HomeMy WebLinkAbout3.0 Staff Report BOCC 07.09.07Exhibits for the Board of County Commissioners' Hearing held on July g,2oo7
A Mail Recei
B Proof of Publication
C Garfield Subdivision of 1984, as amended
D Garfield Resolution of 1978 as amended
E Garfield ve Plan of 2000
F A
G Staff Memorandum
H Letter from Jake Mall of GarCo Road and Dated 912712006IEmailfromDanRoussinofCDOTDatedI0t6t2006,
Letter from Jonathan White of Colorado Geolo al , Dated 101912006
K Letter from Steve of GarCo V Dated 1011612006
L Letter from Chris Hale of Mountain Cross Dated 10119t2006
M Lis of the Colorado Office of the State Engineer, DatedLetter from Craig
rotr8t2006
N Letter from Mountain Cross dated 1October 20069 andEngineering updated
N ovember 200625
o Letter from Davis Farrar , Western dated December 5,2006
P Letter from Mountain Cross dated Jr 3,2007
of Permit issued 2-8-2007
R Resolution of Number 2007-09 for Creek Side Estates dated 2-5-2007
S andEmail fromMemorandum Garfield V S teveCountyegetationManagement,
5 1 and2001 1J-Dated 2-2007
T Cynthia Love of the Colorado Office of the State
t8-2007
Engineer, Dated 4-Letter from
U District Water Division 5, Case Number 04CW99
V Letter from Dob ,LLC dated 6-6-2007wLetterfromBo,f N,of the Noone Law Firm dated 6-1 3-2007oone
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BOCC 7-9-2007 DP
PROJECT INFORMATION AND STAFF COMMENTS
APPLICATION:
OWNER:
APPLICANT:
ENGINEER:
SURVEYOR:
LOCATION:
WATER:
SEWER:
SIZE:
TIN
Revised Preliminary Plan for the Creek Side
Estates Subdivision
Mark Sills
Mark Sills
Boundaries Unlimited, Inc.
Tuttle Surveying Services, Inc.
Four Miles North of the City of Rifle on
State Highway 325
Sills Well No. 1 - Permit No. 266691
ISDS
15.37 acres (6lots proposed)
A/R/RD
Density)
(Agricultural/Residential/Rural
I
I. GENERAL PRO.IECT INFORMATION
A. Property Description
The proposed subdivision is located approximately 4 miles north of Rifle on State
Highway 325, South of Rifle Gap Reservoir. The Property lies on the east side of
State Highway 325.
This 15.37 acre property is located between Rifle Creek and Highway 325 and is
zoned ARRD. The topography is generally gentle and sloping down from Highway
325 to Rifle Creek. There is one residence currently on the property which is
proposed to become Lot 6. Much of the eastern edge of the property abutting Rifle
Creek is within the 100 year floodplain.
The existing driveway from Highway 325 is proposed to be relocated to the north in
order to facilitate the development of proposed Lot 1 as well as site distance
requirernents for CDOT. There are two known existing easements on the property:
one easement is held by the Public Service Company of Colorado located in the
southwest corner of the property in proposed Lot 1; another is located along the
southernmost boundary of the property as a2O' wide water system utility R.O.W.
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Plan L: Previously Approved Preliminary Plan
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30,000 Gallon Fire Protection
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Previously Approved Preliminary Plan
4
Plan}z Proposed Changes from
B. Proposed Use
The subject property is 15.37 acres. The owner is proposing to divide that land into 6
parcels. The largest of the 6 parcels is 3.086 acres. The other lots will be 2.834,2.402,
2.718, 2.248, 2.022 acres, accounting for 1 unit per 2.56 acres of gross land. There is
one existing home on the 15.37 acres which is proposed to be located in Lot 6. Creek
Side Drive, which is proposed to be about 600 feet in length, is to serve the new lots.
Creek Side Drive is to be held within a utility and access easement through lots 1-4.
There is an existing well that will serve domestic water to the proposed homes.
Sewer will be provided by individual sewage disposal systems (ISDS). The applicant
is also proposing (changed from previously approved Preliminary Plan) to use an in-
ground 30,000 gallon fire protection tank, which will be filled by the well. In
addition, the Applicant is proposing a pond with 4 to I slopes and between 12 and 18
inches in depth. Access will be from State Highway 325. Much of the proposed 15.37
acres are deed restricted due to existing wetlands which restricts disturbance in these
areas.
C. Background
This item was heard by the Planning Commission as a preliminary plan in 2004. At
the hearing, the Planning Commission moved for continuance of the preliminary plan.
5
According to the applicant, the following items have been updated since the previous
hearing:
revised adjacent ownership list;
updates to the application narrative;
updated mineral owner/lessee list;
revised preliminary plats;
revised information on physical and legal water supply;
executed and approved CDOT access permit;
revised covenants.
This item has since been reheard by the Planning Commission. The planning
commission recommended approval to the BoCC at this hearing.
on January 15,2001, the Board of County Commissioners approved the preliminary plan
for Creek Side Estates' At this hearing, there was discussion- and concern regarding theproposed above ground 50,000 gallons fire protection pond. Since this aiprova tneApplicant is requesting to amend the application to subsiitute the 50,000 gutton aboveground fire protection pond with a 30,000 gallon in-ground fire protectlon tank. Inaddition, the Applicant is proposing to replace the previously approied fire protectionpond with an up to 20,000 gallon pond with 4 to I slopes (See plan 2 above). ThePlanning Commission heard this item on June 13,2007 and recommends that the Boardof County Commissioners' approve this revised Preliminary Plan with the conditionsproposed by Staff.
II. REFERRALS
Staff has referred the application to the following State agencies, municipalities and./orCounty departments for their review and comment. Comments received are brieflymentioned below or are more comprehensively incorporated within the appropriatesection of this staff report.
City of Rifle: No Comments Received
Rifle Fire Protection District: No Comments Received
RE-2 School District: No Comments Received
Colorado Department of Transportation: CDOT indicates that an access permit
has been issued for this development. However, a Notice to proceed to work withinthe CDOT righrof-way has not been obtained due to issues with site distance. Thispermit is set to expire on July 5, ZOO7 . (See Exhibit I)
Colorado Division of Wildlife: No Comments
Colorado Division of Water Resources: The State Engineer stated that: ,,the
proposed water supply can be provided without causing material injury to decreed
1.
2.
J.
4.
5.
6.
7.
6
water rights, and is adequate, so long as the applicant obtains and maintains a validwell permit and the plan for augmentation is dicreed and is operated according to itsdecreed terms and conditions." (See Exhibit M and Exhibit T)
Colorado Geologic Survey: (See Exhibit J)
Garfield county Road & Bridge Department: (See Exhibit H)
Garfield county vegetation: (See Exhibit K and Exhibit S)
Mountain cross Engineering: (See Exhibit L and Exhibit N)
ilI.
The property is located within Study Area 3 which designates the property as'?rivately owned !n$s yiltr site specific use limitations,, or-th" propor"o land usedesignation map. This designation indicates that "limitations ,u"t u, flood plain,slope hazard, septic constraints, or surficial geology (mud flows, debris fan) are to beevaluated at plan review." As a result, p"r uppropriate review of said limitations, aresidential subdivision may be appropriite i, contemplared by the 2oooComprehensive plan.
IV.TI
The following is an analysis of the proposed development with the ARRD zonedistrict required zoning regulations.
A. Proposed Uses
The Applicant proposes-single-family residential development on six newly createdlots, one of which already has a singie-family residence. The six residential lots arecontemplated as a "use by right" in the ARRD zone district and are thereforeconsistent with the underlying zone district. For other uses, th" ilpil shouldconsult Section 3-02 of the Zoning Resolution. The applicant has pioposeo that noAccessory Dwelling Units will be allowed within this development; however, the"Covenants" are not consistent with this sentiment. In addition, a significant portionof this property is deed restricted to protect the associated wetlands.
B.
Lot Sizq / Slope: There are no slopes over 4Ovo on this property. In addition, allproposed lots are over the 2 aqes minimum lot size. This complies with the 2 acresminimum lot size in the ARRD zone.
Maximum Lot Coverage: Fifteen percent (l|Vo)
7
Minimum Setback:
Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty(50) feet from front lot line, whicheveris greaiec (b) local streets: flfty (50) feet fromstreet centerline or twenty-five (25) feet from front lot line, whicheveris greater;
Rear yard: Twenty-five (25) feet from rear lot line;
Side yard: Ten (10) feet from side lot line, or one-half (ll2) theheight of the principalbuilding, whichever is greater.
Maximum Heieht of Buildines: Twenty_five (25) feet
c.
Generally speaking, Section 5.04.02(2) requires that all lots must have at least a l-acre building envelope that contains slopes less than 40va. Smaller envelopes may beapproved by the Board so long as slope is adequately addressed. Note, while theminimum lot size in the ARRD zone district is 2 acres, all or the proposed residentiallots will exceed the minimum lot size. In addition, it appears there will be nomaximum slope issues.
v.YR
Resulations
staff Findings: The Appricant's preliminary plan Map appears to meet therequirements as specified in the regulations.
B.
Regulations
Staff Findings: As is recommended by Mountain Cross Engineering, staff agrees thatthe saturation of soils from an ISDS system may cause slope instability if placed nearthe escarpment.
The Applicant has since met with Mountain Cross Engineering to discuss this issue.The Applicant has ag-reed to update the covenants to require that Lots 2-6 install theirseptic fields at least 50 feet away from the top of the bank. Staff concurs that this issatisfactory' This update is reflected in the upout"o ptans daieo Received March 20,2007.
A.
8
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A. Geolosy and Soils
Staff nnaUgq A report of geotechnical findings for this property was conducted byHepworth-Pawlak Geotechnical, Inc. The report was conducdd in July of 2002.
The proposed subdivision is located within *oitly fallow irrigated pastures. Due to ahigh water table, plat notes 12 and 13 require site specific foundations and ISDS.The map designations for the various geologic units arl:
o Man-Placed Fillo Colluvium
o Alluvial Fano Creek Terrace
o Wasatch Formation
Following review of the report, staff agrees with H-P Geotech that "the property issuitable for the proposed deveropment based on geologic and geotect ricatconditions."
B. Veeetation
&aff Findines: A _weed inventory and management plan prepared by BeachEnvironmental, LLC has been submitted for this development. The weed inventory
and management plan were created in September of 200j. The report finds that thereare currently small amounts of noxious weeds on the property. Ho*erer, with therelocation of the access road and construction of five new htmes on 2-3 acre lots, theproliferation of new weed communities is likely. The noxious weeds which currentlyinhabit the property are:
1. Canada Thistle
2. Plumeless Thistle
3. Hoary Cress
4. Volunteer Rye
5. Field Bindweed
6. Tamarisk
The Dominant Vegetative Species of the area include: wheatgrass, fescues, timothy,sweet clover, various peppergrasses, mustards, sedges, rushei, cottonwood, willow,
crested wheatgrass, bluegrass, orchard grass, brome, and juncus.
The revegetation plan prescribes local grasses, including:
1. Arizona Fescue
2. Prairie Junegrass
3. Mountain Muhly
9
4. Indian Ricegrass
5. Timothy
6. Nodding Brome
7. Mountain Brome
Staff feels the noxious weed inventory and revegetation plan are adequate. Since
review of the previously approved preliminary plan, Staff suggests that a
revegetation security of $4250 be held based on the Applicant's estimate of 1.7 acres
of disturbance (1.7 acres X $2500 per acre reveg cost estimate) (See Exhibit S).
Vegetation Existing on Property
C. Wildlife
Staff Findinss: A Colorado Division of Wildlife WRIS Data Checklisr was
submitted identifying types of wildlife that will be impacted by the proposed
subdivision. The list of wildlife is a follows:
o Bald Eagle Winter Rangeo Canada Goose Winter Range. Elk Winter Range
. Elk Overall Rangeo Elk Summer Range. Mule Deer Winter Range
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o Mule Deer Winter Concentration Areao Mule Deer Severe Winter Range
o Mule Deer Overall Range
o Mule Deer Resident Population Areao Mule Deer Highway Crossing
o Native Fish (Roundtail Chub, Speckled Dace, Flannel Mouth Sucker)o Wild Turkey Overall Range
o Wild Turkey Winter Range
The submitted list shows there is a number of wildlife species that could be affected
by humans as well as domesticated animals. The Applicants will need to be aware
of the wildlife and manage any domesticated animals to reduce impacts it may have
on wildlife. In addition, the applicant will need to address the "Covenants" to
indicate that only one dog per dwelling unit is permitted under Garfield County
Zoning Regulations.
D. Drainase Plan
Staff Findines: A Drainage Plan was submitted for the Applicants by Boundaries
Unlimited dated June 10, 2003. This plan finds that none of the building envelopes
are located within the 100 year flood plain or near the top of the creek bank. The
building envelopes have been rearranged so that none of them are within the
designated wetland areas. The proposed access drive does traverse a portion of the
westemmost wetland area. The Applicant received an approved Army Corps permit
on February 8,2007 (See Exhibit Q).
This site is located within.the Rifle Creek drainage basin. The estimated flows that
could affect the proposed residential lots are minor and will be short lived. Any
possible damage to buildings could be mitigated through a grading plan. Staff
concurs with the Colorado Geological Survey that there is a potential for flooding, as
is disclosed in plat note #11, between lots 1 and 2 as the western tributary crosses the
street and flows between the two lots. For onsite drainage, detention is not proposed
because of the relatively large lots sizes allowing natural diffusion of minor flows
generated from the proposed lot improvements. The Summary of the plan is as
follows: "Additional storm runoff generated from the development of Creek Side
Estates Subdivision will be insignificant due to projects low density and few
impervious areas, and the fact that typical excess Jlood irrigation flows would be
larger than most storm runoff events. Storm water detention is not necessary as
flows leaving the site will be entering the Rifte Creek floodplain without affecting
any other properties. Individual site grading will be necessary to mitigate drainage
and flood irrigation impacts. "
Following discussions with Mountain Cross Engineering, the Applicant has agreed
to update the covenants to allow storm drainage conveyance along all property lines.
1l
B. Utility PIan - Water
Staff Findings: Domestic Potable water will be provided by a domestic well, permit# 26669L to be augmented per Case No. 04CW99. Water is to be provided to six
lots for in-house use, and 485 square feet of lawn and garden foi each lot. The
County typically uses a water usage calculation of 100 gallons per person per day for
a household of 3.5 persons or a total of 350 gallons a day per household.
Case No. 04CW99 will modify the augmentation plan from Case No. 8lCW56 in
order to provide water for six single-family residences, livestock watering of up tosix animals, the irrigation of up to 485 square feet per lot and fire protectlon. Since
Permit Number 266691was issued as a monitoring well, a new permit is required
prior to this well being used for the proposed use. The decree prouid"d has not been
signed by the water judge and will not be final until it has been signed by a waterjudge. According to the Division of Water Resources, "Court records indicate that
the decree was entered on October 14,2006, and that the case was closed on October
17, 2006." The proposed well location is on the southern boundary of lot 2. The
proposed 4" water line that will serve the 6 residential lots will run between Lots 1
and2, then under the access drive and loop at the end ofthe cul-de-sac.
A 4 hour pump test was conducted by J&M pump company on Decemb er 7,2005.
The rate of 15 GPM was maintained throughoui the i hour test. The maximum
drawdown was 0.67 ft and a IOOVo recovery was obtained within 3 minutes. TheDivision of Water Resources states that "With sufficient storage capacity this well
should provide an adequate supply for the proposed use.,, The applicant is proposing
to use an existing 6,000 gallon domestic water storage tank, loiited in an easement
near the southerly edge of the property. The water is to be chlorinated at the storage
tank. It is estimated that this tank will maintain the 15 person community for 2.g
days.
Water quality samples were collected for the test. The lab test included analysis forvarious inorganic chemicals, total dissolved solids and some of the physicat
properties of the water. Coli form bacteria tests indicate bacteria were absent fromthe sample. The water quality tests did detect high levels of Selenium, which is
determined by the EPA to be a health risk. The applicant states that 'Each lot ownerwill be responsible for individual testing and in-house treatment of their potable
water." Per Section 4.9I A.5. of the Garfield County Subdivision Regulations, staff
would like evidence that in house treatment of Selenium is the best afproach versus
the use of a centralized treatment facility. A plat note (#20) has been ptaceO on theplat advising that the water supplied in this development has a high Selenium
content.
Following discussions with Mountain Cross Engineering, the Applicant has agreed
to the following:
1. Use Reverse Osmosis (RO) systems within each home to remove Selenium from
water source;
t2
2. Increase the pond depth to 8 feet and reshape the pond to 52'by 52'surface area
and 3:1 side slopes. This will increase storage from 30,000 gallons to 57,000 gallons.
The covenants will be updated to reflect this change;
3. The covenants will be updated to reflect a limitation of 485 square feet of inigated
land per dwelling unit.
Since the last approval on January 15,2OOl, the Applicant is now proposing that the
52' X 52' fre protection pond be made smaller and for purposes approved within
Case Number 04CW99 and with the addition of a 30,000 gallon fire protection tank.
Case Number 04CW99 states:
III. APPR$\IIAL OF CLAIM FOR I:ONI}TTIONAL $TOfutGE WATISR RIG}I'TS
N&me q*,Frrufiture; $ills Fnnd Nr. I
A' tsg4-DgqsdnfiEs: Ti:te cenl*r'oI$ili$ tr)ond hi*, tr rr.,ili hq lncan*d i* Secri+n lg,T$wnship s sffirrh, Range $3 wr:sr o.flths d''r'r.trt{., ar a puinr g40 fer:r fi,*m rheltrresl ssction line and ?J ?fi feec frr:m the snuth see tion *risaid $estlon I g.
E' Iie-Irtss: $ills lVell Ns. 1, runstf, und rururn flouos, uIl nf rvhich aru triirulary toRific Crcck, aibutary"t* Colcrad+ Rr'ver"
e. "4$Ucprqrion trnftrmr*riqg:
I) I),stS *fAaFtrCIpriatlo_$r .Iuty [, ?ilSJ
2l How Anurnpqi.atit* uar injtiateri: B-v fiek] invesrigarior $lrrj isnuarion of,intcn{ to app.ropriate lr,er€r ll$r bi:nEfi*isl uses.
fl, T*ral numbetr of l*crer Froposed ra be lxigllted; 00"&6? acrer cll.Ianr ard gard*ns
The surfacd arEs. af hi{$i_l $rutsr ninr: S.fi6 aurer;
I) IW;lximum lrei$hr s,fdanu g.g lb+t
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*ulFi*h ri v*stoc.lrIJrq:[r.uB,tirl:rvateringl ;utclIawnJTrr:t*slir:il.gxrden }migati**-and augrneutatiou hsreindescrihedpurp0ss$theand fl tll10 andght saidrcfrtrl
whenevarp*fid uater fl!,r&trIS lablq rtOT SUtyprir:ri asti:r:es any
*ne offuet rheofirrplernantatiamby iin.*,.lgrxartari*n pl
&Egsst eleirn€cir 0.I6 AF, aonditionsl {Sfi"ti{}tr pal.)
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H' *\sfire fln$ p.<i-dresj Ef [he gr&'ns:f.,qi renutcr* qryn+r nf ]ryUlrrpnn l,vhieh,anv qe$",
d,i-rerpipn o,r SSryee p[ructuro nr aro4{ficattpn r*.auy e.xisting div€r$i{}n or smrs$*
struq{u{e i+ q{.P$n bs eQIst{WtFd {}r upon u.'hi*}1..1.18!+,{ js i}r rnilB.k;tors{i"
i n*lu:Jin4 mqdifigati o$ l.(r, thc existi nc str,lrs,ge n oo I : Appt I c.enl.
As is demonstrated on the previous page, the Applicant is limited to 50,000 gallons
of water use for fire protection and other outdoor water storage. For this reason, the
Sills Pond No. 1 as outlined in the Ruling should be limited to 20,000 gallons.
F. Utilitv Plan - Sanitarv Sewer
Staff Findings: Wastewater treatment is proposed to serve each lot through the use
of an individual sewer disposal system (ISDS). The applicants are proposing the
ISDS be installed by each owner in accordance with all applicable ISDS regulations.
A percolation test was performed on the property resulting in a percolation rate
between 62 and 100 minutes per inch. According to the applicant, "Based on the
available information and test results, site conditions are marginally favorable, but
workable, for the installation of engineered ISDS's within the proposed
development. Each individual site must be retested at the time of building permit
application to determine the most suitable system design for that particular site." Plat
note #12 indicates that "Due to the presence of shallow groundwater, each lot will be
serviced by an individual sewage disposal system (ISDS) to be designed by a
professional engineer registered in the State of Colorado. Evapotranspiration systems
shall not be allowed."
Staff concurs with the recommendation made by Mountain Cross Engineering that
"the saturation of soils from an ISDS system may cause slope instability if placed
near the escarpment. The ISDS systems may also warrant a setback from the
escarpment. This should be verified with the geotechnical engineer."
Following discussions between the Applicant and Mountain Cross Engineering, the
covenants are to be updated to require a 50' setback for ISDS from the top of bank
on lots 2-6. This update is reflected in the plans dated March 20,2OO7 .
G. Fire Protection
Staff Findinqs: The Proposed subdivision is within the Rifle Fire Protection
District boundaries. No comments were received from the Rifle Fire Protection
District. The site is comprised primarily of "light" fuels, or grasses. The site also
contains "moderate" fuels, or shrubbery as well as "heavy" fuels, or trees. Most of
14
the building sites are in the "light" fuels area. The applicant initially proposed and
was approved for the following measures for fire protection and prevention:
1. A 30,000 gallon pond filled by the well which will have a dry hydrant
located at the end of Creek Side Drive;
2. Individual propane tanks are to be placed in a location where they are not
subject to damage, and combustible materials are to be kept a minimum of
10 feet away;
3. Trees greater than 15 feet in height at maturity shall have a minimum
spacing of 10 feet between the edges of the crown. Dead trees shall be
cleared and removed;
4. Spacing between clumps of brush and/or shrubs shall be 2.5 times the height
of the vegetation;
5. The maximum diameter of the brush and/or shrub clumps should be two
times the height of the vegetation measured at the crown of the vegetation;6. All ladder fuels should be removed from under brush, shrubs and tree
canopies;
7. Non-combustible ground cover (gravel) should be placed under trees, brush
and shrubs to the edges of the crown, or the vegetation should be pruned to a
height of lO-feet above the ground or Vz the height of the plant, wiichever is
least;
8. Lawns should be kept to a maximum height of 4 inches;9. Brush should be removed around the perimeter of all residential structuresfor a distance of 2.0 times the height of the brush or completely removedwithin lO-feet of any residence and trimmed down to a height liss than 5-
feet within 2O-feet of any residence.
Since the Approval of this Preliminary Plan on January 15,2007, the Applicant is
proposing to replace the above ground 50,000 gallon fire protection pond with an in-ground 30,000 gallon fire protection tank as a superior method to limiting the
drawbacks of the above-ground configuration.
H. Road/Access Plan
Staff Findings: The access to the subdivision will come from a main entrance off of
State Highway 325. An internal dead end public road is proposed to provide accessto each of the 6 lots. This road is configured to terminate with u rul-d.-.uc. The
access road is to be dedicated as a public road but will be maintained by the HOA.
_Using the ITE Trip Generation manual, 6 residential lots will generate apiroximately
57 .42 trips at 9.57 trips per dwelling which requires the all iniernal roud t. designedto the "Semi Primitive" standard pursuant to Section 9:35 of the Subdivision
Regulations. This road type requires a 40-foot right-of-way, two S-foot driving lanes,2-foot shoulder widths, 4-foot ditch widths, urd a gravel driving surface. T-he cul-
de-sac is approximately 600 linear feet and upp"arr to comply with the required
standards. It appears the proposed internal road has been designed to this standard.
Dedication to the public of this internal road will be required. Maintenance
l5
however, will be the responsibility of the Homeowners Association and
memorialized on the final plat as a plat note.
The Applicant is required to obtain a "Notice to Proceed" from cDoT prior to Final
PIat.
Subject Parcel Road Frontage
I. Easements
The Applicant will need to delineate, legally describe, and convey all easements
shown on the plat to the Homeowners Association. This dedication needs to be in a
form acceptabie to the County Attorneys Office and transfer shall occur at the time
of recording the final plat. These easements shall include, but are not limited to all
drainage easements, Jhared water System easements (domestic wells and water
storage tank), storm-water drainage easements, and all internal roads (which will be
dedicated to the public on the face of the final plat)'
J. Assessment / ImPact Fees:
The property is located in Traffic Study Area 5 and is not subject to road impact
fees.
16
The development is located in the RE-2 School District which will require a standard
impact fee of $200 per new lot. This fee will b.e paid at final plat and included as a
component of the Subdivision Improvement Agreement (SIA).
VII: STAFF RECOMENDATIONS
Staff recommends that the Board of County Commissioners APPROVE the proposed
revised Preliminary Plan with the following conditions recorlmended by Staff:
1. That all representations made by the Applicant in the application and as testimony in
the public hearings before the Planning & Zoning Commission and Board of County
Commissioners shall be conditions of approval, unless specifically altered by the
Board of County Commissioners.
Access and Internal Roads
2. According to the Colorado Department of Transportation (CDOT), there are site
distance issues with the access to the proposed Creek Side Development. The
Applicant shall obtain a Notice to Proceed to work within the CDOT righrof-way
prior to final plat.
3. Right of way dedication shall be at the time of final platting, using the standard
dedication certificate language as set for by Garfield County.
Pond I.C, oOO Xc'4. The pond shall be utilized in with the Ruling of the Referee, Case
Number 04CW99; limited capacity; a 12 to 18 inch depth and be
constructed with grading
language to address the
a slope of 4 to 1. The Applicant shall include
maintenance of this pond including weed management and
water circulation in the Covenants prior to signing of the Final Plat.
Fire Protection
TOC) 1n/'
5 gallon fire protection tank shall be constructed and maintained in
with all requirements set forth by the Rifle Fire Protection District.
Wetlands
6. The Applicant shall incorporate the recommendations contained in the "Wetland
Restoration Plan" prepared by Beach Environmental, LLC contained in the
Application
Revegetation and Mosquito Control
1. The Applicant shall provide a security for revegetation in the amount $4250 to cover
the estimated I.l acres to be disturbed prior to signing of the Final Plat. The
20,000
t7
obligations of said security shall be incorporated into the Subdivision Improvements
Agreement. The security shall be held by Garfield County until vegetation has been
successfully reestablished according to the Reclamation Standards in the Garfield
County Vegetation Management Plan.
8. The Applicant shall submit a Mosquito Control Plan for Sills Pond No. 1. This plan
shall be reviewed and approved by the Garfield County Vegetation Management prior
to approval of the Final Plat.
Soils / Geotechnical Issues
9. The Applicant shall incorporate the recommendations contained in the "Preliminary
Geotechnical Study" prepared by HP Geotech contained in the Application into the
covenants.
Drainase
10. The covenants and final plat shall be updated to allow storm drainage conveyance
along all property lines.
Individual Sewage Disposal System
11.The Applicant shall incorporate the recommendations contained in the "Creek Side
Estates Individual Sewage Disposal System" report prepared by HP Geotech
contained in the Application.
ll.The Applicant shall delineate on the final plat and update the covenants to require a
5O-foot setback from the top of bank for atl Individual Sewage Disposal Systems
(ISDS) for Lots 2-6.
Irrieation
13. The Covenants shall be updated to limit each dwelling unit to 485 square feet of
irrigated land each.
Easements
14. The Applicant will need to delineate and legally describe all easements on the final
plat and convey all easements shown on the plat to the Homeowners Association.
This dedication needs to be in a form acceptable to the County Attorneys Office and
transfer shall occur at the time of recording the final plat. These easements shall
include, but are not limited to all easements of record, utility easements, drainage
easements, shared water system easements (domestic wells and water storage tank),
storm-water drainage easements, and all internal roads (which will be dedicated to the
public on the face of the final plat) required as apart of this development.
18
Impact Fees
15. The applicants shall make a cash payment in-lieu of school land dedication of $200
per lot at the time of final plat.
Covenants
16. Update the Protective Covenants to prohibit Accessory Dwelling Units.
17. Update the Protective Covenants to restrict the number of dogs per dwelling unit to
one (1) as is required by Garfield County Regulations.
Plat Notes
18. A plat note shall be placed on the final plat stating: "To mitigate frehazards, each lot
owner shall incorporate and maintain a defensible wildfire zone as set forth in the
"Colorado State Forest Service Publication 6.302"
19. A plat note shall be placed on the final plat stating: "Each dwelling unit is limited to
485 square feet of irrigated land each."
20. A plat note shall be placed on the final plat stating: "No accessory dwelling units are
permitted within the Creek Side Estates subdivision."
2I. A plat note shall be placed on the final plat stating: "All Individual Sewage Disposal
Systems for I,ots 2-6 shall be setback fifty (50) feet from the top of the bank of Rifle
Creek."
t9
GARFIELD COTINTY
Building & Planning Department
Review Agency Form
Date Sent: September 27,2006
Comments Due: October 19,2fi)6
Name of application: Creekside Estates
Sent to: Garfield County Road & Bridee Dept.
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfreld County Building & Planning
Staff contact: David Pesnichak
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3410
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no objections to
this application as the entrance to Creekside Estates is off of State Hiehway 325.It
that State not Creek Road whi
is Garfield County Road 325 south and west of Rifle.
All maintenance and reoair of the road to de Estates will not be the responsibility
of Garfield County Road & Bridse Department.
Name of review agency:Garfield County Road and Bridee Dept
By: Jake B. Mall Date October 2. 2006
Revised 3130/00
Creekside Estates
David Pesnichak
Page 1 of 1
From: Floussin, Daniel IDaniel.Roussin@DOT.STATE.CO.US]
Sent: Friday, October 06, 2006 2:19 PM
To: David Pesnichak
Cc: Drayton, Devin
Subject: Creekside Estates
David - Thank you for the opportunity to review Creekside Estates which access on State Highway 325 for six
units. CDOT has issued an access permit for the proposed use. However, the permittee (lilark Sills) has not
obtained a Notice to Proceed to work within the CDOT right of way. There is some issues with site distance.
Their permit will expire July 5, 2007 unless finish construction of the access.
lf you have any questions, please let me.
Dan Roussin
Colorado Department of Transportation
Region 3 Permit Unit Manager
222 South 6th, Suite 100
Grand Junction, Co 81501
970-248-7230
970-248-7294 FAX
1AIZ. I'rrr\A
S ATE OFC LO DO
COLORADO GEOLOGICAL SURVEY
Deportment of Noiurol Resources
131J Shermon Stree[, Room 715
Denver, Colorodo 80203
Pnone (30i) 866-261 1
FAX (303) 866-2461
October 9,2006
Mr. David Pesnichak
Garfield County Planning Department
109 8t Street, Suite 303
Glenwood SPrings, CO 81601
L.
, Sec. 19, T5S, R92W, 6ft P.M.
,r. -i-. "^y-r:T :TT iI:
_. ,' ;' . r ! \, t*, L,::"
,,r, l- a Lt)tt)
. , - ':
GA-07-0004
Legal:NWSW
DEPARTMENTOF
NATURAL
RESOURCES
Bill Owens
Governor
Russell George
Executive Director
Vince Motthews
Division 0irector ond
Stote Geoloqist
RE: Creek Side Estates Subdivision Geologic Hazard Review - Resubmittal
Sincerely,
Dear Mr. Pesnichak,
Thank you for the land use application referral. At your request and in accordance to Senate Bill
35 (1g72)this office has reviewed tlie materials submitted by your office The Colorado Geological
Suruey (CGS) had previously commented on an earlier version of the development plan in a letter dated
February 23,zc)}4to Fred Jarman (cGS LrrR #GA-04-0009). The cGS has reviewed the revised
developmeni preliminary plan and offers the following observations for your consideration'
The preliminary plat references only the earlier }OOZIJF Geotech report so no additional
geotechnic i dutuor investigations have been conducted. We have reviewed the new site plan and find
ihat
"hurges
are related to tf,e jurisdictional wetlands that were previously tampered with during the
original alplication. The othei change is that the offset of building envelopes for the new lots now
conform to the tlp Geotech 5o-foot off."t recommendation from the creek bank. Site specific
foundation and septic systems are mandated in plat notes 12 and 13. Our only other concern is the
pJential for flooding from the western tributary from where is crosses the street and flows between lots
I and 2. As discussJd earlier, there is a detention structure in the property west of the county road of
unknown capacity and integrity. Plat note #11 discloses the flood potential for lots I andZ'
provided the site-specific foundations investigation are conducted and ISDS design meet state
and county regulatory requirements, the CGS finds no inherent geologic condition or hazard that would
preclude tire Jwelop..ri "r
planned. If you have any questions please contact this office at (303) 866-
3 55 1 or e-mail: ionathan.white@state.co.us
Senior Engineering Geologist
To:
From:
Re:
Date:
MEMORANDUM
David Pesnichak
Steve AnthonY
Comments on the Creek Side Estates Preliminary Plan
October 16,2006
Thanks for the opportunity to comment on the Preliminary Plan. My comments are as follows:
Noxious Weeds
a tnventoryandmapping-Theapplicanthasmappedandinventoriedtheproperly.
Weed Management-The applicant has provided a weed management plan for the
inventoried noxious weeds.
The applicant has addressed soil management on the miscellaneous detail sheet'
The applicant has not provided a plant material list and planting schedule' Please
p.onio" a map or information, prior to final plat that quantifies the area, in terms of
acres, to be disturbed and subsequentty reseeded on road cut and utility
disturbances. This information wtll help determine the amount of security that will
held for revegetation.
The security shall be held by Garfield county until vegetation halheel successfully
reestablished according to tile attached Reclamation Standards' The Board of County
Commissioners will designate a member of their staffto evaluate the reclamation prior to
the release of the securitY.
Revegetation
Soil Plan
a
a
a
a
Pond and Mosquito Management
o The applicant has addressed mosquito concerns on the plat notes
MOUNTAIN EROSS
ENGINEERING, INC.
Ctvt euo ElvtnoNrutNtnl CorusurrlNc nuo DrstcN
October 19,2006
Mr. David Pesnichak
Garfi eld County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601 ( ";
RE: Review of Preliminary Plan Submittal for Creekside Estates
Dear David:
A review has been performed of the documents for the Preliminary Plan Submittal for Creekside Estates
Subdivision. The package was found to be thorough and well organized. The following comments,
questions, or concerns were generated:
Water Plan:
1. There is reported to be a high concentration of selenium in the potable water source. The
applicant proposes to have the individual lot owners test and treat their own potable water.
Some discussion on the parameters for the treatment of selenium wouldbe in order to determine
the quality of the water per the Garfield County Subdivision Regulations, Section 4:91.A.5. The
discussion should contain a general discussion of the process, the amount of waste water
generated (if any), maintenance required for a treatment system, and a general estimate of the
costs of treatment.
2. The pumping rate from the well and the storage tank volume only discusses the rates and
volume associated with potable water. The well and storage tank is anticipated to provide
irrigation water as well. The pumping rates and storage amounts should be verified against the
additional demand anticipated for irrigation.
3. The 30,000 gallon lined pond is proposed as a source of fire protection. The pond has a
relatively junior priority in a reportedly over-appropriated basin; during dry years, it is probable
that the pond will be filled during the winter and early spring and may not have any diversions
again until the fall. The evaporative losses from the pond are estimated to be 30" (April to
September). The pond is designed for a maximum depth of 48" with the dry hydrant intake
located 12" frorn the bottom. The actual volume of water that wili be available for fire
protection will generally be less than the 30,000 gallons and in some cases may be much less.
The anticipated fluctuations in the available volume of water should be reviewed by the
appropriate fire district per Garfield County Subdivision Regulations, Section 9:73.
4. There is a discrepancy within the documents conceming the allowable irrigated areas. The
water report limits the area to 1,000 square feet per dwelling unit. It is limited to 485 square
feet per dwelling unit in the "Decree" and the "Covenants".
Individual Sewaqe Disposal System:
5. The setbacks from the river bank escarpment have only been concemed with buildings. The
saturation of soils from an ISDS system may cause slope instability if placed near the
escarpment. The ISDS systems may also warrant a setback from the escarpment. This should
be verified with the geotechnical engineer.
826 112 Grand Avenue . Clenwood Springs, CO 81601
PH 97O.945.5544 . FAX: 970.945.5558 . www.mountaincross-eng.com
L
--
Creekside Estates Page 2 of 2 10119t06
Storm Drainage:
6. The "Easements" Section 1 2 in the "Covenants" does not appear to allow for any storm drainage
conveyance. Note #1 1 on the plat seems to allow storm drainage in this manner. Verify that all
drainage ways from up-gradient lots are contained within dedicated drainage easements or
include drainage within the uses for the easements in the covenants and per the first part ofNote
#11 on the plat.
Plan and Profile Sheets:
7 . The depth of the pond is relatively shallow, especially in light of the seasonal variations. At the
proposed water depths wetland plants are to be expected and without maintenance engulf the
entirety of the pond. This could pose significant functional problems to the fire protection use.
The HOA will need to periodically maintain the pond to protect the volume proposed.
Attachments:
8. The CDOT permit appears to have expired. A valid permit will be necessary at the time ofFinal
Plat.
9. There is a discrepancy between the allowance for ADUs in the "Covenants" section 3.5a and the
statements throughout the documents that no ADUs will be constructed.
10. There is a discrepancy between the allowable number of dogs in the Covenants (two) and
Garfield County Regulations (one).
Feel free to call if any of the above needs clarification or if you have any questions or comments
Cross
ti
Chris Hale, PE
C: Deric Walter; Boundaries Unlimited, Inc
MOUNTAIN CROSS ENGINEERING. INC.
Civil and Environmental Consulting and Design
826 t/z Grand Avenue, Clenwood Springs, CO 8 I 601
P: 970.945.5544 F': 970.945.5558 www.mountaincross-eng.conl
Inc
STATE OF COLORADO
OFFICE OT THE STATE ENGTNEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 856-3s89
www.water.state.co.us
October 18,2006 | -,i ',
-'
,.
David Pesnichak
Garfield County Building and Planning
108 8th St Ste 401
Glenwood Springs CO 81601
Creek Side Estates Preliminary Plan
NW%SW%, Sec. 19, T5S, R92W,6th PM
Water Division 5, Water District 39
Dear Mr. Pesnichak:
We have reviewed the additional information regarding the above referenced proposal to
subdivide a 15.37-acre parcel into 6 lots, each of which is to contain one single-family dwelling.
Water is to be provided for in-house domestic uses and the irrigation of 485 square feet of lawn
and garden for each lot. The applicant prqposes to provide the water supply through an existing
well (permit no. 266691) to be augmented per Case No. 04CW99. The lots will be served by
individual septic systems. The submittal also states that Robinson Ditch irrigation water rights may
be used on the lots.
Case No. 04CW99 modifies the augmentation plan decreed in Case No. 81CW56, and
provides water for domestic use inside six single-family dwellings, livestock watering of up to six
animals, the irrigation of up to 485 sq. ft. per lot, fire protection and pond evaporation for the Sills
Pond No. 1. The submittal included a copy of the proposed decree for 04CW99, which was
signed by the water referee on July 19, 2006, but the decree is not final until it is signed by the
water judge. Court records indicate that the decree was entered on October 14,2006, and that
the case was closed on October 17,2006.
The current permit for the well does not allow for operation pursuant to the plan for
augmentation. Permit No. 266691 was issued for the Sills Well No. 1 as a monitoring well. Thus,
a new permit is required prior to such use. A well permit issued pursuant to C.R.S. 37-90-137(2)
and the plan for augmentation decreed in Case No. 04CW99 may be available, and although the
applicant has submitted an application to expand the use of the Sills Well No. 1, there is no
guarantee that the well permit can be issued.
The December7,2005 report by J & M Pump, lnc. indicates that the Sills Well No. 1
produced an average of 15 gallons per minute over a 4-hour period, that the drawdown was
0.67 feet and that the 100% recovery occurred within 3 minutes. With sufficient storage
capacity this well should provide an adequate supply for the proposed use.
Note that the use of the irrigation water rights must not result tn an expansion of use,
and a change of water rights application may be necessary to allow irrigation of lands that were
not historically irrigated.
Based on the above, the State Engineer finds pursuant to Section 30-28-136(1)(h)(l),
C.R.S., that the proposed water supply can be provided without causing material injury to
decreed water rights, and is adequate, so long as the applicant obtains and maintains a valid
well permit and the plan for augmentation is decreed and is operated according to its decreed
Bill Owens
Covernor
Russell Ceorge
Executive Director
Hal D. Simpson, PE.
State Engineer
RE
David Pesnichak
Creek Side Estates Preliminary Plan
October 18, 2006
Page2
terms and conditions. If you or the applicant has any questions concerning this matter, please
contact Craig Lis of this office for assistance.
Sincerely,
Craig M. Li s,P.E
Water Resources Engineer
CMUCJL: Creek Side Estates iii.doc
cc: Alan Martellaro, Division Engineer
James Lemon, Water Commissioner, District 39
EXHIBIT,
,/
October 19,2006
Mr. David Pesnichak
Garfield CountY Planning
108 8th Street, Suite 401
Glenwood SPrings, CO 81601
RE: Review of Preliminary PIan Submittal for Creekside Estates
B.undaries (Jnlimited Inr. R rpor,ro, in italic RED und as di';ctts';ecl in our meelingon I l-25-06'
Dear David:
A review has been performed ofthe documents for the preliminary plan sutmittal for creekside Estates
subdivision. The pu.tug" was found to be thorough and weil organized. The following comments,
questions, or concerns were generated:
gffi"isreportedtobeahighconcentrationofseleniuminthepotablewatersource.The
applicant proposes to have the individual lot owners test and treat their own potable water' Some
discussion on the parameters for the treatment of selenium would be in order to determine the
quality of the water per the curft"ia County Subdivision Regulations, Section 4:91'A'5' The
discussion should contain a general discussion of the process, the amount of waste water
generated (if any), maintenance required for a treatment system' and a-general estimate of the
costs oftreatm ent' Selenium is a mclal clu'ssi/iect b1t rhe EPA qs a Phase II Inorganic v'hich u'hen'
ingested in excess tluartitics ma,v leur) hair anct.fingernail changes, clamagc lo the peripheral
nen,o,,\ svsten't; ./atigue and irritabilit." or kirliel' and liver damage Removal o/'selenium is
perlormed through rcver,te osmosis ('RO) or t4,oster clistillalion- R0 is the more co'sl ffictitte
solution'ROtypicall)'require'sav'asteproductionof25%to50'%mo'rewater"lhanisneed'
There./bre. treatment (t the.full 2,100 gutlins rf per tlav through a cenrral'facility u'ould result in
525 to 1,050 gallons of concentraled waste witn, that wouicl huvc lrt be returncd hack to the
groundwater. since seleniwn i.s reEylaled fitr dr-inkingv)uter, then treatmenl is onllt necessqn) at
clrinkingsol.trces, such as tcitcnen'laucetsi,' ctrinking.iaucets or ice makers' A typical re'sidence
require's10-25gallonsrlfu,aterperdal,Tgmecttie.seneer]s.ThroughtheuseofindividualRO
systents the ant,unt of cctncentrared v,aste could be reduced lo 7 lo l3 gallons per dcty per
residence (12 to 78 gallons Jor the ;;ubdivision) vthich could be retunted to the S4roundvater
through each individual sewage disposal s.vslem' The impacl to thl environntent would be
significantll, less btt u,sing indiviauh nCl ffeatmenl systems instead o.f a centrul lreatment
fac'ili4.
2. The pumping rate from the well and the storage tank volume only discusses the rates and volume
associated with potable water. The well and storage tank is anticipated to provide ifflgltio1
water as well. The pumping rates and storage amounts should be verified against the additional
demand anticipated for irig-atio n. Based on Table l-Consumptive LLce, C)reek";ide E'stales given in
the Water Diy. 5 Ruling sJ'Refbrec, the peak irrigation dcmancl v'ill occur in June and require s,
ta,$2 gattor,s/ntrnth (0.0322 i, ii:.li;:oo cftic-.flz'lttgul/c.fl or 350..gpd Therelbre,lt'!1n
atlded to the rjomestic clentand uf'l.ltltl gpd"the daily demani i,s z,ntl gpa' Tlti's would 2'72
Creekside Estates Page 2 of2 t0n9/06
hours o.f pump tinte at l5 gltm and the existing 6,000 gallon woter tank should have 2.1 do"vt ,t
storage.
3. The 30,000 gallon lined pond is proposed as a source of fire protection. The pond has a
relatively juniorpriority in a reportedly over-appropriated basin; during dry years, it is probable
that the pond will be filled during the winter and early spring and may not have any diversions
again until the fall. The evaporative losses from the pond are estimated to be 30?' (April to
September). The pond is designed for a maximum depth of 48" with the dry hydrant intake
located 12" from the bottom. The actual volume of water that will be available for fire protection
will generally be less than the 30,000 gallons and in some cases may be much less. The
anticipated fluctuations in the available volume of water should be reviewed by the appropriate
fire district per Garfield County Subdivision Regulations, Section 9:73. The pond depth v,ill be
increased lo 8'and reshaped into a 52'x52' surface areu and 3:l sidc .slope.s. Thi.su,ill result in
a.full storage o./'57.000+ gallons. The pondwill need to be re.filled neat: the end of ,Iulywith the
ditch water, il-rnailable, or well wuter to ofJ,sel the evaporative lo,sses and maintain 30,000
gallons of available water throughoul lhe year. Thi,s information u,ill bc added to thc Covenants.
4. There is a discrepancy within the documents concerning the allowable irrigated areas. The water
report limits the area to 1,000 square feet per dwelling unit. It is limited to 485 square feet per
dwelling unit in the o'Decree" and the "Covenants". lrri;4ation will he limited ctt 185 square .feet
per dwallittg unit.
Individual Sewaee Disposal Svstem :
5. The setbacks from the river bank escarpment have only been concerned with buildings. The
saturation of soils from an ISDS system may cause slope instability if placed near the
escarpment. The ISDS systems may also warrant a setback from the escarpment. This should be
verified with the geotechnical engineer. The Covenants ,shall he updaled to require Lots' 2-6lo
inslall their septicfields at least 50'awayfrom the top of the bank.
Storm Drainase:
6. The "Easements" Section 12 in the "Covenants" does not appear to allow for any storm drainage
conveyance. Note # I I on the plat seems to allow storm drainage in this manner. Verifr that all
drainage ways from up-gradient lots are contained within dedicated drainage easements or
include drainage within the uses for the easements in the covenants and per the first part of Note
#11 on the plat. The Covenant,r shall bc updated tct allov' ,storm drainuge convevonca along all
propcrty lincs.
PIan and Profile Sheets:
7. The depth of the pond is relatively shallow, especially in light of the seasonal variations. At the
proposed water depths wetland plants are to be expected and without maintenance engulf the
entirety of the pond. This could pose significant functional problems to the fire protection use.
The HOA will need to periodically maintain the pond to protect the volume proposed. ls
mentioned, the depth of'thc pond shall be increased to 8-feef. The Covenants,rhallbe updated to
require the HOA to limit the grotuth o.f'ucluatic vegetation.
MOTJNTAIN CROSS ENGII\EERING. INC.
Civil and Environmental Consulting and Design
826 %Grand Avenue, Glenwood Springs, CO 81601
P : 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Attachments:
l0/19/06
g. The cDoT permit appears to have expired. A valid permit will be necessary at the time of Final
plat. A nev, CDOT permit ,,os ,n"niind 5/17/06 aid returned v'ith payment (t/20/06'
g. There is a discrepaniy bet*een the allowance for ADUs in the "Covenants" section 3'5a and the
statements throughout the documents that no ADUs will be constructed ' No ADU',s will be
allou,ecl. The Covenants shall bc updated
10. There is a discrepancy between the allowable number of dogs in the covenants (two) and
Garfield Corni, n guiations (one). The Covenunts v'ill ba updated to allot't' one dog'
Feel free to call if any of the above needs clarification or if you have any questions or coflrments'
Creekside Estates Page 3 of?
Sincerely,
Mountain Cross EngineerinB, Inc'
Chris Hale, PE
C: Deric Walter, Boundaries Unlimited, Inc'
Responses b1':
Deric,I. Walter, PE
MOUNTAIN CROSS ENGINEPRTNq. JNq'
Cinil ard Entironmental Consulting and Design
826 % GrandAvenue, Glenwood Springs' CO 81601
P : 97 0.9 45. 5 5 44 F: 970. 945.55 5 8 www mountaincross-eng'com
MEMORANDUM
TO: DAVID PESNICHAK _ SENIOR PLANNER
FROM:DAVISFARRAR-WESTERNSLOPECONSULTINGLLC
ST]BJECT: CREEK SIDE ESTATES
DATE: tZl5l2006
CC: TOM TMUER, DERIC WALTER
David, I am following up on our conversation today about the status of a public hearing date
before the Board of County Commission"i. o, Creek Side Estates Preliminary Plan' I am
attaching a copy of a letter from Deric wur*t at Boundaries Unlimited responding to the
concerns identified by county Engineer ctttit-rrrr" at Mountain cross Engineering' I believe
these responses address trt" it"-rl"-onditions thattrt" **ty planning staffwanted addressed prior
to setting a hearing date before the County Co**i"io"ttt'. t ut-ulto including a bullet list of
items that were addressed in the staff r"poi-ro, the planning commission meeting' That list
incrudes the responses that we offered the planning commission at the meeting and the current
;;;'"; propor"d item resolution timeframe for each condition/issue.
Please let me know as soon as possible if there is anythinglhat was not addresse{ so that the
item can be remedied and we can get u n"".it g d"t9 Uefote-ttre Commissioners on Preliminary
i;i*. r look forward to hearing from you in the near future'
Status
Staff Condition
Will Complete with Final Platpermit & will acquire
Notice to Proceed
Have current CDOT
for Final Plat.CDOT Issues
Will ComPlete with Final PlatPtxcrwill use CountYDedication at Final
Certificate
ROW dedication at Final
Plat Complete - See Letter from
Boundaries UnlimitedWill complete Prior to BOCC MtgMeet with CountY Engineer
& resolve concerns
Will Complete with Final Plat
Recommendations will be incorporatedIncorpor4te
recommendations of wetland
restoration
Will Complete withFinal PlatWill be included in SIAProvide securitY for
Will ComPlete with Final Platapproval Prior toPlan will be submitted for
Final Plat
Provide soil management
Will ComPlete with Final PIat
Will be included with Final PlatIncorporate
recommendations of IIP
Geotech
Will Complete with Final PlatWill be included with Final PlatIncorporate drainage plan for
Creek Side Estates
Will ComPlete with Final PlatWill be included with Final PlatIncorporate HP Geotech
ISDS recommendations
Resolve County Engineer's
l0/19/06 concerns
Will work to resolve prior to BOCC meeting Complete - See Letter
Boundaries Unlimited
from
Evidence on in-house VS
central Selenium treatrnent
Will discuss wlP&Z & work to resolve prior
to BOCC meeting
Complete - See Letter
Boundaries Unlimited
from
Show easements of record on
frnal plat Will be included with Final Plat Will Complete with Final Plat
Payment of school imPact
fees
Fees will be paid at Final Plat Will Complete with Final Plat
Revise covenants on ADUs Covenants to be revised Plqf to BOCC Mtg will with Final Plat
Revise covenants on number
ofdogs Covenants to be revised prior to BOCC Mtg Will Complete with Final Plat
Plat note regarding fire
hazard mitigation
(Publication 6,3,02
Plat note will be included and covenants will
include additional language on fire hazard
mitigation.
Will Complete with Final Plat
2
FRoN :NountaincrossEng' Inc FRX N0. :9749455558 Jan @3
MOUNT
ENGTNEERING,. INE.
:Crvtt luu EtrvtnoxNrNT,tt CoNsutuHc nno Drnir'r
Jatruary 3,2007
Mr, David Pe.snichak
Gatfreld County Planning
108 8'h Street. Suite 401
Glenwood Springs, CO 8l601
RE: Review of Prellminrry Plan Suhmlttal for Creekside Entates
: Dear David:
A review hus been performccl of the renponrre lettel reoeivcd Novembet 29,.200-6 from Boundaries
Unlimitecl for the preliminary plan Submittal forCreekside Entates. Provided all the modifications
are ircorporated as discussci in their conespondence, all questions, concerns, ol cOmments hilve
bccn addressed sati sfactori ly,
Feel Iicc to calt if any o{'Xhe ubove neecls olarification or if you have any questions oT oolnments'
Sincerely,
Cross ng, Ino,
Chris Hale,
C: M.t. Deric Walter, Boundades Unlimited
S2(11/2 Crand Ayenue . Clehwood Springs, CO 81601
PH: 970.945.5544 .,FAX: 970.945.5558 . wwwmountaincroec-erl com
.!
I 0
REPLY TO
AITEI{TION OF
DEPARTMENT OF THE ARMY
[J.S. ARMY ENGINEER DISTRICT, SACRATTENTO
CORPS OF ENGINEERS
COLORADO/GUNNISON BASIN
REGULATORY OFFICE
400 RooD AVENUE, ROOM 142
GRAND JUNCTION, COLORADO 81 501-2563
February 8, 2OO7
Regiulatory Branch (SPK-2007-158 -GB)
Mr. Mark Si1ls
l-l-1 Creek Side Drive
Rif1e, Colorado 81550
Dear Mr. Sills
We are responding to your December 22, 2007, reguest for a
Department of the Army permit for the Creek Side Estatses roadway
project- This project, involves actiwities, incl-uding discharges
of dredged or fill mat.erial, in waLers of the United states to
construct a new access from Col-orado Highway 325. This
approximately L5.37-acre site i-s located near Rifle Creek within
Section 1-9, Township 5 Sout,h, Range 92 West, 5th PM, Iratitude
39.59836o, Longitude 107 .75724450, Garfiel-d County, Colorado.
Based on the information you provided., the proposed activity
in approximately O-496 acres of wetlands is auLhorLzed by
Nationwide General permit (NWP) number 14. Your work must comply
with the general terms and conditions l-isted on the enclosed NWP
information sheets and the special cond.itions identified below:
1. To
conditions,
photographs
completion.
document pre and post-project construction
you shall- submit pre and post-project construction
of the projecL area within 30 days after project
2. To mitigate the loss of 0.495 acre of watrers of the
United States, you shall construcL 0.496 acre of palustrine
emergent vretlands within the identified on-siLe preserve as
proposed in your submittal documents.
3. You shall construct the compensaLory mitigati-on
prescribed by this plan concurrently with, or in adrlance of, the
start of construetion of the authorized and permi-tted acr,ivity.
-3-
Eaclosures
Copies furnished without enclosures :
Mr. Fred Jarman, Staff Ptranner, Garfield County Building and
Planning Department, l-08 8th streeL, Suite 401, Glenwood
Springs, Coloz'ado 8l-501-
Mr. Deric Walter, Boundaries Unlimited, Inc., 923 Cooper Avenue,
SuiEe 1-02, Glenwood Spri-ngs, Cotrorado 8l-50L
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O2l@el2@@7 04:38:25 Pltl B.1893 . .'1387 Jean nlbe"ico1 of 6 Rec Fee:$@.@@ Doc Feer GARFIELD COUNTY C0
STATE OF COL,ORADO
Tnhn l\rfarfin
)
)ss
)County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 15tr day of January A.D.2OO7,there were present:
T -errv lvfeCnvrn
Commissioner Chairman
Commissioner
Cornmissioner
County Attomey
Clerk of the Board
County Manager
Carnhm llahlor:e-rr
fenn Alhe#cn
Frl Crneen /Ahsenf\
When the following proceedings, ilnlong others were had and done, to-wit:
RESOLUTION NO. 2OO7 -O 9
A RESOLUTION CONCERNED WITH TIM APPROVAL OF A PRELTMINARY PLAI{
FOR A SIx LOT SUBDIVISION KNOWN A.S *CREEK SIDE ESTATES' AND
PROPERTY OWNED BY MARK SILLS, GARTIELD COTINTY
PARCEL NO# 2 I 27 I 93003 5 3
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a
Preliminary Plan application from Mark Sills to subdivide a75.37-acre property into 6 residential
lots and which property is located in a portion of Section 19, Township 5 South Range 92 West of
the Sixth P.M., Garfield County; and
WHF.REAS, the subject properfy is located in the ARRD Zone District; and
WIIEREAS, onNovember 8, 2006 the Garfield County Planning andZontngCommission
forwarded a recommendation of approval with conditions to the Board of County Commissioners for
the Preliminary PIan; and
WIIEREAS, on January L5,2007, the Board of County Commissioners opened a public
hearing upon the question of whether the Preliminary Plan should be granted, granted with
conditions, or denied at which hearing the pubtic and interested persons were given the oppornmity
to express their opinions regarding the issuance of said Preliminary Plan; and
WIIEREAS, the Board of County Commissioners closed the public hearing on January, 15,
1
b
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i-6i-o-nec Fee,$@.@@ Doc Fee: GnRFIELD CoUNTY c0
2007 to make a final decision; and
WHEREAS,theBoardofCountyCommissionersonthebasisofsubstantia]competent
evidence produced at the aforementioned hearing, has made the following determination of facts:
1. That proper publication, pubiic notice, and posting was provided-asrequired by law
for the hearings before the planning ndTningcommission and before the Board of
CountY Commissioners'
2. That the public hearings before the Planning andzonngcommission and the Board
of County Commissioners were extensive and complete; all pertinenl facts, matters
and issues were submitted; and ttrat all interested parties were heard at those
hearings-
3. The application is in compliance with the standards set forth in Section 4:00 of the
curn"ra county subdivision Regulations of 1984, as amended.
4. That the proposed subdivision of land is in compliance with the recomme'ndations set
foilr in tie bomprehensive Plan for the rurincorporated areas of the County'
5. The proposed subdivision of land confonns to the Garfield County Znfug
Resolution of 1978, as amended'
6. The proposed use is in the best interest of the health, safety, morals' convenience'
order, piosperity and welfare of the citizens of Garfield county.
Now,TIIEREFoRE,BEITRESOLVEDbytheBoardofCormtyCommissionersofGarfield
county, colorado, that based on determination of facts set forlh above, the Preliminary Plan
request is approved with the following conditions:
1. That all representations made by the Applicant in the afplcation and as testimony inthe public
hearings before the Plannin g &. Zoni*; Commission and f oard of County Commissioners shall
be conditions of approval, ,ol"r, ,p"Jifi"uUy altered by the Board of County Commissioners'
Access and lnternal Roads
2. According to the colorado Departarent of Transportation (cDoT), there are s,it9 distance issues
with the access ,o *t
" froporoj Cr""k Side Deveiopment. The Applicant shatl obtain aNotice to
Proceed to work within the cDoT right-of-way prior to final plat,
3. Right of way dedication shall be at the time of final pla6ing, using the standard dedication
certificate language as set for by Garfield County'
2
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Fire Protection
4. The Applicant shall update the apptication including coverumts, plats and profile to reflect an 8-
noot aipttU 40' by 40' surface aria, 3:1 slope and overall 50,000 gallon capacity fue protection
pond. In addition, the Applicant shall provide safety mitigation including fenoing, laddering, a2'
hig-h boulder ring, and ramping.
5. The Applicant shall veriff that adequate legal water suppiy is avaiiable for the proposed 50,000
gallon-fue protection pond prior to final plat. tf adequate legal water supply is not available for
tn SO,OOO gatton nre protection pond, the Applicant shall obtain legal water rights prior to final
plat.
Wetlands
6. The Appiicant shall incorporate the recommendations contained in the "Wetland Restoration
PIan" prepared by Beach Environmental, LLC contained in the Appllcation.
7 . The Applicant shall obtain all necessary wetland pennits from the Army Corps of Engineers for
the access road and any other disturbance areas prior to final plat.
Revegetation
8. The Applicant shall provide a security for revegetation in the amount to be determined by the
County-Vegetation M*ug"r (based on disturbed acreage) for all areas to be disturbed in
connection with the finaI plat and the obligations of said security which security shall be
inoorporated into the Subdivision Improvements Agreement. The security shall be held by
Garheld County gntil vegetation has been successfully reestablished according to the
Reclarnation Standards in the Garfield County Vegetation Management Plan.
9. The Applicant shall provide a Soil Management Plan that includes i) provisions for saivaging
on-site iopsoil, 2) aiimetable for eliminating topsoil and/or aggegate piles, and 3) a pian that
provides ibr soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days
L, *or.. The Appticant shail prepare this ptan to be submitted with the final plat docrments so
that the County can review prior to frnal plat approval'
Soils /Issues
10. The Applicant shall incorporate the recommendations contained in the "Preliminary
Geotechnical Study''prepared by HP Geotech contained in the Application into the covenants-
J
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Drainage
11. The covenants and final plat shall be updated to allow storm drainage conveyance along all
property lines.
lndividual Sewage Disposal System
12. The Applicant shall incorporate the recommendations contained in the "Creek Side Estates
lndividual Sewage Disposal System" report prepared by IIP Geotech contained in the
Application.
13. The Applicant shall delineats on the final plat and update the covenants to require a 50-foot
setback from the top of bank for all Individual Sewage Disposai Systems (ISDS) for Lots 2-6.
lrrieation
14. The covenants shall be updated to limit each dwelling unit to 495 sqwre feet of inigated land
each.
Easements
15. The Applicant will need to delineate and legatly describe all easements on the final plat and
convey all easements shown on the plat to the Homeowners Association. This dedication needs
to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of
recording the final plat. These easements shall include, but are not limited to all easements of
record, utilrty easements, drainage easements, shared water system easements (domestic wells
and water storage tank), storm-water drainage easements, and all internal roads (which will be
dedicated to the public on the face of the final plat) required as apart of this development.
Impact Fees
16. The applicants shall make a cash payment in-lieu of school land dedication of $200 per lot at the
time of final plat.
Covenants
17.update the Protective covenants to prohibit Accessory Dwelling units.
18. Update the Protective Covenants to restrict the number of dogs per dwelling unit to one (l) as is
required by Garfield Corurty Regulations.
4
. ril i{,rl lrlirll,4lllr,l{Jl lhJ r{r:HtriHfl,lff[tr.l ] lllReeeptionf:7f6954
@21@Bl2O@7 04:38:25 PtI B:1893 r:r0391 Jean Alberico5 of 6 Rec Fee:$@.@@ Doc Fae: GARFIELD COUNTY C0
Plat Notes
19. A plat note shall be placed on the final plat stating: "To mitigate fre hazards, each lot owner
shall incorporate and maintain a defensible wildfire zone as set forth in the "Coiorado State
Forest Service Publication 6.302"
ZO. Aplat note shall be placed on the final plat stating: "Each dwelting unit is limited to 485 square
feet of irrigated land each."
21. Aplat note shall be placed on the final plat stating: 'T.[o accessory dwelling units are permitted
within the Creek Side Estates subdivision."
22. A,platrcteshall beplaced onthe frnalplat stating: "AIl lndividual SewageDisposal Systemsfor
Lots 2-6 shall be setback fifty (50) feet from the top of the bank of Rifle Creek."
day of fr,bna*t , A.D 2007
GARFIELD BOARD OF
GARFIELD COLINTT,
Upon motion duly made and seconded the
following vote:
was adopted by the
STONtrR CT{AM r)LTN F IVf AR
nCtlvflvftS T APP\/ T \IN\T
r.r)Lf]\rrs TPtrqT TfrlTTPT
STATE OF COLORADO
County of Garfield
I, , County Clerk and ex-ofiicio Clerk of the Board of
County C"rr-i*i"*W Staie aforesaid, do hereby certifu that the annexed
anC foregolng Resolution is tuly copi^.d from the P.ocords of the ProceeCing of+.he Board of Ccunty
Commissioners for said Garfield County, now in my office.
Aye
Aye
Aye
)
)ss
)
5
l{t-tt_t+ I [flh [.H{ llt d, lI, i li q? HJtHtr, tr+ fi r,l ] I I IReceptionf: 716E54
3= l?" l'ggZ Pt" ?3a 13,
of
"3 133. BoBp i..d "86,fi ]?.56 ""
at Gienwood Springs, this _ day of
county clerk and ex-officio clerk of the Board of county commissioners
IN WITNESS WHEREOF, I have hereunto set my hand and affixedthe seal of said County,
A.D.20-.
6
Page 1 of 1
David Pesnichak
From: Steve Anthony
Sent: Tuesday, May 01 ,2007 10:07 AM
To: David Pesnichak
Attachments: MemoOreeksideM isclssues.doc
Davib
The revised Creek Side is SUP is acceptable, attached is the 3/12107 memo on the reveg security
Steve Anthony
Garfield County Vegetation l\Ianagement Director
POB 426
Rifle CO 81650
Office: 970-625-8601
Fax:970-625-8627
Email: santhony @ garf ield-county.com
5tI/2007
To:
Re:
From:
Date:
David Pesnichak
Steve Anthony
Creekside Revegetation and Silt Fencing
March l2,2OO7
Staff recommends a revegetation security of $4250 based upon the applicant's estimate of
1 .7 acres of disturbance. ( I .7 acres X $2500iper acre reveg cost estimate.)
The plans for silt fencing to help minimize impacts to Rifle Creek are acceptable to this
department and I have forwarded them on to you.
STATEOFCOLORADO
OFFICE OF THE STATE ENGINEER
Divrsion of Water Resources
Department of Natural Resources
13'13 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
D a\ffd'FrydiilE'ri5 lt * "
Garfield County Building and Planning
108 8th St Ste 401
Glenwood Springs CO 81601
April 18,2007
RE: Creek Side Estates Preliminary Plan
NW%SW%, Sec. 19, T5S, R92W,6th PM
V/ater Division 5, ri/ater District 39
Dear Mr. Pesnichak:
We have reviewed the additional information regarding the above-referenced proposalto subdivide a
15.37-acre parcel into 6 lots, each of which is to contain one single-family dwelling. Water is to be provided for in-
house domestic uses and the irrigation of 485 square feet of lawn and garden for each lot. The applicant
proposes to provide the water supply through an existing well (permit no. 266691) to be augmented per Case No.
O4CW99. The lots will be served by individual septic systems. The submittal also states that Robinson Ditch
irrigation water rights may be used on the lots.
Case No. 04CW99, decreed on October 14,2006, modified the augmentation plan decreed in Case No.
81CW56, and provides water for domestic use inside six single-family dwellings, livestock watering of up to six
animals, the irrigation of up to 485 sq. ft. per lot, fire protection and pond evaporation for the Sills Pond No. 1.
The current permit for the well does not allow for operation pursuant to the plan for augmentation. Permit No.
266691 was issued for the Sills Well No. 1 as a monitoring well. Thus, a new permit is required prior to such use.
A well permit application (receipt no. 9502625) was submitted to the Division 5 office on August 25, 2006, and
was returned to the applicant for additional information on April 1 1,2007.
The December 7,2005 report by J & M Pump, lnc. indicates that the Sills Well No. 1 produced an
average of 15 gallons per minute over a 4-hour period, that the drawdown was 0.67 feet and that the lOOo/o
recovery occurred within 3 minutes. With sufficient storage capacity this well should provlde an adequate
supply for the proposed use.,
Note that the use of the irrigation water rights must not result in an expansion of use, and a change of
water rights application may be necessary to allow irrigation of lands that were not historically irrigated.
Based on the above, the State Engineer finds pursuant to Section 30-28-136(1)(hxl), C.R.S., that the
proposed water supply is physically adequate, however material injury will occur to decreed water rights unless
the applicant obtains and maintains a valid well permit pursuant to the water court-approved plan for
augmentation. lf you or the applicant has any questions concerning this matter, please contact me for
assistance.
Srncerely,
.,,.',1 ,i-fiVED
APR 2 0 2007
Cynthia J
Water Resources Engineer .'*NTy
, : ;ri.llf{lNGCJL: Creek Side Estates iv doc
cc. Alan Martellaro, Division Engineer
James Lemon, Water Commissioner, Dtstrtct 39
Bill Ritt€r, Jr.
Govemor
Harris D. Sherman
Executive Oirector
Hal D. Simpson, P E.
State Engineer
DISTRICT COURT, WATER DIVISION 5
Garfield Co unty Courthouse
109 8tl'Street, Suite 104,
Gienwood Springs, CO 81601
(970) e4s-s07s
A COURT USE ONLY A
CoNceRNrNc rue Appr-rcATroN ron WnreR RlcHrs or':
MenxSrur,s
In Garfield County, Colorado
A t t o r neys fo r App I ic ant :
Robert M. Noone, #12452
Christina R. Sloan, # 36041
THE NOONE LAW FIRM
l00l Grand Ave., Suite 207
P.O. Drawer 39
Glenwood Springs, CO 81602
Te I epho ne : (97 0) 945-4500
Facsimile (970) 94s-ss70
CnsENo.04CW99
WnreR Drv. 5
FINDINGS Otr'FACT, CONCLUSIONS OF LAW, RULING OF REF,EREE,
JUDGMENT AND DECREE
This claim has come before the Water Referee on the Application for Conditional
Underground Water Rights, Conditional Storage Rights, and for Approval of Change in the Plan
for Augmentation of Mark Sills.
The Water Judge referred the Application to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes 1973, known as the Water Rights Determination and Administration Act of
t969.
The undersigned Referee ha$ made such investigations as are necessary to determine
whether or not the statements in the Application are true, has become fully advised with respect
to the subject matter of the Application and its attachments, and has consulted with the Division
Engineer for Water Division No. 5. The Referee hereby makes the following determination and
ruling as the Referee in this matter.
I. FINDINGS OF FACT
The Applicant filed his Application on June 30, 20X4 and amended ieon July 26,i
2005.
2. The statements in the Application, as amended herein, are true.
3- Name, address and telephone number of Applicant
Mark Sills
111 Creek Side Dr.
Rifle, CO 81650
(970) 98e-0000
c/o Robert M. Noone
Christina R. Sloan
THE NOONE LAW FIRM, P.C
P.O. Drawer 39
Glenwood Springs, CO 81602
(970) 94s-4soo
Doby Enterprises, LLC filed a Statement of Opposition with the Court on August
15, 2005. The Parties have reached a Stipulation and Agreement, which was filed
with the Court on April 28,2006. No other Statements of Opposition were filed,
and the time for filing such Statements has passed.
II. APPROVAL OF'CLAIM FOR CONDITIONAL UNDERGROUND WATER RIGHTS
5. Name of Structure: Sills WellNo. I
4
a.
b. Source: Rifle Creek, tributary to Colorado River.
c. Depth: 150 feet.
d. Date of Aporopriation: July 26,2005.
e. How Appropriation was initiated: By fieid investigation and formation of
intent to appropriate water.
fl Date Water Applied to Beneficial Use: N/a.
g. Amount Claimed: 15 gpm, conditional.
h. Use: Domestic use inside six (6) single family dwellings, livestock watering
*rrrolr r* REFEREE
CASE NO. O4CW99
MLRK SILIS
PAGE2 of l0
Lesal Description of Location of Pam: The weil is located in the NWI/4
SWt/4, Sec. 19, T.5 S., R.92 W., 6ft P.M.; 1890 ft. from the S. line and 4263
ft. from the E. line of Sec. 19.
of up to six animals, imigation of up to 00.067 acres of lawn and gardens (485
sq. feet per dwelling unit), flrre protection and pond evaporation.
i. Name(s) and address(es) of owner(s) of the land upon which any structure is
or will be located. upon which water is or will be stored. or upon which water
is or will be placed to beneficiql-use: Applicant.
III. APPROVAL OF CLAIM FOR CONDITIONAL STORAGE WATER RIGHTS
Name of Structure: Sills Pond No. I
A. Leeal Description: The center of Sills Pond No. I will be located in Section 19,
T"*rshtp 5 S"rth, Range 92 West of the 6'r' P'M., at a point 840 feet from the
West Section line and 2170 feet from the South Section of said Section 19.
B. Source: Sills Well No. 1, runotf, and return flows, all of which are tributary to
Rifle Creek, tributary to Colorado River.
C. Appropriation Information:
1) Date of Appropriation: July 1,2002
2) How Appropriation was Initiated: By field investigation and formation of
intent to appropriate water for beneficial uses,
3) Date Water Applied to Beneficial Use: N/A
D. Amount Claimed: 0.16 AF, conditional (50,000 gal')
E. Use: Fish cultue, livestock watering, firc protection, lawn ancl garclen inigation,
and augmentation purposes described herein and the right to Frll and refill said
pond whenever wate; is available in priority or at such times as any out-of-
priority depletions are offset by implementation of the augmentation plan.
1) If Irrieation. Complete the Followine:
a. Total number of acres Proposed to be Irrigated: 00.067 acres of
lawn and gardens
F. The surface area of high water line: 0.06 acres
1) Maximum height of dam: 9.9 feet
*ruroir rru REFEREE
CASE NO. O4CW99
MtnrSruu
PAGE j of l0
2) Length of dam in feet: 100
G. Tot4l Capacitv of Reservoir in A.F.: 00.06 a.f.
1) Active Capacity: 00.06 a.f.
2) Dead Storage: 0,0 a.f.
H.
d
Applicant.
6
7
IV. APPROVAL OF CHANGE IN PLAN F'OR AUGMENTATION
Name of Structures to be Ausmented: sills well No. I and sills pond No. 1
Description of Water Rights to be Used for Augmentation: Diversions through
the Sills Well No. 1 will be augmented by utilizing Applicant's ownership inierest
in 6/30ths of the historic consumptive use credits confirmed by the Court in Case
No. 81cw56 based on the May i l, l 889 decree in civil Action No. 103,
awarding to the Rifle creek canyon Ditch, structure No. 5, 4.0 c.f.s., absolute,
with an appropriation date of March 10, 1883.
$tatement of Plan for Auementation: Out of priority depletions associated witS
the claimed uses will be augmented with Applicant's coisumptive use credits
referenced above, and the new Sills Well No. I will provide water for the uses
claimed herein and will be operated as a separate water supply system
independent of the Kay's Korner well Nos. I and2 supply system decreed in
case No. 81cw56. Pursuanr to c.R.s. S 37-90-137, appiicint applied for a
residential well permit in June 2005.
The dry-up ofhisto.ically inigated lands that provides Applicant,s
consumptive use credits has been completed. see Exhibitl, Dry-up Map.
Applicant's land is comprised of Lots I through 5 and common Arei, Block 2,
Rifle creek Ranch subdivision. This parcel was originally owned by Ann c.
Robinson at the time of the 8l cw56 decree, tater bought ty patricia and J.c.
owens, and then later sold to the Applicant. As of 2000, J.b. owens had dricd up
2.83 acres of common area and approximately .75 a.cres of road known as the
Creek Side Drive, which represents the approximately 3.58 acres for which the
Applicant is responsible under the 8lCW56 decree.
8
oruroJrru, REFEREE
CASE No. O4CW99
IUIARK SILLS
PACE 4 of l0
A.Water Demands and Depletions: Applicant's 6/30ths of the consumptive
use credits equals 0.786 AF per year. The annual consumptive use
attributable to Applicant's new uses equal 0.7353 AF and occur as listed
in the following Table l:
Table l. Consum Creekside Estates.
Domestic C. U. based on 350 gallohs'per unit/day assuming occupancy of 3.5 persons using 100 gal.lday,
with l5% C.U. with septic tanks and leach fields
Livestock C.U. based on 15 gallons per dayltread with 100% C,U.
Evaporation losses based on those shown in Paragraph I above
Lawn & Garden C.U. based on 1.99 AF/A rather than 1.68 AF/A in original 81 CW56 Decree
B' Laqscd Depletions. A Glover well depletion analysis - based on a distance
between the well and Rifle Creek of 150 feet, a no-flow boundary located
a distance of 670 feet from Rifle Creek, and an estimated aquifer
transmissivity of 10,000 gpdlft - shows that pumping of the Sills Will No.
I is distributed monthly based on the proportions shown in the following
Table2:
t
**
*r* *
,****
Table 2: Glover Well
9. Remarks: Applicant executed covenants, as required by Section 88 of the
RuLtNGJrrw neeeaet
CASENO. 04CW99
ALIRK SILIs
PACE 5 of l0
AII numbers
in Acre Feet
(AF)IWonth
C.U.
Credits
from
Original
Dry Up
C.U.
Credits
from
6BOth
Interest
* C.U. for
6
domcstic
** c.u.
for 6 head
of
Iivestock
**r. C,U.
for evap.
Losscs
0.06
surface
acre
,r*** c.u.
for
Irrigation
0.067 Ac
Total
C. U.
January .0244 0.007 0.007
Februarry 0244 0.007 0.008
March 0244 0.007 0.0 r2
April 0.14 0.028 .0244 0.007 0.020 0.0047
Mav 0.75 0.t50 0244 0.007 0.027 0.0255
June 0.9s 0.t90 0244 0.007 0.033 4.0322
July 0.89 0.r78 .0744 0.007 0.034 0.0302
August 0.5'l 0.1 14 .0244 0.007 0.030 0.0194
September 0.49 0.098 .0244 0.007 0.023 0.0168
October 0.14 0.028 0244 0.007 0.0r6 0.0047
November .0244 0.007 0.009
December .0244 0.007 0.007
0.786 0.2928 0.084 0.22s 0. r 33s 0.7353
Month 1 7 3 4 5 6 7 TOTAL
ot/oo//o 8s.65 9.66 3.16 1.03 0.34 0.1 i 0.05 100.00-
8lCW56 decree that limits water use to domestic use, stockwatering ol one head
of livestock per lot, and irrigation of no more than 1,000 square feet per lot. Sce
Exhibil B, Creekside Estates Coventnts.
Narnes and addresses of owners or reputed ovrmers of the land upon which anJz
new diversion or storage structure. or modification to anv existing diversion or
storase structure is or will be constructed or upon which water is or will be stored.
includinq any modification to the exi'sting storage pool: Applicant.
10.
V. CONCLUSIONS OF LAW
I I. The lbregoing Findings of Fact are fully incorporated hercin.
12.
t3
t4.
15
16.
l7
Timely and adequate notice of the Application was properly given as requlred by
law, and the Court has jurisdiction over the subject matter of this proceeding and
over all persons and water rights affected thereby, wirether they have appeared or
not. ,See C.R.S. i37-92-302.
The Application is complete, covering all applicable matters required pursuant to
the Water Rights Determination and Administration Act of 1969, C.R.S. $$ 37-
92-302-602 and the Applicants have fulfilled all legal requirements for issuance
of the requested decree for conditional water rights and plan for augmentation,
including the requirements of C.R.S. $$ 37-92-103(9),37-92-302(1) and (2), and
37-92-30s(8).
The Applicant has established that water can and will be diverted under the
subject conditional water rights and will be beneficially used, and that this water
supply project can and will be completed with diligence and within a reasonable
time.
The water rights described and decreed herein will not result in any injury to the
owner of or persons entitled to use water under a vested water right or a decreed
conditional water right, if operated in accordance with this Judgment and Decree.
The Court has given due consideration to the Report of the Division
Engineer/Summary of Consultation, prepared on February 2,2006, filed herein.
VI. RTILING OF THE REFEREE
The Referee, having examined the inlbrmation submitted by the Applicant and
having completed the investigations necessary to make a determination in this
matter, does hereby grant:
'' n utwoir-rne nermet
C/1SE No. 04crl/99
MtaxStu
PAGE 6 of l0
18.
A. The application for groundwater rights clcscrihed herein.
B. The application for storage rights described herein; and
C. The change in the plan for augmentation described herein.
The Applicant shall install measuring devices, provide accounting, and supply
calculations regarding the timing of depletions as requircd by the Division
Engineer for the operation of this plan. The Applicant shall designate a
representative responsible for filing an annual report with the Division Engineer
by November 15tn of each year summarizing cliversions and replacements-made
under this plan.
Pursuant to C.R.S. $37-92-305(8), the State Engineer shall curtail all out-of-
priority diversions, the depletions from which are not so replaced as to prevent
iqiury to vested water rights.
The Applicant shall divcrt water for the proposed uses identified in his
Application only through the Sills Well No. t. Welt permits issued pursuanr to
C.R.S. g 37'90-137(2) and this plan for augmentation must be obtained prior to
the construction and/or operation of the subject weils pursuant to this plan.
In consideration of the specific findings and conclusions made herein, and in
conformance with C.R.S. g 37-92-304(6) (t 990), as amended, the plan for
augmentation decreed herein shall be subject to reconsideration bythe Water
Judge on the question of injury to the vesied water rights of otheri for a period of
five (5) years afier the plan for augmentation becomes fully operational. If no
petition for reconsideration is filed within said five (5) years, retention of
jurisdiction for this purpose shall automaticatly expire. Any party who desires the
Court to reconsider the question of injury must file a verified petition with the
court, setting forth the facts that cause such injury and explaining the claimed
injury. The party filing the petition shall have the burden ofprooito establish the
facts and the injury alleged in the petition.
Should the Applicant desire to maintain the conditional water rights awarded
herein, an Application for Finding of Reasonable Diligence shall be filed in the
month and year set forth betow, unless a determination has been made prior to
that date that such conditional rights have been made absolute by reason of the
completion of the appropriation or otherwise.
RULING oFTHE REFEREE
CASE NO. 04cW99
Mtax9tu
PAGET of l0
20
19
21.
22.
23 Pursuant to Rule 9 of the Uniform Local Rules for All State water court
Divisions, upon the sale or other transfer of the conditional rights decreed herein,
the transferee shall file with the Division 5 Water Court a notice of transfer which
shall state:
A.
B.
C.
D.
E.
The title and case number of this Case No. 04CW99;
The description of the conditional water right transferred;
The name of the transferor;
The name and mailing address of the transferee; and
A copy ofthe recorded deed.
24 The owner of the conditional water right shall also notiff the Cierk of the
Division 5 Water Court of any change in mailing address. The Clerk shall place
any notice of transfer or change of address in the case file of this Case No.
04CW99 and in the case file (if any) in which the Court first made a finding of
reasonable diligence.
25.It is accordingly ordered that this Findings of Fact and Ruling of Referee,
Judgment and Decree shall be filed with the water clerk and shal[ become
effectivb upon such filing, subject to judicial review pursuant to C.R.S. S 37-92-
304, as amended.
26.It is further ordered that a copy of the Findings of Fact and Ruling of Referee,
Judgment and Decree shall be filed with the State Engineer and the Division
Engineer for Water Division No, 5.
Done at the City of Glenwood Springs, Colorado, this day of
2006
BY THE REFEREE:
Hon. Lain Leoniak, Water Referee
Water,Court for Water Division No. 5
Ruttt'tc oFTHE REFEREE
CA'E No. O4CW99
MARK SILLS
PAGE 8 of t0
VII. .ruDGMENT AND DECRBE
No Protest was filed in this matter. The foregoing Ruling of the Ref'eree is confirmed and
approved, and is made the Judgment and Decree of this Court; subject, however, to
reconsideration on the issue of injury to vested water rights for a period of five (5) years after the
plan for augmentation becomes fully operational.
DONE, this day of 2006, in Glenwood Springs, Colorado.
BY THE COURT:
District Judge Craven
RULINj oFTIIE REFEREE
CASENO. O4CW99
MARK SILLS
PAGE 9 of l0
ON UPDRy/.
F
LoT 0
tion
?ond
LOT 3
)
I
I
l.
lt IL
DRY-UP AREAS
Totol EEquire8'- J.5B Ac.
R.O.W & Eosement: 0.g5 Ac. (O.ZS ec. Reqr.rired)
9?TT:" Dry Up Areo: 2.e3 Ac. (2.83 Ac. n.frii"ol(Hotching designotes Common Dry Up Areo)
EXHIBIT A
clsnwood Sprlngs, Co g160l
l6!c, 97 O,9 45.6252 tag sm BB4,Agg?
9Zt CooperAvenuq
1".150'
2/L4/06
dryupmapt
Garflelr ty,
Cre ek de5lt Estates
PAGE l0 of I0
,''..4,r1++%
i
I
I
1.,..i.. ..'-i j-- . " -4"".\
. ,,i 'i ll4 , 8..)nd
JUN 0 I 200iJune 6, 2007
Doby Enterprises,LLC
Carol Gentry
P.O. Box 312
Rifle, CO. 81650
.j'i'
,,''ltj
Garfi eld County Commissioners
Garfield County Planning Department
l08 8th. Suite 4ol
Glenwood Springs, CO. 81601
Regarding: Creek Side Estates Subdivision
Dear Sirs,
Regarding the Preliminary Plan review for the Creek Side Estates Subdivision of
Mark Sills, I have concerns with his domestic water. Sills well # 1 was drilled this last
year, and is only 120 feet from our well, not the normal 600 feet, and possibly closer to
the aquifer. I am concerned that our well could be dried up do to the fact he is furnishing
water to six homes.
Sincerely,
Doby LLC
Trm NccNE Lnw Frnv
ATroRr.tevs
Roaenr M. NooNE
rmnl2noonelarv.com
CHRISTINA R. SIOEN
crs@-noonclarv.c<>m
A PnorrssIoNAL CoRpoRalox
I OO1 GRANDAVENUE, SUTE 2O7
P.O. Box 39
GLENWOOD SPRINGS, CO 81 602
TELEPHoNE: (97o) 94g5OO
FAcsrMrLE: (97 O) 9 4*557 o
ToLL FREE: (Aoo) 81 3-1 559
PARALEGAL
DARCIE L. BECKMAN
dll:@noonclnrv.com
June 13,2007
Mark Sills
1 11 Creek Side Drive
Rifle, CO 81650
Water Supplyfor Creek Side Estates Subdivision
Water Rights Case 04Cll99
Dear Mark:
You have forwarded to me a copy of the recent report entitled i'Project Information
and Staff Comments" regarding the Revised Preliminary Plan for the Creek Side Estates
Subdivision ("Report") and have asked that I comment, as the water attorney for the Creek Side
Estates Subdivision, on the Staff opinions found at pages 14, 17 and 197 of the Report regarding
the storage of water in a separate storage tank for fire protection purposes, or in the Sills Pond
No. I for aesthetic purposes.
It is my opinion, based both upon my review of the Decree entered by the Water
Court in Case No. 04CV/99 (attached), and upon discussions had with personnel at the Division
5 Engineer's Office responsible for administering the Decree, that the storage of water for fire
protection purposes in a non-evaporative, enclosed 30,000 gallon \uater tank is permiued by the
Decree withqut further amendment of the Decree specifying the location of the new tank. The
Decree exprdssly authorizes the use of the Sills Well No. I for fire protection purposes and the
location of the new storage tank is not material As required by the Decree, at Section Vl,
paragraph 18, deliveries of water from the Sills Well No. 1 to the fue protection storage tank will
be separately metered and reported annually to the Division Engineer.
With respect to StafPs observation that "aesthetics" is not a decreed use for either the
Sills Well No. I or the Sills Pond No. l, I agree. I recommend that the Pond be used for the
purposes decreed in Case No 04CW99.
From the foregoing, it is my opinion that the proposed storage of water diverted from the
Sills Well No. I for storage in a new, non-evaporative storage tank is permitted by the Decree
entered in Case No. 04CW99 without further amendment. It is also my opinion that the Decree
Re:
entered in Case No. 04CW99 pennits the Sills Pond No. 1 to be constructed and the water stored
there to be placed to the decreed beneficial uses, which do not inciude aesthetic purposes'
Piease do not hesitate to contact me should you have any questions or should you wish to
discuss this matter further.
Very truly yours,
THE NOONE LAW FIRM
Robert M. Noone
RMN/db
Enciosures
cc: Kyle Whitaker, Division 5 Engineer's Offrce
Davis Farrar, Western Slope Consulting, LLC
lEAgn,lLC.
Fehnog' 9,2006
Page 2 of 2
By
r
((
DISTRTCT COURT, WATER DIVISION 5
Garfi eld County Courlhouse
109 ttn Skeet, Suite 104,
Gle,nwood Springs, CO 81601
p7q94s-so7s
CottcpRunvc rHE AppLIcATtoN FoR WATERRIGHTs oF:
Manr Su"m
In Garfield County, Colorado
A COURTUSEONLY A
At nrn eys for Ap p licant :
RobertM. Noone, #72452
ChristinaR. Sloan, # 36041
TTIE NOONE LAW FIRM
1001 Grand Ave., Suite 207
P.O. Drawer3g
Glenwood Spriugs, CO 81602
Te lep h one : (970) 9 45 -4500
Facsimile:945-5570
CASSNO.04c'vu99
WerpnDru.5
FIIIDINGS OFEACT, CONCLUSTONS OF r.AW, RULING Of,.REtrEREE,
JI]DGMENT AT'ID DECREE
This claim has come before the 'Water Referee on the Application for Conditioaal
Underground Water Rights, Conditional Storage Rights, and for Approval of Chauge in the Plau
forAugmentation of Mark Sills,
The Water Judge referred the Application to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado
Revised Stahrtes 1973, known as the Water Rights Detennination and Administation Act of
1e6?.
The uudersigned Referee has made such investigations as are necessary to determine
whether or aot the statements in the Application are true, has become fully advised with reqpect
to fhe subject mafter of the Application aad its attachments, and has consulted with the Division
Engineer for Water Division No. 5. The Referee hereby makes the following deterrrination and
ruling as the Referee in this matter.
1
I. FINDINGS OFFACT
The Applicant filed his Application on June 30,2OO4 and amended it on July 26,
2005.
2. The stratements in the Application, as as.ended herein, are tnre.
(
3. Namq address and telephone number of Applicant:
Mark Sills
11I Creek Side Dr.
Rifle, CO 8i650
(970) 989-0000
c/o Robert M. Noone
Christina R. Sloan
THE NOONE LAW FIRM, P'C.
P.O. Drawer39
Glenwood Springs, CO 81602
(970) 9454s00
4. Doby Enterprises, LLC filed a statement of oppositiol with the court on August
15, 2005. Th" Parti", have reached a stiputation and Agreement, wlich was fiIed
with the court on April 28, 2006. No othcr Statements of opposition were filed,
and the time for filing such Statemcnts has passed'
II. AI}PROVAL OF CLAIM FOR CONDITIONAL UI(IDERGROUND WATER RIGETS
Narne of Struoture: Sills Well No. 1
a. Legal Doscription of Location of Pagr: The well is located in the NWl/4
swl/4, sec. 19, r.is-Egz w., oE prtt.; 1890 ft' from the s' line md 4263
ft. from the E. liue of Sec. 19.
b. Sourcs Rifle Creek, tributary to Colorado River.
o. Depth: 150 feet.
d. Date of Aooropriation: l:uly 26,2045.
e. How AopropEigrtion was initiated: By field investigation aod formation of
intent to appropriate water.
f. Date Water Applied to Beneficial Use: N/a.
g. Amount Claimed: 15 gpnq conditional.
h. use: Domestic use inside six (6) single family dwellings, livestock watering
R%TNG OFTHEIIEFEREE
CASENO. O4CW99
MNRKSTLLS
PAGE2 of t0
5
r
t
L,
of up t: six aniEals, irrigation of up to 00.067 acres of lawn and gardens (4g5sq. feet per dwefling uniQ, fire pmtiction and pond evaporation.
i,
III. APPROVAL O}'CLAIM T'OR COIIDITIONAL STORAGE WAIER RIGETS
NameofStructure: SillspondNo. t
A' Legal Description: The oenter of sills Pond No. I wiII be located in section 19,Township s s-9u& Rauge 92 west or ta" i'E p:M.;r;oint 840 feet fro* thewest section line aad z{70 feetfrom the south section ofsaid section 19.
B' souroe: silrs ltreil No. 1, nrnofi and reh*n flows, ar of which are tibutary toRifle Cred hibutry to Colorado River.
C. Aopropriation Information:
i) Date ofAppropriation: Iuly 1,2002
2) Ilow Appropriation was Initiated.: By field iavestigation and formation ofiutent to uppropriut" _ato for bcneficial uses.
3) Date WaterApplied to Bene : N/A
D. Amount Claimed.; 0.16 AF, conditional (50,000 gal.)
E' Use: Fish "*T? Iivestock y"turg,- fire protection, Iawn and garden irrigation,and augmentation purposes describJd nuJir;Jil;;htio tU and refilt saidpond whenever water is available ia priority o, ui
"uZu-ti.es as atry out_o!priority depletions are offset uy impt"mentation of &e augmentationpran.
1)
a' ToLaI n,mber of aores proposed to be lrrigated: 00.067 acres ofIawn and gardens
F. The surf.ace area ofhigh water line: 0-06 acres
I) Maxin:um heieht of dam: 9.9 feet
r
RULN? 1FTHEREFEREE
CeseNo.04cly99
MnWsELs
pAGE3 of r0
2) Lengthofdaminfeet: I00
G. Total Capacitv of Reservoir in A.F.: 00.06 a.f.
Active Capacity: 00.06 a.f.
Dead Stomee: 0.0 a.f.
N.ame and address of the owner or reputed owner of land upon which _atry ne.ig
diversioB or storaqe sbucture or modification to any existing diversion o.r storage
struchrre is or will be gonstucted or uoon which water is or will be stored-
inoludine modification to the existing storage pool: Applicanl
tV. APPROVAL OF CHANGE IN PLAN TOR AUGMENTATION
Name of Structures to be Auernentgl: Sills Well No. I and Sills Pond No. I
Descriotion of water Riehts to be used for Auementation: Diversions through
the Sills Well No. I will be augnentedbyutilizing Appiicant's ownership interest
in 6/30ths of the historic consumptive use credits confinned by the Court in Case
No. 81CW56 based on the May 11, 1889 decree in Civil Action No. 103,
awarding to the Rifle Creek Canyon Ditch, Stnrcture No. 5, 4.0 c.f.s., absolute,
with an appropriation date of March 10, 1883.
State'lnent of Plan for Auementation: Out of priority depletions assooiated with
the claimed uses will be augrnented with Applicant's consumptive use credits
referenced above, aud the aew sills well No. I wili provide water for the uses
claimed herein and will be operated as a separate water supply system
independent of the Kay's Korner Well Nos. L and} supply system decreed in
case No. 81c1v56. purs,rqnf fe c.RS. $ 32-90-137, Applicant applied for a
residential well permit inJune 2005.
The dry-up of historically irrigated lands thatprovides Applicant's
consumptive use credits has been completed. See Exhibit A, Dry-Up Map.
Applicant's Iard is comprised of LoE I througbS and Comnon fuea, Block2,
Rifle Creek Ranch Subdivisiou. This parcel was originally owned by Ann C.
Robinson at the time of the 81cw56 decree, laterbought by Patricia and J.c.
Owens, and then latbr sold to the Applioanr. As of 2000, J.C. Owens had dried up
2.83 acres of comnron area ard approximately .75 acres of road lcnown as the
creek side Drive, which represents the approximately 3.58 acres for which the
Applicant is responsible under the 81ClV56 decree.
r)
2)
H,
6.
7.
8.
f
RULNG aFTHE REFEREE
ceseNo.04cw99
MARKSIUS
P,4GE4 of l0
(
A.
Table 2:Well
9
Estates.
Domestic C. U. based on 350 gallous per un itlday assuming occupancy 0f3.5 persons usiug 100 galJday,with 15% C.U. with septic tanks aad lcach fieldsLivestock C.U.based on 15 gallons per daylheadwirb lOplo C.UEvaporationIosses based on those shown ia Paragraph I abovcLawn&Garden C.U. based on l.gg AF1Arather than 1.68 AFiA in originat 81CW55 Decree
B.
'Itr/aterD-.emands and Depretions: Appricanf s 6/30fhs ofthe consumptiveuse.gredits equals 0.786 AF pcr yea;.- The annuar con$rinptive us"-' =
athibutable t9 Aqlrlicant's niw us", egual 0.7353 AF aud occur as ristedrn rhe touowiDg Table l:
leFeqd Q:ptetions. A Grover wen depletiou anarysis - based on a distancebetween the well and Rifle creet_or fio r".t,
" "6-aow
bouudary ro.at.aa distance of 670 feet fmm Rifle Creek, andil estimat"a aquif; --'
fns-Tiss_ivity of 10,000 Wdtft - shows rhatpumping of the SiUs Witt No.1 is distributed monthry bas.a o" a" profotoni shown in the forlowingTtule2:
1
***
**rl.*
f
Remarks: Applicant executed covena!,ts, as required by section gB ofthe
RALNG oFn{ERTf,EREE
CASEN1- 04Ct{99
MARKSLLS
PAGEs of 10
A[numbers
in Acre f,'eet
(AF/IHonth
Credifs
from
Origiual
DryUp
c.u,
Credits
from
6/30rh
Interest
* C.U. for
6
domestic
** c.u.
for 6 head
of
livestock
*** C.U.
for evap.
Losses
0.06
surface
SCre
**** c,u.
for
Irrigation
0.067 Ar
Totsl
C. U.
_Alrit 0.028
.0244
.0244
0.008
7
0.150om-0.007
0.007
v.vLv
0.0n
0.033
0.025s
0.0322.0244
0.178 .024'4 0.007 0.034
194
0.007 0.023 0.0158Octobera.t4 0.028
l.ozu
I .0244
.0244 IlDecembii-
-
.0u4 t.007 0-007
0.786 0.2928 o-084 0.225 0.133s 0.73s3
%
Month I 2 3 4 3 6 7 TOTAL
o//o85.65 9.66 3.16 1.03 0.34 0.1i 0.05 100.00
februirv-u.vu/
0.007
0.007
0.007
0,7s
0.9s
0.89
0.57
0-098
I
f
81CW56 decree that limits water use to domestio use, stoclc\ilatering of one head
of livestockper lot, and irrigatioo of no more thaa 1,000 square feetper [ot. See
Exlfibit B, Creekside Eslstes Covmants.
10 Names and addresses of owners orreputed owners of the lapd uponwhich anv
new diversiop or storage stucture. ormodificationto any existing diversion or
storage sfucture is or will be constnrcted orupon whioh water is or will be stored
includine any modification to the existips storaqe pool: Applicant.
v. coNglusroNs oFLAw
1 l. The foregoing Findings of Fact aro fuIiy incorporated herein.
t2.Timcly and adequate notice of the Application was properly given as required by
law, and the Court has jurisdiction over the subjeot matter of this proceeding and
over all persons aud water rights affected thereby, whether they have appeared or
noL See C.R.S. 537-92-302.
13. The Application is gomFlete, covering all applicable mattem required pursuant to
. the Water Rights Determinatiotr aod Adnhishation Aot of 1969, C.RS. $$ 37-
92-302-602 and the Applicants have fulfilled all legal requirements for issuance
of the requested deoree for sonditional water rights aDd plan for augmentation,
includiug the requirements of C.R.S. $g 37-92-103(9),37-92-302(1) and (2), and
37-92-30s(8).
14.The Applicant has established that water can and will be diverted under the
subject conditional watcr rights and wili be beneficialiy used, and that this water
supply project can and will be completed with diligence aad within a reasonable
tirne.
15.The water rights described and decreed herein will uot result in any injury to the
ovrner of or persons entitled to use water under a vested water right or a decreed
conditional water righl if operated in accordance with fhis Judgment and Decree.
t6.The Court has given due consideratiou to the Report of the Division
Engineer/Summary of Consultation, prepared on February 2, 2006, filed herein
\IT. RT'LING OF THE REF'EREq
T7,The Referee, having examined the infomration subnitted by the Applicaut aud
having completed the invesfigations necessary to make a determination in this
matter, does hereby graat:
RuaNc or rse REFERBE
CeseNo.04CW99
Meru<Snu
PAGE6 of IA
(
18.
A The application for groundwater rig_hts desoribed herein.
B. The application for storage rights desoribed herein; aad
C. The change in the plao for augmentation described herein.
The Applicaat shall install measudng devices, provide accounting, and supply
calculations regarding the timing of deptetions as required by fte Division
Engineer for the opexation of rhis plarL The Applicant shall desipate a
represemtative responsible for filing an annual report witt the Division Engineer
by Novcmber [5' of each year summarizing diversions and replacements made
underthis plan.
Pursuant to C.R.S. 937-92-305(8), the State Engineer shall curtail all out-of-
priority diversions, the depletions from which are not so replaced as to prevent
injury to vested water rights.
The Appiicant shall divert water for the proposed uses identified in his
Application only tbrough the Sills Well No. l. Well permits issued pursuant to
C.R.S, $ 37-90-137Q) ud this plan for augmentation must be obtained prior to
the construction and/or operation of the subjeot wells pursuant to this plan.
In consideration of the specific f:ndings and conclusions made herein, and in
conformance with C.RS. g 3742-304(6) (1990), as amended, the plan for
augmentation decreed herein shali be subject to recorsiderationby the Water
Judge on the question of injury to the vested water rights of others for a period of
five (5) years after the plan for augmentation becom.es fi:lly operational. If no
petition for reconsideration is filed within said five (5) years, retention of
jurisdiction for this purpose shall autonatioally expire. Any party who desires the
Court to reconsider the question of injury must fiIe a verified petition with the
Court, setting forth the facts that cause suoh injury and expleining the claimed
injury. The party filing the petition shall have the burden of proof to establish tre
facts and ttre injury alleged in the petition.
Should the Applicaot desire to maintain the oonditional water rights awarded
herein, an Application for Finding of Reasonable Diligence shall be filed in the
month and year set forth below, uuless a deterrnination has been made prior to
that date that such conditionai rigbts have been made absolute by reason of the
completion of the appropriation or otherwise.
RULTNGoFNDREFEREE
CrceNo, O4CW99
M.aaxSnu
PAGET oJ t0
t9.
20.
f
2l
J.L.
I
23
25.
\ , . Done at the City of Glenwood Springs, Colorado, this
lu Lrl .2006.
A.
B.
C
D.
E.
Pursuant to Rule 9 of the Uniform Local Rules for Ail State Water Court
Divisions, upon the sale or other tansfer of the conditional rights decreed herein,
the transferee shall file wittr the Division 5 Water Court a notice of transfer which
shall state:
The title and case nunber of this Case No. 04CW99;
The desoription of the conditional water right transferred;
The neme of the fansferor;
The narne and mailing address of the transferee; aad
A copy ofthe recorded deed.
The owner of the conditional water right shall also notify the Clerk of the
Division 5 Water Court of any change in mailing address. The Clerk shall place
any notice of hansfer or change of address in the case Ele of this Case No.
04CW99 and in the case file (if any) in which the Court first made a finding of
reasonable diligence.
It is accordiugly ordered that this Findings of Fact and Ru.ling of Referee,
Judgment and Decree shall be flrled with the Water Clerk and shall becone
effective upon such filing, subject to judicial review pursuatrt to C.R.S. 5 37-92-
304, as amended.
It is further ordered that a oopy of the Findings of Fact aad Ruling of Referee,
Judgment and Decree shall be filed with the State Engineer and the Division
Eugiaecr for Water Division No. 5.
24
26
d
T
BY TT{E REFEREE:
WiterReftree
Water Court for Water Division No. 5
day of
RUaNG 2FTHEI?EFEREE
C,tsENo. A4CW99
MARJ{,SEIS
PAGE I o{ I0
Copy of the (
\.II. JT]DGMENT AND DECREE
No Protest was flled in this matter. The foregoing Ruling of the Referee is
::ip:q aud approved, and is made rhe Judgmentta S"orrif this court; rou.lrct,however, to reconsideration on the issue of infury to vested *"to rightr for a period offive (5) years after the pran for augmentation Lr**u, fully op"ruiionar.
The Applicant shalt file an Application for a Finding of Reasonable Diligence inof &9€,ilalz.).1 fuF
esp
cororru?om
this f4n+bdayof &.&lu.n--_2006 n Glenwood Springs,
BYT}TE COT/RT:
Copy of lhe bregoing mailed to all Counsel
rf Remrd, Water Referee, Div. Engineer
and State
'teputy
r
RULNG zFTHEREFERDE
CASENO, O4CW99
MtmSnu
PNGE 9 OF IO
5
Lor6
_)
Pond
LOIS
f
otsI4E eeEAS
Totol Required: 3.58 Ac,
R,O.W & Eosernenk O.95 Ac. (0.
Common Dry Up Areo:2.93 Ac. (
75 Ac. Required)'2-83 Ac. Rcquired)
(Hotching designotes Common Dry Up Areo)
E)GIIBTIA
ctsnwDod Sprh[* CO 8190r.
hl!:970.8{55262 tG 97OSA4r8:ft
luolli0tuw06
clryupmap Creek Side Estates
PAGE 10 of t0
I
EXHIBIT B
DECLARATION OF' PROTEC"TI\{E COVENAI|TTS FOR
CREEKSIDE ESTATES
LOCATED IT\i GARF,.IELD coUNTY, CoLoRADo
This Declaration of Protective Covenants for Creekside Estates Subd.ivision is made andentered this 2?th day of April2006.
STATEMENT OT' PURPOSD AND INMOSITION OF' CO\&NANTS
This Declaration of Protective Covenants (the "Declaration') shall govern and beapplicable to ttrat "uf|in rgal properry sihrated in Garfield county, colorado, know as theCreekside Estates subdivision itt" "souoioision') consisiirs-"f ri* (6) lots (the .T-ots,,) asdefined and described.in.the rioi pt"t (rhe .?rat') recorded is Reception No. -- inthe ofEce of the clerk and Recorder of Garfield county, colorado. ntEffi ltue"Declarant'), desires to create a Cornmoa Interest Communityio b" t o* as Creekside EstatesHomeowners Association, a Colorado non-profit "orpooti* (the ..Assooiuion ) to whichcertain property such as water rights, easements and rigbts-of-way aad the domestic watersyste'u' uppyrrlot to the subdivisioa (tue ..commuairy ilop"n ,r will be conveyed- tt i, tn"Purpose of flris Declaration to greate splcific_rights and privileges,hbs and a decision makingprocess to-presewe, protect and en-hance the Lots ana maintain oe Community properby ior thebenefit of the Lot owners' Declaraat hereby submits the Creekside Estate Homeowners}j::fl* to the provisions of the colorado commoo Interesr ownership Aot, c.Rs. $$ 3g-33.3-101, et seq- as amended from time to timss (the..Acf).
1' DEFIMfiONS. As used in these Protective Covenants, the following words,terms and letter designations shall have fhe following merr;rgs:
'Eubdivisiol," shall mean the Creekside Estates.
o'Association" shall mean crcekside Estates Homeowners Association.
"Lof shall mearl ar.) lot shown oa the plat which nray be conveyed inconformance with the laws of the state of colorado. For purposes ofconforming the terms and provisions of this Declaration to thi terms andconditions of the Ac! the temr'T-ot" shall be analogous to the lerm -unif,
as that term is defired in the Act.
"ownef' shall mean the owner of a Lot shoum on the prat. For purposesof co.nforming the tenns and provisions of this Declarant to the tirrns andconditions of the Acf the term "owuer" shall be analogous to the term'"IJnit Owner$ as tfiat term is defined in the Aot
"Desigu Guidelines" shall mean the rures and regulations adopted by theAssociation ia conformance with and pursua-'nt this DecLadon tomainfain the quality aod architecnral harmony of the Lots-
'a.cc" shall mean the Architectural control cornmittee for creeksideEstates.
f
f.i
1.2
1.3
1.4
1.5
1.6
t.7 'lmprovements" shall mean all 6ol1dings, parking areas, fences, walls,
hedges, plants, poles, towers, antennae, driveways, signs; changes in any
exterior color or shame, occavation and all other site worlg including,
without limitatio& gradir& roads, utility improvements, and removal of
tees or plants. "Improvements" do include both original improvements
and all 111"1 shanges and improvements. "Improvements" do not inolude
hrrf, shrub or tee repair or replacement of a maguitude which does not
chenge exterior colors or exterior appearances.
1.8 "Cornflron Expense AssessmenB" shall mean all expense liabilities
assooiated wittr the upkeep and maintenance of the CommrmityProperty.
2, CREEKSIDE ESTATES HOMEOWNERS ASSOCIATION.
2-l Each Owner shall automatically become a member of the Association.
Membership shall be appurtenant to and may not be separated from
oumership of auy Lot No Lot Owner, whether one or more persons, shall
have more thao one membership per Lot owne4 but al1 of the persons
owning each Lot shali be entitled to righB of rnembership and use and
eqioyment appurtenant to suoh owuership.
))Tbe purposes aad powers of the Association are as set forth in its Articlcs
of Incorporation and Bylaws and include, but are not necessarily limited
to, ttre management, control and maintenance of all common areas and any
corruson irrigation system within the Creekside Estates.
3. SINGLE FAMILY RESIDENTIAL USE ONLY. The properly in Creekside
Estates is intended to be developed for single family residential purposes only with all skuctr.res
designed to blend into and complement the natural surrouudings.
3.1 No more than one (1) detached singLe farrily dwelling and accessory
dwelling r:nit shall be erected upon ary Lot, except for one (1) atached or
detached garage on eaoh Lot for not more than four (4) automobiles and
one (l) bam on each Lot for domestic animals so long as animals are not
raised for comrnercial purposes. Any such separate accessory dwetling
unit shali be subjectto the pcrmitiing requirements of Garfield Counfy.
3.2 No building or structure intended for or adapted to business, commercial
or manufacturing purposes, nor any multiple family dwellings, shall be
erected, placed maintained orpermitted upoE any Lot except that Owners
may rent or lease their dwelling for residentia[ purposes when not required
Proteclive Covenants for Clark Creelcside Estates
Located in Garfield County, Colorado
Page 2 of20
r
(
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for the Owners, use.
3-3 All stmctures shall be sited on each Lot by the Acc. ualess varied by theprovisions of paragraph 15.4 herein, no stucture or1 any Lot shail be
constructed closer than twenty-five (25) feet to any side lot Iine or closer
than fifty (50) feet from any front rot rine. In siting a structure, the ACC
shall approve its location as near to the spot selecte'dby the Owner as shall
not impede or resEict the view plane ofbther Owners-and otherwise meet
the criteria set forth in paragraph 15.2 herein.
3-4 No structure shall be placed or located on any Lot in such a manner tiatwill obskucf divert or otherwise alter the natr:ral water drainage courses
and patterns. Likewise no landscaping or changes to the exist[rg tenain
shall be made which shall obstuct,-divirt or otherwise alter such arairrg".
3'5 The minimum sizc of eaoh stnrcture erected shall be not less than fifeen
bundred (1,500) squr!.rc feet measured on the outside foudation walis,
exclusive of opeuporches, gara es, carports or bams.
3'6 No towers or exterior radio, television andlor communications autennae
shall be permitted without prior written consent of the Association. Dish
receivers in excess of eighteen inches (lg') in diameter shall be screenedfrom view.
3'7 No build'ing shall be erected by means of other than new constrpctio4 it
beiag $e Purpose of this covenant to insure that old buil.rings will uot bemqved from previous locations and placed upon a Lot without the prior
written approval ofthe ACC.
3.8 AII stnrctures shall be constucted of either brick" stonq lunrber or acombiaation thereof. The use of cinder block shall not be allowed unless it
is faced with another material herein approved. All roofs shall be finishedwitb approved shingles. United Stabs Forest Service a:rd Colorado State
Forester wildfire prevention guidelines should be incorporaEd into
residential site ptanning and design.
3.9 No structure shall be placed. or erected upon aoy Lot which is, ever has
been or could be made the subject of a specifit ownership tax as now
defined in Title 42 of the Colorado Revised Statut"s.
3.10 No structue of a temporary character, bailer, basement, ten! shack,
Protect ive Covenants for Creelcide Estates
Located in Garfield County, Colorado
Page 3 oJ20
BmBe, bam or aoy other outbuildings of any description shatl be used on
any Lo! except on a temporar5l basis not exceeding six (6) months by the
construction compally const'ucting a dwelling on aLot.
3.11 Each stucture shall be compieted within one (1) year from date of
commencement of constmctioa-
4. RESLIBDIVISION PROHIBITED. The resubdivision of any Lot is prohibited.
5. EXISTING FOLIAGE. The existing foliage and vegetation on eaoh Lot shall be
preserved in as near a nahrral state as possible, taking into considcration the United States Forest
Sewice and Colorado State Forester Wildfire Prevention guidelines.
6. UTILITY LINES. No new gas lines, Iight and power lines, teleptone lines or
teievision cable shall be permitted unless said [ines are buried underground and out of sight from
their primary source at the lot line to 5" 6ry6ll'ing and at fhe Owner's o(pense. The ACC may,
however, in its discretion allow overhead ligh! power, telephone and television li:res and cables
if the same would not detract from fhe view of other Ovsners and the cost of placing the sarne
underground would be great.
7. SEWAGE DISPOSAL. Each residence shall contain aJ least one (I) fully
equipped batluoorg and all sewage shall be disposed of by means of an individual sewage
disposal systems CTSDS') shali be approved by the Colorado State Healtb Departnent and locai
healtl agencies having jurisdiction thercof. Owners shall maintain suoh treatuent faciiities ia
good operating condition.
7.1 Each system shall be desigued by a professional engineer registered in the
State of Colorado, pursraot to C.R.S. g 12-25-1 1 I ;
7.2 Each system desigo shall adequatety address the soil percolation
conditions present at the Lot site, which percolation rates shall be verified througb
appropriate on-site testing;
7.3 Eaoh system shall be designed to adequately service a least four (4)
bedroorns;
'1.4 Each system desiga, tbrough the incorporation of reeirculating trickling
filter, sequencing batch reactors atdJor other accepted on-site wastewater treatnent
system teohnologies, shall be capable of producing effluent quality whicb meets or
exceeds the requirement of the United States Environmental Protection Agency for
secondary wastewatcr treatrnent. (3lmglL BOD and 30 mglL suspended solids);
P rotective Covenants Jor Aeel+side Estates
Located in carfield ContU, Coloffi
r
7.5 All absorption fields shall be sized to adequately service four (4)
bedrooms. Trench segments with at least six (6) feet of separation shall be used
whenever practically feasible. A minimum of tbreo (3) similarly sized kench segments
should be instalted with altemating values or a distribution box that allows isolation of
each segment. Monitoring pipes shall be installed at the far end of each fieach segment
to allow inspection of field condition. If a bed must be utilize4 single dosed zones shall
be acceptable. If moundi"g is requircd to establish four (4) fcet of suitable soil, a single
pressure dosed shall be acceptabie. It a bed or mount is used, s. minimurn of two (2)
monitoring pipes shali be iustalled at the far end of the bed and mound.
7.6 Following ISD installafion, each Owner shall provide the Association with
as'built drawings depicting, in relatiou to the other Improvements on the Lot, the location
and dime,nsions of the ISDS facilities, including the absorption field and monitoring
pipes, all applicable design, operation and maintenance specifioation of the system's
manufachrrer and written certification from the design engineer that the ISDS was
installed in conformance with the requirements above stated and all appLicable designs
specifi cations of the manufacturer.
7.7 In the eveot the Association fails to properly implement aud enforce tle
design and performance statrdards set forth herein, the Board of County Commissioners
for Garfield Counfy, Colorado, and its duly authorized representatives and agents, shall
have all the right to enter upon the Lofs and implcment and enforce such staodards at tle
exPerse of the Association or exercise any othcr right or power afforded under this
Declaration or the Act, including, but not limited to, the initiation of appropriate
proceedings in the Distict Court for GarEeld Couuty, Colorado, to compel enforcem.ent
of the same.
7.8 ISDS Mauasement Pian:
In order to ensure that each ISDS installed within the Lots is
iospected on a regular basis and properly rnaintained" the
responsibility and authority for such inspection aod maintenance
shall be vested exclusiveiy s,itilin the Assooiation. This
management plan is not intended to provide for comrnon
owuership for the ISDS's or to provide commoa funding for the
construction, repair and maintenance thereof, suoh ownership and
responsibiiity for constnrction, repair and maintenance to remain
with the Owner.
In accordance with the above, the Association shall:
Protzclive Covanants Jor Creekside Estates
Located in Gay'ield County, Colorado
Page 5 of20
A.
7
B
f
C.
(I) retain at all times, the services of quatified personner toinspect the ISDS,s gd to perfonn all maintcnano"'uoJ,"f"i..
necessary to ensrue that same are installed proporly, remain ingood operating condjtion and comply witir tne trrfo*,-""requiremenls set forth herein;
q inspect the operating oomponents of each ISDS withintirirfy (30) days of being pticed in operation; thereafter, each ISDSshall be inspected at teasiquarterly; '
(3) test the BOD and TSS content of the efiluent beingdischarged by each ISDS at Ieast biamually; and
(4) maintain at all times written or other permanent reoordsdocunrenting the date each ISDS was inspected or tested, theresults of such inlpections or tests aoi the extent oi allroaintenance and/or r.puirr performed- An documents maintainedby F: Association pusuanr to this provision shali at all times beavailable for inspection by the Or:sners and/or a,thorized
reprosentatives of the Garfield county Deparhent of Building anJPlanning.
The following provision shall apply in the event the estimatedpl-^^Elg:r or repair costs riluired of any ISDS "*r."J$1,000.00 in total during any one calendar year:
(1) the Association shati give the owner written notice of theaature and extent ofthe worknecessary, to retura the ISDS m looaoperating condition andror bring the tsos witnin tn" perror*"aoce
requiremonts set forth herein; and
(?).. wi.thin thLty (30) days of receipt of such norice Owner
shaLl, at his or her owtr expense, cause to be.completed, the repairsset forth within the notice. In the event Owner fails ;, .d;il;such repairs within this time period to the satisfaction of tn.Association, the Assooiation shail have the *ttority, in addition to
l:I :ther f3"9{.prolrded within this Deotaration or the Acr, totatce any of the following actions:
(i) to impose against Owner, a fiae not to exceed
Protective Covounts for Creekstde Estatrs
Located in Garfield &unty, Colorado
Page 6 of20
(
$200.00 for each day in which the ISDS remains unrepaired;
and/or
(il) to discontilue domestic water service to Owner's
Lot;aad/or
(iil) to complete on behalf of the Owuer the required
repairs to the ISDS. All costs incurred by the Association in
connection with the restoration shall be reimbursed to the
Association by the Oumer of the Lol upon demand. AII
unreimbursed costs shall be a lien upon the Lot until
reimbursement is rnede. The lien may be enforced in the same
manner as a lien for an unpaid assessment levied in accordance
with the covenants for assessments s€t forth in this Declaration.
D.In the event the Association fails to properly implement and
enforce the provisions of this management plan set forth herein,
the. Board of County Commissioners for Garfield Couoty,
Coiorado, and its duly authorized representativos and agen6, shall
have all the right to enterupon the LoE and implement and enforce
suoh provisio$ at the expeuse of the Association or exercise any
other right or power afforded under this Declaration or the Act
including, but not limited to, the initiation of fhe appropriate
proceedings in the District Court for Garfield County, Colorado, to
compel eaforcement of the provisions of this managementplan.
E.The provision set fortb in section 7 herein shall not be arnended or
repealed by the Declarant, Association or Owners without written
conseEt of the Board of County Cornmissioners for Garfield
Couuty, Colorado.
8. ANIMALS.
f 8.1 The ACC may require aay Owner to remove any animal if, in the opinion
of the ACC, lands are overgrazed or the animal constitutes an annoyance
to the Owners ofneighboring tracts,
82
8.3
All ani:nals, including dogs and cats, must be kept within the boundary of
the Lot and uader the control of the Owaer.
Lots must be kept clean, sanitary and reasoaably free from refuse, iasects
Pro lective Covenants for Creeks ide Es arcs' Loeated in Garfield County, Colorado
Page 7 of20
aud waste at all times.
8.4 AII enimals must be so maintained that they do not become a nuisance to
the neighborhood and do not nm at large,'endanger or harass other
enirns[s, including rvildlife, upon neighboring lands and public domaio.
9. MAINTENANCE OF PROPERTY
9.1 The Owner of each Lot shall keep the sarne clear and free of rubbish and
trash and shall keep fhe structures thereon in good repair, doing such
mainteuance as may be required for this purpose.
No noxious or offe,nsive conduot or activity shall be carried on upon atry
Lot or in any skucture thereon which may consfihrte a health hazard, odor,
noise disturbance, nuisance or annoyance to the neighborhood so as to
unreasonably intorfere with or disturb the use, e4ioyrnent aud access to
any other occupant of the Lots..
9.3 Clotheslines, equipmen! garbage ssns, service yards, woodpiles or storage
areas shall be adequately screened by planting or constilctioa to conceal
the sarne from view of aeighboring iots and streets.
9.4 The outside buming of zrry trash rubbish or other materials shall be
absoluteiy prohibited. Standard and approved barbecues and fircplaces
shall be allowed forthe preparation of foodstuffs only.
9.5 No t'aslL ashes, garbage, rubbish, debris or other refuse shall be throwru
dumped or aliowed to accumulate on the Lots. Each Owner shall provide
suitable receptacles for the tempomry storage and coliection of refuse. A-11
such receptacles shall be screened from the public view and protected
from wind, anirnals and other dishrrbances
9.6 The surface of all Lots shall be maintained in a condition which will
minimize the risk of soil erosion and weed iafestation. All e>rcavations,
fiIls and other construction whioh disturb tle ocisting vegetation shali be
revegetated with weed tee seed and mulch. A.ny distr.ubed area on the Lot
shall be fully restored by the Owner.
9.7 Each Owner shall implement a weed manageraent program within ttre area
of his or her LoL Assistance may be obtained ftom sources identified in
section E. below. The Assooiation shall implement and follow a program
Protecltve Covenants for Creeloide Estotes
Located in Gafield Counil, Colorado
Page I of20
9.2
/
I
r
of noxious weed contror which may address fhe oontor and eiimination ofcanadial Thistle aod other prant species included on the Garfield countyNoxious \ileed List' In general, ttre weed management pian shourd consistof the following components:
A. Pteyeufion and contrgl. The quick revegetation of disnurbed areasurith weed free grass seed aad the iaintenance of native orintoduced vegetation in th: healthy, vigorous conaition producingoptimum vegetative densities w-ilr leave noxious
-.i"a
uttt"opportunity to establish. The use of hay that is certified if alsorecommended.
B. hyentorv. Each Lot should be inspected to identiS anyinfestations of noxious weeds. An accuate record should be keptof the applioation and succe's of weed "*a*tion itrorr".-
c' Eradicatiog. Etimination of noxious weeds can be achieved. through:
(i) Mechanical contrors which physically romove the entireweed plant or eliminate the plant's utitiiy to pioduce seed.
-
(ii) Biological contors which r"ly on orgaaisms (insect orpraatpathogens) to interfere with weed growth.
(iir) chemicar contrors which use herbicidss to eliminate weeds.Special care must be used with herbicides to *riO a*ug" ,odesirable plant species and to "roia contamination
"a **Owater.
D' In the event the owner fails to effectivery contor noxious weedson his or her own Lo! the Association sha[ heve the righiio enterupon any Lot and conduct a weed contror program *itfr" the areaof such Lot at the cost of the Owner.
E. An effective weed management program may involve all threemethods of eradication set forth iu siction c. auove, as weil aslong.term comrnitment to prevention and contol, Assistance inthe development- and implementation of " *".t *u"r!"*"o,prc$am is availabie through the cororado state uni:versityCooperate Extension Service-and from thc C*n"fa ""*tV Om..
Proteclive bvenants for Creelcs ide Estates
Iacated in Gadield County, Colorado
Page 9 of 20
9.8
of Vegetation Management.
All improvement constructed on the Lots shall be properly maintained and
free of defects. Owaers shall remedy all physical defects and repairs
openly noticeable within a reasonable tine once the same becomes
apparent to the Owner or upon written notice given by the Association.
IO. \EHICIES.
10.1 AII motorvehicles must be currently [icensed and operational.
lO.2 No vehioles, boats, campers,' trailers, snowmobiles or other such
recreational vehicles or devices shafi be stored or permitted to remain for
more than three (3) continuous days on any Lot unless the 6&me are stored
from view in a garage or screened from view.
i0.3 No business vehicles shall be pennitted whioh do not completely enclose
within the vehicle all machinery equipment and other evidence of the
Eade, craff or business other than the sigrs affixed to tle vehicles
advertising the sarne.
11. SIGNS. No billboards, sigus or other advertising devices of any uature shall be
erected, piaced, maintained or pennitted provided that this restriction shall not be construed to
prevent appropriate n*me aud address signs aud signs that advertise property for sale or rent
insofar as it is necessary to promote the sale and development of such properties.
12. EASEMENTS. Easements and rights-of-way in perpetuity are hereby reserved for
the erection, construction, maintenance and operation of wires, cables, pipe, oonduits, apparatus
for the tansmission of electical current, telephone, television and radio iines aod for ttre
furnishing of water, gas and sewer service or for the furnishing of other utilities and irrigation
ditches and laterals, together with the right to enter for the purpose of installing, maintaining and
improving the same along, aoross, upon and through a strip of Land twenty (20) feet h width
along all interior lot lines of all Lots and twenty (20) feet in width along all outside boundary
linedof the Creekside Estates.
13. ROAD\MAYS. All roadways in the Creekside Estates shall be private. Such
roadways shall be subject to an easement and right-of-way for iugress and egress for the
installation and maintenaace of utitities as provided in paragraph 14 above. The cost of
maintenance and snow removal shall be fi:nded by fees collected as assessments by the
Assooiation as provided in the Bylaws thereof.
Proteclive Covenants for Crukside Estates
Locatedin Gay'ield Couny, Colorado
Page )0 of20
14. WATER. All water rights decreed by the Division 5 Water Court in Case Nos.8ICw56 axd 04Cw99 for in-house domestic usg lawn and garden irrigation, rto.tt*t rioj6g"protection, fish culture,-and augrnentatioD purposes shall be 6wned, ma-intained, and operat-ed bythe Association. Specifically:
L4.l Domestic. The Sills Well No. I shall supply in-house domestic water for
each Lot. All water shall be metered by watcrmeters appioved by the Association.
-14-2 lrrisatio+. The Sills Well No. I and the Silts Pond No. 1 shalt supply
water for lawn and garden irrigation of up to 485 square fect per Lot. The amount ofwater allocated to each owner, his extent aud time of use, and ail other matters pertaining
to inigation water shall be as Aom time to time establish.a Uy tirr Association.
14.3 Stock-waterine. The Sills Well No. i and the Sills Pond No. i shallsupply water for stockrvatering of no more than one head of livestock per Lot.
-. _ .14.-4 Fire protection The Sills pond No. I shall store warer, which shall beavailable f-o-r fire protection pr:rposes. Such water, as diverted ttroughthe Silis Well No.I may be diverted uuder emergincy and for a,gnentationpurposes only.
15. ACC-DESIGNGLIIDELINES.
I5.i As of the date of this Declaratior, the initial Design Guidelines shaltconsist of the following:
A. Any home constructed on a Lot shall consist of no less than 3,000
square feet livable space inclusivs 6f slfinished basement area, but
exclusive ofany attached or detached garage, porch, decking, or
Accessory Dwe[ing Unit as defined by Section 5.03.21 oi-ttr"
Garfield County Zontng Reguiations as of the date of this
Declaration.
/ ^, - L5-2 _ The LCCmayadoptadditionat DesigaGuideliaes, from timeto time.the Desiga Guidelines shall not be inconsistent with ttris Declaration, but shall morespecifically define anddescribe th9 design standards for the Subdivision. fhe aCC mayalso establish reasonable crileria, hdudtg, without limitation, requirements relating to'desip, scale and color, as the Aisociafion-mry deem appropriate in the intere.st ofpreserving &e aesthetic standards of the Subdivision.
,^.-_^^ E, No improvements of auy kiud, insluding, but not 1imited to, dwelling[ouses, garages, fences, swinnring pools, tennis courts, parking areas, drives, art"ro.{
P ro leclive Covenants for Creekslde Estates
Located in Garfield County, hlorado
Page 1l ol20
(I
f
flagpoles, walla and every other gpe of improvement shall ever be constnrcted or alteredon any lands within creelaide Eshtes, including the common areas, aor m*y anyvegetation be altered or deshoyed, nor aoy landsJaping perforrned on any t"ot ortotttr.3 (:) cotnplete sots of architectural pians and specilfioations for such Lonshuction,
alteration or landscaping are subnitted to the ACC and approved in writing prior to the
corrmencement of such work. AII decisions of the ACC sniit Ue in writing. One (l) set of
l{lnl-ansend specifications shall remain on file and become a permanent record. of theACC' In the event the ACC fails to take any aotion within fifteen (15) days aftercomplete architectural plans and specifioations ior such work have been iubmitted to i!then all of such arohitectural plans shall be deemed to be approved. The architecturai
plans and specifications shall inolude (subject to such additional infomration as the ACC
may require) the fol lowing:
A' sqils and Foundation Report. aad Grading and Draiuage plan.
Prior to the issuance of a building permit by Garfield county, a tot, Owner shall cause to be prepared atd submit to Garfieid
-Coroty
and the ACC a soils aad foundation report, an independent sewagl
disposal fYstem desip, and a grading and drainage plan preparld
by a professional engineer. All improvements aud structures shallbe constructed in accordance wittr the recommendations and
conditions of such report and plan which are included by Garfield
County as conditions of the buitding pennit or are made
requirements or conditions of ttre approvat of the ACC.
B. Matqrials and Landscapine. In its review of any proposed
development acfivity, the ACC shall evaruatg am(mg othir things,
the materials to be used on the outside of buiidings or structurcs,
ircluding exterior colors, location with respect to topography andfi'lished grade elevarions, and haonony of hnascaping u,itn tne
nafirral seffi.E and Darive trees and other vegetation within
Creekside Esfates. The ACC shali encourage .,xeriscape,,
landscaping which emphasizes the use of indigeoous foriage and
decreased water cousumption.
C.Site Location. The ACC shall exeroise its judgnent to preserve to
the greatest extent possible the natural characteristics of each lot
and all natr.rral vegetation, inoluding trees and bushes and the
ph{al settiag of each building site. The ACC must approve the
Iocatioo of all structures and improvemeuts to be located on each
lot (except as provided above ia Artioie IV.3).
Proleclive Covenants lor Creelaide Estates
Located in Garfield Coung, @lorado
Page 12 of20
I
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D.
E.
F.
Fencine and Hedees. The ACC must aPprove placement and
materials for all fencing or hedges prior to installation' Barbed
wire and shsin link fencing shall be prohibited. Oniy wooden and
metal fencing shall be permitted within Creekside Estates, with
Iimited exceptions pertainiog specifically to the protection of
gardens from wildlife damagg kennels, corrals, or other elements
where a wooden or rnetal fence would rrot serve the purpose
desired, whether it is to keep animals in an enclosed area or to keep
wildlife out of an enclosed area- The t5pe and location of, all
fencing must be approved by the ACC. One basis for consideration
by the ACC of fenci:rg will be how it affscts wikilife. Fencing
shall not exceed fofiy-two (42) inches in height, shall not have
more than three (3) horizontal poles, and the bottom pole shall be
at ieast eighteen (18) ioches offthe ground- Wire fencing shall not
exceed forry-two (42) inches in heigh! shall not have more than
three (3) stands, and the bottom strand shall be at least eighteen
(18) inches offthe grorurd.
Wildfire. The ACC shall follow the recomrnendatious of the
Colorado State Forcster wildfire preventiou guidelines, specified
by the pamphlet "Wildfue Protection in thc Wildland Urbau
Interface prepared by the Colorado State Forest Service (CSFS
#L43-691), wherever practical in granting approvals for
constuetion of residences and ottrer sEuctures submitted to it for
approval. The ACC shall, wherever practical, incorporate the
guidelines set forth in tbat pamphlet into ttre plans approved for
lots in Creekside Estates to protect Creekside Estates, and all of the
buildiags constructed therei& from the danger of wildfue. The
ACC will consider the guidel.ines in the mo3t cunent wiidfue
publication by the Colorado State Forest Service. Metal roofs or
other fue resistant roofs will be required. Siding of all str.rohues
shall be constuoted of fire retardant materiais or materids
"teated" to be fire retardanl
Liehting. The ACC shall consider exterior lighting plans and will
require that all exterior lighting (with possibie exceptions for
lighting Decessary for safety) be directed towards the O'rner's
properly and consist solely of down lighting. It will also require
that all Owners make every effort possible to limit the use of
exterior lighting at night It shall encourage Owners to build in
such a fashion that all light sources not be directly visible from
Prolective Covenants for Creekside Estates
Located in Orfirr, *y;r?rr;:iy.
outside of the Owner's properly. The intent behind these
considerations is to preserve the n:ral character of the Creeirside
Estates by limiting extcrior Iighting as much as possible while
maintaining a safe atrnosphere.
Fireplaces. OnIy solid-fuel buming stoves as defined by C.R-S. $$
25-74A7, et seq., and the regulations prornulgated thereunder, or
natual gas/propane brrming stoves and appiiances will be allowed
in any aew dwelling unit to be constructed within the Creekside
Estates.
L5.4 The ACC shall exercise its best judgment to see that all irnprovements,
constnrctior, landsoaping aud alteratious on the la:rd within Creekside Estates corform. to
and harmonize with the nafural suroundings and with odsting stuctrrres as to extemal
design, materials, oolor, setting, height, topogxaphy, gpde and finished gror:nd elevation-
The ACC shall protect the seoiusion of each home site from other home sites as rnrch as
possible.
15.5 Architectural plans and specifications submitted under paragrapb 15.3
herein shall show tle nature, kind, shape, height, materials, floor plan, Iocation, exterior
color schemg alteratious, gradhg and all othermaffers oecessary for the ACC to properly
consider and make a determination thereon. The ACC shall disapprove any architectural
plans submitted to it which are not sufficient for it to exercise the judgment reguired of it
by these covenants.
15.6 The ACC may grart a reasonable variance or adjustuient of these
conditions and restrictions in order fo overcome practical diffioulties and prevent
uffIecessary hardships arising by reason of the application of the restrictions contained
herein. Such variances or adjustraents shali be granted only in case the granting thoreof
shall not be materialiy detrimenta[ or injrnious to other property or improvements of the
neighborhood ard shall not defeat the general intent and purpose ofthese restriotions.
L5.7 The ACC shall not be liable in damrges to any person or association
submitting auy architeotural plans for approval or to afly Owner by reason of any action,
failure to act, approval disapproval or failure to approve or disapprove with regard to
such architectural plans.
15.8 Buitdine P€rrrdts. An Owner may apply for a building permit Aom the
Garfield County Building and Plauniug Departnent at any time; provided, however, the
plans approved by the Building Departrnent shall not differ in any substantial way ftom
the plans approved by the ACC. If the plans approved by the Building Deparunent differ
Protective Covenonts for Creelcide Eslates
Located in Crtreld C*fy;s?/;:;r:0
G
I
in auy substantial way as determined by the ACC, then all approvals of the ACC shall bedeemed automatically revoked.
I5.9 . The ACC maypromulgate an! adopt rules and ,r these Covenants.
These rules and reguiations rnay includ.e submission requir"m"nts conceraing the tlpe ofinformation, Iup.o{s, plans end specifioations, and other inforrnation o".r.r-rry to make
an informed decision rogarding requests for development, nnod.ifications to buildings, andthe like.
15.10 Countv Approvais Reouired, Compliance with the ACC rules and
regulations is not a substitufe for comptianc" *iti Garfield County land use regulatious,
and each Owner is responsible 1bp s6tii";"g all approvals as may be required uy-Oarne6
County prior to commincing constnrction.
15-lI The Association, afrerreasonable notice to the offender aud to th" Owner, may remove auy Improvementconstructe4 reoonstrtrcted, refinished, altered or maintained which is in viotafiou of thisDeclaration, and the Oumer of the Irnprovement shall irnmediately reimbruse theAssociation for ali expenses incurred in such rernoval.
15.12 Membership. A majority of the ACC may designate arepresentative to act' for it. Should a member re-siga oriecome unable to aci the oither -r*trr. shall appointa successor' one or more members may be replaced by uritten designation recoried inthe Garfie1d County Clerk and Recorder's offlice showtg upprovat b! a majority of theOwners. ?he initial member of the ACC shall be:
Mark Silts
111 Creek Side Drive
Rifle, CO 81650
16, covENAhlrs RUN wrrH LAI{D. These covenants run with the lend and shallbe binrling upou all parties and all persons claiming under them-
17,. COLLECTION OF ASSESSMENTS _ ENFORCEMENT.
17.1. Assessments. AIl Owners shall be obligated to pay arty assessrnentslawfully imposed by ttre Association To the exent the Associati-on is responsible
therefore, assessments may be lawfully imposed for any items of commoi expense whichmayinclude, amongother t$ngs: expenses and costs oimaintaining, repairirft, audplowing of roads within and accessing Creekside Estates;
"xpens"rlor roainto:i*og,
Protective Covenants for Creekstde Estatq
Located in Garfield County, Colorado
Page t5 of20
I
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improviug, and preserving the Association's comnon elements; expenses of the ACC;
and taxes, insurance, accounting, and legal functioru oithe Association Suoh
assessments shall be deemed general assessments and shall be borne pro rata by all
Owners. The Association may establish contingency and reserve funds forthe
naaintenance and improvement of the Association's cornmon eiements and any other
anticipated costs and expenses ofthe Association to be incurred in pursuit ofits purpose.
Coutingency and reserve firnds shalt be in sudr an amount as tle Association rnay deem
necessary and appropriate for the aforesaid purposes. Each Owner shall be required to
pay his pro rata portion of these firnds, As used herei::" air Ownef's pro rataportion of
corunon expenses shall mean a fraction formed by the uumber of lots purchased and held
by the Owner (numerator) and the number of Lots in Creekside Estates (denorrinator).
The Assooiation shali have the right during any calendar year to levy and assess against
all of the Owners a special assessment for such ptupose or purposes, in accordance with
these Covenants, or the Artioles or Bylaws of tbe Association, as may be necessary. Suoh
special assessment shall be paid for in equal portions by the Owners obligated to Pay
such assessment aud shall be due and payable as determined by the Association.
17 .2 Annual Assessment/Corrmencemcnt of Comrnon E;cpense Assessments.
Comrnon Expenses Assessrnent shall be made on an annual basis against all Lots and
shall be based upon the Associalion's advance budget of the cash requirements needed by
it to provide for the administration and performance of its duties during such assessment
year. Cornmon Expense Assessments shalt be payable in monthly instalLnents and shaU
begin on the first day of the month following the month in which conveyance of the first
Lot to an Orvner other than the Declarant occlrs.
l7 .3 . Lien for Non-Pavrnent of Assessments^ flll srrms assessed by the
Association, including without linaitation the share of common expetrse assessments
chargeable to Lot Owuer, any fines which may be levied on an Owner, and unpaid utility
fees and assessments charged to an Owner shall constitute a Iien against such Lot
superior (prior) to all other [iens and encumbrauces, excepting ouly:
Tax and special asscssment liens on the Lots in favor of any
governrnental assessing unit.
All sums unpaid on a first mortgage of record, including any
unpaid obligatory sums as may be provided by encumbrance.
Each Owner hereby agrees that the Association's lien on a Lot for
assessments has hereinabove described shall be superior to the
Homestead Exemption provided by C.R.S. $ 3841-201, et seq.,
Protective Covenants for Creelside Estates
Located in Garfield Coanty, Colorado
Page 16 of20
A.
B.
c.
and each Owuer hereby agrees that the acceptance of the deed or
other instument of convoyance in regard to a.ny Lot within
Creekside Estates shall signiff such grantee,s waiver of the
homestead right granted in said sectioo ofthe Colorado statutes.
D. A:ry recorded lien for non-payment of ttre common expenses may
be released by recording a release of Iien executed by a member of
the Association.
If any assessment shall remain rrnpaid after thirty (30) days after the due date thereof,
such unpaid sums shall bear interest from and after the due date thereof at the rna:rimum
rafe of interest permitted by law, or at such rate as is determined by the Association" and.the Association may impose a late charge on such defauiting Ow:rer ", ,ouy b"
established by the Board. tn additio4 the Association shall be entifled to collect
reasonable attorneys' fees incurred in connection with any demands for palrrrent and/or
collection of delinguent assessments. To evidence such tien, the Associati6n rhuu pr"p*"
a written notice setfing forth &e amount of such unpaid. indebtedness, the name of tUe 1,ot
9*o., and its legal description. Such a notice sUAt Ue signed 14r one (1) member of the
Association and shall be recorded in the OfEce of the Clerk andRecordir of the Countyof Garfield, Colorado. Such lien may be enforced by foreclosure of the defautting
Owner's Lot by the Association in like manner as a mortgage on real property, upon thlrecording of a notice of clairn thereof. In any zucn foieclosure, ttrL Cj*i, rnat Uurequired to pay the costs and expenses ofsucbproceedings, the cosh and expenses forfiling the notice or claim of lien, and. atl ,"asonable attornels; fees. The Owner shall aiso
be reguired to pay to the Association any additioaal assessments against fhe Lot during
&e period of foreclosure, and the Association shall be errtitled to the appoinhnent of ireceiver to collect the same. The Associatioa shall. have the power to bid on the Lot atforeclosure sale aad acquire and hold, lease, mortgage, and convey sarne. The
Associatiou, at its election, and in addition to any other rimidies it may have at law or in
equlty, may also sue an Owner personally to collect any monies owed the Association,
" .77 -4. E-nforcement Actions. The Association shall have the right to prosecute' any action to enforce the provisions of all ofthese Covenants by injunctive ,iti"4 on
behalf of itself and all orpart ofthe Lot Owners within Creekside Estates. In addltion,
each Lot Owner within Creekside Estates, inclurling the Association, shall have
the right to prosecute any action for injunctive relie?atrd for darnages by reason of anyviolation of these Coveaants. The prwaitingpariy in any enforcerient action shall be
enfitled to an awrd of its reasonable costs da atio*.yr' frrr. The Association shall be
etrtitled to assess penalties for late payment of assessments due fhe Association andtocollect interest thereon at rates to be determined from time to tirne by the Association but
Protective Covenants for Creelcide Estates
Located in Gay'ield County, Colorado
Page l7 of20
I
not to exceed I '5 perce^nt per month. After thrty (30) days, writtea notice to any ownerof a violation of these covenauts, and the orralirt aiiri" io
"riminate or cure saidviolation, the Association may l"r5,, ; addition to the otherremed.ies set forth herein, apenalty of $25'00 ?9t9uy for every day the violation exists or continues after theexpiration ofsaid 30_day period.
17 '4' r-.irqitations on Actions. In the event any coustruction or alteration orlandscaping *otit it-offi""afr* any of the laaas in creelside Estates in vioiationof these covenauts and no action ii cornrnenced witbin one (l) year thereafter to restrainsuch vioiation, then injunctive or equitabie reliefshall be denied, but an action fordamages shali stili
!-e
avaftaffe a "ivp"rry aggrieved. This one-year limitation shall notapply to injunctive or equitable r"t#ririnst other violations of these covenanrs.
18' INSURANCE. The Association may obtain and keep in fuIl force and effect thefollowing insumnce coverage:
lB'1 coverage for members of lle Board and officers of the Associatio4inclurli"g committee irembe ;;;# [bel, siander, air. ,r.rt, invasion of privacy,errors and omissions, and other-forms of iiuuility iler"lt covered in of6cers auddirectors liability policies.
l8'2' coverage against such other risla of a similar or dissimilar uatue as theB oard deems appropriate.
19. GENERAL PROVISIONS
19'I ameedme![-af Covenants, Excep as otherwise providcd by the Act(including u**G"oG-uy EDffirot and the assooiuion which are expresslypermitfed by the Act),-the DecIu.utiool,rr"l not be ,-.oa"a *,ress at least sixty-sevenpercent (67T) of rhe Oqmers. Notrith.t"oding the foregoing and except to the extentexpressly permitted. or reqr:ired uy tnr e"t, no amrendment o,ay (i) create or increasespecial Declaranr dg}.t., riil i"#m.-tn. ou,ot,, of Lots, (iii) change the al0caredr iuterest of a Lo! * (u) ;nXe. th" ,r"r; which any Lot is rqstricted in ttre absence ofunadmous consent of Ae Owiers.
"c-I
s iii' .lHlIHl# o"planned community') Tq il; a;i:";., subject to ail provisions of the cororadocornrnon Interest oyaershi-n ,i.r 6;;6;1uA,). In the even? of a conflict berween theSilfftrfffj,::jfl* to t.te m-a:<Liri'Ixteut permined bv raw, tne p,ovisions ortue
Protect iv e Covena nts for
Located in Gafield
Creelaide Eslates
County, Colorado
Page l8 of20
l9'3 Sreverabilitv. should any part or parfs of these covenauts be declarediuvalid or uorcnforceableTy *v .ourt of competent jurisdiction, such decision shall notaffect the validiry of th,,.r"ioing .ovenants.
l9'4 .paragraph Headinss and underrinine. The paragraph headings andunderlining within thitffio-n'rv -a shall not be constmed robe a specificpart of the "o"o_S-*tained herein.
l9'5 Limited Liabilitv. The Association and the Board shall not be liable to auypart for any action ot rot *yEilure to act with respect to any matter if the action takenor failure to act wls in good faith without .uriL- ri, owners severally agree toinden:nify the Association and trr.ioara against tos orrrting frona such action or failure
H;flII the Association and the Board uc-t"d o, aileJrc act in good aitt aoJ*itrrout
19'6 Teror' This Declaration and any araendments or supplements herebo shallrernain in effect for-ten days fiom the date oirecordutior. ru"rafter, this Declarationshall be automatical[y extended **"r"iu. r." p*i"ar-"i ten (10) years each, unlessotherwise teminated or modified as pioviaea rcr.io o. uy a. e.t.
ap+ zHowTI{ESS WEREOF, the Declarant .has o<ecuted this Declaration this 27th day of
/s/lVlcrk Sills
STATEOFCOLORADO )
coLrNTy oF .ARFTELD l*
t,rARK:f,ffXt"ff ffff* was aoknorvredged before me rhis 27th dayof April 2006,by
Mark Sills, Declarant
r Wihess my hand and official sea[.
My commission expires: 12.23.0E
/s/ Christina R Sloan
Notary Public
In aecordance with c'R'c'P' 1.2!st-'26(g) tlis document.has,!een. ellgtrotticauyJiled via File and serve@. A printedcolty of this document with origiiar tigituroE ;;i-;,oined by the Noone Lai Firm, p.c., and wig be nndeavat Ia b t e fo r insp"" t io" iry o ttii j"iii;' ;r' "c;;,';p
on req u es t.
Protectiue Covenan* for Creekside Esares
Located in GarJield County, Colorado
page 19 of20