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HomeMy WebLinkAbout1.0 ApplicationHawk Ridge Preliminary Plan PONDEROSA ENGINEERING, INC. CONSULTING ENGINEERS roa01110'0e v.4w1111wi. REGISTERED LAND SURVEYORS 1512 GRAND AVE SUITE 220 GLENWOOD SPRINGS. CO 81601 (303) 945-6596 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 TABLE 0F CONTENTS Submittal Letter Water, Sewage & Drainage Legal Water Supply Vegation & Wildlife Soils & Geology Brief Description of Proposed Covenants Section 1 SUBMITTAL LETTER February 3, 1982 Mr. Davis Farrar Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Preliminary Plan Submittal - Hawk Ridge Subdivision Dear Mr. Farrar: Please find enclosed for your review fifteen copies of the Preliminary Plan submittal for the Hawk Ridge Subdivision. The submittal consists of the enclosed written information which addresses physical information such as soils, geology, vegetation and wildlife; drainage; physical & legal water supply; sewage disposal; and proposed covenants. In addition to the Preliminary Plan, we are submitting plans for the cen- tral water system to service the development, road plans, and a drainage plan. If you require any additional information to process our sub- mittal, please contact me. Sin______, H.P. Hansen Enclosures Section 2 WATER, SEWAGE & DRAINAGE PONDEROSA ENGINEERING, INC. CONSULTING ENGINEERS REGISTERED LAND SURVEYORS HAWK RIDGE Preliminary Plan Water, Sewage & Drainage February 2, 1982 Introduction The proposed Hawk Ridge Subdivision, located in the Crystal Springs area approximately three miles northeast of Carbondale, Colorado, contains seventeen single family homesites. A (*ntral water system will be install- ed to provide water services to the residences. Sewage disposab will be accomplished through the use of individual sewage disposal systems. Water Supply The proposed water system shown on the plans submitted with this applica- tion consists of a well, ch • ination and control building, 6" & 8" PVC distribution system and a 0.00. steel water storage tank. Water Demands: Water demands for the development are estimated as follows: Domestic Use: 17 units x 350 gpd/unit = 5950 gpd Irrigation: (1000 ft2/unit)(17 unit)(2.5 ft)(7.49 g/ft3 = 2120d 150 days gpd Average Day demand = Maximum Day demand = 3 x average day = 8210 gpd 24,210 gpd 16.8 gpm Source: A well test on the Keller well was conducted by Samuelson Pump Company under the direction of Ponderosa Engineering Company on February 1 and 2, 1982. The test consisting of setting a 3 HP submersible pump and pumping the well at a constant rate of 20 gpm for 24 hours. Static water level prior to the test was at 169.33 feet. The pumping level stabilized at a depth of 172.4 feet after approximately 19 hours of pumping. Thus the well was able to yield 20 gpm with only 3 feet of drawdown. 1512 GRAND AVENUE, SUITE 220 GLENWOOD SPRINGS, COLORADO 81601 (303) 945.6596 i Based on the results of the above described test, it is our opinion that a long term production in excess of 20 gpm can be expected from this well. This production will be more than sufficient to meet the projected maximum day demands for the development with 350 gpd domestic use and 1000 square feet of lawn and garden irrigation. This conclusion is based upon the as- sumption that the historic recharge pattern of the aquifer will not be changed and that withdrawal of ground water will not be expanded to the point of significantly dewatering the aquifer. The Garfield County Groundwater Resources study shows that the quality of groundwater from the Basalt formation is generally quite good. A water sample is currently being analyzed for conformance with the Colorado Pri- mary Drinking Water Regulations. The results will be forwarded to Garfield County when complete. Pressure: There is not sufficient elevation difference in the proposed de- velopment to supply 30 psi of pressure by gravity flow to all lots. Thus it is proposed that each residence to be built above the 30 psi contour line shown on the General Water System Plan will be required to install a jet pump and pressure tank. The installtion of this equipment will assure adequate pressure in the range of 30-50 psi for all residences. Fire Protection: Approximately 00,000 gallons of the 30,000 gallon storage tar�will be available to meet peak dem .n.s on the systems. The remaining 20,5-60 gallons will be_left available for fire protection. Water for fire fighting will be available from a series of fire hydrants located adjacent to the roads throughout the development. Table 1 shows the residual pressure which would he available at each hydrant if a 500 gpm fire flow were withdrawn from that hydrant. Chlorination: Chypochlorinato�r will be installed in the well house to in- ject a chlorine solution into the pump line which leads to the storage tank. Chlorine contact will be provided in the 30,000 gallon storage tank. Operation: Alternate plans are still being evaluated at this point to de- termine nature of the legal entity which will own and operate the water system. Legal Supply: The legal water supply is addressed in Section 3 by Leaven- worth Patrick & Lochhead. Sewage Disposal The soils in - tigation conducted by Lincoln Devore (File /f42174GS) noted that site soils . e predominantly silty clays and clayey silts overlying Basalt bedrock. Presoaking of perk holes in these soils showed no signifi- cant losses or -presoaking water. The soils report concluded that percola- tion rates would far exceed the maximum allowable rate of 60 nein/inch for conventional septic tank - leachfield systems. 2 V 0' W N F•' x aba`0o ( • £ b b G H. C C O rt n 0 (D O' fJ F-+ N N t- I- h' CL 0 0 0 0 0 0 F- n 0 W Ni 01 LO V 0 rt N. Co Ni O A -N o' o W Ft II 11 G (D Z.. H. 1-' xj A ON O F' O O (D ti ,0 ,O w u rt 11 11 O o •P', U, r' 00 000 rt 0 0 a' FJ 00 r* (Db0000 • 5 0 1•- N N W I--' F. N b O a x x I-' W O, V V Ut l0, (- (DD Ft, Cl. Ft, Ft, 00 U) F-' F-' II II G N Ft W 'U F-' l•• fD U, fn 00 • • 1.•0' '-c1 w w o 1/7 rt N. Ort rt rt -h H a O —rt A In G xOI\ ON M 0 0 0 h. 0 t -h O 0 O M Ni N F-,'17 -'00 0 O, W Ft rt I -t, 10 10 W W Ut \0 -P.. 00 ld O 11 0 0 0 0 0 0 0 • '.] N ▪ 430 r4 N• II rt Ft rt F-' O V (D O F-,. r ''d Il 00 1/40 Fri Ft N (D I-' 'd In O O D) O £ (!7 (n r• L7 CD G �� CD FBF. 1 01 0 0 (0 O F-' F-' F-' 0 0 01 I- 0 N In I-' Ft, O O 0 O ,ri rt rF uoTlunaTH Ft, rt N W N H rh CD 01 F'• Gl. w N W N r✓ F-' N H' W N.) W Fi lD 0) 0) r't 3 It is proposed that evapo-transpiration systems be utilized as an alterna- tive to conventional systems. It is our opinion that each site offers a suitable location for the construction of an evapo-transpiration system. However, each lot owner should begin the planning for his sewage disposal system at the same time the proposed house is being located on the lot. Since the Garfield County Individual Sewage Disposal System Regulations re- quire sewage disposal systems in areas where percolation rates exceed 60 min/in to be designed by a registered professional engineer, the following procedure is recommended for lot owners prepared to begin construction on their residence: 1. Prior to siting the residence, obtain and fill out an Individual Disposal System Application at the Garfield County Building and Sanitation Department. 2. Have the department run additional perc tests at various locations on the lot to determine if there are suitable soils present which will allow the construction of a conventional system. 3. If suitable soils can be found, the county will grant a permit for the construction of a standard septic tank - leachfield system. 4. If suitable soils can't be found, the county will require that a registered professional engineer be retained to design a system before a permit for the installation of a system will be granted. Drainage Drainage is not anticipated to present any problems in the proposed Hawk Ridge Subdivision. The development is located on a topograhic high such that all drainage with the exception of a small draw in the northeast corner will originate within the development. Culverts on Orchard Lane, Deer Path and Red Wing have been sized to carry flows that were estimated for a 100 year storm using methods set forth in the SCS publication "Procedures for Determining Peak Flows in Colorado". In addition, these culverts have been sized to carry flows from a breach of any of the irrigation ditches which lie in their drainage area. The subdivision is crossed by the C & M Ditch, Park Ditch, a lateral of the Park Ditch, and lateral of the C & M Ditch. The only road to cross any of these ditches is Orchard Lane which crosses the Park Ditch lateral and the C & M lateral in the southwest corner of the development. These ditches reportedly carry 3 cfs of water to property owned by Mr. Steve Callicotte, 4 and Mr. Oscar Cerise respectively. These individuals are being sent a copy of this drainage plan and is being requested to respond to the acceptabili- ty of installing an 18" CMP to carry water under Orchard Lane. In addi- tion, the Park Ditch Company and C & M Ditch Company are being sent copies of this plan so that the width of necessary easements can be addressed prior to final plat. We will also be discussing how culvert installations for driveways can best be handled. Other Utilities Electric service will be provided by Holy Cross Electric. A service agree- ment will be prepared as the development moves through the review process. Mountain Bell will provide telephone service. Respectfully submitted, .X--24LJA Rick Kinshella PONDEROSA ENGINEERING, INC. enclosures RK:sos 5 Section 3 LEGAL WATER SUPPLY LOYAL E. LEAVENWORTH KEVIN L. PATRICK JAMES S. LOCHHEAD LEAVENWORTII, PATRICK dr LOCHHEAD, P C. ATTORNEYS AT LAW February 8, 1982 1011 GRAND AVENUE P 0. DRAWER 2030 GLENWOOD SPRINGS,COLORADO 81601 TELEPHONE: (303) 945-2261 Mr. H. P. Hansen 278 Garfield Cardondale, CO 81623 Re: Hawkrid.e Develo.ment Preliminary Plan Submittable to Garfield County Dear Mr. Hansen: At your request, I am writing this letter for you to include in your preliminary plat submittal to comply portions of the Subdivision Regulations of Garfield County (Sec. 4.02.06). The legal water supply for the 17 units included in the Hawkridge Development is premised upon three underground water rights for the Hawkridge Well No. 1 Wellg (30 g•P•m•), the Hawkridge No. 2 (30 g.p.m.), and the Keller Well (30 g.p.m.), and a decreed Plan for Augmentation. The Hawkridge Well Nos. 1 and 2 were each decreed on July 2, 1981, for domestic, irrigation, and fire protection purposes, in Case No. 81CW552 in Water Division No. 5, with appropriation dates of November 30, 1980. The Keller Well was decreed on July 23, 1973, in Case No. W-1430, with an appropriation date of February 1, 1951, for domestic use. On July 2, 1981, the Water Judge confirmed and approved the Ruling of the Referee in Case No. 80CW552. This case, in addition to decreeing the Hawkridge Well Nos. 1. and 2, also decreed a Plan for Augmentation which augments the out -of -priority irrigation season diversions from the Hawkridge Wells and the Keller Well for a residential development consisting of 20 single-family houses, 20 horses, and 2,000 square -feet of lawn and garden irrigation for each house. The augmentation water utilized in the Plan was decreed in Case No. 79CW97 (Water Division No. 5). Copies of all of these decrees are enclosed. It is our understanding that sewage treatment will consist of evapotranspirtation systems rather than septic tank and leachfield disposal systems as contemplated in the Plan for Augmentation. In addition, lawn size per residence is proposed • LEAVENWORTH, PATRICK & LOCHHEAD, P. C. Mr. H. P. Hansen February 8, 1982 Page 2 at 1,000 square -feet. The Plan contemplated 2,000 square -feet per residence. Therefore, a change of water right application will be filed in the month of February to modify the Plan for Augmentation to reflect these two changes in the development plan. However, because no statements of opposition were filed in the original Plan for Augmentation, it is unlikely that the minor changes proposed for the Development which will be included in the change of water right application will be opposed. The three modifications from the original Plan for Augmentation (decrease in lawn irrigation, decrease in number of units from 20 to 17, and increase in consumptive use associated with in-house diversions) will require a total of 3.6 acre-feet of consumptive use of the water decreed in Case No. 79CW97 (Water Division No. 5). Attached is a copy of the License Agreement for 2.0 acre-feet of consumptive use water from that case. The final documents for the additional 1.6 acre-feet of consumptive use that will be necessary have not yet been executed, and therefore the Preliminary Plat Application will be supplemented with that document shortly. I am also enclosing a copy of the Deed by which the current owners obtained title to these various water rights. If you have any questions or if we may provide additional information for Garfield County, please feel free to contact us. Very truly yours, LEAVENWORTH, PATRICK & LOCHHEAD, P. C. !,5j5 Loyal E. Leavenworth LEL/j Encs. .1 N '1'111': DISTRICT COURT 1N AND FOR WA'T'ER DIVISION NO. 5 STATE OI' COLORADO Application No. 81CW163 TN THE MATTER OP THE APPLICATION ['UR WATER RIGHTS t)I'' CRYSTAL SPRINGS LAND AND LIVESTOCK IN 'fIIE ROARING PORK RIVER OR ITS TRIBUTARIES '1'k [I3UTARY INVOLVED: SPRING CREEK AND CATTLE CREEK IN GARFIELI) COUNTY FILED IN DISTRICT COuRr WATER DIVISIOfl 5, COLORADO OCT 6 1981 MARIE TALAMAS, CLERK RULING OF REFEREE The above entitled application was filed on June 30, 1.981, and was referrd to the undersigned as Water. Referee for Water Division No. 5, SLatu of Colorado, by the Water .judge of said Court on the 29th day of duly, 1981, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application arc true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application arc true. 2. The name of the structure is Keller Well. 3. The name of the claimant and address is: Crystal. Springs Land and Livestock; c/o Mr. Robb Van Pelt; P.O. I3ox W; Carbondale, Colorado. 4. '.I'he source of the water is a well having a depth of 235 feet. 5. The well is located in the f;W'.; SI•:';; or Section 13, T. 7 R. U13 W. of the 6th P.M.' aL a point whence the Southeast Corner said Section 13 bears S. 86°00' L. 2400 feet. 6. On February 28, 1973, in Case No. W-1130, the Water Peferee for Water Division No. 5 awarded to the. Kellar Well, an absolute water right for 0.033 cubic foot of water per second of time and a conditional wutcr right for 0.033 cubic fool of water per second of time, to be used for domestic purposes, with appropriation date of February 1, .I 9 51 . As to the 0.033 cubic foot of w.3.'Ler per second of time conditionally awarded, the claimant was directed to file an application for quadrennial I inding of reasonable diligence in July of 1976 and in ,July of every fourth calendar year thereafter to maintain the conditional waLor right in full force and effect. 81Cw163 This Ruling of -I'eferee was confirmed and made a Decree of the Court on July 23, 19'13. 7. On Jure 30, 1981, the claimant filed, in Water Court for Water Division No. 5, an application for quadrennial finding of reasonable diligence in the development of this conditional water right. In support of this application the following information was submitted by the applicant: A. The Decree in Application No. W-1430 awarded 0.033 cubic foot per second of time absolute and 0.033 cubic foot per second of time conditional to the Keller Well. 13. Since that time, the Applicant herein has negotiated for the purchase and has acquired the water right decreed to the Koller Well from the original applicant, and .the land to which that right isr urtenant., and has expended money toward engineering and legal work in incorporating this well within Lhc proposed Hawk ridge Development to/be located. in :Section 13, T. 7 S . , R. 88 W. of the Gth P.M. in GaI'i-riel.d County, •Colorado. This proposed development is the subject' of a Ruling of the Referee approving a Plan for Augmentation in 80CW552 of which the Keller Well water right is part. The Applicant has also purchased, at a cost of ;2,500, an option for augmentation water to augment the conditional portion of this well. The Applicant has•also defended the Keller. Well water right in Case No. 79CW333 and protected said water right by stipulation. • C. Applications for. Quadrennial. Findings of Reasonable • Diligence were to have been filed in July 1976 and 1980. No notice of such requirement was provided to the Applicant as required by C.R.S. 1973, Sec. 37-92-305(7). Accordingly, the Appl.i.cant is entitled to obtain a diligence finding at this time. See also, Memorandum Opinion and Order, Case No. W-728777, ir. the District Court in and for Water Division No. 5, State of Colorado, September. 15, 1978. The Referee docs find that the claimant has shown reasonable diligence in the development of the proposed appropriation of the 0.033 cubic foot of water per second of time conditionally awarded to the Keller Well; and therefore concludes that the above entitled application should be granted, and the conditional water right be continued in full force and effect. Application Cor a quadrennial finding of reasonable diligence shall be filed in July of 1984 and in July of every fourth calendar year thereafter so luny as the claimant desires to maintain this conditional water or until a determination has been nude that this conditional water right -has become an absolute water right by reason of the completion of the appropriation. 81CW1 G3 DEC 0 71981 LEAVLNWORTy. PATRICK & ; Uc1�ui„ It is accordingly •ORDERED that this ruling shrill be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 C.R.S. 1973. It is furLlier. ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Encrinecr. Done at th(.2 City of Glenwood Springs, Colorado, this Z� day of U�'�Gf�� 2 , 1981. t\'o protostwas filed in this matter Tho foregoing puling) conflrmeci and approved,; enc; 1;; made En. Judgmcn` qnd etre ; of iii;;; tear Dated: J , /,� • / ./� YV/..i �Ii JUi)UE 13Y 'I'lll; REFEREE: 40. W, er r)ivir,i.on No. 5 State of Colorado h IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-1430 JN THE nAATTER OF THE APPLICATION FOR WATER RIGHTS OF MARTIN KELLER IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARIES INVOLVED: SPRING CREEK AND CATTLE CREEK IN GARFIELD COUNTY RUr.Cr.G OF REFEREE FILED IN WATER COUI t Division I\.c)• :' FEB23iy! ' r FE. OF , OI '-)in.nte ?2� iGLG1,� • The above entitled matter having been referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 13th day of July, 1972, in accordance with Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Cole. 1969), known as The Water Rights Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Keller Well. 3. The name of claimant and address is: Martin Keller, 13880 Wide Acre Road, Golden, Colorado. 4. The source of the water is a well having a depth of 235 feet. 5. The well is located in the SW 1/4 SE 1/4 of Section 13, T. 7S., R. 88W. of the 6th P.M. at a'point whence the Southeast Corner of said Section 13 bears S. 86°00' E. 2400 feet. 6. The use of the water is domestic. 7. The date of initiation of appropriation is February 1, 1951. 8. The amount of water claimed is: Absolute - 0•033 cubic foot per second of time; Conditional - 0.033 cubic foot per second of time. 9. The claimant first aep.liecl 0.033 cubic foot of water per second of time to the above beneficial use on April 1, 1951. 10. The cloimant intends to enlarge the system and apply an ad;'.i tional 0.033 cubic foot of water per second of time to the above beneficial use. 11. The well is not registered in the Office of the State Engineer. The Referee does therefore conclude that the above entitled application should he granted and that an absolute decree for 0.033 cubic foot of water per second of time and a conditional decree for 0.033 cubic foot of water per second of time is hereby awarded to the Keller Well for domestic purposes, with appropriation date of February 1, 1951, subject, however to all earlier priority rights of others, and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. AE,d As to the 0.033 cubic foot of water per second of time condition - V. ally awarded, an Application for a Finding of Reasonable Diligence / 177 FWeTiv' -x_,e009_ cshaj.], be filed in July of 1974 and in July of every !',LzIeftd calendar year thereafter so long as the claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become aniabsolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall he filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to Section 148-21-20 CRS 1963 as amended (1971). It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this -22 day of /� IJ/iK) , 1973. 110 protcnt c:Zs filod in thin r. nttcr Tho fore ;3in,7 ruli:ir, i3 cora: trmed 1:7 op :-ovrd, and is v.'1.10 the Judgment, end Dacroe of this court. Dated: 2.3 ater Judo BY TETE REFEREE: _ Referee 7. Ler Division No. 5 State of Colorado • t. IN THE DIS`T'RICT COURT 1N AND FOI WATER DIVISION NO. 5 STATE OF COLORADO Case No. 80CW552 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF CRYSTAL ) SPRINGS LAND AND LIVESTOCK ) IN THE ROARING FORK RIVER ) OR ITS TRIBUTARIES ) IN GARFIELD COUNTY ) FILED iN ‘VA'1'E[t COURT Division No. 5 JUN 0 81gq STATE OF COLORADO r=1 WATCH CII'+K ur uti•UI ItULING OF THE REFEREE The Application was filed on. December 31, 1980, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on February 1, 1981, in accordance with Article 92• of Chapter 37 , C.R.S. 1973, known as the Water Right Determination and Administation /Act of 1969. The unde4signed Referee, having made such investigations as are necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter of the Application, does hereby make the following determination and ruling as the Referee in this matter, to -wit: APPLICATION FOR WATER RIGHT FIRST CLAIM 1. The statements in the Application are true. 2. The name of the structure is Hawk Ridge Well No. 1. 3. The name of the claimant is Crystal Springs Land and Livestock, c/o Leavenworth, Patrick & Lochhead, P.C., 1011 Grand Avenue, P. 0. Drawer 2030, Glenwood Springs, CO 81602. 4. The source of the water is a well having a depth of 285 feet, being tributary to the Roaring Fork River, tributary to the Colorado River. 5. The well is located at a point 1,700 feet west of the east section lime and 1,570 feet north of the south section line of Section 13, Township 7 South, Range 88 West of the 6th P.M. •6. The proposed use of water is domestic, irrigation, and fire protection purposes. 7. The date of initiation of appropriation is November 30, 1980. r 9 • 9 8. The amount of water claimed is 30 gallons per minute of time, conditional. 9. The well has not been completed, and water has not been diverted and applied to beneficial uses. The Referee does therefore conclude that the above entitled Application should be granted. and t:hat 30 gallons per minute of time (.066 cubic loot of. water per second of.t.irne) is hereby awarded to the Hawk Ridge Well No. 1 for domestic,• irrigation, and fire protection purposes, with an appropriation date of November 30, 1980; provided always that said 30 gallons per minute of time is on the condition that said quantity of water be applied to a beneficial use within a reasonable time; subject, however, to all earlier priority dates of others and to the integration and tabulation by the Division Engineer of such priorities in accordance with law. Application for a quadrennial finding of reasonable diligence shall be filed in June of 1985 and in June of every fourth calendar year thereafter so long as the claimant desires to maintain this conditional water right or until a determination ; has been made that this conditional water right; has become alit absolute water right •by reason of the completion of the appropriation. SECOND CLAIM 1. The statements in the Application are true. 2. The name of the structure is hawk Ridge Well No. 2. 3. The name of the claimant is Crystal Springs Land and Livestock, c/o Leavenworth, Patrick E. l.ochhead, P.C., 1011 Grand Avenue, P. 0. Drawer 2030, Glenwood Springs, CO 81602. 4. The source of the water is a well having a depth of 285 feet and being tributary to the Roaring Fork River, tributary to the Colorado River. 5. The well is located at a point 2,450 feet west of the east section line and 2,300 feet north of the south section line in Section 13, Township 7 South, Range 88 West of the 6th P.M. 6. The proposed use of water is for domestic, irrigation, and fire protection purposes. 7. The date of initiation of appropriation is November 30, 1980. 8. The amount of water claimed is 30 gallons per minute of time, conditional. 9. The well has not been completed, and the water has not been applied to the above beneficial uses. The Referee does therefore conclude that the above entitled Application should he granted and that 30 gallons per minute of time (.066 cubic foot of water per second of time) is hereby awarded to the Hawk Ridge Well No. 2 for domestic, irrigation, and fire protection purposes, with an appropriation dale of November 30, 1060; provided always that. said 30 gallons per minute of tima is on the condition that said quanti Ly of water be applied to a beneficial use within a reasonable time; subject, however, to all earlier priority dates of others and to the integration and tabulation by the Division Engineer of such priorities in accordance with law. Application for a quadrennial finding' of reasonable diligence shall be filed in June of 1985 and in June of every fourth calendar year thereafter so long as the clairnant desires to maintain this conditional water right or until a determination has been made that this conditional water right has become an absolute water right by reason of the completion of the appropriation. PIAN FOR AUGMENTATION 1. The staternents•in the Application are true. 2. The }carne of the clairnant is Crystal Springs Land and Livestock, c/o Leavenworth, Patrick & Lochhead, P.C., 1011 Grand Avenue, P. 0. Drawer 2030, Glenwood Springs, CO 81602. 3. The name of the water rights to be augmented are: A. Hawk Ridge Well No. 1 as set forth above. B. Hawk Ridge Well No. 2 as set forth above. C. Keller Well, located in the Southeast Quarter of the Southeast Quarter (SE4SE4) of Section 13, Township 7 South, Range 88 West of the 6th P.M., at a point whence the Southeast Corner of said Section 13 bears S.86o E. 2,400 feet, with an appropriation date of February 1, 1951, and as decreed in Case No. 1430 on July 23, 1973, for .033 c.f.s. absolute and .033 c.f.s. conditional. 4. Name of water rights to be used for augmentation: Augmentation water as • decreed on October 15, 1980, in Case No. 79CWg7, in the District Court in and for Water Division No. 5, State of Colorado. 5. The Applicant proposes to construct a residential development consisting of .20 single-family houses, livestock watering, and outside lawn and garden irrigation. The following -3- depletions to the Roaring Fork River will result from diversions by the above -referenced wells used for the purposes sought herein: A. In-house domestic uses for the development (assuming: year-round occupancy; an average of 3.5 persons per unit utilizing 100 gallons per capita per day; and individual septic tank and leachfield disposal systems resulting in 15% consumptive use) will require a total diversion of 7.84 acre-feet of water per year, of which a total of 1.18 acre-feet of water per year will be consumed. Of these amounts, a total of 3.22 acre-feet will be diverted during the historic irrigation season (May -October, inclusive), and a total of 0.48 acre-feet per year will be consumed during this historic irrigation season. B. No more than one horse shall be allowed per lot. Based upon 11 gallons per day for each horse and assuming 100 percent consumption, there will be a total annual diversion and depletion of 0.245 acre-foot of water per year. Of this amount, a total diversion and depletion of 0.10 acre-foot of water will occur during the historic irrigation season. C. The Applicant shall adopt restrictive covenants 'and deed restrictions which will limit the use of water from the above -referenced wells for outside lawn and garden irrigation to no more than 2,000 square -feet of lawn and garden for each residence. Therefore, a total of not more 0.92 acres of lawn and garden area will be irrigated by said wells. The total annual diversion will be 2.76 acre-feet of water per year, resulting in a total annual depletion of 1.84 acre-feet of water, all occurring during the historic irrigation season. 6. The Applicant is the owner of an Option to Purchase 2.5 acre-feet of augmentation water which was decreed by the District Court in and for tarter Division No. 5 in Case No. -4- • 79CW97 on October 15, 1980. That decree found an annual average historic consumptive use of 48.0 acre-feet of water per year associated with the irrigation of 32 acres of land under five (5) shares of. the Park Ditch Company. Only 5.51 acre-feet of water per year are to be used for augmentation pursuant to said decree. Upon the exercise of its option, the Applicant will have available to it 2.5 acre-feet of historic consumptive use credit pursuant to said decree to allow for the continued diversions by the wells during the historic irrigation season for the purposes set forth in Paragraph 5. 7. Total diversions from the wells during the irrigation season will not exceed 6.08 acre-feet per year over not more than 150 days. Total consumptive use during this period will not exceed 2.42 are -feet per year. 8. The operational schedule of this Plan for Augmentation shall be in accordance with the decree in Case No. 79CW97, as follows: (a) Water required for augmentation purposes hereunder will be diverted through the Park Ditch in accordance with the provisions herein. (b) (During the months November through April, inclusive, the Applicant will divert sufficient quantities of water under the well's own water rights, and augmentation of such diversions shall not be required. (c) During the months May through October, inclusive, Applicant shall cause to be released through the Park Ditch 2.5 acre-feet of water, 1,54 acre-feet during the months of May, June, and July by virtue of Applicant's interest in the water rights decreed to the Park Ditch and .96 acre-foot: during the months of August, September, and October by virtue of Applicant's interest in the water right decreed to the Consolidated Reservoir, through the augmentation station constructed and operated pursuant to the decree in Case No. 79CW97. Said releases shall be made at such times and in such amounts are directed by the Division Engineer. 9. By diverting its share of the water required for augmentation purposes through the Park Ditch in accordance with the decree in Case No. 79CW97, the Applicant will replace 100 percent of the otherwise out -of -priority depletions caused by the operation of the wells. As a result, the underground water to be diverted by the wells will be available without causing injury to any owner of or person entitled to use vested or conditionally decreed water rights, and the wells may be operated without curtailment for the benefit-, of more senior appropriators so long as they are operated in accordance with this decree-. V i The Referee does therefore conclude that the above -entitled Application should be granted and the structures set forth above may be operated in accordance with this Ruling without State administrative curtailment for the benefit of senior appropriators so long. as the terms and conditions herein set forth are fully adhered to throughout the operation of this Plan for Augmentation. The State of Colorado Division of Water Resources shall issue well permits for the hawk Ridge Well No. 1 and Hawk Ridge Well No. 2 subject 'to compliance with this Plan for Augrnentati.on. Said wells, together with the Keller Well, shall be equipped with totalizing flow meters, and diversions shall be curtailed through said structures if they or other features of this Plan for Augmentation are being operated in violation of the terms as set forth herein. 'The Court retains jurisdiction over this matter and, upon proper peti ton, will reconsi der the approval of thi s Plan for Augmentation. Such reconsideration shall be limited to the question of. injury to the vested rights of others, the petitioner shall bear the burden of establishing a prima facie case of the' injury alleged in the petition, and the Applicant herein may propose reasonable terms and conditions to prevent such injury. Three years, commencing f rorir the date of this decree, shall be the period of retained jurisdiction in this matter and, if no petition for reconsideration is filed within said period, the retained jurisdiction of this Court shall auto- matically expire. This Ruling shall be filed by the Water Clerk and shall become effective upon such filing subject to judicial review pursuant to C.R.S -1973, Sec. 37-92-304. A copy. of this Ruling shall be filed with the appropriate Division Engineer and State Engineer. -h- 1981. Jul 0 7 1981 IEAYENIY0,41N, PATRICK & luciinui 1/4 Done at the City of Glenwood Springs this es' day of June, 13Y THE UE EIiEE : W,lief eree W4'"cr Division Ho. 5 State of Colorado No protest have been filed, the f oredoi nq Ruling or the Referee is• hereby approved and confirmed and made the Judgment and Decree of the Court. Date: jI ! r; / 1 Water Judge IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 79CW.97 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF CARBONDALE LAND DEVELOPMENT CORPORATION IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: CATTLE CREEK IN GARFIELD COUNTY FILED IN WATER COURT UR -1" Division No. 5 fj STATE OF COLORADO WATER .CLERK BY DEF'U fY ) RULING OF REFEREE The above entitled application was filed on April 30, 1979, 411114 an addendum was filed on May 14, 1979, and were referred to fh undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 18th day of May, 1979, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Right Determination Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The names of the structures involved are: (a) Clark Well No. 1, adjudicated by this Court in Case No. 79CW67; (b) Morris Well No. 1, adjudicated by this Court in Case No. 79CW68; (c) M/K Well No. 1, adjudicated by this Court in Case No. 79CW66; and (d) CLDC Well No. 1 through CLDC Well No. 14, adjudi- cated by this Court in Case No. 79CW96. 3. The name of the claimant and address is Carbondale Land Development Corporation; c/o Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., P. O. Drawer 2030, Glenwood Springs, CO 81601. 4. The source of the water is from wells tributary to Cattle Creek tributary to the Roaring Fork River.. 5. The legal descriptions of the locations of the wells are as follows: (a) Clark Well No. 1 is located in the SW1/4NW4 of Section 17, T.7S., R.87W. of the 6th P.M. at a point 250 feet East of the West line and 2,310 feet South of the North line of said Section 17. (b) Morris Well No. 1 is located in the SE4SW4 of Section 11, T.7S., R.87W. of the 6th P.M. at a point 660 feet North of the South line and 2,062 feet East of the West line of Said Section 11. (c) M/K Ranch Well No. 1 is located in the NE4N[']4 of Section 17, T.7S., R.87W. of the 6th P.M. at a point 300 feet South of the North line and 1,400 feet East of the West line of said Section 17. (d) CLDC Well No. 2 is located in the SW4SW4 of Section 11, T.7S., R.8$W. of the 6th P.M. at a point which bears N.11 00'05" E. a distance of 1,200 feet from the Southwest corner of said Section 11. (e) CLDC Well No. 3 is located in the SE4SW4 of. Section 11, T.7S., R.88W. of the 6th P.M. at a point which bears N.51°01'11" E. a distance of 2,000 feet from the Southwest Corner of said Sectlan 11. (f) CLDC Well No. 4 is located in the NW4NW4 of Se4tion 14, T.7S., R.88W. of the 6th P.M. at a ioint which bears S.51°29'53" E. a distance of 580 feet from the Northwest Corner of said Section 14. (g) CLDC Well No. 5 is located in the NE4NW4 of Section 14, 'T.7S., R.88W. of the 6th P.M. at a point which bears S.86°53'46" E. a distance of 1,880 feet from the Northwest Corner of said Section'14. (h) CLDC Well No. 6 is located in the NW4NE4 of Section 14, T.7S., R.88W. of the 6th P.M. at a point which bears S.87°53'37" E. a distance of 4,200 feet from the Northwest Corner of said Section 14. (i) CLDC Well No. 7 is located in the NE4NW4 of Section 14, T.7S., R.8$W. of the 6th P.M. at a point which bears S.50 35'30" E. a distance of 2,290 feet from the Northwest Corner of said Section 14. (j) CLDC Well No. 8 is located in the SW4NE4'of Section 14, T.7S., R.8$W. of the 6th P.M. at a point which bears S.48 59'02" W. a distance of 3,540 feet from the Northeast Corner of said Section 14. (k) CLDC Well No. 9 is located in the SW4SW4 of Section 14, T.7S., R.88W. of the 6th P.M. at a point which bears N.9°18'03" E. a distance of 1,030 feet from the Southwest Corner of said Section 14. (1) CLDC Well No. 10 is located in the SE4SW4 of Section 14, T.7S., R.88W. of the 6th P.M. at a point which bears N.64°02'11" E. a distance of 2,810 feet from the Southwest Corner of said Section 14. -2- (m) CLDC Well No. 11 is located in the SW'SE; of Section 14, T.7S., R.88W. of the 6th P.M. at a point which bears N.82°12'09" distance of 3,530 feet from the Southwest Corner of said Section 14. (n) CLDC Well No. 12 is located in the SW;SWQ of Section 14, T.7S.', R.88W6 of the Gth P.M. at a point which beras N.85 42'23" E. a distance of 1,280 feet from the Southwest Corner of said Section 14. (0) CLDC Well No. 13 is located in the NWaNEa of Section 23, T.7S., R.88W. of the 6th P.M. at a point which bears S.51°05'48" W. a distance of 1,920 feet from the Northeast Corner of said Section 23. (p) CLDC Well No. 14 is located in the SEQNWQ of Section 23, T.7S., R.88W. of the 6th P.M. at a point which hears S.48°56'53" W. a distance of 3,830 feet from the Northeast Corner of said Section 23. 6. This islan application for approval of a Plan for Augmentation and Change of Watei'I Riqths for the purpose of providing water to satisfy senior water rights when the above-described wells are producing out of priority. 7. Statements of Opposition were timely filed by Union Oil Company of California and by the Colorado River Water Conservation District, and as a result, on July 31, 1979, the Application was re-referred by the Water Reseree to the Water Judge for Water Division No. 5. 8. On October 2, 1979, the Statement of Opposition of the Colorado River Water Conservation District was withdrawn. 9. On August 21, 1979, an Entry of Appearance was filed by the Park Ditch Company, David Stroock and John Sutey. 10. On January 29, 1980, the Applicant and Daniel Stroock, John Sutey, and the Park Ditch Company filed a stipulation containing the following pertinent provisions: A. Stroock, Sutey,• and Park agree to withdraw their appearance in Case No. 79CW97, and to permit the use of 5 shares out of the 8 shares ogped by the applicant in the manner proposed by the plan for augmentation. Park further agrees immediately to make all necessary entries on its corporate books and records to recognize applicant as the owner of 8 shares of the capital stock of Park. B. Applicant agrees, on behalf of itself, its successors and assigns, to permit Park to exercise sole administrative control over the delivery of water to Park or to the Division Engineer, Water Division No. 5, pursuant to said plan for augmentation, and to pay to Park any costs of administration incurred by Park by virtue of said plan for augmentation. Applicant also agrees to continue to pay the normal assessments levied annually by Park for the usual operation and maintenance of Park's irrigation system. Applicant agrees that in the event it should fail within siXty (60) days to remit to Park any assessments or other charges properly assessed to applicant, Park shall provide notice of such failure to applicant and to the Division Engineer, and that if such amounts are not paid or otherwise resolved within ninety (90) days following such notice the Division Engineer may thereafter administer the wells as if the plan for augmentation did not exist, until such amounts have been paid or otherwise resolved. Park agrees to administer the shares owned -by applicant in accordance with the requirements of said plan -for augmentation as directed by the Division Engineer. 'C=. In order to enable Park to seek appropriate and necessary approvals of the Water Court, Water Division No. 5, to permit the use of all water rights owned by Park for domestic uses as well as the existing agricultural uses, applicant agrees to pay the cost of an engineering study to be performed by Western Engineers, Inc., in accordance with the proposal attached hereto as Exhibit 7.(ATTAC N D Upon receipt of the results of said study, Park agrees to %D.SigOU[/1��C institute appropriate proceedings in said Court; applicant agrees to support such application when filed. 11. The Applicant and Union Oil Company of California have reached an agreement in the form of a proposed consent decree, the pertinent parts of which have been incorporated in this Ruling of Referee. 12. As a result of the Stipulation and the proposed Consent Decree which have }een filed in this matter, on April 22, 1980, the Application was again referred to the Water Referee by the Water Judge for Water Division No. 5. 13. Carbondale Land Development Corporation is engaged in the development of approximately sixty-nine (69) lots for single- family residential development to be located on property owned by CLDC situated on four (4) tracts of land encompassing approximately 476 acres, more or less, located in parts of Sections 11, 14, and 23, Township 7 South, Range 88 West of the 6th P.M. (hereinafter referred to as "CLDC Property"). CLDC has also entered into agreements with others for the inclusion in this plan of an additional three (3) single-family residences to be located on property owned by them and situated within Section 17, Township 7 South, Range 87 West of the 6th P.M. (hereinafter referred to as "Agreement Properties"). Thus, a total of no more than seventy-two (72) single-family residences will be included within this plan for augmentation. 14. Applicant proposed to utilize a total of sixteen (16) wells to supply water to the 72 lots. Thirteen wells will service 69 of the lots through a central water system; the remaining 3 wells will be domestic wells located upon and servicing individual lots. The wells involved herein are as described in Paragraph 2 above, at the locations as described in Paragraph 5 above. 15. On the basis of year-round occupancy by 3.5 persons per lot (252 persons), each utilzing 90 gallons of water per day, the annual diversion requirement form the wells involved herein for in-house uses will be approximately 25.40 acre-feet. 16. The waste water generated from the lots will •be disposed of through individual septic tank and leachfiold disposal systems de- signed to minimize evapotranspiration. The consumptive use of water used for in-house purposes is estimated to be 12% of the amount diverted, or a maximum of 3.05 acrefeet per year. The remainder of the water diverted .through the wells for in-house purposes will* be returned to the Cattle Creek watershed. Of the 3.05 acre-feet so consumed, 1.52 acre-feet will be consumed during the period May through October, when the Park Ditch has historically been used for irrigation and the wells are not expected to be permitted to divert water under their own decreed priorities. The remaining 1.53 acre-feet will be consumed during the period November through April, when the wells are expected to be permitted to divert water under their own decreed priorities. 17. Applicant shall adopt restrictive covenants and deed restrictions binding upon subsequent purchasers and current owners for each lot or parcel involved herein which will limit the use of water from the wells as follows: three (3) lots, the Agreement Property, shall be permitted to irrigate no more than 2,500 square feet of lawn and gardens each; the remaining 69 CLDC lots shall be permitted to irrigate no more than 1,000 square -feet of lawns and gardens per lot. There will, thus be a total of 1.76 acres of irrigated lawn and garden area with a diversion requirement of 5.27 acre-feet and a consumptive use of 3.51 acre-feet, annually. This 3.51 acre-feet of consumption will occur during the period May through October, when the Park Ditch water right have his- torically been used for irrigation and the wells are not expected to be permitted to divert water under their own decreed priorities. 18. Applicant further proposes to permit residents of 39 lots only to maintain no more than two (2) horses per lot; no other livestock shall be permitted. Based upon 11 gallons of water per day each, assuming 100% consumption, there will be an additional 0.96 acre-feet of water consumed each year. Of this, 0.48 acre-feet will occur during the historic irrigation season and 0.48 acre-feet during the historic non -irrigation season. 19. The total consumption of water as a result of Applicant's development and the three (3) additional lots included within this plan is, therefore}, expected to be as follows: Y May -Oct Nov -Apr Total In-house 1.52 1.53 3.05 Irrigation 3.51 0 3.51 Equestrian 0.48 0.48 0.96 Total 5.51 2.01 7.52 20. Applicant is the owner of, and shall cause to be committed for augmentation purposes hereunder, five (5) shares of the capital stock of the Park Ditch and Reservoir Company. Historically, each share of stock has entitled the owner town annual average yield of approximately 2.4 acre-feet of water in storage in the Consolidated Reservoir and 31.44 acre-feet of water under the direct flow water rights adjudicated to the Park Ditch. 21. Applicant's 5 shares of stock in the Park Ditch have historically been used to irrigate approximately thirty-two (32) acres of alfalfa and native hay meadow. Under irrigation practices typical of the area, the average consumptive use per acre has been 1.5 acre-feet per year, or a total of 48 acre-feet for the Applicant's five (5) shares. 22. The location of the thirty-two (32) acre tract historically irrigated as set forth above is generally described as being in the South Half (S1/2) of Section 14, Township 7 South, Range 88 West of the 6th P.M. 23. This Plan for Augmentation will make 48 acre-feet of water available to Cattle Creek each year to replace depletions from the wells, thereby permitting Applicant to divert through the wells during periods when the wells could not legally divert under their own decreed priorities, without causing injury to other water rights. Applicant will consumptively use a maximum of 5.51 acre-feet of water per year through said wells during the period May through October, when the wells are expected to be unable to divert water under their own decreed priorities. Therefore, 42.49 acre-fect'of consumptive use per year will be available to the Applicant by virtue of the 5 shares for additional use. 24. The operational : chedule of this plan for augmentation shall be as follows: (a) Water requirad for augmentation purposes hereunder will be diverted throuTh the Park Ditch in accordance with the provisions herein. (b) During the rn(nths November through April, inclusive, the Applicant is expect -ad to be entitled to divert sufficient quantities of water under the wells' own 1979 water rights, and augmentation of suc.:r diversions shall not,be required. (c) During the morths May through October, inclusive, Applicant shall cause tc be released through the Park Ditch 5.51 acre-feet of water, 3.39 acre-feet during the months of May, June, and July by v.rtue of the Applicant's interest in the water rights decreed to the Park Ditch, and 2.12 acre-feet during the months of Aug st, September, and October by virtue of Applicant's interest :r, the water right decreed to the Consolidated Reservoir, tzrough an augmentation station to be constructed by Applicant ✓ith the approval of the Division Engineer and Objector Union Oil Company, to be operated by the Park Ditch Company. S id releases shall be made at such times and in such amounts as are directed by the Division Engineer. (d) 4plicant shall rermanently remove from irrigation the 32 acres of land histo-ically irrigated by the 5 shares of Park Ditch stock. 25. The Park Ditch water rights may be changed from irrigation use purposes to domestic, irrigati)n, augmentation, exchange, and all other beneficial purposes for use terein without injuriously affecting any owner of or person entitled to use vested water rights or decreed conditional water rights. 26. If the Plan for Augmentation is operated and administered in accordance with the above-detail,ad description, it will have the effect of replacing water in Cattle Creek and its successor streams at the time and place and in the ami:unts of the depletions caused by the development's use of water. i`,s a result, the underground water to be diverted by the wells set forth in Paragraph 14, above, which would otherwise be considered as fully appropriated and' unavailable for use, will now be available for a)propriation without adversely affecting any owner of or person ent.tled to use vested water rights or conditionally decreed water right on Cattle Creejc, its tributaries or successor streams. 27. All current and subsequert purchasers of CLDC and Agreement Property as hereinabove described wilt be bound by the terms of the decree in this matter, and the decree shall be filed of record in Garfield County and thereby constitut' a covenant running with " land. The deed restrictions and restr_ctive covenants runni; the property involved herein shall allow the use of water set forth in this plan for augmentatic n and shall }arc li i i, uses. 28. The Referee finds that the imposition of the conditions set forth herein, wells for the descr.;_'ed purposes only may be con- structed and utilized without adversel affecting any vested water rights or decreed conditional water ri' hts on Cattle Creek, its tributaries, or successor streams, and that, by the institution of the plan for augmentation and chants( of water rights herein approved,' (UDC, owners of the Agreemert Property, their purchasers, successors or assigns may secure permits for use and such wells or other structures without adversely affe:ting any vested water rights on Cattle Creek, its tributaries or suc.;essor streams and without the necessity of administering or curtailing the withdrawal of water therefrom, so long as the conditions outlined herein are met. It is specifically found that this plan for augmentation, based upon the average historic consumptive use of 48 acre-feet from the five shares of Park Ditch Company stock which is the subject hereof, will prevent injury to other water rights as a result of the diversions of water to supply the 72 lots, however no plan for augmentation for other properties or structures utilizing the 42.44 acre-feet of excess historic consumptive use is determined or decreed hereby. 29. The plan for augmentation and change of water rights set forth herein is one contemplated by law. The Applicant is entitled to a decree approving the Plan for Augmentation and Change of Water Rights set forth above. 30. The change of water rights and operation of the Plan for Augmentation involved herein will cause unappropriated water to be available for the Applicant to divert through the water rights to be augmented as set forth hereinabove; the availability of unappropriated water to the stream will permit diversions through said structures without injuriously affecting, owners of or persons entitled to use water under vested water rights or decreed conditional water rights, including Objectors herein, provided said structures are operated in accordance with the Plan for Augmentation and Change of Water Rights herein involved. 31. The P4r.k Ditch water rights utilized pursuant to this Plan for Augmentation shall not be deemed abandoned pursuant to the commitment of said shares in the Plan for Augmentation involved herein. 32. This Ruling of Referee and decree constitute a portion of the law required to be enforced by the State Engineer and Division Engineer within the meaning of C.R.S. 1973, 37-92-202(2), 37-92-301, and 37-92-501(1). The State Engineer may lawfully be required under the terms of this Ruling of Referee and decree to administer the Plan for Augmentation in the manner set forth herein and not to curtail diversions, in times of shortage, through said structures, the depletions for which are compensated by the operation of the Plan for Augmentation and Change of Water Rights herein approved. The Division Engineer may lawfully curtail diversions through said structures included herein if they or other features of this Plan for Augmentation are being operated or used in violation of the terms and conditions as outlined herein. The Referee does therefore conclude that the above -entitled Application for Approval of Plan for Augmentation and Change of Water Right should be approved, and the structures as described herein may be operated in accordance with this Plan for Augmentation, without State administrative curtailment for the benefit of senior appro- priations, so long as the terms and conditions herein set forth are fully adhered to throughout the operation of this Plan for Augmentation, and that the State Engineer shall issue permits for the wells, pursuant to C.R.S. 1973, Section 37-90-137, subject to the conditions that said wells shall be equipped with totalizing flow meters, shall be operated only in accordance with the Plan for Augmenation as set forth herein, and diversions shall be curtailed through said structures included herein if they or other features of this Plan for Augmentation are being operated or used in violation of the terms as set forth herein. This plan for augmentation shall not become effective, and no well permit shall be issued based upon it nor shall existing wells be protected by it, until all structures and devices required as described herein have been constructed and are operating. Applicant, its successors and assigns, shall be permitted to continue to utilize the subject five shares of stock in the Park Ditch Company for irrigation in the historic manner until such time as well permits for the 72 single family residences are applied for and Applicant, its successors or assigns, desires to put to use the 42.49 acre-feet of additional historic consumptive use determined to be available hereby. Applicant,jas the direction of the Division Engineer, will terminate the historic irrigation of 32 acres at such times and to such extent as are necessary to limit the consumption of water from the subject five shares for all purposes including the subject wells to no more than 48 acre-feet per year. It is accordingly ORDERED that this ruling shall be filed with the Water. Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304, C.R.S. 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 29 day of 1106/InT No protes was filed in this matter. The foregoi•g ruling is c ► iTrrnecl and approve. an s made the Judgment and ►. rre of tlyisHu 'rt - Dated: tir:. �a WATER JL 19,80. BY THE REFEREE: r"' iter Division No. 5 State of Colorado ter Referee No protest was filed in this matter, and accordingly the foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this court; provided, however, that the approval of this change of water right and Plan for Augmentation shall be subject to reconsideration,by the Water Judge on the question of injur to the vested rights of others during any hearing commencing in the civ calendar years succeeding the year in which this decision is rendered. i Dated l! Water Ju g AGREEMENT FOR THE LICENSE OF WATER THIS AGREEMENT, Made and entered into this WL -day of X11' rig Decembdr, 1981., by and between the CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado Corporation (hereinafter "CLDC"), and ARTHUR W. ACKERMAN, CAROLYN ACKERMAN, GWENDOLYN HANSEN, AND HANS PETER HANSEN, as tenants in common (hereinafter "Licensees"): WITNESSETH: WHEREAS, Licensees desires to obtain a quantity of water decreed to CLDC in Case No. 79CW97, Water Division No. 5, State of Colorado; and WHEREAS, pursuant to the terms of the final Decree in said Case No. 79CW97, a total of five (5) shares of the capital stock of the 'ark Ditch and Reservoir Company, a Colorado mutual ditch company (hereinafter "shares"), are involved in and are governed by said Decree; and WHEREAS, CLDC agrees to hold in a constructive trust for the partial benefit of Licensees said five (5) shares of stock in said corporation; and WHEREAS, to fulfill the terms of the Agreement referenced in Paragraph 5 between CLDC and Licensees, it is now necessary for CLDC to execute this License Agreement. NOW, THEREFORE, for and in consideration of the sum of Fourteen Thousand Dollars and no/100 ($14,000.00), the prior receipt of $2,500 of which is hereby acknowledged and the receipt of the balance of $11,500.00 is hereby acknowledged upon execution of this Agreement, CLDC extends this license coupled with an interest to Licensees as follows: 1. CLDC agrees to hold in constructive trust for the benefit of Licensees that number of shares, or fraction thereof, included within the flan for Augmentation decreed in Case •No. 79CW97, Water Division No. 5, which yields not less than 2.0 acre-feet of adjudicated excess augmentation water as later defined herein. 2. CLDC hereby extends, conveys, demises and lets this license coupled with an interest to Licensees, their heirs, suc- cessors and assigns to forever and perpetually enjoy, use, and benefit from thi grant, subject to the terms herein set forth, 2.0 acre-feet of adjudicated consumptive use water more particu- larly described in Paragraphs 21, 23, and 28 of the Decree in said Case No. 79CW97. 3. The benefits from this grant of this perpetual license coupled with an interest shall be expressly conditioned upon Licensees', their heirs°, successors', and assigns' faithful conformance with all terms and conditions of the Decree in said Case No. 79CW97. CLDC and Licensees recognize that in the event of a breach of said terms and conditions by Licensees, their heirs, successors, or assigns, this license may be extin- guished, altered or affected by order of a court of competent jurisdiction. In the event such an order is entered, CLDC shall_ not be liable for any damages to Licensees, their heirs, successors, or assigns as a result thereof. 4. This license is without warranty of any kind but merely licenses, to the extent of the quantity here extended and licensed, CLDC's interests in and to 2.0 acre-feet of adjudicated augmentation water decreed to he in excess of CLi)C's then present demand of 5.51 acre-feet of consumptive use water out of a total of 48.0 acre-feet decreed in said Case No. 79CW97. 5. By executing this License Agreement, Licensees, as successors in interest to the Crystal Springs Land and Live- stock Company (hereinafter "CSLL"), hereby exercise the option granted Lo said CSLL by CLDC in Paragraph 1 of an agreement executed on June 19, 1980, and also hereby release CLDC from any further obligation under said June 19, 1980, agreement. 6. CLDC shall have the right to collect from Licensees on a yearly basis any and all assessments payable by CLDC to said Park Ditch and Reservoir Company attributable to that amount of -2- water for which a license is herein extended. Such assessments shall be paid by Licensees to CLDC within 30 days after demand and any unpaid balance remaining after 30 days shall accrue interest at a rate of 18 percent per annum. 7. CLDC shall not institute proceedings or take any other action to alter or modify the provisions of Case No. 79CW97, Water Division No. 5, so as to adversely affect this license without the prior written consent of Licensee. In the event CLDC ever establishes additional terms for the constructive trust or any express trust created or contemplated herein, the terms of said trust shall not adversely affect this license without the prior written consent of Licensee. The parties further understand that the water licensed herein is derived from the 42.44, acre-feet referenced in Paragraph 28 of said Case No. 79CW97 Provided further, that Licensee shall inure to said licensed water subject only to conveyances or licenses made by CLDC prior to June 19, 1980, the date Licensee was optioned a portion of said 42.44 acre-feet by CLDC. In the event of dissolution of CLDC or the trust, Licensees shall have all statutory remedies available under Colorado law to protect Licensees. 8. In the event any breach of this Agreement occurs by Licensees, CLDC shall grant a thirty -day written notice to Licensees from the date of said breach in which to cure said breach. If Licensees fail to cure or complete substantial efforts to cure said breach within the thirty -day period, Licensees shall forfeit to CLDC all right, title and Lnterest in and to the $2,500.00 already paid to CLDC and to the Option Agreement entered into June 19, 1980, recorded at Book 550, Page 566, Garfield County Records. 9. This License and Agreement is and shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto. 10. By signing this license agreement, the parties repre- sent to one another that all procedures necessary to validly execute such have been duly performed and that each party is empowered to do so. -3- 047 Dated this /61-4- day of January, 1982. CARBONDALE LAND DEVELOPMENT CORPORATION By <evi . 'a ric Atto -ney in Fact fore LDC_ ce Kistler, P.,Rs,c�e,I ARTHUR W. ACKERMAN CAROLYN ACKERMAN GWENDOLYN HANSEN HANS PETER FIANSEN ,a/x6 z /Lc -- STATE OF COLORADO ) ss. County of Garfield) The foregoing instrument was acknowledged before me this 15th day of January , 1982, by Kevin L. Patrick, attorney in fact for Bruce Kistler. WITNESS my hand and official seal. My Commission expires: September 18, 1984 • Address: 1104 Valley View Rd. Glenwood Springs, CO 81601 art- tary Public STATE OF COLORADO ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 1982, by Arthur W. Ackerman. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ss. County of ) Notary Public Address: The foregoing instrument was acknowledged before me this day of , 1982, by Carolyn Ackerman. WITNESS my,hand and official seal. My Commiss(on expires: . Notary Public Address: STATE OF COLORADO ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 1982, by Gwendolyn Hansen. WITNESS my hand and official seal. My Commission expires: Notary -Public Address: STATE OF COLORADO ) ss. County of Garfield ) The foregoing instrument was acknowledged before me this 15th day of January , 1982, by Hans Peter Hansen. WITNESS my hand,and official seal. My Commission expires: September 18, 1984• • • r. rotary 'u• is Address: 1104 Valley View Rd. Glenwod Springs, CO 81601 -5- Recorded at q o'clock_ A_M. [I Reception No. :122Z23 MIL[)RED ALSDORF, RECORDER EC74 367 r.':€583 DEC 7 1981 MIT ovvicanivi • R)',!) '✓•1;1 P l., f; l j ..1.i.tt ,'. ',..1'.:1 :;, . •1 .1 ' J:1111•;b1, Li ),1, I.1 It. U1' i•), J TJJ i . i.; �......�[ t..lUt .•, 11, Jr., ;; ,,....a ., ', l 1 .t, .; [.) i C ,^ ^ r ,.1 �� - .l.i 1S ..,, ��1i L1�_.��� ,r�..:l.l:, ��•J•,i'1 Jf'. C ,.;T),l, al: 1)1.2 )./i..1.) 1)•')1).. 1) :. 1.f 11 ,. . r 2.1 L , I .: c .. l 1 . ' . !'). .r.'.1 .�, :', ir,. 1. Di—% . 5, (19; .?) ,;.1.1 ., .11. , '`11. , 1r) J •l. ( <. •tr)1_) , 11.2.17l3SU.:1 F ')C,l-:,cy 15, 1 O; 'i) V:,r'1 t':i 4 1•.:1.1 Nj. 1, 15 j.i).::1. P 111i►: ,AA). 11rz7' lir. '`I t)il..:1, JIt1...'I .'I 't• y L1, 1.'i- , .n .r.c,.] 1) C a 1' l;!li. ,c"_J.':n rl` Jf: A I ');.... ;, )M12i':". ! '1 .y :71, l "' .: i_,:!1 .l,l ,�r,.:,l,c i l.L ):1 )1. for .' .:�., .l OCL.ij,1 1',"1"'; 5) :i NJ. 1 , ;I'l,d'; i;i 1 1 . •.i 1. .,IL] t;l•:t-. At.1'.'1_11L•f_iJ,l P1-ln ��,,,)�3J.(1 :-r; .'•ju'i..'t_':��1 011 Jr .'!.x)Llt: )Ili.l i, 1911, .'13,2 t.tO. :`!..). `�, `i:: Ji ','.)1JCc:.]J, ,•:11 .' '1 ). 7 J:,if,)7, 311 ;) ,11 ri')!d.:;, .1,1 1 •' i ,.:11 •.1),)u L'711.1,1L. 1:) ' -7) '11l til.r :1.1 1,)1-.. tnt.9 )rl or .,t>.)Ut .1do.' '01D:)t, off.i . _ Jf t.h.' C'I:L[old 7,ounLy :''_ :r', ,-1111 1\1.1. „ 't`r ...r[;1 l):lL ' r i'�!l�:i :�) r.l; : ;) .;1;. ;.,) o C0'1,JTZ brx 55'7 rTkrA590 '3) :\11. "•ild ViPIL • ii :i ijj1t) 1.1.1 t. ) tj• ; Ex1i.ibj .\...Li: ruL) ;..:;1(1 :3,1 hy () ) 11.'1 r, f ony, nLtju'4; H •'‘ is fl.:2iibjL Dt.111.! L11. - Ly Ti :)j•.) J Li I 1.1) c!.11 :c1-2 • t._144% S.[0 LI:CO I )r V1,1.2 f2•Dt!,13 VN:•l PELT *7. 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IIUfa1.Vl:N. 411 *1441 p..., 1 of 4014 I of 14 ly{nv Northerly O( the cantor line of the C sty n.►...1, which County Hoed 1• de.Cr1 a4 is ' Colloidal' A strip of land 60 te.:t In width, to he used for -county toe purposes. '•ilusled In section 11. T..,.n.hlp 7 South. Rani)* ea West of the `lh Principal Ntrf Idl•n, test t irl.1 C.,.,r.ty. Colorado. Leine] 30 (.e.. In width On each aide 6►f Il.0 fol lovin.l Aeecr 11ue4 center Sloes 00 1n- n1t+v et • polnt on the !;outh.-rly 11.'. of e•Id ..action 1) whence Lh South t)u•lluo' Corhrr of •std srsi luh 1) hser0 O. 119'11/'49' K. 0.69 - feets tl.u,14:. N. 01.2,'10' N. /n1.tn feet, thence 241.21 feat •1ol,y the •.a: of • culvo to Ilse . i.,lst 1.ouitel • wailful/ of 29b.3S feet. lho choid of whit.h 1)001 6. P. 3u'0)° to' r. )1).714 feats thence 113.90 (wet ;•lnn9 the sic of a a:utve to Ilio 11'11 haviny a lmdlue of 513.17 (wet, ilia flood of which lilacs N. 04)• 41..' 40' W. 309.97 frets thehca 11. 11°20.30° W. 1b. 1 1 feet) tl.E..r., :9,.10 fest. •hang rho arc of • curve to the r191,1 1►.tvio•j s $4•9.41b ..f 911.1i) feet,•tho chord t►f.whlch Were( 11. 10'u7'20" U. 796.10 levo; 11......t: H. 00°54'50' V. 1713.79 Vet; thrtt.e 119.19 rem* whoop Its.. ..1c ..f • co.vn to Ilse slyest hav1117 • wdlotl of 1'10.07 l wet • 11,u these d of t..1.la:h heats 13. )2'03' E. 173.09 (watt thu►.cu 714.71 (ret w1un.1 lieu a1c of a curve to 1.h• right havinv • r•41ua of 313.13 foot, the thosd of which 3. re N. Sfl'/ti'70' C. 111.70 fort, lhant'a 111.61 feet •1..1.9 1.1.•, Arc of a Curve to the 61•sht having • 1.,.11M0 01 111.77 (c01, 01.0 &hnt.l tit i.ehich hoar. 11. 711°]$'15- E, 11).17 (eel'( 1140...:.► N. 11.1'11' L. 111.0$ fete thence 1719.10 foot. • luny the u1C Sol • t:o.va Its Ili. loft ).•viny • radius of 1074.57 ;cut, the t:hutd of which buds'. N. !0'0b' E. 191.14 feet( thence U. 72'47• E. a0.011 feet $ Ihc►►47e 199. f 7 !cwt • 1r.ny the aro of • Curve to the tlyl.l hav/n.J • s.odlu4 of 1066.16 feet, the chord of which Lcas. N. 711•0(1'.10" C. 1,9,11 foots lhesn.0 11. U)'30' C. 171.00 feet, thence 176.1) foul •luo<3 the •1,J of • 1 4)'v• to the lett 1.•v/ng • r•lllua Of )61.00 (rut. rho 1.4..,141 of ahi.l. heel. 11. 69')0'S0' C. 171.61 tests lhun..e )0.19 feet a1u149 the .•►c of • .•u,va kis Lha late having a rad - !Lib of 131.09 feet, the .Cho1.1 of 141.1.11 1•e0v0 14. 5)•33'(1' f1': 30.99 fa••t; thrt.l.0 11. 93.14.1)- 1:. 164.901 fust, thence 311.31 feet •101.4 (ho •.0 tat a CUIve to the left I..v1..•1 a ,•.Slue of )47.71 feet. t1.e cho,d of whic!. 1•ce.e 11. 3 •34•IJ• 1.t. 191.)0 ta•et, thence N. 20'21'5]', W. 361.11 feats ll.ouue 199.19 fres 01..4.9 the aro of s curve to ell. sight ►.•vtng.a.iedlus of )1›.91 (,»l., 1t..1t ehU4A 0/4.e011th 1.•-p{de 11.. 0)'2)'41• N. 199.01 toot. Ihnn. r ►.. 11'60'30' C. 1.41 feats then(. 75).01 fr•l 41414.) 11.4 •1c of • .u. v. 1. the fright havin.s a radlue Of 109.10 14)4.1.. the 4454)1.11411.1441,1, h.:ar. Il. 50.16'27" E. 217.43 feet; shcnaa 110.11 foul •lues•) Shu a.c of • .'urea to alio style hawing $ ' ;idiot. of 1113 11 feat, the ,:1.“.a ssl vhI<_h l.ea,b S. 051'2)•5]' G. 19).12 feat; euro.:e S. 75'10'10').. 1)0.60 feet, thence 139.01 feet Aloe.) the at/. of • .'411va• to the left l...vIr.; • radius. of 19)4.2) feet, she tlr..,.l .►f whisk In Jib Iii. 1J' 19' 10' F. 1)9.91 (cell t).or►t. d. )1.10.111' E. 79.91 (well 41.01•►,. a 2I7.U6 foot •luny the •1.0 of a curve t.. the 1.1s h•etny w 4.1.114,4 of L111.6) fret, the chot4 of ulticis bears S. 150040'10' V. 211.19 1e,•t, 1t,e..1 a 09'50'10' C. 312.31 1(.1. to • Leant un tl.0 L'A,.I.•1 1y 14••12 4.f ►.14 1.141 ion 1) whence the East Oust' tel C's•. oa 1 411 Laid ►t, t 11411 1) i..., 4 S. 07'01°19' R. 1930.01 (Met. ALSO ucn'ftNG the Ceeely {loaf as above tie cribrJ. t. r0' 4.2. ta Q g ‘`,q1 Y:t: r: t;,-i g Q. s' a Section 4 VEGATION & WILDLIFE Section 5 SOILS & GEOLOGY the land design partnership Hawk Ridge Vegetation Statement Major tree masses are shown on the Hawk Ridge preliminary plat. This tree material consists of pinon and juniper on the south central portion of the property, a scattered stand of scrub oak along the northern boundary and a few introduced tree species on the southern most portion of the property associated with an old homestead. The remainder of the site is primarily irrigated alfalfa with native sage and cactus along the higher ridge of the property. Hawk Ridge Wildlife Hawk Ridge is classified as primary winter range for deer and some elk. Mitigation of this potential impact on wildlife has been addressed by large lots, and covenant restrictions on fencing and animal control. 403 West First Street Glenwood Springs Colorado 81601 (303) 945-2246 Y z 0 ?LJ CHECKED BY: DRAWN BY: 0 r 11 Gi) Ro 1 t LINCOLN L' DeVOR E ENGINEERS • GEOLOGISTS CONT.INTERVAL o .s' m L o z 4 Z- 0 Gs,T/ oars vt�[ Gv MATPI.�G 'COLORADO:COLORADO SPRINGS PUEBLO. GLENWOOD SPRpNGS. GRAND JUNCTION WYOMING : Eva. tsSTON ni > til 00 0 V/ SrF • •, I • . • • 1 '1:1R�,I-., ��' p \, 1. • • • NalaRM 111\1 111�.�' 1 00 ■ •' • • J mi ussomp on•pimm SIP ime•011.11 arm= Mee ma Lincoln DeVore 1441 Motor Grand Junction. Colo 81501 (303) 242-8968 H. P. Hansen 278 Garfield Carbondale, CO 81621 RE: January 14, 1982 GEOLOGY AND PRELIMINARY SUBSURFACE SOILS INVESTIGATION HANK RIDGE SUBDIVISION CARBONDALE, COLORADO Gentlemen: Transmitted herein are the results of a Geology and Preliminary Subsurface Soils Inve5tigati.on and Foundation Recommendations for the proposed Hawk -Ridge Subdivision north of Carbondale, Colorado. Respectfully submitted, LINCOLN-DeVORE TESTING LABORATORY, INC. By: Gar M. Kr snik, P.E. Grand Junct-4n Office Reviewed by: GMK/jb. LDTL Job No. 421.74GS arodo Springs, Colorado Pueblo, Colorado Grand Junction, Colorado By: Micael T. Weaver Professional Geologist 1 -denwood Springs, Colorado Evanston, Wyoming ABSTRACT: The contents of this report are a Geology and Preliminary Subsurface Soils Investigation and Foundation Recommendations for the proposed Hawk Ridge Sub- division north of Carbondale, Colorado. Topographically, the site is essentially an upland mesa with some low hills, shallow ravines and swales derived by weathering of the formational bedrock. Surface drainage varies across the site from fair to good; subsurface drainage is fair to poor. Based on the investigation and testing program described herein, we recommend using shallow foundation systems of more or less conventional design for structures at this property. For preliminary footing design purposes, or to prepare sample designs for models, allowable bearing pressures of 3000 psf maximum and 1000 psf minimum would be appropriate. However, site specific soils examinations are imperative due to the small number of soil borings obtained relative to the size of the development. All floor slabs on grade must be constructed to act independently of other structural portions of the buildings. Adequate drainage must be provided at all times. Water must never be allowed to pond above the foundation on soils. A Type II Cement would be recom- mended in all concrete in contact with the soil on this site. -1- More detailed recommendations can be found within the body of this report. All recommendations will be subject to the limitations set forth herein. This report is to be used as a study of geologic hazards on the subject site, together with a preliminary and general overview of the soil conditions on the site. This information has been gathered to meet the state requirements for such reports. This report is intended for this use. Ten (10) test borings spread over a 105 acre site, can only be used as an overview of the soil conditions and not for site specific design purposes. The areas of the proposed water tank and lots 4 and 5 were not accessible to the drill rig. These areas were effectively cut off by a relatively deep drainageway that could not be crossed by the drill rig. Due to the snow depth, we could not examine the surface soils in these areas. It is recommended that a specific soils investi- gation be conducted in the area of the water tank as soon as access can be provided. -2- INTRODUCTION: The purpose of this investigation was to determine the general suitability of the site for con- struction of the proposed Hawk Ridge development to be located in part of half of Section 13, T.7S, R.88W, 6th Subdivision, a residential the west half of the east Principal Meridian, north of Carbondale in Garfield County, Colorado. Topographically, the site is an upland mesa with some varying contours, numerous swales and some shallow ravines. Many of the latter are asystem of inter- mittent drainageways that enter the east central side of the site, both north and south of the knoll where the planned storage tank for the subdivision is to be located, and turn south to eventually leave the site near the southwest corner. Most of the lots at this development exhibit areas of gentle to moderate slopes with a few steeper areas at widely isolated locations. Surface drainage, naturally, developed by erosion over a long time period, is fair to good. Sub- surface drainage in the fine-grained native soils is fair to poor. The natural intermittent drainageways and roadside ditches eventually direct runoff water to the Roaring Fork River located 2 to 22 miles south of the property. water -3- GENERAL GEOLOGY: The entire subdivision is underlain by an extensive series of basalt flows. in the northcentral portion of the property encountered basalt from the surface to 200 feet. The exact age of the flows has not been established; however, they are believed to have occurred from the Miocene Epoch to the Pleistocene Epoch (or A water well drilled as old as 25 million years to as It is believed that these flows and possibly the recent as 1 million years). cover the Eagle Valley Evaporite Belden Formations. The Eagle Valley Evaporite consists of thin beds of gypsum and shale, and has been known to cause a number of sinkhole depressions where it is at or near the surface. For example, at a point of the property, the basalt flows dip basin possibly caused by the collapse in the underlying evaporite sequence. on the other hand, consists primarily of shales and limestone Both the Eagle Valley and the Belden Formations into of a The 1 mile to the south a topographic cavern, or caverns, Belden Formation, in this area. are Pennsylvanian in age (approximately 300 million years old). The only rock type exposed in the area is the basalt. It generally outcrops near the tops of the hills, most often on southerly facing slopes. Much of the basalt is highly vesicular, having the appearance of a sponge. The basalt flow is probably responsible for the formation of the many small hills in the area as it forms a very resistant cap on each of the hills. A layer of caliche has been formed in the soil just above the basalt. This layer of very high calcium carbonate concentrations is several feet thick, and the lower portion contains numerous boulders of basalt. Exposures of this layer show it to be a hard, white, well cemented soil layer, strongly resembling rock. Most of the soils on the property appear to be residual; that is, they are derived from the weathering of the basalt beneath them. The soil is a very calcereous, light reddish brown, silty clay, is fairly dense near the surface, and becomes increasingly more compact and cemented with increasing depth. The steeper hillsides are colluvial soils composed of basalt boulders in the reddish brown silts and clays. Some minor alluvial deposits exist in the major drainageways on the property. On the attached Soil Boring Location and Surface Geology Map, the generalized areas of residually weathered soils are identified with the symbol ntb. The colluvial and alluvial soils areas are labeled Qac. Structurally, the Hawk Ridge Subdivision lies on the southeast flank of the White River Uplift. This is a great rock arch which began to rise at the time of the Laramide period of deformation (approximately 60 million years ago), and which may still be undergoing some deformation. The WhiteRiver Uplift is characterized by many faults, both reverse (thrust) and tension (normal). Most of the uplifting predates the formation of the basalt flow; there- fore, virtually no major faults appear in the basalt. The -5- closest major fault is the Red Table Mountain Fault, approxi- mately 8 miles east of the subdivision, which has the largest displacement of any of the faults on the south flank of the White River Uplift. It is a large thrust fault with an apparent displacement of several thousand feet. The fault trends to the northeast from a point 6 miles east of Carbondale to about 6 miles south of Gypsum, at which point, it trends eastward for about 20 miles. From the standpoint of geomorphology, the land forms thatexist on the property are mainly the result of erosion. The property is located on an upland mesa capped by the extensive basalt flows in this region. The basalt was probably introduced to the area through local vents, possibly those at Buck Point, 7 miles to the north, and at a small peak 3 miles west of Buck Point. Many small, low buttes have been developed on the property through erosion by water and gravitational break-up of this basalt cap. The extensive joint system in the basalt causes it to break off at the outcrop faces into large blocks. These blocks are found in heavy concentrations below most outcrops and have been creeping down the slopes below the basalt exposures. The drainage pattern is a poorly developed dendritic type. The small gullies show no particular tendency to follow structural trends. There are no continuously flowing streams on the property, and only one intermittent stream is indicated on the USGS 7.5' Carbondale Quacitangle map. -6- This stream borders the property on the extreme north side of the site. In general, there is very little drainage develop- ment on the property. Local drainage is probably in the form of sheetflow or internal drainage through the soil. Significant stream flow apparently is restricted to periods of torrential rains and (possibly) rapid snowmelts. ENGINEERING GEOLOGY: From the standpoint of engineering geology, there are few specific areas of concern. The engin- eering features of the basalt, caliche and soil will be dis- cussed in general terms, in this report, since these materials will be encountered in developing this area. In general, the slopes in the area are moderate and appear to be relatively stable in their dry state. The few steep slopes on the property are covered with blocks of basalt and exhibit signs of rock creep. These slopes must, therefore, be considered moderately unstable and would require further investigation before the construction of any building on them. Such areas are on the north side of the site and in the south central portion. Other than those factors already mentioned, there will be no other significant stability problems on this site. The silty clay soils are not susceptible to either consolidation (settlement) or expansion (swelling). Laboratory tests, in fact, suggest that the soil is highly stable in -7- almost all respects, and that it will cause few, if any, problems with respect to the development of this site. Much of this stability is no doubt due to cementation by calcite (the "caliche"). This cementation, moreover, does not appear to diminish sub- stantially when water is added to the soil. Although the presence of the Eagle Valley Evaporite Formation beneath the basalt flows has already been noted, the thickness of the basalt cover should be more than sufficient to prevent the formation of sinkholes on this tract. The water well drilled in the northern part of the proposed subdivision encountered basalt throughout its depth of 200 feet, and the water taken from the well showed no evidence of having been in contact with gypsum. This indicates that a considerable thickness of fairly competent basalt exists between the ground level and the Eagle Valley Evaporite. While it is true that a large sinkhole, or sinkholes, has evidently caused a collapse in an area 1 mile to the south, this event is believed to have occurred before the formation of the lava flows. For this reason, no sinkholes or related phenomenon are expected in Hawk Ridge. Furthermore, there are no nearby mines or other such human enterprises which could induce a collapse. Adverse slopes exist only in a few local areas. As noted above, the steep slopes are typically talus and colluvial slopes below basalt outcrops. These slopes -8- should generally be avoided. The remainder of the site has slopes ranging from about 4% to 20%, with the bulk of these being around 10%. These slopes will generally be suited for development, although the need for careful design of structures and sewage disposal systems will increase as the 20% level is approached. There should be no serious excavation problems. The silty clay can be excavated with relative ease while the caliche layers may present difficulties for hand work (though not for power machinery). Blasting will probably be required in the basalt. As there is generally at least 4 feet of soil cover over the basalt, most excavation can be easily accomplished. Due to the possiblity of encountering rock, however, basements should be discouraged near areas of rock outcrop and where borings have encountered basalt at shallow depths. Drainage problems will not generally be serious. The site is located on a topographic high spot, and most of the storm runoff passing through the property will originate within the subdivision itself. There are, strictly speaking, no real floodplains, and all of the drainage basins are very small. The existence of irrigation ditches may complicate the situation somewhat, but flood hazards from such ditches have historically tended to be trivial. The only provision for flood control which need be taken in Hawk Ridge would require the construction and maintenance of suitable ditches and structures to properly drain storm runoff from lots and streets. It should be noted, though, that the soil on the -9- site is susceptible to erosion, as is evidenced by the condition of some of the existing ditches. These ditches should be protected from further erosion by either lining them or, the far more economical expedient of constructing certain erosion control structures at intervals to protect the bottom and sides. Similar measures should be incorporated into any ditches con- structed in the proposed subdivision. Care should also be taken to avoid stripping and leaving bare any substantial area of land, particularly on steeper slopes. In the event that erosion begins, remedial measures should be taken as soon as practical. Development of the tract will increase storm runoff and will consequently increase the potential rate of erosion, but this can be counteracted if the proper preventative and corrective measures are taken. It is not expected that groundwater will be encountered at shallow depths on this property. None was found in any of the test borings, and the climate, topography and geology are not favorable to the long-term accumulation of groundwater in the relatively thin soil layer. There are, there- fore, no particularly marshy areas in the proposed subdivision. The formation of such marshy areas after development has taken place is possible, but may be entirely prevented by the use of properly designed and constructed sewage disposal systems, water distribution systems and surface drainage improvements. In any event, the formation of marshy areas would require widespread neglect of those factors throughout the subdivision over a long period of time. The presence of caliche layers in -10- the soil indicates that groundwater evaporation is rather heavy in this soil, and that the soil is seldom, if ever, saturated. Groundwater is, of course, found on the site, but only in deep sub-artesia aquifers in the basalt. The proposed Hawk Ridge Subdivision lies in an area of slight regional seismic activity. Earth- quakes of low intensity have been felt in the vicinity in historic times, although none of these tremors is known to have had its epicenter in the immediate area of Hawk Ridge. Two centers of seismic activity may be discerned. One of these is in the White River Uplift between Glenwood Springs and Dotsero, where some very recent lava flows are found. Earthquakes of MSK (modified Mercalli) intensity V have been noted here. The other is the Aspen area, where shocks of MSK (modified Mercalli) intensity VI have been felt. According to the literature, the site lies in a region of seismicity in which earthquakes may occur at a rate of four per decade per square degree of surface area, and in which shocks may achieve a MSK intensity of VII, or a Richter magnitude of 5.0. This is considered the threshold for significantly damaging quakes. It should be emphasized that this risk is by no means limited to this site, but is regional in nature. There is no reason to believe that any unusual degree of risk is associated with this particular site. It is recommended, though, that structures be designed to withstand low magnitude earth accelerations. There is no known radiation hazard associated with the formations exposed in and near the proposed subdivision. -11- BORINGS, LABORATORY TESTS AND RESULTS: Ten (10) test borings were drilled across the property and are located approximately as shown on the attached Test Boring Location Diagram. The test borings were placed in such a manner as to obtain a reasonably good profile of the subsurface soils. All test borings were drilled with a power -driven, continuous auger drill. Samples were taken with a standard split -spoon sampler and by bulk methods. The precise gradational and plastic- ity characteristics associated with the soils encountered during drilling can be found on the attached summary sheets. The representative number for each soil group is indicated in a small circle immediately below the sampling point on the Drilling Logs. The following discussion of the soil groups will be general in nature. The soils profile found on this site can be broadly described as a two layer system. The upper 3 to 20 feet of the profile was found to be moderate to high density silty clays of colluvial, alluvial and residually weathered origins. Beneath this surface layer, the soils were found to consist of dense residually weathered silts with isolated areas of basaltic boulders and cobbles in many areas. At some locations, the surface layer was underlain by formational basalt bedrock. Soil Type No. 2 classified as a silty clay (CL) of fine grain size. Soil Type No. 2 is plastic -12- and generally of moderate moisture content and of moderate to high density. These soils have a mild tendency to expand upon the addition of moisture with swell pressures on the order of 875 psf being considered typical. While this magni- tude of expansion should not be sufficient to affect the heavy structural members of the building, it can cause some move- ment beneath light structural members and floor slabs on grade. These soils will have a low to moderate tendency to long-term consolidation under applied foundation pressures. .However, if the allowable bearing values given are not exceeded, we feel that differential movement would be tolerable. This soil group was found to have an allowable bearing value on the order of 3000 to 5000 psf maximum. In order to resist the possible swell after construction on dense, low moisture soils of this type, a minimum footing contact pressure of 1000 psf will be required. Soil Type No. 1 classified as silty clay (ML -CL), similar to Soil Type No. 2 previously described. However, this soil group is of somewhat coarser composition, including appreciable medium to coarse sand content. The expansion and settlement characteristics of this soil group will be nearly identical to those previously described for Soil Type No. 2. Due to its coarser composition, the potential expansion of this soil group will be somewhat less than that of the Type No. 2 soils. Allowable bearing values on the order of 3000 to 5000 psf maximum and 500 psf_'minimum would be associated with this soil group. -13- Soil Type No. 3 classified as a silt (ML) of fine grain size. Generally, this material was found to be of low plasticity, to high density. This soil low permeability and of moderate type has very little tendency to expand upon the addition of moisture and this only near ground surface. It will have a slight tendency to settlement and long-term consolidation upon application of foundation loads. These soils will have a slight tendency to long-term consoli- dation under applied foundation pressures. However, if the allow- able bearing values given are not exceeded, we feel that differ- ential movement would be tolerable. This soil group was found to have an allowable bearing value on the order of 5000 psf maximum. No free water was encountered in any of the test borings to the depths drilled on this site. True free water should be fairly deep in this area, and hence, should not affect construction. However, the nature of the foundation of perched (snowmelt) foundation temporary, soils in the area is such that the formation of areas water is quite possible particularly during wetter seasons. If these wet areas are encountered during excavation, some pumping is possible. This is a quick condition caused by vibration of the equipment on the site. If this should occur, it can be stopped by removal of the equipment and greater care taken in the excavation process. If this does not stop the pumping, properly placed coarse rock should be worked into the soil or properly designed -14- geotechnical fabric could be applied to the earth face. The foundation could also be redesigned based upon lower bearing values if large amounts of seepage are encountered. It is emphasized that minor pumping is a temporary, quick condition and should not affect the structure after it is completed. In addition to the "perched" water that can develop due to generally wet (snowmelt) seasonal con- ditions, seepage as a result of heavy runoff or due to irrigation by homeowners can also occur. Therefore, it is recommended that a subsurface peripheral drain system be provided for each structure. -15- CONCLUSIONS AND RECOMMENDATIONS: Since the exact magnitude and nature of the foundation loads are not precisely known at the present time, the following recommendations must be somewhat general in nature. Any special loads or unusual design conditions should be reported to Lincoln-DeVore so that changes in these recommendationsmay be made, if necessary. However, based upon our analysis of the soil conditions and project characteristics previously outlined, the following recommendations are made. In general, the soils found across the subdivision will form a reasonably good base for the proposed residential structures. Silty clays and sandy silty clays were encountered at or near the present ground surface in the region of the majority of the test borings drilled. The foundation configuration which can be used on the mildly expansive clays will depend upon the magnitude of foundation loads exerted by the residential units as well as the exact degree of expansion anticipated from the soils. Several foundation types are acceptable for use on these clays. The foundation configura- tions would include, but are not limited to: 1) The first option would consist of the engineered no footing design, with the stem wall resting directly on the ground surface. The judicious use of voids would be employed to balance the structure and to increase the contact stresses beneath any very light walls. For most moder- ately loaded foundation systems, this voided stem wall design would probably prove satisfactory considering the magnitude of expansion pressures encountered across the subdivision, and the.anti- cipated foundation loads for these single family dwelling units. We would anticipate that the majority -16- of the foundation systems used on the clays across the subdivision will fall into this category. 2) The second general foundation type would consist of the conventional shallow foundation system. This system uses continuous spread footings to support load-bearing walls and pad footings of square or rectangular shape at points of concentrated loads such as columns. Conventional shallow foundations would be appropriate for areas of residential buildings where multiple -story, brick veneer or masonry construction result in slightly heavier loads than would be associated with the "no footing" foundation system (Option 1, above). 3) The third foundation configuration would essentially be a combination of one of the preceding alternatives in conjunction with an overexcavated, compacted, granular pad. The depth of overexcavation would be related to the expansion potential of the clays as well as the nature of the residential units. Typical depths of overexcavation should range from about 2 to 4 feet. After overexcavation, a compacted granular pad using non -expansive, non -free draining soils could be constructed, maintaining a minimum of 95% of the soil's modified. maximum Proctor dry density, ASTM D-698. This compacted pad would be used to "buffer" the possible effects of the more expansive soils under very lightly loaded buildings rather than entirely overcome any swell. A designed foundation system, similar to one of the preceding alternatives, would then be constructed on top of granular pad. Frequent density tests would be required during pad construction to ensure that an adequate density level is being maintained. This option would also be used if any areas of uncontrolled fill are encountered during the excavation process. For preliminary or presumptive foundation design purposes, we recommend using allowable bearing pressures of 3000 psf maximum and 1000 psf minimum as overall site averages. The validity of such preliminary design must be verified on a site specific basis. For single family structures, this could consist of tests and observations of the soils exposed in open foundation excavations. However, -17- for any special purpose or unusually heavy weight structures, a soils investigation including a full program of drilling and laboratory testing could be necessary. Such an investi- gation would be imperative for the water storage tank and should be undertaken as soon as effective site access can be provided. Where a shallow foundation system is used, we would recommend that the contact stresses be balanced beneath the foundation components. Most buildings are invari- ably more heavily loaded on some walls and columns than on others. The amount of this variation may tend to be quite high. We would recommend that the size of the foundation component be varied in direct relationship to the actual load being carried, thus maintaining approximately the same pressure on the soil stresses +300 psf interior at all points. We would recommend that the contact beneath the load bearing walls be balanced to within at all points beneath the foundation wall. Isolated column pads should be designed for pressures of about 150 psf more than the average of the pressures beneath the load bearing walls. To help ensure that the structure moves more or less as a single unit rather than in a differ- ential manner, we would recommend that all stem walls be supported by a grade beam capable of spanning at least 12 feet. This grade beam would apply .to both interior and exterior load bearing walls. Such a grade beam should be -18- horizontally reinforced continuously around the structure with no gaps or breaks in reinforcing steel unless they are specially designed. Beams should be reinforced at both the top and the bottom with the major reinforcement being at the top. All interior bearing walls should rest on a grade beam and foundation system of their own and should not be allowed to rest on a thickened slab section or "shovel" footing. Where the stem walls are relatively shallow, vertical reinforcing will probably not be necessary. However, where the walls retain soil in excess of about 5 feet in height, vertical reinforcing may be necessary to resist the active pressure of the soils along the wall exterior. To aid in designing such vertical reinforcing, the following equivalent fluid pressures can be utilized: 35 pcf for well -draining granular (offsite borrow) backfill 45 pcf for backfill using suitable onsite borrow (excavation spoils) It should be noted that the above values should be modified to take into account any surcharge loads applied at the top of the walls as a result of stored goods, live loads on the floor, machinery, or any other exter- nally applied forces. The above equivalent fluid pressures should also be modified for the effects of any free water table. The bottom of all foundation com- ponents should rest a minimum of 3 feet below finished grade or as required by the local building codes. Foundation com- ponents must not be placed on frozen soils. -19- constructed to act independently of the other structural porLiolb of the building. These floor slabs should contain deep con- struction or contraction joints to facilitate even breakage and to help minimize any unsightly cracking which could result from differential movement. Floor slabs on grade should be placed in sections no greater than 25 feet on a side. Prior to constructing slabs on grade, all existing topsoil and organics must be removed from the building interior. Likewise, all foundations must penetrate the topsoil laver. Where floor slabs are used, they may be placed directly on grade or over a compacted gravel blanket of 4 to 6 inches in thickness. Under no circumstances should this gravel pad be allowed to act as a water trap beneath the floor slab. A vapor barrier is recommended beneath any and all floor slabs on grade which will lie below the finished exterior ground surface. All fill placed beneath the interior floor slabs must be compacted to at least 90% of its maximum Proctor dry density, ASTM D-698. Any interior, non -load bearing par- titions which will be constructed to rest on the floor slab should be constructed with a minimum space of 11/2 inches at either the top or 5ottom of the wall. The bottom of the wall would be the preferred location f()r this space. This space will allow for any future potential expansion of the subgrade soils and will prevent damage to the wall and/or roof section above which could be caused by this movement. -20- Adequate drainage must be provided in the foundation area both during and after construction to prevent the ponding of water. The ground surface around the building should be graded so that surface water will be carried quickly away from the structure. The minimum gradient within 10 feet of the building will depend upon surface landscaping. Bare or paved areas should maintain a minimum gradient of 2%, while landscaped areas should maintain a minimum gradient of 5%. Roof drains must be carried across all backfilled areas and discharged well away from the structure. The existing drainage in the area must either be maintained or improved. Water should be drained away from the structures as rapidly as possible and should not be allowed to stand or pond in the area of the buildings. The surface drainage across the entire property must be carefully controlled to prevent infiltration and saturation of the foun- dation soils. All backfill around the buildings should be compacted to a minimum of 90% of its maximum Proctor dry density, ASTM D-698. Roof drains must be carried across all backfilled regions and discharged well away from the structure. Final grading after completion of the backfill operation should be such that natural drainage, existing prior to the construction be disturbed as, little as possible. In particular, the drainage should not be such that water is channeled along the newly filled area which would result in accelerated erosion and damage in the backfill. A -21- vegetative cover should be established as soon as possible in the backfilled area to minimize erosion in general. In addition, it could be necessary to build earthfill and/or concrete control structures along the steeper sloped sides of ravines and, generally, in areas subject to more extensive erosion. A review of the site surface topography and con- ditions to identify areas that may require such additional erosion -control measures should be undertaken after the snow has melted off, when the ground surface will be visible. A subsurface peripheral drain, including an adequate gravel collector, sand filter and per- forated drain pipe, should be constructed around the outside of the building at foundation level. Dry wells should not be used anywhere on this site. The discharge pipe should be given a free gravity outlet to the ground surface. If "day- light" is not available, a sealed sump and pump should be used. At this time, slopes on the site appear to be generally stable and no major problems are antici- pated. Some steeper sloped areas could be problem areas if structures are notched into hillsides. If buildings are to be sited on areas of slopes exceeding about 20%, the plans, topo- graphy and soil conditions should be evaluated on a site specific basis to determine the extent, if any, to which the construction will affect the slope stability. ome, but not major difficulties are anticipated in the course of excavating into the surficial -22- site soils that consist of moderate to high density silty clays. Occasional basalt boulders could be encountered that would require extra effort to remove. As mentioned earlier, excavations that must extend into basalt hedrock will most likely require blasting to facilitate digging. Because pockets or seams of more granular structure within the surficial soils can result in sloughing from the sides of deeper excavations, it is possible that some safety provisions such as the sloping or bracing of the sides of excavation over 5 feet deep could be necessary. Any such safety provisions should conform to reason- able industry safety practices and applicable OSHA regulations. The soils on this site were found to contain sulfates in detrimental quantities. Therefore, a Type II Cement would be recommended in all concrete in contact with the soil. Under no circumstances should calcium chloride ever be added to a Type II Cement. In the event that Type II Cement is difficult to obtain, a Type I Cement may be used, but only if it is protected from the soils by an impermeable membrane. The open foundation excavation must be inspected prior to the placing of forms and pouring of concrete to establish that adequate design bearing materials have been reached and that no debris, soft spots or areas of unusually low density are located within the foundation region. All fill placed below the foundations must be fully controlled and tested to ensure that adenuate densification has occurred. -23- It is extremely important due to the nature of data obtained by the random sampling of such a heterogeneous material as soil that we be informed of any changes in the subsurface conditions observed during construc- tions from those outlined in the body of this report. Construc- tion personnel should be made familiar with the contents of this report and instructed to relate any differences immediately if encountered. It is believed that all pertinent points concerning the subsurface soils on this site have been covered in this report. If questions arise or further infor- mation is required, please feel free to contact Lincoln-DeVore at any time. 6636 Gravel 4 a71 .17 los 1 /r Spring ... • 1-%c w�c �.rcr ,f3 77,". - �ra(„� SugD�v Sion. - C<IRtQaiQ,afa_ oto. k N LINCOLN �7DeVORE ENGINEERS• GEOLOGISTS 6405 �'• •xeRT ScAL+s ' LATL 42 / 7¢ GS COLORADO: COLORADO SPRINGS="} <¢ PUEBLO, GLENWOOD SPRINGS',-'' GRAND JUNCTION , MONTROSE' WYOMING: ROCK SPRINGS SOILS DESCRIPTIONS: SYMBOL USCS DESCRIPTION ROCK DESCRIPTIONS: SYMBOL DESCRIPTION SYMBOLS & NOTES, SYMBOL DESCRIPTION Free •water 9/12 Standard penetration drive Numbers indicate 9 biows to drive the spoon 12" into ground. ST 2-1/2" Shelby thin wall sample Wo Natural Moisture Content WxWeathered Material Free water table X� Topsoil :o :64 :i "°,• SEPI (:NTARY R.9_11U CONGLOMERATE or-- -x' o: Man-made Fill ONE ,ANUST 0.0 0:o 0:0 o:o coo. O'.O: o:o: ae GW Well-graded Gravel i I - -:-7-'---r7,SILTSTONE _ c., 0000 0000- ocoa 0000 f GP Poorly-graded Gravel 1==---_, SHALE __--_ o °° o 0 0 ° GM Silty Gravel x x x I x x x i CLAYSTONE 0O /0.00 oo 0 GC Clayey Gravel • SW Well-graded Sand t A • , I I 1 I-L COAT LIMESTONE I5' ° Y Natural dry density T.B.-Disturbed Bulk Sample ® Soil type related to samples yP P in report Top of formation 1.. 1. SP Poorly-graded Sand y g -7-2-` =..Z_ DOLOMITE 11 I I 1 1 SM Silty Sand 1 L _L_ 1--- MARLSTONE // r� r, //, SC Clayey Sand VD- ;1 GYPSUM ML Low-plasticity Silt -- .� -.= Other Sedimentary Rocks CL Low-plasticity Clay i.•\�• li /\ \' /..:2_. IGNEOUS ROCKS GRANITIC ROCKS Form F - Standard by driving sampler 140 lb. des. Samples spoon samples. The boring at the not warranted of subsurface and times. Test Boring Location Nest Pit Location Seismic or Resistivity Station. Lineation indicates approx. length a orientation of spread (S= Seismic , R= Resistivity ) Penetration Drives are made a standard i.4" split spoon into the ground by dropping a weight 30". ASTM test D--1586- may be bulk, standard split (Ibothndh disturbed) bed" )r 2-1/2 1.DD. y tube See log for type. lags show subsurface conditions dates and locations shown ,and it is that they are representative conditions at other locations OL Low-plasticity Organic +'+ DIORITIC ROCKS Silt and Clay MH High-plasticity Silt -�--; .,,,,:. .li. c',..-,. GABHRO �/ CH High plasticity Clay^- , - - R'iYOI_.I TE -/- ? 7_ OH High-plasticity Organic Clay 4.,__.,,,_ ANDESITE -u{ Pt Peat BASALT o° n ° GW/GM Well- graded Gravel, Silty , JaP1. �� TUFF & ASH FLOWS a/° 6 0 ° 0 0 GW/GCWell-graded Gravel, 0 Clayey :,;;;'• .° ;.' BRECCIA t3 Olher Volcanics .�,•_o: O °°0 OIoJO{$o o GP/GM Poorly- graded Gravel, SIIty r ^, c � , i Other Igneous Rocks !,METAMORPHIC 0000 ,',1.,),(r, ROCKS o v ° GP/GC Poorly-graded Gravel, ° Clayey � fr GNEISS '- �� 0 • 0 ° ° r 0 • ` GM/GC Silty Gravel, Clayey Y Y ? / ='i SCHIST ' " ° °• • ° GC/GM Clayey Gravel, Silt S PHYL LiTE Y SW/SM Well- graded Sand, SiltyAi WAS 1, SLATE '•% SW/SC Well-graded Sand, Clayey :4 .. METAQUARTZITE III 1 1 SP/SM Poorly-graded Sand, .a.,:>. MARBLE 1 li 1 i i Siltyjt)—T <>0 0 r SP/SC Poorly- graded Sand, Clayey �`7�HORNFELS I III SM/SC Silty Sand, Clayey t l ;G J SERPENTINE • • SC/SM Clayey Sand, Silty Other Metamorphic Rocks ~ CL/ML Silty Clay DLINCOLN 'IESTING STING COLORADO Colorado Springs, Pueblo, Glenwood Springs, Montrose, Gunnison, EXPLANATION OF BOREHOLE LOGS AND LOCATION DIAGRAMS LABORATORY Grand Junction.- WYO.-Rock Springs TEST HOLE NO. TOP ELEVATION 5 -10 -I5 -20 =25 '30 1— w w 11. '35 •40 -t- a -w 0 T ..s ti 7-0P5 /1_ Cc oY ✓. 5AN?y .2* - c'i,Ci�N/ STIFF �C L /cNd 004-46 CL/ s/. TV c z AY, TR SAA/D/ 7/2 6,2.41.11, ,r30- 8 !�/, ✓. 5,/FF ro NA.PI> ZG/it =I7.9/ 63, 50/1 w.=45% CL, 5 /a 7Y 6L4Y-C/L,C/{yj t 5� 15 0 H 25H J 30H J 7 35--+ 40H DRILLING LOGS LINCOLN DeVORE ENGINEERS• GEOLOGISTS COLORADO: CQLORADO SPRINGS, PUEBLO , GLENWOOD SPRINGS , GRANO JUNCTION , MONTROSiE , � - WYOMING: ROCK SPRINGS - TEST HOLE No. TOP ELEVATION 3 CL, s/. TY CLAY //E' .5.02 A/D, .<EA- B.2o1.,v . 6-AL/CNE) -5.4 /3 / o N BASAP 4r '8liz r4.4/. 3571z I07/ 1. TOW T/-so/z_ x CL, s/[.TY L.4Y 7i? Sol ',IC), .e'0o Rr u SA[- ©/L oN -a4.5.44r 3021c p E2S - SeVS :,72.1/ D i i rt r 6 � JT DRILLING LOGS LINCOLN 11)DeVORE ENGINEERS• GEOLOGISTS COLORADO: COLORADO SPRINGS, PUEBLO , GLENWOOD SPRINGS , GRAND JUNCTION , MONTROSE , WYOMING: ROCK SPRINGS GMOIMMINNEIM011 111. TEST HOLE No. TOP ELEVATION .5 -10 15 20 25 30 t - w w LL 35 z 40 t— a w 0 -r- 41111.6. / GL, S' Y G [-AV; Tie SAND, To 5 r./a)- '5,aA-, , Z'd - Sai - SA M1. %O /."S O/G. 3°/11 wp R•57 wov'3.7% -SA,1 v. b GU St 5-041 14.47. 0 s%• e , /0.7 S0/g 19.0/ 4z/1z .CaFUSAL Big on/ a 4 Sd z i .1111.110 .100 5 10 15 20 25 30- 35 DRILLING LOGS LINCOLN DeVORE ENGINEERS' GEOLOGISTS COLORADO: COLORADO SPRINGS, PUEBLO , GLENWOOD SPRINGS , GRAND JUNCTION , MONTROSE WYOM'NG: ROCK SPRINGS TEST HOLE No. TOP ELEVATION -5 10 15 20 25 30 w 35 z 40 x F- a w Q 00, 7 ,s/z 41, =/7,8/ 3566 w,= Z3.4/ sz/z =r�.3/ L, st -7Y CLAY TiC SANG l'iV - - 2,¢N sTiF� P'dFri£4L 0vuc DN,¢s T DRILLING LOGS LINCOLN DeVORE ENGINEERS• GEOLOGISTS Za/rz -" v' zz.9 I0 15 20 25-1 30 35-1 r 40— COLORADO: COLORADO SPRINGS, PUEBLO , GLENWOOD SPRINGS , GRAND JUNCTION , MONTROS' , WYOMING: ROCK SPRINGS 1 TEST HOLE NO. TOP ELEVATION 5 10 15 20 25 30 1- w La 35 z 40 x 1— a w 0 i 0,-":5‘) /G 5 /L. ry C4-4 Y TR 5,4 A/6 Zr U .8' cAJ, 5T/ ze`hz ab=13.8/ z.5 -//z o=18.1,, id CLI 5 /z.. TY Li9Y JCC 5 7/r -F .k S1 -lf -r ZZ//2 °b- IS..7/ zz/rz w,25.o1 z-BAZ cV c 17.4 Y - r 36/72 — uo=r�,.B/ d + I0 15 20- 25— If 35-1 40— H 1 DRILLING LOGS LINCOLN DeVORE ENGINEERS• GEOLOGISTS COLORADO: COLORADO SPRINGS PUEBLO , GLENWOOD SPRINGS , GRAND JUNCTION , MONTROSE , WYOMING ROCK SPRINGS 1 Soil Sample /11-- SUMMARY SHEET Test No . 42/74 GS Location /7/4,,,,e/e.964- Si.,.. -- L4R.60,a/LApLE) Co,.o. Date / -7 -8/ Boring No. Depth Sample No. / Test by i nH Natural Water Content (w) 0/0 In Place Densi. ty (To) pcf Specific Gravity (Gs) SIEVE ANALYSIS: Sieve No. % Passing 1 1/2" Plastic Limit P L % Liquid Limit L. L. % Plasticity Index P.I. % 11.! Shrinkage Limit % 3/4" Flow Index 1/2" Shrinkage Ratio % 4 9 7 4 Volumetric Change % 10 9/.5 Lineal Shrinkage % 20 84.7 MOISTURE DENSITY: ASTM METHOD Optimum Moisture Content - w9._____2/0 Maximum Dry Density -Td pcf 40 79/ 100 9e3 200 IoU.B HYDROMETER ANALYSIS: Grain size (mm) % California Bearing Ratio (av) % Swell- Days % Swell against psf Wo gain BEARING: Housel Penetrometer (av) psf 0 oz 44.3 0 •ooS z�"� Unconfined Compression (qu) psf Plate Bearing• psf Inches Settlement Consolidation % under psf PERMEABILITY: K (at 20°C) Void Ratio Sulfates ppm. SOIL ANALYSIS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO SUMMARY SHEET Soil Sample GL Test No. 42/ 7445 Location iw/, - ) e -v• Date /- -,2 Boring No. Depth Sample No. 2 Test by 7-2),' Natural Water Content (w) % Specific Gravity (Gs) In Place Density (To) pcf SIEVE ANALYSIS: Sieve No. % Passing 1 1/2" 1" 3/4" 1/211 4 20 9fs 40 99 0 100 97 7 200 9zs HYDROMETER ANALYSIS: Grain size (mm) O •065- 33.7 Plastic Limit P L z/•S % Liquid Limit L. L. X5.3 % Plasticity Index P.I. /343 % Shrinkage Limit % How Index Shrinkage Ratio % Volumetric Change Lineal Shrinkage MOISTURE DENSITY: ASTM METHOD Optimum Moisture Content - w° 0/0 Maximum Dry Density -Td pcf California Bearing Ratio (av) Swell- Days Swell against a?s psf Wo gain /2.z% BEARING: Housel Penetrometer (av) psf Unconfined Compression (qu) psf Plate Bearing• psf Inches Settlement Consolidation % under psf PERMEABILITY: K (at 20°C) Void Ratio Sulfates SOIL ANALYSIS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO LDV -09 MOinf 1/. 9 Soil Sample Ath SUMMARY SHEET Test No. 42/74 GS Location i/-44,t- 2.9 S4,8 - C..9,eao,./.›.,...c Co.,.o . Date 7- 7-8/ Boring No. Depth Sample No. 3 rI'es t by T:.y Natural Water Content (w) Place Dens t‘,- (To) pcf Specific Gravity (Gs) In SIEVE ANALYSIS: Sieve No. % Passing 1 Plastic Limit P L % Liquid Limit L. L. % Plasticity Index P.I. % „1/2 Shrinkage Limit 3/495:7 Flow Index 1 2" �S' /Shrinkage Ratio 4 13..5-Volumetric Change % 10 925 Lineal Shrinkage 20 B4.7 MOISTURE DENSITY: ASTM METHOD Optimum Moisture Content - w° 40 ,e,2.s" 100 7s9 200 ‘6.z HYDROMETER ANALYSIS: Grain size (mm) % Maxi mum Dry Density -Td pcf California Bearing Ratio (av) Swe I I • Days Swell against psf Wo gain.__% BEARING: Housel Penetrometer (av) psf e".0,2 3G. 3 d •oo-s- /43 Unconfined Compression (qu) psf Plate Bearing• psf Inches Settlement Consolidation % under psf PERMEABILITY: K (at 20°C) Void Ratio Sulfates ppm. SOIL ANALYSIS • i nu_na LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO a P N f,) , v cc u 11-14 [� \\\ LAO — OP 7.0 INA.L1_ LE'NE Ft BEN/6--ATN DL' -AIN / // SA,.ID FILTER r e.AVCL r_or_,_rEcraz AS SHOWN. NATIVE.' EE'AfZTH BACI.I=,LL 7 54.40 FILTER C1 eAVE,- GOL&.E .roF. / // ///// ///%%,3/i Mint. 4.5'AWAYFW{ A)*LL. DEPTH ✓.KID'S AzowvD B✓,LD,N(. SPREAD FoorlA1 FLooe N 3,4 ozL"nErr PI PE. rY PE M,N. 4S"AwAy ..oma 00 0 0'c7 FLoOr n 0 000•``- 0Oel 00 .0 a oo`. FROM WALL. 145 OEPTN VA12,E"S t1/44)m.2". G reADE 0 31,4 u L EAM T'YPP F/LTs,e FRBRIC MAY BE ANy rvr'6) I.g-tFLA,Z T'o CELA.)ES6 Co¢.P, M//LAF/ /40„ MIN. 45°Aw�, F20J., WALL . DEPTH VA RIE 5 FLO0R. 0 000 OOIt9 0 0 0 Co O a 0 45 ao, b Al2.o041;.• ESD, LD,N/.a, Mill. 2". LF��TE,2 Ffiti Etc. P O 0 00 O 0 p O v d W_. 31 oa `h"PEYC fl O V d P,PE- C?ILADG F��,-YCTNY tt_Ma F41_44-A&c.v.& t1 B E:LOW p2AIN. MIN. 45 'A wAy ream WALL. Demi VARIES AROVND guts -DIN (b. M,N_V' \\\ MO.." 6000 O es 15 0 O 0 t1 e0O-o 45 F/LTE.E FAB,2 C. GRAVEL C O LL EGTOIL Jco T JNi 3,4oR4"1"Elec. P,PA Fis.TEz FASzic AtrazNArt uNDE,e -5 LA 8 , r /v r05,e rofr_ rvPE NOTES: .Size of perforated pipe sand filter varies with amount of seepage expected. 4" diameter is most common. .Gravel size depends on size of pipe perforations: 85% gravel> 2 x diameter of perforation. .Sand filter must depend on native soil and iriusL follow the Terzaghi-Vicksburg Criteria: 1) 15o filter 2) 15% filter 3) 50% filter = y, 150 base 35% base 50% base - 12 to 58 This is required for stability and length of filter. life. The sand filter may be replaced with an approved filter fabric. .All pipe to be perforated VCP, PVC or Orangeburg. .4" flexible pipe may be used to depth of 42 feet, but must be carefully graded 3" flexiblE pipe may be used to a depth of 7 feet and should be carefully graded. .Rigid pipe only to be used below a depth of 7 feet below ground surface. .A11 pipe to be laid at a minimum grade of 1.4%, around. building foundations. .Outfall to be free, gravity outfall if at all possible. Use sump and pump only if no gravity outfall exists. .Conditions can vary considerably, and each site may be variable as to quality of sand or gravel required. All sites should be inspected to determine the amount and quality of sand filter required, unless a filter fabric installation is used as shown. TYPICAL SECTIONS PERIMETER DRAIN & FRENCH DRAIN LINCOLN )DeVORE ENGINEERS. GEOLOGISTS COLORADO: COLORADO SPRINGS, PUEBLO, GLENWOOD SPRINGS, GRAND JUNCTION , MONTROSE , WYOMING: ROCK SPRINGS Lincoln DeVore 1441 Motor Grand Junction, Colo 81501 (303) 242-8968 H. P. Hansen 278 Garfield Carbondale, CO 81623 January 27, 1982 Re: File No. 42174GS Percolation Tests sand Rates Hawk Ridge Subdivision Garfield County, Colorado Gentlemen: J 4444/ ty �P 17 1' ifV It has been brought to our attention that information regarding percolation tests and rates for the above referenced project was left out of our Subsurface Soils Investigation Report No. 42174GS (January 14, 1982) by mistake. This letter is a summary of our site observations and recommendations for water percolation and sanitary waste disposal systems. With reference to the boring location diagram in the original report, one -hole percolation tests were attempted at each soil boring location. Each hole was filled nearly to the ground surface with water to presoak the soils in accordance with accepted practices. After. 24 hours, there were no significant losses of the presoaking water. Noting that the site soils are predominantly silty clays and clayey silts overlying basalt bedrock, all of which are typically very low permeability deposits, it is our opinion that percolation rates will far exceed any reasonahle allowable rate for conventional septic tank and leach field systems (i.e., much greater than the 60 min./inch limit). It must be recommended that evapo-transpiratory systems be used for individual sewage disposal systems. Such systems must be engineered for the evaporation and transpiration moisture loss rates that can normallyte expected in the area of the site. Alternatively, since the number of single family residency lots is known, it is technically feasible to provide a central sanitary system using a package biological treatment plant and appropriate. effluent water disposal, thereby restric- ting the sewage disposal area to one part of this property rather than distributing small individual systems across the entire property. We recommend that an engineer experienced in the design of individual and central sewage systems, and with specific knowledge of local evapo-transpiration character- istics, be consulted with regard to developing appropriate disposal systems for this property. lorado Springs, Colorado Pueblo, Colorado Grand Junction, Colorado Glenwood Springs, Colorado Evanston,Wyoming H. P. Hansen Percolation Tests and Rates Hawk Ridge Subdivision Garfield County, Colorado January 27, 1982 Page - 2 - If questions should arise concerning this letter, please feel free to contact this office at your convenience. Respectfully submitted, LINCOLN-DeVORE TESTING LABORATORY, INC. By: GMK/jb ary M.'Krzisnik, P.E. Senior Engineer Section 6 BRIEF DESCRIPTION OF PROPOSED COVENANTS BRIEF DESCRIPTION OF PROPOSED COVENANTS It is proposed that a strict set of covenants will be prepared for the de— velopment. The exact form of the covenants will be prepared prior to the submission of the Final Plat. Areas which will be addressed specifically include: 1. Number and Type of Livestock Allowable 2. House Size and Location 3. Allowable Lot Usages 4. Irrigation Rights 5. Animal Control 6. Central Water System 7. Sewage Disposal 8. Temporary Structures 9. Architectural Controls 10. Landscaping 11. Game Management 12. Fencing 13. Firearms 14. Motorized Vehicles 15. Driveways 16. Solar Use 17. Sounds and Smells 18. Variances 19. Enforcement C & M Ditch Company c/o Mr. Oscar Cerise 0281 105 Road Carbondale, CO 81623 Re: Proposed Hawk Ridge Subdivision Dear Mr. Cerise: r=== PONDEROSA ENGINEERING, INC. CONSULTING ENGINEERS REGISTERED LAND SURVEYORS March 2,1982 Enclosed for your review is a copy of the Hawk Ridge Subdivision. Prei inary Plan and Drainae Plan which has recently been submitted to Garfield County for review. Please note that the C & M Ditch and a lateral of the C & M cross through the proposed development. We are proposing 20 foot ditch easements on both of these ditches. An 18" vert prOpOed wher the lateral crosses Orcnard Lane. it is anticipated that the Public hearing for this development will be held April 12, 1982. Any questions or comments you may have with regard to the above would be appreciated before this date. xc. Mr. II. P. Hanson Mr. Davis Favor Mr. Clifford Cerise 1512 GRAND AVENUE, SUITE 220 GLENWOOD SPRINGS, COLORADO 81601 Sincerely , • R:i.ck Kinshella Ponderosa Engineering (303) 945-6596 GDM/bwa cc: Mr. Bruce Phillips, Attorney -Grand Junction Mr. Gene Dom-Lincoln-DeVore-Grand Junction Glenwood Springs, Colorado Evanston, Wyo Lincoln DeVore 1000 West Fillmore St, Colorado Springs, Colorado 80907 (303) 632-3593 Home Office Garfield County Planning Director 2014 Blake Ave. Glenwood Springs, CO 81601 Re: Hawk Ridge Subdivision r DTL Report 42174 GS & Letter of 1-27-82 April 20, 1983 Gentlemen: hs a part of our geology and preliminary subsurface soils investigation for Hawk Ridge Subdivision in Garfield Co several state for preliminary percolation tests were performed as requiredy by the reports. The results of these percolation tests were reported in Lincoln-DeVore addendum letter of 1-27-82. Indications from these preliminary tests were such that subsurface leaching er believed to be undesirable. Jul 1982, Ponderosa Engineering of Glenwood Springs performed pering Y► percolation tests on the site of Hawk Ridge Subdlrcolation rates were in several selected areas. Areas were foundch sfor hpe field reported to meet health department standn ards construction. Therefore, we respectfully request that the Lincoln-DeVore addendum letter dated January 22, 1982, concerning percolation rates, be removed from the county subdivision file and discarded. The July 26, 1982 report by Ponderosa Engineering concerning the same subject could be substituted in the county subdivision file, assuming that this is agreeable with Ponderosa and the owner. Please notify us when this withdrawal of the letter addendum is made. Respectfully submitted, LINCOLN-DeVORE TESTING LABORATORY, INC' By: g President rr Colorado Springs, Colorado Pueblo, Colorado Grand Junction, Colorado RICHARD D. LAMM GOVERNOR March 15, 1982 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE (303) 866-2611 Davis S. Farrar, Planner Garfield County Planning Dept. 2014 Blake Ave. Glenwood Springs, CO 81601 Dear Davis: E .. MAR 1 7 1982 4/04kku 414 1.i' rthiiito W. ROLD ECTOR RE: HAWK RIDGE SUBDIVISION The preliminary geologic and soils report prepared by Lincoln-Devore provides an excellent description and discussion of geologic factors which will affect development of this site. All recommendations made in this report should be closely followed by the developer. We would like to emphasize the following recommendations: 1. Evapo-transpiration systems or a central sanitary system, designed by a qualified engineer, should be used for sewage disposal on this property due to the geologic conditions outlined in the Lincoln-Devore Report. 2. Steeper talus and colluvial slopes below basalt outcrops should generally be avoided as home sites. Any structures proposed for slopes exceeding 20% should be evaluated on a site specific basis for slope stability and rockfall/creep hazard. 3. Site specific soils and foundation investigations should be conducted for the proposed storage tank and home construction sites. If these and all recommendations contained in the engineering geologic report are closely followed, we have no objections to this application. Sincerely, Bruce K. Stover Engineering Geologist It cc: LUC GEOLOGY STORY OF THE PAST ... KEY TO THE FUTURE 010 1 GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE PHONE 945-2339 T0: Davis S. Farrar Garfield County Planning Department FROM: Terry L. Howard Garfield County Environmental Health Department DATE: March 1, 1982 RE: Hawk Ridge Subdivision I have reviewed the preliminary plan for the Hawk Ridge Sub- division and recommend approval. It is apparent from the plan that the lots will probably require engineered systems based on the very slow percolation rate of the soil. Evapotranspira- tion systems would probably be employed and in the given situation, the environmental risk is minimal. The lots are appropriately large for on-site sewage disposal and the water supply appears to be adequate and of good quality. RICHARD D. LAMM Governor • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 March 30, 1982 Mr. Davis Farrar Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81602 Re: Hawk Ridge Subdivision Dear Mr. Farrar: JERIS A. DANIELSON State Engineer We have received additional information from Loyal E. Leavenworth concern- ing the proposed Hawk Ridge Subdivision. Mr. Leavenworth indicates the applicants have filed to amend their plan for augmentation and that the new case number is 82CW45. The application sent to the Water Court indicates the applicants are negotiating to purchase the additional water required to make the plan operational. The plan would augment three community wells. The proposed modifications to the augmentation plan would compensate for the consumptive use of evapotranspiration disposal systems, horses drinking water, and 1000 square feet of lawn and garden irrigation during the historic irrigation season only (May through October). During the months of November through April, the wells would operate with the junior priority dates assigned in cases 80CW552 and 1430 in Division 5. Based on the information provided, we have no objection to this proposal. The lot purchasers should be made aware that they may need to augment winter use at some future date. HDS/KCK:mvf cc: Lee Enewold, Div. Eng. Land Use Commission Sincerely, Hal D. Simpson, P.E. Assistant State Engineer LOYAL E. LEAVENWORTH KEVIN L. PATRICK JAMES S. LOCHHEAD BRUCE D. RAY i 1 LEAVENWORTH, PATRICK & LOCHHEAD, P. C. ATTORNEYS AT LAW May 10, 1982 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (303) 945-2261 Mr. Davis Farrar Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Hawkridge Development Preliminary Plan Dear Davis: , MAY 1 1 1982 �]�iItfIL.Lt1 l,1). rLiiliviER, I am writing this letter to supplement my two other earlier letters dated February 8 and March 24 concerning the legal water supply for the proposed Hawkridge Development. By letter dated March 30, 1982, the Colorado Division of Water Resources indicated a need for winter augmentation. The result of this concern of the Assistant State Engineer, we filed on behalf of the applicant an Application in Water Court for Approval of a Plan for Augmentation that is designed to augment winter diversions through the Hawkridge and Keller Wells. A copy of the Application in Case No. 82CW96 is enclosed as well as a copy of the engineering report upon which the Application is based. As with my March 24 letter and to expedite the review of this matter, I am sending a copy of this letter and enclosures directly to Keith Kepler at the Division of Water Resources. If I can provide any additional information or if you wish to discuss this matter, feel free to contact me. Very truly yours, LEL:jas Encs. cc: H. P. Hansen Richard L. Kinshella T. Peter Craven, Esq. R. Scott Fifer Keith Kepler, Div. of Water Resources (w/encs.) LEAVENWORTH, PATR 467a4: Leavenworth CK & LOCHHEP.C. GERALD D. HARTERT RONALD M. WILSON RICHARD L. EVERSTINE )r— NIN`i IV 1g82 tAeu-tilA 6134 77t7S-P, LAW OFFICES HARTERT, MINCER AND WILSON 810 PITKIN AVENUE P.O. BOX 850 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-5448 May 3, 1982 LAWRENCE M. MINCER MICHAEL E. DOYLE NEIL S. MINCER Mr. Arnold Mackley, Chairman Garfield County Planning Commission 4031 County Road 320 Rifle, Colorado 81650 Re: Hawk Ridge Subdivision Dear Mr. Mackley: Our firm represents John G. Powers, who owns land in Gar- field County south of the proposed Hawk Ridge Subdivison. Mr. Powers agent, Richard C. Martin, recently became aware of the Hawk Ridge application and the application for water rights and plan of augmentation associated with it. Mr. Martin believes that the construction and operation of the wells as is proposed in the water rights application asso- ciated with the Hawk Ridge Subdivision will injure the vested water rights owned by Mr. Powers. Specifically, it appears that the wells will take water from the same aquifer which feeds the Crystal Springs, where Mr. Powers obtains his irrigation water, and it does not appear that the pro- posed plan of augmentation will replace the water in such a way that it will protect Mr. Powers' water rights. We have, therefore, filed an objection to the application for modifi- cation of the plan for augmentation, and we will be filing a petition asking the court to reconsider the approval of the original plan for augmentation, as is provided for in the Ruling of the Referee in Case No. 80CW552. A copy of our Statement of Opposition is enclosed. Because of the objection of Mr. Powers to the water rights application and plan of augmention, it appears that the legal right to water for the proposed subdivision is not clearly established, and our client thought it best to advise you of the situation so that the other members of the Planning Commission could be made aware. It appears to Mr. Martin that there may be another issue with which the Planning Commission should concern itself. Mr. Martin formerly owned and operated the ranch which is now owned by Mr. Powers, and Mr. Martin is very familiar with the irrigation practices on Missouri Heights. He Mr. Arnold Mac ey, Chairman Garfield County Planning Commission May 3, 1982 Page 2 indicates that there have been many years when there has not been sufficient water in Cattle Creek for the Park Ditch Company to receive its entire allocation, and that frequently the ditch is dry by mid -summer. Since the Hawk Ridge plan of augmentation depends upon Park Ditch water as an augmenta- tion source, it appears that there is a possibility that in late summer, the water which is to be used to replace the water drawn by the Hawk Ridge and Keller Wells will not be in priority, and that the Division Water Engineer might therefore require the Hawk Ridge and Keller Wells to cease operation. That could leave the entire subdivision without water. Please consider these comments concerning the legal right to the water source proposed for the subdivision when the Commission meets to determine its recommendation on the request for subdivision approval. Very truly yours, HARTERT, MINCER AND WILSON E RMW/ko cc: Richard C. Martin Dennis Stranger, Garfield County Planning Director • • DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO Action No. 82CW45 STATEMENT OF OPPOSITION IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: ARTHUR W. ACKERMAN, CAROLYN ACKERMAN,' GWENDOLYN HANSEN, and HANS PETER HANSEN IN THE WATERSHED OF THE ROARING FORK RIVER IN GARFIELD COUNTY, COLORADO Objector, John G. Powers, by his attorneys, Hartert, Mincer and Wilson, respectfully submits this Statement of Opposition: 1. Name and address of objector: John G. Powers c/o Hartert, Mincer and Wilson P.O. Box 850 Glenwood Springs, Colorado 81602 2 Name of ditch or other structure: Hawk Ridge Well No. 1 Hawk Ridge Well No. 2 Keller Well 3. Statement of facts why application for water right should not be granted or why it should be granted only in part on certain conditions: A. Objector is the owner and claimant of vested water rights which would be injured by the granting of the application. Specifically, objector owns rights to water from the Crystal Springs, located in Section 24, Township 7 South, Range 88 West of the 6th Principal Meridian. Objector believes, and therefore alleges, that the Hawk Ridge Wells and the Keller Wells will rmove water from the aquifer which is the source of the Crystal Springs, and that the proposed plan of augmentation will not replace water drawn from the aquifer. Applicant therefore believes and so alleges, that the flow of the Crystal Springs will be reduced by operation of applicant's wells and his vested water rights will be damaged. • • B. Any decree entered herein should be conditioned, including the provision of measuring and administrative requirements, to protect objector's water rights. C. Objector reserves the right to assert addi- tional objections as grounds for opposition as further information becomes known to objector through discovery or otherwise. WHEREFOR, the Objector respectfully requests that the Application be denied. HARTERT, MINCER AND WILSON r. A By: 4 i 6....-..a Ls, `Q Ronald M. Wilson, Reg. No. 6922 810 Pitkin Avenue, P.O. Box 850 Glenwood Springs, Colorado 81602 Telephone: (303) 945-5448 Address of Objector: John G. Powers 13114 Highway 82 Carbondale, CO 81623 CERTIFICATE OF MAILING I hereby certify that on this day of 1982, a true and correct copy of the foregoing Statement of Opposition was placed in the United States Mail, first class postage prepaid, addressed as follows: Loyal E. Leavenworth Leavenworth, Patrick and Lochhead, P.C. Attorneys at Law P.O. Drawer 2030 Glenwood Springs, Colorado 81602 -2- GERALD D. HARTERT RONALD M. WILSON RICHARD L. EVERSTINE • LAW OFFICES HARTERT, MINCER AND WILSON 810 PITKIN AVENUE P.O. BOX 850 GLENW00D SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-5448 .27:, Q It Dit tom- aala Mr. Arnold Mackley, Chairman Garfield County Planning Commission 4031 County Road 320 Rifle, Colorado 81650 May 3, 1982 • LAWRENCE M. MINCER MICHAEL E. DOYLE NEIL S. MINCER Re: Hawk Ridge Subdivision Dear Mr. Mackley: Our firm represents John G. Powers, who owns land in Gar- field County south of the proposed Hawk Ridge Subdivison. Mr. Powers agent, Richard C. Martin, recently became aware of the Hawk Ridge application and the application for water rights and plan of augmentation associated with it. Mr. Martin believes that the construction and operation of the wells as is proposed in the water rights application asso- ciated with the Hawk Ridge Subdivision will injure the vested water rights owned by Mr. Powers. Specifically, it appears that the wells will take water from the same aquifer which feeds the Crystal Springs, where Mr. Powers obtains his irrigation water, and it does not appear that the pro- posed plan of augmentation will replace the water in such a way that it will protect Mr. Powers' water rights. We have, therefore, filed an objection to the application for modifi- cation of the plan for augmentation, and we will be filing a petition asking the court to reconsider the approval of the original plan for augmentation, as is provided for in the Ruling of the Referee in Case No. 80CW552. A copy of our Statement of Opposition is enclosed. Because of the objection of Mr. Powers to the water rights application and plan of augmention, it appears that the legal right to water for the proposed subdivision is not clearly established, and our client thought it best to advise you of the situation so that the other members of the Planning Commission could be made aware. It appears to Mr. Martin that there may be another issue with which the Planning Commission should concern itself. Mr. Martin formerly owned and operated the ranch which is now owned by Mr. Powers, and Mr. Martin is very familiar with the irrigation practices on Missouri Heights. He 110 Mr. Arnold Mackiey, Chairman Garfield County Planning Commission May 3, 1982 Page 2 indicates that there have been many years when there has not been sufficient water in Cattle Creek for the Park Ditch Company to receive its entire allocation, and that frequently the ditch is dry by mid -summer. Since the Hawk Ridge plan of augmentation depends upon Park Ditch water as an augmenta- tion source, it appears that there is a possibility that in late summer, the water which is to be used to replace the water drawn by the Hawk Ridge and Keller Wells will not be in priority, and that the Division Water Engineer might therefore require the Hawk Ridge and Keller Wells to cease operation. That could leave the entire subdivision without water. Please consider these comments concerning the legal right to the water source proposed for the subdivision when the Commission meets to determine its recommendation on the request for subdivision approval. Very truly yours, HARTERT, MINCER AND WILSON C~ r RMW/ko cc: Richard C. Martin Dennis Stranger, Garfield County Planning Director 4777 T DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO Action No. 82CW45 STATEMENT OF OPPOSITION IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: ARTHUR W. ACKERMAN, CAROLYN ACKERMAN,' GWENDOLYN HANSEN, and HANS PETER HANSEN IN THE WATERSHED OF THE ROARING FORK RIVER IN GARFIELD COUNTY, COLORADO Objector, John G. Powers, by his attorneys, Hartert, Mincer and Wilson, respectfully submits this Statement of Opposition: 1. Name and address of objector: John G. Powers c/o Hartert, Mincer and Wilson P.O. Box 850 Glenwood Springs, Colorado 81602 2 Name of ditch or other structure: - Hawk Ridge Well No. 1 Hawk Ridge Well No. 2 Keller Well 3. Statement of facts why application for water right should not be granted or why it should be granted only in part on certain conditions: A. Objector is the owner and claimant of vested water rights which would be injured by the granting of the application. Specifically, objector owns rights to water from the Crystal Springs, located in Section 24, Township 7 South, Range 88 West of the 6th Principal Meridian. Objector believes, and therefore alleges, that the Hawk Ridge Wells and the Keller Wells will rmove water from the aquifer which is the source of the Crystal Springs, and that the proposed plan of augmentation will not replace water drawn from the aquifer. Applicant therefore believes and so alleges, that the flow of the Crystal Springs will be reduced by operation of applicant's wells and his vested water rights will be damaged. • . B. Any decree entered herein should be conditioned, including the provision of measuring and administrative requirements, to protect objector's water rights. C. Objector reserves the right to assert addi- tional objections as grounds for opposition as further information becomes known to objector through discovery or otherwise. WHEREFOR, the Objector respectfully requests that the Application be denied. HARTERT, MINCER AND WILSON By: Ronald M. Wilson, Reg. No. 6922 810 Pitkin Avenue, P.O. Box 850 Glenwood Springs, Colorado 81602 Telephone: (303) 945-5448 Address of Objector: John G. Powers 13114 Highway 82 Carbondale, CO 81623 CERTIFICATE OF MAILING I hereby certify that on this day of 1982, a true and correct copy of the foregoing Statement of Opposition was placed in the United States Mail, first class postage prepaid, addressed as follows: Loyal E. Leavenworth Leavenworth, Patrick and Lochhead, P.C. Attorneys at Law P.O. Drawer 2030 Glenwood Springs, Colorado 81602 -2- LOYAL E. LEAVENWORTH KEVIN L. PATRICK JAMES S. LOCHHEAD BRUCE D. RAY • • LEAVENWORTH, PATRICK & LOCHHEAD, P C. ATTORNEYS AT LAW March 24, 1982 Mr. Davis Farrar Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81602 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (303) 945-2261 li) MAR 2 5 1982 L_. GARFIELD CU. ,-,..,',i ., Re: Hawk Ridge Development Preliminary Plan Dear Davis: I am writing this letter to supplement my earlier letter, dated February 8, concerning the legal water supply for the proposed Hawk Ridge development, as well to respond to the letter, dated March 10, from the Division of Water Resources, signed by Hal Simpson. On February 26, 1982, we filed an Application for Change of Water Rights and for modification of the Plan for Augmentation previously approved for the Hawk Ridge development in Case No. 80CW522. This case has been assigned Case No. 82CW45. A copy of the Application and the engineering report prepared by Ponderosa Engineering is enclosed. I believe the Plan as filed will resolve any concerns of the Division of Water Resources concerning the calculations of the consumptive use associated with evapotransporation system. I am not aware of any other subdivisions which have been approved by Garfield County which rely on water decreed in 79CW97. There are two pending applications in Water Court involving this augmentation water. In Case Nos. 81CW284 and 292, 0.5 acre-feet of consumptive use decreed in 79CW97 is involved. In Case No. 81CW497, .9 acre-feet of consumptive use of water decreed in 79CW97 is involved. To expedite the review of this matter and at your request, I am sending a copy directly to Keith Kepler at the Division of Water Resources. If I can provide any additional information or if you wish to discuss this matter, feel free to contact me. LEAVENWORTH, PATRIC. LOCHHEAD, P. C. Mr. Davis Farrar March 24, 1982 Page 2 • Very truly yours, LEAVENWORTH, PATRICK & LOCHHEAD, P. C. eavenworth LEL/j Encs. cc: Mr. H. P. Hansen Mr. Richard Kinshella T. Peter Craven, Esq. Mr. Keith Kepler, Division of Water Resources (w/encs.) JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER III SCHENK & KERST ATTORNEYS AT LAW SUITE 100, VILLAGE PLAZA GLENWOOD SPRINGS, COLORADO 81601 (303) 945-2447 March 16, 1982 Garfield County Planning Dept. Davis S. Farrar, Planner 2014 Blake Ave. Glenwood Springs, CO 81601 Re: Hawk Ridge Subdivision Ladies and Gentlemen: SUITE 42, itzteiv RIFLE OFF? 210, REMINGTON SQUARE 125 WEST 4TH ST. RIFLE, COLORADO 81650 (303) 625-3010 I am responding on behalf of the Basalt Water Conservancy District to your recent request for comments in connection with the above referenced application. As you know, the District's purpose is to beneficially and effectively utilize its water rights within its boundaries, and in doing so does not wish to have an inappropropriate influence on the county's land use planning policies. I have reviewed Section 3 of the Preliminary Plan for the proposed development, which section relates to the legal water supply for the 17 units proposed. Counsel for the developer has described the adjudicated water rights which are intended to be used to supply the domestic, irrigation and fire protection needs of the development. The proposed legal water supply does not include or directly involve any rights of the Basalt Water Conservancy District, and accordingly, the District is not directly affected by the proposed development. The plan for augmentation would appear to provide an adequate legal supply of water for the development. The question of dependability of the legal supply has been satisfied to the extent that the water rights used for augmentation purposes are in priority. The question of whether a particular legal water supply provides a dependable year round source is a question which neither I nor the District is in a position to answer, but should be affirmatively answered by the county in order to assure that purchasers of lots or units within the development will not be curtailed at some future date. If you wish further imput by the Basalt Water Conservancy District in connection with this matter please do not hesitate to contact me. DK/b truly yours, cc --Board of Directors Basalt Water Conservancy District RICHARD D. LAMM Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 March 10, 1982 Mr. Davis S. Farrar Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Farrar: JERIS A. DANIELSON State Engineer Matto " 44044 Re: Hawk Ridge Subdivision We have received the above referenced subdivision proposal for 17 single family dwellings. Water supply would be from wells decreed in case no. 80CW552. Water would be required for inhouse use and irrigation of 1000 square feet of lawn and garden for each dwelling. Wastewater would be disposed of through evapotranspiration systems. An augmentation plan has been decreed for this proposal (80CW552). This plan would use water decreed in case no. 79CW97. Unfortunately, the decree for this proposal would not allow evapotranspiration systems. Therefore, the applicants indicate they will amend their augmentation plan to allow the water use currently proposed. We have some concern regarding the applicants' calcula- tion of the consumptive use associated with the evapotranspiration system. Our analysis indicates that all of the proposed changes will result in more than 3.6 acre-feet consumptive use. We are not able to establish that the applicants have filed for an amend- ment to the original decree and, therefore, we cannot determine if they have adequately compensated for all the consumptive uses associated with this project. We must, therefore, ask to review this proposal again. We would also require information on whether any other subdivisions have been approved pursuant to 79CW97. Sincerely, // II al D Simpson, P.E. Assistant State Engineer HDS/KCK:mvf cc: Lee Enewold, Div. Eng. Land Use Commission 111 ers, ill v2 ---,r I O COLORADO DEPARTMENT OF HEALTH Richard D. Lamm Governor March 9, 1982 1876 Mr. Davis S. Farrar Garfield County Planning Department 2014 Blake Avenue Glenwood Springs CO 81601 Frank A. Traylor. M.D. Executive Director Re: Preliminary Plat for Hawk Ridge Subdivision, Garfield County Dear Mr. Farrar: I have reviewed the preliminary plat for the Hawk Ridge Subdivision and have the following comments. First, the plans and specifications for the proposed water supply system must be submitted to the Colorado Department of Health for review and approval before any construction can begin. Second, the recom- mendations for individual sewage disposal systems in the preliminary plat are well researched and should be followed. If you need any further comments, please feel free to call me at 245-2400. Sincerely, FOR DIRECTOR, WATER QUALITY CONTROL DIVISION /ifir rte- " < < John R. Blair District Engineer JRB/zp cc: Denver Office (Tom Bennett) District Engineer 125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 81501 PHONE (303)245-2400 P. 0. I)!'.,AAVF I< :50 ).SS :: '1 1 ( , \SS(CATION, I N(‘. AREA CODE 303 945 - 5491 945 - 6056 ,v„100I) :<!'Riti!;'S, (1)1_01;AI>;) 311“)1 March 3, 1982 Mr. Rick Kinshella Ponderosa Engineering, Inc. Suite 220 1512 Grand Avenue Glenwood Spgs, CO 81601 Hawk Ridge F;ubd.ivision Dear Rick: Holy Cross Electric has existing power lines a n the vicinity of the proposed Hawk Ridge Subdivision and is capable of providing power to it. Additional power line extensions are subject to the tariffs, rules and regulations of Holy Cross Electric Association, Inc. , and are dependent upon the com- pletion of contractual arrangements and easement acquisition. If you desire further information, please feel free to contact me. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. Ken Roberts, Engineering Department KR:lsz IIIIIIIPPF P.O. BOX 1302 GLENWOOD SPRINGS, COLORADO 8160t' Mount Siis Soil Conservation District March 3, 1982 Davis Farrar Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Mr. Farrar: The Mount Sopris Soil Conservation District Board has reviewed the Hawk Ridge Subdivision. We would like to point out the hazard of building on soils with high gypsum content. An on-site investigation before construction would be beneficial and could save the expense of rebuilding a foundation. An adequate surface drainage system needs to be developed. This area is subject to intensive thunderstorms and these could cause flash flood- ing. Adequate protection is needed to protect the irrigation ditches in the area. When subdivisions develop around irrigation ditches there is a strong possibility of people plugging up the ditches and this causes erosion. When an irrigation ditch breaks a great deal of damage is caused to buildings, roads, and to the soil. If the ditch owners are con- tacted before the plans are approved, they can work out a solution. If we can be of further assistance, please contact us. Sincerely, Richard Cerise Secretary RC/te CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT Roaring Fork School District RE -1 Box 820 Glenwood Springs, Colorado 81602 Telephone (303) 945-6558 Mn. Davis S. Fatvtan, Peannett. Gagietd County Rearming Dept. 2014 B.ea(2e Avenue G.eenwood Spttings, CO 81601 RE: Hawk Ridge Subdiv-L4-Lon Dean Mn. Fcvvt.an: ifr } . MARS NICHOLAS R. MASSARO, Superintendent DWIGHT L. HELM, Assistant Superintendent ROBERT D. LAFFOON, Assistant Superintendent, Business Manch 3, 1982 The Board o4 Education o4 Routing Forth. Schooe D,ustttiet RE --1 ,ins necom- rnend.ing the donation o4 one actt.e o4 !and 4on each l,1.ty homes -%tees on dottan va.eue o4 6a.id donation to be deposited with the Gagie.ed County Commiim.io nett s to be uta ed by the s cho o! di4tnict 4on the puncha s e o6 4utwt.e choo.e sites. Seventeen wooed nepneSent .34 actces on dottan vague theneo4. The Boattd at o nequetsts that deveYopeu be notiiied that extension o6 bus senv.ice ,into the . ubdLu.L Lon iz not p.eanned due to the inctea.ing cortts o4 such .service. Deve.eopen4 6houed peon to pnov.Lde a 6uitab..e bus estop on County Road 103. NRM/mw S-incene.ey youths, "ho az R. Maisaano LOYAL E. LEAVENWORTH KEVIN L. PATRICK JAMES S LOCHHEAD BRUCE D. RAY LEAVENWORTH, PATRICK dr LOCHHEAD, P C. ATTORNEYS AT LAW April 30, 1982 Ms. Marie Talamas Water Clerk, Water Div. 5 P. 0. Box 1300 Glenwood Springs, CO 81602 Dear Marie: ri 177 (2; Fle f 1011 GRAND AVENUE P O. DRAWER 2030 GLENWOOD SPRINGS, COLO TELEPHONE: (3p3) rI" 816O1 ii M��11192, '� , „414"3 Enclosed for filing with the Court is an Application for Water Storage Right, Change of Water Rights, and Approval of Plan for Augmentation on behalf of Arthur W. Ackerman, Carolyn Ackerman, Gwendolyn Hansen, and Hans Peter Hansen. Also enclosed is a check for $51.00 to cover the filing fee. If you have any questions, feel free to call me. Very truly yours, LEAVENWORTH PATRICK & LOCHHEAD, P.C. LEL:jas Encs. cc w/enc: H.P. Hansen R. Scott Fifer T. Peter Craven, Esq. Loyd E. Leavenworth COPY Original Filed > > CtuTrk ��. 13y eP DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO Case No. 82CW9( APPLICATION FOR WATER STORAGE RIGHT, CHANGE OF WATER RIGHTS, AND APPROVAL OF PLAN FOR AUGMENTATION CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ARTHUR W. ACKERMAN, CAROLYN ACKERMAN, GWENDOLYN HANSEN,AND HANS PETER HANSEN COME NOW, the Applicants, Arthur W. Ackerman, Carolyn Ackerman, Gwendolyn Hansen, and Hans Peter Hansen, successors in interest to Crystal Springs Land and Livestock, by and through their attorneys, Leavenworth, Patrick & Lochhead, P.C., and respectfully submit this Application for Water Storage Right, Change of Water Rights, and Approval of Plan for Augmen- tation, and as grounds therefor state as follows: Name and address of Applicants: Arthur W. Ackerman, Carolyn Ackerman, Gwendolyn Hansen, and Hans Peter Hansen c/o Leavenworth, Patrick & Lochhead, P.C. 1011 Grand Avenue P. 0. Drawer 2030 Glenwood Springs, CO 81602 Phone (303) 945-2261 APPLICATION FOR WATER STORAGE RIGHT 1. Name of reservoir: Hawkridge Pond No. 1. 2. Legal description of location of dam: The center of the abutment of the dam is located in Section 13, Township Seven (7) South, Range 88 West of the Sixth P.M. whence the South Quarter Corner of said Section 13 bears South 87°25'15" West a distance of 1,080 feet. 4o, 3. Source of water by river and tributary: Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. 4. A. Date of initiation of appropriation: April 20, 1982. B. Date water first applied to beneficial use: n/a. C. How appropriation was initiated: by field survey and intent to apply water to the beneficial uses provided for herein. 5. Amount of water claimed in acre-feet: A. Portion absolute: n/a. B. Portion conditional: 5.0 acre-feet with the right to fill and refill in priority. 6. Maximum height of the dam in feet: 6 feet. 7. Length of proposed dam in feet: 150 feet. 8. Total capacity of the reservoir in acre-feet: 5.0 acre-feet. 9. Active capacity in acre-feet: 4.5 acre-feet. 10. Dead storage in acre-feet: 0.5 acre-feet. 11. Name and capacity of structure leading to the reservoir: C and M Ditch (including C and F Enlargement of the C and M Ditch), 14 c.f.s. 12. Proposed uses: municipal, household, domestic, commercial, irrigation, stock watering, fire protection, recreation, aesthetic, fish and wildlife propagation including storage and subsequent application to the above beneficial uses. CHANGE OF WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION 1 Name of water rights to be augmented: A. Hawkridge Well No. 1, located at a point 1700 feet West of the East Section Line and 1570 feet north of the South Section Line in Section 13, Township 7 South, Range 88 West of the 6th P.M., awarded 30 g.p.m. of time conditional for domestic irrigation and fire pro- tection purposes in Case No. 80CW552 on July 2, 1981 (Water Division No. 5), with an appropriation date of November 30, 1980. -2- 1 B. Hawkridge Well No. 2, located at a point 2,450 feet West of the East Section Line and 2,300 feet North of the South Section Line in Section 13, Township Seven (7) South, Range 88 West of the 6th P.M., awarded 30 g.p.m. of time conditional for domestic, irrigation, and fire protection purposes in Case No. 80CW552, on July 2, 1981 (Water Division No. 5), with an appropri- ation date of November 30, 1980. C. Keller Well, located in the Southeast Quarter of the Southeast Quarter of Section 13, Township Seven South Range 88 West of the 6th P.M., at a point whence the Southeast Corner of said Section 13 bears South 86°. East 2,400 feet with an appropriation date of February 1, 1951, and as decreed in Case No. 1430 on July 23, 1973 (Water Division No. 5) for 0.033 c.f.s. absolute and 0.033 c.f.s. conditional. 2. Water rights to be used for augmentation: A. C and M Ditch, awarded 6.0 c.f.s. with an appropriation date of June 25, 1885, in District Court for Garfield County, Colorado, in Civil Action No. 132, on May 11, 1889, for irrigation purposes. Applicants' share of this water right is 1.0 c.f.s. The decreed point of diversion is a headgate located on the South Bank of Cattle Creek approximately eight and one-half miles above the mouth of said creek in Section 9, Township Seven (7) South, Range 87 West of the 6th P.M. (at a point in Section 9, Township Seven (7) South, Range 87 West of the 6th P.M., 946 feet South and 66 feet East of the center of said Section 9). B. C and F Enlargement of the C and M Ditch, awarded 8 c.f.s. with an appropriation date of September 2, 1902, in District Court for Garfield County, Colorado, in Civil Action No. 1075, on May 31, 1905, for irriga- tion purposes. Applicants' share of this water right is 1.3 c.f.s. The decreed point of diversion is a headgate located on the South bank of Cattle Creek approximately eight and one-half miles above the mouth of said Creek in Section 9, Township Seven (7) South, Range 87 West of the 6th P.M. (at a point in Section 9, Township Seven (7) South, Range 87 West of the 6th P.M., 946 feet South and 66 feet East of the center of said Section 9). 3. Statement of Plan for Augmentation including terms and conditions which would prevent injury to owners or persons entitled to use water under vested water rights or decreed conditional water rights: A. Historic consumptive use: The Applicants' share of the water rights to be used for augmentation as described in Paragraph 2(A) and (B) have historically irrigated -3- approximately 58 acres of hay. Applicants' engineers have calculated that over the average historic irriga- tion season, Applicants' total diversions have herrn approximately 280 acre-feet of water. Of this amount, approximately 87.0 acre-feet of water per year has been consumptively used by the Applicants. Under this plan, Applicants propose to remove permanently 5 acres from irrigation. B. Proposed development: As' set forth in Paragraph 5 of Applicants' Application for Change of Water Rights and for Modification of a Previously Approved Plan for Augmentation in the pending Case No. 82CW45, Water Division No. 5, the Applicant proposes a residential development consisting of 17 single-family residences with year-round occupancy of 3.5 persons per residence consuming 315 gallons per unit per day, 1,000 square feet of lawn and garden irrigation per unit, and 34 horses within the development. The purpose of this Plan for Augmentation is solely to provide augmentation of the development's non -irrigation season water supply. Therefore, the following depletions to the Roaring Fork River will result from diversions under this plan by the above -referenced wells: (i) In-house domestic uses for the development based upon year round occupancy, an average of 3.5 persons per residence utilizing 90 gallons per capita per day, andindividual evapotransporation disposal systems resulting in 100 percent con- sumptive use will require a total diversion of 6.0 acre-feet of water per year of which the total 6.0 acre-feet will be consumed. Of this amount, 3.0 acre feet will be consumed during the historic non -irrigation season (November - April). (ii) No more than two horses shall be allowed per lot. Based on 11 gallons per day for each horse and assuming 100 percent consumptive use, there will be a total annual diversion and depletion of 0.42 acre-feet of water per year. Of this amount, a total depletion of 0.21 acre-feet of water will occur during the historic non - irrigation season (November -April). Applicants' engineers have calculated that this pro- posed development will require diversions from the wells referenced in Paragraph 1(A), (B), and (C), supra, during the historic non -irrigation season (November -April) of 3.21 acre-feet. Of this amount the entire 3.21 acre-feet will be consumed during the his- toric non -irrigation season (November -April). -4- C. Operation of plan: Applicants' engineers have calculated that based on current development plans approximately 5.0 acres will be removed irom irrigation due to roads, driveways, houses, and water impoundment structures. See Exhibit A attached hereto and incorpor- ated herein by reference. Based on 1.5 acre-feet of consumptive use per acre, the dry -up of these five acres will make available 7.5 acre-feet of consumptive use to be used for augmentation during the historic non -irrigation season (November -April). Applicants pro- pose to forego diversions under their share of water rights referenced in Paragraph 2(A) and (B) during the historic irrigation season (May -October) which would have been used to irrigate these five acres and to store 4.5 acre-feet of the 7.5 acre-feet of available consumptive use in the Hawkridge Pond No. 1 as applied for herein. Depletions to the stream system resulting from out -of -priority diversions through the wells refer- enced in Paragraph 1(A), (B), and (C) will then be replaced as needed by releases of water stored in the Hawkridge Pond No. 1 as applied for herein. The depletions associated with the proposed devel- opment during the historic nonirrigation season as out- lined above will be less than the total consumptive use credit provided for in this plan as a result of the dry -up of five acres of land historically irrigated with Applicant's share of the water rights referenced in Paragraph 2(A) and (B). The Applicant therefore seeks a determination by this Court that any identified excess consumptive use credit may be used, reused, successively used, disposed of, leased, placed into storage or conveyed by the Applicant for any beneficial use and for augmentation and exchange until such credit has been totally extinguished. D. Administration of the Plan. Upon approval of this Plan for Augmentation, the Applicant will take out of agri- cultural production five acres of land historically irrigated by the water rights referenced in Paragraph 2(A) and (B), supra, and will forego diversions there- under during the historic irrigation season (May - October) and will store in the Hawkridge Pond No. 1 water which would have been consumed by such agricul- tural production. At any time a valid downstream call is placed upon the water rights referenced in Para- graphs 1(A), (B), and (C), sura, during the non - irrigation season (November -April), Applicants will release and cause to be made available to the stream system from the Hawkridge Pond No. 1 sufficient water at such times and in such quantities as may be required to replace out -of -priority depletions under those water rights. The Applicants will install and maintain such -5- R gauges and storage release facilities as may be required by the Division Engineer to facilitate the administration of this Plan and to assure compliance herewith. WHEREFORE, the Applicant respectfully requests approve this Application by entering a decree: 1. That approves the Application for Water Storage the Hawridge Pond No. 1 as requested herein. 2. That approves the Plan for Augmentation and Change of Water Rights as requested herein. 3. That determines as a result of the permanent removal from irrigation of five acres of land historically irrigated by the water rights referenced in Paragraph 2(A) and (B), supra, the Applicants will have available to them a total consumptive use credit associated with said foregone irriga- tion during the historic non -irrigation season (November - April) for the Hawkridge Subdivision development and other uses. the Court Right for 4. That provides that the consumptive use credit in excess of the depletions for the development occurring during the historic non -irrigation season (November -April) may be used, reused, successively used, disposed of, leased, placed into storage or conveyed by the Applicant for any beneficial use and for augmentation and exchange until such credit is totally extinguished. 5. That the operation of the plan for augmentation as re- quested herein will not injure any vested absolute or decreed conditional water rights. Respectfully submitted this 30th day of April, 1982. By LEAVENWORTH, PATRICK & LOCHHEAD, P.C. Attorneys for Applicants / Lo al E. B uce D. 10 Gra P.O. Dra Glenwood Springs, (303) 945-2261 venworth, #6696 , #11515 venue 2030 -6- CO 81602 STATE OF COLORADO ) )ss. County of R. Scott Fifer, Consulting Hydrologist to the Applicants, being first duly sworn, upon oath, deposes and says that he has read the foregoing Application for Water Storage Right, Change of Water Rights, and Approval of Plan for Augmentation, knows the contents thereof, and that the same are true to the best of his knowledge and belief. R. Scott Fifer 0Subscribed and sworn to before me this 12.1,0 , 1982. My Commission Expires March 23, 1986 My Commission expires: ..•.• • • • • Notary Pubfi Address: -7- day of P.O. Drawer 2030 Glenwood Springs, CO 81602 now rig i _.__.• -I 0 r rn 0 0 m w H 0 cu m m Own Z �m --{Du) cH 000 H z oco om zc rnm m OD x=z oom Xcz Kmr �C rn07) om< - >0 T- DO mz� 0o 73U) coo <0 0 431VelLi2:11-Kel EXHIBIT A O I CO -< 0 0 0 --I 55D —rn DU) --I 00 Z C co cm m -D O, oz Dm oz c) 0 z� (pm c< 0m no 0-,i Z j7 0 z cn O 0 - - m-4 0 0 0 0 • r April 28, 1982 Mr. H.P. Hansen 278 Garfield Carbondale, CO 81623 AY 1 RE: Hawk Ridge Water Resource Study Dear H.P., CHMUESER & ASSOCIATES 201 CENTENNIAL STREET SUITE 306 GLENWOOD SPRINGS, CO 81601 (303) 945-5468 4t LEAVENWOAEB, PAii1C!( & L(iidEAD PC Pursuant to your April 15, 1982 request, we have prepared the following report detailing information sufficient to complete a Winter (November through April) Water Right Plan for Augmentation for the Hawk Ridge Subdivision. This plan can be included with your amended water right application in Case No. 82CW45 to pro- vide your development with a dependable year-round legal water supply. INTRODUCTION The proposed Hawk Ridge Subdivision is located on a 104 acre parcel of land four miles northwest of Carbondale, Colorado. The development was originally planned to consist of 20 single family residential homes with limited lawn irrigation and livestock use. In December, 1980, Hawk Ridge applied to the District Court, Water Division No. 5 for water rights and plan for augmentation necessary to supply the development with a legal water supply. The plan proposed to augment out -of -priority well diversions during the historic irrigation season by purchasing and making available 2.5 acre feet (af) of consumptive use water that was decreed in Case No. 79CW97. The water was to be imported and released into the basin from the Park Ditch. The water right applications did not receive opposition and were approved by the Water Referee in June, 1981. Subsequent to this approval, soils and engineering reports have recommended a change in the applicant's wastewater treatment systems. This change has increased the developments projected total water consumptive use, requiring that the Plan for Augmen- tation be amended. An application has been filed with the Dis- trict Court for modification of the previously approved Plan for Augmentation to incorporate these changes (82CW45). • • In addition to modifying their approved augmentation plan, Hawk Ridge has decided to include as part of their amendment, a Winter Water Right Plan for Augmentation that would protect any out -of -priority well diversions during the non -irrigation season as well. This decision initiated this water resource investi- gation. WATER REQUIREMENTS The Hawk Ridge Subdivision will require water for domestic in-house use, lawn and garden irrigation and livestock watering. The amended development plan will require less total diversion than originally approved, however, total consumptive use will be higher. The differences between the original and amended Hawk Ridge development plans include: 1. The total number of residential units have been re- duced from 20 to 17. 2. The number of horses alowed have increased from 20 to 34. 3. Permitted lawn irrigaton has been further restricted from 2,000 square feet per lot to 1,000 square feet per lot. 4. The wastewater treatment will be by individual evapo- transpiration systems (ET), rather than by septic tank and leachfield. The ET systems typically consume 100% of domestic in-house water use compared to 15 or 20% consumption by conventional leachfield systems. Table 1 compares the difference between total water require- ments and consumptive use of the original and amended develop- ments plans. Total diversions have been decreased from 10.9 af/y to 7.6 af/y, while consumptive use has increased from 3.3 af/y to 7.2 af/y. Of particular interest to this study is that approxi- mately 3.2 af/y will be consumed during the non -irrigation season under the amended development concept. WATER RIGHTS There are approximately 2.5 cubic feet per second (cfs) of water rights appurtenant to the Hawk Ridge property. Most of the rights, are decreed to the C & M Ditch and are used for irriga- tion of hay and pasture land. The remaining water rights origi- nate from a series of wells that will serve as the water supply for the Hawk Ridge development. Table 2 summarizes the water rights' decreed information. The Keller Well and Hawk Ridge Wells No. 1 and No. 2 were included in the previously approved Hawk Ridge Water Right Plan .. 2 w OQ H 1 • a) s_ 0 Q7 N > c0 4-) 0. O 0 w E z z TOTAL USE Original Amendment iversion ICU Diversion ICU 0' a\ Cr) r- N M O N C --- c0 M r. N ON Ln O CO O in m Cr) Ln Lt' (V cO qD O .' co O LIVESTOCK USE Original Amendment DiversionICU DiversionICU N O <- N O N 0 r- N O r- N O N .- 0 N 0 N r- • 0 N 0 N 0 N .— 0 .- N 0 IRRIGATION USE Original Amendment DiversionICU DiversionICU CO 0 ( 00 . 0 ti ( ti . CO r- CO r- v0 N 1 v0 t--- N IN-HOUSE USE Original I Amendment DiversionICU DiversionICU O (Y1 0 Cr) O k.0 O Cr) O h'1 0 vD rn Ln o rn in o CO •- T- N ON (Yl N Cr,c M -- L•-• 0 C) w C/) Irrigation (May -October) Non -Irrigation (November -April) TOTAL 0 o 4) ca a) 0 (D a) a) 4-1 a) s_ 0 (II 0 4.) U (a a) 0 4) co 40 •rl 4-4 0 consumptive gpd/horse with residences 4•3 4-) • as • (o u) •L7 E N (1.) (/) (1) +) E 4) 0 : 0 V) r-( U) r 1 Nv) • ti0 t` r- 0 N w w a • • Absolute Irrigation 5/11/1889 6/25/1885 C&M Ditch Absolute Irrigation 5/31/1905 rI c0 a) 0 .N •H ✓ -1 •r-1 O -a C A O ▪ U U U » p a) ) 1-1 r 1 Sr C r-1 r i O >r O : ri •H 0 •r1 0 S. S. .4-) .ri +) 03 4-) CO4) 00 O 00 O 4.) •F) O 0 •H Q) •r -i a) O O + ▪ 3 i-) S.. O S-. O V] V) 4r4 S. •ri i. .. ., a) a) O E c▪ o O 0 O • O O • a) t` t -- A A •H S_ •H S.. 00 CO 4-) •r-1 4-) 44-1 (Ns N V) C, V) W . - r - Q) a) •— r- E TJ E O G 0 C 'a to bro M O - m CO CO •-� rn rn N N 00 00 Nti ti ti N .- r - o lel Ln 01 CT O" r- r- r - Nr- •--- ON N N 11/30/1980 Cr) V) U) 4r 4-/ 4. V) 0 0 0 4� M rn �p 0 co M r+1 00 0 ▪ • • 11/30/1980 (Permit No. (Permit No. co to N 4-' 41 4-a 0 0 0 to M M '.0 M ' M 0 0 O 4-) 0 c4-) a) .r4 E A W r-♦ CO = r-1 (1) (1) N r- N S.-- a) to bO as U •D • TJ • 4.) • a.,) • ,--1• 4 0 •rl 0 H 0 r-♦ 0 >r a) S. (z Z a Z (1) z a) z Lx -.1 .c a) a 0.. •) r-1 . r-1 .SC r -I r I r--1 ti. r-1 3 r-1 3 r-1 C r-1 C ri ..LS 4-r a) (O Q) cO a) cO Q) r0 (1) U 0 x x3 x3 ›• >3 ✓ • N 0.1 - 10 t� • • for Augmentation (Case No. 80CW552). The wells are proposed to provide the developments water supply for domestic in-house, lawn irrigation and livestock watering uses. During the months May through October, the wells out -of -priority depletions will be replaced by releasing decreed augmentation water from the Park Ditch (Case No. 79CW97). The total amount of augmentation water to be released is currently being amended from the previously approved 2.5 af to 3.99 af (Case No. 82CW45). The amendment is necessary to replace the developments expected increased water use as outlined earlier in this report. The two Van Pelt exempt wells were approved by the State En- gineer prior to finalizing Hawk Ridge's current development plans. Originally the property was going to be sold in 35 acre parcels and qualified for exempt status under the "Water Right Determination and Administration Act of 1969". If the Hawk Ridge Subdivision is approved and developed, the exempt wells will not be utilized. The two C & M Ditch water rights are currently used to irri- gate approximately 58 acres of hay land on the Hawk Ridge proper- ty. During good water years, sufficient irrigation water is available to allow for two cuttings of hay. These water rights will provide the basis of a Winter (November through April) Plan for Augmentation. Winter Plan for Augmentation Augmentation water for the winter, November through April period, will be provided by C & M Ditch irrigation water rights. Sufficient land will be removed from historic irrigation, such that the crops reduced evapotranspiration (consumptive use) will offset the winter domestic and livestock depletions caused by the Hawk Ridge Subdivision. The water will be stored in priority during the irrigation season and be available for release during the winter period when the Hawk Ridge wells become out -of - priority. The total amount of water that must be available for augmentation is 4.5 af. This amount provides for 3.2 af of con- sumptive use plus 1.3 af for reservoir evaporation and conveyance losses. This is a reservoir of approximately 150 feet x 150 feet x 9 feet ,deep. To implement this type of Plan for Augmentation, it is neces- sary to establish the crops historic depletion or consumptive use on the river system. The consumptive use is that amount of water transpired by the crops during growth, plus evaporation losses from the soil and plant foliage. It is this amount of water that can be transferred to new points of diversion and used for addi- tional purposes than originally decreed. The amount of consump- tive use often depends on the rights relative priority against competing water interests and the availability of physical water supplies. The total consumptive use of hay and pasture grass in this vicinity was established in an engineering report supporting the original Park Ditch augmentation water decree (Western Engineers, • • Inc., 1980). The report concluded that the consumptive use of hay and pasture grass was 2.0 af/a over the entire growing sea- son. This assumes a full supply of irrigation water available to the crops. If water supplies are limited by either physical or legal restraints, the consumptive use attributed to the irriga- tion is less. The crops total consumptive use on a monthly basis is shown in Table 3. TABLE 3 Potential Consumptive Use* Hay and Pasture Grass, Hawk Ridge MONTH ACRE FOOT/ACRE April 0.1 May 0.3 June 0.4 July 0.5 August 0,4 September 0.2 October 0.1 TOTAL 2.0 af/a * Assumes an irrigation supply over the full, April 12th to October 18th, growing season. To determine the historic availability of irrigation supplies from the C & M Ditch, we conducted an on-site field inspection of the irrigation system and reviewed ditch diversions records main- tained by the Division Engineer for the period 1967 through 1981. The records indicate that in most years, diversions began the second week of May and continued through the first week of Oc- tober. Diversions peak in May and June, averaging between 9 to 12 cfs. During July, the ditch diversions drop to approximately 6 cfs. The C & F Enlargement of the C & M Ditch often goes out - of -priority around mid July. August through October diversions are steady at 3.5 to 4.5 cfs. This indicates that even the senior C & M priority does not carry its full decree during the late season. Based upon our analysis of historic irrigation, we believe that in all water years, irrigation supplies will not be avail- able for the duration of the growing season. On the average, water supplies will be available for 150 of the total 188 days season. This results in a consumptive use attributed to irriga- tion of approximately 1.7 af/a. During a dry year, irrigation supplies will be limited to 113 days, resulting in a consumptive use of 1.5 af/a. During the drought year of 1977, irrigation was 1 0 -1 0 0 tb 0 LO <0 I I , II 0 ft..-..• :D. w 0 0 0 0 < _1 < _1 < __I < — < C.) I- I- I- I- Cf T o i- o I- o H o H W 0 1._- 8 --a w 3 o a_ cr w fx c\i 2 co Lil 00Ii- o< z .c , co Po .c ...L.u) t-- uc 8.,_ x A LA 1— cc co • w co I-- it D I- Lij 0 8 0 0 UJ 0 i D < co cr 1 L--0- _ -r cc w ir•5 >-- ‹c < 2 I LP _>- J < z 0 D z 1:: W I o < U.K.9 CD r- D -±- <to c•-• I.L1UJ _ cc --- Z 2 lir D 0 u) ict z fr 0 w , 0 > ict .._1 i5- 0 o I— --I I 0 cc" tiJ >- HIGH WATER F LiJ IRRIGATION 20th - 0 z 0 SCHMUESER & ASSOCIATES ,•••••••• •••••••••• USE (C.U.) af/a CONSUMPTIVE PROJECT # B20484 s • restricted to just 55 days. This resulted in a consumptive use of 0.6 af/a. Figure 1 displays the findings of our investigation., To ensure the proposed augmentation plan provides for ade- quate protection during dry years, we recommend a consumptive use value of 1.5 af/a be used to determine the total acreage that should be removed from production. The drought year of 1977 is not representative of expected conditions. The probability of a drought of this magnitude reoccuring in any one year, is less than one percent. The amount of land that must be removed from historic irriga- tion to compensate for the developments estimated 4.5 af deple- tion is 3.0 acres (4.5 af _ 1.5 af/a). Based upon the Hawk Ridge development plans we have estimated that approximately 5.0 acres will be removed from irrigation due to roads, driveways, houses and water impounded structure. This will more than compensate for the winter consumptive use and reservoir losses. CONCLUSIONS The Hawk Ridge Subdivision should proceed to develop a Winter Water Right Plan for Augmentation as outlined in this report. When combined with the previously approved summer augmentation plan, the Hawk Ridge development will have year-round protection from out -of -priority depletions caused by their water supply system. The plan would seek approval of the water court to prevent injury to other vested water rights by replacing the consumptive use attributed to Hawk Ridge during the winter, November through April period, with releases from a storage reservoir. To ensure that water will be available for release from the reservoir, it should be filled during the irrigation season by diversions from the C & M Ditch. The ditches decreed priorities are sufficiently senior to provide the necessary reservoir storage in all years. Even during the 1977 drought year, C & M's first priority delivered approximately 100 af to the Hawk Ridge property. A total of at least 3.0 acres of land historically irrigated by the C & M Ditch should be permanently removed from production to defray the winter consumptive use plus reservoir losses. Our analysis indicatesthat this will be accomplished by the con- struction of roads, houses and other improvements on the property. Water Rights to be Augmented The water rights that must be augmented are the same three wells described in the previously approved plan for augmentation. These include the Keller and Hawk Ridge No. 1 and No. 2 wells. Water Rights to be Used for Augmentation 1. The Hawk Ridge reservoir claiming 5.0 af conditional water rights. Center of said embankment is located in Section 13, T.7S., R.88W. of the 6th P.M., whence the S. 1/4 Corner of said Section 13 bears S. 870 25' 15" W. a distance of 1,080 feet. The appropriation was initiated by field review on April 20, 1982. The reservoir would have a total cap- acity of 5.0 af with 4.5 af of active storage. The resevoir will be filled from the C & M Ditch water rights. 2. C & M Ditch water rights as described in this report. The C & M Ditch water right will be used to fill the Hawk Ridge reservoir during the historic irrigation season. Winter augmentation will be provided by re- leases from the reservoir. It has been a pleasure working for you on this proect. If you have any questions, or if I can be of further service, please do not hesitate to call me. Sincerely, SCHMUESER & ASSOCIATES, INC. •,jc,ee-4/ fot R. Scott Fifer Hydrologist RSF/ln Project # B2048A April 12, 1982 Mr. Davis Farrar Garfield County Planning $ Zoning Department Glenwood Springs, CO. 81601 Dear Mr. Farrar: As an adjacent land owner to Hawks Ridge, I wish to say the following. At present, there doesn't appear to be a cogent plan which dictates what the parameters are and what represents adequate resources, especially water, for subdivision. For instance, Lee Ann Eustis, who also lives on 103 Road, was allowed three parcels for 62 acres with an adequate well and storage facilities. She had requested four parcels. When we subdivided (for estate purposes) we accepted your recommendation as to the rightnumber of parcels. Now we have H. P. Hansen asking for 17 parcels on 105 acres. Will H.P.'s arrangement reduce the visual and physical impact to retain the natural openness with vast views of Sopris and privacy of the area? I am sure that H. P. Hansen has, as a developer, insured this for his own parcel. Will this ethic extend to the other parcels? Will the roads be paved to keep down dust? We are due West of the development and visual impact and dust are major concerns. The increased traffic on 103 Road must be addressed. Safety and increased dust will be a tremendous problem. I personally do not feel that it is my responsibility for the increased road impact. Improvement of road surface is ostensibly and primarily the job of those people creating the increased impacts. Those individuals who are actively seeking to sell lots by seeking major subdivision approval should be responsible for this cost. Additionally, given the output of the two wells, is there enough water to service 17 homesites? I realize that there is a proposed 35,000 gallon reservoir, but how many gallons per day do two wells have to produce to ser- vice 17 homesites? Have you actually seen the G.P. M. well reports and addressed this problem? I bring these issues up in the interest of everyone who lives in the vicinity. I wish to see the quality of our lives enhanced and I look forward to having neighborsi I have the highest regard for H.P. and his wife. He is a man of principle, and I know that he will protect the land with adequate covenants. I fully support a subdivision and I fully support and rely upon the wisdom of the P $ Z to dictate what is a fair and just number of parcels for this tract of land. Respectfully yours, Steve Sm4ack-- -- 2755 103 Road Carbondale, CO. • • LEGAL DESCRIPTION A tract of land situated in Lots 7, 11, and 14 of Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more fully described as follows: Beginning at a point on the southerly line of said Section 13 whence the South Quarter Corner of said Section 13 bears N. 89° 54' 45" W. 30.72 feet; thence N. 02° 15' 00" W. 396.66 feet; thence 187.22 feet along the arc of a curve to the right having a radius of 490.00 feet, the chord of which bears N. 08° 41' 45" E. 186.08 feet; thence N. 19° 38' 30" E. 24.81 feet; thence 403.77 feet along the arc of a curve to the left having a radius of 575.00 feet, the chord of which bears N. 00° 28' 30" W. 395.52 feet; thence N. 20° 35' 30" W. 56.36 feet; thence 155.61 feet along the arc of a curve to the right having a radius of 705.00 feet, the chord of which bears N. 14° 16' 07" W. 155.29 feet to the West line of said Lot 11; thence along said West line N. 00° 27' 54" W. 349.53 feet to the south and east right of way line of a 60 foot road described in Record No. 231837 of the records of the Clerk & Recorder of Garfield County; thence along said south and east right of way the following courses: N. 00° 54' 50" E. 1487.91 feet; thence 257.24 feet along the arc of a curve to the right having a radius of 348.67 feet, the chord of which bears N. 22° 03' 00" E. 251.45 feet; thence 197.99 feet along the arc of a curve to the right having a radius of 363.13 feet, the chord of which bears N. 58° 48' 20" E. 195.54 feet; thence 106.91 feet along the arc of a curve to the right having a radius of 681.22 feet, the chord of which bears N. 78° 55' 15" E. 106.80 feet; thence N. 83° 25' 00" E. 115.08 feet; thence 204.99 feet along the arc of a curve to the left having a radius of 1,104.57 feet, the chord of which bears N. 78° 06' 00" E. 204.70 feet; thence N. 72° 47' 00" E. 88.00 feet; thence 193.80 feet along the arc of a curve to the right having a radius of 1036.16 feet, the chord of which bears N. 78° 08' 30" E. 193.52 feet; thence N. 83° 30' 00" E. 172.00 feet; thence 183.25 feet along the arc of a curve to the left having a radius of 391.40 feet, the chord of which bears N. 70° 05' 14" E. 181.58 feet to the East line of said Lots 7 and 14; thence along said East line S. 01° 13' 12" E. 936.64 feet to the Northeast corner of said Lot 11; thence along the East line of said Lot 11 S. 00° 10' 08" E. 2662.64 feet to the Southeast corner of said Lot 11 also being on the south line of said Section 13; thence along said south line N. 89° 54' 45" W. 1304.38 feet to the point of beginning containing 103.756 acres more or less. RICHARD D. LAMM Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 May 20, 1982 Mr. Davis Farrar Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Farrar: JERIS A. DANIELSON State Engineer 14/42 1982 Re: Hawkridge Development We have received additional information indicating the developers have filed a proposed augmentation plan to protect winter diversions (Case No. 82CW96). Summer depletions were augmented in Case No. 82CW45. Since the proposed augmentation plans would protect the diversion for this subdivision, we would recommend approval conditional upon plans for augmentation being decreed by the Water Court. Sincerely, Hal D. Simpson, P.E. Assistant State Engineer HDS/KCK:mvf cc: Lee Enewold, Div. Eng. ITS Park Ditch Company c/o Mr. Stephen H. Callicotle 2369 103 Road Carbondale, CO 81623 Re: Proposed Hawk Ridge Subdivision Dear Mr. Callicotle: R DONDE QSA ENGINEERING, INC. ,x y s, ONSULTING ENGINEERS ;6 REGISTERED LAND SURVEYORS Mardi 2, 1982 Enclosed for your review is a copy of the Hawk Ridge Subdivision Prelim- inary Plan and Drainage Plan which has recently been submitted. to Garfield County for review. Please note that tiie Park Ditch and a lateral of the Park Ditch cross through the proposed development. We proposed a 20' ditch easement for both of these ditches on the Prelim- inary Plat. You have indicated that a 30' easement will be necessary on the Park Ditch. 4e will. make this change when the Final Plat is suhmitted to Garfield County. We are proposing the installation of an 18" culvert :Ln Orc1,:rrd Lana to carry the 3 cis f1. e t:he it.,.r. ri ick goes property. It is anticipated that the Public 1 -tearing for this development will be held April 12, 1982. Any question or comments you may have with. regard to the above would be appreciated before this date. xc: Mr. 1-1. P. Hanson Mr. Davis Farrar 1512 GRAND AVENUE, SUITE 220 GLENWOOD SPRINGS, COLORADO 81601 Sincerely Rick Kinshella Ponderosa Engineering (303) 945-6596 Glenwo•Springs Rural Fire Protecti•District P.O. Box 2111 Glenwood Springs, CO 81602 Ir i NOV 1 0 1981 GHRF/FZ0 `,O P Garfield County Planning Commission c/o Garfield County Planner 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Glenwood Springs Rural Fire Protection District Dedication of Land by Developers Gentlemen: As you know, the rapid expansion of development in the unincorporated areas of Garfield County is putting an ever increasing strain on the facilities of the Glenwood Springs Rural Fire Protection District. As you also know, within the last few years, the District has had to increase its mill levy substantially in order to pay for the new lease agreement with the City of Glenwood Springs for use of the City's fire fighting facilities, as well as to obtain monies for the purchase of new fire fighting equipment. At this point, it appears that, due to statutory limitations, the District can not ask for a much greater increase in the mill levy for the district. How- ever, the Board of Directors of the District feels that there is still a very real and pressing need for new fire stations and additional fire fighting equipment for the District in order to cope with the increased demands of development within the District boundaries. Although there is no statutory provision for requiring developers to dedicate land or donate money to the fire district in connection with subdivision procedures, it is the feeling of the Board of Directors that suggestions for such dedication or donation during the county's subdivision review process might be appropriate for many developments in this area. It is contemplated that, although an absolute requirement could not be made for such dedication or donation, it would be an oppor- tunity for conscientious developers to show their concerns for the needs of the community by cooperating with the local authorities in providing for proper fire protection for the safety of persons and property in the new developments. In addition, the Fire District would welcome the opportunity to make recommendations to the Planning Commission regarding general fire protection considerations including water storage and availability, placement of fire plugs, etc. • • Page 2 November 9, 1981 Would you please consider advising the Board of this District, through Chief L. P. Zancanella, of all future develop- ments within the District so that comments and recommendations can be made in this very important area. If you desire any further information, please contact Chief Zancanella and he will see to it that the Board provides it to you promptly. Very truly yours, KTJ:td cc: Garfield County Commissioners • Ponderocoa Engineerin Inc. 1512 Grand Avenue Glenwood Sprinps, GO. Mountain Bell P.O. Box 220 Glenwood Springs, CO. Dear rr Rick Kinshclla, In response to your recuect the provision Gf telephone service for the Haw irre SubDiviAon I subit the followinv fortion, llountain Bell iJz, the Eervin telephone company for the Carbondale area and will provide telephone service to the Hawk Ridge development. A developers contract will be required. from the developer for telephone facilities within the development, incerely, ay Ca penter Assistant Manager Mountain Bell P.O. Box 640 January 7, 1982 • GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE Glenwood Springs, Colorado 81601 Phone 945-9158 Ken Wilson Ponderosa Associates 1512 Grand Avenue, Suite 220 Glenwood Springs, CO 81601 Dear Mr. Wilson: RE: County Road 103 Location Along Proposed Hawk Ridge Subdivision This will acknowledge receipt of your letter dated January 5, 1982, and our conference of January 7, 1982. From the County's point of view, the best resolution in this matter is to have your client authorize a resurvey of the centerline of County Road 103 as it borders your client's property. Then you should contact the owners on both sides of the road to de-L.ermine whether a new dedication is possible, such as to establish a 30 foot right-of-way on the left side of the centerline of the existing roadway. Upon notification that the adjoining land owners are cooperative to this -effort, I will be happy to get involved to resolve the situation. I do want to advise you that to the extent that the existing roadway may be outside of the legal right-of-way, this may present a subdivision problem which should be addressed at preliminary plat. Please contact me if I can be of further assistance to you. Very truly yours, Earl G. Rhodes Garfield County Attorney EGR/tb xc: D. Farrar// L. Bowlby i oPY DISTRICT COURT, WATER DIVISION 5, COLORADO Case No. l.0 ......................... D_puty APPLICATION FOR CHANGE OF WATER RIGHTS AND FOR MODIFICATION OF PREVIOUSLY APPROVED PLAN FOR AUGMENTATION CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ARTHUR W. ACKERMAN, CAROLYN ACKERMAN, GWENDOLYN HANSEN, and HANS PETER HANSEN COME NOW, Arthur W. Ackerman, Carolyn Ackerman, Gwendolyn Hansen, and Hans Peter Hansen, successors in interest to Crystal Springs Land and Livestock, by and through their attorneys Leavenworth, Patrick & Lochhead, P.C., and respectfully submit this Application for Change of Water Rights and for Modification of Previously Approved Plan for Augmentation, said Plan having been approved in Case No. 80CW522, District Court, Water Division No. 5, State of Colorado. 1. Name and address of Applicants: Arthur W. Ackerman, Carolyn Ackerman, Gwendolyn Hansen, and Hans Peter Hansen c/o Leavenworth, Patrick & Lochhead, P.C. 1011 Grand Avenue P. 0. Drawer 2030 Glenwood Springs, CO 81602 PH (303) 945-2261 2. Name of water rights to be augmented: A. Hawk Ridge Well No. 1, located at a point 1,700 feet west of the east section line and 1,570 feet north of the south section line of Section Thirteen (13), Township Seven (7) South, Range Eighty -Eight (88) West of the Sixth Principal Meridian (6th P.M.), awarded 30 gallons per minute of time, conditional, for domestic, irrigation, and fire protection purposes in Case No. 80CW552 on July 2, 1981 (Water Division No. 5), with an appropriation date of November 30, 1980. B. Hawk Ridge Well No. 2, located at a point 2,450 feet west of the east section line and 2,300 feet north of the south section line in Section Thirteen (13), Township Seven (7) South, Range Eighty -Eight (88) West of the Sixth Principal Meridian (6th P.M.), awarded 30 gallons per minute of time, conditional, for domestic, irrigation, and fire protection purposes in Case No. 80CW552 on July 2, 1981 (Water Division No. 5), with an appropriation date of November 30, 1980. C. Keller Well, located in the Southeast Quarter of the Southeast Quarter (SE' -+SE' -4) of Section Thirteen (13), Township Seven (7) South, Range Eighty -Eight (88) West of the Sixth Principal Meridian (6th P.M.), at a point whence the Southeast Corner of said Section 13 bears S.86° E. 2,400 feet, with an appropriation date of February 1, 1951, and as decreed in Case No. 1430 on July 23, 1973 (Water Division No. 5), for .033 c.f.s. absolute and .033 c.f.s. conditional. 3. Name of water rights to be used for augmentation: Augmentation water as decreed on October 15, 1980, in Case No. 79CW97, in the District Court in and for Water Division No. 5, State of Colorado. 4. The Plan for Augmentation as originally approved in Case No. 80CW552 was based on the following assumptions: A. A total of 20 single-family units, each with of 3.5 persons per unit utilizing 100 gallons per day and individual septic tank and disposal systems with 15% consumptive use. an average per capita leachfield B. No more than 2,000 square -feet of irrigated garden for each unit with two (2) acre-feet consumptive use. C. No more than one horse for each unit 11 gallons per day per horse. lawn and per acre consuming 5. The modification to the Plan for Augmentation decreed in Case No. 80CW552 as applied for herein is based on a modified residential development as follows: (1) Seventeen (17) single-family residences consuming 315 gallons per unit• per day; (2) 1,000 square -feet of lawn and garden irrigation per unit; and (3) 34 horses within the development. The following depletions to the Roaring Fork River will result from diversions under the modified plan by the above -referenced wells: -2- A. In-house domestic uses for the development based upon year-round occupancy, an average of 3.5 persons per residence utilizing 90 gallons per capita per day and individual evapotranspiration disposal systems resulting in 100% consumptive use will require a total diversion of 6.0 acre-feet of water per year, of which the total 6.0 acre-feet will be consumed. Of this total amount, 3.0 acre-feet will be diverted and consumed during the historic irrigation season (May through October). B. No more than two horses shall be allowed per lot. Based upon 11 gallons per day for each horse and assuming 100 percent consumption, there will be a total annual diversion and depletion of 0.420 acre-foot of water per year. Of this amount, a total diversion and depletion of 0.21 acre-foot of water will occur during the historic irrigation season. C. The Applicant shall adopt restrictive covenants and deed restrictions which will limit the use of water from the above -referenced wells for outside lawn and garden irrigation to no more than 1,000 square -feet of lawn and garden for each residence. Therefore, a total of not more than 0.39 acres of lawn and garden area will be irrigated by said wells. The total annual diversion will be 1.17 acre-feet of water per year, resulting in a total annual depletion of 0.78 acre-feet of water (based upon a consumptive use of 2.0 acre-feet per acre), all occurring during the historic irrigation season. 6. The Applicants are the perpetual licensees of 2.0 acre-feet and are currently negotiating for a perpetual license to an additional 1.99 acre-feet of augmentation water which was decreed by the District Court in and for Water Division No. 5 in Case No. 79CW97 on October 15, 1980. That decree found an annual average historic consumptive use of 48.0 acre-feet of water per year associated with the irrigation of 32 acres of land under five (5) shares of the Park Ditch Company. Only 5.51 acre-feet of water per year are to be used for augmentation pursuant to said decree. Upon the exercise the license agreement, the Applicants will have available 3.99 acre-feet of historic consumptive use credit pursuant to said decree to allow for the continued diversions by the wells during the historic irrigation season. 7. Total diversions from the wells during the irrigation season will not exceed 4.38 acre-feet per year over not more than 150 days. Total consumptive use during this period will not exceed 3.99 acre-feet per year. -3- 8. The operational schedule of this Plan for Augmentation shall be in accordance with the decree in Case No. 79CW97, as follows: A. Water required for augmentation purposes hereunder will be diverted through the Park Ditch in accordance with the provisions herein. B. During the months November through April, inclusive, the Applicants will divert sufficient quantities of water under the well's own water rights, and augmentation of such diversions shall not be required. C. During the months May through October, inclusive, Applicants shall cause to be released through the Park Ditch 3.99 acre-feet of water, 2.45 acre-feet during the months of May, June, and July by virtue of Applicants' interest in the water rights decreed to the Park Ditch and 1.54 acre-foot during the months of August, September, and October by virtue of Applicants' interest in the water right decreed to the Consolidated Reservoir, through the augmentation station constructed and operated pursuant to the decree in Case No. 79CW97. Said releases shall be made at such times and in such amounts as directed by the Division Engineer. 9. By releasing water for augmentation in accordance with the decree in Case No. 79CW97, the Applicant will replace to the stream 100 percent of the otherwise out -of -priority depletions during the irrigation season (May -October) caused by the operation of the wells. As a result, the underground water to be diverted by the wells will be available without causing injury to any owner of or person entitled to use vested or conditionally decreed water rights, and the wells may be operated without curtailment for the benefit of more senior appropriators so long they are operated in accordance with this decree. 10. Remarks: Other than the modifications specifically set forth above, the Applicants affirm the Plan for Augmentation heretofore decreed in Case No. 80CW552. WHEREFORE, Applicants request the Court enter a Decree granting this Application for Change of Water Right and Modification of Previously Approved Plan for Augmentation as set forth above. -4- Respectfully submitted this STATE OF COLORADO day of February, 1982. LEAVENWORTH, PATRICK & LOCHHEAD, P.C. Attorneys for Applicant By 1 E. Lworth 1011 d Avenue P. 0. Drawer 2030 Glenwood Springs, CO 81602 PH (303) 945-2261 Attorney Registration No. 6696 ss. County of Garfield ) I, LOYAL E. LEAVENWORTH, Attorney for Applicant, state under oath that I have read this application, and verify its content to the best of my knowledge and belief. Subscribed under oath before me on Feb 26, 1982 My commission expires April 11, 1983. 0.4 J Notary Public Address: P. Drawer 2030 Glenwood Springs, CO 81602 -5- • l.11 1� W N I-, F-, o G • �, ov G ro 0 0 QQ rt rt rt • N (D rt w w rt r• rt rt w o rt N r' r• 0 o rt 0 • CD 0 0 w O rt rt rt G N rt, (D H. (D rt W •o rt to (D In r• a 'l7 (D rt (D w •v O rt n rD r� cn o E 0 rt H. rt w o �\ rt rt W 0 1-1 V) • a H. n a Oa I (D saDuapTsa.z 'CJ 1-h a rt 0 O' a o n w rt rt • a rD H. s -O < 0 0 ri UQ (nb H. 0 o a w H. � rt a a' IID %OOT qfl N O • o n M r'J • a• n m n o C G In 0 O H cn rt 0 5 TOTAL CONSUMPTIVE USE DURING IRRIGATION SEASON ,---.• 0 0 < 1 I H an b rt rt H. H. GO v w rt H. 0 G lit Irrigation(4) (May -October) Season W 0 0 W 0 O W 0 0 W 0 0 In -House Use(1) Diversion CU Ac -ft Ac -ft 1 1-1I 1-1v 0 v CO Irrigation Use(2) Diversion CU Ac -ft Ac -ft O N 1-' o N h-' 0 N I-' O N r' Livestock(3) Diversion k CU Ac -ft Ac -ft W N I, W N I-. Lo co W %.O CO Total Diversion CU Ac -ft Ac -ft Er w rt rt 7d 0 H. ro rt m G rt w G a n O 5 G 0 rt • 0 N �OQI2I )IMVH W 0 0 H Ix ti e Total Diversion CU Ac -ft Ac -ft 4.38 3.99 t° .-I N M .-1 N M Livestock(3) Diversion . CU Ac -ft Ac -ft r --I N 0 .-1 N 0 r -I N 0 r-1 N 0 Irrigation Use(2) Diversion CU Ac -ft Ac -ft 00 N.I 0 N- rI r1 In -House Use(1) Diversion CU Ac -ft Ac -ft 0 0 Cl 0 0 M 0 O Cl 0 0 M Season Irrigation(4) (May -October) Non-Irrigation(5) (Nov -April) TOTAL CONSUMPTIVE USE DURING IRRIGATION SEASON In E w 0 U w O 6 0 ri N 0 4-1 •r1 ro 0 3 0 G r1 v 0 u •ri .0 C4 C0 1J OD fa •r1 a 3 01> rn •ra a 'd W 17 residences at .--1 N Cl Lc) 0 • February 12, 1982 Mr. Loyal E. Leavenworth Leavenworth, Patrick & Lockhead, P.C. 1011 Grand Avenue Glenwood Springs, CO 81601 PONDEROSA ENGINEERING, INC. CONSULTING ENGINEERS REGISTERED LAND SURVEYORS Re: Water Requirements & Consumptive Use For Hawk Ridge Subdivision Dear Lee: As per your request, I have prepared draft permits for the Hawk Ridge Well ##1 and for replacement of the Keller Well. Also enclosed is a summary Table of the water requirements and consumptive use for the development. These figures are based upon: 1. A 17 lot subdivision 2. A six month irrigation season 3. 3.5 persons/residence using 90 gpcd 4. 100% CU on the in-house use as a result of the requirement for evapotraspiration systems 5. 1000 ftZZ of lawn and garden irrigation/lot with 3 ac-ft/ac diversion and 2 ac-ft/ac Cu 6. 2 horses/lot using 11 gpd/horse with 100% CU Please contact me if you have any questions or require any additional information. Sincerely, 4/14( efoWla Rick Kinshella, P.E. Enclosures xc Mr. H.P. Hansen RK/mlr 1512 GRAND AVENUE, SUITE 220 GLENWOOD SPRINGS, COLORADO 81601 (303) 945.6596 11 5U51'l RE c)L5c2rLt.F-3y I .1 . .1a u r cHFN,H, 0.i ANU)PHYSic:i1,1 Ai1 I PO't I` c IMANnivIc.RV A I. .• r TuRn:Drr MI,131.,7y ArSerliC. 1 TU • ESt..ILl59' 26, `r' 2unt",1-.STED A Ft 1 Er I ISr1l15 lif—..;,)1..TS t 0 so rng,1 _ 0 0 Ilar,lness ;45 Chi Crf, 2.4 Load 005 ng/1 0 007 NI ti ate as N 10 ing/1 Selenium 0.01 mg/1 Silver 0.07 rtg/1 CHLOP0INAT ED HYDROCARBON.;!, PE.STICI DES Endrin Lindane Methoxychlor Toxaphenn Bicarbonate Carbonate Chloride Fluoride Nitrate Sulfate CATIONS Calcium Magnesium Potassium Sodium 0.0002 mg/1 0.004 ng/1 0.1 mg/1 0.005 mg/1 0.00 0.) 1.27 u,00 0,. 00 (11' 17: COBALT UNITS 15 Cobalt Units .,,,.,,,,,,,,- 122 null 0.8_5 ' I ,ral Alkalinity 0.004 [0,ived Solids 0.000 30 5 0.00 10.0 1.27 0.85 103 72.4 37.1 3.9 18.2 Conductance 0 I nig/1 500 ingil micromhos I . grl Manganese 0.05 mg/1 Copper 1.0 mg/1 Zinc 5.0 mg/1 Molybdenum mg/1 Amninnia as N mg/1 Phnsphate as P mg/1 Baton rng/1 HERBICIDES 2,4 • D 0.1 mg/1 2,4,5 - TP 0.01 mg/1 RADIOACTIVITY Gross Alpha 15 pCi/1 Gross Beta 50 pCi/1 Radium 226 + 228 5 pCi/1 26 72.4_ 37,1- 10.0. 1_03 0.00 436 620 0.020 0.006 0.003 0-0_62 0.007 0.000 0.000 0.13 Ph 7.7