HomeMy WebLinkAbout3.0 Staff Report BOCC 08.03.98REOUEST:
OWNER:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
A.
II.
PROJECT II\TFORIT{ATION AI\D STAF'F COMMENTS
BOCC 8t3t98
The Englund/IVloore Subdivision preliminary
Plan
Charles Englund, Luther & Diana Moore
Atact of land situated in a portion of Section32, T7S, R87W of the 6th pM; more
practically described as a tract of land located
approximately one (l) mile east of State Hwy.
82 and County Road 100 intersection.
The site consists of 13.964 acres.
Individual wells
Individual Sewage Disposal Systems (ISDS)
Highway 82 Frontage Road
A/R/RD
A/R/RD
The subject property is located in the Low Density Residential (10 and greater ac./du) Area
St]ff]|ti:ld countv comprehensive Plan "frqei, pr"por.a LanJuse Districts Map,
Site Description: The property is a vacant parcel generally located between theHighway 82 Frontage Road *i th. Roaring Fork Riirer th"r" are no dwelrings on
lhe
property on the property. There are fo,i (4) pondso, ,rr. prop.rty that used tobe a part of a private fishing club and a recently fifled pond. There are various
4-8-c-
b-
E.
Hi{'{.!;*'Z)n7, co/u-
ff{;'i,%T*"1.{1t 3nnl
I 6 ' zE' t 5c /n/ ),,r4 -.l/- ot't' ay' ila*r /izc';- ii; - Lo-z 9x:/5n Pa,/a1*/rp-p/rlfu7- CZE- ka-/o + /au,^+
/< - 9 lz tr/a4 taaT A 615't $aYbor-,t 1a,ilcf
Coh. f,a/qrL,j
I.
wetland habitats on the property, related to the ponds and the river. On the southern
boundary of the property is the railroad right-of-way.
Project Description: The applicants proposal is to subdivide a property originally
identified as being 22.6 acres in size and now being 13.964 acres, into two (2) lots
(See plan map /application pgs. I A' t # l. The lois are still proposed to be a.ql +
andT .490 acres in size and will have only single family dwellings on them. Each
ofthe proposed lots has a building envelope in an area of an existing pond, filled by
dredged material from the other ponds. The 4.378 ac. of Roaring Fork Railroad
Holding Authority (RFRHA) right-of-way and a tract separated from the proposed
lots by the river and the RFRHA R.o.w. 4.283 acres, are no longer apartof the
application . It was determined that the RI'RHA R.O.w. is a fee simple title,
resulting in the other piece of property being legally separate already from the rest
of the property on the north side of the railroad. The residential lots are to be served
by water from individual wells. Each of the lots require an engineer designed
individual sewage disposal system. Access will be directly off of State Hwy. 82
Frontage Road, using an existing drive and an additional access easement that
crosses over an adjacent property owned by one of the applicants to widen the
easement to meet the minimum right-of-way standards for such a road.
III.MAJOR ISSUES AND CONCERNS
Zonrng: Each of the lots proposed meets the two (2) acre minimum lot size required
for lots in the A/R/RD zone district. The lots do contain very specific building
envelopes, located in the area of the filled pond.
The application states that there will be two building sites created as a result of this
application. The well permits indicate a single family dwelling with an attached
caretakers writ. The applicants have stated that there is no intent to place a caretakers
unit on either of the proposed tracts.
Comprehensive Plan: Until recently, the recommendations of the Comprehensive
Plan were only advisory and carried no legal weight as a basis for a decision in a
standard subdivision that meets the zoning resolution requirements. In Larimer
County vs. Conder, the court determined that the recommendations of the
Comprehensive Plan can be used as a basis for approving or denying a subdivision,
even ifthe zoning resolution supports the application. One ofthe requirements noted
in the decision is that the Subdivision regulations must include language requiring
compliance with the Comprehensive Plan. The Garfield County Subdivision
regulations in Section 4:33 does require "conformity or compatibility" with the
Garfield County Comprehensive Plan.
B.
A.
B.
2
One of the most significant issues addressed in Conder, that is subject to the most
controversy is the applicability ofthe land use designations in a Comprehensive plan
and the enforcement ofthose provisions over the underlying zoning.
-The
applicant,s
planner has presented an argument that the designation ior ttre prop.rty'i. -opappropriately the medium density residential (6-9 ac.ld.t), rather than the low
density residential (10 ac. /d.u.). He also notes that the Comprehensive plan is only
intended to be advisory in nature by the language contained in the document. Staff
acknowledges that the language in the Comprehensive Plan does state that the
document is advisory, but this was based on the legal precedents in existence at timethe Comprehensive Plan was adopted. Conder supercedes those precedents and
arguably negates the.language in the plan, particularly given the pieviously noted
Subdivision Regulation language requiring "conformiry or co-putibility,, with the
Comprehensive Plan. Staffcan identifr the location of the property in relationship
with the proposed land use districts and can within a reasonable level of accuracy
identify the property as being within the "low density residential" density area. The
determination that needs to be made is general conformity with the Comprehensive
Plan. All of the lots are over 2.0 acres each, which is consistent with the underlying
zoning minimum lot size, but not consistent with the recommended low densityresidential. The applicant's planner has made a number of statements based upon
"minor" constraints, as opposed to the "major" constraints identified as being a basis
for the low density residential determination. Staffs response to the statements in the
application are as follows:
Soil Constraints: Staffwould argue that any time an engineer design is required, due
to unusual soil conditions, that the constraints due to soils is significant, therefore a
"major" constraint. Ifwe were accept the argument presented, there would only be
"minor" constraints, since in theory, any problem can come up with an engineered
solution. That, of course, assumes that money is no object.
ISDS Constraints: Again, an engineered system is required to deal with the unusual
soil conditions, due to the fill. Staffnotes that there may be other issues related to
the use of ISDS, that will be discussed in the section Lf Urir report dealing with
sewage. Stafl feels that any soil requiring an engineered ISbS is a "riajor"
constraint.
Floodplain Constraints: Staffconcedes that the property is outside of the 100 yearfloodplain' This is due to the property being on-filimaterial. The applicant's
geotechnical engineer notes that the bank separating the pond that was nUea for tfre
construction is not strong enough to support structures. Staffquestions, whether ornot the bank is stable enough to with stand the scouring action of flood waters,
should the Roaring Fork river change course during a flood. While there is no
identified flood threat, the closeness to the river of the houses, on fill. would indicate
a potential for problems. This would arguably, be a "moderate" constraint.
Land Use Considerations: Staff concedes that Road conditions and Distance toUrban Uses are minor constraints. In terms of Land Use Compatibility, theresidential use is consistent with many of the nearby ana aaioinirrj'tots.
Infrastructure Needs is non-existent in terms of impacts to existing systems. If thesystems were available, it would be staffs opinion that a connection to a central
sewage disposal system would be appropriate. As a group, these areas are minorto moderate considerations.
It is staffs opinion that the physical criteria and the "major" constraints associatedwith these criteria, a reasonable basis for the "low densifr residential" designation.whether or not the applicant's density for the prop"rty is based upol tir" ur"uidentified by deed or the proposed lots, ress the RFRHA n.o.w. and hillside, is theissue by which compatibility with the land use map designations. If the p.op..tyoriginally included in the application were considered a pai of the determinatior, th.proposed subdivision could be found to be compatible with the land use -.p. ihi,property was 22.0 acres and the gross density of the project would be one (r; a..,.t
1 1'0 acres. Since the RFRHA ownership is considired a fee title, the p.op.rty i,already split and the subdivision is 13.9 acres or an average density of one (1)
d'u'16.95 acres each. This would be consistent with the medium density designationproposed by the applicants planner. There is the additional argument that tt.." ur.lots in the area that are less than 10 acres in size and have submitted a copy of themap for the area that shows only the lots to the east of the project. Siatr hasdeveloped a GIS map that shows that there is a significant portion of the properrywithin a mile of the project that are in excess orten 1to; u.r.r. (See map p;. _ii)Many of the lots shown on the map were created in small increments^tfrri,rfr-tfr"
exemption process, which required very little analysis of the cumulative impa-cts ofsmall lots on the floodplain and ground water through the use of ISDS.
In addition to the Land Use Districts Map designations, the Comprehensive plan
contains a number of goals, poricies and objectives applicable to the proposed
subdivision. The following discussion focuses on the appiicable sections orur" pt*,
HOUSING
Goal - To provide all types of housing that ensures current and future residents
equitable housing opportunities which are designed to provide safe, efiicientresidential structures that are compatible with and that protect the natural
environment.
Staff Comment: The applicant identifies the proposed sites as being unique building
sites on which riparian areas are preserved. Siaffwould contend tfrat me gnique sites
are being placed in a unique location, adjacent to the river, that represent a potential
water quality problems and require expensive engineering soluiions to place the
houses on the lot. These lots will represent expensive, high income lots.
TRANSPORTATION:
Obiective 3.3 Proposed developments will be evaluated in terms of theability of county roads to adequately handle the traffic generated by theproposal.
Staff Comment: Staffagrees that the transportation issues are minor in the case ofthis proposed subdivision.
Goal - Garfield County Should provide adequate recreational opportgnities forCotlrty residents, ensure access to public lands ionsistent with gfNriruSfS policies
and preserve existing recreational opportunities and important visual corridors.
Objective 5.1 - Encourage the location of active recreational opportunities that areaccessible to County residents.
Objective 5.4 - Rafting and fishing access will be strongly encouraged during thedevelopment review process.
Policy 5'3 - If physically possible, subdivision and PUDs will be encouraged todesign open space areas to become contiguous with existing and p.opor"jop"o
spaces adjacent to the project.
Staff Comment: The proposed development meets the previously noted objectivesand policies in terms of the proposed dedication to RFRFIA. The recreation
opportunities created as a result of the dredging of the ponds is only a benefit to theapplicants, since the ponds have always been and wiliremain, private.
OPEN SPACE AND TRAILS
Goal - Garfield County shall develop, adopt and implement policies that preserve therural landscape ofthe Roaring Fork Valley, existing agricultural uses, wildlife habitatand recreational opportunities in a mutually beneficial manner that respects the
balance between private property rights and the needs of the community.
Staff Comment - The_applicants have proposed to dedicate the property south of therailroad to MRFIA. If RFRHA develops atrail along ttre right-of-way, the dedicatedland may provide an altemate access to BLM p.op".ty *J*r. river,s south side.
5
C.Soils/Topography: tncluded in the application is a ctrrent geology and soils study
done prior to the dredging of the old ponds and frlling of the ,.River pond,,. All ofthe report is speculative, based upon a number of ass=umptions and minimal testingof the site, prior to the actual placement of the fill. The engineers state, ,.the
conclusions and preliminary recommendations submitted in thi; report are based
upon the data obtained from the exploratory bores drilled at the locations indicated
on Fig. 1, the assumed type of construction and our experience in the area.,, The
applicant submitted additional statements from the enginier stating that the proposed
"pile foundation is feasible,,.
Road/Access: The proposed lots will have a single access point to the Highway g2
frontage road which is an access, shared by two adjacent rrrid.r"".. The alpficantspropose to improve the common use section of the roadway to two 8,widi drivinglanes, consistent with the Semi-primitive road standard required for 3 to l0dwellings. It is proposed to expand the right-of-way to 40' as required and meet the
other requirements for ditches and shoulders. Cross sections were provided as a partof the plans to evaluate these criteria and as required by Seciion 4.93 of theSubdivision Regulations at the last pranning commission meeting.
Lot2, the westerly lot will be provided a 25' easement across the adjoining property
owned by one of the applicants. It is proposed to be a 12, wide,gaveled-drive^. As
a driveway, it is not subject to the County Subdivision regulation road standards.
Water: Enclosed with the application are two approved well permits for,.ordinary
household use inside one (1) single family Owetting with an attached caretaker
apartment and the irrigation of not more than 6,000 sq.ft. (0.14 ac.) of home
gardens and lawns". These well permits were issued based upon WaterAllotment
contracts approved by the Basalt water conservancy District.
The applicants had Zancanella and Associates, Inc., review a pump test done by
Samuelson Pump company, on a well on the applicants, property. It is not clear
from the letter, whether the tested well is on an adjoining property or is supposed to
!'e on9 of the two proposed wells. The location discription is not consistent with the
descripions noted on the approved well permits. Regardless, the well test indicates
that there is reason to believe there is an adequate physical amount of water available
in the area and the approved well permits provide documentation of the legal right
to the water. Prior to any Final Plat approval, all of the wells will need to Ue aritiea
and the following documentation provided:
1)
2)
3)
D.
E.
That a fow (a) hour pump test be performed on the well to be used;
A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static wateilevel;
The results ofthe four (a) hourpump test indicating the pumping rate
4)
s)
6)
in gallons per minute and information showing drawdown and
recharge;
A written opinion of the person conducting the well test that this wellshould be adequate to supply water to thenumber of proposed lots;An assumption of an average or no ress than 3.5 p.opG per dwelling
unit, using 100 gallons of water per person, per dry;
The water quality be tested by an
"ppro*d testing raboratory and
meet State guidelines concerning bacteria, nitrates, dissolved solids
and is deemed fit for human consumption.
F.W: The applicgJs are proposing to use krdividual Sewage Disposal systems(ISDS) for both of the lots. Percolation tests were performed by the appl-icant,sgeotechnical engineer, after the pond was filled. The percolation tests indicated thatconventional ISDS are feasible, in the ,,upper, arier hu soils with proper derigr.,,The-applicant's engineer reviewed the information and recommended that the leachfield be of the "mounded Bpo", due to the potential for high ground water and theneed to place the field on fill material. Whil; the applicant's engineers note the needto meet setback requirements, staffquestioned whether or not trri uuitaing envelopesare-going to be large enough to accommodate the residential structures, Jeptic tanksand leach fields. A leach field has to be 50 ft. from any water course or pond, 100ft from any well. There is an additional 8 ft. of setback for each 100 gallons ofdesign flow over 1000 gallons. The applicants submitted a site plan, thart shows aproposed house and septic system layout meeting these requirements at the lastPlanning commission meeting. (See enclos edpg. Jo_) A 1000 gallon septictank allows for a maximum of three (3) bedroo-ms. il-this limit is aiceptable, itshould be noted on a plat.
Fire Protection: The applicants propose to use the remaining ponds for fre protectionpurposes' The Carbondale & Rural Fire Protection Distr[i ugrr", that this will beadequate.
Floodplain: Staff acknowledges that the proposed lots are above the identifiedfloodplain, but they are placed on an artificiar nir. The geologic report is based ufonbores into the fill embankments surrounding the old por'a. Tire applicant,s engineernotes that the proposed sites sit above the 100 year flood elevation and does not feelthat there is any real threat from flooding. Staffhas seen a sudden change in thecourse of the river during high waters in the early 1980's, that resulted in-a directthreat to a residence due to scouring. The floodway is identified as being adjacentto the embankments, but only four (a) ft. berow the top of the embankment. This isan example of the river being a nice setting most of the year, but no real concemabout the potential hydraulic action that occurs during a fiood event.
G.
H.
I.The following issues will need to be included in the covenants of the proposed
subdivision:
1.one (1) dog will be allowed for each residential unit within a subdivision andthe dog shall be required to be confined within the owners property
boundaries. The requirement will be included in the protective covenants forthe subdivision with enforcement provisions allowing for the removar of adog from the area as a final remedy in worst cases.
No open hearth solid-fuel fireplaces will be allowed anywhere within anexemption. one (l) new solid-fuel burning stove as defied by c.R.S. 25-7_
401, et. seq., and the regulations promurgated thereunder, will be allowed in
any dwelling unit. All dwelling units will be allowed an unrestricted number
of natural gas buming stoves and appliances.
control of noxious weeds is the responsibility of the properfy owner.
All exterior lighting be the minimum amount necessary and that all exteriorlighting be directed inward, towards the interior of the subdivisiurw(rrlr, Lrrw.lrus urv ulterlor or Ine subdrvlslon, except
that provisions may be made to alrow for safety lighting that goes beyond thebeyond theproperty boundaries.
All residential construction will be consistent with the Colorado State Forest
Service (CSFS) recommendations for construction of homes contained in the
CSFS publications "Wildfire Protection in the Wildland/Urban Interface,, and"Model Regulations for protecting people and Homes in Subdivisions andDevelopments.
Garfield county has adopted a "Right to Farm,'provision in the Garfield
county zonngResolution in Section 1.0g, which rtut., urnorrg other things,
that "residents and visitors must be prepared to accept the activities, sighls,
sounds and smells of Garfield county's agricultural operations as a normal
and necessary aspect of living in a countywith a strong rural character and
a healthy ranching sector.
J.Other Comments:
1' Colorado Geologic Survey: Based on the documented geologic constraints,the Geologic survey agrees with the IIp Geotech report andrecommendations. After a conversation with stafi the CGS still agrees thatgeotechnical investigations of the actual fills will need to have further
investigation, ifthey are to used for structural support. They do not see any
2.
3.
4.
5.
6.
3-
4.
5.
6.
geologic constraints that would prevent development, if the propergeotechnical design is done. (See letter pg. l-7*'l* l'
Division of wildlife: Enclosed are letters noting that there will be a loss ofcritical habitat as a result of the dredging and filltg activities. A number ofrecommendations were made regarding silt fencing, dog restrictions andnotification ofproperty owners ofthe-potential problJms tiat can be createdby indigenous wildlife. (See pgs. /Q- At )
Roaring Fork School Dishict RE-l: The enclosed letter requests a school siteacquisition fee be collected as a part of the subdivision aiproval consistentwith a formula adopted by the District. (See pg. eef'
: The Departrnent provided
no written comment, which is technically approval of the proposed methodof sewage disposal.
Colorado Division of water Resources: Based on the information providedto the Division, stated that there will be a legal and adequate water supplyavailable for the subdivision, provided tfral the water all,otment contract isproperly maintained.. (See letterpgs. 2l I
IV.SUGGESTED FINDINGS
A.
B.
fhatfte proper publication, public notice and posting were provided as required bylaw for the hearing before the Board of county coninissioners; and
That the hearing before the Board of County Commissioners was extensive andcomplete, that all pertinent facts, matters and issues were submiued and that allinterested parties were heard atthathearing; and
That the proposed subdivision of land is in general compriance with therecofirmendations set forth in the Comprehensive Plan for the *h.o.po. ated, arcaofthe County; and
That the proposed subdivision of land conforms to the Garfield County ZonngResolution; and
!t1t {t data, surveys, analysis, studies, plans and designs as are required by the Stateof colorado, and Garfield county, have been submittld and, in adiition,
-have
beenfound to meet all requirements of the Garfield County Subiivision Regulations.
C.
D.
E.
9
V. RECOMMENDATION
The Planning Commission recommended APPROVAL of the proposed subdivision based
upon the fact that the propefiy is adjacent to the Waldorf School and the lots are in a cluster
configuration and subject to meeting the following conditions:1. All representations of the applicant, either within the application or stated at the
public hearings before the Planning Commission shall be considered conditions of
approval unless otherwise state by the planning Commission.
2. Within one (1) year of central sewer being available to the property, all lots will enter
into agreements with the sewage system owners and connect to the sewage treatment
facility.
The applicant shall pay applicable School Site Acquisition Fees for the new lots,
prior to the approval of the Final Plat.
No accessory dwellings, guest houses or caretaker units will be allowed on either
property.
Prior to Final Plat approval, a well pump test shall be performed demonstrating the
following:
1) That a four (a) hour pump test be performed on the well to be used;2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;3) The results ofthe four (a) hour pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge;
4) A written opinion of the person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;5) An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;6) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria and nitrates.
A set of covenants will be submitted to the Courtypriorto the review of the BOCC,
that demonstrates the proposed method of managing the common elements of the
subdivision, particularly the water supply and road maintenance. At a minimum, the
following language will be included in the covenants and as plat notes on any Final
plat:
A. One (1) dog will be allowed for each residential unit within a subdivision
3.
4.
5.
8.
10
B.
and the dog shall be required to be confined within the owners property
boundaries. The requirement will be included in the protective covenants
for the subdivision with enforcement provisions allowing for the removal
of a dog from the area as a final remedy in worst cases.
No open hearth solid-fuel fireplaces will be allowed anywhere within an
exemption. one (l) new solid-fuel burning stove as defied by C.R.S. 25-7-
401, et. seq., and the regulations promulgated thereunder, will be ailowed
in any dwelling unit. All dwelling units will be allowed an unrestricted
number of natural gas burning stoves and appliances.
Each subdivision shall have covenants requiring that all exterior lighting be
the minimum amount necessary and that all exterior lighting be directed
inward, towards the interior of the subdivision, except that provisions may
be made to allow for safety lighting that goes beyond the property
boundaries.
All residential construction will be consistent with the Colorado State Forest
Service (CSFS) recommendations for construction of homes contained in the
CSFS publications "Wildfire Protection in the Wildland/Urban Interface" and
"Model Regulations for Protecting People and Homes in Subdivisions and
Developments.
Garfield county has adopted a "Right to Farm" provision in the Garfield
county zonngResolution in section 1.08, which states among other things,
that "residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal
and necessary aspect of living in a County with a strong rural character and
a healthy ranching sector.
Control of noxious weeds is the responsibility of the property owner.
Building locations may be subject to geologic and hydrologic hazards. All
structures shall require the submittal of an engineering report addressing soils
and geology conditions, foundation design and drainage prepared by a
shall be designed by a registered I engineer. All site development,
including building construction,be conducted in accordance with
D.
C.
engineer's stipulations."
That a copy o f any Final Plat be
formatted computer disk for transfer to
E.
F.
G.
7.in both graphic form and on a properly
County Assessor's records and GIS.
\ a+-a L,t f-4-<,fw&,,.1,L-.>
-1 +9''n't't't-'"Lq'+'tr^S /U/fu;^)1l"V;t /-^- /J 16*1
ii"', %6' ilo' /JB /5t"'
A
(*u-
11
M/p,tl,
,,fl,/ ,l +i 's ' , u'
/-, t:.1,r--
registered professional engineer.individual sewage disposal systems
LAND DESIGN PARTNERSHIP
e 1 I c"%%1',"1';'03';ilTi':3ll$a3." I 1 60 1
June 17, 1998
Mr. Mark Bean
Director of Planning
108 8th Street
Glenwood SPrings, CO 81601
Re: Englund/Moore Preliminary Plan
Dear Eric:
Attached herewith is a revised preliminary plan subdivision application form for the
gnglunO/Moore Subdivision with a revised iegal description for the boundary of the
subdivision and a legal description for an access easement that is located outside the
boundary of the sublivision. The revised boundary of the subdivision will invalidate the
original public notice. The Applicant is proceedingto republish a notice for a public
nelring on July gth, the date'to which our originallpplication was continued to by the
planning and Zoning commission. The publi-cation.deadline for the July 8th neeting is
tuesOa!, June Zg. itre revised plat drawings will be provide to the County by
Tuesday, June 23th.
The revised legal description excludes the land south of the railroad right-of'way. Don
DeFord raised a question as to the appropriateness of including this tract in the
subdivision since the railroad has afrliAi created this southerly tract as a separate
parcel from the rest of the property. The most expeditious solution was to follow Don's
recommendation and to rebuOlishitre public notice based on the new boundary
description and the description of the proposed access easement'
The revised subdivision now contains two single family residentiallots The lots are
6.414and 7.490 acres in size. This is a grosi density of one dwelling per 6'98 aclgs'
No accessory dwelling units are requertel. Afthough it has no technical relationship to
the revised subdivisio-n, the Applicant still proposes to dedicate the land south of the
railroad to the rail authoritY'
The proposed lots are not inconsistent with existing lots in the area. Attached is a copy
of a portion of the county Accessor's map that reflects the general.size of lots in the
area relative to the two proposeo lots. When all factors arJ considered, we believe that
the proposed subdivision is appropriate and consistent with the character of
development in the sunounding "i"", even though it may not be in strict compliance
with alt elements of the Comprehensive Plan'
- /)_-
lf you have questions or require any additional information please contact myself or
Luther (Lou) Moore.
Sincerely,
Ronald B. Listonfu{ry
-/3 -
I
€!^Lfrc
\
9d\3\,\
$t
o,orc
e
>-
Roio
B
(o
\At\ttDe
s-;\
l.
@
t,
a
oo
I
- )v-
t,
@
@t.t-
la
l=
ra\lul
@
o
@
e
/,
@ 3,eo
os
@
ir g
@
$
q
I
Ns
il
Nh
$
$
as
d
iN
Ni\
Srtt\
pl.ool4l
TTXD DEIGX PABfXERSHIP
9l€ cooo!. avc.
Glcnrood So.ingr, Cg 81601Ph 970-9.!-22a6 For 945-a066
H
1
: - TENCEUNElrl ltw.l
Englund /Moore
SKETCH PLAN
or TcH(m.).
' 6Jro
-lb-
8X 515
PG 6rr-tr2
rt1! JUN-a2-ea aE:sa AH coLo-GEo-suRV.rUfifrU!Y
303e942L74 P. AL
STATE OF CCLOBADE
COLORADO GEOLOGICAT SURVEY
Divisiorr of Mincrals .rrrd (icolopy
Ocpanment ol Nattrral Rt'stlutccs
I )11 Sherm;lr Strcct, Room 715
f)srrvcr, Colorlrdr.r 80f Ol
Plrone (10-l) 0(16-26 1 I
l-Ax (301) E66 2461
Junc 2, 1998
Mr. Mark Bcun
Post-iti Fax Noto 7671 oare g/2 lrdiL /ro fil**- l?r""o,*Fton --2'n L^z["''le
Co/D€Pl.co. ffi9
Phoncr qI s- 7 7gg *ont'*.,-3 fi7/')-/6 7
Far I For t
DEI'AI(I MENTOF
NATUITAL
RESOLIRCES
Rriy Rttntct
(icrsernnr
l,rrrr.,. S. I or hhcarl
Lrur lrlr\(' I)itq(l',
,\h< lrrrr:l li. LunH
I )rviritrtr I )trtr lqrr
Vr( ht Crr\lJrl
5t;llI Cjsol.,Airl
.rrrl l)itslur
Carlield County Dcpartnrent Buikling and Planning
109 8rh Strcct, Suitc 303
Glenu,ood Springs, OO 81601
RE:EnglundMoorcsubdivisionGcologicllazardRcvicw
Dcar Mr. lJcan:
Basc,d o, o*r convcrsa(ion Moptloy, Junc l, 1998, I rvcruld like to clarily and cxpotlnd on our
rcvicw rlatcd May 26. 199g. As statcd inii,uii.nr.l'ririsoflicc hasrevic'rvcd the I'rclinlinary subsoils
Study hy Ilp Geotcclr datetl March 3 l, l99E and w-c gcncrally concur with its contcnt. we agrcc tlrat thc
backt-rll antl cnrhnnkmerrt nratcrials arc unsuitirblc for-residcniial structurc supPo-rt.!' l.atcr statetlcnts werc,
..|'rovidetl rhc dccp ltxrndatiorr ancl nroundeJ rype septic systenls rcco,T,,l',endations arc complicd with tbr
this .sitc. this office rinai itn other nrajor g.r,toiic lrazartli that would prccltrdc dcvclopmcnt'"
Our statenrcrrts trbove prcsume adtlitional site-spccific soils work will bc donc' Sinse thc
backlilling has already occurrecl, sitc spccific gcotcchnicit invcstigotions witl b-91c1t1i1ed.to dc'tcnttire
minir,um bearing clcvariqns of tlrc deep fountlltions and thc engirricring properties of tlre backfill' wc
havr: presrrurcd that tlc..i'iounclariuns'*iiilr. rlesigncd-besaus;'we hivc no inlbrmation whethcr the
backlill was propcrly pla.:cd antl cornpacted structu-ral fill, us rcquired in thc.preliminarysubsQils stutly
to c.nrer,ptatc shaltow foundutions ryrt.*r. Erciittru,,gt, thc.rcsitlenccs witi bc tbuncletl on dcep pilcs
bcari'g on thu. packed rivcr gravcl, b.to*, .nit, enginc&ing data is still rcquired of thc buckfill rvhcrc
concrctc flar work and pavcmcnts are corrtcrnplutecl.
-Trcsc niaterials, if not-plat:cd.as enginccrcd fill, will
be soft. saturared, nnU fin*.itty cr.rmprcssitllc, and likely rcquire a period ofconsolidotion or surclrarging
irl,ri tL construitinn.'provi<icd thc enginec:ring and invesiigatioirs tasks etrc dotte propcrly wc fintl no
conrlitions that wouId prevt:nt dcvtrlopment.
lf ygu havc any tluestiolts plcasc colltact this oflice at (303) 894-2167 '
Sinccrely,
[re__-a_:_
Jonathan L. Wh
Enginec'ring Ccologist
#F
- l1-
STATE OF COLORADO
COTORADO GEOTOCICAT SU RVEY
Division of Minerals and Ceology
Depa(ment of Natural Resources
1 31 3 Sherman Street, Room 71 5
Denver, Colorado 80203
Phone (303) 866-2611
. FAX (303) 866-2461
May 26,1998
Mr. Mark Bean
Garfield County Department Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
GA-98-0025
E:lr4I
DEPARTMENT OF
NATURAL
RESOI.'RCES
Roy Romer
Covernor
lames S. Lochhead
Executive Director
Michael B. Long
Division Director
Vicki Cowan
5t.rte CeoloBist
and Director
RE: Englund/lVloore Subdivision Geologic Hazard Review
Dear Mr. Bean,
At your request and in accordance to Senate Bill 35 (1972) this office has reviewed the materials
submitted for this proposed subdivision. A site inspection was conducted on Mray 20,1998. The site lies
on river alluvium near Highway 82. Proposed residences are planned where ponds have been backfilled.
This office has reviewed the Preliminary Subsoils Study by FIP Geotech dated March 31, 1998 and
we generally concur with its content. We agree that the backfill and embankment materials are unsuitable
for residential structure support. ISDS design must also be engineered on a site specific basis. Shallow
ground water may be a concern so engineered, non-conventional, systems will be required. Provided the
deep foundation and mounded type septic systems recommendations are complied with for this site, this
office finds no other major geologic hazards that would preclude development. As stated in the Subsoils
study there is low risk of potential bedrock dissolution and subsidence of the Eagle Valley Evaporite
underlying the river gravel. Potential lot buyers or builders should be made aware of this risk.
If you have any questions please contact this office at (303) 894-2167 .
Sincerely,
ML/ Jonathan L. White
- 18-
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
i,
joi.i,.i i ;r iI.rS ;iii
.i i* i:D L{-rL;..-_-- .,*.,L,;i!qfiffElo -{#{TY
',f'r".BF..r
Since Iy,
nw
Manager
- lq-
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive DirectorWILDLIFE coMMlSSloN, Arnold Salazar, Chair o Rebecca L. Frank, Vice Chair o Mark LeValley, Secretary
Louis F. Swift, Member o Bernard L. Black, Member
Chuck Lewis, Member . John Stulp, Member o James R. Long, Member
DIVISION OF WILDLIFE
AN EOUAL OPPORTUNITY EMPLOYER
John W Mumma, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1 192
5-14098
Garfield County planning
109 8th St., Suite 303Glenwood Springs, CO 81601
Distri
Car
Dear Mr. Bean:
r refer you to my past letter to you dated 1,2-3-gz regarding theEnglund/Moore subdivision. the only additional comme;t I hive isthat the property ohrners do need to obtain a private lake licensefrom the colorado Division of wildlife. certain requirements ui"associated with this to prevent disease transmission- to the fishin.natural systems such is Blue creek ana tne n"iii"g Fork River.This ricense needs to be obtained prior to any fish Jtocring: -
r have incruded a copy of my past retter for your convenience.Thank.you for the opportunily-to comment. rf you have anyquestions, please give me a call.
t
ildlife
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EOUAL OPPORTUNITY EMPLOYER
John W. Mumma, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1 192
L2-3-97
Garfield County Planning
109 8th St., Suite 303
Glenwood Springs, CO 81601-
Dear Mr. Bean:
The Englund/Moore property is mainly comprised of ponds and their
associated wetlands and riparian type vegetation. A variety ofwildlife species utilize the area including small mammals(beaver, muskrats, raccoon, skunk, coyotesretc. ), song birds, andwaterfohrl. The proposed development area is most valuable towaterfowl. The siltation of the 2 easterly ponds have, in fact,created better wetlands for waterfowl with the variety of wetlandvegetation present.
The property across the river on the steep hillside containswinter range for mule deer and elk. It is adjacent to otherparts of the Crown which contain critical winter range for deerand eIk. The current proposal designates this as open space
which will continue to benefit wildlife.
Impacts to wildlife will result from the dredging of the 2easterly ponds and fill of an existing pond. There will bedirect loss of valuable wetland habitat. Deepening the 2easterly ponds to create a better fishery does not mitigate theloss of wetland and riparian vegetation.
If the proposal is approved as designed, the fotlowing
recommendations wilI help to minimize wildlife impacts:l-. It would be best if there was a no net loss of wetlands.Creating new wetlands on site may not be possible due toproperty line constraints. Investigate the possibility ofcreating wetlands off site to replace those lost2. Maintain wetlands and riparian vegetation south of the
proposed building envelopes and along the river as well as
those along the westerly border and access route.3. Install silt fencing along the south edge of the
development on the bench above the river and associatedwetlands (above the current chain link fence). This fencing
should be in place before any surface disturbance,
maintained throughout the development period, and removedonly after construction is finished and any disturbedsoils/sites revegetated.
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director
WILDLIFE COMMISSION, Arnold Salazar, Chair o Bebecca L. Frank, Vice Chair o Mark LeValley, Secretary
Louis F. Swift, Member o Bernard L. Black, Member
Chuck Lewis, Member o John Stulp, Me-'rber . James R. Long, Member-)o-
4. A11 utilities be buried in access driveways5. Restrict to L dog/horne with a kennel restriction.
Kenne1 be constructed before the C.o. is issued. This wi}l
help minimize irnpacts to wintering wlldlife across the river6. Homeowners be made alrare of problems associated withIiving and building within a riparian zone with the
associated wildlife such as raccoons, skunks, beaver, deer,
and geese. The DOW is not liab1e for damages to property
caused bry these species,
Thank you for the opportunity to comment. If you have anyquestions, please glve me a call.
elY,
KevinDistri Manager
Ca
-a[ -
HAY-29-98 FRI 01r14 Pll ROARINC FORI( SCHOOL DIST FA){ N0, 9709459240 P, 0l
May 27, 1998
Mark Bcatt
Gatticld Courrty Planning Department
109 8th Stree! Suite l0l
Glenwood Springs, CO 81601
Re: Englrrnd/IV[oorc Subdivislon
F)ear Mark:
The following is subnritted in responsc to your request for cotnments on thc linglund/Moore
Suhdivision:
As yon are aware, Itoaring F'ork School District has clcvclopcd a formuta for determining school
sitc larrd dcdication or fees-in-lieu-of land cledication lor rcsidcntial devclopment within thc
district's boutrdaries. The District is requesting caslr-in-licu of land dedication to be calculated
irt accordancc with the attached resolution.
Tlre District recognizes that this land dedication standarcl has not yet formally been adopted by
tlrc County. At tltc Connty's rcquest we are working with Garfield Re'2 (Ritlc) and Garfield l6
(Paraclrytc) in an eft'ort todevetop a common standnrd which can be applicd for all three school
rtistricts. Ttre neces.sary data has beeu collectetl and incorporatcd into Roaring Fork's resolution
(attache<l) and has been provided ro Garlield Re-2 and Garftctd 16. Eaclr of their Boards of
lxlgcntion witl nee<J to arlopt a resolution in support of the tbrnrula. Because we believe tlre
attachctt rcsotution ctoscly approxirnatcs wlrqt you will see in the final resolution, we firc
rcquesting application of ttrc fonnuta described thereitt. We hope to have a resolution lo you
soon for all thrcc districts so that a unifonn land-dedication standard might formally bc adopted
by tlrc Couttty for oll three schooldistricts.
.---fu-.
h inancc [)irector
Enc.
a)-
I-TIIIrrttrrIIItrllttIrttttr
..,':,'.'; .. ., , . ,.
l{AY-29-98 FRI 0l:15 P}l ROARING FORK SCHOOL DIST FA){ N0, 9709459240
EXHlBIT A
Roaring Fork School District RE-l
P, 04
Elementary School
Middle School
High School
Totals
Totalacres per student
Elementary
Middle School
High School
Reasonable
Capacity
550
600
800
Recommended
Acreage'
15.5
26.0
38.0
1950 79.5
+ 1 acre per 100 students+ 1 acre per 100 students+ 1 acre per 100 students
0.04077
Total sq. feet per student 1,776
Recommended acreage for school sites is as follows according
to the Guide For Planning EducAtional Facilities published in 1991
by the Councilof Educational Facility Planners. lnternational:
10 acres
20 acres
30 acres
-)J -
l{AY-29-98 FRI 01:15 PH ROARING FORK SCHOOL DIST FA}( N0. 9709459240
5. Application of the formuta results in thc following suggcsted Land
Dedication Standards:
P, 03
Single FanrilY
Multi-family
Mobilc Homc,'I'railer
870 sq. ft per unit or .020 acrcs
575 sq. ft per unit or .015 acres
1,261 sq. ft per unit or ,029 acrtts
6. At the District's discretion. a developer of rcsidcntial housing may
nruke u cash payment in-lieu of dedicating land, or may utakc a cash paynrent in
combination wittr a land dedication to cornply with the standards of this Resolution. Thc
frrrnrulo to determine tlre cash-in-lieu payment is as lbllowsl
Market value of the tanrt (per ucre) t l.arrd Dedication
Standard * # of units = Cash'in'Licu
For example, for a properly having a markct valuc of $50,000 pcr
acrc and I single family unit on it, thc Paynlct)t would bc:
$50,000 t,020 t I = $1,000
B. NOW. TIIEREFORE, TIIE I}OARD OF EDUCATION OF ROARING
FORK SCTIOOL DISTRICT RE-l RESOLVES as follows:
l. The Counties of Uaglc, Garficld and Pitkin, Colorado; thc City of
(ilcrrwood Springs. Ctllorado; antl the Towns of Basalt zurd Cat'bondale, Colorado
("Errtitics") adopt a Land Dcdication Standard as sct forth in Part A of this Rcsolution.
2. Thc Entitics rcquire land dedication or a payrlent in lieu tlf [.and
cletlication as .specified by the District in responsc to spccific subdivisiolt rcqucsts as sct
forth in Parts A. 5 and 6 above fronr all residential land devclopers.
3, The provisions of this Rcsolution shall servc as tltc gencral critcria
for the iurposition of school fbcs to bc rcquircd of all residential land developers as set
forth in C.R.S. 30-28-101, et seq., as amended, with spccific rnodifications or dcviations
herefrom to be madc as thc District responds to specitic subdivision requests as requircd
by statutc.
4. 'I'his Rcsolution shall be amended periodically by the District to
accurately rcflcct thc studcnt yields existing withiu the Disuict.
-)V-
l,lAY-29-98 FRI 01:15 P}l RoARING FoRK SCHooL DIST FA){ N0, 9709459240
RESOLI.ITION O['THE ROARING FORK SCHOOL DISTRICT RE.l BOART)
OF EDUCATION RE,GARDING STANDARDS FOR LAND DEDICATION ANI)
CASH IN LIEU OT LAND DETIICATION
l99E
N. ,I}ilS RESOLUTION IS PREMISE,D ON'I]IE FO[,I,OWING:
l. Roaring Fork School District ("District") has experienccd annual
stuclcnt cnrollrncnt increases ranging from 1.5% to 6.9% fiorn 1988 to 1997 and
avcraging 4.4% during Lhat timc:
Year Enrollmcnt
t988/89 3301
1989/90 3495
1990/91 3708
l99lt92 3e2l
1992t93 4013
19e1194 428E
r994t9s 4473
l99sl96 4668
t996t97 4737
1997t98 4863
2. 'l'hc District lccognizes the impact of new dcvclopnrcnt on thc need
for public land fi>r new schools and has prcparcd tlrc following forntula to oalculatc a
standard l'or .school land dcdication:
Land arca providcd per student x students gcnerated
per dwelling unit = Land Dedicatiorr Standard
3. Aocrlrding to cunent school site sizc rcconrmcudations and
rcasonablc building capacities, the District has detemrined that t,776 square fcct ol land
per student should be provided lbr future school .sites as reflcctcd in Uxhibit A,
4, The District has deternrined the numbcr of studcttts gcncratcd pct'
type of dwelling unit according to data plovided by TIIK Associates as foll<tws:
P, 02s1;s 1 "t D
Single Family
Multi-Farnily
Mobile Honre, Trailer
0.49
0.38
0.7t
-Jr-
JUN-@1-1998 15:11 DIU UJATER RESOURCES 343 866 3589 P,A1,/A2
gTATE OF COLORADC
OffICE OF THE SIATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Sreet, Room Bl8
Denver, Colorado 80203
Phone 603) E66-3s81
FA"\ (303) 85&).s89
May 29, 1998
Roy llomcr
Cor,emor
lsmee S t-ochhqid
Executiw Direttor
Hal D. Sim6on
State EngincerMark Bean
Gailield County Building and Planning
109 8th St Ste 303
Glenwood Springs CO 81601
Re: Englund /Moore Subdivision
S%NW% & N%SW% Sec. 32, T7S, R87W, 6TH PM
W. Division 5, W. District 38
Dear Mr. Bean:
We have reviewed the additional information submitted in regard trc the above referenced subdivision
proposal, The modified proposal is to subdivide a parcel of approximately 22-6 acres into 2 residential lots of 6.4
and 7.5 acres, with one single family dwelling on each of ttre these two lots. The remaining 8.7 acres is
designated open space/common area and railroad right-of-way. There are several existing ponds on the parce,.
The applicant proposed to provide water through individual on lot wells pursuant to a confict with the Basalt
W?t9l Conservancy District (the District). A copy of the contractwas provided. Sewage disposalwill be through
individual septic systems.
Well permit nos. 49280-F and 49281-F were issued by this office on December 1, 1ggl, pursuant to
contracts with the District. The wells are each limited to ordinary household purposes inside one single famity
dwelling with an attached caretaker apa(ment and the inigation of not more than 6.000 square feet of home
garden and lawns. However, we have not received a Well Completion Report, Pump lnstaltation Report, or
Statement of Beneficial Use for these wells. lf these documents are not receive prior to December t, t g98, tfre
well permits willexpiie and be of no effect.
The April 21, 1998 report by Zancanella and Associates, lnc., indicates that the Englund and Moore wellproduced an average of 7.5 gallons per minute over a four hour period on April 8. 1998. -lf the additional welts
have similar production rates the water supply should be physically adequate.
Based on the above, it is our opinion, pursuant to Section 30-28-136(1Xh)(l), that the proposed water
supply will not cause material injury to decreed water rights, so long as the applicant maintains valid wett
permits, and is physically adequate. lf you or the applicant has any questions concerning this matter, please
contact Craig Lis of this office for assistance.
Sincerely,
\St**
Steve Lautenschlager
Assistant State Engineer
SPUCMUenglund2.doc
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner, District 3g
1ra<b-
H
ent by:WORKCENTERzsO 97O 7O4
'l :nt 1 i:i:.I../;
,i':,-l::,-19!B lE:18
1874
=.r ,fi0RK.CEN I Eh?:;ri ; li:j
SOFPI5 ENGII.EERIirri
12115198 14:19 Job 242 Page 1
\4ark []ean
(iarfield Plannlng
iilg I'h Street.
t-iienwood Springs C() E1601
i'ill: Hnglund/ Moore Subdrvisron
SE Job No.970O6.O2
i )*ar Mark:
'l'his le(ter is written to formally notiry the county of the cornpletion of any rrquirements tbr thc
Ii.,r11lun&Moore Subdivision T have reviewed Rcxolution No. 98-86 and thc access permit ttom Colorrdo
i.rr.:pa,rtmant of Transportation.
i ri tlrr'.: trest of my knorvledgc, the construction of the driveways was completed ln accordance with (he
rril(';nt of the plms that woro reviewcd and approved as part of Rccolution No. 9$ 86.
I!'5.r;u have any questions or need artditional informatir:n, please call-
:)rn(:cfcl-y.
:i(-:IPRIS ENGTNEERING, LI.,C
Ylney Nichol, P.E.
l!rrrject Engineer
/ .4r l.,I:.
502 tlain Street ' Sulte A3 . (1r[ondale, C0 81523 ' (970) 704'0311 ' Fax (929i 204-0-il r i
M,'
4
, l1o,p 0
$oPnls trel[Etntte . llG civil c.onsultunls,
Il.,l,ii.- f'. l:i,.,
Post-it" Fax Not.r,r
104- /074
December i5,1998
i
,r
to
,t4',:!*, *^, *' i':1., y.,r,.,
Oc,.iDept )t.t
l'h0r)c li
F.ex li r j' ,r' .. -- .a , -t /- t>./f:;-1/,,,'';t' 7 ":'o'-
'. "'"
'''#-'
$ent by: WORKCENTER2SO 97O 7O4 1874 12115198 14=20 Job 242
PUmP CO. lilc.
WATER SYSTEMS
SALF:S, SERVICE & INSTALLATION
945-6309
Page 2
SAMUELSOlI
P O. BOX 297
GLENWOOD SPRINGS
coLoRADO 81602
i)ctober 20 r1998
i,()11 Moorc:
r 661 3 IIwy 82
t"l.rrbondale r Co. 81623
A t" t rt; Lou
on october
!r'HSit well on the
\.^", it s c.rbta i ned ,.
9, 1998 a well
Moore property.t-est was c-onducl-ed <rn a newThe following informatior:
WelI Depth- --30,-0"Casing size ( top) ---- 7 , ( stee.l" )Standing water level --7'-9 1/4,,Total test time- -----4 hrs.
Drawdown to at 4 hrs -----8'-8 1/2"Production is greater- 2Ogpm
'Ihis test
j(.| ti.l 1."esL pump.
i l, you have any
:i45--6309 -
,:ii.rrcereIyl
..,t) -ts t
./'.-,,r/ { /,r:;^^" J\.-4.--
t{;,run Samuelson
was conducted wiLh a 3/4 HP 10This well recovered back toquestions please cal I me Raun
gpm Goulds model.
7'- 9" in 1 nr i rr.
SamueIson at
$ent by: WORKCENTER2S0 970 TO4 1A74 12115198 14:20 Job 242
PUmP CO, lNG.
WATER SYSTEMS
SALES. SERVICE & INSTALLATION
945-6309
Page 3
SArlUELSON
P.O. BOX 297
GLENWOOD SPRINGS
coLoRADO 81602
i )q: t" ober 2rJ , 1 998
1.,<.rr.l Moore
1f,613 Hwy 82
("1,r r"'bondale , Co . 81 52 3
Attn; lrou
C)n October(iir9it wel-I on the'#,ils obtained;
9, 1 998 a well testMoore property. The
was conduct-ed on a newfollowing informat-ion
V'lel-I Depth--- 30'..,0',Casing size ( top) ----- *---7 , ( steel )Standing water leveL -4'-1 1/2"il'otal test time---- -----4 hrs.Drawdown to at 4 hrs -5, -4 1/2,,Production is greater- -2ggpm
T'his test was conducted with a 1 I{p 13 Goul.<ls t-est pum[).'I!:.is well recovered back to 4, -4,' -tn 1 min_,-lr.lt:rstions please cal_I me Raun Samuelson at
i:i.i rrcerely I
,-,) _-1- /i>-' ./f- 1---,'l/'n*
h'aun Samuel SOn
If ]rou have any
94s-6309.
January 14,1999
Mark Bean
Garfield Planners
109 8'h Street
Glenwood Springs CO 81601
RE: England / Moore Subdivision
SE Job No. 97006.03
Dear Mark:
This letter is written to formally noti$/ the county of the status of the work required as part of the England /
Moore Subdivision. I have done a field investigation and prepared a drawing showing the existing
driveway and additional work to be done to the driveway. The following is an engineers cost estimate for
the improvements that remain to be done to have a 12 foot gravel driveway to both lots 1 & 2.
CLEARING & GRUBBING
EXCAVATION
CLASS 6 ABC
SUBTOTAL
10% CONTINGENCY
TOTAL
s s00.00
$ s00.00
$ 720.00
$1720.00
$ 172.00
s1892.00
This opinion of probable construction cost was prepared for budgeting purposes only. Sopris Engineering,
LLC cannot be held responsible for variances from this estimate as actual costs may vary due to bid and
market fluctuations.
To the best of my knowledge, all other improvements are completed as required and approved as part of
Resolution No. 98-86.
If you have any question or need additional information, please call.
Project Engineer
502 Main Street . Suite A3 . CarbQndale, C0 81623 ' (970) 704-031 1 ' Fax (970) 704-0313
SoPRls tttclltEIRIltc 11G civil consultants
,LLC
X
\UAV ,V"B2
I
,
.-\-\\- Fl--
Irlt n -
F-.L_ / I
: .t)
t
/i
E lt, ,'
\,t ,
i!t;
f'
!', ,il
l'll,
I
I
xfh
7-1.-J/
t-gr 2 /
./
\,
---- |
ELt V
k;m
,\t\:: -r.-r:,- II,tr/t,
--z'l .-
-I--1\
-
-
l-
a\ el-oro
97006 1 /13/9? SrTE.Dv'rG
5. CL{SS 6 AGGREGATE BASE
COURSE COMPACJED TO 95'
STANDARO PROCTOR
SLOPE VARIES
NOTE
STRIP AII TOPSOIL UNDER NEW CONSIRUCTION'
SCARIFY AND RECOMPACT q.ASS I SIJBGRADE
TO 95T STANDARD PROCTOR
*
I
SCALE: = 4o
addition to anlremedigs available, the Declarant, the Owners of the Property, or the
Architectural Control Committee shall have the right of entry on the Property owned by the
party in violation, and maycure any.deficieqcy or violation ivithout jeop*di of any clilm of
trespass, at the expense of the party in violation.
26. PENALTIES AND EXPENSES OF ENFORCEMENT: LIENS
FOR NON.PAYMENT
If any person shall violate any of the provisions of this instrument or of the
rules and regulations promulgated by the Architectural Control Committee pursuant to this
instrumenl, or causes expenses as to the Developer or the Architectural Conirol Committee as
a result of such violations and./or in the enforcement of these Covenants, including the
expenses incurred in curing any violation or deficiency, and fails to or refuses to [ay such
gxpenses, thetsuch expenses, including reasonable attorneys fees, shall be chargbable to the
-Qy.ntt of the Property on which the work has been done, including interest from the date of
bill!1g at the highest permitted rate for a consumer loan or sale in the State of Colorado, and
shall constitute a lien thereol superior to all other liens or encumbrances, except (a) tax and
special assessment liens in favor of assessing unit, and (b) all sums unpaid on i fiidt mortgage
or first deed of trust of record, including all unpaid obligatory sums aimay be provided b, -
such encumbrances and including additional advances made thereon priorio th-e creation 6f
such a lien.
27.SEVERABILITY
Invalidation of any one of these Covenants by judgment or court order shall in
no way affect any of the other provisions which shall remairi in dtt force and affect. Failure
to insist upon the enforcement of any one or more of the Covenants or restrictions herein set
forth shall not constitute a waiver of that Covenant or any of the remaining Covenants or
restrictions.
OWNERS
DECLARANTS:
-
The foregoing instrument was acknowledged before me on the / ? il day of
l\e-nnbn. ,1998, by Charles E. Englund.
MyCommission exOres;fu
srATE OF COLORADO )
) ss.
couNTY oF EL PASO )
The foregoing instrument was acknowledged before me on the / 14 day of
D-.r 6 - - , 1998, by Kathleen C. Engtund.
My Commission expires:
STATE OF COLORADO
COUNTY OF GARFIELD
)
) ss.
)
- The foresoins instrument was
-{rq/u aZ{ ,refl,by
My Commission expires:
srATE OF COLORADO )
) ss.
couNTY oF EL PASO )
STATE OF
My Commisitxt Eryins llay 05, 2001
,5" /{rlt\
Bocolved: 12l17tg'i 11:1li 71e O27 2299 => WoBKCENTEB25o; fl
T ' DEC-1?-1998 1T:36 RE/MRX PROP. UEST
fto. 70/- /*f4
PRoTEcTIvE COVENATITS OF MOORr-ENGLg,Np,SIIBDMSION
TO WHOM IT IT{AY CONCERN:
Prrt A. BBPAMBLE
On this tlay of 1998, for tho purpose ofprotecting
the prescnt and future pJ6fi-erty values ofi6c pro[@locatod,in Moo-re-Englund
SiiUiiiiJiJrr il G*fi"Id Co*ty, Colorado, the riudersigned onincrs of said property hereby
place the following rostrictionson tho uoo of said properties.
AREA OI'APPLICATION
The residential area Covenarrts iu their entirety shall apply to all of Moor+
Englund Subdivision, in Garfield County, State of Colorado'
Pert B. RESIDEMIAL AREA SOVENAITITS
I. LAND USE, BUILDING TYPE AI{D OCCTIPAIICY
All of the lands above described strall bc used for single-family residcntial
purposes only. No U*iiris*Er, piofession, or other activity,- whether-profit or non-profil' shall
[i'&E,iO diiir *lttrin ani orlfie hnds abov*desc,ribed. No more tfian one dwclling shall be
permitted on any lot as originally platted.
No lot shall bc used ecccept for residential purposes. No building shall be
erected, altered, placed orpermitted to rimain gn any lot, otlier than oue detaohed singlcl .fi*iiv lf**UG hot to eiriiA two stories in height fid a;r attaphcd private garage for not loss
than fivo, nor riore than four, cars. Garages shall be used.ouly for th,e_sQrage.of lotortfi-i";;ilrfior"-tiii, iirri,."ui. Ouages strait Ug used.ouly fortfire-sQrage.of motor
Jetricles'aod o".rrories, and shall not bJconverted to living Cpace. No buildiug stall be
lrartrritfprl rin Anv lni rrnless such huildine he^c been dulv constructed thereon: and the rcmtp.rmittea on any lot unliss suoh building+as bryg duly construct{ thgrconi*d-1hr,T3?,u31
'of dwellines ot'structrues from otherlocations to lots in the p
be permittEd, All buildings an$ oorctruction shau also be in r
rly constructed thereon; and the rcmovi
in the orooertv above described strall t
o be in coirpliance with all applicablc
7L9 32? ?Zfr P.AL
CaitieU County building requiroments.
DWELLING QUALITY Al{D SIZE
No dwelling shail be uected otr any lot unless such dweUing has at least 1,600
square feet of living space]sxclusive of garaga and dect, AII dwellingsstrouldbe of quality
construction and appearance, and shall comply with all applioable Building Cod€ _
requirenrents, as imposed by and required by Gafficld Counly, Colorado. All rooling
rniterislc and UuitOing and ioof coloi sha[ 6e firet approved by the Architcctural Control
Corunrittee before installation.
All resideatial constnrstion will be consietent with the Colorado State Forest
Sewice ("CSFS") recommendations for corstnrction of homcs coutained iu the CSFS
Eecelvecl: 12l17l98i 11 i12i
EC-1?-1998 11:35
71ft 327 22gg => WoBKCENTER25o; flz
RE/]'lRX PR0P. I^IEST ?19 3?7 ?zfi P.@
3. ARCHTTECTUTTALCONTROL.GENERALPROYISIONS
No building, f€Doc, wall or other struct$e shall be cofimelrced, e-rected or
maintaiued on thc Proi;6i n# strntany addition, chango or alteration thorcto,-be madc until
iii;';l*;-*iisiloinca:tioris'strowing thirratrue, kiid, shEpe, heigbt, matcrials, location and
uiiffximiteli"t of such Etructue;6r the additions, ohanEos or altsrations thereto, end the
s;ififfi;il;iiilE a, be built ripou, shall havc been suuml1tgn to 1od approved-in writing
f,v-11lg"fit it"rtural Conbol Comniittel. The Comnrittee shdllave thc right torcfttsoto
oip.u. *y such plsDs or specifications or grading plan, including final grado elsvations
|.iffi;h *;ri"i ruiiiUtJoi diiirable in is opiiion foliesthetic or other rcasons, in conformance
",itti*oscific orovision of these Coreuanti, and in so passing upon such plaru, spccilications
a*,**lirimu,;t*H5,*'#*?i'f-11*","'T',',fl #fi iii'tl?ff itT[]1r,":
unon which itis proptsedt" d;rt tnirrrrrr, *a tba trarmouy of the extemal appearance with
tlie suroundings-and the other buildinge in the arca
Once tho plans and specilications fol a pa4iculg type of strrrcture have beon
aoorovod Uv rrre arcilitejttrrA Contiot Committog it sfratt not be irircessary to-resubmit plans
ilf,rprrfidations for approval prior to building substartially ttrg qqp tlpe of structurc on
ilti-it;l;I inini ruta-iilrioqphvidcd, howcfu, the ownen or buildirrg-theteof shall submit a
Gi;f .d;g* 6 itt"pi*r aidspecifioitions origiDslly approvcd, and idcntical tcsidences
shall not bCin closs proximity to ach other.
No buildins partially or completely finished, or of a Pel$?n9qt n^1tue urrt
located elsewherc, may ba riroved tb or placed upon a lot, or-portion of a lot, ln trrlg
;bdil.iil. i6 r;.iiAiG;;.ti, f.rdof othcr siucturc stralt'ue commenced,-e,tected" nroved
il66;A oh-a tot, or ffrUon'thereofl iu this subdivision uuless constnrcted of nelv
materials.
AII exterior tiehting shall be the minimum amount neces6ary, and all ort'erior
lishtine be dirccted in;;d,-tfi,iis thc iuterior of the subdivision,-erl,,oryt that provisions may
i8*"a"r to;U;; Ib-"fetylighting that goos beyond the propcfi boundaries
, 4. ARCHITECTUNAL CONTROL COMMITTEE
The Architectural Conhol Committce is composed of Luther Moore of 16613
Highway 82, G;helaCo-,y;Colorado,-and q:barlesE. En!{und of 980 Pico Poing Colorado
SpfiritC":t'riado, 80906. A-majgrity of the Committee.may dgsignate a representative to act
diit."6 tre evenfof death ioufitity to perfonn, reuroval or rosiguatiou of any member of thc
Committee, the reinaiuing member ormemberc shall have firll^authority to designate a
i*-Gii't' NCfthtthe mEmbersof the committee, nor its designated reprcsentativq shall be-
eniiheaio u,y compensarion or serrricesperformed pursuant to-this Cov-euant. At any pd all
times, the thecr reco.d ownors of a majority of the lo-ts subject to thcse Covenants shall havc
ttre power, throueh a duly recorded wif$en iDsEunxcfi, to change the membership of the
Corirmineb, or tiwitMriw from the Committee or restore to it any of its powers qrd duties.
The Declarant and the mcmbers of the Architeatural Control Comnrittee shall not be liablc to
any pErty whatsoever for auy aot or omission, unless the act or omission is in bad faith and
amounts to a ftaud.
Bocolvod: 12117tg'i 11i12i 715 327 22gg => IyoBKCENTEflzso; t3
DEC.1?-1998 11:3? RE,/I"1FIX PROP. UJEST ?79 32? ur99 P.A3
5. PROCTDURE
Upon prcsentation oftwo tetr ofplurs and specifications for approval, and an
address to which approval or disapproval may be maile4 the lot o\f,rer shall be issued a
reccipt by the ^lrcliiiectural Contbi Committee memberbr its authorized agent who rcseives
the sime, which receipt shall state the date, the documcnts aud othcr itsms r€coived, ud be
signed by both the owner or his agent and for the Committee by thE individual issuing the
rccipt.
The fuchitoctural Contrrol CommiUee's approval or disapproval, as required in
these Covenants, shall bo in uryiting. In tho event ths Commineo or its dcsignatod .
ropresontative fflils to approve or &sapprove within thirff (30) days E^frer plans and
specilications have been sub,nritted to it or if no suit to gnjoin the conatnrction has besr
oommcuced prior to the completion thereofi, approval will not be rcquircd *d thg rclated
Covenants sliatl be deemed ti have been fulgCornplied with. Unot approved, plans shrll be
so signilicd in writing on the plans and specilicatiohs by thg Comsrittee with gr.re set be.rng
relaiiled by the Comfrifiee aoiA tne ottrerbeing rehrnedio the owner. The Architectrrrd
Control C6mmittee's reaDonae shall be decmed to havc bceu oommunicatcd to the applicant
within thlrty (30) days if maile4 postagc E€pai4 to the applicant at the addree_s given by-the
apyrlicant .f ttreiin e of his appli'citiotr-ifiefosited, postsge prcpei{ in the U.S. meil to the
aaarcss given, within a tlirty(fOl day period In adriition tokeeping apprgved.pllry,-th.
Comsritlee snil ano maintiid e iecoid- of the action taken on each fornrally subnrittod
requeeted.
6. MINIMTJM SETBACIG
No building shall be located on any lot nesrm t'o tha fr'ont lot line or nearer to
the rcar lot line or Dearer t6 any side lot line than irny applioable nlinimurn buildins scrback
lioe, which may be shown on the recorded plat or DlvClbpment plan, uor nearer E+ i.
atlovred by auy applicablo City or County ioning requirernent. for ftgpruPose of this
Covenani eaves, sieps, decks br open porches Eliflll uot bc constructed in suc'h mauner as to
pe*ia;y p"rti"r oii building oi a tot to eocroach upon aily ottror lot or requircd setback.
7. LOT AREA AND WIDTII AND BUIIJ'ING LOCATION
No building shall be orested or placed or sny lot which has an area or width
less than is allowed by tlre-approved plat or thd Dovelopmeirt Plan for the subdivision. N_o.lqt,
as s[own on the recofred p6[ or the ipproved Dwelopupnt Plau, shall be fi,uth*r eubdividcd,
provided, however, that this $all not iiohibit thc c9m-bili'lg o{lggs_lo form_a larytr lot or
iots, if sulcr oeu/ loi or lots are approvtd by the applicable Garfield County Plaming and
7.amng authoritics.
Building locatiotrE ruay bc subjoct to geologic and hydrologic hazrds. All
rtructures shall require-the submittal of an engineoririg rcf,ort addressing soile and geology
conditions, foundation design and drainage preparp{ by Cregistcred professional emgineer end
in accordance with the recoirmcadations mntaincd in the tIP Gmtechnical, Iuc., report and
Job No. 1989152. AII individual scwage disposal systenu strall bc designed by a regietered
professional engineer. AII Bit€ development, insludiry building conglruction, shell6e
oonductcd in accordaose with engineeds stipulationo.
Bocelved: 12117196i 1t:13;
DEC-17-1998 11:38
719 327 2299 => IYoRKCENTER25o; 14
REI]'IAX PR0P. I^IEST ?19 3n ?299 P.U
8, WOOD SMOKE RESTRICTIONS
No open heerth solid-fuel fireplace will bc allowod, Onc (f ) ucw solid-fuel
bumiTg fireplace iusert or_stove, which co^mplies with thg reduced particuiate and minimized
emissiors requiremeots of C.R,S. 25-7-401; et Eeg., and the regulatious promulgated
thereunder, will bc allowed iu each dweflins unit. Each dwelling unit will bc allowed an
unrestricted nunrber of natural gas burniug $toves, freplrces, anii applimces.
9. EASEMENTS AI{D UTILITY RIGHT.OF-WAY
Easemeuts for installation and maintEnancs of utilities and drainage facilities
aro rcserred as shown on the recoded plat and Dwclopment Plan. Within thesa eascmeutg,
no stnircturo, planting or other rnaterial shall be placod or pcrmitted to remaiq which may in
Eny manner iuterfere with the installation and maiutcnanoc of utilitics, or which may change
tho dirrotion or flow of drainage channelg in the easomeuts. Tho cassmetrls on each lot shall
be maintained continuously by the owner of ttrc tol excapt for those impmvononts for which
the public auhority or utility oompary is rcsponsible.
10. IYUISIANCES
No noxious or ofusive activity shall b€ carried on upon any lot, nor shdl
snything be douc thereou which may become IIn Ennoyancc or nuisance to the neighborhood.
Refuse piles or other rursightly mlterials or objects ehall not bc allowed to be placed or rernaiu
in opem storage uponprenrisGs or oascmcuts.
Confol ofnoxious woeds is the responsibility of the lot owner.
ll. TRUCI(S, CALPERSI ASID TRAILERS
No trucks. campert, trailers, rocreation vehicles, or boats shatl be stored or
parked within the miuimum sstbaok lines, or ia ttre street right-of-wan and any stored &ucks,
campers, trailers, rccreadon vehiclcs, or boats rtrirst bc within fencing or approval by tho
Architcctural Control Committce.
T2. TEMPORARY STRUCTURES .
No shuctures of a temporary character, tailers, basernent, tent, shaclg sbed, or
Etrqgc, barn or othcr out-building shCll bc used on any lot at any time as a residerce, cithcr
tornporarily or p errnanent ly.
13. MECHANICAL WORK
No mechanical work on urrserviceable automobilcs or other vehialcs shall.be
allowedou tho sheet driveway ol yud se+ No commerrial vchiclc sba[ rcmaitr within
publio vigw on any lo1 or on any stseet overniglrt. For purposes of this restriction, a tlrck
ltauing 3/i ton manufacnueds rating cepacity, commouly known as apickup trrasb shall sot
be dsemed a connnercial vehicle.
14. CLOTHESLINE AI{D STORAGE
No slothcqlino,-drying ysrds, dog runs, soryiep yErd$ wood pilcs or storiryo
areas shall be so locued eE to bc-visitle ftour any stre€t.
Bocsivod3 12l17lSa, 1t:13;
DEC-1?-1998 11:38
715 327 22gg -> IYOBKCENTER25o; #5
RE/]'4AX PROP. UEST
A.DIENNAS
17. OIL AITID MINERAL OPENATIONS
?19 3n m P.6
I5.
No exterior radio, short-wavq comnrunication or television antmna or satellite
dish (cxccpt onc single dieh of not to exceed 18 inches in diameter), or otlcr reception or
trausmission device or facility shall be permitted ttrat is visible from any sitq across the strect
or f-rom any BtrEEt.
16. FENCES
No non-wood fence may be ercctcd, and thc localiou and quality thereof need
be cousistent with the rulcs and regulations as established by the applicabie zoiring authorities
haviug zoning jurisdiction over any of the real property aforesaid in theso covenants. No
fcnciug shall be allowed in the miuimum building setback areas in fnont of a rcsidential
structurq exccpt wood farcing approvcd by the Architcctural Control Committee.
tnnnels, mineral-oxcavations or ihafts be peimitted upoir or in aay lot. No denick or other
strueturc designed for ue in boring for oil or natual gas shall be erocte4 maiutained or
permitted orr any lot. No wind-powortd gcnerator or mill-tlpe device, nor any above or
below ground gas storage tank, shall be crected, mtintained orpcrmitted on any lot.
18. SIGNS
No sign of aoy khd strsll be displayed to thepublic vieu, on any lot, cxcept
one sign for privacy or identification of not moie thau one square foot atea, oue sign of not
tnore than five squarc fect advcrtisiug the property for rale or rent. Ihis docs not apply to any
tcrnpofary signs ercctcd by builders to market homes to be constructed or under consbuction.
19. LIYESTOCK AND POULTRY
No animals, livestock orpoultry of any kind shatl be raised, bred or kept upon
any lot, except that one dog, one cat, two ridiug or driving horses, and one domesticated
houeehold pet may be kcpt, provided thnt tlrcy are not kept, bred or maintained for any
commerpial pulpo6e, and provided that they are kcpt withitr the comfines of the lot, except
when on a leash. Violations of these provisions may rezult in the removal of the auinml fiom
Lhc arca, which is hcrcby authorized.
operations of ury kind,
No oil drillings, oil dovelopment operations, oil rofining, qmrrying or mining
ny kind. shall be uermitted upon or in any lot. Nor shall oil wclls, tanks.permitteilupon ofin any lot, Nor oil wclls,-tanks,
Garftsld County has adopted a "Right to Farm" provision in the Gartield
I Resolution in Secdon 1.08, whioh states, among other things, that. "Resj
shall abids by this pmvision, so lous as it remains in eftccu
20. GARBAGE AT{D RETUSE DISPOSAL
No lot shall be used or rnaiutained as a dumping ground for rubbish. Trash,
garbage or other waste shall not be kept, except in mnitary-contfrners. All tash containerc or
Corurty Zouine Resolution in 1.08, whio.h.states, arnong other things, that. "Residents
strong a healthy ranching sector'. All lot owucrs, tbciiguests aud visitors,
and visitors must be prepared to accept the activities, eights, soriude, and smelts of Garfield
County's agrioulhual operations as a normal and necessary asp6t of living in a County with a
strong nral character and a healthv ranchins sector'. All lot ouale(s. tbcir cuests aud visitors.
Focelved: 1211719O; 1l:14;
. DEC-1?-1998 11:39
719 327 22gg => WoBKCENTER25o; fl6
RE/]'|RX PROP. I^IEST ?L9 32? 2299
21,COMMERCIAL BNTERPRISES
22. IT{AINTENANCE O['FLOWING WATER SI'PPLY AND POIYDS
other equipmeoi for thestorage or disposal or such material shall bc kept in a clean and
sanitary condition and shall be kept concealed &om public view, orcept on day of collection
No conunercial enterprises shall be conducted or maiutained upon, in ftont of;,
or in connection witfu any lots, nor shall arry lot or lots in auy way be ued for othcr than
strictly single-family residential purposes, cxcept that professional offi,ces may be maintained
within the rnain dwelling upon specilic approval by the fuchiteotual Control Committee in
each case, subject to local zoning ordinances, which will prevail, should the Architectural .
Coutrol Commitrce give their approval.
Each lot owrer sball bo responsible for and shalt pay one-half of tho cost aud
€xpenso of the maintenance, rcpar, and upkeep of the flow ofwater supply eutering-upon_and
cxiting the Subdivision propertics, including but uot limitcd to: dcsilting and operation of the
water gates ott any or all of the foru pouds locatd on the lots (tlrere are two ponds on oach
lot). T:Le upsheair lot ponds will fktty rquire nrorc ftequerrt desilting aud iepair, which will,
however, benefft the dovmshaam lotpbnds, and this equal sharing of expenses is justified and
fur, The fuchiteotural Control Comminee shall deterrflino what maintenance, repair, and
upkecp is reasonably ndcessary, and whe,n and whorc it is to be pcrformcd, in order to
piesene and maintain these foruponds, and to maintain the flouring water sup'ply througlq
across, and exiting from the Subdivision property.
23, MAINTENANCE OF DRIYE}YAYS A}TD ROADS
Each lot ownor shall bc rcsponsiblc for, and pay thc cost and exPense o.[, the
msinisnance, repair, and upkcep of all drivewaye and toadways located upon that lot. Suoh
expenscs with regard to ccrinmdn ecce66 driverriay.s or corumon access roadways, if any, shall
bsborne one.quarter each by the owuer of eaoh ofthc two adjaoent lots (recorded in
BooR 922, at pagos 266-267), aud on+qnarter each by the owncrs of Lot I .and of Lot 2.
24. COVENANTS TO RT]N WITE THE LAFID
These Covenants aro to run with tho laud and shall bo binding on all parties
and all pereons cleiming ownership of any portion ofthe described land for a period of
tweuty-five years from the date these Cov€nanh are tecorded, aftorwhioh timo said
Covenants shdl be autoruatically extended for successive periods of tea (10) vearq uuless au
instnmrcut sigucd by thc then recorded owners of a majority of tho Iots oubjoot to thsse
Covenants has bern recordd agreeing to chauge said co\rcnants in whole or in part. These
Coveuante rrey be amended at any timo by the irnanimous ffiitton conseut of all record
ourners of dl lote within the eubdivision
25. EhTFORCEMENT
Enforcement of theee Protectiva Covenants, special conditions, stipulatious and
agreements shall rest with the Declarant, OumErs of the Property and the Architectual
Conhol Committee. If any person shall violate or threaten to violate auy of the provisions of
this instrumcnL the Declarant, the fuchitectural Conlrol Committee, or any owner of any of
the Property, in addition to all other available remedics, may enforce the provisions of this
instrument by instituting such prooecdings at law or in equity, ss may be appropriate to
enforce the provisions of this instnnrcrrt, including a dcmand for injunctivCrelief to prcvcnt
orrcnedy thc tlueatened or eacistiag violetion of thoac Coveuants, and for daanagos, ihcluding
all the attorney'e fees incurrpd by my nroh party. In the went of any violations,-and in
Becslved3 12l17l9Ol 1l:15; 715 327 22gg => WOBKCENTERZSO; tz
_ DEC-17-1998 11:39 RE/t'lFtx pRtF. TJEST ?79 327 m9 P.W
additiou to uty remedies arailable, the Dcclarang thc Oymers of the Pruperty. or the
Architectural Control Committee qhall have the right of entry on tho Pr;ba#ou,nA by the
party in violation, and may-cure any.deliciency oriiolation ivithout jeop'ardi of anv cliim of
tnespass, at thc expense of the party iu violation.
26- PENALTIES AllD ExpENsEs oF ENFORCEMENTT LrENS
tr.OR NON-PAYMENT
If any porson shall violate any of tho provisions of this instnrment or of the
rules and regulations promulgared by the Architectuial Control Cornmittce pursuaut to this
instrument, ot causeg €xpenses as to ths Developer or the Architecturat Conrol Comrnittec as
a result of such violations and/or in the elforcement of these Covensnts, including the
Expenses incurred in curing ury violation or deficimcy, a6 fails to or rcfuses to pay srrch
e-xpenscs, thcrt such cxpenses, including roasouablc attorneys {ixs, shall be chargaable to the
Qy.ner o[lhc.lropertybn which thc work hss beeu done, iricluding interest from the date of
billhg at the highest permitted rate for a oousumer loan or salo in lhc Stato of Colorado, and
shall constitute a lieu thereou superiorto all other licns or encumbrances, except (a) tax and
special assessmeilt liens in favof of assessing tmit, and (b) all snms rmpaid on i first mortgago
or first dced of tnrst of record, including all unpaid obligatory sumE nsmay be provided by -
such eucumbrances and inoludiug addifronal arlvmces made thaeon prior to the creation6f
euch a lien.
27. SEVERABILITY
Invalidation of auyone ofthese Covonants by judgpEnt or court order shall in
no way alfect any of the othcr prdvisions which shaU remain iD ftll force and affect. Failure
!o insist upon the ecrforcement of any onc ormore of the Covcnauts or reskictions hercin sct
forth shall not oonstihrte a waiver of that Coveruut qr any of the remaidng Covenants or
restrictions.
LutherMooao
DiannaMoore
Recolved: 12117196i 1l:15; 71e 327 22gg => UIORKCENTER2SO;
- DEC-1?-1998 71t4A RE./]'lAX PR@. tiJEST ?1.9 3n m P.E
srATE OF COIoRADO )
corJNrY oF GARFIELD i
ss'
The foregoing inetrument was acknowledged bofore rne on th" _ day of
1998, by Luthcr Moore.
My Commission expirao:
Notary Public
STATEOFCOLORADO )
) ss.
couNTY oF GARFIEI.D )
The foregoing instrument was spklowledged before me ou the_ day of
199E, by Dianna Mobrs.
My Couunission expires:
Notary Public
STATE OF COLORADO
COUNTY OF DL PA,SO
)' )ss'
)
-
The foregoing instnrment was acknowledged before me oa the
. I )cz',-*t6*r
-,
1998, by Charles E. Englund.
My Commiesion orpires:
MyCornmi eeionewirc.fu
STATE OF COLOzu\DO )
corJNrY oF EL PAso i
tt'
l,*r-:r'*T;B"I# trffi;f3:f^?i#f.*" on the / n't dav of
TT]Tfl-P.W
/?il rhvor
SAUUELSON
P.O. BOX 297
GLENWOOD SPRINGS
coLoRADO 81602
PUIIP CO. ING.
WATEB SYSTEMS
SALES, SERVICE & INSTALLATION
945-6309
October 20,1998
Lou Moore
16613 HwY 82
Carbondale, Co. 8'1623
Attnl Lou
on october g, 1 998 a well test was conducted on a new
east weII on the Moore pt"p"iiv. The following information
was obtained i Lof * -/
WelI Depth--- ----30'-0"
Casing iire (top)-------'-----7' (steel)
Standlng water level----------4' -1 1 /2"
Tota1 test time---- -----'4 hrs.
Drawdown to at 4 hrs --5''4 1 12"
Production is greater-------------28gpm
This test was conducted with a 1 HP 1 3
This weII recovered back to 4'-4" in 1 min'
questions please caII me Raun Samuelson at
Sincerely;e*
Raun Samuelson
Goulds test PumP.If you have anY
94s-6309.
JOHN C. KEPHART & CO.
EflfiI'ID IUI-lITIOt'l LABOflAIOflItS
ali lloPrH avEtur.rE a PHO]IE 2a2-76t8 .
ItecriYcd lroru
9519
Clr.bmct No.--.-trbfiil*1. No.
Drte RccGiY.d
tuc/sg
Sampl e
Ni trate tN)
Ni tri te (Nl
TotaI trol i {orrn Bacteri a
Ft-tbtic drlnking water suppllcti harre
and for Nitrite o{ 1.O mg/l. These
mqlr'l = fiilliErams per liter
AT{ALY'IICAL IIEH)RT
Elllrlultrl/lrlurrl a filrlrrli u i ri rrt.:
Lotl Hoore
16613 HighwaY E2
Llrrbondale, Ctl RlA"3
tg70\9&3-044?, FAX lS7tJ',t7()4-1974
GFIAtID JUHCTION. CC,LC,RAE'C) 6I'OI
72/ L6lgB
NOTESI f reatment {er bacterie iE nEedE}d be{ore hle hrould colrsirJlit t}iis
wirt$lF Ea+t f Ol' Ctrlnl{lng. Fur- d wtrll, iL i= crrJvi:oerl tg add 1./t to I
cr.rp o{ chlorine (cug;tr ae Clorox Bleactr) {nr each IrOOO EaIlDnB tr{
wqtg1rr Rnd let g,lt fnr a day dr two. Antrther bacteria te5t its
EuggErEted Elf tEf thlE, p}-trtrEclure tU Ut{ sLlt ti Llre LrauLt:lr ir* ll.rg l-reert
el r rnr nated,
Ihb R:ortrd
9319
Lot *1
Enql und/l'lorrt-e
Bubd I vi si on
t.t.34 mg/I
O. (rti mg/l
4 ccrl clniel=/ lDOml samFle
a limit #or Nitrat+ of tO-O rng,/I;
I irnits were nc,t extreeded.
ilirectorl J. .Spuer
r+ater
.l..i.d-rx,.. 1.:.
u 00';',.--ffi$ffi , .' li i
rimfr F$lii:if r,.
tit0uJl6e:gl iS6lsLlzl :Ps^racoU
i!,Er-=l
i
e# iogzuglNlc)uoM <=
1-.. ' -: i''.
"
.;' .." .
Ilecember 18, 1998
Garfield County
Building & Planning Dept.
Attn: Mark Bean
Re: Water quality test on
Dear Mark,
#1 well concerning total coliform bacteria level.
As suggested by you per our
called and talked with John
conversation on Wednesdayr l)ecember l6th I
ir at the State flealth Dept. in Grand Junction about
the coliform bacteria level in Lot#l well. IIis comments to me were as follows:
1.) this is a pretty low level
improper well disinfectin g,
total coliform bacteria that was probably caused by
ishandling of samples when drawn from the well or
tamination was probably caused by one of the reasons
contamination at the testing ; 2.) bacteria in a well is one of the simpler
problems to correct especia
would want to see this total
the matter considering that
at this low level; 3.) the State or lending institution
form bacteria level at 0 colonies, but his feelings on
other adjacent wells tested out at 0 colonies and the
low level of this one is that
discussed above in #1.
Sinperely,
i .1, /l/-lu,/ (e,y
L Lou Moore
I PurtP iftJl"9'l*' ^-,,,n
seres' ffi a rHsr nuurtot't
october 20,1998
il?l:"Hl J,'"o' s1623
A t t n'
J: : "
. "b ?'* -e i^" "l'"' i ; ":?li''
" ii "*
?
="'i:ti:;t ?1':1 f 'El
f"""'J"##
'**"g[gf;"'..'
,#,#;"'x' 1hi*:'"' ;# :it1ti:* *1i'": "#
i?r'
{oTr
supltli tr
col o
ng/l
ro-ilP*
!se:sr trurrl}1,'d.nr.."oLl, IOSZUS1H:CYUO, .=
Raun Samuelson
G
>-.>--
JOITN G. TBPHART & II.
GIAltI Julttttult LAgollArofllts
ll*irrnl lPor
Grobr:Nc.-.
a!! ,aolBTll Avcl.gl3
L2/?/?e
rsaa5aE ta,. 6ta
Al'tAT.YrlGAL IEDOTT
Enc I und/l'loore Subdi vi si on
Luur iluul r
1661ts HighwaY E}2
Err lrr-rrrtlalcr CO 014e3
9320tturb l{c
oiANO JUNCttoN, GoLORAO(, ttlol
waterErapb --.
Lzt L6/9e
Dr!.D.!.
Sarnpl e
Ni trate (Nl
Ni tri te (N)
Totat trol i forli Bacterl a
9320
Lot lt3
Engl und/1"{oore
Eubdt vl et on
O.24 ngll
O.OO mg/l
O col oni e--l lOOml samPlc
Director: B. BeUEf-
{OTES: Thie water
euFPIier frrr- any
rli tri te 1. O mg/l i
coleny Per lo0ml
ng/l - milligraato
did not exceed limit= for public drinking water
of thar above testri. Limits are: Nitrate tCt'o ngll'
Total Coli{ornr Bacteria must be ltss than one
sampla.
pEr liter
r00 I^IO U Jls6lgLl?L :po^TeceB
-
\\
Ir\\
\1 \
1\
\ t\
\ \\\ \\
\ \\
\ \L -
ASSUMPTIONS: 1.
2.
3.
2.
ILLUSTRATE ISDS SITE PIAN
4 BEDROOM
1250 GALLON SEPNC TANK
45 MIN/NCH PERC RATE
483 S.F./BEDROOM4 x 483 - 1932 S.F. LEACH FIELD REQUIRED
SCALE 1,,: 30'
BLDG. ENVELOPE (TYP.)Eoce-polllIJIB
-L_
LOT I 50j
I tr% \:\e \\<\
\)r.\e
\'q\dl\^
l')(4\6
\--.
ii
li
li
li
l1
l1
,l
{
fr
FLOODPLATN (ryP.)
-\
-X
X
RI!€R OVERFLOW CHANNEL
I
I
I
I
(il
iii
| ,i'
lti
l'\
Ir
\
l+
\' ..
tl, /r\
It\
[ ,' I
-\--
,\', \\\\\\t\ r',
\\
",
-\ ,\
+ t\ ',,t,
\ ".\
\'-
. $ t\\t ------
,'. \. \_-\___ _
50'
2,000 s.F.
LEACH FIELD
I:-:11-___ I
97006 6/O9/eE 06FTNALDWG
*-&
,\p\
\
I
LOT 2
\\
*
\
\
' -\_
\
N
I
I
I
I
--
-.-
-l
2
o|r)
X
ulzl
?\{
UJto
&o
55'
2,125 S.F.
A5/2?/98 15:19 CRRBONDRLE FIRE DISTRICT + 9?A 945 7785 NO. AA3
Gmlrondale & Runal FIre Pnoteotlon Dlctniot
-
300 Meadowood Drive
Carbondole, CO 81e23
(e7o) 9e92€t
Fo(:(070) 90&0s69
May 27, 1998
Mark Bean
Garfield County Planning Department
109 8th Street, Suite 303
Clenwood Springs, CO 8160'l
RE: Englund/tfoore Subdivision - Preliminary Plan
Mark:
I reviewed the preliminary plan application for the proposed Englund/Moore subdivision. The
proposal is essentially unchanged frorn the sketch plan. I have no addtional comments at this timc.
Please call if you have any questions,
Sincerelv-z /1 I6lilM
Bill Gavette
Fire Marshal
+l D{A..-26-ea 1a : s6 PFr coLo-GEo-suRv -
tttltI+
3A38942L74 P-At
STATE OF COLCMDO
COTORADO CTOI OGIC^L SURVEY
Division of Mirrerals trncl Gt:ololj)
Dcplrtmcrtl o{ Nalrrrol Resources
l:ll J Shutnr.\rl Strect, Nrxrnr 7I !
L)envr.'r, Colorado tj0l03
Pl:orrr: (l0ll) 866'2rrl I
FAX (l0l) 66(r'24(rl
May 26, I998
Mr. Mnrk Bean
Garticld Cotrtty l)cpartment Building and Planning
I09 Eth strcct, suitE 103
Glcnrvood Springs, (l(-) I I 601
RE,: EnglrrnrlMooro Subtlivision Gcologic Haerrrd Review
Posl-it"
l.)H' l{lMF.NT OF
NATURAL
RESOURC]ES
Roy RnnlPr
l'irr\ Or llO?
t.r,rrcs S. I rr )rlrcrtl
I rt'( Jli!c l)irc,.tor
Mit:h,'lrl ll lorti
I )iviriln Irlll l(n
V;(Li ( otr,ld
Sr.rtr'(,rulu1;isl
ilil1 0rti(tur
I)car Mr. Bcan,
At your rc(luest and in ilccordance t() Senilte Bill35 (1972) this officc has rcvicwcd the nrlterials
suhrniltcd llr this prc,poserl subdivision. A site irrspection was conducted ott May 20, 1998. The site lics
orr rivcr alluviurn ncar Highw ay 82, Propr:sed residences are plannetl wherc ponds hitve bcen backlillecl-
This officc ha.s rcvicwcd the Prelinrinary Subsoils Study by I IP Ceotech datcd March 31. 1998 and
wc generally concur witlr its contr:nl. We agree that the backfill and cmbarrkrnclrt matct'ials arc unsuitablc
lbr rcsidential strucrturc support. ISDS tlcsign rnust also be engineerccl ott tt site spccific basi.s. Shnllorv
ground wnter nlily be n conccrn so cnginl'L'rcd, non-conventional, syslcnrs will be required. Provided the
dccp ftrunrlation and rrrr.rundcd typc scptic syslenrs reootnnrcndatiorr.s are conrplied with fol this sitc, this
ollrce llncls no otlrcr rnajor gccrlogic lrazartls that would prccludc dcvclopmc'nt. As state:d in thc Subsoils
slutly therc is krw risk of potcntial bedrock tlissolution and subsidcrtcc of thc liaglc Vallcy F)vaporitc
undcrlying thc rivcr gravel. I'otential lot buycrs or huildsrs shoultl bc rnadc awor!: of this risk.
lf you havc any questi('rns please contnct this oft'icc at (303) 894-?167.
Sinr.:crcly.
M/,b
Enginccring Gcologist
Fax Note 7671 w
""^ -'L,^ QLrb
Co./DePt.u$t9
Prrnet q,/S_-77A9 ffis,.r3 of/-A/6 7,
Fax r 30r I
ilr?i
I
,l
C'OLORADO DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ACCESS PERMIT
SH No/MP/Side:
Local Jurisdiction:
Dist/Section /Palrol:
DOT Permit No.:
Permit Fee:
Date of Transmittal:
82A/OL6.230/RTGHT
carfield
03/32/16
3 98055
50.00
os/07/e8
THE PERMITTEE;
Luther E Moore
15613 Hwy 82
Carbondale, CO 8]-623
APPLICANT:
Luther E Moore
l-551-3 Hwy 82
Carbondale, CO 8L523
I-,uther E Moore - (970) geg -0442 I-,uther E Moore - (97Q) 963-0.4+? .
is he;ab, granted peimissicin to ionstruct and use an access to the state highway at'the lcication noted below.
The accesi shall be constructed, maintained and used in accordance with the terms and conditions ol this permit,
including the State Highway,Access Code and listed attachments. Th/s permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at alltimes during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part Vl. The issuing authority, the Department and their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
On the south side of S.H. 82F, a distance of 1,205 feet east from M.P.
16.
ACCESS TO PROVIDE SERVICE TO:
Single-Family Detached Housing (+ Each)
PERCENT
t_00.00
OTHER TERMS AND CONDITIONS:
SEE ATTACHED SHEET(S) FOR TERMS AND CONDITIONS
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
Bv (x)Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permlttee shall nollfy
fiilii^"".El#"rffi Hffi"J;i:ffi l'".wlllllllEvUlUlou9vcPe.tllltil!t9llroll'P1,tlolll,lllIlffi
at least 48 hours prlor to commenclng construction w-l[fiin"{hE State Hlghway rlghl
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have tyll aufrrilV to accept the permil jnd all it's terms and conditions.
perminee ,*, *1 ,/i/,-- t Hn2( - Curlen- D ^r" d -26 -79
( /'I)rrr* E /4co,,c
This permit is not valid until signed by a duly authorized representative of the Department.
o"r. ?161y'8
/t/'
,,,,"//rr,f/, /2r.
-(6t" of ir*re)ffir
COPY DISITfiBUTION: Required; Make copies as necessary for;
/ 1. District (Original) Local Authority lnspector
Previous Editions are Obsolete and will not be used
CDOT Form #101
MTCE Patrol Traffic Engineer
TRANSPORTATION, STATE OF COLORADODEPARTM
The following paragraph are pertinenl hlghlights ol the State Highway Access Code. These are provided lor your convenierce
but do not alleviate compliance wilh all seclions ol the Access Code. A copy ol the State Highway Access Code is available
lrom your local issuing authorily (local government) or the Colorado Deparlment ol Transportation (Department). When thi$ ,
permil was issued, the lssuing authority made its decision based in part on information submitted by the applicant, on the
access calegory which is asslgned to the highway, what alternative access to olher publlc roads and streets is available, and
salely and design standards. Changes in use or design not approved by the permit or the lssuing authority may cause the
reyocatlon or suspension ol lhe permit.I Appeals
1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of
the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado
Transportation Commission,42Ol East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons
for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him.
5.
The Department may consider any objections and requested revisions at the request of the applicant or permittee. lf
agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit
accordingly, or issue a new permit, or require the applicant to submit a new application f or reconsideration. Changes in the
original application, proposed design or access use will normally require submittal of a new application.
Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to
the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be
brought to the Commission within 60 days of transmittal of the permit.
Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority
(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
authority.
lf the f inal action is not further appealed, the Department or local authority may record the decision with the County Clerk
and Recorder.
ll Construction slandards and requirements
1. The access must be under construction within one year of the permit date. However, under certain conditions a one year
time extension may be granted if requested in writing priorto permit expiration.
The applicant shall notif y the off ice specif ied on the permit at least 48 hours prior to construction. A copy of the permit shall
be available for review at the construction site. lnspections will be made during construction.
The access construction within highway right-of-way must be completed within 45 days.
It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of
the permit. lf the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing
authority and Department and included on the permit. The Department or issuing authority may order a halt to any
unauthorized use of the access. Beconstruction or improvements to the access may be required when the permittee has
failed to meet required specilications of design or materials. lf any construction element fails within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
ln the event it becomes necessary to remove any rig ht-of -way fence, the posts on either side of the access shall be secu rely
braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire
removed are Department property and shall be turned over to a representative of the Department.
A copy of the permit shall be available for review at the construction site. lf necessary; minor changes and additions shall be
ordered by the Department or local authority f ield inspector to meet unanticipated site conditions.
The access shall be constructed and maintained in a mannerthat shall not cause waterto enterontothe roadway, and shall
not interfere with the drainage system in the right-of-way.
Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a
permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and
at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond
that which is allowed in the permit shall be repaired immediately.
Adequate advance warning is required at alltimes during access construction, in conformance with the Manual on Uniform
Traff ic Control Devices f or Streets and Highways. This may include the use of signs, f lashers, barricades and f laggers. This
is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed
agents and employees shall be held harmless against any action for personal injury or property damage sustained by
reason of the exercise of the permit.
Changes in use and violations
1. lf therearechangesintheuseof theaccess,theaccesspermit-issuingauthoritymustbenotifiedof thechange.Achangein
property use which makes the existing access design or use in non-conformance with the Access Code or the terms and
conditions of the perm it, may req uire the reconstruction or relocation of the access. Exam ples of changes in access use are;
an increase in veh icular volu me by 20 percent, or an increase by 20 percent of a directional characteristic such as a left tu rn.
The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit.
2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs.
3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority'
Further informalion
1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a
completed permit application f orm with the issuing authority. The issuing authority may take action only on the request for
improvement. Denial does not revoke the existing access.
The permittee, his heirs, successors-in-interest, and assigns, of the property serviced by the access shall be responsible for
meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations. The Department shall.maintain in
unincorporated areas the highway drainage system, including those culverts under the access which are part of that system
within the right-of-way.
The issue date of the permit is the date the Department representative signs the permit which is after the permittee has
returned the permit signed and paid any required fees.
The Department may, when necess ary tor the improved safety and operation of the roadway, rebuild, modify, remove, or
redesign the highway including any auxiliary lane.
Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written
concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at
the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property
which results in a change in the type of driveway. operation; or at the expense of the Department if the reconstruction or
relocation is necessitated by changes in road ortraffic conditions. The necessity forthe relocation or reconstruction shall
be determined by reference to the standards set forth in the Access Code.
4.
2.
.r.
4.
5.
6.
7.
8.
9.
ilt
IV
3.
4.
DATE. May 7, l-998
ACCESS PERMIT NUMBER 398055 - SHEET 2
ISSUED TO: Luther E Moore
TERMS AND COND]TIONS
1. If there are any questj-ons regarding this permit., please
contact .-James Nall at (970) 248-72L3.
NOTE: If you are unable to contact t.he person listed on the
front of the permit please use the following:
For t,he Craig area ca11 Christy Beckerman,
97 0 -824- 2 03 0
For the Grand ,function area call the Maintenance office
97 0 -248-7360
2. The Permittee shall refer to all additional standard
requirements on the back of this permit and any enclosed
additional terms, conditions, exhibit.s and noted
attachments.
3. This Permit is issued in accordance with the State Highway
Access Code (Z CCR 601-1), and is based in part upon the
informat.ion submitted by the Permittee. This permit is only
for the use and purpose stated in the Application and
Permit. Any changes in traffic volumes or t1pe, draj-nage,
or other operational aspects may render this permit void,
requiring a new permit to be applied for based upon existing
and anticipated future conditions.
4. This permitted access is only for the use and purpose stated
in the Applicat.ion and Permit.
5. Nothing in this permit shal1 prohibit the chief engineer
from exercising the rlght grant,ed in C.R.S. 43-3-L02
including but not limited to resLricting left hand Lurns by
construcLion of physical medial seperations.
6. Water, sanitary, sewer, gds, electrical, communication,
landscaping, and telephone installatj-ons will require
individual additional permits.
7. The Permit.tee is responsible for obtaining any necessary
additional federaL, sLate and/or City/County permits or
clearances required for construction of the access.
Approval of t.his access permit does not constituteverification of t.his action by the Permittee.
8. Any work within State Highway right-of-way shalI begin after
8:30 A.M. and aII work and equipment shall be of f t.he
highway BEFORE 3:30 P.M. each day.
9. No highway lane closures or one-way traffic will be allowed.
10. No work will be allowed at night., saLurddys, sundays, and
Iega1 holidays without prior authorization from the
Department. The Department may also restrict work wit,hinthe State Highway right-of -wa1' during adverse weather
condit.ions.
1l-. It is the responsibility of the Permit.tee to prevent alllivestock from entering the State Highway right-of-way atthis access location. Any Lj-vestock that does enter t.he
highway right-of-way shall be the sol-e responsibility of the
Permittee.
1-2. In the event the landscaping becomes unsj-ghtIy or consideredto be a traffic hazard, The Department may require that itbe removed prompt,ly by the Permitt.ee and at no cosL to the
Department.
13. Landscaping shaIl not obstruct sight distance at any StateHighway access point.
L4
DATE. Vlay 7, 1998
ACCESS PERMIT NUMBER 398065 - SHEET 3
ISSUED TO: Luther E Moore
l-5.
2L. No more than 5 feet of trench areas
one time. Open trenches and other
State Highway right-of-way shall be
TERMS AND CONDITTONS (CONT'D)
A FULLY EXECUTED COMPLETE COPY OF THIS PERMIT MUST BE ON THE
JOB SITE WITH THE CONTRACTOR AT ALL TIMES DURING THE
CONSTRUCTION. FAILURE TO COMPLY W]TH THIS OR ANY OTHER
CONSTRUCTION REQUIREMENT MAY RESULT IN THE IMMEDIATE
SUSPENS]ON OF WORK BY ORDER OF THE DEPARTMENT INSPECTOR OR
THE ISSUING AUTHORITY.
Survey markers or monumenLs must be preserved in their
original pos-itions. Notify the Department. at (970) 248-7220
immediately upon damage Lo or discovery of any such markers
or monuments at the work site. Any survey markers or
monumenLs disturbed during the execution of this permit
shall- be repaired and/or replaced immediately at the expense
of t.he Permittee.
It shall- be the responsibility of the Permittee to verify
the location of the existing utilities and noLify aIl
utility owners or operators of any work that might involve
utilities within the State Highway right-of-way. Any work
necessary to protect existing permitted utilities, such as
an encasement will be the responsibility of the Permittee.
Any damage or disruption to any utilities during the
construction sha11 be the Permittee's responsibility and
sha11 be repaired or replaced at no cost to the Department.
Highway
and signed
Control
15
L7. Any damage to any present highway facilities including
traffic control devices shalI be repaired immediately at no
cost to the Department and prior to continuing other work.
Any mud or other material t.racked or otherwise deposited on
the roadway shall be removed daily or as ordered by the
Department inspector.
Areas of roadway and/or right-of-way disturbed during this
instal-Iation sha11 be restored to their origional
conditions, to insure proper strength, drainage and erosion
control.
19. Any incomplete construction activity on the Statethat must be left overnight, sha11 be barricadedin accordance with the Manual- on Uniform Traffic
18
Dewices and other applicable standards.
20. Open cuts which are 6 inches in dept.h, within 30 feet. of t.he
edge of the State Highway traveled way wiII not be l-eft open
at night, oD weekends, or on holidays.
shal-I be opened at, any
excavati-ons within the
before 3:30 P.M. of each working day
accordance w'i th the M. TJ. T. C . D . .
backfilled and/or paved
or be protect.ed in
22. The area around the new work shall be wel-I graded to drain,top soiled, fertilized, mulched and re-seeded in accordancewith the Department. sLandard specifications.
23. When it isfence, the
be securely
conformancethe fence isfence. A11
Depart.ment.
necessary to remove any highway right-of-wayposts on either side of the access entrance shall
braced with approved end posts and inwith the Depart.mentrs M-60'l-1 standard, beforecut, to prevent slacking of the remainingposts and wire removed shaIl be returned to the
24. A11 excavatj-ons for utility tines, culverts, trenches ortunnels sha1l meet the requirements of the Occupational,Safety and Healt.h Administration (OSHA), Colorado Industrial
DATE: May 7, 1998
ACCESS PERMIT NUMBER 398065 - SHEET 4
fSSUED TO: Luther E Moore
25.
TERMS AND CONDITTONS (COUI'O)
Commission, Colorado Division of Mines or the Colorado
Department of Transportation, whichever applies.
The access shaII be constructed 25 feet wide, with 30 foot
radii.
26. The access shal-l- be constructed perpendicul-ar to the travel
l-anes of the State Highway for a minimum distance of 50
feet, and sha1l slope down and away fror'.r the adjacent
pavement edge at a rate of 2? grade for a minimum of 20feet. If curb and gutter are present, the slope shal1 be
calculated from pan line to pan line. Any revisions to this
requirement shall be subject to Department review and
approval prior to commencement of any work within the
highway right. -of -way.
27 . The access shaIl be complet.ed in an expedit.ious and safe
manner and shal1 be finished within 45 days from initiation
of construction within State Highway right-of-way.
28. Pursuant to section 4.70.2 of the State Highway Access Code,
the access roadway shal1 not exceed a maximum grade of l-0
percent within the highway right-of-wdy, as measured 50 feet
beyond the pavemenL edge and extending to t.he right-of-way
Iine. The access vertical grade sha1I be designed and
constructed in conformance with the Department M & S
standard M-203-1.
29. The design of the horizontal and vertical sight disEance
shal1 be no l-ess than the minimum requir:ements, ds provided
in section .1 . 9 of t,he State Highway Access Code, 2 CCR
601--1.
30. AIl require,f access improvements shall be instal-Ied prior tothe herein ,aut.horized use of this access.
31. The access shall be surfaced immediately upon completion of
earthwork c,cnstruction and prior to use.
32. Compaction of subgrade, embankments and backfill shal1 be in
accordance to section 203.07 of the Department's standardspecifications.
33 . The surf acing shal-l- meet the Depart.ment's specif icationswith the following mat.erial placed for final grade: 18
inches ABC, Class L; 5 inches ABC, Class 6 placed in the
foll-owing lifts: 2 - 9 inch lifts C1ass Li 1- - 5 inch liftClass 6.
34. Slopes shaII be at a 5 to 1 ratio on the roadway and a 6 to1 ratio on the approach.
35. No drainage from this site sha11 enter onto the StateHighway travel lanes. The Permittee is required todetain al-I drainage in excess of historical- flows and timeof concentration on site.
36. A11 existing drainage structures shall be extended, modifiedor upgraded, as applicable, to accommodate al-l_ newconstruction and safety standards, in accordance with the
Department I s standard specifications
31. The Permittee shaIl install a new 24 inch x 32 FOOTcorrugated metal pipe.
38. A11 culverts installed in open ditches shal1 have flared endsections.
Roaring Fork Railroad Holding Authority
P O. Box lZ7O, Carbondale, CO 81623
Raymond C. Lloyd
Executive Director
Mr. Mark Bean
Garfi eld County Planning pepartmEnt
109 8th Street
Glenwood Springs, CO 81601
FJUN 1 [! ll';-r
StrELD
9 June 1998
In response to your request to review and comment on the Englund/Moore Sub Division
Application, I offer the following:
r During my site visit it lvas clear that this subdivision would not impact the Roaring Fork
Railroad Holding Authority property adversely.
. Under "Sub Division Description" mention is made that "a RFRHA representative was
contacted about receiviirg tracts I and 2 as a donation for public/recreational use". I know of
no such contact nor do$s Mr. Moore, whom I interviewed during my site visit on 8 June
1998, recall such a contact. We are open to discussion with the owners if they so choose.
o No rail crossings or disfuptions are contemplated in this project. We have no objections.
Dear Mr. Bean;
Executive Director
Ph97O-
Fax: 97O-