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HomeMy WebLinkAbout1.0 ApplicationI I T I t I T I I I I t t I 7 I I I t -n 'rY ,APR 2'l I @\fftc-o PRELIMINARY SUBDIVISION PLAN I APPLICATION FOR ENGLUND/NIOORE, SUBDIVISION OWNER / APPLICANT: Charles Englund, Luther E' Moore, Diana G. Moore 16613 Hwy 82 Carbondale, CO 81623 Ph. (970) 963-0442, 963-4462 PLANNER: Land Design PartnershiP Ron Liston, Planner 91 8 CooPer Avenue Glenwood SPrings, CO 81601 Ph. (970) 945-2246 ENGINEER & SURVEYOR SoPris Engineering, lnc. Yancy Nichol, Engineer; Mark Beckler, Surveyor 502 Main Street, Ste. A-3 Carbondale, CO 81623 Ph. (970) 704-0311 APRIL 22,1998 r*1 I lr lr lr lr lr lr lr lr ll lr lr ll ENGLUND / MOORE SUBDIVISION TABLE OF CONTENTS SUBDIVISION APPLICATION FORM LETTER OF APPLICATION EXISTING CONDlTIONS DESCRIPTION EXISTING CONDITIONS MAP (reduced scale) PLAT MAP (reduced scale) SUBDTVISION DESCR!PTION & RELATIONSHIP TO COMPREHENSIVE PLAN SUMMARY OF PRELIM!NARY PLAN REQUIREMENTS Section 4:50A-O Section 4:60A-H Section 4:70A-D Section 4:80A-D Section 4:90 Section 4:91 A-E Section 4:92A-E Section 4:93 Section 4:94 ATTACHMENT A - DEEDS ATTACHMENT B - SOILS & GEOLOGY Soils Engineer's RePort SCS Soils Descriptions ATTACHMENT C - SEWER & DRAINAGE Engineer's Report ATTACHMENT D. WATER Engineer's Report Well Permits State Engineer's Letter Basalt Water Conservancy District Contract ATTACHMENT E . 404 PERMIT ATTACHMENT F . CDOT ACCESS PERMIT APPLICATION Sketch Plan Preliminary Plan Final Plan xxxxxx SUBDIVISION APPLICATION FORM SUBDIVISION NAME:ENGLUND / MOORE SUBDIVISION OWNER:-CHARLESENGLUND,LUTHERMOORE,DTANNAMOORE ENGINEER/PLANNER/SURVEYOR: -SOPRIS EN G INEERING & LAND DESIG N PARTN ERSHIP- LOCATION: Section: -32-Township: -7S- Range: -87W-WATER SOURCE: -INDIVIDUAL WELLS SEWAGE DISPOSAL METHOD : -ISDSPUBLIC ACCESS VIA: HWY E2 FRONTAGE ROAD (2) I I I I ! lrlr lr lr lr llll lr t: ll EXISTING ZONING: EASEMENTS: Utility _AGRICULTURE/RESIDENTIAL/RURAL DENSITY TOTAL DEVELOPMENT AREA: ( I \ Residential Single Family Duplex Multi-family Mobile Home Commercial (3) Industrial (4) Public/Ouasi-Public(RAILROADROw) (5) Open Space / Common Area TOTAL: PARKING SPACES: Residential Commercial Industrial Number 2 Acres L3.964 Acres 4.378 4.284 22.625 Floor Area .sq.ft. sq.ft. I t t lr lr lrII lr l: lr ll LAND DESIGN PARTNERSHIP "' """H'o11?;"r'08ily39 f-tllX'63'" 8 1 60 1 April22, 1998 Mr. Eric MccaffertY Senior Planner 108 8th Street Glenwood SPrings, CO 81601 Re: Englund/Moore Preliminary Plan Dear Eric: Attached herewith are fifteen copies of a Preliminary Plan and supplemental information ., ,"qrir"O tot preliminary plan review ind a check for the applicatiol fee . of $675 for the Englund/Moore Subdiri.ion. I request that this application' when found to be complete, o" pl.."J on the etanning and Zoning Commission agenda for their regular June meeting. The owners of the property are: Luther E. and Diana G' Moore 16613 HwY 82 Carbondale, CO 81623 970-963-0442(Residence)970.963.4462(Business) Fax#:704-1874 Charles Englund 2205 Shalimar Dr. Colorado SPrings, CO 80915 7 1 g _57 4_2iS S (-neside n ce) 7 1 9-632-4462 ( B usi ness) Fax#:719'475-7221 lf you have questions or require any additional information please contact myself or Luther (Lou) Moore' Ronald B. Liston Diana G. Moore T I I t I lr lr lrll lr lr lr t: lr lr ll EXISTING CONDITIONS The subiect propefi is Iocated south of Hwy 82 and adjacent to a p_ortion of the east boundary of the new Waldorf School. The irontage on Hwy 82 is 37 feet wide and extends south toward the river for 150 feet beforJwidening out in the main body of the propefi. This narrow connection to Hwy 82 is part of a driveway shared by two residences in addition to the Moore/Engiund property. These residences, on two lots' are owned by Luther Moore, a co-owne-r of the proposed subdivision property' The property widlns to about 800 feet and extends south over the Roaring Fork River Across the rail road right-of-way ts a 4.2 acre parcel that is part of the gnginal property description. The propirty, exctudlng the rail road right-of-way, totals 18.2 acres' Topographically, the site has three levels' The access link to Hwy 82 is the upper level, the mid level is about S feet lower and about half the acreage of the site. From the mid level, a slope drops quickly 10 feet to wetlands along the Roaring Fork River' The acreage south of the rail road right-of-way rises very sharply up the valley wall and is unusable except for visual open space. A few decades ago, five ponds were constructed on the mid level of the site' Waters from Blue Creek flow through all five ponds which, over the years, has caused the easterly two ponds (Johnsin's Pond and S Pond) to accumulate large volumes of sediment. Portions of these two ponds are now quite shallow and in need of rehabilitation. A narrow ribbon (i'-3') of wetlands characterize much of the shore line of all five ponds. Various patches of brushy willow are scattered about the site' The only Lrg" trees on the site are located along ihe river and at the very northerly end of the sitJ. Many of the descriptive characteristics contained in the SCS Soils Descriptions for soil tvpe # g2 Redrob Loam found on the pond level are not entirely accurate due to the gross site disturbance created during construction of the five ponds' There is no known potential radiation hazard at the site' waterfowl, song birds and small mammals are common on the site although the limited land area minimizes the total number of animals on the pond terrace-. Deer are frequent visitors to the lower terrace areas adjacent to the river but the pond area has historically been fenced to exclude deer' SITE REHABILITATION IN PROCESS Attached is the 404 Permit Application for the dredging of the Johnson's Pond and s pond with the defosition of thL dredge material in the most southwesterly pond (River pond). This permit also includes gra--vel fill for two access drives, one along the west bank of the ponds and one between the ponds The permit applic.ation.notes that the filled area oi Rirer pond is intended to be used for two building sites. The rehabilitation work described by this permit was completed in April of 1998' I I I I I I I I I I I t I I I I T I I A PARCEL OF LAND SITdEST OF THE 6th P. 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Th]e o*ners OesirE is to dedicate the south parcel to the rail road authority. A representative of the Roaring Fork Rail Authority has been contacted about their willingness to receive the dedication but no formal submission has been made to them. lf the land can not be given to a public entity, the tract will be platted with a common use open space easement for the benefit of the lot owners' The property is proposea io Ue split generally with a north/south line that nearly equally divides the River Pond area of fill. This will provide two building sites, each in the area of 15,000 to 16,000 square feet. The sketch plan shows the designated building sites' a potential configuration for a residential footprint and space for an engineered individual sewage treatment system. Tne ouitding envelopes are set back 15 to 20 feet from the edge oi tne adjacent ponds to provide a buffer from the wetlands. Access to the building sites is provided by the drives that are part of the 404 Permit discussed above. gain drive is proposeo to ue 12leelwide. Drainage structures will be provided under the drives where'water discharges from one pond into the next or into BIue Creek. The drive to the westerly of the two lots will cross the adjacent Moore property within an easement to be granted for that purpose by the Moores who are co- owners in the proposed subdivisioni. tni. access alignment is adjacent to the west line of the Moore propefi and will extend to a new intersection with the state highway frontage road. This alignment was chosen and to avoid unnecessary disruption of the north bank of the northwesterly pond (Moe Pond). Minimal grading is required along the route of the two drives. The existing access drive will continue to serve two existing residences as well as the proposed eaJterly lot. The common use portion of the existing drive will be improved to a Semi-primitive Design Standard with two 8 foot traffic lin".. A portion of the existing drive is currently paved with asphalt' The dredge material used to fi|l the River Pond obviously will not provide adequate support for typical spread footing foundations for the proposed residential structures' A ,oil, ,"port oulining the appropilate criteria for foundation designs is included in Attachment B. lmp6rteO grir"i and topsoil will be used to complete the filling of the building sites to facilitate vehicular circulation areas and landscape areas' The existing rim of the River pond embankment is at the 6314 foot elevation and the flood elevation adjacent to the River Pond is 6310. The entire terrace where the ponds are located is above the 100 year Floodplain. An engineering review of the floodplain conditions at the site is included in Attachment C' The proposed site will have relatively small lawn areas so there will be minimal influence on the ponds or the river fiom chemical fertilizers or pesticides. The wetlands between the building sites and the Roaring Fork River will serve as an additional natural cleanser forlny surface discharges from the residential sites. I I T I I Lou Moore talked with Division of wildlife District Manager, Kevin wright earlier this spring by phone. fr4i. Wrignt was familiar with the site. They reviewed the proposed activities and the r"nn"rTn which the "no net loss of weflands" was to be achieved. Mr. Wright recommended the usual dog control measures and discussed ways to limit the extent of damage to existing trees caused by beavers. Ir lr lr l: l: RELATIONSHIP TO THE ROARING FORK VALLEY COMPREHENSIVE PLAN The following describes the general conformity with the new Garfield County Comprehensive Plan for the-Roaring Fork-Va'-!"y.": identified by Section lll Goals' Objectives, Policies and Progr... of the GarfieiO County Comprehensive Plan dated September, 1994. Section lll-1.0 Public Participation Goal:Anintegratpa@eplanningistheopportunityforcitizenstobe involved in att phases of the planning process' The proposed subdivision will be reviewed at a public hearing during the preliminary plan review. Also, the 404 permit was issued following an opportunity for pubic comment to the CorPs of Engineers. Section lll-2.0 Housino Goal: To ensure tneffiSitny of housing including affordabte housing in the county where in short supply, subiect'to regulatiins, which- ensure safety, appropriate site Jesigns, co*patniiy, and protection of the natural environment. The Englund/ Moore subdivision will provide two yery unique single family residential building sites. The natural riparian "i""t of the site are preserved although through the pond rehabiritation there will be some temporary loss of wetlands but there is no net loss of wetlands. Section lll-3.0 Transportation Goal: Ensure that the county transportation system r.s safe, functional, appropriately designed to nanite existing and fuiure traffic ievels, and includes opfions for the use of ,oi"t other than the single-occupant automobile' The newly generated traffic from the two lots will have minimal impact on.county lolg' since access is provided directly from a state maintained highway' This is reflectcd in the county,s determination that new construction in this are is not required to pay an off site road imPact fee' T I I I t T t I I T I I t I T T I T I Section lll-4.0 Commercial and lndustrial Uses Goal: Commercial: Gartield County will encourage the retention and expansion of convenient, viable, and compatible commercialdevelopment capable of providing a wide vaiety of goods and services fo serve the citizens of the County. The provision of residential lots at the Englund/Moore Subdivision will help supply the demand by the construction industry for home sites. Section lll-5.0 Recreation and Open Space GOAL: Garfietd County should provide adequate recreational opportunities for County residents, ensure access to public lands consisfenf with BLM/USFS poibies, and preseve existing recreational opportunities and important visual corridors. The site has historically been a private recreation amenity and will continue as such, servicing two owners. lf we are successful in dedicating the area south of the rail road to a public entity, it would open up public access to the BLM lands to the south. The south bank of the Roaring Fork River lies within the rail road right-of-way and has the potential of being open to public access depending on the policies of the new authority. Section lll-6.0 Agriculture Goal: To ensure that existing agricultural uses are allowed to continue in operation, and compatibili$ rssues are addressed during proiect reviews. The proposed subdivision site has no agricultural history. Section lll-7.0 Water and Sewer Services Goal: To ensure the provision of legal, adequate, dependable, cost effective, and environmentally sound sewer and water serytbes for new development. Domestic water is readily available from proposed wells into the Roaring Fork alluvium. Sewer will be provided by engineered individual disposal systems. Section lll-8.0 Natural Environment Goal: Garfietd County will encourage a land use paftern that recognizes the environmental sensitivity of the land, does not overburden the physical capacity of the land, is in the best interest of the health, safety and welfare of Garfield County. The rehabilitation of the silted in ponds improves fishing habitat 4 I I t I I I Section Ill-9.0 Natural Resource Extraction Goal: Garfietd Courty ,e*gr',res that mder Colorado law, the surface and mineral inferesfs have cefiain legalrights and priviteges, including the right to extract and devetopfhese inferesfs. Furthermore', privaie property owners also have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonabte manner and to have adverse land use impacts mitigated' The site is underlain with gravel deposits but they would be difficult to extract since they are primarily below the water table and would require extensive environmental disturbance to extract. Section Ill-10.0 Urban Areas of lnfluence Goal: Ensure tnat aevenpment ana overall land use policies occurring in the County that will affect a municipattty are compatible with the existing zoning and future land use objectives of the appropriate municipality. The subdivision is not located in the urban area of influence of any municipality. Section lV METHODOLOGY lr lr lr lr lr lr lr l: describer tne Cornprefiensive Plan and Land Use Maps "as the foundation for subsegue nt zoning or subdivision regulations that implement the goals and policies deveto,ped by the Plan". lt further states "that the County Comprehensiue Plans are advisory only, neither legislative nor judicial in nature, not the equivalent to zoning , and not binding ipo, the zoiing discretion of any county or municipal legislative body". : This section The Englund/Moore Subdivision site is included on the map titled Prgoosed Land Use Districtj Carbondale Area following the Methodology Section of the Comprehensive -ffithesiteasbeingintheLowDensityResidentialDistrict(10+ acres/ dwelling unit). The gross area of the original property description,22.6 acres would place ttie proposed dLvelopment within the Low Density criteria with 11.3 acres per lot. Exclusion oi tn" rail road right-of-way would place the density just below that criteria with 9.1 acres Per lot. A review of Table 30 "proposed Land Use Districts and Methodology" identifies the criteria by which this classification was determined. Recognizing the necessarily generaliied nature of the comprehensive plan analysis, the following is offered as a i.ror" detailed review of this criteria as it retates to the body of information currently available for the St. Finnbar Farm site. DEVELOPMENT GONSTRAI NTS According to this table, a site should be rated as having "Major" constraints to t T I I I warrant classification as Low Density Residential' Slope Constraints: There are no excessive gradient stopes on this site and thereby should be rated as a "Minor" constraint. Soil Constraints: The soils described by the Hepworth-Pawlak report are not characteristic of the soils conditions identified by the Comprehensive Plan Soils Hazard descriptions. The building sites are created from depositions from the dredging op"r"iion. The deposition-soils have a low bearing strength and will require engineer designed foundations systems as defined by the Hepworth-Pawlak report' Soil conditions at the building sites are entirely iontrolled and thereby any question of soils hazards should be rated as "Minor". ISDS Constraints: The entire building site including the ISDS leaching site is result of controlled fill. The report attached *itn tnis application provides the preliminary design for the sewer disposal systems for the proposed residences. This design provides for the creation of filtering Ueas that will assuie the protection of the Roaring Fork Aquifer. This is a condition not dissimilar to that recently approved for the adjacent Waldorf School. Under these engineer controlled conditions this constraint should be listed as "Minor" or at most "Moderate". Floodplain Constraints: Lower portions of the site are within the 100 Year Floodway and Fioodplain according to FEMA studies and mapping but the proposed building sites and their access drives are entirely above the floodplain and floodway' DEVELOPMENT CONSTRAI NTS SU MMARY: The review of constraint conditions existing at the Moore/Englund site, based on accurate site specific information, yields three "Minor" ratings and possibly one ,,Moderate" rating. This configuration of ratings readily accornrnodates the proposed develipment density of 9 acres per_unit which is equivalent to the Medium Density'Residential Land Use Classification ( 6-9 acres per dwelling unit). LAND USE CONSIDERATIONS The Low and Medium Density designations should rate nothing higher than Moderate rating in the area of land use considerations. Land Use Compatibility: The proposed density is consistent with the residential character generally adlacent and upstream from the site. Adjacent tothe west is the Waldorf Scnoot *ni.n is obviously a much high intensity of land use than the two residences on eighteen. Road Conditions: Access is provide by the Hwy 82 frontage road which is maintained by the State. This road is in excelleni conditions and provides direct access to Hwy 82 t I I I T I I I I I I I T I I T I I T to the east and we$t. lnfrastructure Needs: With only two tots, each serviced by individual well and sewage disposal systems, there is no impact on existing service systems The adjacent ponds wili providl ready source of fire protection water for the Fire District pumper trucks' Distance from Urban Uses: With the exception of the services at the Catherine Store which offers gasoline and convenience products, the Moore/Englund site is approximatet! Rve to seven minutes from urban uses and the associated commercial services at El Jebel. This factor is rated as being of "Minor" concern for both the Low and Medium Density Residential classifications' ]AND USE CONSIDERATIONS SUMMARY: The proposed uses and density are compatible with the area and should qualify as being consistent with the nneOium Density Residential (6-9 acres/ du) land use classification. SUMMARY OF LAND USE DISTRICT CISSSIFICATION REVIEW Utilizing the methodology identified by the Comprehensive Plan and data specific to the Moore/Emglund site, it is our conclusion as presented in the above analysis, that the [roperty would be more appropriately clarified as a Medium Density Residential District (6-9 acres/ du)' COMPREHENSIVE PIAN CONFORMANCE Given that 9.1 acres/unit proposed density is so close to the Low Density Classification and given the site specific analysis above, it is our conclusion that the Moore/Englund Subdivision is cleariy in general conformity with the goals of the Comprehensive Plan' T I I I I I I I I I I I t I I I I I I PRELIMINARY PLAN REQUIREMENTS SUMMARY Section 4:50 4:50 A 4:50 B 4:50 C 4:50 D 4:50 E 4:50 F 4:50 G 4:50 H 4:50 I 4:50 J 4:50 K 4:5 L Description PRELIMINARY PLAN MAP Name of Subdivision Date, etc. Boundary & Legal Names of Owner, etc Vicinity Map Adjacent ProPertY Owners Lot Areas Easements Setbacks Land Use Summary Existing Conditions Common Open SPace Evidence of Access Otf Street Parking Location in APPlication Sheet 1 Sheet 1 Sheet 1 Sheet 1 Sheet 1 Sheet 1 Sheet 1 Sheet 1 Sheet 1 Sheet 1 Existing Conditions MaP Sheet 1 Sheet 1 Sub. Application Form T I I I I T I I 4:50 M Public Land Dedication No Land is proposed to be dedicated to the public at this time. At some point in the future, t'ne bpen Space Tract may be given to a public entity' Cash payments to the'school District are proposed in lieu of land dedications. 4:50 N Street Grades Nopublicorprivate,commonusestreetsareproposed. Existing Easements Sheet 1 ADDITIONAL INFORMATION Terms of Dedication No dedications are ProPosed. 4:60 B Phasing Construction is proposed as a single phase' I T t t I I 4:50 O 4:60 4:60 A 4:60 C 4:60 D 4:60 E 4:60 F Soils & Topography Hazard Attachment B Radiation Hazard Attachment B I I I I ll lr lr lr lr lr l: l: lr t: l: 4:60 G Deeds 4:60 H Section Subdivision Previously reviewed by County Serveyor' Attachment A N/A Attachment B Attachment B Existing Conditions MaP Subd ivision Descri Ption Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D N/A N/4, Attachment D Basalt Contracts 4:70 4:70 A 4:70 B 4:70 C 4:70 D 4:80 4:80 A 4:80 B 4:80 A 4:80 D 4:90 4:91 4.91 A 4:91 B 4.91 c 4:91 D 4:91 E 4:92 Supplemental lnformation Geology Soils Vegetation Wildlife DRATNAGE/WATER Exisitng Water Courses Tributary Areas Tributary Flows Design of Drainage Fac. UTILITY PLAN Water Supply Quality & QuantitiY Central SuPPIY Existing SuPPIY lndividual SuPPIY Augmentation SANITARY SEWER N/A N/A N/A I I I I lr lr lr lr lr lr t: l: lr Ir lr t: 4:92 4:91 4:92 4:92 4:92 4:93 A B c D E Public Sewer Central Existing District Individual Sewage ISDS Attachment C Attachment C UTILTTIES AND ROAD PLANS N/A There are no road or utility constrcution plans since there are no common use facilites. OFF.SITE ROAD IMPACT FEE The site is not included in any zone with an identified impact. No Fee will be assessed. ATTACHMENT A DEEDS I I I I ir lr lr lr lr lr l: l: lr lr t: l, I t I I I T I I I I I I I I t T I T t q/t2,bJ RECOtoET. OEPIJIY.f i tcd ,or f*ord th. d.Y ol- lacaption lo. QUIT CIAIM DEED IEIS DBED , r..d. thit d.v of J\rIy 17, 1!197 iffi E. lmRE ard Dnlq, c- !@RE RlD onRLEs E' ElcuDD cency o, BREIELD d strl. of ycrr f i rrt EboE rri tt6. sign d, sotld and Drtlvrcd in th3 PFifE of CqT tY o' Th. forlgoing instngrt 5. Et'E ltt'd brfm r this dty of JuIy 17' 1997 ,w LIIIHER E. t'@RE ard DIAIB' G' t'tORE AID ODRLES B' EIGLM .Ultrns .t hid Jd oftlcirt r"t' @.ssnE *":;.,... .4r.' r. #f"rry$t}#,'t ffi..i :"?&'ft-11:i* rTio.oo vlrrcssEtll. ,h.t th. tia ptii'ii iit rlii pttt' lor "l in carlc'r'tf6 ot th' lEN E)LIARS tothrsridp.?t(lr.)ofth.flr.tP.ftlnhdp.ilbY.l|...idp.ft(i.t,ofth.3rco.dD.rt,th.fcc.iPtdr..ofl.h.r.. tsy c6idr.d.rd acr*rcde.d,'irii i-i..a, roteitd, *aJilili['t--c[ri C.,*O'.ti b'' ti"t p.'6ta dc(t') rtr"' rct..s., s.tt, cclwy rE *ii iilri -to inr ula p...ti..ifi-ii.3Eori P'rt'.(thcir) lrrir:' tr.Ecr'aofr 'd $risn' ,or!v.r, rlr rh. right, titri, int"r..t, sr.in.rd o--"-iiili i.-tiia pttiriil ol th3 f lr'r Prlt:lt' tt $RFISb fottdins d.tcrib.d tot o. ptitti if tttd tit*tt' tvirr "d b'ins ln th' H'"#Sff'ff' Ihiii&o HERtIo aro IBDE A PAtr HERw: .t.o lrcrt st strcrt lrd nor GIREIEjD CCXNry lo HAVE Alo Io HolD thG sn, togothGr rith att ai.5ingut.r th!.aurt6*?r.rrid Privitc0!3 thtr6to b'toTging or in myrise rh.rasto.pp".t.iiliil ini-err tnr.rt"t", ,icni]-iiiti, iniit-t a'! ct'i!.rtrrttfficr' ol (h' s'id P'rt(iG') of lhG first p.rt, .rrhGr rn tu-or.qrity, to thc onty p.q"t'*il'*-ilt "rr uatoot of th' s'id Prt(i!t) of tht "co'd ,.,.,l,liiilrl.lilr#,*il:^:.ll'ffii,-, or th. rtrst P.rr hr(s) h.rGiro 3cr rh.ir h.rd.rd r..t th. dry ri Return to: Luther E. Moore 15613 HighwaY 82 Carbondale, C0 81623 @Tpt'IET C,TI CLAI,. OEED a.c?d t Gtfi2224OO llttd er222400.I 4\g of tha ffiffiflHt#ffiE"e$fr' -Ed'' FNI.t-(t \:O r--t,E- P:=9r-g'. - =H=:E=D-I+3-H5:nt o-l- - E' (,I o(eIg- _ - I T I I I lt lr lr lr lr lr lr l: lr lr ll EXHIBIT A PARCEL A TIIB EASTERLY 305.5 FEET OF LOT 13 A}ID TIIAT PART OF LOTS 6, 11 AI{D 12, LYING SOUTH OF THE SOTITH BOUNDARY LT![E OF STATE HIGIIWAY NO. 82, IN SECTION 32, TOWNSHIP 7 SOIJITH, RANGE 87 WEST OF TIIE STXltH PRINCIPAI MERIDIAI.I EXCEPTING TI{EREFROM A PARCEL OE I,AIID DESCRTBED AS FOLLOWS: BEGINNTNG AT A POI}IT ON THE SOIITHERLY LINE OF STATE HTGHI{AY NO. 82 WHENCE THE NORTT{WEST CORNER OF SECTION 31, TOWNSHIP 7 sourH, RANGE 87 WEST OF THE SIXTH PRINCIPAL !4ERIDIAN, BEARS NORTIT 75 DEGREES 57' WEST, 6362.8 FEET; TITENCE SOUTH 80 WEST 14' EAST 399.33 FEET AIONG THE SOIITHERLY LINE OF STATE HTG}II{AY NO. 82; TIIENCE SOUffi O DEGREES !4' EAST 321.3 FEET; fiIENCE SOUTH 1.2 DEGREES 09' EAST 679.0 FEET TO TIIE CEIfIER OF THE ROARING FORK RIIER; THENCE SOIITH 69 DEGREES 51' WEST, 509.8 FEET AIONG THE CENTER OF TIIE ROARTNG FORK RT\IER; TTIENCE NORTTI 1 DEGREES OO' WEST 804.05 FEET; THENCE NORTI{ 4 DEGREES 55' EAST 46L.9 FEET TO THE SOIIII{ERLY LINE OF STATE HIGTIWAY NO. 82 , THE pOrNT OF BEGTNNING. ATSO EXCEPTING THEREFROM A PARCEL OF I"AND DESCRIBED AS FOLLOWS: BEGTNNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LTNE OF SAID }IIGIIWAY WHENCE TIIE !{ITNESS POIMI TO fi{E NORTIIWEST CORNER oF sArD sgcrroN ri BEARS: NoRTH 29 DEGREEs s7'02" wEST 284.84 FEET AND NORTII 47 DEGREES 04'L4'' WEST 2539.55 FEET; THENCE SOUTH 79 DEGREES 57'02' I}$t 5OO. OO FEET AIONG THE SOUTHERLY RIGHT OF WAY LINE OF SATD HIGIII{AY; TIIENCE SOT]TH 05 DEGREES 05'50" WEST 150.56 FEET; THENCE NORTI{ 79 DEGREES 57'O2II WEST 612.99 FEET; TIIENCE NORTTI 10 DEGREES 02'53 '! EAST 150 .00 FEET, TO A POIIIT ON TIIE SOT.ITHERLY RIG}flT OF WAY LINE OF SAID HIG}IWAY, THE POINT OF BEGINNING. AISO EXCEPTING TTIEREFROM A PARCEL OF I.A}TD DESCRTBED AS FOLLOWS: BEGINNING AT A POTNT ON TIIE SOIJ:THERLY RIGHT OF WAY FENCE OF SAID HIGI{WAY WHENCE TIIE WTTNESS CORNERS OF SECTION 29, 30,31, AI.ID 32 IN SAID TOWNSHIP Al{D RANGE BEABS: NORIII 48 DEGREES 03'54I' WEST 2620 .84 FEET i TIiENCE SOLIMI 79 DEGREES 57'O2II f,}$I 154.35 FEET AIONG SAID RTGHT OF WAY FENCE,. THENCE SOIIIII 01 DEGREES 32'58'' WEST 156.07 FEET; t I T T T I EXHIBIT A TITENCE NORTTI 79 DEGREES 57'O2I' WEST 154'35 FEET; TTIENCE NORTH O]. DEGREES 32';;'' Wgit 156'07 FEET' TO A POINT oiisaip FENCE, rns PorNT oF BEGTNNTNG' ffii.EI:r#rffiffiIiffi3H'* oo, 6 rN sEcrroN 32, rowNs*rp 7 SOIITH, RANGE .A,-Wiit OT TTTi SiXTTT PRINCIPAI' MERIDIA]'I' GARFIELD COUMIY, COI'ORADO, -T'ViiiC SOUTHEiiV OT THE SOUTHERLY RIGHT-OF-WAY igNCg OF COLROEOO STETE HIGII!{AY NO ' 82 ' MORE ianilcuLARLY DEscRTBED As FoLLows : BEGINNINGATAPoINToNTHESouTHERLYRIGHT-oF.WAyFENCEoF sArD HIGIII{Ay iltlur'rcs rHs wrffiii-COnNsn-io sEcTIoNS 29' 30' 31 A}ID 32 IN SAID TOWNSHIP AITO..N'AIIES-BEARS_N' 48 DEGREES 03'54I' w. 2620 .84 FEET; THENCE s. or inenggs 32'58" w' 155'07'FEET; THENCE S . zg pgcRges 57', Oz',t E ' 154 ' 35 FEET; THENCE S. Or PgGiGEi 32'58N W: iI 'ZI FEET TO A POINT ON A CIIAIN LINK TENCE ES EUTI..I AND IN PI'ACE; TrTENCE ALONG laip cnerN Lri'il-riNCe oN rHE FOIJLOwTNG couRsES; s. 83 DEGREES JEloz" w. z1'.it-rgst TO AI'I AI'IGLE POrMr rN SArD FENCE; THENCEN.74DEGREES03,45',w.Lo.72FEETToA}r[ANGLEPoINT +il,f,tT"11!",,GREES 22'ilIN W. 31.14 FEET TO A}T N'IGLE POINT +LiH""1"T9","NREES 30'57'' W. 3 .13 FEET TO AI{ ANGLE POINT IN ffiiR.X'Il'ir DEGREES 4e,48,' w. 7e.oo FEEr ro AN Ar{GIJE PorNr IN SAID FENCE; . TTIENcE N. ra'igeREgs 11'15" w' 50'18 FEET; TIIENCE I.EAVTNG_SiiO CIIAIN ITi* TgNCg ON A COURSE BEARING N. 79 DEGREsd-si;02, w. roi--a' oisrnNCs or 72.99 FEET ro A porlrr oN A piNcg As BurLT AliD rN PI"AGE; THENCE N. OO'6icnsEs r+,ooii-w.-a.i'oue sArD FENCE 231'1s FEET To A porNr ou-ilii--Eotmrsnlv nrosr-oF-e{AY FENCE OF SArD HIGII9IAY NO. 82; tET ALONG SAID THENcE s. zg-picngas 57'o2tt E' 8?'36 FE sourHERLy RrcHT:OF-Wev rsics-io-THE POINT OF BEGTNNTNG' COUNIY OF GARFIEIJD STATE OF COLORADO PARCEL B I I I I I I I III EI I -II I I II I I I - II II II (, rr Or-iD o-{,orlN\FN.tIG'\Op(o E,(o{o.o GD-o"ol -lt !o.EGlpooNG'{Dio'r,1l olts5lllFrC,01FtcCtrma ^ I I I I I ATRACToFI,AI{DSITUATEDINLoTS].oA}ID19oFsEcTIoN32, TOWNSHIP 7 SOIIEI, RANGE _EZ-.Wiii OF TIIE SIXTII PRINCIPAL MERrDrAr.r osscRiiED-As FoLLofiE;- ail TEIT PoRrIoN oF ABo\rE LOTS 10 AI{D ri-L,yrxe-wEsr 6i-rgg eor,r,owrue DESCRTBED LrNE: BEGINNING AT A POINr ON fid- I'T6iiTT- iTNg -OE ABOVE LOT 19 WHENCE THE sourHEAst"coruwn or sBiti6ii-5g. TOWNSHTP 7 SOUrH' RANGE T I T I I T I I I I t I T I T I I T t EXHIBIT A 87 WEST OF TIIE SIXTII PRINCIPAI MERIDIATiI BBARS ir'*5n E. 9000.391 FEET; THENcE s. or iicisss 43' w' 1336'8 FEET To rHE THE ABOVE LOT 10. S. 58 DEGREES SOUTH LINE OF EXCEPT A PARCEI, OF I'A![D DESCRIBED AS FOLLOWS: BEGINNING At N POiIM OU ITTi-.S=OCTTENTV LINE OF SAID HIGHI{AY ' WHENCE THE WI;NiiS- POINT T6 UTE-NONTTN{PSI CORNER OF SAID sEcrroN 32 gEAis,- NoRTII zi peGREEt-!?'-92" wEST 284'84 FEET AND NoRTI{ +z ildeiggs o4'L4" wEST 2539 '5s FEET; THENCE SourII ig-ogcRggS 5?,o;;-EASi EOO.OO FEET ALONG TIIE SOUTHERLV NTGHT OF WAY LINE OF SAID HIGHIIAY; THENcE sotmr iii oseiEss o1'so" wEST 1s0's5 FEET; TTIENcE NoRTIT i6 pgcRggs st'oz" wEsr 612'99 FEET; TITENCE NORTIT io oscnsss oz,il, i.e'st rso.oo FEET, To A POINr oN THE SOrmrsRlY-iieirr oF Wi'i i,rNe oe saip HIGH!{AY', rIIE POINT OF BEGINNING. COIINIY OF GARFIEI.'D STATE OF COLORADO === a tl- gE=o=-5{-,e= N \-'tsNL. Itr.o \=^el tsD(OIL E' (O_{:PoE8*=-H= O:. (9 ).-&oo-s!=z!-rt ot-,.4:mN-f -:.E' UIE^ 9=E=Arr = ATTAGHMENT B SOILS & GEOLOGY I lr lr lr lr lr lr lr l: t: lr lr t I I I ! I I I t I T I t t I I I I t Hrpwonrn-PewrRr G sorncHNlclt' Iruc'5020 Road 154 Glenwood SPrings, CO 81501 Fax 970 945-8454 Phone 970 945-7988 PRELINIINARY SLtsSOL STUDY PROPOSED TWO LOT SUBDIVISION 166T3 STATE HIGHWAY 82 GARFMLD COIINTY, COLORADO JOB NO. 198 152 MARCH 31, 1998 PREPARED FOR: LOU MOORE L66L3 HIGIIWAY 82 CARBONDALE, COLORADO 81623 I I I I I t; lr lr l: lr l: lr l: IIEPWORTH . PAWLAK GEOTECHMCAL, NC. March 31, 1998 Lou Moore 16613 HighwaY 82 Carbondale, Colorado 81623 Job No. 198 152 Subject: Report Transmittal, Preliminary Subsoil Study, ProposedTwo Lot subdivision, 16613 Sute Highway 82, Garfield county, colorado Dear Mr. Moore: As requested, we have conducted a preliminary subsoil study for the proposed residences at the subject site. The existing pond embankment and proposed backfill materials are not suitable for support. ttre unOertying narural coarse gravels are relatively dense and suitable for rupport of moderate foundation loads with relatively low settlement potential. The proposed residences can be founded on a deep foundation system that extends tnrougtit. fill and into the underlying natural gravels. We expect drilled or driven piles io have load capaciries in the range of 10 to 30 kips. We should provide design criteria for the selected deep foundation system. The report which follows describes our exploration, summarizes our findings, and presenrs our recommendations. It is important that we provide consultation during iesign, and field services during construction to review and monitor the implementation of the geotechnical recommendations. If you have any questions regarding this report, please contact us. Sincerely, - PAWLAK GEOTECHNICAL, INC. David A. Y Rev. By: SLP DAY/ksm/RSO I I T I I lr lr lr lr lr lr lr l: lr lr lr lr l, TABLE OF CONTENTS PI.]RPOSE AND SCOPE OF STUDY . . . . PROPOSED CONSTRUCTION SITE CONDITIONS GEOLOGIC CONDITIONS FIELD EXPLORATION SUBSURFACE CONDITIONS PRELIMINARY DESIGN RECOMMENDATIONS DEEP FOUNDATIONS SHALLOW FOUNDATIONS GROUND FLOORS SITE GRADING LIMITATIONS . REFERENCE..... FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURE 4 - GRADATION TEST RESULTS H.P GEOTECH J 4 4 5 5 5 6 7 I I T LI lr lr lr l: lr lr PURPOSE AND SCOPE OF STUDY This report presents the results of a preliminary subsoil study for a proposed two lot subdivision at 16613 Highway 82, east of Carbondale, Garfield County' Colorado' The project site is shown on Fig. 1. The purpose of the study was to develop general recommendations for the foundation design of the residences. The study was conducted in accordance with our proposal for geotechnical engineering services to Lou Moore' dated February 11, 1998 and as verbally amended by Mr' Moore on February 13' 1998 for us to use a track mounted drill rig' A field exploration proglam consisting of exploratory borings was conducted to obtain information on subsurface conditions. samples of the subsoils obtained during the riercr exploration were resied in the iaboratory to derermine rheir classification. The results of the field exploration and laboratory testing were analyzed to develop recorrmendations for foundation types, depths and allowable pressures for the proposed buitding foundations. This report summarizes the data obtained during this study and presents our conclusions, preliminary design recommendations and other -eeotechnical engineering considerations based on the proposed construction and the subsoil conditions encountered. PROPOSED CONSTRUCTION The proposed construction was conceptual at the time of our srudy' The existing pond in the proposed building areas is planned to be backfilled with material dredged from the adjacent ponds. The backfilt is expected to be about 8 to 10 feet deep' The residences are planned to be constructed in the pond fill areas, as shown on Fig' 1' The residences will be L to 2 story Structures of wood frame construction' Ground floor levels are assumed to be up to a few feet above the top of the existing pond embankments (see Fig. 2). Ground floors will probably be structurally supported over crawlspace with srab-on-grade garages. Grading for the stnrctures after backfilling the pond is assumed to be relatively minor with cut depths up to 3 to 4 feet' We assume relatively light foundation loadings, typical of the proposed type of construction' H-P GEOTECH I t I t ll lr lr l: lr lr t: a When building plans, grading and foundation loading information have been better developed, we should be notified to reevaluate the recommendations presented in this report. SITE CONDITIONS The site is in flat terrain adjacent the Roaring Fork River where there are several existing shallow ponds that were constructed with fill embankments. The ponds were reportedly previously used as a fish hatchery and are typically less than about 8 to 10 feet deep. River pond, which will be backfilled for the residence construction, is about 300 feet by 75 feet in plan size and from about 6 to 10 feet deep. Surface water level of the pond, as provided, is about 6,312 feet with top of surrounding fill embankments at about 6,3L7 feet. The fill pond embankment slopes where exposed on the downhill south and west sides are estimated at about ZVz to 3 (horizontal) tol (vertical)' GEOLOGIC CONDITIONS The site is underlain by coarse gravel alluvium over the Eagle valley Evaporite Formation (Tweto and Others, 1978). The Evaporite has been associated with sinkholes due to dissolution of gypsum in the deposit in other areas of the Roaring Fork Valley. We are not aware of sinkholes in the immediate area of the subject site ' There may be a risk of subsidence if sinkholes exist below the building site' Our exploratory borings were relatively shallow, for foundation design only, however, no evidence of voids were encountered to the depths drilled. We believe the risk of subsidence at the site within the service life of the proposed residences due to dissolution in the Evaporite is low. It has been our experience that potential radiation exposure from narural deposits is not typical in the area of the site. The lower part of the site is apparently in the 100 year flood plain of the adjacent Roaring Fork River' It should be possible to develop the property as proposed without encountering severe constraints associated with the site geology. The potential for flooding of the lower part of the lots should be considered in the planning and site grading design' H.P GEOTECH I t I il I t t T I I t I t I t T T I I FIELD EXPLORATION The field exploration for the project was conducted on February 25, L998. Four exploratory borings were drilled at the locations shown on Fig. 1 to evaluate the general subsurface conditions. The borings were advanced with 4 inch diameter continuous flight auger powered by a track-mounted CME-45 drill rig. The borings were drilled on the fill embankments surrounding the pond. The borings were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. Samples of the subsoils were taken with l% inch and 2 inch I.D. spoon samplers. The samplers were driven into the subsoils at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig.2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Fig.2. The subsoils consist of about 5 to 10 t'eet of variable quality and type man-placed fill overlying relatively dense sandy gravel and cobbles with boulders extending to the drilled depths of 8t/z to lZt/z feet. Drilling in the dense -qravels rvith auger equipment was difficult due to the cobbles and boulders and drilling refusal was encountered in the deposit. Laboratory testing performed on samples obtained from the borings included natural moisture content and gradation analyses. Undisturbed sampling of the natural gravel subsoils for consolidation testing was not possible due to the coarse material. Results of gradation analyses performed on small diameter drive sampies (minus 172 inch fraction) of the fill and underlying coarse granular subsoils are shown on Fig. 4. H-P GEOTECH I I I I I t T I I I I I t I I t I t 4- Free water was encountered in 3 of the 4 borings at the time of drilling at depths from 3 to 5 f'eet. The subsoils were highly moist to wet. PRELINIINARY DESIGN REC ONI.I.VTENDATIONS Development of the site for residential construction will require careful planning, design and construction with respect to the geotechnical conditions. The pond backfill materials will likely be wet silts and sands that are highly compressible and not suitable to support foundations or slabs without a high risk of settlement and distress. The backfill subgrade may also require stabilization for construction equipment access. A deep foundation extending through the fill and into the natural dense gravels should be used for building support' Properly placed and compacted structural fill as the pond backfill could be used to reduce the risk of settlement and probably allow the use of shallow foundation systems, such as heavily reinforced spread footings or mats, for support of the buildings. The pond backfill soils may contain organics which could decompose over time. These soils should be capped with at least a few feet on non-organic, fine-grained soils. Crawlspaces that overlie organic soils should be well vented and monitored for possible meihane gas development. presented below are geotechnical recommendations considered suitable for planning and preliminary design. once preliminary plans have been developed we should be contacted to provide geotechnical review and perform additional analysis as needed. More detailed design criteria for the selected foundation type can be provided at thar time. Additional borings in the pond backfill and proposed building areas may be needed to evaluate the backfill and foundation bearing conditions' DEEP FOUNDATIONS A deep foundation system bearing in the natural coarse gravels should be feasible for building foundation support. Suitable deep foundation types may include drilled piers, helical piers, auger-cast piles and driven pipe piles' For the assumed soft/wet backfill conditions, drilled helical piers, drilled auger-cast grout piles or driven I H-P Georecs I I I I I I I I T I I I I I I I I I T 5- pipe piles tilled with concrete should be feasibie. Straight shaft drilled piers will probably encounter difficult construction requiring casing and dewatering. The deep foundarion piles or piers should develop moderate end-bearing load capacity and low settlement potential with proper design and construction. Allorvable load capacities in the range of 10 to 30 kips can be assumed. Some down drag on the piles or piers could occur as the pond backfill settles. Penetration into the natural coarse gravels will probably be limited to a few feet for low capaciry piles or piers. Difficult foundation construction should be expected due to soft caving soils, shallow groundwater, and cobbles and boulders in the bearing soils. SHALLOW FOUNDATIONS Lightly loaded spread footings or monolithic slab (mat) foundations should bear on properly placed and compacted strucrural fill. The strucrural filI should consist of a well graded sand and gravel material compacted to at least 98% of standard Proctor density at near optimum moisture content. The on-site coarse gravels, excluding topsoil and plus 6 inch size rocks, or a similar processed pit run type material are suitable as structural fill. Some settlement of the structural filt may occur over time but should be relatively uniform. GROUND FLOORS The proposed dredged backfill soils below the building will be of variable quality and highly compressible. Settlement of slabs placed on the compressible fill will probably be excessive. Slab-on-grade construction is not recommended unless compacted structural fill underlies the slabs. If the backfill below the buildings consists of the compressible silts and sands, structurally supported slabs are recommended. SITE GRADING If structural fill is used below the building areas for foundation and slab support, the fill should consist of a well graded sand and gravel material compacted to at least 98% of the maximum standard Proctor density near optimum moisrure content. Prior to fill placement, the subgrade should be carefully prepared by removing all existing fill, vegetation and topsoil, and compacting to provide a firm base. H-P Georecn I T I I I I I I I I I I I T I I I t -6- The existing fill embankments at the site have not been evaluated for stability. The risk of slope instability appears low provided the fill depths are limited and the embankment slopes are laid back to a stable grade. The embankment fills should be limited to about 10 feet deep, especially along the downhill sides of the pond where the fill daylights on natural flat terrain. The fill slopes should be no steeper than2Vz horizontal to 1 vertical and protected against erosion by revegetation, rip-rap, or other means. The risk of slope instability rvill be increased if seepage develops. Flatter embankment slopes would have a lower risk of instability and slumping. New embankment fill should be benched into the existing embankment slopes. Stabilization of the wet silt and sand subgrade condition should be expected. The stabilization may consist of a geo-grid and/or few feet of coarse gravel aggregate. LIMITATIONS This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and preliminary recommendations submitted in this report are based upon the data obtained tiom the exploratory borings drilled at the locations indicated on Fig. 1, the assumed type of construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings. Additional subsurface investigation in the building areas may be needed for final design. If conditions encountered during construction appear to be different from those described in this report, we should be notified at once so re-evaluation of the recommendations maY be made. This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recorrmendations have been appropriately interpreted. Significant changes from the conceprual proposed consrruction may require additional analysis or modifications of the recommendations I H-P GeorecH t I I I I I I I t I I I I I t I T I t -7- presented herein. We recommend on-site observation of foundation bearing conditions, pile or pier installations and testing of structural fill by a representative of the geotechnical engineer. Sincerely, HEPWORTH, fu/,04J/- Steven L. Pawlak, P.E. DAY/ksm/ro cc: Sopris Engineering - Attn: Yancy Nichol Land Design Partnership - Attn: Ron Liston REFERENCE Tweto, O. and Others, 1978, Geology Map of the Leadville I "X 2 o Quadrangle, lv'ortltwesrern Coloraclo. u.s. Geological surv'ey lv{ap I-999. H-P GEOTECH NICAL, I}JC. Dav id " "'*u"k:j;3*:A{t5s Reviewed By: 2 ",iii:ii,i,\io* rl ll J J J i II lI t I T I I T I I I SIAIE HrcHWAY 82 APPROXIMA]E SCALE 1' = 2OO' EXISTING RIVER POND I t BORING 3 BORING 2 PROPOSED RESIDENCES _..._ ROAR/N6 FORK RlIER 1--'- LOCATION OF EXPLORATORY BORINGSHEPWORTH _ PAWLAK GEOTECHNICAL, INC.'198 152 I t I I t I T I I t I I I BORING 1 ELEV. = 6317' BORINC 2 ELEV. = 6517' BORING 3 ELEV. : 6317.5' BORING 4 ELEV. : 6316.5' ASUMED GROUND FLOOR LEVEL = 6519' s/12 742 5/12 412 5/12 20/12 +4:19 -200=16 ISLAND AND 5 POND WATER LE\€LS = 6J14.E' OJI ) RI\ER POND WATER LEIEL = 6312.2' 14/6,5o/4 631 0 o o)L I c .9 o o,tr 0) c)L I c .9 o oil LOT 1 LOT 2 Note: Explonotion of symbols is shown on Fig. 3. LOGS OF EXPLORATORY BORINGSHEPWORTH PAWLAK GfCTECHNICAL, INC.198 152 t t I I I I I I I T I I m ffi F I L[G.END:. FILL: monploced embonkment moteriol consisting of intermixed topsoil' silt, .sond ond grovel with "ou!"y zones, loose ond soft, moist to highly moist, block to occosionolly brown' GRA\EL AND COBBLES (GM-GP); with boulders, sondy to very sondy, slightly silty', dense to very d"n"", wet. mixed brown, rounded to subrounded river rocks' Relotively undisturbed drive somple; 2-inch l.D. Colifornio liner somple' Drive somple; stondord penetrotion test ( Sef ), 1 S/S-inch l.D' split spoon somple' ASTM D - 1586' Drive somple blow count: indicotes thot 9 blows of o 14o-pound hommer folling 30 inches were 9/12 iequired to drive the Colifornio or SPT sompler 12 inches. Free woter level in boring of time of drilling' Procticol rig refusol. Where shown obove bottom of lo9' indicotes multiple ottempts were mode to odvonce the boring. NOTES: 1. Explorotory borings were drilled on Februory 25, 1998 with o 4-inch diometer continuous flight power ouger 2. Locotions of explorotory borings were meosured opproxirnotely by pocing from feotures shown on the site Plon Provided' 3. Elevotions of explorotory borings were obtoined by interpolction between contours on the site plon provided. 4. The explorotory boring locotions ond elevotions should be considered occurote only to the degree implied by the method used. 5. The lines between moteriols shown on the explorotory boring logs represent the opproximote boundories between moteriol types ond tronsitions moy be groduol' 6. Woter level reodings shown on the logs were mo.de of the time ond under the conditions indicoted' -' N;';."; woter encountered in Boring i. Ftuciuotion in woter level moy occur with time' 7. LoborotorY Testing Results: WC:WoterContent(%) *4 : Percent retoined on No' 4 sieve' -2OO = Percent possing No' 200 sieve' LEGEND AND NOTESHEPWORTH PAWLAK GEOTECHNICAL, INC.198 152 I I, t T I I I I t I I I I I I I T I t I HR. vr{. 21 /rs rmEt*E :E roL E*[ L'I -t t :I (9 =@a (L FzulOE UJo- ? r{R ttO t0 20 50 40 50 o lrJ =F UJ E, Fz. UJc) E, lrJc GT' 70 ao g0 l10 205 DIAMETER OF PARTICLES IN MILLIME]ERS GRAVEL 60 % LIOUID LIMIT % SAMPLE OF: Slightly Silty Sondy Grovel % SILT AND CLAY 8 PLASTICITY INDEX % FROM: Boring 2 ot 9 Feet 24 HR. 7 HR IIIE REIDINGS GRAVEL 19 % SAND 55 LIQUID LIMIT % SAMPLE 0F: Silty Grovelly Sond (Fill) u.s. sTx"lDARO SERIES ffi 2.* +.7s e'srzs DIAMETER OF PARTICLES IN MILLIME]ERS O-EAR SqJARE EE{INCS % SILT AND CLAY 16 PLASTICITY INDEX % FROM: Boring 3 ot 9 Feet t00 e0 60 70 60 50 10 JO 20 t0 o r0 20 3o 40 50 ()z6a o FztdoE UJd o UJz. FulG Fz UJOE, UJL 30 70 a0 go roo GRADATION TEST RESULTSHEPWORTH PAWLAK GEOTECHNICAL, INC.198 152 .otg .o.ll7 .07.r .15o 'rm 'cm l' SAND 32 R 88'/r R. 87 W .' t95.. r -'::i't : -r.:-5 Xt'i-" SCS SOIL TYPE MAPPING SCALE 1"= 2,000' : :Jri r)CU f!5 | T I SCS SOIL TYPE DESCRIPTIONS t 113-Atencio-Azeltine compter, 3 to 6 percent lp"r.This map unit is on alluvial fans and terraces. fie native vegetation is mainly grasses and shrubs. tjvation is 5.900 to 6.500 feet. The average annual Dcipitation is 15 to 18 inches' the average annual air Jnperature is 44 to 46 degrees F, and the average frost-tree period is 105 to 120 days' lfnis unit is about 60 percent Atencio sandy loam and ! percent Azeltine gravelly sandy loam. lncluded in this unlt are small areas of soils that are inilar to the Atencio and Azeltine soils but are finer f'r:uied. Also included are small areas of gravel bars. lFo'roed areas make up about 1o percent of the total fff;:i,"ncio soil is deep and well drained. lt formed il alluvium derived dominantly from sandstone and shale. Typically, the surface layer is reddish gray sandy lam about 6 inches thick. The next layer is sandy loam ]out 4 inches thick. The subsoil is about 10 inches of sandy clay loam over about 4 inches of gravelly sandy -am.The upper 6 inches ol the substratum is gravelly Endy loam. The lower part to a depth of 60 inches is ?ery grauelly sand. The soil is noncalcareous to a depth -of 20 inches and calcareous below that depth. ln some !r.r. the sur{ace layer is gravelly or cobbly.I Permeability is moderate to a depth of 30 inches in ihe Atencro soil and rapid below thrs depth. Available later capacity is low. The eflective rooiing depth is 60 Ircnes or more. Runotf is slow. and the hazard of water e:'osion is slight. r The Azeltine soil is deep and well drained. lt formed ] alluvium derived dominantly lrom sandstone and lnate. Typically, the surlace layer is reddish gray 4ravelly sandy loam about 9 inches thick. The upper 7 *rches of the substratum is gravelly loam. The lower aa.t to a depth ol 60 inches is extremely gravelly sand. The soil is calcareous throughout. ln some areas the ]rrrface layer is cobbly loam or sandy loam. I Permeability is rapid or very rapid below a depth of i 6 inches in the Azeltine soil. Available water capacity !s low. The ellective rooting depth is 60 inches or more. ]unoff is slow. and the hazard ol water erosion is sliqht. f This unit is used mainly for irrigated hay or pasture. lt !a,ro. is used for crops, urban development. wildlife -habitat. or rangeland. , ll this unit is used for hay and pasture, the main Itlmitations are the low available water capacity and l:mall stones. Grasses and legumes grow well il adequale fertilizer is used. Good management helps to !marntain optimum vigor and quality of forage plants. Because these soils are droughty, apptications of irrigation water shoutd be light and frequent. lrrigation water can be spplied by corrugation. sprinkler. and llooding methods. lf properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. This unit is moderately well suited to irrigated crops. ll furrow or corrugation irrigation systems are used, runs should be on the contour or across the slope. ll properly managed, the unit can produce 70 bushels of barley per acre annually. The potential plant community on thrs unit is rnainly western rvheatgrass, lndian ricegrass' needleandthread, big sagebrush. and Douglas rabbitbrush. Nevada Utuegrlss, prairie iunegrass, and bottlebrush squirreltail also are included. The average annual production of air' dry vegetation is about 800 pounds per acre. Suitable management practices include proper grazing use and a pianned grazing system. lf the quality of range vegetation has seriously deteriorated, seeding is needed. The main limitations are cobbles and stones. For successful seeding, a seedbed should be prepared and the seed drilled. Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. lf this unit is used for homesite development. the main limitation is small stones. Population growth has resulteC in increased ccns'.ruction of homes in areas of this unit. Topsoii can be stockpiled and used to reclaim areas dislurbed during ccnstruction. The gravel and cobbles in disturbed areas should be removed il the site is landscaped, particularly in areas used tor lawns' lf the density ot housing is moderate or high, community sewage systems are needed to prevent the contamination of water supplies resulting lrom seepage lrom onsite sewage disposal systems. This map unit G in capability subclass lVe' irrigated, and Vle, nonirrigated. lt is in the Rolling Loam range site. 42-Fluvaquents, 0 to 10 percent slopes. This broadly delined unit consists of deep. somewhat poorly drained, nearly level soils on llood plains and alluvial valley lloors, These soils formed in alluvium. Ftuvaquents are stratified and vary widely in texture and in depth to sand, gravel, and cobbles' Typically' the surface layer ranges from loamy sand to tine sandy loam or trom sitt loam to clay loam. The underlying layers are generally sandy loam or loam stratilied with sand, graret, and cobbles. ln some areas gravel and cobbles are on or near the surlace. The water table fluctuates between depths ol 0'5loot and 2.0 feet during spring and summer. These soils are occasionally flooded for briel periods in late spring and it ATTACHMENT C SEWER & DRAINAGE RE: I I t I I I I I I t I I I I I I I I I 'il 21,1998 Lou Moore 16613 Highway 82 Carbondale, CO 81623 2 Lot Subdivision, 16613 State Highway 82, Garfield County, Colorado SE Job No. 97006.02 Dear Mr. Moore: This letter comprises an engineering report for the subdivision application to Garfield County. I have taken site visits to observe site conditions and review the work performed under your 401 permit. Introduction The project consist initially of 5 ponds which one pond has been filed in from dredging material out of two other ponds. The pond tf,ut has been frled in is the proposed building sites for both lots. Each lot will be accessed by a separate driveway from the old Highway 82 which know is a frontage road. The driveways will be constructed on the existing dikes around the ponds, which historical acted as access to the ponds. Wastewater Treatrnent Facilitv Attached is a report prepared by Hepworth-Pawlak Geotechnical, Inc. to determine the percolation rate at the proposed on site wastewater facilities. The percolation rate of l6 to 45 minutes per inch is acceptable for a conventional infrltration septic system. An engineered on-site wastewater teatment system would be requred. The wastewater treatrnent system needs to be designed for the appropriate setback requirements and the size of the proposed home. Because of the potential high gro.ird*.t., and ttre leach field being placed in fill material, a sand filter of the mounded type would be the recommended iystem. The mounded system woutJneed to be designed with a minimum of 4 feet above the groundwater elevation. The surface of the field shouid be seeded after installation of the fields. We recommend using a native seed mix' A native seed mix doesn,t require irrigation. Irrigation, landscaping or plastic should not be installed over the fields. Livestock should not be confined in tne netO areas. The owner must assume the responsibiliry for the maintenance of the wastewater facility. The system is relatively maintenance free, but the septic tanks should be pumped every two years. Water usage should be monitored sL toilet seals, which malfunction or other excess water usage which could flood the leach field and lead to malfunction of the wastewater treatment system must be avoided. Site drainage The proposed site of the homes, driveways and improvements are not within the floodplain or floodway per the FEMA flooiptaln maps for the Roaring Fork River in this area. The primary off-site drainage basin is to the east and is drained by Blue creek along the eastern lot line of lot I to the Roaring Fork River. Summary It is our opinion that an on-site wastewater treatrnent system can be designed and constructed on the two residential lots that will meet the Garfield County and Colorado State Board of Health regulations. The post-development flow for the proposed two lot subdivision will not impede or change the historical flows either up-stream or downstream' Sincerely: SOPBIS ENGINEERING, LLC. ancYl'{ichol, P.E. SoPRls EuGllEERlllG o llG civil consultants HepuorthPau I ak Geotech TEL :303-945-8454 Fpr 20 98 15:59 No.005 P .02 t I t t I Hgpwonrn-Pawuar Georrcnxtclt., Iruc' April20, 1998 Lou Moore 166t3 Highway 82 Carbondale, Cblorado 81623 !020 Rord r$ Glrnwood Sprlngr. CO 01$1 Frr y,0 9{541!il Phonc 97t0 91979[t Iob No. 198 152 lr lr lr lr lr lr l: Subject: *fslli?3'$:i:1%[i5 f;m"fu'dihT,X3'jglir','331i*.3 Dcar Mr. Moore: As reoucstsd, a representarivc of Hcpworth - Pawlak Gcotechnical pcrformed #*i*F[:t,x"*$s,it'",r*ti"Y'*mi',':',$f itri,:dffi 'dT!11"ri1""" perc'otaiion teiting is a supplement to the prtvious study. Six shallow backhoe pits were excavated oqApril 15,-1998 at theplanned seP.u9. disoosal sitcs located as shown on Fig. l. The subsoils observed !P the Pcrcolauon h;f,.; i" ttil-d6g111oittre Uacfhoe pits consisted.of silty to verysilty san! an{ gravel ;iih *bb[ nii g"ner.tii simitar 1o'thosc. found in o111 ire.vioui Borings 2 and_ 3 in this area. The till cinsisted of both older embankment fill and more recstllly placed iiiii,riaTii, tr,c-pir,iali"a. ftre eieqsed soils were moist to highly mois131d 1et in tlre ffi;;-t;cnriiptilo iiti' fF pre-vioyg bgrings iDrhe area eu6orintered from 5 to l0 feet of rhe older manptiieO fill'unOerlain by n-anrral coarse gravels and rypically shallow groundwater level. The ocrcolarion tests wcrc pcrformed on April 16, 1998 wirh the r-csulS provided in the ;rftiliii;bie ii. ftrc periolation results were variable, ranging from abour 16 to 45 ;ilffid;-tnch-. Nii; *iioiition was measured at P-2, possluly due to wet soils and/or wster seePage into the test hole. The subsurface orofiles and the percolation test resuls indicate that conventional rrrfrtr*ii* CDti[ svitems app"ui fcasiblc in the uppcr. dricr frll soils with ProPg desiqn. ttre ttispoial systeir- should be designed by a civil engineer. Site .specrtlc JuUrEit prohle, irouudivarer level and perco'iation iesting shotrld bc obtained at the selected locations. If you havc any qucstions or if we can of further assistance, please contact us. Sincerely, HEPWORTH. PAW cc: NICAL, INC. David A. Young, t.E riolor-r,^u ! = :l';:J.-'* =4iffi$ DAYiksm rrr11i1'l11rr' attachmeut HPR-2@-1998 1?:13 3@3 945 8454 P.62 Sooris Eneineerine - Ann: Yancv Nichol Laho pcsi'sn Particrship - Attn:-Ron Liston HepuorthPaulak Geotech TEL :503-945-8454 Fpr 20 98 15:40I T T I I T I T I I T I t I I T T I I N0.005 LEGENO: o A EXPLORAIORY BORING FoR PRELIMINARY S,JBSOIL SruDY OATED MARCH Jl. 1998. PERCOLANON IEST HOLE FOR CURRENT SIUOY.srarE HtcHwAy a2 APPROXIMATE SC^LEl'= 2O0' EXISlING RIVER POND I t BORING 5 3HPp'2 t t"BoRlNG 2 RESIDENCES r9E 152 HEPWORTH - PAWLAK GEOTECHNICAL, INC.LOCAION OF PERCOLAT'ION TESI HOLES Fig. 1 HPR-2A-1998 t?|74 3A3 945 A454 LOr 2 I i,.'., ''.,',.'.,.,,,,:i i . . .:;:hi,:\... . :.:.:.:...:.:.:'..'..::. :....'.:..'J \ RAhPTNG FOfrT RIIEft \r LOT 1 t T I I I I I I I I T t I t I t T T t Hep.uJ0rtnHauJlak be0tecn ltL:5u5-945-8454 Flpr 20 98 15 :4U No . UU5 P . U4 JOB NO. 198 1s2 HEPWOBTH.PAWLAK GEOTECHNICAL, INC. TABLE I! PERCOLATION TEST RESULTS 1ol 2 HOIE nO.}IOLE DEPTH INCHESt LET{GTH OF I]TTERVAL (Mll{, WATER DEPTH AT START OF ITTTERVAT flxcl{Est WATEF DEPTH AT E'IID OF I?{TERVAL flitcHEsr OROP IN WATER TEVEL 0rct{Esl AVERAGE PERCOIATIOfI RATE (Mlf{.flr{cHr P-1 lLot 2l 24 15 (Fctlllcdl {Befillcdl GY.rt(U. 20 6rt 6Y.lt ,Y,4%% o 6'A Y. 5Y.4Vt ,1. 6%6Yt T. 6lt 4Y.l. P-2 (Lot 2l 30 16 I I 0 6 0 o 6 6 0 6 6 o 0 6 o 6 6 o 6 0 0 P.3 lLot Zl 39 15 (Rcllllcdl lRrflllodl lRclilledl 6%4Y.1Yt 16 7 6Y,1k 7%6 1Y. 6 4yt 1'h en 8ra 1 5Yt 4%1 4%3.A U. P-4 llor 1l 36 15 lRclillcdl I 7y,,t 36 7\l 7 ,/t 7 6',h h E 7%,ft 7Y.6!.A g%ev,Y. a%o % APR-24-1998 L?tt4 3A3 945 A454 Oq+/P.A4 I t I t I T I T I I I t T I T T I I I HeprrrorthPaulak Geotech TEL :303-945-8454 Fpr 20 98 15 :41 No .005 P .05 I{EPWORTH.PAWLAK GEOTECHNICAL, INC. TABLE II PERCOTATION TEST RESULTS JOB NO. 198 152 2ol 2 NOTE: Frrcolrtion tcathg gettotmod in nomlnal 12 inch dlrmatil by 12lnch drep hrnd dug hohe ln bolrom of thallowbtclhoo gits crcavatcd end prt-rotlcd on April 15, 199t. Ptrcohtlon la3t werc conducrrd on Apdl 16, 1998 bv Hepworth - Pcwlclr Gtotochalcrl. lnc. ,J.i,;../tf,i. RPR-28-1998 L?IL5 3A3 945 A454 95z P.AS r{otE No.HOIE DEPTH {rNcHESl TENGTH OF INTERVAL (MINI WATER DEPTH AT START OF O{TERVAL rtrrcHEs, WATER DEPTH AT EITID OF INTEiVAL 0r{cHEst DROP IT{ WATEB TEVEL 0NcHEsr AVERAGE PEBCOTANOil RATE lMlN./rf,cr{r P-6 (Lot 1l 40 15 (Rcfillodl E 6 1 45 8%7X 1 ,x GY.1 AYc 0 v, 6 67.Y. 6%6Y.ta 5%5 Y. P.6 (Lst 1l 36 16 I 7%Vt 30 7Y.SYt % 6y,6 h 6 6Yt ,t 5rA 5 h 5 4tA Yt 4%4 iT ATTACHMENT D WATER I I t I t lr lr lr lr lr lr lr lr lr lr lr l: t I ! I I I I t t I I I I I T I I I I P.O. Box 1908 1005 Cooper Ave. Glenwood Sprlngs, co 81602 (970) 94s-s70o (970) 945-1253 Fax ZarcaxgLLA AttrD Assoqafs, tf{c. April 21, 1998 Mr. Ron Liston Land Design PartnershiP 918 Cooper Ave. Glenwood Springs, CO 81601 RE: Englund & Moore Well Test Dear Ron: At your request, Zancanella and Associates, tnc. has supervised the testing of the Englund and Moore well, located southwest of the Catherine Store at the Roaring Fork River Bed and Breakfast, near Carbondale, Colorado (Figure 1)' The well is located in the SE1/4of the NW1/4 of Section 32, Township 7 South, Range 87 West of the 6th P.M., approximately 1550 feet from the East section line and 1880 feet from the North section line. Water Ouantity We have reviewed the Samuelson Pump Company's recent pump test on the subject well (attached). The pump test report indicates that the well has a depth of 40 feet and is constructed with a 7-inch diameter steel well casing. The water bearing portion of the well is in the Roaring Fork River alluvium. The static water level in the well on April 8, 1998 was 9.10 feet below the top of the well casing. The available drawdown in the well is approximately 30.9 feet (9.10 ft - 40 ft). The well was tested April 8, 1998 by Samuelson Pump Company . A % horse- power electric pump was supptied by the property owner at the site and was installed for the test. The pump was capable of pumping at a maximum rate of 7.8 gallons per minute (gpm), therefore this rate was used for the pump test. The well was pumped continuously for a 4+ hour period at this rate. Drawdown and time data were collected during the test and are presented in the attached Table 1a. The drawdown data can be used to project the yield of a well and associated aquifer. The drawdown is the distance the water level drops from the initial static water level and can vary over time, depending on the pumping intensity. We have plotted the pump test data in a drawdown vs. time curve for the well. The graph is shown on the attached Figure 2. The well drawdown was approximately 5 to 6 inches over the first few minutes of the test and remained at nearly that same level through the end of the 4-hour test. The water level while 6rr ofl emt r{c Cof{ gltLrAtrts I I I T I pumping at 7.5 gpm stayed well above the pump intake level of 40 ft during the pumping test. Based on the available drawdown the well should be able to pump continuously in excess of 1OO days at the test rate of 7.5 gpm. lndividual wells are proposed to serve each of the two lots. The above well should be typical of wells constructed in the Roaring Fork River alluvium in this area. Because of the relatively small amount of drawdown, recovery data for the well was collected for only a 1-minute period after pumping had stopped. The recovery data is presented in Table 1b. Water Ouality Water samples of the pumping discharge were taken from the subject well. As requested, the samptes were tested for bacteria, nitrates and nitrites. The bacteria test was performed by the colorado Department of Public Health and Environment. The test results showed that the sample from the well was "absent" of bacteria. A copy of the result is attached. Nitrate and nitrite concentrations were analyzed by Grand Junction Laboratories. Results are attached. The results for nitrites are below the laboratory's detection limit of 0.01 mg/l and are not a concern. The nitrate concentration, although detectable at1.42 mg/|, is well below the maximum contaminant level (MCL) of 1O mg/l and is within acceptable limits. lf you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, lnc. I t I t I T I I I I I I I I t Thomas A. Zancanella, P.E. cc: Attachments:Figures 1 and 2 Tables 1a and 1b Samuetson Pump Company Well Test Report CDPHE Water BacteriologY RePort Grand Junction Laboratories Analytical Report L:\98507\Well Test Ltr.wpd I I I I I I lr lr lr lr lr lr t: lr lr lr l: t I I I I I TABLE 1a Englund & Moore Roaring River Bed & Breakfast Well PUMPING TEST DATA TABLE lb Englund & Moore Roaring River Bed & Breakfast Wel! RECOVERY TEST DATA lr lr lr lr lr l: lr DATE TtlUIE LEVEL DOWI{t Uf 0E Apr-9E 0E-Apr€E 0E Apr.gE 0E"Apr€E 0&Apr-9E o&Apr.96 OO+pr-98 0&Apr-96 g6"1pr-9E O&Apr-gE 0&Apr-9E o&Apr-gE gE Apr€8 o&AprgE 0E Apr-gE 12:31 PM 12:32 PM 12:33 PM 12i3{PM 12:35 m,l 12:36 PM 12:38 PM 12:40 PM 12i42PM 12:45 PM 01:0O PM 01:10 PM 01:20 PM 01:30 PM 02:30 PM 04:40 PM 9.54 9.60 9.52 10.0E 9.54 9.54 9.52 9.52 9.50 9.54 9.54 9.54 9.52 9.5E 9.54 9.63 0.4 0.5 0.4 1.0 0.4 0.4 0.4 o.4 0.4 0.4 0.4 0.4 0.4 0.5 0,4 0.5 I 2 3 4 5 6 E t0 12 15 30 40 50 60 120 250 DATE T]iiE LEVEL DOWN t t'UT gE.Apr-96 O4:41 PM 9.33 o.2 251 1 251.O pumptst.wk4 IIIIIIIIIIIIIIIIITI Englund & Moore, B & B Well Drawdown vs Time .a-,oo]F c =oE =ot-o 0 -1 -2 -3 -4 -5 0.1 10 Time t (minutes) 100 1 000 Figure 2 4-Hour Pump Test 418198 a J )a .Al.\^. \1 v 1 J uat L'$,r op: I o9r XrtZ 9'L '4 2 -rL ozt 06 09 \ob-tbi Og os \' ',1)- rL of 0t t' 7) -rb ot 0e ''/) -,A 0f oz UitQ S'L 0u sr (uol 9 -rb 9l ZL \'2-tb zt OL \u -44 -tb 0t I tP,t2 -tb s 9 Yr1r29'L ca) -rb I I -lD ,r/221 ob il 2-tb I I al -1Ol t I ,r 2- rb c z )4L-tb t Iu?'tb t V, -tb I VI-,b 0 ,r?b:b nhll'tb o -:-doi:v 13A31 'Nlhl ; 31ril1 nd9 13Al'l NIFI 3tlll ABIIAOC3U iltoonvuo dun3 pe1 - ,,qf tT l,loo^lEro --ErJs.,,f .zrsouFsc *"*#",,o frt{x/-4/7 I I I I I I I I I I t I I I I I I I I o a(yg ruod3u lsf,J,1'I3il ( o IJ iJ, 9l 3 l--T_-- I I r tr{ I t I t I t I I I I I I t I t I I t I LABORATORY & RADIATION SERVICES SIOO LOWRY BOULEVAFID US MAIL PO BOX 17123 DENVEFI, CO 80217 98 0 0 27 07war*R BACTEHIOLOGY G SAMPLE INFORMATION: ! colauuHrry NON.COMMUNIry PBIVATE fl nourrrue E naw tr fi sr.c,o, PURPosE E rnrsHeo OATE TIME BEPEAT FOR THE MONTH OF "orrr"', ro 4-/ 8 / 70 .3 : 35 ad,Wfu REcErvEo / / -8il-RESULTS: SEE REVERSE FoR EXPLANATIoN rorAL coLrFoRM fl ,".s.", flnr..*, MOST PROBABLE NO, ORDERED BY:(SAMPLE MAY NOT BE TESTEO IF ALL INFORMATION IS NOT PFOVIDED) 1770t ?4€-570a PHONE c;a-/es COLIFORi,VI0OML Z, TEST OBOEFED p sro toct E orne puro.,c. FEE STAMP |,b'il LAB 106 (07197) c EW"d- I I I ll lr lr lr l: li t: [flAllI POil JtJ[lIIIOl'l LAflOflAIOflIIS VEHUE . FHoN e ?A2'?6lE o GRANO JUNCTIoN' colaiADo ttlot JOHN C. T.EPHART & CO. 4/9/94 AI{ALYTICAL R.EFORT Zancanel 1a 3* Assoc' t'lar k HaYes (970) 94a-'a7t)t) PO Bo:* 19OB Glenr.rood SPringsr CO B16Ct? Lborrt<ry No.7?to Rccricd born: water Srmph.Gstorncl No. - Drt! Rcctitrud 4/Zri/98 SampI e Ni trate (,rtj) Ili tr i te (N) Nitrate/Ni tri te (N) 7?10 Roar i ng For ll E{3'B Gar{ield Cor-rntY 1.42 ngll (r.0(:) m9/l 1.4? ng/l t{e} } t4/A/9A 3:35 Pl'l NOTE: SarnPles were not tal<en bY #or ni trr te , 4/ i7 /i8 tor ni trate ' o{ AETM Standards"' or composi ted i n 1 a'u ' Te='red 4/ LC/9e itre'ui-rrf,d Df,A?6 -qi)?' +f oin "Annlral E-=c!l fli rcr* ar : E - Etlr rFr - l'' ,ill,i il'iL ';'i; ,. ;: ' r. ': I ' , Iht! RsDfiid I I I T I I I I T I I I I I T T I T Colorado Dcpartment of Heslth - Ddnklng Watcr Sccdon REPORTING FORM FoR NITRATE/NITRITE ar NlTRoGElu AI{ALYSES SAMPIIR: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIoUAL SOURCE/PI-ANT or COMpOSITE SET 1O.O D3867-908 l.o D38tr7'=9UE (mgfll t€b MOL 0.01 0.01 o-01 NT = Not T.srcd for oonfourrJ I r Tha rodye tr ,olrld ta th. .raoar.t.d H.nt rr watt a ln fto rarrglt mg/t r Mligrmr p.. Utor MCL r Mrxirrnn ContryJnrrt Lrrrd tsb MDL = L.$or.tory lr.thdd D.t.oiirn Urdt H a llolding?kn h-b+rncxootdd Title 4t20t98 Date MAIL RESULTS TO: Colorado Departmerrt ol Health, WOCO-DW-B2, Bevised 6 /94 - J:II,VP\I-ABFORMS\NTTRATE. FRM 4300 Cirerry Creek Drive South. Denver, CO 80222-tS30 pr;nh "*rNfinacfloN$DEnNITIONS ON BACXOF p1gX1v..tt pvrrsrD t: ' iii it cow,rx; Garfi*l/ DArE coLLECTED: coNrAcr eeesox: 6ra4 PeeL, pHoNE: to?o | ?z.<-.c?do sAMpLE cor r scltD g,t, .-{t-*( ft€Z rtME corLECrEo:- 3 i SS ,@ WATER TYPE: RAW r.rct!,irrd,rrG!.{ l*{ q CHLORINATED I t or OTHER TREATMENT t I YEs ( I otxo ul(THEsE REsl,rLTs ARE To BE usED To FULFTLL srATE sAMpuNG REoutREMENTs 4t I t?t soaRCE(S):I0CAflON(S): - A&nss SAMPTB tufit\s): (/;oq j z alcrorHt DO SAMPIES ilEED TO BE COMFOSTTED BY IIBOnATORY ? yES I I ot No U4 For Laborutoty Ute Only fubw Thb Ue LABOMTORy SAMpLE 1 72LO CLTENT NAME or tD# ?_ancane I 1a r Assoc. TABORATORY NAME Grand Jct. Laboratories rA8 PHONE ' | 970t 242-76t8 DATE HECEIVED lN I-ABORATORy 4 t 9 t 98 DATE ANALyZED see commenrs COMMENTS:"Annual Book TM Standa " Tested 4 for nitrite, 4/L7/98 for nitrate. PARA,I'ETER NITBATENITRITE+'I NITRATE+I NITRITE.N lmg/il BEST.ILT 1.42 L.42-TTO0- lmg/ll MCL ro.0 EPA hlETtiop D3867-908 SYSTEM/ESTAEI.ISH M ENT ;-ilffiffiI 200 OTFICE Of THE STATT ENGINEER Division of Water Resources Depdrtment of Natural Resources 131 I Sherrnan $rtqt, Rrnm 818 Denver, Coloradrr E0203 Phone (J03) 866-3581 FAX (3Ol) 86t -1589 I I I ll lr lr lr l: l: ll STNIE OF COLOTUDO [ ,'n* Cl.r., ,.- January 16, 1998 Mart Bean C"fi"fO County Building and Planning 1Og 8th St Ste 303 Glenwood SPrings CO 81e0l RE: Englund /Moore Subdivision Sr;NtJvy.& lrzswz. Ssc. 32, T7S, R87W' 6TH PM W. Oirition 5, W- Distict 38 ; Dear Mr. Bean: This retter is in response to information received on December 1g,1gg7, during a phone conversation wi, paur Bussone, the appricanrs conzuGni la, Bussone informed us that wett permit nos' 4928&F and 4gzg1_Fwere approved'for the Engrand/Moore subdivision, which is a proposalto subdivide a parcel of approimate ry 22.6acres into 2 roti of 11.2 and 11.4 acr€s, with One singre famiry drre[ing on each lot' There are several existing ponds on the pr-*"r rhe applbant proposeo to.eSyide water through individual on lot welts pursu"nito "-*ntract with tn" a"i"rt w"tii conservancy District (the District)' A coPy of the contrect was provioe;. S;;9; oisposatwillbe through individual septic systams' we have confirmad that the well permits were issued by this office on December 1. 1997' pursuant to contracts with the District. The wells "r" "*n limited to ordinary housahold P..uPo:es inskle one single family dweling with an attached carEtaker apartrnent and the inigation of not more than 6,0OO square feet of hOme garden and rawns. However, we have not recerveo a wert compretion Report, pump rnstallation Report or statement of Beneficiar Use for these weils. rf these documents are not receive prior to December 1, 1998' the wett permits will expire and be of no effect Based on the above, it is our opinion, pursuant to Section 3G2&136(1XhXl), that the proposed water supply wlll not."rr" maeriil injury to decreed water 1ghts, so tong as the applicant maintains valid well permats. Due to insutfrcient infoimation we cannot comment on the pnysical adequacy of the water supply' lf you or the applicant n", "ny questions conceming this matter, please contasl Craig Lis of this office for assistance, Roy &rma Cowtnx lems S. Ludrhcad txecutir,e D[ec-lo, Hal D.9mpmn $rta tn8n6)r Sincerely, \-offi.-"etry,\ Steve Lautenschlager Assistant State Engine€r SPUCMUenglundl-doc cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner, District 38 Form Nd. GWS-2s OFFICE OF THE STATE ENGINEER COLORADO DMISION OF WATER RESOURCES 816 Contennl,al Bldg., 1313 Shcrmen St, Dcnvcr, Colotrdo E@3 (303) 86e3s0l Lot: B Btoctc Fiting: SuMlu MOOBE ENGLUNO DGMPTION I I aeucANr I APPROVED WELL LOCAT1ON GARFIELD COUNTY SE U4 Twp 7S NW U4 Seaion 32 MNGE 87 W 6th P.M.I I I I I t I I I I I I I T I LUTHER E MOORE 16613 HWY 82 CARBONDALE CO 81623. (970)963-0442 DISTANCES FROM SECT1ON LINES 7320 Fl. fiom North Section Line 1680 Ft. from west seaion une WEIL PERMT NUMBEF Drv. s cNw. a o49281 .F ._ MOWD 38 DES. BASIN PERMIT TO CONSTRUCT A WELL 1) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT @NDMONS OF APPROVAL Thls well shall be used in such a way as to cause no matsrial lnlury lo exlstlng water rlghts. The issuance of the p€rmll do€s not assure the appllcant that no injury wlll occur to another vest€d wator rlght or preclude anothsr owner of a vssted water right lrom seeking relief ln a ctvll coult action. The construction o, thls well shall be ln compllance with th6 Waler Well Constructlon Rul6s 2 CCR 4{12'2, unless apprwal of a varlance has been granted by th6 state Board ol Examiners of water well construction and Pump lnstallatlon Contractors in accordance wilh Bule 18. Approved pursuanr to cRS 37-90-137(2) for the construction ol a w6[, appropriating ground water trlbutaty lo the Roarlng Fork River, as an alternate point of div€rsion to th6 Basalt Conduit, on th€ condition tnat the woll shall be operated qly when the Basal water conservancy Distril's substitute water supply plan, approved by the state Engineer, is in eflecl @ when a water allotment contract betwe€n ths well owner and th€ Basah water Conservancy oistrict lor the rsloase of replacementwaler lrom.Ruedi Reservoir ls in Etfect, gg under an approved ptan tor augmentation. 'gwCo contract No. 3.3-5.297 (2 d 2 wdE @\'or€d by lhb qrlracl). The use of ground walsr trom this we1 is 1mired to o(dinary lrousehokl purycss ilsicte one. (1) sirElo family ctwelling !4h 8'l dtach€d caretakor apartmont and th€ inigation of nct more lhan 6,(XX) square f€€t (0.14 rcre] d trorne garctens arld lswns All use of this well will be curlailed unless th6 wat€r allotmenl contract or a Plan for augmentation is ln eflecl. This well ls to b€ located on two of two 11 acre residential tracts, being Traa B, of the (pending) Moore-Englund subdivision, Garlield county' The maximum pumping rat€ shall not exceed 15 GPM' 1 The annual amount ot ground wder to be approprlated from thls well tn comtination with th€ well seNing Tracl A, of Moore' Englund, Garfield County subdivision, shall not exceed two (2) acrs'fe€t (651,Em gdbns). A toulizing tlow meter must bo lrstalled on this well and maintained in good working order, Permanent records of all cliversions must be maintained by the well owner (recorded at least annually) and submined lo the Division Engineer uPon rsquest' The woll must be constructed not more than 2OO fset from the location specilied on lhis permil. 2) 3) 4) 5) 6) n 8) s)The owner shall mark fie well ln a conspicuous place with well permit number(s), name of the aquiter, and court case number(s) as appropriate. The owner shall take necessary means and precautions to pres€rve these malk''^n/",,.r/rt7 Ou/NER'S COPY DArE rssuED BEC 0 1 1997 Dlv. 5 cNw. t3 wo 38 DES' BASIN E__ MD -'i7 32 6th P.M. Une Une \ --.:-r\- g' '- oFFrcE oF fiE srArE ENGINEER BpCEIVED\ U .?orm No.f :il;; colonapo DrvtstoN oF wArER REsouRcEs I Y'!Y -' ?llffS:t$? Brds..l3ro shorman sr, Dorucr, coro.do 6@03 ',Yi" llr / L'!'' I l u{Errr 'E- I AppLlcANr | ,,u. s cNw. t3 wo 38 DEs' BASIN MD I r APPRovEo wELLlgcATloN I eenrte..o couNw I - sw 114 Nw 1/4 sectiqt I f i#fn':Jt?"-= rwP 7 s MNGE 87 w : I t iacaorlonLE co 81623' prsrANcEs FR.M sEcrtoN LINEq I I (e7o)e63'0442 egso rt' ltorn North seabn I pEHMrro coNsrRucrAwEtr 1315 Ft' from west seajpn lr , m ;;,,rffi H x,TtllBTi;J:: s"'ffi'."Js:i I r I tto, seeklng rellel ln a civll court actlon'tllr la ]h.^::.x:l|TrJ[ffi,f"ixL'3,L'3HffuH;i]:,xfi,i#:",,ff8::1'ilH',:f.?:1ffi;lillll3i',1i ll l'mi'm*m I I I ., ffi';, ground war* rr^ojn.rhis wer is rimit€d ro orctinary rro.senok p,.pG€s lrEide one (1) sngle fiamiv drel lrl'iffifrffi,'ffitHtrH',*#y*,lrmff *=n**;{,":ift1"1'ffi,1T#rrtr I I | ; U*ffi;ffi:T"*t.',**-H*:i,i*'.x** istffi'fi#,'ihe we seNne rrac'i B lr l, i::ll:xm,ffiif,ffiff;Y#,:l:}:J"Ii:$:#:xlii[3$#"-l:5'."1ffffi:r'trffi[:::'j;1i I I I " The welt must be constructed not more rhan 2oo leet from th€ locailon sP€cilied on this permit' II |; *:rm:jt:'ffri}"";,"l;:,i;i:"li::::il'fi"'#:H"J::lx'ulrfll^I"'il'l';1'-H#7m lr I ouururn's coPYlIl lnppnovEo #il a. @ ==^^. ^*@It l*]]],r,*" *,,.,,P oo'='"*offittn'ffi'oE' lrI APPROVEO WELL LOCATIO ffi-rteuo couNw PEHMT TO CONSTRUCT A WELL 8) e) Thls well shall be usect ln such a way as to cause no material lnlury to exisling water rlghts.-^The issuanc€ of the p€rmit doos not assure ths apprcad that no rnjury wi* occur to another vesred *r", ffi'oi pr*rrJ6 another owner or I vesitsd water right lrom Seeklng r8llel ln a civll court acllon' The constructlon of thls well shall be ln comptiance wlth the water well consrruclion Rules 2 C-CR 4@'2' unleSS approval ol a varrance has been granred by rhe srare eoaro oiE irin.r, or warer ri.ri;;;rdion and PumP lnstallatlon contractors ln accordance with Rule 18. Approved pursuant ro c.s 37-90-137(2) ror rhe constructron of a wer, approprratlng gro-und water trrbuiary to the Roarlng Fork River, as an arrernare pini oioiu.,.ionto rne a.".rr c"norit, on rne "ono[6n in.t tni ietr shall be operated su when tho Basalt waer conseryancy Dtstrict,s substilure warer su;;i;ril;prroved by ,nl si"i.trgineer, is in eflecl 4glwhen a wator allotmont conrract b€tw.en the we, owner and the Basa-n-*i", bon"rr""w oiLlJ'r- tri" rereas-e-oJ-reptliement water from Ru€di Reservoir is in ofrecr, g under an approved pr.n roi.rg*niiiion. 'awdii-oonr,"a-xo. 3.g.5.292 (l G' 2 wdts co\'€r€d by ,.is codracl). Tho us€ of ground warer rrom rhis we1 is rimited to ordinary tro.senok purpTt |ISP T. (1) snsle fiamiv drell'm !4E an drach€d caretak€r aparrmenr and rhe inigari<rn d nd rnoro'rhan t,* d"J" t*, to tt ^g^:) jJ hotn" gar&ns and hrns All use of lhis we* wi* be curtaired unress the water arotment contracl or r prun pl auomlnralio-n rs in ettea' ms well ls to b€ rocated on one or two 11 acre residentiar tractsl'olin'j i..l-i ;i ,n" d"loingi uooie-Engtund subdivision' Garlield county' The maximum PUmPing rate shall not €xceed 15 GPM' : The annuar amount of ground warsr to be approprrated trom this we, rn combination wirh the well seruing Tract B' ol Moore' Engtund, Garfteld Coun"t, su'oarr[ion, .rt"l i',ir g[o(l;two (Z) acre-leet (651'm galorls)' Atdarizing,ow m€iler must bs ir*ilailoct on this we[ and maiilained in good working order' Perman€nt ]ecords of all cllverslons musr be mainrained Dy rhe we, owner (recoro.o "tl"*i irnuatty) and-sGmineo io the Division Engineer upon requesl' The well must be construcled not more rhan 2OO leet from th€ locailon sP€cilied on this permit' The owner sha, mark the we, in a conspicuous prace wiih we, permil number(s), name or the aquiler, and courl case number(s) as appropriate. The own€r shatltake necsssatl rt-" ""0 jrecautions to Pressrve lh6se markingfutt,g.'f7 OucNI[I'S COPY ISSUANCE OF THIS PEBMIT DOES NOT CONFER A WATER RIGHT @NDMONS OF APPBOVAL s) 6) n 4) 3) 2) 1) APPR.,ED -lrl A 4'ry -{? = ','rLc gg7 Receipt No. M21a2fi OA - I t I I I BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 297 hrrsuant to C.R.S. L973,5745-l3l Luther E. Moore, Diana G. Moore and Charles E. Englund (hereinafter collectively referred to as "Applicant") have applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Stautes, 1973,3745-101, gt seq., for an alloment Contract for beneficial use of warcr rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following tenns and conditions: 1. OUANTITY: In consideration of the covenants and conditions herein contained, Applicant shail be entitled to receive and apply to beneficial use 0.067 cubic feet of water per second from the District's direct flow rights and 2.0 acre feet per year of storage water owned or conrrolled by the Districr. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, or other decrees or water righB hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's alloned rights shall be obtained. The Applicant's use of any of the District's warer rights shall be subject to any and all tenns and conditions imposed by the Water Court on the use of ttre District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage faciliry and release of warer at such outlet works shall constirute full performance of the District's delivery obligadon. Delivery of water from the District's storage rights in Ruedi Reservoir shall be subject to ttre Disrrict's lease Contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the warers herein granted for beneficial purposes limited to the augmentation of existing and future wells and orher warer sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permined by the applicable govemmenul aurhoriry havingjurisdiction over the property served. Applicant's contemplated usage for the water alloned hereunder is for the following use or uses: Domestic/Municipal - Industriai/commercial _ Agricultural Applicant acknowledges *tat usage of the District's water righrs as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on irs own, the right to use certain waters. It is acknowledged that certain locations within the District may not be susceptible to service x Other I t I I t t I I I I I T I I I I t I t I t I t I T I t I I t I t I solely by the District's water righs allonedhereunder or the Disuict's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District,s allotted water rights, or in the event said service is inadequate, Applicant rpay, utilize zuch other water rights, by way of zupplementing the District's water rights, or otherwise, as is necessary to assure water service zufficienfly reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the bouudaries of the District. The District reseryes the exclusive right to review and approve any conditions which may be anached to judicial approval of Applicant's use of the District's water righs allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the alloment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such alloned water rights; provided, however, in ttre event any zuch adjudication involves more of the District's water righs than are alloned pursuant to rhis Conrract, Applicantshall bear only a pro-rata portion of such expenses. Applicant shall be solely responsible for provirling works and facilities, if any, necessary to utilize the District's water rights alloned hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amounr of water available in prioriry at the original point of diversion of the District's applicable warer right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimare any conveyance losses benveen the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using ttre District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, bur nor at the original point of diversion, only as against water rights which are junior ro the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and instirute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water alloned to Applicant hereunder, the Applicanr shall give the Disrrict wrinen notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicanr's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed wittr the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District ttrat the payment is due. Said notice will advise the Applicant, among other things, of the warcr delivery year to which the payment shall apply and the price which is applicable to that year. If a paymenr is not made by the due date, written notice thereof will be sent by the Disnict to rhe Applicant at Applicant's address set forth below. If payment is not made within thgry (30) days after said wrinen notice, ttre District may, at its option, elect to terminate all of the Applicant's right, title, or interest I I t I I t t I I I t I I I I I T T t under this Contract, in which event the water right alloaed hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Dfuectors. In the event water deliveries hereunder are made by or purzuant to agreement with some other person' corporation, quasi-municipal entity, or govenrmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuail to this Contract, and in such event neither the Distict nor zuch persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to rnake the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harrrless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the paymens herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Conrract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior wrinen approval of the Board of Directors of the District. In the event the water right alloned hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by nvo (2) or more uses of the water right alloned hereunder, the Applicant may assign the Applicanr's rights hereunder oniy to a homeowners association, water district, water and sanitation disrrict or other special district properly organized and existing under and by virnre of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the abiliry and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's Property to be served under this Contract, have any righs hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignmentof the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The resnictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of ail or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the Disrrict, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within T I t I t I T I I I T I t I T I I I I the County in which the water alloned hereuuder is to be used, together with all amendments of and zupplemerus ro auy of the foregoing. 8' CURTAILMENT OF USE: The water service provided hereunder is expressly zubject to the provisions of that cenain Stipulation in Case No. 80 CW 253 on file in the District Coun in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out-of-house municipal and domesdc water demands upou the occrurence of certain even6 and upon the District giving notice of zuch curtailment, all as more fully set forth in said Stipu- lation. 9.: Applicant shall euter into an 'Operation and MainteluDce Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requisted by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right alloned hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights alloned hereunder without the prior wrifien approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the Disrict on Septemb er 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the warer or water rights of the District, but that Applicant is entitled to the right to use the warer right alloned hereunder, subject to the limitations, obligations and conditions of this contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water righs alloned hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 14. WELL SPACING REOLTIREMENTS: Applicant must comply with the wetl-spacing requirements set forth in C.R.S. $37-90-137, as amended, if applicable. Compliance with said stamtory well-spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 4 I I I I I I I T I t T I 15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contacr, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Charles E. Applicant's Address: 16613 Highway 82 Carbondale, CO 81623 srATE OF COLORADO ) GctYfuu. ) ss' couNTY gp4sf,(tli- - ) Subscribed and sworn to before me this Luther E. Moore and Diana G. Moore. day of tr-.e Ycr*+r-b , 1999t bY I I T I I I I #'.t#<I lrivoA..;. GABOSSI MTNESS mY hand and official seal. My commission exPires: STATE OF COLORADO ) ) ss. COUNTY OF EL PASO ) Subscribed and sworn to before me this Eday of f-. l-,. . ,, , 199!,by Charles E. Englund. ' / . '\'.''c't' '., .- WITNESS my hand and official seal. My commission exPires: ... 'i ,- a -t", .l t- ( Diana G. rTih- I I I I I I I I I I I I I I T T I I I ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT LUTIIER E. MOORE AIYD CEARLES E. ENGLI.IND CONTRACT NO. 297 Application having been made by or on behalf of Luther E. Moore, Diana G. Moore and Charles E. Englund ('Applicant') and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for .067 cubic feet of water per second from the District's direct flow rights and 2.0 acre feet per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy Disrict, for the beneficial use of the water dlored in the auached Contract, upon the terms, conditious and manner of payment as therein specified and zubject to the following specific conditions: 1. The Applicant hes acknowledged that the land to be benefitted by the Contract is described in Exhibit "A" attached hereto and incorporated herein by reference. 2. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereuuder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. The Applicants, and each of them, acknowledge for themselves and for their successors in interest that the alloturent of water under this Contract is expressly conditioned upon the full and timely performance of all obligations of this Contract. 4. By acceptance of this Contract, Applicant acknowledges that within rwo years of the date hereof or such later date as the Disuict may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water alloment as provided in this Contract shall be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. The District may establish an augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a Disrict plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata poftion of the acual expenses incurred by the District in completing said plan of augmentation, &e District shall refund such excess to the Contract holder. 5. Any and all conditioru imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmeDtation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constiftte the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. -1- ,r,O,fi 4 , -)_ I t t I I I I I I I t I T I t t I I I 6' If Applicanr rntends to divert water tbrough a well or wells, Applicaut shallprovide the District a copy of Applicanfs valid well permit for each such well before the Districtis obligated to deliver warcr for the benefit of Applicant hereund.r. eppri.anr must comply withthe well-spacing requirements set forth in c.it.s. $37-90-137, as lmended, if apitilaute.compliance with serd statutory well-spacing criteria shall be an express conditiou of theextension of service hereunder, and the Distiict shall in no way be liable for an Applicant;sfailure to comply. 7 ' In the event of the division of the properry served by this Contract into nro (2)or more parcels owned by different persons, ,n hppricant shail establish a HomeownersAssociation or other lutity acceptable to the District for the ongoing paymenr of charges due 9nde1 the approved contract, or Appliciut shalt appiy for selarale'Cbmracts to serve theindividual parcels' The Applictot thrli give notice a'*.h^ers of all or any parr of the zubjectproperty of the obligations of this Contract, and shall record such notice in the records of theclerk aud Recorder of Garfield county, colorado. Applicant and his successors and assigrsshall comply with all.rules and regulatior,r oo* existinf -or hereafter adopted by the District toenforce paymeil of charges due under the approved clntract by present and funrre owners ofall or any pan of the real property served unOe, this Contract. Approved ,Li, tt day of Attest: -) By, 1=')ia', u /.,+ ,,, ,h/) , .'/ Barbara Mick - Secretary- BASALT WATER CONSERVANCY DISTRICT llqrru&pW_ru I I t I I I I I I t t I t I I T I I I EXHTBIT A PARCEL A TIIE EASTERLY 305.5 FEET OF LOT 13 A}ID THAT PART OF LOTS 6, 11A}ID L2, LYING SOTJ:TH OF TIIE SOIITII BOUNDARY LINE OF STATE HTGIIWAy No. 82, rN sEcrroN 32, To[.iNsHrp 7 soul[H, RANGE 87WEST OF TT{E STXIII PRTNCTPAI MERIDT.A.}I EXCEPTING TTIEREFROM A PARCEL OF LA,IID DESCRTBED AS FOLLOWS: BEGINNTNG AT A POI}E ON THE SOU:THERtY LINE OF STATE HTGIIWAYNO. 82 WHENCE TI{E NOR$IWEST CORNER OF SECTION 31, TOWNSHIP 7soulTr, RANGE 87 wEsr oF THE srxrll PRrNcrpAt I,lERrDrAIv, BEARS NORTI{ 75 DEGREES 57' WEST, 5352 .8 FEET; THENCE SOUIIT 80 WEST 14' EAST 399.33 FEET AIONG T:{E SOIITHER].YLINE OF STATE HTGHWAY NO. 82; THENCE SOUIII O DEGREES :.4' EAST 321.3 TI{ENCE SOUTII ].2 DEGREES 09' EAST 679.0 TIIE ROARING FORK RI\ER; T!IEr{CE SOUU{ 59 DEGREES 51' WEST, 509.8 FEET OF THE ROARTNG FORK RTVER; TTTENCE NORTI{ 1 DEGREES OO' WEST 804 . 05 FEET; THENCS NORTII 4 DEGREES 55' EAST 46L.9 FEET TO TITE SOUIIIERLYLINE OF STATE HIGTTWAY NO. 82, T:IE POIIST OF BEGINNING. AIso EXCEPTING TIIEREFROM A PARCEL oF I"AI{D DESCRTBED AS FOLLOWS: BEGINNING AT A POI}IT ON TIIE SOTM{ERI,Y RIGITT OF WAY LTNE OFSAiD IiIGI{WAY T{HENCE TIiE WITNESS POINIT TO TIIE NORTHWEST CORNER OF SAID SECTION 3i BEARS: NORTTI 79 DEGREES 57' O2'' WES?284.84 FEET A}ID NORTLT 47 DEGREES 04'!4'' WEST 2539.55 FEET; T:TENCE SOT'TH 79 DEGREES 57'O2I' f,!1,l$f 5OO. OO FEET AIONG THE SOUTIIERIY RIGI{T OF WAY LINE OF SAID HTGIII{AY; TT{ENCs SOtJItrI 05 DEGREES TTIENCE NORTI{ 79 DEGREES T:{ENCE NORfi{ 10 DEGREES ON TTIE SOUTHERLY RIGIflT OF BEGINNING. TO THE CENTER OF AIONG THE CENTER i 05 / 50 " 9rEsT 150 .55 FEET;57'02|l WEST 6L2.gg FEET; 02'53 N EAST 15O. OO FEET, TO A POINT OF WAY LINE OF SAID HTGHI{AY, TEIE POI}TT AISO EXCEPTING TIIEREFROM A PARCEL OF I.A}TD DESCR.IBED AS FOLLOWS: BEGINNING AT A POTMT ON THE SOUTHERIY RIGIflT OF WAY FENCE OFSAID HIGII!{AY WHENCE TIIE WTTNESS CORNERS OF SECTION 29, 30,31, AbID 32 rN sArD TosEIsHrP AIID RANGE BEARS: NoRTTI 48 DEGREES 03'54'' WEST 2620.84 FEET; TIIENCE SOU:EI 79 DEGREES 57'O2't EASTRTGIII OF WAY FENCE,. 154 .35 156.07 FEET AIONG SAID FEET; o=-i b=!!A-!- -rl- --5s- Y-N\_FNI- (.l-(9 \:O r.I(o- c, (o_ d-Po-$|- -ITD-E-o: S=r---- ilr D --a U.E-'ll O-H':mo-l- - tr, t llr b- o(c- a-,rt I-^ -I - 1,, I EXHIBIT A TITENCENORTTITgDEGREESST'02''WEST154'35 FEET; FEET, TO A POINT ^ALSO EXCEPTING TIEREFROM:I iT;.iil-oi-r.o* srruArg rN Lor 6 rN sEcrroN 32' rowNSHrP 7 I SOT]TI{, RANGE 87 WEST OF TTIE SIXTT{ PRINCTPAI MERIDIA}I' GARFTELD coulmY, colonaool-lirlrc sotmrgRtY oF THE sourHERLY I }trH#ilti*u:i'iter;y'm:r'E IITGIIT{AY No 82' M.RE r BEGTNNING AT A POINT ON THE SOUITHERtY RIGIff:9IIY FENCE OF t !ff;-iiiAiryov ,oHENcE ,'rn winvsss comren ro sEcrroNs 2e ' 30' 31 A}ID 32 IN SAID To9,INSHIP A}ro nA}rcg gEARs N. 48 DEGREES 03,54|| I mEi':l-;i'li:ffi8:',1',z3ll I: 1!:,i3 iEEIi TI{E]qCE S. 01 DEGREES gZ'i8'' W. 77 '37 FEET TO A POINT ON A I fffii;"m,,:*1,"&,iY$"LH',!XgEti"+* FerroriyG couRsES ; s. 83 DEGREES 35'O7n W. 11-.it FEET TO AN AI{GLE POrMr rN sArD I lHfiEi -. 74 DEGREE' 03,4s" w. L0.72 FEE' ro Ar{ A.{GLE por}rr - iil"iti'r1"ilit;TcREEs zz,sL,, lo. 31.14 FEET ro Ar{ Ar{cLE PorNr I iN SAID FENCE;r TTTENCE N. G7 DEGREES 3l'57rr W. 3.13 FEET TO AII AI{GLE POIMr IN r Hi"E'Iit;8 DEGREE' 4e, 48,' !{. 7s .oo FEE' ro ArI ANGLE Por}rr r IN SAID FENCE; TgENcE N. ia ogcREgs 11'16" w' 50'78 FEET; I ffii,iryitdT:;ffim*tff:E,:i i?i:":*ffiiln. I ilf"ti,r_:sx:il8:i:,#;ru t;"*:1F ;t+',xfiE;=.3'3;i3 FEE' fl{E}IcES.?9DEGREES57'o2l'E.87.36FEETAloNGSAID I i-.ffi;-iv nieit-or-wAY rsNca ro rHE PorNr oF BEGTNNTNG ' CCUNTY OF GARFIETD I srArE oF coLoRADo PARCEL B =:--r {r 6I NI(.II FI(oI {: s-5-e-$- t-I Nr-I !- Iolr iaf--: II (, o 5v Nts 6to E' Poo - Poo GlDv1ltsnlFC' c,l.tllux I I I I ATRACToFI.A}IDSITI]ATEDINLoTSIoA}IDIgoFSECTIoN32, TowNsHIPlSotm{,RANGEazwgstoFTIIESIXTHPRINCIPAI MERTDIAII oasCiiED AS roi,LOwS , ALL TIIAT PORTION OF ABO\E LOTS 10 AI.ID rg-iviNe wEsT Oi-ffis FOLLowING DEsCS'IBED LINE: BEcrNNrNc Ar A porMr ou rrd- uoiil_ LrNE-.OF ABO1E LOT 19 wHElIcE THE SOUTnEAST COnNeR OF SAETiOU- jg, TOwNSIIIP 7 SOIXTE' RANGE l, I E}CIIBIT A r s-*nrTtiilin; MERTDTAII BEAR' s' 68 DEGREES I H$:; :: .i'BhiSir'l5T'*. 1336.8 FEE, ro rrrE sour* LrNE oF THE ABO\'1E I"OT 10. I *::ll-*n'ffi.i",8l^ffi BH'il!+Ertly'olliE'o, sArD HrcHr{Ay . i *#tr-e;w*,iilFi? ffi#=iry;!i-:rffi.::x 3t'?"' TEENCE souffi 7e DEGREES _;;, oi;-eAsT _e 60. oo FEET AIoNG $IE I ffiii#'H Bx"r*;'isrll itii iliTi==::; Tr{ENcE uonc ig oecness lt'oz" wESr 6'.2 '99 FEET; I ffix=:E Istffi,il";liE#,g;;;,1' "ffs;"i;!;rg #8tu"I: +"E"IIT* OF BEGINNING. I s?ffi.g'"Bffixi3y === 5 oi 5 v NF oo E' Po(9 o GI C9 6'Dv'll)am? E, orttl,- T I I I I I I I I I I u- ==5r-o:{L QE: N-,(t-\:-F3(o-_(o_{: eEi= !{-frr.: tsEo:N]{= arL .5: EUlf^F: -.I. =3 = ATTACHMENT E 404 PERMIT I I I I I lr lr lr lr lr t: l: t: l: I I I I DEPART',IENT OF THE ARI,IY PERI,IIT Penni ttee: Permit Nnrber: 199Tn319 Issuing Office: U.S. Arflry Engineer District, Sacramento Corps of Engineers 1325 'lJn Street sacrarnento, Catifornia 95814'2922 NOTE: The term ryourt €rrd its derivatives, as used in this permit, rneans the permittee or any future transferee. The term 'rthis officel refers to the appropriate district or division office of the Corps of Engineers havinE jurisdiction over the permitted activity or the apProPriate official' of that office acting under the authority of the cmrnanding officer. you are authorized to perform work in accordance Hith the terms and conditions specified betow. project Descriptior: To dredEe 2O,OOO cubic yards of sedinrent from ponds and fit[ another pond for the dual purposes of inproving fish habitat and providing an area suitabte for the construction of txo personal singte-fami ty homes. A1, rork is to be colrpteted in accordance rith the attached ptans: Section 401 tJater Quality Certification (rith conditions); Septerber 16, 199? Pubtic Notice; Drarings A-8 and A'9; Appendix B trettand lt'litigation Ptan; and a Certification of Cotptetion. project LoGatiqr: A 22.6-acre tract of Land tocated approximatety four mites east of the Toun of Carbondale betneen the Roaring Fork River ard Highuay 82. The Roaring Fork Bed & Breakfast is at the north erd of the property rhich is located xithin the NY 1/4 of Section 32, Tornship 7 South, Range 87 tJest, Garfietd County, Co I orado. Peruit Cqditiqts: cenerel_leodi$losi ... The time timit for conpteting the Hork authorized ends on Febnrary 1, 2001. If you find that you need more tinre to coNrptete the authorized activity, suhnit your request for a time extension to this office for consideration at teast one npnth before the above date is reached. 2. you rrust maintain the activity authorized by this permit in good condition and in conformance rith the terms and conditions of this permit. You are not retieved of this requirernent if you abandon the permitted activity, atthough you npy make a good faith transfer to a third Party in corptiance rith General Condition 4 betor. Shoutd you rish to cease to rnaintain the authorized activity or shoutd you desire to abandon it Hithout a good faith transfer, you rrust obtain a modification of this permit from this office, rhich may require restoration of the area. 3. If you discover any previousty unknorn histonic or archeotogical renoins white acconpl'ishing the activity authorized Uy tiris permit, you trust irmediatel.y notify this office of uhat you have found. tle ritI initiate the Federal, and state coordination required to determine if the remains Harrant a recovery effort or if the site is etigibLe for tisting in the National Register of Historic Ptaces. 4. If you setl. the property associated rith this pernit, you ril.rst obtain the siEnature of the neu orner in the spsce provided and forrard a copy of the permit to this office to vatidate the transfer of this authori zat i on. 5. If a conditioned rater quatity certification has been issued for your project, you nrrst conpty t{i.th the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attachd if it contains such cor'lditions. Luther E. and Diana G. lloore 16613 Highxay 82 Carbondate, C0 81523 Chartes E. Engtund and 2205 shatimar Drive Cotorado SPrings, C0 80915 lr lr lr lr lr lr l: t: lr T I I t I T t I I I T I T I I T I I I -2- O. you rrust atlox representatives frorn this office to inspect the authorized activity at any tinre deemed necessary to ensure that it is beinE or has been accorptisirea in accordance rith the terrE and conditions of your pernit. Soecial Conditions: t. Att asFcts of site caEtnEtidt stratt bc pctpancd llltit thc Cor?e of Etginn6 hr icceivd Gvi&EC oi tfr. apropriate taat sd state .fProvats for trc rcai&ttial hca, acsaiotcd-nter rctts, rd irdividral, scrgtc dispcat s)rste-. - lf ttt.Epcct of the eristing proposot is &ricd or rcqrirct . d=ig' ndificatiqr, the FEittees slrett idcntify thcse to thc corF of Engirrcrs for rylpriate cori&ratisr' rAiti-.tty, tn. b.tt acrc of capGnsatory rcttard dtigatian taated rprth of thc hcs cl thc satth ctd of Istzd pad slratt b. protecte ifrrqftr rccodatiar (ilrctr.dins Pr*rty deee dd PlEts) idcntifyirrg it as 1j6rgtoFbtc lcstrictcd prggcrty setwillg .3 .itigotio for Dcparclt of the Atry Filit trdr ffnT75319' the Frrittecs Crrtt fwi& thc CorF of Engirrcrs rith e GoPy orE lcg.tty fitcd' Z- (h-site cop€rBatory litigstidt for the dtstrr.Etidr of 0.15 ccrc of cattail-&il5tGd Etltds rithin JohrEqr pord is re+.rired at 61:l retio. This ritigaticr crr ecur or-site rithin cxisting Pads b, exterding shoretirs to &rrctop crgcnt rcttard frirpes. A pt{l for sr.dr coPctE8tol? litigatior llst bc r*.itU-"rU agsvcd t thc corp oi trrgir-.". prior to dre€irg of thc Jdurqr Pad EtLards' 3.Thepropcedrettardlitig|stimptan(s)(0.11*reildtheabvcrrqrircd0.l3*re)shattb iptclied rithin the s- "rrst",-ii- period that the EttEd ipocts ritt T9{: Ite Ptzrtirrg or secding of rettard vegctatidr Ey ccur et a tater date (i.e. the fotl'di]rg fatt) if Pr+ci8te to lrEune $Ecess, hrt esrth *ik fo1. the litigatiqr rret ba cqurrent rith thc pcG dre€irrg-eld fittirtE rctivity' lighty visibte ccEtnEtiqt fcrrirrg slralt be erected arurd prk ereas to PrBltrt indttrtent ilrct to qiti" resq;1.ces &rirrg cmstrrrtiq'r activitis. Ihe ritigsticr pLm lrf! b. c4tetcd u*r the erperwisiqr ot an qr-siie rettards sFcialist- The litigaticr pt4 sFcifies ! 3--Far.sritorinE priod rith arrrrat rprts- These regorts slratt be srbitted ]D tater thgr loder I of eadr ycar ard drc corPe of Engilrers ritt &ci& to redrce or exterd the sritorirrg Frid 88 ncced to etEurc ritigaticr sEceaa' This corditicr is reqrired to ersure that the oitigatior ptur is coPteted in a. ti-ty ErEr ard to estabLish the ftrEtidr of the created EttarG ssr after thG natural EtttG hrrc bcn iFctcd' 4. T1e pernittees slratt cordiriatc rith the Cotor* DeFrtGtt of tlcatth to 6tEin a cdEtrLEtidl derateriqE (IPOES) peruit. fhe lcat cdltact is Ir. Drein tatsdl rJro oy b reacfied at tctePhdE <9m' UA' 7156. 5. Iotificaticr shatt b prwi6 to the CorF of Er€irEcrs 8t tel,ephaE (9rr0) 243-1199, ertersicr 16, prior to project ooclEernt. Periodic site irEFctiqs ritt bc d to ctEure pili: caPtiarce' t'Fl cryletiqr of the authorized rcrk, the pruitees slratL srllit a signed cql'iare certrficatiq'r irdicating that the authorized rcrf ard ""+ri..d litigatiqr rcl'e dat in accordme rith thc tctr nd csditiqr of this pemit. 6. Aditianat fitt for any other FrpG6 cr this prcFrty ritt b sr.lbiect to irdividJat perait roia d': to the Ettsrd resor|rce3 potentiatiy aftectea by ditimat urforcseen facitities al this ProFrty' Further Information: 1. Congressionat Authorities: You have been authorized to r,udertake the activity described above pursuant to: ( ) Section 10 0f the Rivers and Harbors Act of 1699 (33 U.S.C.403). (X) Section 104 ot the Cl,ean Uater Act (33 U.S.C. 1344)' ( ) Section 105 of the l,larine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)' 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federat, state, or [oca[ authorizations required by tar. t T I I I iT lr lr lr lr lr lr t: lr li l: -3- b. This permit does not grant any property rights or exctusive priviteges. c. This permit does not authorize any injury to thc property or rights of others. d. This permit does not authorize interference rith any existing or proposed Fcdcrat Proiects. 3. LiDits of Federat Liabitity. ln issuing this permit, the Federat Govcrrurnt docs not assLlnc any Liabitity for the foll,orinE: a. Damages to the pGnnitted project or uses thereof as a rcsutt of other Fnrittcd or r,rnpermittd activities or frcrn natural causes. b. Damages to the pcrmitted projcct or uses thereof as a resutt of current or future activities urdertaken by or on bchatf of the United States in the p$tic interest. c. Oamagcs to pcrsons, property, or to othcr peraitted or r.npcnnittcd activities or structures caused by the Ectivity authorized by this permit. d. Oesign or construction deficiencies associated Hith thc pennitted rork. e. DamaEe ctains associated rith any future nrodification, suspension, or revocation of this pennit. 4. Rctiance on Appticantrs Dat8. The determination of this offica that issuance of this permit is not contrary to thc pr.6tic intere3t ras mqde in retiance on the information you provided. 5. Recvatuation of Permit Decision. Ihis office may reevatuate its decision on this permit at atry titne the ci rcuastances Harrant. Circustances that coutd rcquire a reevatuation inctude, Erut arc not timited to, the fottoring: a. You faiI to cCIIPty r.ith the tenns and conditions of this permit. b. The infonnation provided by you in sr.pport of your pernit apptication proves to have been fatse, incorplete, or inaccurate (see 4 above). c. Significant ner information surfaces rhich this office did not consider in reaching the originatpbtic interest decision. Such a recvatuation may resutt in a deternination that it is appropriate to use the suspension, npdification, and revocation procedures contained in 33 CFR 3?5.7 or enforcement procedures such as those contained in 33 CFR 326.t, ati 326.5. fhe referenced enforcement procedures provide for the issuance of an adninistrative order reqr.riring you corpty r{ith the tenns and conditions of your pcrmit and for the initiation of tegat action rhere appropriatc. You ritt be required to pay for any corrective measures ordered by this officc, and if you fait to corpty rith such directive, this office may in certain situations (such as those specified in 33 CFR ?09.170) acconptish the corrective rnasures by contract or otherrise and bitt you for the cost. 5. Extensions. Gencrat Cordition 1 estabtishes a time Limit for the conptetion of the activity authorized by this pcrmit. Untess there are circrmstances requiring either a prorpt conptetion of the authorized activity or a reevatuation of the pubtic interest decision, the Corps ritt normal,l,y give favorabte consideration to a re$rest for an extension of this tinn l,imit. Your signature belor, as permittee, indicates that you accept and agree to conpty r.ith the terms and conditionsrof this pcrnit. { '- z-7t I t I t I This permit becomes effective Hhen the FederaI has signed betor. -4- officiaL, designated to act for the secretary of the Arny, I I I T t t I I I tJhen the structures or Hork authorized by this permit are stil,t in existence at the tim the ProP€rty is transferred, the terrns and conditions of this permit r.ilI continue to be binding on the neH orner(s) of the property. To vatidate the transfer of this permit and the associated tiabitities associated rith curptiance ritir its terms and conditions, have the transferee sign and dete betoH. I I I t T sued for and in behetf of Cotonet Dorothy F. Ktasse, Oistrict Engineer empuntain RegutatorY 'lf I t I t I I t I I I t I I I I I I t I DEPAFTMENT OF THE ARMY U.S. ARMY ENGINEER OISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STFEET SACBAMENTO. CALIFORNIA 95814.2922 REPLY TO ATTENTION OF March 3, 1998 Regulat,ory Branch (1997753L9) Mr. Luther E. and 16513 Highway 82 Carbondale, Colorado 81623 Dear Mr. and Mrs. Moore: In response to a t.elephone call received from Mr. Mark Bean of the Garfield County elanning Depart,ment, we have reevaluated your request to modj-fy special conditj-on number 1 of Department 6f the Army permlt number L997753L9. ApparenElY, you and Mr. Englund are in an impasse where you are required_by_the county to p"ifor* percolat.ion Lests on the dredged material placed in River-pond for sept,ic purposes before the county can proceed with any approvals f-r your request to subdivide the property. our splcial cond.ition number I requires evidence of the appropriaLe c-ounty and state approvals before any aspect of the project construction may Proceed. We recognize this conflict; and, therefore we are modifying special condition number I to allow dredge and fill actiwities Eo bL performed so thaE your requirements for the county may be met ' How-ever, if in the final analysis you are unable to begin construction of the home(s) on the fill mat'eria1 within t'hree years from the date of t.he permit issuance (February l, 2001-) , you must remove the fill maLerial from the pond and restore iE to ire-project conditions. You are cautioned that. we st,i11 wish t,o iee evidence of a1I appropriate approvals prior to the consLruct.ion of your homeiites. If a design change is made or aspects of your project are modified, You may also need Eo re-quest a modif ilation of our permit. All other terms and conditions of the permit remain in fuII force and effect. If you have any questions, please contact Ms. Susan Na}1 in our Grand Junctlon office at, telephone (970) 243- 1199. Sinceq Diana G. Moore Regulatory Section I I I I I I I I I I I I I I I T I I I -2- Copies Furnj-shed: Mr. Charles Englund, 2205 Shalimar Colorado 80915 Mr. Mark Bean, Garfield CountY, 109 Glenwood SPrings, Colorado 81501- Drive, Col-orado SPrings, 8th StreeE, Suite 303, ATTACHMENT F CDOT ACCESS PERMIT APPLICATION I t T I T I I T I T I I T I I T I I I COLORADO DEPARTMENT OF HIGHWAYS APPLICATION FOR STATE HIGHWAY ACCESS PERMIT lssulng 6ulhorily appllcatlon occoptenCo dele I nstruclions: - contact the Deparlment ol Highways or your local governmenl to determine your issulng autholity. - contact the issuing authority to delermlne what plans and other documents are required to be submitted with your application. - complele this f orm (some quesiions may nol apply to you) & attach all necessary documenls and submit it to the issuing authority. Submlt an application for each access requesled. il you have any quesllons conlact lhe issuing authorlty.Plaeae prlnl or lypc I ) Properly owner (Permitl6e) Lunlez E. lh00e{SA atr street address, clly,lbttltS' tlutv 0z (rr{z6oNo4t€streel address, city, state & zio ' IPbon€ tID 0/czs lhto\ lka-0442 slrio & zip Phone I 3) Address ol property lo be served by peilrit (il [nown]lbbt3 Hwv,9Z tl) Legal descriptlon ol property: counly I subdivlsion 6ALAEu) I I r seclionlsz I 7w r''"n" f7sblocklottownship I 5) What slale,hlghway ere you requesling access lrom?lfwv OL fuoNntts Koao 6) whar side or rhe hishway? o r.r I; s o E o w 7l How many ledl is th6 proposed accoss lrom lh6 nearest mile posi or cross slieel? 16oo oet1ruffiwlrrom 8)Check here il you are requesling a E new access tr temporary access E improvemenl to exlsting access fl.change in access use 9) Whal is the approximale date you intend lo begin conslruclion? N fft l0) Oo you have knowledge ol any Slsle Highwey access permlts serving lhis properly, of lor ediacent properlies ln whlch you heve I pioperty lnlerBsl. tr yes I no lf "yes" - what are lhe permit number(s)?and/or, permit daie 11)Does the properly owner own or have any inlerests in any ediacenl property? F y"t tr no ll "yes" - please describe: 5EE An-AcflA /r4A? l2) Are lhere exisling or dedicaled public slreels, rosds, highways or access eas€ments bordering or wilhin the properly? fl yes tr no lf "yes" - list them on your plans and indicaie the proposed and existing access points. l3) llyouarerequsslingcommercialorlndustrialeccasspleaselndlcateth6lypesandnumberolbusinessasandprovidethelloorareasquare tootage ol each? business square loolage business square lootage ^t//n 'ld) ll you Ere requesling agricultural ljeld eccess at /n how many acres will lhe access serve? 15) lt you aIe requesling residenlial development access. - whal is lhe type (single femily, aparlmsnl, townhouse) and number ol units? type number ol units lype numbor ol units Dtt srt u L, 12 el tosrr "6 I 3 Pzorosee EesroeN"e I I l6) Provide the lollowing vehlcl6 counl €stimales lor vehicles thal wlll use the access Leaving property lhen relurnlng is two counts. lndlcate il your counls ere peak hour volumes E or 6verage daily volumes tr. I of passengers cars and light lruckgEvtsrtNt 7o 1)rnr- fl ol multl unit trUcks , ol other v6hicles4o I ol single unil vehiCles ln excess ol 30 ll I fl ol larm vehlcles (tield equipm€rrt)Yol.l Counl ol All V.hlclorb Check with lhe issuing aulhorily to delermine which ol lhs lollowing documonts are required lo complele the revlsw ol your epplicatlon. (plans should be no larger than 24" x 36")e) Property map lndlcating olher access, bordering roads and streelsa) Highway and driveway plan and prolile. l) Proposed access design.b) Drainage plan showing impacl to lhe hlghway right-ot-way. g) Parcel and ownership maps including easements.c) Map and letters detaillng ulility localions belore and alter h) Signlng and strlplng plans. development in end along the righl-of-way. l) Trellic control ptand) Subdivision, zoning, or developmenl plan. i) prool ot tiabillty insursnce 171 ll an access permit is issued to you it will state the ternrs and conditions for its use- Any changes in lhe use of the permitted access not consistent with the terms and condilions listed on the permit may be considered a violation ol the permit. THE APPLICANT DECLARES UNDER PENALTY OF PERJUBY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT ALL INFORMATION PROVIDED ON THIS FORM ANO SUBMITTED ATTACHMENTS ARE TO THE BEST OF THEIB KNOWLEDGE TRUE AND COMPLETE. Appricanr "'n""Yr,,*L- ( la/^''7^- . o. /gq o I u. ^lgi/^nt is not the owner of the droperty, we require this application also to be signed by the property d*n", o,tlteir legally autholized representative (or other acceptable written evidence). This signature shall constilute agreernent with this application by all owners-of-inlerest unless stated in writing. lf a permil is authorized, the property owner will be listed as the pernrittee, Properly owner siqlalue y/'tvwtt' "*'*' ""W' t d,bw,{ l/*.'frhni. a, /??e I I I I T I t t T I I t I I I t T I T t COLOBADO OEPARTMENT OF HIGHWAYS APPLICATION FOR STATE HIGHWAY ACCESS PERM!T lssuing aulhorily applicalion acceplance date I nslructions: - contact the Department ol Highways or your local government to determine your issuing authority. - contact lhe issuing authorily to determine what plans and other documenls are required to be submiited with your application.- complete this lorm (some queslions may not apply to you) & attach all necessary documents and submit it to the issuing authority. Submit an applicallon tor €ach access requested. - il you have any questions coniact the issuing authority. Please Prlnl ot lyPe t) Property owner (Permilt€e)' L;;i€R- E.'" fti;' Dt*lA 4. Hooes 2) Applicanl Snrrl{ streel addr€ss, city,t0bt3 theat^t*Y gZ, /ftRqoNoAtC street address, city, state & zip lPbone {co 0/023 lhto) 1b3-0+.lz stale & zip Phone I 3)Address ol property to be served by permit (il known) V ftc*NT Lof 1) Legal descrlpiion o, properly: counly I subdivision 6H-F\6LD I I ' seclionlvz I lownshio ranoe14 1__3Eblocklot I 5) What st6te highway are you requesting access from?ttwy. Bz he.orurrtld ^ono 6) What side ol the hishway? O N XS O E O w ?l How many leel is the proposod accsss lrom lh€ nearosl mile post or cross strsel? l5Oo rcert N S'6tv )r,o. l4tErtlAv-KETL tb 8) Check her€ il you are requesling a p, new access E temporary access E improvement io existing access E change in access use 9) What is the approximate dale you inlend lo begin construction?Jrq I l77a Do you havo knowledge of any Sial6 Highway sccess permils ssrving lhis property, ol for adiacent properti€s ln which you heve a properly ilrleresl tr yes I no lf "yes" - what are the permil number(s)?and/or, permit date 1l)Does ihe property owner own or have any inlerests in any adjacent property? .(. y"t tr no ll"yes" - please describe: ,r., AfncHd) k1 l+? 12) Are there exisling or dedicaled public streels, roads. highways or access easemenl3 boldering or within the property? [yes tr no ll "yes" - list them on your plans and indicate the proposed and existing access points 13) lfyouarerequestlngcommorcielorlndustrlalaccesspleaseindlcatelhelypesandnumberolbusinessesEndprovidelhelloorereasquers lootage ol oach? business Equare lootage business square lootage N/ /* 14)ll you are requesling agricullural lield accessN/A how many acres will the access serve? 15) ll you are requesting residenlial development access, - whal is the type (single lamily, apaltmenl. lownhcuse) and numbel ol units? lype number ol units lype number ol units 1/^t A LF FAn tut I I 16) Provide lha lollowing yehicla counl estimales lor vehlcles that will use the access. Leaving property lhen relurning ls lwo counls. lndlcale il you, counts ar€ peak hour volumes E or average daily volumesI ltl i of passengers cars and lighl trucks I d ol mulli unit truckstil f ot other v6hiclss I ol single unil vehicles in excess ol 30 ll f ol larm vehicles (lield equipment)fohl Counl ol All V.hlclca /o Check wilh lhe issuing authority lo delermine which ol the lollowing documenls are required lo complele lhe revlew ol your application. (plans should bo no larger lhan 24" x 36") e) property map indicaring orhsr acc6ss. bordering roads and srreers. a) Highway and driv€way plan and prolile. l) Proposed access design. b) Drainage plan showing impacl io ihe hlghway right-of-way 9) Parcel and ownership maps including easements. c) Map and lellers detailing ulility localions before and aller h) Signing and slriping plens. developmenl in and along lhe rlghl-ol-way. i) Trallic control plan d) Subdivlsion, zonlng, ot developmenl plan. l) Prool of liability lnsuranc€ t7) lf an access permit is issued to you it will state lhe terms and conditions for its use. Any changes in lhe use ot lhe permilted access not consistent with the terms and conditions listed on lhe permii may be considered a violation of the permit. THE APPLICANT DECLARES UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT ALL INFORMATION PROVIDEO ON THIS FORM AND SUBMITTED ATTMHMENTS ARE TO THE BEST OF THEIR KNOWLEDGE TRUE AND COMPLETE, App ican, ",e.")\(1 1aL_ ( //*.ilt*', I /'??8 n,n" lpp\r{nt is not the owner ol the pr5perty, we require this application also io be signed by lhe property owner or their lt'ally aulhorized represenlative (or oiher acceptable written evidence). This signature shall conslitute agreement with this application by all owners-ol-inleresl unless stated in writing. lf a permit is aulhorized, the property owner will be lisled as lhe permitlee. Properly owner signature f),n'-,-o*y''/'72r.t o ) Dale /) n,, (1 ,a /??8 llPr.vlour rdlllon. mry b. u..d untll tuppllat .t! !rh!u.l.d r/e9