HomeMy WebLinkAbout1.0 Application-Part 1Mayfly Bend Ranch
Preliminary Pl an Ap p 1 i c ati o n
George R. and Farley S. Kilby
505 Sandy Lane
Anniston, AL 36207
Submitted To:
Garfield County Building
and Planning Department
109 Sth Street
Glenwood Springs, CO 81601
970.945.82\2
September 1, 2000
SubmitteC By:
Otak Rock Creek Studio
36 N. 4th Street' '
Carbondale, CO 81623
970.963.r97L #iifi;
Applicants:
Project ParticiPants
May fly - Bend, Ranch sub d,iuision. helimin ary Plan, Application
Planner
Otah Rock Creeh Studio
36 North Fourth Street
Carbondale, CO 81623
970 / 963- 1 97 1
Engineer
Sopris En'gin eerin g
502 Main. Street, Suite A3
Carbondale, CO 81623
970 / 704-031 1
Geotechnical
Hepworth / Pawlalz Geotechnical,
5020 Road
Glenwood Springs, CO 81601
970 / 945-7988
Inc.
154
Mayf ly-Bend Ranch subdiuisiort sketch Plan Application
May fl y - Bend, Ranch s ub diuision Preliminary Plan, Application
Section I - Introduction
Section 2 - Prelirninary Plan Cornpliance
Section 3 - Comprehensiue Plan Compliance
Table of Contents
Poge
I
b
13
Mayf ly-Bend Ranch Subdiuision S k e t c h P I a n AP P I ic a t io rt
2
2
2
2
3
4
4
4
4
4
4
4
5
5
5
Ran.ch Subd,iuislon S ketch Plan Application'
List of Exhibits
Mayfly-Ben d' Raruch Subd,iuision' Preliminary Plan Application
Following Poge
Exhibit 1-VicinitY MaP
Exhibit 2 - Garfield' County Land (Jse Designations
Exhibit 3 - Garfield, County Zoning Designations
Exhibit4_Garfield'CountyComprehensiuePlanDesignations
Exhibit 5 - OPen SPace Plan .
Exhibit 6 - Elk Winter Range Habitat
Exhibit 7 - Mule Deer Winter Range
Exhibit 8-Septic SystemConstraints ' ' ' ' ' ' '
Exhibit 9 - Aerial Photo and Vegetation Mapping
Exhibit 9 - Slope and Flood Plain Hazards
Exhibit 10 - Soil Hazards
Exhibit 11- Soil TYPes
Exhibit 12a - PreliminarY Plan'
Exhibit 12b - Grad,ing & Drainage Plan & water supplv Plan ' '
Exhibit 12c - Road, Plan & Ptofile Mavflv Driue
Exhibit 12d - Road Plan & hofile
Green Drake & RoYal Coachmant' Road
luMalfly'Bend
List of APPendices
Mayfly-Bend,RanchSubd'iuision'Prelirnin'aryPlanApplication
Page
APryend'ix A- APPlication Form
Append'ix B - Letter of Authorization
APPendix C - Deed
APPend'ix D - A/R/RD Zoning Text
Append'ix E - Geo-Technical Report -
Append.ir F - Water Supply Information
Append'ix G - Ad'jacent Property Owners
APPend'ix H - Engineering RePort
APPendix I - Couenants
APPendix J - Radiation RePort
Append'ix K - Drainage RePort
Append,ix L - Sewer Line Extensinn Report
Append'ix M - Sketch Plan Agency Referral Letters
Mayf ly-Bend Ranch Subd'iuision Sketch Plan APPlication
Mayfly Bend Ranch
Subdivision
PreliminarY Plan
Apptication
Introduction
This application is a preriminary plan review for the subdivision of an existing 40 acre lot into
four (4) single family lots. The parcel l. ufpro*i'nately 40'61 acres in size' and is located along
County Road 100, approximately r mile eai of the Town of Carbondale (see Vicinity Map
attached as Exhibit ii. rm, pu...t is accessed via a recorded access easement which traverses an
uJloini"g property directly from County Road 100'
The application is organized in the following fashion:
1. lntroduction
2. Preliminary Plan ComPliance
3. ComPrehensive Plan ComPliance
4. ApPendices
The appendices are presented in the following fashion:
Appendix A APPlication Form
Appendix B Letter of Authorization
Appendix C Deed
Appendix D A/R/RD Zoning Text
Appendix E Geo-Technical RePort
Appendix F Water Supply lnformation
Appendix G Adjacent Property Owners
Appendix H Engineering RePort
Appendix I Covenants
Appendix J Radiation RePort
Appendix K Drainage RePort
Appendix L Sewer Line Extension Report
Appendix M Sketch Plan Agency Referral Letters
Maylly Bend Prelimiuary Plan
Garlield C o unE, C olo rudo
ROCK
ICREEK
STUOto
MayJly Bend Preliminary Plan
Garfield CountY, Colorado
PROPERTY DESCRIPTION
A majority of the property has been historically used for the production of hay and cattle grazifig'
There are several intermittent large stands of oid gowth Cottonwood trees throughout the
property, but in the center of the iot is a large paslure enclosed by barbed wire fence which
accounts for approximately 50 percent of ti'e site. The property is irrigated by irrigation ditches
which traverse the property from east to west. on the northeast corner, the property borders the
Roaring Fork River. The property is flat with very little relief. Each proposed lot exceeds the
requirement of at least one (i) contiguous acre oil.., than (forty) 40 percent slope' Building
envelopes and road alignments locations were based primarily on avoiding the removal of
,ignirrr*, vegetation and avoiding areas of potential wetlands'
ADJACENT LAND USE AND ZONING
The property is currently designated as "agricultural land" by Garfield county' Adjacent land
uses include agriculturai uses to the south-and east, with single family uses located to the west'
The Ranch at Roaring Fork is located to the north, across the Roaring Fork fuver' An Adjacent
Land Use MaP is shown on Exhibit 2'
The entire site is zonedAgricultural/Residential/Rural Density, which allows for two (2) acte
single-family residential lits. The zoning text for this zone district is included within the
appendices. The gross density of the "rii.. area (framed by the Town of Carbondale' State
Highway g2 and County Road 100 is in the range of one (1) unit per ten (10) acres' Zoning
oe-signations for the entire vicinity is shown on Exhibit 3.
COMPREHENSIVE PLAN DESIGNATIONS
The Garfield County Comprehensive plan has designated the entire area south of State Highway
g2 and north of county Road 100 as Low Density Residential, which requires ten (10) acres per
dwelling unit. This designation was primarily due to the flood plain constraints on the site' as
well as a desire on the part of the Town of Carbondale to retain a rural buffer along County Road
100. The Comprehensive Plan designations for the entire vicinity is shown on Exhibit 4'
The Comprehensive Plan designation was defined for the property based on part on the
environmental constraints to the property, including distance from central sewer facilities' the
100 year floodplain and depth to ground water'
ROCK
CREEK
gTUOto
PRELIMINARY
PLAN
COMPLIANCE
SUBMITTAL
REQUIREMENTS
The following discussion addresses the
submittal requirements for the
Preliminary Plan, consistent with the
Garfield County Subdivision Regulations currently in place. Direct cites from the Code are
shown rn ITALICS, and resporr., by the applicani demonstrating compliance are shown in
BOLD.
4.41 The preliminary plan submittal shall contain an applicationform, map (s), and required-
additional and'supplemental information. All documentation shall be of sufficient detail
and clarity to answer basic engineering questions and to permit evaluation of the
application. Detailed construction, ,igiirrring and d'esign plans will be developed at the
time of Final Plat submittal'
4.42 Map Scale
4.50 Preliminary Plan Map Requirements
RESPONSE: The Preliminary Plan Map is included within the Map Packet, and a reduced
version is shown as Exhibit 13.
4. 60 Additional Information
E. proposed terms of reservations or dedications of sites for public and/or common facililies
or use, if anY:
RESpONSE: The covenants describing the open space dedication are included within the
appendices. The covenants address the "Non-Development Easement", which is the legal
definition of areas outside of the allowable landscape envelope. The uses allowed within the
legally described lot but outside of the landscape envelope include the following:
ranch operations, including but not timited to, haying, irrigation, fencing, trail management'
Maylly Bend Preliminary Plan
Garfield CountY, Colorado
ROCK
CREEK
STUOto
fishing habitat management, pasturing of livestock. The covenants also include an
Architectural Contro-i and f.ignting Restriction component to ensure that the project in
complimentary to the adjacent residential uses. In addition, the covenants require re-
vegeiation witLin one (lf growing season for all areas disturbed during construction of
im-provements or Aweiin[ units. No trees can be removed from the site without the
approval of the Architectural Control Committee'
B. Description of Project Phasing, f anli
RESPONSE: The project will be constructed in a single phase, with all improvements
occurring with one (1) year of approval.
Evidence that all lots and parcels created have access to a public right-of-way, as required by
Colorado State Law;
RESpONSE: The existing easement agreement is included within the appendices. As shown
on the Site Plan, the applicant is proposing an alternative access easement following an
alignment that wilt not require extensive removal of vegetation. The easement for this
alignment wilt be recorded prior to Final Plat.
C. Total number of proposed offstreet parking spaces, excluding those providedfor single-
family residential uses ;
RESpONSE: Two (2) off-street parking spaces witl be provided on each single-family lot.
D. Evidence that all areas of the proposed subdivision, which may involve soil or
topographic conditions presenting hazards or requiring special precautions, have been
iir"iipia, and the proposed uses of these areas are compatible with such conditions;
RESpONSE: A Preliminary Geo-Technical Report is included within the appendices, and
the findings are discussed later in the application. The Report concluded that there are no
significant geologic constraints to the development of the property.
E. Radiation evaluationfor areas for potential radiation hazard to future land use;
RESpONSE: The project site is not considered to be located in a geologic setting that
would indicate high concentrations of radioactive minerals in the natural soils and
underlying rock formation. However, there is a potential that radon gas could be present
in the area. It is difficult to assess future radon gas concentrations in buildings before they
are constructed. Testing for radon gas levels could be done when the residences and other
occupied structures have been completed. New buildings are often designed with provisions
Maylly Bend Preliminary Plan
G arlie ld C ou n ly, C o I o rad o
ROCK
CREEK
9TUDIO6
for ventilation of lower enclosed areas should post-construction testing show unacceptable
levels of radon gas concentration. A letter from HP Geotech is included within the
appendices which support this finding.
F. A title commitmentfor the property to be developed;
RESPONSE: A Title commitment is included with in appendices.
G. If there is a subdivision of a section required, a coPy of thefinal worl<sheet shall be
providedfor approval by the County Surveyor'
RESpONSE: Following approval of the Preliminary Plan, the applicant will provide a final
worksheet prior to recording of a linal plat.
SUP PLEMENTAL INF ORMATI ON : GEOLOGY, SO IL, VEGETATION
4.70 Information on thefollowing characteristics of the area proposedfor subdivision shall be
,io*n graphicallyiand or by reports, whatever is appropriate, for a complete description
of existing conditions, and shall include:
A. Geology
B. Soils
RESpONSE: A preliminary Geotechnicat Study prepared by HP Geotech is included within
the Appendices. Based on this analysis, the report concluded that the property is suitable
for the proposed development based on geologic and geotechnical conditions. Geologic
hazards including the 100 Year Flood Plain and potential subsidence. All building
envelopes have avoided the 100 year flood plain. Preliminary Design Recommendations
included within the report include the following:
Foundations
Bearing conditions are similar throughout the project site. Based on the nature of the
proposed construction spread footings bearing on the natural sandy gravel subsoils should
be suitable at the building sites. Footings can be sized for an allowable bearing pressure of
3,000 pounds per square foot. Due to the shallow groundwater, foundations should be kept
relatively shallow for construction in the dry. Below grade crawlspace and basement areas
should be avoided. Foundation walls should be designed to span local anomalies. The
footings should have a minimum depth of 36 inches for frost protection.
Mayfly Bend Prelimiaary Plan
Garfield County' Colorudo
ROCK
CREEK
STUO\O7
Floor Slabs
Slab-on-grade construction should be feasible placed on the natural granular soils or
structural filt. To reduce the effects of some differential movement, floor slabs should be
separated from all bearing walls and columns with expansion joints. Floor slab control
joints should be used to reduce the damage due to shrinkage cracking. A minimum 4 inch
ini.t layer of free-draining gravel should underlie slabs-on-grade to facilitate drainage.
Surface Drainage
The grading plan form the subdivision should consider runoff throughout the project and at
individual sites. Exterior foundation backfill should be well compacted and have a positive
slope away from the buildings so that water does not pond within l0 feet of the building.
Roof downspouts and drains should discharge well beyond the limits of backfill.
Percolation Testing
percolation tests were conducted 05/15/00 to evaluate the feasibitity of infiltration septic
disposal systems at the site. One to two percolation test holes had been dug on each lot and
soaked by the client prior to testing. Toe soils exposed in the percolation holes are similar to
those exjosed in the pits shown on Figure 3 of the Geotechnical Report (see appendices),
and coniisted of auout % to I foot of topsoil and nil to I % feet of sand and silt overlying
relatively dense, stightly silty sand gravel containing cobbles and occasional boulders. The
percolation test results are presented on Table II of the Geotechnical Report. The test
iesults indicate infiltration rates betw een 7 and 15 minutes per inch. Based on the shallow
groundwater encountered on the site, mounded septic disposal systems will likely be needed.
a.Oditiooul testing should be conducted for design on the individual lots at the planned
disposal locations.
C. Vegetation
RESpONSE: A vegetation map was previously shown in Exhibit 9. The property is
dominated by mature cottonwoods, associated grass understory, and small outcrops of
willows that follow the existing ditch laterals. The siting of building envelopes and road
alignments have been based on avoiding signilicant removal of existing vegetation.
D. Wildlik
RESPONSE: The applicant has overlayed atl available information obtained from the
Colorado Division of Wildlife (CDOW) Wildlife Resource Inventory System (WRIS). The
WRIS data did not indicate any known nesting areas for Great Blue Herons or Bald Eagles,
Mayfly Bend Preliminary Plan
G arlield C ounty, C olo rado
ROCK
CREEK
lgTUOtO
however the entire river corridor is identified as habitat for both species. In
acknowledgment of the existing habitat, the applicant has preserved the entire river
corridor in its natural state.
No ..Critical Habitat" is located on the site. By digitatly overlaying the WRIS database with
Garlield County Geographical Information Data, the applicant has undertaken the level of
analysis required by the Code. This analysis concluded the property does include Mule
Deei Winter Range, and is in close proximity to Elk Winter Range (see Exhibits 6 and 7
previously presented in the application). Neither of these designations represent 6'critical
habitat,, nai iaentified in the Comprehensive Plan. The applicant intends on exceeding the
witdlife habitat expectations of the Comprehensive Plan by avoiding development in the 100
year flood plain, and providing passage-ways through the project by the defined open space
and prohibiting perimeter fencing of the lots and using the landscape envelope described
earlier. All fencing shall comply with CDOW standards.
SUP P LEMENTAL INF O RMATION
A drainage plan, at the same scale as the Preliminary Plan and prepared by an engineer
registered in the State of Colorado, shall depict the following information in graphic and/or
writtenform:
A. Existing water courses and lakes;
B. Limits of tributary areas, where practical;
C. Computations of expected tributary/lows; and
D. Design of Drainage facilities to prevent storm waters in excess of historic from entering ,
damaging or being carried by existing drainagefacilities, and to prevent major damage or
Jlooding of residences in a one hundred (100) year event, showing:
1. Area subject to inundation; and
2. Location and size of culverts, bridges, ditches and channels.
RESPONSE: Only a small portion of the site falls within the 100 year flood plain. AII
building envelopes are outside of this zone. A portion of the roadway at the north central
area of the subdivision, which provides access to Parcel 3 of the Day Subdivision Exemption
does encroach within the 100 year flood plain. Following approval of the Preliminary Plan,
the applicant will obtain a Special Use Permit from Garfield County priorto commencing
construction on this section of the access plan. The finished floors will be designed at a
minimum of one foot above the 100-year event. The existing drainage path for the subject
Mayfly Bend Preliminary Plan
Garfrcld Counly, Colo rodo
ROCK
CREEK
STUDIO9
site is generally from the southeast to the northwest at a I percent slope toward the Roaring
Fork River. The property is composed of two (2) drainage basins. The existing drainage
collects in drainage ditches and irrigation ditches scaffered throughout the property. The
drainage will not be changes except where it intercepts roadways, at which point it will be
diverted. Three (3) small lakes are proposed for the property. The drainage plan envisions
that the drainage on the site will pass through these water features with little disruption to
historic flows.
The drainage from the entire site generally flows to the northwest at about one (1) percent
slope, most of which is sheet flow that collects in drainage ditches. The location of the on-
site drainage will not have to cross any of the proposed roads on its normal path across the
property and so is not accounted form the volume calculations for culvert design (see
Appendix K).
Two (2) 46 acre off-site drainage basins lie to the southeast of the Mayfly Bend Ranch. Each
is mainly open space with vegetative cover with a one (1) percent slope to the northwest.
One basin drains into an irrigation ditch that crosses the site. The second drainage basin
drains into a drainage ditch that crosses the proposed Mayfly Drive South of the site but
does not flow across the site.
4.90 SUPPLEMENTAL INFORMATION: UTILITY PLAN
A. In all instances, evidence that a water supply, sufficient in terms of quality, quantity, and
dependability, shall be available to ensure an adequate supply of waterfor the proposed
subdivision. Such evidence may include, but shall not be limited to:
1. Evidence of ownership or right of acquisition or use of existing and proposed
water rights;
RESPONSE: The applicant has included Basalt Water Conservancy District Water
Allotment Contract No.368 and well permits within Appendix F.
2. Historic use and estimated yield of claimed water rights;
RESPONSE: The property has not previously used domestic water on the site.
3. Amenability of existing rights to change in use;
RESPONSE: Not Applicable
4. Evidence that public or private water owners can and will supply water to the
Maytly Bend Preliminary Plan
Gartield Couaq4 Colorado
ROCK
CKEEK
STUDIO10
proposed subdivision by such providers, thefeasibility of extending service to the
area, proof of the legal dependability of the water system and the representation
that all necessary water rights have been obtained or will be obtained or
adjudicated, prior to the submission of the final plat; and
RESPONSE: Not Applicable
5. Evidence concerning the potability of the proposed water supplyfor the
subdivision.
RESPONSE: The applicant has obtained a letter from a Registered Engineer physical
supply of the aquifer in the general area. A well on the property has been tested for
physical s'upply and water quality, and the results have been submitted to Garfield County
under a separate cover.
D. If individual systems shall be provided by lot owners, a report indicating the availability
of ample potable ground water at reasonable depths throughout the subdivision and the
expected quality and long-term yield of such wells, with the written report by a registered
professional engineer licensed by the State of Colorado, qualified to perform such work;
and
RESPONSE: See Prior Response
E. If applicable, a Plan of Augmentation and a plan for subdivision water supplies, as
required by law, with the supporting engineering work signed by a Colorado registered
engineer, shall be submitted by the applicant, even if the applicant is not the actual
supplier of water.
RESPONSE: The Augmentation Plan is included within Appendix F.
4.92 A sanitary sewage disposal plan, at the same scale as the Preliminary Plan, shall provide
thefollowing information in graphic and/or writtenform:
Mayfly Bend Preliminary Plan
GarJield County, Colorado
ROCK
CREEK
STUOIO11
D.If no central sewage treatment worl<s is proposed and individual sewage disposal systems
will be utilized, a description of sewage, the disposal means, as well as evidence as the
result of percolation tests and produce excavations to determine maximum seasonal
ground water level and depth to bedrock shall be provided; In addition:
Indicated by location on the plat;
Performed and signed by a registered engineer licensed in the State of Colorado;
Adequate in number and location to meet requirements of the Garfield County
Individual Sewage Disposal Requirements and the Colorado Department of
Health, Water Quality Control Commission; and
The use of engineered ISDS systems are included within Appendix H.
1.
2.
3.
RESPONSE:
Percolation tests are shown within the Geo-Technical Report within Appendix E.
E. If individual sewage disposal systems are to be utilized, a proposed management planfor
the operation and maintenance of on-site systems shall be provided.
RESPONSE: An ISDS Management Plan included within Appendix H.
9.0 DESIGN STANDARDS
RESPONSE: All lots and streets within the subdivision are consistent with all applicable
Garfield County land use regulations and standards.
Maytly Bend Preliminary Plan
Garfield Counly, Colorado
IROCK
CREEK
STUDIOt2
Comprehensive Plan
Compliance
The following discussion addresses all
applicable goals, objectives and policies ofthe
Garfield CountyComprehensive Plan of 1995
- Study Area 1. Direct cites from the
Comprehensive Plan are shown in italics, and
the applicant's response is followed in bold.
Housing
GOAL
To provide all types of housing that ensures
opportunities which are designed to provide safe,
with and that protect the natural environment.
POLICIES:
current and future residents equitable housing
efficient residential structures that are compatible
2.1 The County, through the development of regulations, shall providefor low and moderate
income housing types by allowingfor mixed multifamily and single-family housing in
appropriate areas throughout the County.
RESPONSE: This site, due to its environmental constraints and rural nature, is not
appropriate for multi-family development.
2.2 To include an assessment of the impact ofpresent andfuture subdivisions in both incorporated
,and unincorporated portions of the County during the subdivision review process.
RESPONSE: The project complies with the most significant impacts associated with
subdivisions in the County. Traffic impacts are minimal, the project has avoided areas with
significant environmental resources.
2.3 Major access ways, topographicfeatures, open space and other undeveloped land will be used
to separate residential uses from industrial and commercial centers.
RESPONSE: All adjacent land uses are residential in nature.
Mayfly Bend Preliminary Plan
Garlield County, Colorado
IROCK
CREEK
STUDIO13
_-:.1
3.1
2.4 Solar orientation that allowsfor both passive and active designwill be strongly encouraged in
the design review process and will not be restricted by protective covenants.
RESPONSE: The design of the project and lot layout allows for ample use of solar energy.
2.5 The Garfield County Zoning Resolution will address the issue of potentially conflicting uses
within each zoning designation that allows for residential and non-residential land uses.
RESPONSE: Not Applicable
3.0 TRANSPORTATION
GOAL
Ensure that the County transportation system is safe, functional, appropriately designed to handle
existing and anfuture trffic levels and includes optionsfor the use of modes other than the single-
occupant automobiles-
OBJECTIVES:
To encourage the development of a regional public transit system that respects the interaction
between emerging land use patterns and travel behavior in the vatley.
RESPONSE: The property is not located adjacent to the railroad corridor, and it is not likely
that fixed route transit would be implemented by the Roaring Fork Transit Agency. Therefore,
no public dedications or regional transit facilities are being proposed by the applicant.
3.2 To encourage the use of modes other than the automobile.
R"ESPONSE: There are no transit opportunities adjacent to the project, and no bicycle facilities
are proposed along County Road 100.
Proposed developments will be evaluated in terms of the ability of County roads to adequately
handle the trafic generated by the proposal.
RESPONSE: County Road 100 is not considered by the County or the Town of Carbondale as
a road that is exceeding its current ability to handle existing or future traffic levels in this
corridor.
Mayfly Bend Preliminary Plan
GarJield CounE, Colorado
KOCK
CREEK
9TUDIO
3.3
l4
3.4 Proposed developments will include designs that will reduce adverse impacts on adj acent land
uses, respect natural topography and minimize driving hazards'
RESpONSE: Adjacent land uses include relatively low density uses associated with the
historical residential development along the county Road 100 corridor. The proposed density
and layout are consistent with these usJs. AII of the building envelopes are located behind or
screened by existing tree masses, and will not be visible from adjacent residential units or
County Ro"a f OO. T-he site is relatively flat, and the existing topography will not be substantially
altered. The access point along County Road 100 was chosen in part to intersect at the point
of maximum sight Iines to the east and west'
3.5 Proposed developments will provide a minimum number of access points on
through and highwaY corridors.
RESPONSE: As cited above, only one (1) point of access is proposed from county Road 100'
proposed commercial and industrial development will direct access to roadways capable of
handling projected trffic.
RESPONSE: Not APPlicable
3.7 Street extensions will be required to occur in a logical manner.
RESpONSE: No extensions of public right-of-ways are proposed within the Mayfly Ranch
subdivision.
POLICIES
3.2 Developments are encouraged to integrate bikeways, pedestrian circulation patterns and
transit amenities into project design.
RESpONSE: There are no existing or proposed bicycte or transit facilities adjacent to the
site. Riding and walking trails will beestablished for the use of the lot owners, linking the
riverfront, open pastures and wooded areas of the property. This comprehensive trail design
will provide ior the unimpeded movement of witdtife and livestock within the developed area,
and outdoor recreational activities of the owners.
Maylly Bend Preliminary Plan
Garlield C ounty' Colo rado
KOCK
CREEK
9TUDIO
3.6
15
5.1
5,0 RECREATION AND OPEN SPACE
GOAL
Garfield County should provide adequate recreational opportunities for County residents, ensure,
o""Lr, rc pubiic lands consistent with BLM/USFS policies and preserve existing recreational
opportunities and important visual corridors.
OBJECTIVES:
Encourage the location of active recreational opportunities are accessible to County
residents.
RESpONSE: The proposed project is at a scope that does not require active recreational
opportunities. As mentioned above, the applicant is proposing an extensive trail system for
use by residents of the subdivision.
The County will support and encourage the creation of open space, through the-
developmint and implementation of zoning, subdivision and PUD regulations designed to
retain and enhance existing open space uses'
RESpONSE: The project includes over fifty (50) percent of the property in open space uses
in common ownershiP.
5.3 Access to public lands will be expanded and maintained.
RESPONSE: The site has no common boundary with public lands.
5.4 Rafting andfishing accesswill be strongly encouraged during the development review process.
RESpONSE: public access to fishing and rafting along the Roaring Fork frontage under the
control of the applicant is allowed for anyone who is legally in the River as it passes through the
site, however public access from County Road 100 is not practical due to the approximately %
mile distance through private property.
MayJly Bend Preliminary Plan
Gartield County, Colorado
ROCK
ICREEK
lEruoto
5.2
t6
5.3
POLICIES:
5.1 Developments that propose densities above one (1) dwelling unit per acre and exceed 50
dwelliig units will'be required to provide adequate recreational opportunities to sertte the
residenis of the project. Alternatives for meeting this requirement will be defined in the
Subdivision Regulations.
RESPONSE: Not APPlicable.
5.2 Important visual coryidors will be identified and appropriate policies developed to address the
retainment of open space areas that link communities in the counry.
RESpONSE: The entire property is located within the State Highway 82 corridor that was
defined in the 1995 Comprehensive Plan. The proposed layout of the subdivision was based on
part on limiting the visual impact of the project from State Highway 82 and County Road 100.
^qJt Uritairg envelope. u.. o.rll.d behind existing tree stands, and Iittle or no vegetation will be
removed during the development of the property.
Ifphysically possible, subdivisions and PUDs Will be encouraged to design open space areas
to become contiguous with and proposed open sPaces adjacent to the proiect.
RESpONSE: The location of the proposed open space and the location of the proposed buitding
envelopes is designed to retain the open space and rural buffer between the site, adjoining
property owners and the view shed from County Road 100.
5.4 Consistent with the management objectives of either the Bureau of Land Management or the
(J.5. Forest Service, development next to public lands will be encouraged, but not required to
provide public access easements without the use of condemnation processes.
RESPONSE: No federal lands are adjacent to the property.
5.5 With the cooperation of the Division of Wildlife, developments proposed in areas next to
streams or rivers with rafting orfishing potential should dedicate easementsfor public access
to these areas.
RESPONSE: See earlier response addressing public access plans for the site.
5.6 In order to encourage public access to rivers, streams and public lands, the County will be
receptive to incentives, consistent with an overall program approved by the Board of County
Commissioner's, for developments that propose public access to these amenities.
Maytly Bend Preliminary Plan
Garfield Counly, C olorado
ROCK
CREEK
STUO\Ot7
RESPONSE: See Prior response.
5.0(A) OPEN SPACE AND TRATLS
GOAL
Garfield County shall develop, adopt and implement policies that preserue the rural landscape of the
Roiring Fork Valley, Ratn! agriiultural ises, wildlife habitat and reteational opportunities in a
mutually beneficial manner that respects the balance benueen private property rights and the needs
of the communitY.
OBJECTIVES:
5.1 (A) To ensure that existing agricultural uses are not adversely impacted by development
approved by Garfield CountY.
RESpONSE: The proposed building envelopes have been established in part to ensure the
integrity of adjacent agricultural land uses.
5.2(A) To ensure that wildlife habitat is a component of the review process and reasonable mitigation
measures are impoied on projects that negatively impact critical habitat;
RISPONSE: No critical habitat is located on the site, however all reasonable recommendations
from the Division of wildlife will be adopted by the applicant.
POLICIES:
5. I (A) All projects approved adjacent to existing agricultural uses shall be required to mitigate any
adverse tmpiits. These mitigation measures shall include some or all of thefollowing:
Appropriate buffering of building envelopes from common Property
boundaries.
The use of open space to provide additional buffering;
Dog restrictions. including limiting the number of dogs and requiring kenneling, prior to
issuance of a Certificate of Occupancy.
RESpONSE: Atl suggestions by the Division of Wildlife, including building envelope
placement, open .pu..locations, fencing restrictions, access points to the river and dog
restrictions shall be adopted by the applicant.
Mayfly Bend Preliminary Plan
Garfield County, Colorado
ROCK
CREEK
STUDIO
A)
B)
c)
18
5.2(A) Developers proposing projects located in areas defined as critical habitat by the Colorado
Division of Wildlife WNS database will be required to propose mitigation measures during the
submittal of proposed projects. Mitigation measures shall include the following:
a) Fencing and dog restriction consistent with DOW recommendations;
b) Avoidance of critical portions of the property, through the use of building envelope
restrictions or cluster development concepts,
c) Conservation easements.
The Board of County Commissioners shall have the authority to approve or reiect proposed
mitigation.
RESPONSE: All suggestions by the Division of Wildlife, including building envelope
placement, open space locations, fencing restrictions, access points to the river and dog
restrictions will be adopted by the applicant.
7.0 WATERAND SEWERSEft VICES
GOAL
To ensure the provision of legal, adequate, dependable, cost effective and environmentally sound
sewer and water services for new development.
OBJECTIVES:
7.1 Development in without adequate water and sewer service will be required to provide
adequate and safe provisions for these services before project approval.
RJSPONSE: The project will utilize individual wells and engineered ISDS systems.
Information regarding water supply and ISDS requirements are included within the
appendices.
7.2 Development located adjacent to municipalities or sanitation districts with additional capacity
will be strongly encouraged to tie into these systems.
RESPONSE: The project is not located adjacent to Carbondale, or any other sanitation district.
Mayfly Bend Preliminary Plaa
Garfield Coungt, Colorudo
ROCK
CKEEK
STUDIOt9
7.5
7.4 Development will be required to mitigate the impact of the proposed project on existing water
and sewer systems.
RESPONSE: The project will have no impact on existing water or sewer systems.
Garfield County will strongly discourage the proliferation of private water and sewer
systems.
RESPONSE: Due to the size and location of the proposed project, tying into existing water
and sewer systems is not practical, and no private system is proposed.
7.6 High-density development, defined as exceeding one (t) dwelling unit per one (l) acres, will
be required to assess the potential of connecting into existing central water and sewer
facililies.
RESPONSE: Not Applicable
POLICIES:
7.2 Where logical, legal and economic extension of service lines from an existing water and/or
sewage system can occur, the County will require development adjacent to or within a
reasonable distance, to enter into the appropriate agreements to receive service. The burden
of proof regarding logical, legal and economic constraints will be on the developer.
RESPONSE: The location and scale of the development does not present either a logical,
legal or economically feasible method of extending water or sewer lines to the site.
8.0 NATURAL ENVIRONMENT
GOAL
Garfield County will encourage a land use pattern that recognizes the environmental sensitivity of the
land, does not overburden the physical capacity of the land and is in the best interests of the health,
safety and welfare of Garfield County.
OBJECTIVES:
8.1 The County of Garfield reselyes the right to deny a project based on severe
environmental constraints that endanger public health, tof"ty or welfare.
MayJly Bend Preliminary Plan
G a rJie ld C o u n ly, C o lo rado
ROCK
CREEK
9TUDIO20
RESpONSE: The applicant has avoided all geotechnical, excessive slope, 100 year flood
plain and witdlife habitat to the maximum extend possible'
8.2 proposed projects will be required to recognize the physicalfeatures of the land and design
projects in a manner that is compatible with the physical environment.
RESpONSE: The project has been designed to avoid impacts to all natural features on the site.
Building envelopei are confined to the 100 year flood plain to minimize impacts on riparian
resources. No development is proposed in areas with excessive slope. Open space areas have
been based on protecting, to the maximum extent possible, important viewplanes from State
Highway 82 and County Road 100.
8.3 Garfield County will ensure that natural drainages are protectedfrom alteration.
RJSPONSE: The applicant has avoided all impacts to natural drainages as possible.
POLICIES:
8. 1 Garfield County shall discourage and reserve the right to deny development in areas identified
as having severe environmental constraints such as active landslides, debris flows, unstable
slopes, bedrock slides, major mudflows, radioactive tailings, slopes over 25 percent, riparian
areas and wetlands and projects proposed within the 100 yearflood plain-
RESPONSE: The property has avoided all known geotechnical and geologic constraints,
excessive slopes, riparian areas, wetlands and the 100 year flood plain (See Geotechnical Report
in the appendices).
8.2 Garfield County shall discourage development proposals that require excessive vegetation
removal, cut and fill areas or other physical modifications that will result in visual
degradation or public safety concerns.
RESPONSE: See earlier response.
8.3 Natural drainage patterns will be preserved so the cumulative impact ofpublic and private land
use activities will not cause storm drainage andfloodwater patterns to exceed the capacity of
natural or constructed drainageways, or to subject other areas to an increased potential for
damage due to flooding, erosion or sedimentation or result in pollution to rivers or other
natural bodies of water.
RESPONSE: Alt building envelopes have avoided the 100 year flood plain, a drainage plan is
included within the Engineering Report (see appendices).
MayJly Bend Preliminary Plan
GarJield Cou nty, Colorado ROCK
CREEK
9TUO\O2l
8.4 The County will require development with riverfrontage to address the issue through physical
design in a way which will protectfragile wetlands and scenic resources and protectflood plain
from encroachment.
RESPONSE: The project has been designed with a great deal of care for the adjacent riparian
areas associated with frontage on the Roaring Fork. Building envelopes have been excluded
from the 100 year flood plain, important wetlands have been preserved as open space or are
located outside of building envelopes.
8.5 The County will discourage development in areas where severe soil constraints cannot be
adequately mitigated.
RESPONSE: All areas of significant soil constraints have been avoided to the maximum extent
possible (see Geotechnical Report within the appendices).
8.6 Garfield County will protect critical wildlife habitat needed by state and federally protected,
threatened or endangered species. Development within these designations that cannot be
designed, constructed and conducted so as to have a minimum adverse impact upon such
habitat or these wildlife species. shall be discouraged however, it is the intent of this policy. that
no private landowner lose the ability to develop his/'her land without fair compensation as a
result of owning significant wildlife habitat.
RESPONSE: AII recommendations from the Division of Wildtife will be followed by the
applicant.
8.7 Garfield County will require development on lands having moderate or minor environmental
constraints to mitigate physical problems such as minor roclcfalls. 17 to 24 percent slopes,
minor mud/lows, potential subsidence, high water tables, slow percolation, radioactive soils
and/or corrosive and expansive soils.
RESPONSE: The applicant has avoided all known environmental constraints. The applicant
has utilized all available Garfield County Hazard Mapping in the Design of the project. The
Geo-technical report concluded that the project can easily mitigate for all known hazards on the
site.
Mayfly Bend Preliminary Plan
GarJield County, Colorado
22 #fl9iff;
t
I
t
I
t_
MayFly Bend Ranch
Prel iminary Pl an ApPlication
AppendixA
ApplrcationForm
@IHE[-rec.fltntn
36 N. Fourth St.
Carbondale, CO 81623
970.963.1971(P)
e70.963.1622(f)
www.otak.com
I
I
I
I
Sket-ch BlanPr eI imlnarY
Final
SUBDIVISION APPTICATION FORM
PIan XPlat
SUBDIVISION NA}{E:
OWNER:
ENG I N EER/PLANNER/S URVEYOR :
LocArroN: sect i"^ 3, + 9b rownshipl 9 Ranse
wArER souRcn, lt{}nVtP'fr- \tEll'b ,
sEwAGE DrsposAL MErrroD, fAglrJlg.*W 19tr9
Floor Area
Acres
Acres
Z, .tr I
4o.k \
Number(1)q l1.o
sq. ft.
sg. ft.
publ ic,/Quas i -Publ ic
(5) oPen Space/Common Area
TOTAL:
PARKING SPACES:
.e s id en r i, r z 112r. ui'ttT
commerciat H/A
rndustr ia, |l/JL
puBr,rc ACcEss vrA: COrrHf\ FalP I OO
EXISTING zoNING , AIZI9T
EASEMENTS: UtiIitY
Ditch
rorAl DEVELoPMENT AREA: 4o.u | )146;t
(21
(3)
(4)
Residential
Single FamiY
DupIexMuIti-familY
Mobile Home
Commercial
Industr iaI
bt_lDFr,/
t
I
t
lr
ll
MayFly Bend Ranch
PreliminarY Plan APPlication
Letter ofAuthonzation
AppendixB
ROCK
CREE K
iSTUDIO
Prepared bI,ffi
36 N. Fourth St'
Carbondale, CO 81623
970.963.1971G)
9?0.963.1622 (0
www.otak.com
T
I
I
t
t
I
I
I
I
,|,
I
I
I
Iuly 12,2000
Mr. Mark Bean
Director of Building and Planning
Garfield County
109 8n Street
Glenwood Springs, CO 81601
RE: Letter of Authorization Mayfly Bend Ranch Subdivision
Dear Mark:
This letter will serve as authorization for Dave Michaelson of Otak Rock Creek Studio to represent my
interests in all matters pertaining to our Preliminary Plan submittal. If you have any questions, please call
Dave directly at 963 .1971 or 948.1479 .
Sincerely,fu14
George R. Kilby
505 Sandy Lane
Anniston, AL 36207
I
f'Itt.MayFly Bend Ranch
Prel iminary Plan Appli cati on
Appendix C
Deed
#&ffiIHE[.rrnry[ffi5TuDr0
36 N. Fourth St.
Carbondale, CO 81623
970.963.1971(p)
970.963.1622(f)
www.otak.com
t
t
t
t
l
t'
t
L
It-
Prepared by
. t-aa.. rrrrr rrrtil rrr rrlll trllrl llllll tll lllll llll ltrl
557355 72/30/1999 7oz46A 81166 ?92O n RLSD0RF
1 of 3 R 15.00 D 79.19 GRRFIELD COUNTY COI
I
I
I
T
WARRNXTY pEEq.TO J.OrMr TENANTS
This Deed is rnade thi-s 30th day of December, 7999, between
DENNIS GERBAZ, as sole actirrg trustee of the NILE GERBAZ CHARITABLE
REMAINDER UNITRUST as Lo an undividcd one-half int-erest and DENNIS
GERBAZ as sole acting trustee of the DENNIS GERBAZ CHARITABLE
REMAINDUR UNITRUST as to an undivided one-ha1f interest, GRANTORS,
and GEORGE R. KILBY and FARLEY S. KTLBY, as joint tenant.s, whose
lega] address is 505 Sandy Lane, Anniston, AL 36207, GRANTEES,
W]TNESSETH:
GRANTORS, for the sum of seven hundred ninety-one thciusand,eight ht:rrdred ninety-five and nol100 do1lars, the receipt andsufficiency of which is hereby acknowledged, have granted,
bargained, sold and conveyed, and by these presents do ,grant,
bargain, se]I, convey and confirm unto GRANTEES, the survivor of
them, and their successors and assigns forever, that tract of land
.located in Garfield County, Colorado and described on E)(HIBIT rrAI
[1 paq'e] atbached hereto and incorporated herein by reference. Saidtract of land is vacant land and has no address. Hereinafter calledthe "Property".
TO HAVE AND TO HOLD THE PROPERTY, Logether with al-1 easements
and rights of way appurtenan't Lhereto including nonexclus:ive 60
f oot road easement particularly described on EXEIBfT rrA" t-o provi de
access from Count-y Road 100 across remaining Iands of GRANTORS tothe Property w-i"th the right to construct, repair and maintain a
roadway thereupon, and all and singular the hereditaments and
appurtenances t-her:eunto belonqing, or in anywise appertaining andthe reversion and revers--Lons, remainder and remaindersr:rentsrissues and profits thereof; and aII the estate, right, t5-tIe,interesE, clairn and demand whatsoever of the GRANTORS in and to the
above bargained premises, unto GRANTEES, in joint tenancy, the
.survivor of them, and Eheir successors and assigns forever.
TOGETHER WITIi aII of Grantors' right, titl-e and interiest- in
and to all ditch ancj water rights appurtenan'[ to or used upon or in
connection with the Property, including 23.58 of a \ interest inthe Slough Di'tch with the water and ditch rights appurtenant
Lhereto, hereby conveyed without any covenants of warranty.
TOGETIIER WITH a-l.I of Grantors' right, title and interest in
and to any oil, gas and minerals in, on or under the Property and
not heretofore reserved or excepted, and any orrtstanding leases
thereof, hereby conveyed wit-hout- any covenants of warranty.
C,;RANT'ORS covenant and agree with GRANTEES, Lhat- at- the time of
t.tre executi.olr and <Je-livery of this DEED, GRANTORS are wel.l :seizedof the Pr:operty; have good, sure, .rbsolr-r't-e and irrdef easible estaIeof inheritance, in Iaw, in fee simple,' have good right, fuII power
and lawful authority to granL, bargain, sell and convey Ehe same int-his manner,' and tiiaL the same are free and clear from all other
H
Nt
I
I
t
t
I
I
417
i,it
T
r
I
I l!]ll llltl !ttlll llll !lttl llllll llllll lll rlll! llrl l!-!l'ss{gss 1it3o/799s 10:464 81166 P92t 1'l RLSDoRF
2 ol 3 R 15.OO D 79.19 GRRFIELD COUNTY C0
I
I
I
I
I
t
grants, bargains, salesr. leases, 1iens, taxes' dssessments'
6ncurnbr:ance.s and restri ctions of whatever kind or natu::e, except
and subject only to: prior reservations and exceptions of record of
"if, gai and other minerals or mineral riqhtsi qly outstanding oil
,r. ga6 lease; the general property taxes. for L999, which have been
ipp5rtioned betwe"i the paltils to Aate hereof and whlch are being
pliO from the closing proceeds when due; U.S. patent reservations
I"O exceptiorrs; all recorded or existing rights of way and
easementd for any purpose encumbering the Property; Surveyor's
notes, easemenf s -an^O figf,ts of wdlr . re-strictions, reservati-ons,-ovenants, linritations, and any other items discl-osed by the
aounOary Split survey plaL of the Property prepared b.y- Scarrow and
Walker Incorporated, - r^eqistered land surve-Yors, dated. Decembet 27 ,
1999; and nuifOinq and 2oning, wetlands, Iand use and subdivision
regulations inO -
"ff other governmental laws, regulations,
resolutior," ,.,d resLrictions of any kind at any governmental 1eve1
Except as to the matters seL forth in the preceding paragraph,
GRANTORS shall WARRANT AI.ID FOREVER DETEND the Propert-y in the quiet
"nO p"r"eabl-e possession of GRANTEES against all and every person
o.-pLr"on" lawiully clairning the whole or any part thereof'
IN WITNESS WHEREOF,
as of the date set forth GRANTORS have executed this WARRANTY DEED
above.
)
)
/,1,u /,
I
I
I
I
I
Il
T
DENNIS GERBAZ, as sole acting trustee of the NILE GERBAZ CHARITABLE
REMAINDER UNIT'RUST, GRANTOR
Dennis
DENNIS GERBAZ, ds sole acting trustee of Ehe DENNIS GERBAZ
UNITRUST, GRANTOR
Dennis Gerbaz stee
ACKNO9II,EDGMENESTATE OF COI,ORADO
COUNTY OF GARFfEI,D s-s.
The foregoing WARRANTY DEED TO JOINT TENANTS was acknowledged
before me rhi: 3d! aay of December t 7999 bv DENNTS- GEIF-l1r--3l
sole actjng tiffi of the NrLE GERBAZ CHARTTABLE REMATNDER
uilif*uti,'ciemoR and by DENNTS GERBAZ, ds sole acting-trustee of
thC DENN]S GERBAZ CHARITABLE REMAINDER RUST, GRANTOR
WITNESS my hand and officiaf se
commission' exPires:
ilzqlct bI ic
anty Deed to iloint Tenants - Page
.. -/./C. ,;
-cy'n',:t.
ffot**,e'+_Y.r l:o
inose MARIEi,Ft9Str MANIE:i oeonoE j
ffi:.'=^;';,9-or coy fu'lrd'u*-L i;':5 u) lkrift;)il/
l_irr" ,oo. es'2o32
EXHIBIT IIAII
A parcel of land siLuaced in Government Lots 7, B, L2, L3 and 18 in
Section 35, and in GovernmenL l,ots 14 and 15 in Section 36, Township
? Sout.h, Range BB West of the 6TH Principal Meridian, County of
GarfieId, State
foJlows:
of CoLorado, being more particularly described as
Beginning at a point. on an existing fenceline from which Lhe witness
corner for the South QuarEer Corner of SecLion 35, a No. 5 rebar
found in place bears Sout.h 35031-'57 rt l,lest a distance of 3]-55.83 feet;
thence North 7lo}5'34" East a distance of 20.L9 feet to a No. 5 rebar
at the southerly line of Parcel 2 of Ehe Day Subdivision Exemption;
Ehence North 89o38'O0r' EasE along said southerly 1ine, a diptance of
38.34 feet. to a rebar and cap, p1s # 2751-3 at, the Southwest, corner ofparcel- 3 of the said Day Subdivision ExempEion; thence North
89038,OOr East along the southerly line of said Parcel 3, a distance
of 3'?4,37 feet Eo a rebar and cap, Pls # 26950 on Ehe sout,herly line
of said Parce} 3; thence NorLh 89020'5'7't East a distance of 287.67
feet along said southerly line Lo a rebar and cap, pls # 276L3 at the
Southeast corner of said Parce1 3; t.hence NorEh 22004 '54rr, EasE a
distance of 65.34 feet. along Ehe easLerly line of said Parcel 3 t,o a
rebar and cap, pfs # 276L3; thence North 1,3022'4811 East. along said
easterly line, a distance of 76.62 feet along said easEeply line;
thence South 58"35'45'r EasE along said east.erly line a distance of
68.'78 feet to the secLion line common Lo Sections 35 and 35; t.hence
South 00033'05rrEast, along said sect.ion line a distance of L3.99 feet
to the Nort.hwest corner of Government Lot 14 in SecEion 36; thence
Nort.h 89053'49'r East a disEance of L2LO.49 feet, to a rebar and cap,
pls ll 26950; thence South a distance of ?40.00 feet to a rebar and
".p, pls # 26950; thence Sout,h '72044'29n West a dist,ance of 264.93
feet. to a rebar and cap, pls # 26950; thence South 3Oo22'3O West a
distance of 25L.43 feet to a rebar and cap, pls # 26950i thence NorCh
89058,08" West a discance of 42O.28 feet to a rebar and cap, PIs #
25950; thence North 65019'O5'r West a disLance of 252.L2 feet. t,o a
rebar and cap, p1s # 26950; thence NorCh'78029'52I West a dist.ance of
277.45 feet. Eo a rebar and cap, pls # 26950; Ehence Sout,h 66oL2'L6tl
West a distance of 185.69 feet. to a rebar and cdP, p1s:# 26950;
thence Nort.h 62009'01'r West a distance of 155.55 feeE Eo a rebar and
cdp, pls # 25950; thence North 7Bo3L'4'7 tr West a distance , of 82.93
feLC Eo a rebar and cap, pls # 25950; thence North 55o12t47it West a
disgance of 389.37 feec Eo a point on a fenceline being a rebar and
cap, pls # 26950; thence along said fenceline NorEh 00040'O?r'East a
dist.ance of s85.59 feet TO THE POINT OF BEGINNING.
Together with a 60 foot road easement locat.ed in Lot 15 of Sect.ion
36, Township 7 South, Range 88 West of the 5Th P.M., County of
Garfield, State of Colorado, the cenLerline of said easement being
more part.icularly described as f oIIows:
Beginning at a point from which the wituess corlter for Lhe South
Quarter Corner of said Section 3 5 bears Sout,h 86025' 13rr West a
di=Crrr." of 332'1 .57 f eet; t.hence North 08o23'59'r EasE a distance of
lltg .-tB feet; thencc North 00o0L'52 " East a disEance of 328 .76 f eet
to a point. which is the Lerminus and from which the wiEness corner
for: t-he Sout.h Quarter Corner of Section 35 bears South 64024'42t' WesE
a clisEance of 3808,84 f eet.
Es
EE;lEsE
-o)
()IG
EgE
EgI
h
EQsIOrcllJl
E;;
F*:
T
t
T
t
I
t
T
I
t
I
t
I
I
i
MayFly Bend Ranch
Preliminary Plan APPlication
AppendixD
A/R/RD
WIHE[-
=ffi=,_,_,,,_,36 N. Fourth St.
Carbondale, CO 81623
970.963.1971(P)
e70.963.1622 (f)
www.otak.com
('
'.
Prepared bv
I
3.02
3.02.01
A/R/RD .. AGRICULTURAURESIDENTIAURURAT DENSITY
ffJf,, ti* rilui#as Produced on the lot;
Cuiding and oudtting, and Park;
Single-family dwelling and customary accessor.v uses' (A' 85-09)
Accessorv drrelling unit approved as a part of a public hearingor meetine on a subdivision
or subd.ii,ision exemption or guest nouse sieci"l ,*-6p;ot'At after 7193 and meeting the
itanaards in Sectiou 5.03.02'
Boardine or rooming house, stu-di-o for conduct of arts and crafu, home occupadon' water
i-po*aio."s. (A. 8-5-09;87' 108)
Uses. special: Airport utilitv, feedlot.as princiOal use of the lot' crematorium' agiculture'
related busrness. r.rbii'(l,i".f;dit'g ilEt , -a veterinar.v clinic, shooung range
facilir(A.98- 108);
Two-famiiydryellin-e,-c.gEPerputh:lti-lqandtrails;broadcastinssnrdio'communication
facititu,coriectionsrt"lffi ,t"#ffi$;s;;intef "+'n'.*i#if"r;H:,f it-Ztf,sgi
golf pi'ifiice rangs and
l l2)
hrblic Atherings; st-orage of oil and gas drilline eguipmen1 Site for ortraction' processing'
storage or matenal d;=J;;;l;;;il r;^**iliiekeationaisuDDon facilities and guest
horsel(A.7e-132;80#ffi-1[b':fdiE;81"'I4i ii:ilfi-; t+'a; 86'-p; 86-84; 86-106; 87-
Ts)
Accesscrry dw'elling unit meting th9 standards in SecUon 5'03'02 for any lot not created after
a public hearing or Eesttng atter t tv) '
Kennel
lvtinimum Lot Area: Two (2) acres'
Marimum Lot Coveraee: Fifteen Percent (15%)'
Minimum Setback:
(1) Front vard: (a) arteriai str€ts: swentv-five-(15) fqt from street centerline or fiftv (50)
i#t from tout lot line, w'hrchever- is great&;-Oifi4 str€ts: .Efly (?0) feet from stret
cetrterline o, n *ry-frit t2siT;Jiiom-toot lbi line, whichsvsr is greater:
(2) Rear yard: Tw'enw-five (25) feet from rear lot line:
(3) Side vard: Ten (10) feet from side lot [ine, or one-half (1i2) the height of the principal
iuilding,'whichever is grcat€r.
lvlaximum Heieht of Buildinss: Twentv-five (25) feet'
I
T
T
3.02.02 Uses.
=
conditignal: 4gq$ 1+-9Pq :*;ffiffl; g-oilplome for the elderlY'lA'
lD. CDU
9i-oo)
church, ssmmrrniiv buiidings, day nuuser-v and
I
I
T
I
3.02.03
3.02.04
3.02.05
3.02.06
3.02.07
3.02.08
o
I
I
I
t
I
T
h
lI
Add.itional Reqqiremgnts: All uses shall be subject to the
(Sppiementary R-e grlauons ).
l9
r:nder Section 5
MayFty Bend Ranch
Preliminary Plan APPlication
AppendixE
Geo-Technical RePort
Prepared b],
ffis$HEu
36 N. Fourth St.
Carbondale, CO 81623
970.963.1971(P)
97O.e63.t622 (f)
www.otak.com
I
t
I
I
I
I
T
I
I
t
t
)
I
I
I
T
T
Il
I
fleoworth-Pawtak Geotechnical, Inc.
50i0 Countv Road 154
Glenwood Springs, Colorado 81601
Phone: Y70-945-798E
Fax:970-945-M54
hpgeo@hpgeotechcom
PRELIMINARY GEOTECHMCAL STUDY
PROPOSED 4 LOT SI]BDT.USION
MAYFLY BEND RANCH
EAST OF CARBONDALE
GARFIELD COIJNTY, COLORADO
JOB NO. L09 412
JIINE 16,2000
PREPARED FOR:
GEORGE KILBY
c/o IVAN PERRIN
.8088 COIJI{TY ROAD 117
GLENWOOD SPRINGS, COLORADO 81601
I IIEPWORTH . PAWLAK GEOTECHMCAL' INC'
June 16, 2000
George KilbY
c/o Ivan Perrin
8088 CountY Road 117
Glenwood SPrings, Colorado 81601 Job No. L00 4Lz
Subject:ReportTransmittal,PreliminaryGeotechnicalStudy'ProposedFourLot
subdivision, Mayfly Bend Ranch, East of carbondale, Garfield county,
Colorado.
Gentlemen:
As requested, we have conduded a preliminary geotechnicat snrdy for the proposed
residential develoPment.
The property is suitable for the proposed developmen-t based on geologic aad
geotechnical conditions. Geologic Lazards include flooding and potentixl sinkhole
develoPment-
subsurfaee conditions encoutrtered in the .*pto'utory Prts excavated in the general
proposed building areas consist of about r/zio I fooi of topsoil and nil to lVz feet of
sand and silt overlyin! rehtively d.nse stightly silty santly gravel containing cobbles
and occasional boulders. Grouudwater *i' totol''ntered at aeptUs between 2Yz ar,d 5
feet in the Pits-
Spread footings placed on the nahrral sandy gravel subsoils and designed for an
allowable bearing;;;;t;" of 3,000 prr "ppJ.t
suitable at the building sites' The
foundations should be kept rerativery ,nuuo* due to the shallow groundwater. Slab-on-
grua. lower floor constnrction is recommended'
The report which follows describes our investigation' summarizes our findings' and
presents o* ,..oo,..ndations suitaute f:t.plryTg and-preliminary design' It is
important,nu, *. p,o,iru consultation during design, and f,eld services during
constructioo,o ,riir* and monitor the implelmentation of the geotechnical
recommendations.
If you have auy questions regarding this report' please cotrtact us'
SincerelY,
RTH - PAWLAK G TECHNICAL, INC.
T
ip
lr
lr
l:
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY
PROPOSED DEVELOPMENT
SITE CONDITIONS
GEOLOGIC CONDITIONS
FIELD EXPLORATION
SUBSURFACE CONDITIONS
PRELIMINARY DESIGN RECOMMENDATIONS
FOUNDATIONS..:....
FLOOR SLABS
SURFACE DRAINAGE
PERCOLATION TESTING
LIMITATIONS .
REFERENCES .
FIGUREl-VICIMTYMAP
FIGURE 2 -LOCATION OF EXPLORATORY PITS
FIGURE 3 - LOGS OF EXPLORATORY PITS
FIGURE 4 - SWELL-CONSOLIDATION TEST RESULTS
FIGURES 5 & 6- GRADATION TEST RESULTS
TABLEI-SUMMARYoFLABoRAToRYTESTRESI.JLTS
3
4
4
4
4
5
5
6
H-P GEOTECH
T
I
I
T
I
I
t
I
PT]RPOSE AND SCOPE OF STIJDY
This report presents the results of a preliminary geotechnical snrdy for the
proposed Mayfly Bend Ranch development to be located imrnediately south of the
Roaring Fork River and north of County Road 100 in Garfield County, Colorado. The
project site is shown on Fig. 1. The purpose of the study was to evaluate the geologic
and subsurface conditions and their impact on the project. The study was conducted in
accordance with our agreement for geotechnical engineering services to George Kilby,
dated May 11, 2000. An interim report of the study was presented in a leffer dated
May 17,2000, Job No. 100 412.
A field exploratiou program consisting of a reconnaissance and exploratory pits
was conducted to obtain information on the site and subsurface conditions. Samples of
the subsoils obtained during the field exploration were tested in the laboratory to
determine their classification, compressibility and other engineering characteristics.
The results of the field'exploration and laboratory testing were analyzed to develop
recomrnendations for project planning and preliminary design. This report sumilarizes
the data obtained during this study and presents our conclusions and recommendations
based on the proposed developmetrt aud subsurface couditions encouutered.
PROPOSED DEYELOPMENT
The proposed development will consist of a four lot subdivision as showu on
Fig. 1. The development will consist of single family homes. Private driveways will
access the building sites. We assume the residences will be two stories of wood frame
constructibn with slab-on-grade lower floors. The development will be serviced with
individual wells and septic disposal systems.
If development plans change significantty from those described, we should be
notified to re-evaluate the recommendations presented in this report.
)
I
T
I
I
I
I
I
T H-P GeorEcn
I
-2-
I
I
T
I
SITE CONDITIONS
The proposed development is located in portions of Sections 35 and 36, T 7 S, R
88 W. The proposed residences will be located on the lots shown on Fig. 2. The site is
irrigated pastureland vegetated with cottonwood trees, grass and weeds. Irrigation
ditches are present on the properfy. The Roaring Fork River is located to the north of
the property. The terrain is relatively flat.
GEOLOGIC CONDITIONS
The property is located on relatively flat terrain near the Roaring Fork River.
The surficial soil deposits are mapped as stream channel, flood plain and low-terrace
deposits (Kirkham and Widmann, 1997). A hydrologist should evaluate the flooding
potential at the site. Regional geologic mapping shows that the formation rock in the
area is the Pennsylvanian-age Eagle Valley Evaporite (Kirtriharn and Widmann, 1997)'
These rocks are a sequence of gypsiferous shale, fine-grained sandstone/siltstone and
limestone with some massive beds of gypsum. There is a possibility that massive
gypsum deposits associated with the Eagle Valley Evaporite underlie portions of the
property. Dissolution of the gypsum under certain conditions can cause sinkholes to
develop and can produce areas of localized subsidence. Sinkholes associated with the
Eagle Valley Evaporite have been mapped in areas of the Roaring Fork Valley'
Sinkholes were not observed in the immediate area of the subject site. No evidence of
cavities was encountered in the subsurface materials; however, the exploratory pits
were relatively shallow, fot foundation design only. Based on our present knowledge
of the subsurface conditions at the site, it cannot be said for certain that sinkholes will
not develop. The risk of future ground subsidence on the property throughout the
service life of the development, in our opinion, is low; howevel, the owners should be
made aware of the potential for sinkhole development. If further investigation of
possible cavities in the bedrock below the site is desired, we should be contacted. No
I
I
I
I
T
I
T
I
I
I
I H.P GEOTECH
I
T
I
-3 -
potentially active faults are mapped in the project area (Kirkham and Rogers, 1981) and
UBC Seismic Risk Zonel design parameters are considered appropriate for Structural
seismic design of the structures.
NELD EXPLORATION
The field exploration for the project was conducted on May 15, 2000.
Five exploratory pits were excavated at the locations shown on Fig. 1 to evaluate the
subsurface conditions. The pits were dug with a rubber-tired backhoe. The pirc were
logged by a representative of Hepworth-Pawlak Geotechnical, Inc.
Samples of the subsoils were taken with relatively undisturbed and disturbed
sampling methods. Depths at which the samples were taken are shown on the Logs of
Exploratory Pits, Fig.2. The samples were returned to our laboratory for review by
the project engineer and testing.
SI.JBSI JRFACE C ONDITIONS
Graphic logs of the subsurface conditions encountered at the site are shown on
Fig.2. The subsoils consist of about Vz to I foot of topsoil and nit to lth feet of sand
and silt with scattered gravel overtying relatively dense, slightly silty sandy gravel
containing cobbles and occansional boulders.
Laboratory testing performed on samples obtained from ttre pits inctuded nah[al
moisnse content and density and gradatisa analyses. Results of consolidation testing
performed on a relatively undisflubed drive sample of the upper silt and sand, presented
on Fig. 4, indicate moderate compressibility under conditions of loading and wetting'
Results of gradation analyses performed on bulk samples (mhus 3 and 5 inch fractions)
of the natural coarse grauular soils are shown on Figs' 5 and 6. The laboratory testitrg
is summarized in Table I.
Groundwater was encountered in the pits at depths of 2Vz to 5 feet' The upper
subsoils were slightly moist to moist.
I
I
I
T
T
)
I
T
I
I
t
I
T H-P GEoTECH
t
T
I
t
I
T
-4-
PRELIMINARY DESIGN RECOMMENDATIONS
The conclusions and recommendations presented below are based on the
proposed development, subsurface conditions encountered in the exploratory pits, aud
our experience in the area. The recommendations are suitable for planning and
preliminary design but site specific studies should be conducted for individual lot
development.
FOUNDATIONS
Bearing conditious are similar throughout the project site. Based on the nature
ofthe proposed construction spread footings bearing gn the natural sandy gravel
subsoils should be suitable at the building sites. We expect the footings can be sized for
an allowable bearing pressure of 3,000 psf. Due to the shallow groundwater,
foundations should be kept relatively shallow for construction in the dry. Below grade
crawlspace and basement areas should be avoided. Foundation walls should be
designed to span local anomalies. The footings should have a minimum depth of 36
inches for frost protection.
FLOOR SLABS
Slab-on-grade construction should be feasible placed on the natural granular soils
or structural fill. To reduce the effects of some differential movement, floor slabs
should be separated from all bearing walls and columns with expansion joints. Floor
slab control joints should be used to reduce damage due to shrinkage cracking- A
Ehimum 4 inch thick layer of free-draining gravel should underlie slabs-on-grade to
facilitate drainage.
SURFACE DRAINAGE
The grading platr for the subdivision should consider ruuoff through the project
and at individual sites. Exterior foundation backfill should be well compacted and have
a positive slope away from the building so that water does not pond within 10 feet of
I
t
I
t
I
t
I
T H-P Georecn
1
t
I
T
T
I
I
T
T
I
I
T
I
T
I
.5-
the building. Roof downspouts and drains should discharge well beyond the limits of
all backfill
PERCOLATION TESTING
Percolation tests were conducted on May 15, 2000 to evaluate the feasibillty of
infiltration septic disposal systems at the site. One to two percolation test.holes had
been dug on each lot and soaked by the client prior to our testing. The soils exposed in
the percolation holes are similar to those exposed in the pits shown on Fig. 3 and
consist of about Yz to Lfoot of topsoil and nil to Lr/z feet of sand and silt overlying
relatively dense, slightly silty sand gravel containing cobbles and occasioual boulders.
The percolation test results are presented on Table tr. The test results indicate
infiltration rates between 7 ani 15 minutes per inch. based on the shallow groundwater
encoutrtered at the site, mounded septic disposal systelrxi will likely be needed.
Additional testing should be conducted for design on the individual lots at the planued
septic disposal locations.
LIMITATIONS
This study has been conducted according to generally accepted geotechnical
engineering principles and practices in this area at this time. We make uo warranty
either expressed or implied. The conclusions and recomrnetrdations submitted in this
report are based upon the data obtained from the field reconnaissance, review of
published geologic reports, the exploratory pits located as shown on Fig. 1, the
proposed type of construction and our experience in the area. Our findings include
interpolation and extrapolation of the subsurface conditions identified at the exploratory
pits and variations in the subsurface conditions may not become evident until excavation
is performed. If conditions encoutrtered during conshuction appear different from those
described in this report, we should be notified so that re-evaluation of the
recommendations may be made-
I H.P GEOTECH
I
I
I
I
I
I
I
I
I
o
I
I
t
I
I
T
I
t
-6-
This report has been prepared for the exclusive use by our client for planning
and preliminary design purposes. We are not responsible for technical interpretations
by others of our information. As the project evolves, we should provide continued
consultation, conduct additional evaluations and. review and monitor the implementation
of our recommendations. Significant design changes may require additional analysis or
modificatious to the recommendations presented herein. We recommend on-site
observation of excavations and foundation bearing strata and testiug of structural fill by
a representative of the geotechnical engineer
Respectfu lly Submitted,
HEPWORTH. PAWLAK
Jordy Z. Adamson,
JZAlksm
cc: OTAK Rock Creek Studio - Athr: Dave Michaelson
Sopris Engineering - Attn: Yancy Nichol
REFERENCES
Kirlham, R.M. and Rogers, W.P., 1.981, Earthquake Potential in Colorado, A
Preliminary Evaluation, Colorado Geological Survey Bulletin 43'
B.L., lgg7, Geologic Map of the Carbondale
Colorado, Colorado Geological Survey Opeu File Report
Kirkhem, R.M. and Nodman,
Qwdrangle, Garfi eld CountY,
97-3.
&U*t*,;;r;73
#',##i&
Daniel E. Hardin, P.E.
H-P GEOTECH
;
Reviewed by:,ffiI{
r/ *g ,/ lli
/-,.rY f-r..ig \ i
H.-=.-. )..
-v<
APPROXIMATE SCALE
1' : 2OOO'
100 412 HEPWORTH - PAWLAK
GEOTECHNICAL. INC.VICINITY MAP
I
I
I
I
T
I
I
I
I
t
T
I
APPROXIMATE SCALE
1" - 750'
I
LOT 4
AP-' IlPlrl IAr
\ P-2 .)\ut'
r----llp-s Il6I aptt z
I or-o
I
I
I
I
I
,'i,,l-l
r' ,-ua t
I prr +l
i '-'ro'
1l
L___i
rS.. Lor 2
i --)-
I
I
-l...- I--;*
/ p-slI iAEI .^ IPlT5l
I
I
(-
\
I -I
I
I
I
I
I
I
Pfi 5/)
Z!p-s Ar A
LEGEND
I EXPLORATORY
A prncouATtoN
P-E
PIT \
\
LOT 1
LOCATION OF EXPLORATORY PITSHEPWORTH _ PAWLAK
GEOTECHNICAL, INC.100 412
,
I
l
---
I
L-
PIT 2 PIT 3 PIT 4 PIT 5PIT 1
Po
o,lL
I
s
CLc,o
10
o
6)L
I
s
CL
c)o
ll
il
I
I
I
I
t
I
I
I
t
- - WC=6.0
- J -200=19
l-
-J+4-72-20G:2
- -+4=62t -200=5
-J-
WC=20.8
DD-96
-2OO=42
-r
J +4=65
-20(tss
TOPSOIL; sondy silt ond cloy. orgonic, firm. moist' dork brown'
SAND AND SILT (SM-ML);with grovel' medium stiff, slightly moist to moist, reddish brown'
POrous.
GRAVEL (GP-GM); sondy, slightly silty, with cobbles ond occosionol boulders, medium dense
to dense. slightly moist'io iet telori woter levels, reddish brown to brown'
2' Diometer hond driven liner somple'
Disturbed bulk somPle
Woter level in pit of time of excovotion'
Coved dePth.
NOTES:
1. Explorotory pits were excovoted on Moy 15' 200O with o bockhoe'
2. Locotions of explorotory pits were rneosured opproximotely by pocing from feotures on the site
plon Provided.
3. Elevotions of explorotory pits were not meosured ond logs of explorotory Pits ore drown to depth'
4. The explorotory pit locotions should be considered occurote only to the degree
implied bY the method used.
5. The lines between moteriols shown on the explorotory pit logs rep.resent the opproximote
boundoriesbetweenmoterioltlpesondtronsitionsmoybegroduol.
6. woter level reodings shown on the logs were- mode of the time ond under the conditions indicoted'
Fluctuotions in woter level moy occur with time'
7. LoborotorY Testing Results:
LEGEND:
a
W
ffi
F
L--l:
l_-r
-
WC=WoterContent(%)
DD = Dry Density ( Pcf )
*4 = Percent retoined on No. 4 sieve
-2OO : Percent Possing No. 200 sieve
LOGS OF EXPLORATORY PITSHEPWORTH PAWLAK
GEOTECHNICAL, INC.100 412
T
I
I
I
I
t
I
I
I
t
I
I
t
Moisture Content : 2+.7 Percent
Dry Density = 92 Pcf
Somple of: Silty Sond
From: Pit 4 of 1.5 Feet
No movernent
uPon
wetting
(
\
\
\
\
\\
N
cOz'6 \'
o
0,L
CLcB4
C)
0.1 1.0 10
APPUED PRESSURE - ksf
100
SVVELL-CONSOLIDATION TEST RESULTSHEPWORTH PAWLAK
GEOTECHNICAL, INC.100 412
2,1 l{R. 7 l{R
o
LrJ
=F
l-rjE
t-ztrjou
UJ(L
(,z6
@
(L
FzIJoEtd0
t00
90
80
70
60
5o
,{)
l0
20
t0
0
o
10
20
IT
40
!,o
60
70
EO
go
I
I
.ool .@2
GRAVEL 72 %
UOUID LIMIT %
SAND 26
SAMPLE OF: Sondy Grovel with Cobbles
127
oo8s.Is
Z SILT AND CLAY 2 %
PLASTICITY INDEX %
FROM: Pit 2 ot 3 thru 4 Feet
,o1 .150
DIAMETER OF PARIICLES IN MILLIMETERS
24 HR- 7 llR
lIE READINGE
GRAVEL 62 %
LIOUID UMIT %
U.S STATDARD SERIES
,o1 .150
DIAMETER OF PARTICLES IN MILLIMETERS
cltrR sq.l^nE oPlr{|,{Gq
1t,
ooEXS
% SILT AND CLAY 5 %
PLASIICITY INDEX %
with FROM: Pit 3 ot 2 lhru 3 Feet
o
UJ
=F
KJ
E,
Fz
UJo&
trJ(L
C)z6a
L
Fz.td
C)E
UJ(L
I
t
I
I
t
I
1@
00
EO
70
60
50
10
30
20
t0
0
o
to
zo
50
.lO
50
60
70
60
eo
.oo .oqt
SAMPLE OF: Slightly Silty Sondy Grovel
Cobbles
GRADATION TEST RESULTSHEPWORTH PAWLAK
GEOTECHNICAL, INC.100 412
w.ws#
CllY TO SLT
SAND 33
()
z._ 60aa
I
L2soIJoE.
lrJIL
rl
I
t
I
I
T
t
I
I
I
I
I
t
U.S STANOARD SERIES
,r6
ilsournr oPEr{tNGs
1 llt f 5i6'24 HR, 7 HRii iiiii. is-lix. 60 MlN.le IAN. 4 ut{. I MN' ,200
roo'-
.oot .m2 .oGi .o(E .oe .cr,ffilu +zs s.srzsre.o {7.5 7/s.2 t52 20tt1n
DIAMETER OF PARTICLES IN MILLIMETERS
GRADATION TEST RESULTSHEPWORTH PAWLAK
GEOTECHNICAL, INC.100 412
ooBStES
ct-AY IO S[-T
GRAVEL 53 %
UOUID LIMIT
SAMPLE OF: Slightly Silty Sondy Grovel
SAND 32 % SILT AND CLAY 5 %
PLAS]ICITY INDEX %
FROM: Pit 5 ot 3 to 4 Feet
do
to
20
lo
tlo
50
GO
m
ao
eo
olrJz
F
UJE
Fz
UJoE
lrJ(L
I IIIIIII.T I;II I.
HEPWORTH-PAWLAK GEOTECHNICAL, rNC.
TABLE I
SUMMARY OF LABORATORY TEST RESULTS
rr -c :t
JOB NO. 100 412
sorL oR
BEDROCK TYPE
SAMPLE LOCATION NATUBAL
MOISTURE
CONTENT
t%t
NATURAL
DRY
DENSITY
lpct)
GRADATION PERCENT
PASSING
NO. 200
SIEVE
ATTERBERG UMITS UNCONFINEO
COMPRESSIVE
STBENGTH
IPSFI
PIT DEPTH
(feell
GRAVEL
(%l
SAND
(%l
LIOUID
LIMIT
(%l
PLASTIC
INDEX
l%l
2 1k 6.0 19 Silty Sand
3to4 72 26 2 Sandy Gravel with
Cobbles
33 5 Slightly Silty Sandy
Gravel with Cobbles32ro362
Very Silty Sand
4 1Yz 24.7 92
Very Silty Sand
5 2 20.8 96 42
Slightly SiltY SandY
Gravel3to463325
I
T
HEPWORTH-PAWLAK GEOTECHNICAL, INC.
TABLE II
PERCOLATION TEST RESU LTS
,
T
I
t
I
I
T
I
T
I
T
T
Note: Percolation test holes had been dug and soaked
Percolation tests were conducted on May 15, 2000.
based on the last three readings of each test.
JOB NO. 100 412
Page 1 of 3
by the client prior to our testing'
The average percolation rates were
t
HOLE NO.HOLE DEPTH
(INCHES)
LENGTH OF
INTERVAL
(MIN}
WATER DEPTH
AT START OF
INTERVAL
(INCHES)
WATER DEPTH
AT END OF
INTERVAL
(INCHES)
DROP IN
WATER
LEVEL
(INCHES)
AVERAGE
PERCOLATION
RATE
(MrN./INCH)
P-1 20 15
water added
16 12%3Y4
12%10%2Y"
10 Y4 8 2Y.
11 Y4 9 2%
I 7 2
7 5Y"1%
sy,3y,1%
P-2 15 y,15
water added
10 6%3Y.
6%4 2%
4 1%2Y.
11 %I 2Y.
I 7 2
7 5%1%
5Y4 3Y"2
P-3 13 y,15
water added
water added
9%E 4Yl
5 3Y2 1y,
3Y2 2Y4 1Y4
9 6%2%
6Y2 4Y2 2
4Y2 3 1%
3 1%1%
7%5Yz 2Y^
5y,4 1Y2
I
b
T
HEPWORTH-PAWLAK GEOTECHNICAL, INC.
TABLE II
PERCOLATION TEST RESULTS JOB NO. 100 412
Page 2 ol 3
Note: percolation test holes had been dug and soaked by the client prior to our testing.
Percolation tests were conducted on May 15, 2000. The average percolation rates were
based on the last three readings of each test. Test P-4 was based on the last two
readings.
I
I
I
t
I
t
t
I
I
t
I
T
I
HOLE NO.HOLE DEPTH
(INCHES)
LENGTH OF
INTERVAL
(MIN}
WATER DEPTH
AT START OF
INTERVAL
(INCHESI
WATER DEPTH
AT END OF
INTERVAL
(INCHES}
DROP IN
WATER
LEVEL
(!NCHES)
AVERAGE
PERCOLATION
RATE
(MtN./tNCH)
P-4 15%15
water added
water added
8Y2 5Y4 3%
5y,3Y4 2
10 6Y^3%
6%3y,2%
10 Y"6y,3%
6%3%2%
3%2%1Yz
P-5 14 15
water added
9%7%1%
15
7%6y,1%
6%5Y.1Y*
5%4%1
9 7%1%
7y,6%1
6Yz 5Y.1%
5%4%1o
P-6 16 15
water added
10%ay,2
12
ay,7Y.1
7Yz 6%1
6Y.5 1Y2
10%9%%
9%8%1
8%7%1Yz
7%6 1y,
HEPWORTH.PAWLAK GEOTECHNICAL, INC.
TABLE II
PERCOLATION TEST RESULTSt
I
I
I
t
I
I
t
I
I
t
I
I
Note: Percolation test holes had been dug and soaked
Percolation tests were conducted on May 15, 2OOO'
based on the last three readings of each test'
JOB NO. 100 412
Page 3 of 3
by the client Prior to our testing'
The average percolation rates were
HOLE NO.HOLE DEPTH
(INCHES)
LENGTH OF
INTERVAL
(MINI
WATER DEPTH
AT START OF
INTERVAL
(rNcHES)
WATER DEPTH
AT END OF
INTERVAL
(rNcHES)
DROP IN
WATER
LEVEL
(INCHES)
AVERAGE
PERCOLATION
RATE
(MrN./INCH)
P-7 15 15
water added
10 Yz 8%2
14
8%6%1%
6%5Y"1Y.
5y,4Y2 1
10 8%1Y"
8%7%1
7%6%1%
6Y2 5%1
t
r
MayFly Bend Ranch
Preliminary Plan APPlication
Appendix F
Water Supply Info tmation
ffiEHE[-
=i!ti,-,
36 N. Fourth St.
Carbondale, CO 81623
970.963.1971(P)
970.e63.1622 (0
www.otak.com
(
\
Appendix F
Water Supply Information
Documents submitted to the Garfield County Planning Department on September 1, 2000 have
evolved due to approvals, revisions and edits. The documents contained in this current submission
for the Board of County Commissioners consideration on July 9,2007 are the most curent as of July
3,2001
Note 1. Letter of transmittal dated March 8, 2001, Sherry Caloia to Kit Lyon, paragraph 5 (This
TAB), refers to her letter of even date regarding the status of Well Permit No. 99585. The
referenced letter with attachments is included in the amendments submitted as Exhibit C of Letter
dated March 9,2001, George Kilby to Kit Lyon. See TAB 03/09101in this binder.
Note 2. The Declaration of Covenants referenced in Ms. Caloia's letter is found in Appendix I -
Covenants.
GEORGE R. KILBY
June 16,2000
To Whom it May Concern:
I hereby authorize the law firm of Caloia & Houpt, P.C. to execute, deliver, amend and
accept clelivery of any and atl necessary documents relative to the application for well permits to
be frled on -y behali. I further authorize said law firm to generally do any and all things on my
behalf, which attorneys in their discretion shall deem necessary or proper with regard to the
application for well permits. I understand that this original authorization will be submitted to the
State.
@
@
SHERRY A. CALOIA
JEFFERSONV. HOUM
BARBARA P. KOzELKA
MARK E. HAMILTON
SAC:nll
Enclosure
cc: George KilbY
Dave Michaelson
Clt,on & Hourt, P.C.
ATTORNEYS AT LAW
I2O4 GRAND AVENI,JE
GLENWOOD SPRINGS, COLORADO 8I5OI
June 20, 2000
SincerelY,
CALOIA & HOUPT, P.C.
TELEPHOM: O10)945-ffi7
FACSIMILE: (97 0) 945 -6292
E-mail: caloia&houPt@soPris.net
Mark Bean
Garfield County Planning Development
109 Eighth street, Suile 303
Glenwood SPrings, CO 81601
Re: MaYIIY Bend Ranch Subdivision
Dear Mark:
I have been asked to assist George R. Kilby in obtaining a Iegal water supply for the Mayfly Bend
Ranch Subdivision to be located in the county near carbondale, colorado' since the properfy is located on
the Roaring Fork River, providing the legal water supply using the Basalt water conservancy District and
releases from Ruedi Reservoir is an easy endeavor'
Enclosed you will find copies of two well permits for the Mayfly Bend Ranch Well Nos' I and 2'
We proposed rhat the Mayfly Bend Ranch Wells IGs. I and1 will serve all four lots and provide a water
supply io, ,p to nine units. My understanding is that each of the four lots will have a unit and an accessory
dwelling unit. In addirion there will be a dielling unit in the barn. Also included as part of the water
supply is an application for water sufficient to irrigate 30,000 square feet. This will allow each of the four
lots to have 7,500 square feet of irrigated land. Ten horses are also included and will be augmented for'
Attached is a copy of an application submitted to the Basalt Water Conservancy District for water
for these uses. Since ur.-rituy also intends to build a pond, we have included in our application for water'
enough water to augment for evaporation and stock water uses that may occur from the pond'
I anticipate that this water supply will be easily approved' As soon as I receive approval' I will of
course forward it to the County. Please call if you have any questions'
/-/orr^-oKoJror^rd - ---\
KILBY-Beartsltr- l
rLrJ rJl;rt rJrrcr?rw ul a& 4J'rJ
t
ylv wnlu\
STATEOFCOLOTUDO
CfFTCE OF THE STATE ENGINETR
ivision of Water Re$urces
Jepartmcnt of Nahrral Resources
l3l3 Shcrmrn Smct, Room 818
Denwr, Colopdo 80203
Ptronc: (3O31 E6G35EI
FAX: (3ojl) 866-3s89
hnp'.lArata.statc.co.u{dehu lt. htm
Ktt Lyon, Senior Planner
Garfeld County Building and Planning
109 8th St Ste 303
Glentryood SPrings CO 81601
Re:
Eill OrGrt
Cotgnor
Novomber 7, 2000 cng E.WeHrr
Elr<rnivc Di{tclo.
Hcl o. slarecr. Pt.
$tt€ ltgilw
Mayfly Bend Rancfi SuMivision Preliminary llal-
NE75E% Sec. 35 & NW%SWYt$ec.36, T7S' REBW,6!'P.M'
W. DMsion 5. W. Districl33
Dear Ms. Lyon:
We have reviewed the addltional informatlon regarding the above reftrened Proposal to
subdivide a 40.61-acre paroel into four residential lots of about four aoes each, a 3.03 acre
p;;.rl rli a oam, storade area and emptoyee living quarters, and about 21 acres of hay fielcls .
Ino-p"rtr[. artirough?onflicting inforha[ion was provioed in the submlttel, we have assumed
that Lach of the four residential lots will be include a single famlly residen@, an acoessory
O*"ffing, and 9,750 square feet of lawns and garclens. Wclls tobe oonstrudecl under Permlt
pos. S+-iaZ-F and s4ggg-F, issued pursuant to a contract wlth the Basalt Water Conservancy
oistriJt (the District), are proposed to supply waterfor the devEtopmcnt, The wells are to
prorio"irrter for "itLioregni singte-femily owellings, the employee living quarters. 15'000
iqu.r. feet of lawns and garlens, alnd up to ten livestock units. The Districl @ntrac't also
intiuoes provisions to proiioe replacement water for evaporation from a pond or ponds with a
total surfaoe area of 0.S acres. lnformation has been supplied indlcating that the applicant
o,rn, 2 cts ofthe Slough Ditch and Banning Lateral water rights, rynlqn will be used to oontnue
irrigation of the hayfields and pasture. Sewage will be through individualseptic systerns-
Welt permat nos. 54382-F and 54383-F were issued by this office on.August ?2' 2009'.
pursuant to contractr with the District. The combined uses of the well permits ellorv for a total of
'n1nJiingf*f"mily dwellings, 15,000 square feet of lawn and garden, and 20 horses, whlch is
;AGi'e for thapropose-O ures. However, vrre have not received a Pump Installation Report or
Statintent of Beriefiiial Use for these wells. lf these docrlnrents are not receive prior to August
?l2,2001, the well permib will expire and be of no efhd'
A well test compteted by the Samuelson Pump Cornpany indicates that the wellwith
permit No. S4BB2-F pr6duoed 28 gallons per minute over a four hour period on August 29,
2000. With adequate stoog. caplcity this wel! should provide an adequate supply for the
proposed use.
per review of the well oonstruction information, the ground water table in this erea
appears io be within 4 to 8 feet of the surface. Based on the proposed depth of 10 feet
pLiriJ"O in tne First Amended Application for Surface Water Rlehts 1nd Water Storage Rights'
ltre ponots) wiil intercept ground'water- Pursuant to Colorado s-tate Statute the exposure of
-
gror;nO *bder is consid6red a well, and must be permitted by this office priorto_construction' An
ippfition for a pond, in the name of George R. Kllby, was received by this ofiice on November
l]|J gl ltwu av'rJ vav walu\# rS, t*-tr=
Garfield County Bullding and Planning
Mayfty Bend Ranch Suhdivision Preliminary Plan
November 7,2@0
1, 2000. Also note that the waterrights application should be amencled to daim a ground water
right for the pond ln place of the storage right
Our reoords also indicate that the well with Permit No. 99585 may be located within the
proposed development. lf located as such, this well must be re-permitted and induded in ellher
the Disfict's substitute supply plan or an augmentafion plan, or it must be plugged and
abandoned upon approvalof the subdivision-
Based on the above, it is our opinion, pursuant to Section 30-2E-136(1XhXl), thathe
proposed water supply will not cause material injury to decreed water rights, end is adequate,
so long as well permits are obtained for the pond(s), valid well permits ans maintained for all of
the wells, no expanded use of the applicants interest in the Slough Ditcfi and Banning Lateral
water rights ooc1rns, and the disposition of Permit No. 99585 ls resolved as stated in the
preceding paragraph. lf you or the applicant has any questions onceming this matter, please
contact Craig Lis of this office for assistence.
Sinoerely,
/Mollry
Kenneth W lfuox
Assistant State Engineer
KWlgCMUMayfly Bend Rench iii.ctoc
oc: Alan Martellaro, Acting Division Engineer
Joe Bergquist, Water Commissioner, Distrid 3E
cnr,om, & HoLJPT, P.c.
ATTORNEYS AT LAW
SHERRY A. CALOTA
JEFFERSON V' HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
1. A revised Declaration of covertants. These covenants have been revised
and do incorporate the provisions of both sets of covenants previously submitted to the
County with this aPPlication.
2. A copy of the 5 individual well permits
Bend Ranch Subdivision.
4.AcopyoftheamendedWaterRightsApplication-withPlanfor
; M;yfly Bend Ra.nch Pond nos' 1, ' *9 1:,t]l,it"l::1*,:;:ffiffi;;;,;"ffi;;t., no *"n permit is necessary for it. we have received
- E- ^i r ^^-^^ .,,1+Li-
no statements of opposition to this case and anticipate getting a final decree within
45 days.
5. MY letter of even date regarding the status of well permit 99585'
3.AcopyofthetwowellpermitsfortheMayflyBendRanchPondsNos.l
I2O4 GRAND AVENUE
GLENWOOD SPRINGS' COLORADO 8I60I
(970) 945-6067 - VOICE
(g7o) 945-6292 - FACSIMILE
Please direct correspondence to this address
March 8, 2001
Kit Lyon
Garfi eld County P I anning Development
109 Eighth Street, Suite 303
Glenwood SPrings, CO 81601
Re: MaYJtY Bend Ranch Subdivision
Dear Kit:
Enclosed please find 6 copies of the following
PARK AVENUE PROFESSIONAL BLDG.
I2I NORTH PARK AVE.' SUITE B
MONTROSE, COLORADO 81402
(970) 252'0180 - volcE
Sender's email: scaloia@soPis'net
for each of the lots in the MaYflY
and 2.
I have tried to address the concerns of your last staff report'
with any comments, corrections or concerns. We.are happy to
documents you may need to review this submittal'
Please feel free to call me
submit whatever additional
KILBY-Lyou Ltr -l
Mark Bean
March 8, 2001
Page 2
Please call if you have any questions.
Sincerely,
CALOIA & HOUPT, P.C.
/"ry latt^
Sherry A.Caloia
SAC:nll
Enclosures
cc: George KilbY
Dave Michaeison
MACKLEY-Lyorr l-tr 2
SEo -urn
Form No.
GWS.25
APPLIgANT
DIU 5
EXPOSE WA I t.{
TEL:305-945-5665 0ct 23 99 0:44 No .002 P .O2
OFFICE OF THE STATE ENGINEER
cor-onnoo DlvlsloN oF WATEEBESoURCES
ala centeniiJr arog . tris Shorman St.. Denver, Colorado 80203
(303) 866-358 1
GEORGE R I(ILBY
% CALOIA & I]OUPT PC
1204 GRAND
GLENWOOD SPRII.IGS, CO 81601-
945-6067
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 114 SE 114 Sectiorr 35
Township 7 S Range 88 W Sixth P.tu1.
pTSTANCES FROM SECTIOI{ Lll'lES
2700 Ft. from North Section Line
100 Ft. front East Sectlon Line
IJTM COORDINATES
Northing: Easting:(970)
MIT TO IT
WELL PERMIT NUMBER 05s351 l:-t
DIV. 5 WD 38 DES. BASIN MD
s)
6)
3)
4)
7)
8)
e)
10)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGI'l7
@
1) This wcll strall be used ln such a way as to cause no material lnjury to existing waler righ(s. The issuance of tltis permit
rloes not assure the appllcant that no iniury will occur to.another vested water righi or preclude another owner of a vested
water right front seoking relief ln a civil courl action'
2\ The construction of this well slrall be in complianco with the Water Well Construction Rules 2 CCR 402-2 ' unless approval
of a variance has been grantod by the State Board of Eramlners of Water Well Construction and Purnp lnslallation
Contractors in accordance with Rule 18.
Approved pursuanr to cRS 37.g0-137(2) for the construction of a well/ground water Dond, appropriating ground water
triburary to the Roaring Fork River, as an altcrnate point of dlversion io the Basalt Conduit, on the condilion that the
well/poocl shall be operated 66ly whon tlre Basalt water conservancy District's substitute water supply plan, approved by
the State Engineer, is in o(fect and when a water allotment contract betwoerr the well owncr and the Basalt Water
consorvarrcy District for the release of replacsnrentwater frorn Ruedi Reservoiris in effect, or under an approved plan for
augmentation. BWCD contract #368.
The av€rage annual amount of groun<J wator to be appropriated shall not exceod 0,5 acre-leet with the total surface area of
the proposecJ ground water pond timited to 0.19 acres'
The use of ground water is limited to evaporslion, No other use of water is allowed unloss a permit therelor is approved'
The owner shail mark ttre well/pond in a conspicuous place with well permit number(s) and court case nurnber(s) as
appropriate. The owner shall take necessSry 6sans and precautions to preservo these maf kings'
Tho ownor shall subnrit, after initiailon oI constructiorr, site plan and cross section drawings on B-112" x 11" paper
strowing lhe extent of intended excavation, Llle maximunr dopth of the pond, and lhe lnltial static 1v3191 lsvel'
This well/pond shall be constructed not more thart 200 feet from the location specitled on this permit The boundariru s o[
the pond shall bo nrore than 600 foet lrorn any existing well no( owned by the applicant'
The weil shalt bo consructed and mainralned in accordance with variance no.2oo1'17A. granted by the Board o(
Examiners of Water Weil Construction ancl Pump lnstallation Contractors on February 8, 2001
Tlris permit has becn approved for a pond srrrfaco area of 0.19 acres (surface area wa's no( specitied by tho application)'
you aro horcby notified that you have tho riqht ro appeal the issuance of this pormit. by tiling 2 written reQuest witlr this office
within sir.ty (60) clays of the dato of issuance, pursuant to the state Adminisrrative Procedures Act, (Soe section 24-4-104
through 106. C.R.S.)
^*D 2 ''u - )'c'o t
U
APPROVED
JD2
No. 0469084 PIRATOATE ISSUED
Sti_.1-trfl R IJ I,,i
Forrn l.lo.
GWS.25
APPLtqAl.t.T
5 TEL:305-945-5665UI-I.IUH UI-, IIIL, SIAIh hNGINhER Oct 23 99
QOt-OIRADO D|VISION OF WATER RESOURCES818 Centennial Bldg., 1313 Sherman.St., Denver. Colorado 80203
(303) 866-3581
f'lrr.Lltl2 P.OI
APIROVEp WELL LOCATTON
GARFIELD COUN]'Y
NW 114 SW 114 Section 36
Township 7 S Range 88 W Sixtlr P.M
D TSTANC ES I.ROM.S ECTTON L tr'lES
GEORGE R I(ILBY
% CNLOIN & I1OUPT PC
'1204 GRAI'ID
GLEI'IWOOD SPRINGS. CO 81601-
(970) 945-5067
2900 Ft. frorrt Nortlr
25O Ft. from West
UTM COORDINNTES
Nortltlng:
Section Line
Sectiorr Line
Easling:qESl4rT T-O EXPOSE WATER ll.] A PtT
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGI]T
c o N D tT I Olls_o I APP ROVAL
1) Thisvrell sltall beusedi(tsucharvayastocausenomaterial injurytoexistingwaterrights, Theissuanceof thispermit
does nol assure ttre applicant tltat no lrrfury vrlll occur.to another vesterJ water riglrt or preclude another owner of a vested
wa(er right from seoking felief in a civil court action-
2) Tlre construction of this well shall be in cornpliance with the Water Well Conslructlon Rules 2 CCR 4O?-2, untoss approval
of a variance has been granted by the State Board of Exantiners of Water Well Construction and Purrrp lnstallation
Contractors in accordatrce wi(lt Rule 18.
3) Approvod pursuant to CRS 37-90-137(2) for tho construction of a woll/ground v/ater pond, appropriating ground water
tributary to the Roaring Fork Rlver, as an alternate point of diversion to the Basalt ConcJui(, on the condition tlrat the
well/pond shall bc operated only when tlre Bassli Waler Conservarrcy Dlstrlct's 6ub6ti(ute wa(er supply plan, approved by
ttre Stato Engirreer, ls ln effect and whon a watcr allotfllent cootract between t]re well owner and the Easali Water
Conservartcy District for tlre release of replacenre[( water fuorrt RuerJi Roscrvoir is irr r:lfect, or urrtJor art ap;.rroved plarr Ior
augtnentation EWCD cr:rrtract /1368.
4) Theaverageannual arnounlof groundu/atertobeappropriatedslrall not exceod0.Bl acre-leetwittrthetotal surfacearea
o[ (he proposed ground water pond lirrrited to 0.31 acres.
5.)
6)
7)
8)
e)
10)
APPROVED
J02.
The trss of ground water is limited to ovaporation, No other use of waier is allowed unles.s a perrnit thorofor is approvort.
The owner strall rnark the well/ponrl irt a conspicuous place with well pornril nurnber(s)and court case number(s) as
aprpropriate. Tlre ovrner slrall tako nocessary nreans and precautiorrs to preserve Urese markings.
The owncr shall subrrrit, after initlation of constructiorr, site plan and cross sec[lon drawlrrgs on 8-112" x 1l" paper
showing lt)e extent of intended excavation, ttro rrraxirnurn depth of the pond, and the initial static water level.
This woll/pond shall be construc(ed rrot rrroro than 200 feet from tho location specltled on this permit, The boundarias of
tho pond shall be nrore [lrarr 600 feet front any existlng well not owned by tho applicant.
l'lrc well sttall be constructed and maintained in accordance wltlr variance no. 2001.17A, grantcd by the Board ot
Exarrtiners o[Wat()rWell Construction and Purnp (nstalla(ion Confactors on Fetrruary 8,2001.
This perrnit lras bcort approvcd for a porrd surlace area ol 0.31 acres (surface area was not specified by tlre application).
You are hereby notitiecl tlrat you havo ilre riglrt to appoal the issuance of this permit. by filing a written requcst rvith this olfice
vrithin sixty (60) days r:f tlre date of isstrance, pursuant to the State Administrativo Procodures Act. (See Section 244-104
tlrrougtr 100, C.R.S ) na&D ) -tL')oc1
WELL PERMIT NUMBER o553s2 l=
DIV. 5 WD 38 DES. BASIN MD
t l.lo. 04715
Bt,
N []ATE rltl rDATE ISSUED
[tolrn I'lo
GWS-25
APPLIeAtJT
OI- I.'ICE OI; I"I-IE S-I-A'rE EI{GII{EL:tl
f.;}j,;-o,fi
pn q. g Xnl g.I--"J yl,*ii;ii h r s o u IR c u' (-) L' Hr fg fi I
]d'l j
[Ji] i,
WELI- PERMIT NUMBER
Dtv. 5 wD ea
t.ot BAIltl tJtock: Filing: Sr;bdiv: MAyFLy BENID RAl,lCll
' AlPgovEp wE!-r_LQJt^Il_o-ft
GARI=IELD COUNTY
NW 114 SW 1t4 Sectiorr 36'Iownship 7 S Rarrgr: BB W Sixllr p M
D I ql ANeEs r.RoM_El==g! leN Lli:lES
2080 trt frorn l.lrlrilr Sectiorr l ine
B 160l- 800 Fl frorrr west Secliorr I int:
_U_1. tullQ oll D I l\lA I E S
54865
DES. BASIN
GEOttGL- R }(ILB'/
c/o c,,\t,olA & llotJtJ t PC
] 204 CJI]N I ID AVE
GLEI.IWOOT) iJPRII.IGS, CO
(e70) e4s 6067
CtjANGE OF LJSE OF EXIS-l ll\JG WELL I'Jort lr i rrg
ISSI]AI.ICE OF I I IIS PEI]MIT DOES hIO T CONI-ER A WATER ttIGI IT
c o NSLT I o_N q o r_aPItBQyaL
l) Tllisviell sltall betrsedirtsttcttawayastocaLtsettorlaterial injrrrytoexislinqwaterri<151s TSeissuarrceoflris,errrit
tloes trot assttte tlte aPPlicatrt tlrat tro irrjrrry will occtrr to arrollrer vesterlwater riqlrt or preclrrrle arr.tlrer owrrer o[ :r vesterl
water rigltt f rorn seeking relief irr a civil cotrrt action.
2) J lt e co nstrttr;tio n of llris r,ell slr all be irr co rr rplia rrce vrillr tlr e Water Well C orrStrrrc tio n R Ltles 2 C.Cl1. 4oZ-2, U rrless a1r1.)roval
of a variance ltas heetl qrarrterl by tlre State Boarrl of Exarnirrers oi Water Well Conslructiorr arrcJ pUrrrp lrrstallaliorr
Contractors irr acr:or<larrr;e uritlt Rule 1B
Fork []i','er, a:i arl alterrlate poirrt oI r.Jiversion to tlre Basalt Corrrlrril, oI tlre corrrlilirtrr Utat llre r,vell slrall l.re operaterl orrly
vYlrett tlte Basalt Waler Conservatlcy tlistriCt's subslitute warer supply plarr, apJrrovecl try ilre State Enqirreer, is irr effer;t artrl
when a water allottrrettt contract tretweett tlre vrell owrrer arrrJ the flasalt Water Corrservarrcy District for ilre release of
replacentertturater [rottt RtretJi Resetvoir is in eflect, or ttrlller ar.r apJrrnverl Jrlarr for aUgilrentaliorr B\ /CtJ corrtrar;t //.]6ll
Appro'red for Ilre charrge irr use <-rf arr exislirrg well, pernrit no. 543i]3 F (cancelerl).
Tlte use of grotlnd vrater frotrt tlris urell is lirrrited to orr.linary horrselrolcJ prrrposes irrsicle one (.1 )single farnily clwellino
llte'rrale rittr; o[ 10lrorses. All rrse of llris wr:ll v,rill [re crlrtailerl rrrrle:;s tlre vraler allotrrrerrI co.tract or a,larr [.r
atlgrrrerrt;rlrorr is irr elfecl
Ilre rnaxirrrrrr. prrrrrl,.irrr; rate of tltis well slr;rll n,t exceeri l0 Gpl,1
Tlre attnttal vtilltcht'tttttl of groLrrrrJ v;ater frorn tltrs v,",ell slrall rrot exceecl 0 56 acre feet
Tlte return [lov.r [rottt Ilte tlse of this well nrust be tlrrouglr an indivicitral v,,aste water disposal syster' .f lre
norl-e'zaporaltve tylre v;ltete tlle vrater is rettttner-i to tlre sanre strearn systenr in wlrir;lr tlre vrell is locatecj-fhts vrell slrall bc locateti ttot tttore tlrarr 200 [eet [rorrr tlre location speci[ierl orr ilris perrnit.
llle o''vttet slt;rll ntark tlre r,vell itl a cottsl;icttr:tts place vritlr vrell pernrit rrtrrtrber(s), rrarne of the aqtrifer, anrJ court casenttrnber(s) as apptopriate Ille ovrrter slrall take necessary rnearrs arrd precautiorrs to preserve these markirgs.
A totallzirlg flow ttteter rnust [re irrstalleri orr tlris well arrrj rrrairrtairre<J in goor.l workirrg order. [rer.ranr:rrt recor<js of all
ciiversions rrtltst [re rnairrtaittecl by tlre well owner (recorder] at least arrrrrrally) arrrJ subrnitterj to the Dirzi:;iorr Engineer upon
reclrrest
lhis perrrri[ lras treen appro'rerl for a putrrpinq rate of 10 GPM anri an arrnual <Jiversion oF 0.56 acre-fer-.t lrasecj on theteqttested ttses ancJ tlle calclrlatiorl sheet sttt;tnitted tor tlris vlell. You are hereby notifierl iltat you lrave Ihe riglrt to agrpealtlte issltattce oI tlris petrrrit, lry tilirrg a writtetr rerltrest witlr tlris otl'ice wilhin sixty (00) days of ilrg. <jate of issuarrce, prrrsrrarlt _zlotlreSlateAdrrrirrislrativeProcedtrresAct (SeeSectiorr244-lO4tlrrouglt106,CRS) .D- x,,_7v,- o'2.--46/./2.
!;'o?-,:':.A-721---C-1-,,r/
By
4)
5)
6)
7)
B)
s)
10)
11)
12)
1 0 200;
Eastirrg
EXPrRATtc,l,LaAlE
Z\
Slale Errgineer
I 5003 76 t 6 2001
(/
{) / -.'*
ljtir r-tr l.lr-r
GWS-25
API'LICANII
PER
4)
5)
6)
7)
B)
e)
ut-l-tut ul- I tlt_ 5 ll\ I b l:lr,luilvttt(cot-oRnDo Dtvlstet! oF wArErl RESgSRCESt-JVUhlt;.t"{ ;) (,,'LJl'Y
llIIJ ()enlerrrrial tlkl(l , l:lI3 Slrerrrrarr Sl , t)crrver, Coloratio B02m -
(30i1) 866 35B1
I 095
WELL I'ERMIT I,IUMBER
DIV. 5 \A/D 38 DES. BASIN
[-ot I Blocl<: Filirrg: Sulxtiv: MAyFLy BEt,ltl RAt,JCll
GEORGE R I(ILBY
C/O CAt OIA & IIOUPI PC
I2O4 GRAI'ID AVE
Gt-El.lWOOD SPRlNlcS, CO t] t60i,
(e70) e4s-6067
Al]]8ov_Ep !ryEL L_LoCAt I O hl
GAt?t-IELD COUNTY
SW 114 NW 1l,l Sectiorr 36
Towrrshill 7 S Range BB W Sixllt tr ful
pt9 IAl!QEq FRQM_jrtrQlloN Llu EI
2'l 50 Ft frorn l',lortlr Section [_irre
800 Ft. frorn West
rJ uvl _QooRDlNAlE$
CONSTRUCT LL E a slirrg:
ISSUAI.ICE OF TI IIS PEI?MII t)OES [IO f COhIt--ER A WATET? RIGI-IT
QQNptl toNq _allaItPBAIU !=
This well sllall be used irl sttclt a way as to cattse no rnaterial irrjury lo existirrg water riglrts. J'lre issrra.ce o[ 6isdoes not assure tlte applicant tllat no irt.itrry will occur to anotlrer vestecl water right or preclrcle arrolhr:r ourper ofwater right fronr seekirrg reilef in a ci,;il court actiorr.
The cottstrLtctiorl of llris v"ell slrall be irr corrrpliarrce willr tlre Walr:r Well Conslrtrr;liorr ptrles 2
of a variatrr;e llas beett gtattterJ by the State Board of Exanrirrers of Water Well Oonstruction
perrrrit
a vested
(lCR 402 2, trrrless ir;tproval
artrl Ptrrnp llrstallation
Contractors irr accorrlance vritlr Rtrle 18
Forl< fliver, as an alterttate poirrt of rliversion lo tlre uasalt ConrJuit, on tlre conrJitiorr Urat tlte well sh;rll be opei.atr:d orrly
'irhett Ihe Baszrlt \l/ater oorlservarlcy t)istrir:l's sttt;slittrte water srrpply lrlarr, alrJrrovr:rJ try lre State Errqirreer, is irr cffect arrrlr'rzhett a vrater allotttlerrt cotrtract lletweett llre well owrrer arrl llre ilasalt Water corrservancy District frlr llre release of
tlreirriq:rtiotroItrotttlorellrarrT,500s(luarefeet(0..1 /ofanacre) oI lrofitec;arderrsanrllawns All useoIurisvrell will lrecuttailed unlr:ss llte water allotrrterrt corrtra<;I or a plan for arrerrrr:i-,taliorr is irr elfect.'ilre,r:ryirrlrrrr yrLirnpirrg rate of tlris well sltall not exceerl .l 0 GIrUI
I'lre anrrrral i,vitlrrirav',ral of grorirrd wa{er frorrr Uris viell slrall rrot exceerJ 0 B1 acre-feet.
-f lte retrrrrr [lor,.r lrorrr llre t]se of lltis well nrust be lltrorrrllr an irrrlivi<lrral waste water rJisposal systern ol the
tron-e'"aporalive type wlrere tlle v,iater is relurtted lo fhe sarrre slrearrr systern i1 wlriclt lre well is locaterJ.-Ihis t'.'ell slrall be cottslrttctetJ ttot rrrore tlrarr 200 feet frorrr tlre locatiorr specitied orr this pernrit
Tlte o"'vtter sltall rtrark ttle well in a conspicttotts Place with rlell perrnit rrrrrrrber(s), rrarrre of t6e aqrrifer, aprl corrrl casentttrrber(s) as apllropriate. Tlte owner slrall take Ilecessary nreans and 1;recarrtions to preserve 6ese nrarkings.
10) Atotalizittq[lowtlteternlustbeirtstallecl orrllriswell arrrlrnaintairre<1 irrgoocl workirrgorder. perr,arrentrecordsof alldi'retsiotrs ttlttst l-re rttaitttaitled by tlre well owrrer (recorded at lear;t annUally) ancl srrbrnitterl to the Divisiorr Errqirreer uporrre.luest.
11) -this Prertllit llzrs [-reen aJrJrrovecl for a putnPtng rate of 10 GPM arrri arr anrrual cliversiorr of 0.B1 acte-loet basecj orr [lrererlttesterJ ttses attrl tlte calcrllaliott slteeI srrbttritterl for this well. You are lreretry notitied ilrat yotr have the rigltt to ap1;ealtlre issttance of tlris Jretrtrit. t)y tilirrg a written re(lilest witlr tlris offlce witlrirr sixty (6u) clays of ilre clate of issuance. DL,rsuanttollresltateArJrrrtrristrativeProcerittresAct (SeeSectiorr 24-4,1o4 ilrrorrglr 106,CRs)Zf-2rr -A--- a 2...-leZo4 (
APPITOVE{]
DMW
_F
I\4D
//o7"/A--A7o*==--
U rrrr, { /r nr-rrl-r
,1:k //'
--t4' .'.:. i,., 1- t,a,/'
^IJ-1b9500
Stare Ensirreer
onr r rssLlr.,, F- E [J 1 6 2001 t)tRAt I
i l-orrrr t.lo
GWS-25
APPLrq4lgr
GEORGE t] I(ILBY
C/O CALOIA & IIOUPI PC
1204 GI?AhID AVE
GLEI'IWOOD SI'JRII.]GS, CO 81601-
(970) 945 6067
PERMIT TO CONS IttUCT A WELL
Ul-l'lUt Ul- lllb 5t/\lL Lt',t(-:ltrli::t:t(qoLo[(ADO r]tvtstoN oF wATEtl RESOLJRCBl8 Cerrlerrnial t3klq.. 13,l3 Slterrnarr Sl , [)enver. Colcra<]o 80203
(303) 866 35Bl
JJUyI\lfff l,{i
A PPBQVEQIryE LLIQ cAt I o N
GARFIET-t] COUN TY
SW 114 Nw ll4 Section 36
I'owrrship 7 S Range BB W Sixtlr P.M
_D I s U\N e_E r_rjloM s EaIQN L_ll,l_E_s
00py
1 095
WELI- PERMII NUMBER
DIV 5 \ruD 38 DES. BASII.I
Lol 2 Elock l-iling. SLrbdiv: MAyFt,y IlEl.lU RAl,lCll
2560 Ft. frorrr Nortlt
500 Ft. frorn West
u1_'M-CO_QBDll.lATEq
I'Jor tlring:
Section Lirre
Section l-irrt:
Easlirrg
4)
s)
6)
7)
B)
e)
10)
11)
lssuAl'lcE oF -l'llls PERMIT Dot:s Nlo t coNJFER A WATER RTGHT
coNptr toNs oF APPBqVAL
'rlris r,vell shall l-le userl in suclr a way as lo carrse rro nraterial injrrry to existing r,vater rights. l-he issr.r;lnce of this perrrrit
does rtot assttte tlte a1;PIicartt tlrat tto irrjurywill occuI to arrollrer restecl water right or precltrcie alother owner of a vesterl
lvater riglrI frorrr seel<irrg relief in a civil corrrt aclion.
Tlre cotrstrtrctiotr oI this v"ell slrall be in cotrtptiarrce vvith tlre Wator Well Cohslrrrcliorr [irrles 2 CCR 402-2, urrless aplrroval
of a variance has been grantecl by llre State Board of Exantiners of Water Well ConstrUction and [)rrnrll lrrstailation
Corrlractors irr accorriance willr Rule 1B
Fork [?iver, as att alterttate Jroittt of rlivetsion to the Basalt Cortrlrrit, orr tlre corrrliliorr flrat the well slrall be operatec.l orrly
wllett the EasalIWater Cottsetvattcy t)istrii:t's substitute water srrpply 1tlan, approverl by llre Stale [:rrgileer, is irr elfect arrr.l
vvhen a',vater allottnent contract belvreen tlte well owrrer ancJ tlre Basalt Water Conservarrcy District l'or Ure release of
replacernent'rrater [rotn Rlterli Reservoir is in etfect, or rrrrrler an approverl plarr [or arrgrnerrtalion L']WCD corrlract //368
lhe ttsr: oI groutrcl water frottt llris well is lirrriterl to orrjinarv lro,selrol<l f)rrrF)oses irrsirle orre (1)sirrglr: farrrily clwellrrrg arr<l
ttreirrigationofttotrttoretlranT,500s(luarefeet(0. 17ofanacre) oflronregar<lerrsalrdlarryrrs All useol Utiswell will lrc
curlailerj urrless the v;ater allotntettt contract or a ptan for arrgrnenlation is irr effe<;t
I lre mayirntrnr prrnrpirrg rate of llris well slrall rrot exceerJ .10 GlrM
llre antlttal vvitltrjrawal of grottttdwater frorn tlriswell slrall rrot e>icee(l 0 B1 acre-feet
I'lte retLtrtl [lo',v frottt tlre Ltse of this well nrust be tlrroLrglr arr irrc]ividual waste water tlisposdl sysler, of lte
trort-evallorative [1'pe wlrere tlle water is tetttrtted to tlre sanre st.eanr systern in wlriclr ute well is lor:aterJ.
Illis 'r,'ell slrall Ire cottstrttr;ted not rrrore tlran 200 feeI fronr the Iocatiorr specitierJ on uris perrnit
Tlte ov;rter sllall nlarl< tlre well in a cottsJricttous place witlr well perrrrit rrrrrrrber(s), narne oI tlre arluifr:r, ald cotrrt case
rrurnt;er(s) as alllrroJltiate. Ilte owtter slratl take necessaty nreans ancl precatttions to preserve thesr: rrrarkilrgs
A totalizing flow meter tnust be installed on tlris vrell and rnaintairred irr good working orrler perrna.*rrt recorr1s of all
rJiversiotrs ntttst [re tnairrtained by tlre v'iell owner (recorclerj at le,rst artrrtrally) arrrl sUirnritterl to ilre Di,vision Engineer trporr
recltrest
'fllis perrrlit ltas lreetl a;rproved for a ltutrrltirrg rate of I0 GPM altrj an arrrrrral rjiversion o[ 0 B.l acre-leet basecl orr Ure
rerluesterl trses; artrl tlte calctrlaliott slreet sulrtttitte<l for tlris well. Yorr are lrereby rrolifiecj tlrat you have the riglrt to appeal
Ithe issttance of tlris pe rrnit, by filing a written reqttest witlr tlris o[fice witlrirr sixly (60) days of Ure date of issuance, ,rtrsuarrt ito the State Aclrrrirristrative Procer.Iures Act (See Sectiorr 24-4-104 tlrrr:ugh 106, C R S ) /9'.V-.-- 7.r o Z,--f O.1oz
1-.,,-2r'/_-
By
)---/u-).1,-tt,/LL
Stale Engineer
037B 1 6 20t11 l-EB 16 200ION DAI]AT E ISSU
:il:l* ilSrbn',io,,,,?,ti5',^lir'o'i,V,l'i[ilhuuo..,,r.r]/tlui'qir-.1 [ ,..r tzLJl 'Y
B lB Cetrterrnial IJlrlg , 1313 Slrettrran St., Derlrer, Colorarlo Bll2'13
(30 j) 866 3r;B I
aPl!-eaur'
4)
5)
6)
7)
B)
e)
10)
11)
GEORCJE t] I(II-BY
C/O CAI OIA & IIOI]P I ITC
1204 Gt?Al.lD AVE
GLEhIWOOD SPIlII.IGS, CO B I60 I-
(e70) 94s-6067
OCONSTRUCIAWELI.
I 095
WELL PERMIT NUMBER
DlV. 5 \l/L! 38 DES. BASIN
[-ot. 3 Block Filing Sut;div; MAYFLY BEIID tiANCll
aPS-]3QVE p WE:LL L!)cAl r oi.r
GARFIEI-t] COUN tY
SW 114 t'lw 114 Section 36'fownslrip 7 S Range BB W Sixth P M
pr s laNc Esf tloM riL cTraN _L[tt_9
2250 Fl. [loln Nortlt Ser;tirlrt l.irte
1100 Ft. frorn West Sectiorr l-irrr:
ul_rvlCooRplf)lalEs_
l.lottlrirrg: Easting
ISStJANCE OF llllS Pt-RMll UOES I'lOT COl.lFEIl A WAI ER ttlGtlT
c O l,l Dl_t I o I'J S _Qh A P IlB,o_yAL
Tlris v;ell slrall be trsed itt sur;lr a v.ray as to cattsc no rrraterial irrjtrry to existing water rirllrts. ilre issttzrnce of tlris petrnit
does rroI assurr-; tlre applicarrt Ilrat rro injutyv,rill or;cur to arrothervestedwater rilylrt or preclttde anotlrerr owner of a vcste<l
r,vater rigltt frotrr seeking relief in a civil c<;trtt actiott
I'lre constructiorr of [lris t^vell slrall t;e in corrrpliarrce witlr tlre Water Well Constrttt:tiorr []rrles 2CCR,102-'2, urrless aJrpro'r;rl
of a variance lras been grante<l by tlre State lloarcl of Exarnirrers r-,f Water Well dorrstrrrctiorr antl Ptrrnp lnstallation
Corrtractors irr accordance vrith Rule 18.
llrproved prrrsrrarrt to CRS 37'90-137(2) {or tlre corrstrrtctiorr oI a well, approprialirrg rlourrrl water tritrtrtary to tlre [?oarirrl;
Fork River, as an alterrrate poirrI oI riiversiorr to tlre BasalI Conrluit, orr tlre corrr,litiorr ilrat tlre well slrzrll be operater,l orrly
vilren tlre Basalt Water Conservatrcy District's substittrte vrater supply platr, approved by tlre State Errr;ineer, is itr r:[[ect attd
v.ihen a vvaler :rllotrrrent corrtract t;etween the well ovrrrer ancl tlre []asalt Water Colrservarrcy District [or the release of
reJ.rlacerrrerrt ,later frorrr lirterli Resetvoir is irt eflect, or ttttder an irpproved;rlatr for augrnerrtation. UWCD colrtrar;t i/368.
-l lre use of grourrrl 'rrater [ronr tlris well is lirrrited lo ordirrary lrouselrolrl l)t1rJ)oses irrsirle orre (1) sirrgle [arrrily rlwellirrq an<l
tlreirrigatiorrof rrotrrroretlranT,!r00s(luarefeet (0.17of atracrc) oilrornegarrlensandlawns. All rrseof tlriswell ln,ill lre
crrrtatled Ltrrless tlre lvater allotrrrent corrtract or a platr lrlr attgnte ntatiorr is irr eflect.
'I lre rrrazirrrtrrn J;urrrpirrg rate oI tlris'ryell slrall not exceerl 10 (jt]M
f lre arrrrr,tzrl vlll:rfia,ttztl of grotrrrrj watr:r fronr tlris well slrail not r:xr;eed 0 Bl acre feet
Tlre retr.rrn floar frorrr Ilre ttsr: r.rI tlris well lnttst be tlrrotrglr arr irrr.livirlrral werste water rlisposal systern ol lhe
DOr)-p,73;161u1ive type wlrere llre water is retttrtreci to llre sarne streatrr systerrr in wlri<;lr ilte well is Iocaterl.
Tlris,,'rell slrall Ire corrstrur;terI rrot rnore tlran 200 [eet lrorr tlre Iocatiorr sJrecilierlon llris 1;ernrit
-l.he o,i.,rrer slrall rnark Ilre v',,ell irr a conspict.totrs place witllzvell perrniI rrurrrtrer(s), rrarrre ol ilre ac;triler, arrrJ corrrt case
nrrrnber(s) as approptiale. T lre ovrtrer slrall take Irecessary tneatts ancl Jrrecatttiotrs to yrreserue tlrer;e rnarkirrl;s.
A tcrtalizing flo',^r rneter trrust be installecl crrr tlris well attd tnaintairecl irt g;oorJ wotl<irrg orrJer. Perrnanetrt recorcJs of all
di,rersiorrs rrrusI be rrrairrtairred [ry the rvell owrrer (recorcled at leasI arrnrrally) anri sttlrlnitted to tlre {-)ivision Engirreet ulron
rerl u est.
lhis perrrrit has treen a1':proved for a prrnrl;irrg rate of 10 Gt)1,,4 and an atrrrual diversion of 0.81 acre fr:et basecl orr Ure
rerluested uses arrcl tlre calculatiorr slreet sLtbtrritterl [or tlris well. You are lreretry notifiecl that yott lrave tlre tight to appeal
tlte issualtce of tlris perrrrit, by filirrg a t^rritterr request witlt tlris o[[ice witlrirr sixly (6t)) rlays olllre rlater of issuance, pu_Jsttant
totlreStateAtlrrrirristrativeProceduresAct (SeeSection 24-4-lO4tlrrouglr 106,rlRS)D-l'-','--- O-l--////1-ao(
/'r4-lr:.ztzl'4
[i] 16 2001 '=xrtno, t.,N DA*-FEt] 1 6 200
1)
APPROVET)
D[/W Z\
State Enlyineer
Fqirri t'.to
GWS-25
4PPLICAt!r
ul-t-lub ur il1E b rl-\ rL trr{t llvLEl( r.t t; d t ut*t iglqloRAoo otvlstery-oF wArgn RESouRCEs " t,-i (rtJf'y
B lB Cerrterrniat Btdg , l3t3 Strerr.air 5t., ituir.r, iol?arro aozoa(3()3) B66 35Bl
1 095
GEORGE R I(ILBY
C/O CAI OIA & TIOUP f PC
1204 GRAI.JD AVE
GLEI'JWOOI) SPRII.JGS, CO B I
(970) 94s-6067
601 -
WELL PERMIT NUMBER 54869
--
F ---.--
DIV. 5 WD3S DES. BASIN MD
4 Ulock: Fiting: Sulj(jiv: MAYFLy Af rufl nnruCti
Ai' P_BQ YE D -WE L_L_I.C) CAT I o t J
GARFIELD COUNTY
SE 114 M i/4 Sectiorr 35
TowrrslriJt 7 S Rangle BB W SixUr p M
p r sTA Nc ES FRaM_qEA n a[LINE=s
2600 Ft frorn Norilr Sectiorr Lineg0 [:t. frorn East
U IM COORDtt\tATEQ_
f.lor tlring:
Set;tiorr l_irre
Eastirrg:
ISSUAI,JCE OF I IIIS PI-RMII DO[:S NOT ;N[-ER;W;TER;ilGI''
CONITII!Q-|!S OF APPRQVAL
Tlris well sltall be ttsed irt suclt a way as to r;ause no nraterial injrrry to existing water rights I he issuirnce of lris perrrritcloes noI assttre Ihe applicarlt tlrat no injurywill occrrr to anoilrer rrested water right or preclrrcle arrother owrrer.f a vestedvrater right frorrr seeking relief in a civil court action
4)
s)
6)
7)
B)
e)
10)
11)
whett a water allotnretrt conttact betweetr the well owrrer anrj tlre Basalt water corrservancy District [or ilre release ofreplacentetrt viater ftorrt Ruet'li Reservoir is irt elfect, or rrrrrler arr approverl yrlan for arrgmentatiorr El\/vct) corrtract //368A.7spr<;verlfortlrecrrarrr;eoIUseof arrexistirrJ;weil,pernritrro 54382-t:(carrce.:retr).
flte use of gtrttlttd water [rotlt lhis well is lirilited to or<Jirrary lrouseholcl purposes insirle one (l)single farlrily dwelling arrdtheirrigatiorlofrtot nroretlrarrT,500sqriareteet(0 l7ofarracre) oflronregardersarrdlawrrs All useofrhiswell will tlecttrtatlerJrttrlesslltevrateraIIottttetttcrlnttar:totaJ:latlforattgnrerlalionlsirierrect
I lre ,ra;<irrrtrr. purrping rate of this rryeil slrall .ot exceeri i0 GpM
Tlle antltral vritlrcirawal of groutrrJ v,rater frorrr tlris well slrall rrot exceerl 0 u1 acre-feet
Tlie retLrrrl Ilow frortt tlre use ot tlris well tnust be lhrough a. in<lividual wasre water disposal systenr .f lrenon-evaporative type wltere Ilre waler is returned ro the sarne slrrranr systern irr wlricl 6e well is localerJl.llis vrell shall be locaterJ ttot tttote tlrarr 200 feet frour tlre locaticn specilied orr llris pernrit.
Tlte owtter sltall trtark tlre well itt a cottsDicuous Jrlace witlr well pernrit nrrrnl-rer(s), narne ol,tlre aqrriter, artcl cotrrt casentltrlber(s) as appropriate 'l lre owner sltall take necessary r,eairs a.d precautiorrs to preserve these nrarkingsA totalizing flow rrteter rrtust be irrstalled on tlris well arrcl rrrairrlairrerj irr good working orcjer pernrarrerrt recorcrs or a,
i:,"-J:::tt
tttrtst be trraintained by the well owrrer (recorded at least annrrally) arrd sLrbrritted to the tJiv.ision Engineer trpon
12) Tlris perrnit has beert approverJ for a putnl;ing rate of 10 GPM a.iJ an annual rjiversioIl of 0.81 acre-fr-,et based on,rerequestecl ttsesandtlrecalcrrlationsheet srtbrnitledfortlriswell. Youareherebynotifie<jthatyoulav,e,reright toaprpealthe issuattce of tlris permit, by tilirrg a written request with ttris oftice wiurin sixty (60) days of the clater of issuance, prrrsrlantto llre State Arlrrrirrislrative Procet]rrres Act (see sectrorr 24-4 104 urrouglr ,oo, ;;al *';,-"-;*';;I'fi'EZrr/
4 )\. ),--l)*/,_.t /Stale Engineer
380
ji;;::::H:::ll.j::1,:i]ilTl,:,::111",1.: wilh ure warerwefl consrflrction Rures 2ccR 40.2.2,unress approvarof a variarrce lras been grarrtecl Lry ilre State Lloard ol Exarriners of water well tCorrstructiorr and Purrrp lrrstallalionContractors in accordarrce vrith [iule 1B
lll'J"-l;:,"::';::'ll,:1^t":Y.ll;i,11].11]:,,1,: :".1,.,,,i:prr of a wel, appropriari.s grourl<r warer triburary ro ure rloari,q
:;'j,T;ljl::;'l^i::j:i::l:l:::jj3::"::1" l1l'l1':'''co',,i,,,t ";iil;;l;i;;,;,i;,1';:;:1lJ?,JilJ:i:; ff;n Lrv ul/trtdteL, unly
:11]::] i': :::i':^Y:l:l:"1,",11,':, Distrir:t's subsritute water suppty ptan, approved r,y rtre srate r:rrsineer, is in errecr arrd
APPROVED
DI\/W zl -2
tlo. 9 ,r.r;r[-[-B 1 6 XPltlAl l(lt'l DA EFER 16 2OO
XISTI WEL
By
DISI'IUC'r CO U R'I', \\/A'rIiIt
ST'AT'E OIT COI.ORN DO
109 llighth Street, Suite 104
Glerrwood Springs, CO 81601
970-945-8t09
DIVISION NO.5,
A COURT USE ONLY A
CONCE,RNING 1'III' AI'PLICAT'ION ITOR \ryA ER
RIGIITS OF:
GITORGE II. KILBY
in Garfield Countl,, Colorado.
Attorney of Recorcl:
Sherry A. Caloia, Esc1.
Caloia & IIoupt, P.C.
1204 Grand Aveuue
Glenwoocl Springs, CO 81601
(970) 945-6067 945-6292 - fax
email: scaloia@sopris.net Atty.No. 11947
Case No. 2000CWl 19
FINDING OF FACT, CONCI-USIONS OF LAW, RUI-ING OF T'IIE IIIIFERIDB,
.IUDGMI'NT AND DE,CREE
I
T'he above-entitlerl Application was filed *&Jr$ Arr arnenclecl Applicatiorl was filetl on
Decenrber 3,2000. The Application and Anrenddll Application (hereinafter "Application") r,vere
referrecl to the Water Referee for Water Division No. 5, State oI Colorado, by the Water Judge of
said Courl- in itccordance with Article 92, Chapler 37, Cl.ll.S., knowtr as the Watcr Iliglrts
Detennination ancl Aclnrinistration Act of 1969, as anrenrlecl.
T'he undersigned Water Referee, having made.such investigaLions as are necessary [o
cletettlilte whether or not the statements in the Application are true, and having becorue fully
advised with respect to the subject matter in the Application, rloes hereby rrrake the lollowing
Findings ol'Fact, Conclusions of Law, Ruling of the Ileferee ancl Jurlgrnent and Decree in this
matter:
I Nantes, ttcldresses and telephotte nuntbers of Applicottt:
George R. l(ilby
505 Sandy Lane
Aruristorr, AL 36207
ApplicanLs have requested water rights clescribed as follows:
1 . Nattte of structur"e: Slough Ditch ancl Banning Lateral, Mayfly Bencl Ilanclr
E,nlargenrent
A. Locatiort'. the approxitnate Iocation of the point of diversion is at a point front
rvltence the Southwest cornerof Section 31, Township 7 South, Rauge 87 West
Mp
2.
Klt,tlY-Rrrling oI Refer ee
Dislr ic( Corrrt
l\zatcr Divisiorr No. 5
I(ilby-f(n 1 111o,I Ilc f'e.ee
Cas: No. 2000(l!V I l9
l)age 2
oI the 6'l'['.M. bcirrs sorrtlr 25 degrces, Wcst l9(X) I'ecl, Carfjclrl Courrt1,,
Cioloraclo.
Il ,\'ottrc:e'. tlre I(oatirrg Iror l< l(iver tribLrt:rry to tlre Clolorarlo ILir.'er.
C'. tlltltroll'ioliort rlole'. .latruary 30, 2000, by purclrase of tlre I)rol)erty rlevclopnrenI
oI platts Lo <levelolt tlte proltert), inclurlirrg preParation of a srrbrlivision plau autl
Ibrtnatiotr of the intent to [ruild a polrrl fbr the uses set forth belorv.
I rtt otutl'. 2.0 c.f.s., corrditional
E. {,/,re,r: Iiot'fieslrenirrg fiows o[tlre [vlay[1y lJenrl l(arrch l)oncl Nos. I arrrl 2 arttl to
flll the Mayfiy Berrd I{anclr No. I lor stock u,atcring, rvilrlli[e, lcsllrctic,
piscatorral, recreatiorral uses.
2 Ncr rrr e o f'.s I t tt c:l rt t'e'.IVIaylly Ilerrd l(anclr l)onrl No.
A. Lot:trliotr'. the potrrl rvilI be located in tlrc Nortlreast % oI the Southeast % o[-
Scctiorr 35 , 'l'orvrrship 7 South, l{arrge 88 lVest oI tlrc 6rl' l'.M., the rvest crrrl oI
tlre;roncl attcl the rlaur is locaterl at a poirrL l00 lcct h.our tlre Ilast scctiorr line arrtl
2700 |-ecl li-orrt the Nortlr sectiorr Iirre of'slritl Scction 35, irr Clarficltl Couttty,
Clolorado.
IJ. ,\'ottrce'. tlrc portd r.vill [;e fillctl rvitlr grourrrlu,atcr tributary to the ltoarirrg Forl<
I(iver zutrl tlre Slouglr Ditch and 13arrrrirrg I-ateral, N4ayfly Ilenrl Ilanch
Illal.gentent, rvlticlr is rlesct'ibecl above irr Applicants' liirst Clainr above rvill flor.v
(_l
tlrtouglr the porrd.
/pltroltrioliort dote: .lauuat'y 30, 2000, by purchasc oI propel'ty, rleveloptrtettt oI
yrlaus to rlevelop the property, engineeriug anrl 1;lanuiug for-a subdirrisiou rvith a
poncl attl fonnzrtiolr of intcnt to use water Ibr beueficiaI uscs.
I)
u.
F
3.
/rrtotrrrl cluinrerl'. .5 acre-[eet, conclition:tl
[./se.s: recrcatiou, piscatorial, rvilcllife, anil stocl<
I{enrarks: A rvcll pernrit lras been applicrl for this structule
pet'ruit no. 055351-F.'l-lre porrd is locatecl upon lands orvned by,
Nrrrtte oJ'.struc:tttre: Mayfly ilerrrl l(anclr I'orrrl No. 2
D
KII-llY-l(ttlirrg ol I(elcrce
It'r
l)istr ict (-rrrrrt
\\ra(cl IJivisiorr No. -5
I(ilb1,-l(111,,'t oI t{cfl'r ec
Case No. 2000CW I I9
l'age -i
(l
A' l,ocutirtrr" tlte;;olttl will be locaterl irr the Nortlrrvest t/,1 of tlrc Soutlrrvcst %.ISectiott 36,'l'owlrshiP 7 South, Rarrge B8 West oItlre (r'l'lr.M., the rrirldlc oIlhe
Pottcl locatetl at a PoillL 250 leet Ilorn the lVest section lirrc anrl 2900 f'ee[ [iorrr tlreNortlr sec(iotl Iilre of saitl Sectiorr 36, in Gar Iiclcl Cotrrrtl,, ggiorarlo.
C
B ,\'ortr.c:e: tlre ltorrrl rvill be tlllecl
[(iver and tlrc Slough Ditch
I}r largenrcrrt, wlriclr is descr ibccl
tlrrotr gh tlre 1;crlrtl.
vvitlt grqurrclrvatcr tributarl, to tIc l(oar ilrg Iior l<
itttrl .[3arrrrirrg Lateral, May111, I]errtl l(arrclr
atrorre itr Applicants' First Clairrr abovc rvill florv
D
,'lltltroltrittriorr tlttte: .f arruary 30, z(Joo,try lrulclrase oI proper.ty, developprelI oIplatts to tlevelop the Ptoltet'ty, cuginccling anrl planniug lor a subrlivision u,ith apoucl and lonrratiorr oIintent to usc urater.firr.beneficialirses.
/rtrotrrrt cltirtrerl. .S I acrc- f'eet, cuurlitiolal.
t1' U,sc.r: l'cct'c:ttiolt, 1;iscatot-ial, wiltllil'c, aestlrctic anrl stocl rvatel.irrg
I{etuittl<s: A rvcll ;lcttltit ltits bectr rssucd fbr tlris stnrctrrr.e pur.sururI to Wellpcr.rrritrro.05-5352-F.'flrc po,d is loc,tecl uporr Ia.ds'rvrerl by Ai;plicarrr.
Nurrte oJ',slrttc:ltu'e: Mayfly llcrrrt l(anch I,orrd No. 3
n l'rtcoliorr: llte 1;ottd will be locateil in thc Nortlnvest t/a ol llrc S.uthrvest % oISectiott 36,'l'orvttshiP 7 South, Itarrge BB west of tlre 6'r'Ir.N4., tlre nrirlrllc gIt5e
lrcrtrtl locatecl at a Poilrt 750 leet Iionr tlre'Wcst section line anrl 2700 t-ecL fionr theNortlr sectiott line of sait[ Sectiorr 3(r, rrl Garliclrl Courrty, Colorarlo.
IJ '\ir'ttrrce: tlte Potlcl will be lillecl u,ith wlter cliverted tlrrough the Slough Ditch arrrl13atlttrtrg Latet':tl, origirral tlecrcc case 11o. 3017 Carficlrl Cc,r,,,t.-y, Cglgr-ado(AllPIicant owlls aPPl'oxitrtately 2.89 c f.s. oI llris u,ater riglrt) aptl ivill use tleorigirral rvater tiglrt tetrrl;orarily storcd tlrer.cirr [ol irrigatio,,; n,,il t5e Slough Ditc.hIttttl Ratltlitlg Latel'al, Mayfl1' Bettr[ Rarrch Ijrrlargcurcnt, rvhiclr is rlescribetl atrove
irr APplicants'First Clairtt abol'e. 'l'his
1;orrrl rvill not intercept grounclrvater-at tSistittte ltotvever if gtottttclwater is interceptcrl it lvill be tribLrtary ti t1.," I{oarirrg liorl<
l{ i vcr.
/1t1tt'rtltritrtirttt tlrtlc'. .laltrtal.y 30,2(XX), by purclrase oIpro1;erty, rlevcloprrrelt ol'
lrlalts to ilcvelolr tlle proPet'ty, ertginecrirrg arrrl Plirrruirrg [or a subrlivisiorr u,illr;rporrcl arrrl forrrratiorr oIirrtent to use water Ior bcnellciirl uses.
I)'lttrottttl <:lointerl'.4.0 acre-leel, corrrlitioual, u,itlr riglrt to Iilt anrl relltt in;rriori{.y
l( I I-13 \'-l(ulirrg ot l(el-cr ce
I)istr ict (lorrrt
\\ratcl Divisirrrr No. -5
I(ilbi,-l{1;|;1,t .l I(eler ee
Clase No.20(XXtWllg
I'}age 3
n ' I'o<:trliott: tltc Polttl will bc located irr the Northrvest t/a ol ll-rc Soutlrrvest % oISectiolr 36, 'l'orvrtslriP 7 South, I(ange 8B West oI tlre 6'l' Ir.i\4., thc rrrirlrlle oI llre
Porr(l locatecl at a Poitrl.250 leeL fi'orrr the Wcst sectiorr line all(l 2900 f'cct fl..,r tlteNorth secliou line of said Section 36, in Gar flelrl (lourrty, Cloicrrurlo.
IJ.
C.
D
,\iorrr r:e: tlre ponrl will be fllled
Il.ivcr arrcl tlrc Slouglr Ditclr
I-nlargerrrcrrt, rvlriclr is clescr ibcd
through the polrrl.
u,itlr grgurxlrva(cr trit;utary to llre I(oartng liorl<
ittrrl .13arrnirrg I-atcral, I\4ayfi1, Ilenrl Illrrrch
above in Applicants' l;irst Clairrr abovc rvill Ilorv
,4ltltrrtltrirrtiort rlure: .lanuary 30,2000, by pul.chase of pr-o1;er.ty, tleveloprrrcpt ol
Platls to develop tlle pl'o1tetty, cugincerirrg arrrl planuing for a strbtlivisir-rrr rvith a
Polrrl arrd fornratiorr oIintenl to use rvater fbr beneficial uses.
tl r tr or r rt t cl o i rtt ed: . 8 I acre- [-eet, condi tiotra l.
ial, r.viltlli['e, aestlre tic arrrl stock waterirr.q.
Itas [rcclr issucrl [ol this strr.rctrrre 1;ur.suarrt to wcll pcl-rrrit
is locatetl upon lalrds orvltcd [ry Applicarrt.
4.Nurtte o.f.str.ttr:ttrr.e: Mayfly Ilend l(anch I)old No. 3
l,oc:rrliorr- tlrc Pr-rrrrl rvill bc locaterl irr tlre Nortlrr.r,est t,/4 or Llrc sotrthrvest %Seclion 36,'l'owlrshiP 7 Soutlr, I{arrge B8 WesL of llre 6'l'Ir.lt4., t6e urirlrlle o[-
Pottcl locaterl at a Poilrt 750 feet Ilorrr tlre'\\/est section line antl 2700 Ibet fi.orrrNortlr section lirre of'saitl Section 36, rrl Garfleltt courrty, colorarlo.
oI
the
the
C
Us e.y : recreatiorr, ltiscator
[{crrlrrl<s: A wcll pcrrrrit
no. 055352-F. 'l'lte pond I
B Sottt't:e: tlre Potrtl will be Illlerl rvitlr rvatcr rliver.terl tlrrouglr tlre SlougS Ditclr arrtl[]atrtritlg I-ateral, origirral tlecrcc casc 11o. 3017 Gar Ilelrl Countl, Culgr'arlo(Alrplicant o\'vlls ill)l)roxirnately 2.8t) c.f.s. ol^ tlris u,ater liglrt) alrl will use tlreorigilral watcl'l'i-eht tetrrpor:tt.ily stor.ed tlrcrcin Iirr irLigatiou) arrcl tlre Sloug5 DrtcS
:ttltl Ilattttillg Latel'al, Mayfl1'Beurl ILanch Errlargerrr*t,,,,"lii"l, is rlescriLrerl aboveirl Alrplicants'First Clairtr above. 'flris porrrl rvill not intercept grourrrllvater.at tlisIirlle ltowever if gr.otttttlwater is interceptetl it u,ill be tlibutary to tlre I(oar.ipg liorl<
Il i vcl'.
D
/ 1t1t rolt ri tr t i or t tl tt I e:
1;larrs to tlevelop the
pond and ftinrratiorr
,4 rttotr rrl clu i nt erl : 4.0
.la.trary 30,2000, b1, p.rclrasc o[ 1rr.o1;e.ty, tlcve lopr,c,t ol'
property, er:giueerirrg and plarruing Ibr a subrlivision *,itlr a
of intcrrt to Lrse water Ibr.berreficiirl uscs.
acre-leet, corrtlitiorral, u,itlr riglrt to filr arrtr rcllll in prior.ity
I( ll.lt\'-l(Lrlirrg ol l(cli:ree
u.
I)is(r'ict Currrt
Water Division No. 5
I(ilby-l{n | ;11o of I(ef-elee
Cas: No 2000(:W I l9
l'agc 4
E. {,/.re.r: t'ecleation, aestlletic and stocl( wateling. 'l-lris llorrrl will also be userl as zr
ir r iglrliorr slr uctut.e.
F. I(ctllilrl<s: 'l'lris ;rorrd ltas bcerr collstl'uctc(l rrrrtl rlocs rroI irrtclcrcpt grotrrrtlivatcr .'l ltc porrcl is locatccl ullon lall(ls owne([ by Ap1;licarrt.
5. Applicarlt has t'cc;ttestetl approval oI arr arrgnrentation l)lall tcl augnreut tlre allove
tlcscribcd rvatcr riglrts as follor,vs:
Strttctttt'es to be itttglrtetttcrl: Nlayfly Ilerrd llanclr l)orrrl Nos. t rrrrl 2 as set lortlr atrove.
1\. water rights lo be uscrl h-rr augnrcrrtation arrd/or cxcharrge:
Ilasalt WlIcr Corrservlurc1, I)istl'ict
Arrgrnerrt:rl ioll ltigh ls
B. Iltlcrrlttatiott [t'otn previous tlccrcc lor Crcen I\4ourrtairr Rcscrvoir':
L Sotu'ce: IllLrc I(ivcr , tt'ibutar y ol- Colorarlo I(iver
2. l-eg:rl clcscril;tiolr: located altProxirnirtcllr 16 rrrilcs SoutlrcasI o{'thc'l'orvrr
of I(t'clttlrtlirrg in Stttntnit Corrrrty, Cloloraclo, arrrl nrorc partictrlrrrly irr alI
t-tl'Patts of'Sectiotts 11,12, 13,14,15, arrrl 24 ol 'l'ow,rrslrip 2 Soutlr, I{arrge
B0 West, attcl irt Sections I 7, I 8, 1(), 2(), 21, 28, 29, anrl 34, 1'os,rrslrip 2
Soutlr, Rarrge 79 West oItlre 6tlr tr.N4.
3. Arljutlicatiolr Datc: October 12, 1955
4. Appropriaticrn Date: August l, 1935
5. Case No.: 2182, -5016, arrcl 5017
Cout't: Urritcd States District Court. District ol'Colorarlo
6. I)ecreed Arlourrt: 154,645 acl.c leet
1. Decreed Uses: irt nccortlarrce u,itlr Paragraph 5(a), (tr), arrrl (c) o['the
sectiott entitlecl "Manner of Operatiou oI Pl'oject liacilities and Auxiliary
Iracilities" irr Senate l)ocurneut 80.
C. Irrftll-rnation fi orn ltr.evious tlecree for Ruerli l(escrvcrir:
Kl Ll)\'-l(Lrlirrg ol I(clcrce
Dislrict (]rrrrt
Water I)ivisiorr No 5
I(ilb1'-1111 11,,* o[' I(cler ee
Casc No 2O(X)(l\\/lI9
I)agc -5
10.
lt.
17.
l3
l4
l5
8
9.
Sor-rrce: Iiryirrg ['an [tiver, tr ibutary of Colorarlo l(iver
I-cgirl clcscriptiorr: a11 oli-clliurrlel reservoir located itt Scctiotrs 7,8,9, ll,
and l4 throughlS,'['otvtrship B SoLrth, l{atrge 84 West oIthe 6th I'.M. 'l.lre
lcservoir is locaterl in 1;r-rticrrs oillagle atrrl I'ill<irr Coult(ics.
Arliutlicutir.rn L)ate : .lurre 20, 195.3
Alrlrtolrtiirtiorr I)atc: Jnly 29, l'()57
Casc No.: C.A.4613
Cout't: Ciarfield County District Coutt
Decreccl Attroutrt: 102,36t) acre ['cet (Originally tlccteetl lol' [40,697.3
acre leet; r'ctlucerl to 102,369 acr.e [ee[ in C]ase No. W-789-76)
Decreed Uscs: gerrct'atiorr of- clcctric enclgy, clorttestic, Itttttticipal,
itrrlttstt'ial, irrigation anrl stocl< u,atcl.iltg
Ily clecrcc of tlre Water Court in Clirsc No. 8lCW34, Ructli l(escrt,oit'tvas
tlccreerl a rcflll rigltl ilr tlre irrrrorutt ot'101,280 nct'c l-cct, corrtlitiorral. llt
Watcr Cout't Case No. 95CW95,44,509 acl'e lcet rvas tttatle altsoltttc.
l/.II ll\'-llrrlirrg ol Ilcli'rcc
I
I)islt ict (-<;rrrt
\\iatel l)ivisiorr No. -5
l( ilbir-f{11 | i 1;g of' Il el-cr ec
(-ase No 2()00('\,VIl9
I'atc 6
(l)
(2)
(.r )
(4)
(51
(t)
(7)
(8)
(e)
(l())
cousurltlltr\rc-l-tSe c|e(lits wer.e avai labIe to
an Llnnarltcrl l.eserVoir'. 'l'lre Basalt water
tlrese clitches, all(l (lrat 300 aclc lcet coulrl [re storcrl in
Conscrvancy Distr.ict owns 412.89 acre feet oItlte 453
Mayfly Bcntl ltarrclr l'orrtl Nos. l, 2 lrrrl
florv rliversioli illto tlte pontls. Ilxcrcisc o['
Iiotl< I(iver'of'l.3l acr.e leet alrnualll,. [t
I]Itrfbtlrratiotr liottt previous.dccrccs for'l-roy Ditch arrrl Eclith Ditch r.ights:
()r igirrlrllytlivcllcrl liorrrlvlillcr (rcck. Allotlrcrsor iginrrllyrlivcrtcrl iiorrrl'lyilgl,larrl(ivcr.
Allcrnatc poirrt lirr lrll prioritics rrI lroy:rrrrl l:rlith l)ilches.( trrttbittttl rttttrtrttl litttilcrl to I5 -5 cllr lrrrl 4-5.1 AI:ol corrsrrrnplivc usc, .'100 AIrol rvlrich clrrr 5c slrrctl.| '.- lrig:rtiorr, l) = l),nrcsrir:, I\'l = Nlrrrriciprl, ( - lrrtlrrsrrirl rrrrl l) = I'isc:rrrrrilrl.
It:rrrsli:rrcrl lrr l:rlitlr l)itclr Wcll ilr ( usc No. g(X Wl with l.() AI;.
lrrtttslr:rtctl lo llttcc s;ttittgsorr ( np l( l(rrrrclr irr ( lrsc N0.82( wlll9 (1.29 Al: rrssrrrnt'rl tolrc irrclrrrl<.rl).l)r:ctlctl Ir (icorgc Ya(cs rvitlr 15.4 Al: iil 198-,}. 0.2 cls arrtl 1060 cl.s rv:rs irrclrrrlcrl irr ( ilsc No. g2('w-157 lirr lLrrctli soullr sh()rcsltttgrrrcrrlirliorr ltlrrr.
l(cscr.r'erl Ii)r irugnrorrariorr'r ( rP I( l'rrrrrrs rvitlr 5 -52 n i.. ( rsr: Nrr 9r( \\,220.
A (otal ol 40.llA[;olllrcotigirrrl 4-5 l00Al:lrnsbcerrsrrkl ol lr:rrrsl.errerl
Irl Clasc No. W-2281, Divisiorr 5, the Court rlecleerl tlrat 453 acrc fceL o[-anrrual
ircl'c leet, illl(l lllill(es tlte watct Iiglrts available Io cclntract allottces lop usc l)srsrralt Io alr
apltroVcrl strbstitrrtc sul)l)ly plall ol-(lcctee of Clour.t.
'Ille'lroy rtlld ljditl) artgntclltrttion water calr be rle Iii,crcrl to tlre Iiryirrg l)arr, l(oirrirrg Forlr
or f.olor.lrtlo [{ivet-s b1'by-passittg watcr at tlre lrearlgirtc on tlrc Irryirrg Irarr Iliver.
'l-lle APPlicilllt l)as otrtairtecl a colltrircl fl'olrr thc l]WCID tbr l.Jl acre feet oIrvlter per-1,eu1
lrlus iut arltlitioltal atltount ol 5ol, for trarrsit losses
I:.. Statcrnclrtolltlarrfot-augrrrcrrtatiotr:'l'lrc
3 rvill fi ll fi u,r eithe r groru(lwatcr irrtelccPtio, o' surlace
the sLrl;-icct l)on(ls rvill resLrlt irr rlel,letiors to trre l{oarirrg
I( II -l)\'-t(Lrlirrg ot l(cltr ce
S IRI I( It]III I'lil()Rt I \( otilt t
( ASt:
No
A t).1
l)A.t E
r\ l'l'
I)NIE
l)li( lll,lrt)
AN40(JN I
(('l:s )
t.,stl
(4)
AN'lOl,N I Sol.t). IltANSl:hl(lll1l.) Olt
RIlSIlllVEl)
.ANt()l ,N I
lllrNlAlNlN(i r'"1
(5)(6)(7t (8)(e)('[:s
Irol,llilch
(ll .t 70 -1082 og/)5/ 19]6 o5/ot I t906 5. t0 I 0.(xx)0.0(x)0.09.s 0 064 0.().1 -5 d.(X)(r N/A
'l ro1, l)ilch
I st I:rrlg
427 .1082 08/25/ 1936 osnt/1928 I0 80 I 0.(xx)0 (xx)0.200 0.l-r4 0.07..1 l0 l() 1 N/A
l r (')/ l)itcll
2rrrl [:rrlg
(t(t()4(rl.l lYt/20/1958 06loUt942 620 I 0.(xx)0 000 0 il5 0 077 0 0,t2 -5.9(r6 N/A
l:rlith I )itcl 151 oRl)5t t9l6 05l0l11904 212 I () It0 0 I..120 0.0.s()0.0(x)0.0I3 2.4 |t N/A
l;(iith l)itclr
I st I:rrlg
611 461-.t l)(t/)l)l l\)58 ol/0til946 -t 2l I 0.00()0 (xx)0.06()0 (xxr 0 022 -r. t43 N/A
'I'toy l)ilch
\\;nlct
Sl,stcrrr rkr
I..otr er
I lcarlgatc
(2)
2281
l-5.50'tt I,l ),
NI
(. ,1,
0 tt0 0 l-r20 0 -s20 0 215 0 190 t4 211 412.8()
I)istl ict C'otrr (
\\/atel I-)ivisirtrr No. -5
Kilby-f(1111,,t rrf. l(e I.cr ee
Clas: No 20()0(llv I l9
I)age 7
titres u,hen these depletious nray be oLrt oIpriority, (lre exisLing plan oIaugnrentfltiou antl cxcltattge
colrtcurplates re[]lacclnenI ol- tlrose deltletiorrs with t'cleases ol'watcr' fi'onr tlre soul.ces as set [brtll
above, r'csullir.rg in tlrc rc1;laccnrcnt of dcplctions as sc[ [brth irr tlrc [ollorvitrg table:
Wn'l'Iit{ D Irl'LE'l'IONS
0.50 acre total sur.lirce atea
Dt,ultot'tliort
(Au'e-/bet)
'lolal
(lu'e-/bet)
.lanuary 0.005 0 005
Febr uar y 0.0023 0.0023
March 0.0049 0.0049
Apr il 0.118 0.1 t8
Mry 0 117 0.111
.lurre 0.734 0 234
.luly 0.739 0.239
August 0.209 0.209
Septenrbet'0.1 39 0 t39
October 0OttI 0.08I
Nrlve tntrcr 0.028 0.028
Dccerntler 0.008 0.008
Atrtrual I.3 t0 l3l0
No injury will occur to the vesterl watcr riglrts oIothers as a resulI oIthc operation oIthis
plan. I'he daLe oIthc exchange is .lartuary 30, 2000.
F. Natle aucl address oIowner of land on rvhiclr Creen i\4ountaitr rescrvoir and Retrtli
reservoir stnrctures are located: L.Jrrited Statcs Ilureau o[[(ecliunatiott
'l'ltc Court Ilnils tlrat thc Applicurrt lras Iornretl arrrl rlcuroustr.atecl llre reqrrisite itttettt to
apltropriate water arrd Iras tal<eu a substautiaI Iil'st stcl'r torvartl tlte approptilrtiotr oIrvatcr
irr lhe arnounts antl for tlre;rurlloses set forth in paragraplrs 2 atrtl 3, abovc.'l'lre Cotrtt
lirrtlrer firrds that urrappropriated rvater is available arrcl that the rvaters clairttcd by
Applicarrt carr arrd rvill be rliverterl, stored, or othelu,ise citpturetl, ltossesscd atttl
l(l I-ll Y-l(ulirrg ol I(clcrce
I)istrict (lourI
Watcl Divisiorr No. 5
I(iIb_y-l(rr I irrg of' I(eleree
Cas: No. 2000( l\^/ | l9
I';rgc 8
contr.ollc(l and r,vill be
rlescriberl herein can ancl
berrcficially use(l, and thirt tlrc rlivcrsion arrtl storage l)r'o.iect
will be collrl)lcte([rvitlr diligerrcc antl rvitlriu a r.easorrablc tiure.
CONCLUSIONS OF I-A\\/
4 -l'he Applicatiolr Iilcd hercirr is corrrltlctc, covcrirrg applicable nrirt(crs
turcler C.11.S. fi37-97-301, 302 and 305, 1913 as arrrenrlctl.
5. All rrotices rctluired by larv have lreerr giverr, arrrl ncl ftutlrerrrcltice rreerl be givctt.
6. '[he C]ourt has.jurisdiction oI tlris nratter anil oI all 1;ersolrs, ri,lrcther tltcy have
alrpearccl or not. C.R..S. 537 -92-30l(2) ancl -303(l ).
1. '[-lre C]oLrrt lras aulhorily to confir'ru tlre atrsolutc iurd corrtlitional rvalct't'igltls
reclrrested in the a1;plicatiorr. C.l{.S. $37-97-301(2), -302, -303(l), and -30,1, l9l3 as anrcndcrl.
.I TJ D(;N,I IiN'I' N N I) I)EC] ITIiE
'l'he Ibregoirrg Iiirrlings oI liact ancl Corrclusiorrs o['l-arv are iucor'poratcrl hercirt by tlris
relclerice, anrl llre Court conolu(lcs lhat thc Applicatiorr slroultl bc grantcrl, sutrjccI to the tetttrs atttl
colrrlitiolrs sc( [br tlr lrcr cirr.
'l'he corrditiorral water riglrts rer;r"resterl lor tlrc I\4ay11y Benrl l{anclt l'ourl Nos. [,2
ancl 3, zrs nrorc Iirlly set lorth in I'aragraph 2, above, is lrcrctry corrlirnrerl in tlre anroutrts sct lbrtlt irr
1;aragt'aph 2 above, conditional, witlr au approl;riation rlate o['.larrtrary 30,2000, for recreutit-ltal,
piscatorial, rvilclli[c, stockrvater arrcl aesthetic lturposes. Porrrl No.3 rvill also be userl as alr
irrigation structurc lor tlre I)ur[)ose of punrpirrg the Ayrplicarrt's Slouglr Ditch and I]atruittg Lateral
nratcr-riglrts.'I'he Itelcree finds that the APplicarrt has forrnetl aurl rleuroustratetl the requisitc iltteltt
1o alrpropriatc anrl tlrat Applicant has takerr a substantial Iirst step torvartl appropriation oIwater itl
the anrounts arrd for tlre pLuposes set Ibrth above in [)aragraph 2, arrcl that Llre apl)rol)riations
rlescribcrl herein carr anrl u,ill be corrrpleterl rvitlr rliligerrce arrrl u,ithin a rcasonable tinre.'l'lre
Ilclcree cloes thcrefbre rulc tlrat tlre contlitiorral u,ater rights slrall be glatrtcd.
Should tlre Applicarrt dcsire to rrrairrtain tlrc corrrlitiorral rvuter riglrts con[irtttetl itr tltc
prececlilrg pzu'agra1;h, arr Application fcrr Finrlirrg oIlleasonatrle l)iligence shall be tllcd itt tltc sattte
ntontlr of-the sixtlr calenrlar year Ibllowing entry of this cleclee, unless a cletcrtrritratiou ltas been
rnarle priol to that rlate tlrat strclt corrrlitional liglrts have lrccn rrracle absolutc by reitsott o['the
corrplctiorr of'llrc ap1;ropriations, or ar.e otlrcrwise dislrusccl o[.
10. 'I'ltc ll.eferee lurtlrer rurles tlrat thc plan lbr alrgnrcrrtatiorr arrrl the cxchaugc as tt'lotc
ltrlly set fbrth in Paragraltlr 3, is a;rproverl. ['nrsulnt to Colo. I(ev. StaL. {i 31-92-305(8), irr
adnrirristering the augrncnlation plan arrrl exclrange al)l)rove(l lrcreirr, tlre Strte Iitrgitreet slrall ctrrtail
Kll,tlY-Rulirrg of l(elcree
I)istr ict (lotrr t
\\ratcr I)ivisiorr No. .5
I(ilby'l{111 111g ol' I(clcr ee
Case No 2000C\,Vl l9
Page 9
all out-o[-ltriority cliversions, the rlcpletions ll'oltl rvlrrclr are nol so l'el)lilced as to l]l'event initrry to
\/ested rvater rig[rts. Fultlrer, the Altltlicant, his succcssols an(l assiglls r.ur(lct'stal]d tlrat tlre
relllacelnent source is a lcase supl)ly all([ if strclr lcasc slroultl ex[)ire, Iail to lre teuctvetl, is
terrninatecl, or-alr altenlate sou,ce of reltlacenrer)t water is rrot inclrrrlcrl in t[ris l)cct.ee [ry lttopet'
anreuclrrreltt ltrior to suclr cxpir"ation, curtailrrrerrI oIall out-o[-prioritl, tliver.siotrs u,illoccttr.
ll. I)ur.srrirnt to Ciolo. I(cv. Stat. $ 37-92-502(5), tlre Applicant shalI instal[, tuaitttaiu,
anrl nronitor.at locations dctcrnrincrl by thc Division llnginecr, aurl at Allplicant's exl)cltse, att)/
nteasurirrg clevice rleeurerl ueccssary by tlre Divisiol Ilngiucer to arluriuister tltis tlcctee.
Apjrlicant slrall nraintaiu recorrls oI r,vater usage and provirle au annlral te;;ot't to tlre Divisiolt
I-ngineer surrrrrarizing rlepletic;rrs arrcl lcplaccntents ltrrlsuaut lo tlris platt ou or belote Novetttber
l5 o['elclr ycur. aficr thc lronrls arc built. 'l'lre tirrring anrl ;rrrrourrt of augttrentatiolt rclcases sltall
be at Llre tliscretiorr o['the Divisiorr [,nginccr.
12. 'l'ltc approval oI tlre augrrrerrtatiorr plarr tlcsctiberl ltctcitr
lccorrsiclcr.zrtiorr by thc Wato'.lutlge olr tlre rlrrcstiorr oI irrltrry to tlrc vestctl
ltcr iocl of twcr (2) ycars afle r. tlre arrgrncrrtatiorr plan bccorrrcs opcraliottal.
I-5. An or.iginal colry o[ thc l]asalt Wirter Ci
proi,iclcrl to tlre Statc arrrl I)ivisiorr IJrrgirreets.
l1 '['he conditiorral watet' riglrts cottllt'tnccl ltereitt
PI(IORI'l'Y I{lGIlTS OIr O-l'llEIi.S, iurd to tlre integratiou rttttl
of suclr priorities atrd changes ol'rights irt accorrlartcc witlt latr,.
It is OI(DIII(ED tlrat a col)y o[ this l)ecree slrall bc
I}rgineer arrcl the State [:rrgincer'.
shall Ire subjct:t
rights oI otlrct.s firr
\/allcy cotrtt'act ltlts
are SUll.lEC'f 1'O Al-L Lnl(LIlrl{
tabulatiort ['l1, 11r" Divisiorr Llrrgirrcet
13. 'l'lrc corrtiltional rvatcr riglrts confinrrccl hctein aLc SUIl.llrc'f l'O ALL En RLIEI{
I'}l{lORl'l-Y I(lCll'fS OIr OfllEI(S, aud [o tlre integration anrl tabulation b1, 11," Division IJttgitteet
of suclr yrr-ior.ilics alrrl changcs of'riglrts in uccnnlarrce rvitlr Iarv.
14. 'l'lre State firrgineer [ras isstrerl lvell peulits Iol Porrd Nos. I autl 2 uncler pct'tnil Itos.
0-55351 zrnrl 055357 in zrccorrlance rvith arrd sutrjcct to Colo. I(ev. Stat. $ 37-90-137, 1973 as
:rrncnrlcd.
16. 'l'lre Applicarrt has [brrnecl a Iloureolvrrcis Associirtiorr fbr tlte putpose of ou,ttiltg Ilte
contracts arrrl to be rcsltonsible to errsur.e tlrat tIre conditions oItlris dccrce ate tttct.
l( Il,ll'r'-t(rrlirrg rrl llcltrce
tlre appropriate
l)isll icl ('otrr I
\Vlrlcr l)ivisiott Nrr. .5
I( illry-l(uliuI rrl l(cli'ree
(':rsc No. 2(X)(X '\V I l9
l'ir ut' l o
.I UDGi\IEN'I' AND DIICITEI'
No protcst rvas fllerl in tlris nlatter, aud accordirrgly the loregoirrg i(trling is coltfittttetl attd
:rpprovctl, urrtl is rrurtlc tlre Jurlgnrerrt and Declee oIlllis L]ourt.'I-lre tleadlirre lor filirtg atl ,tl)l)licilti()ll
lirr'_u Jinrlirrg o[- relrsonable tliligelrce as to the rvatcl. rights collfinlle(l ltcleitt slrall [re)r' u Irrrli-a- .'/'--/'' .'.-=._-_r7/,2007.
^r,I)oNIi tt,is u(7'iiiy "r .7'11=--?t4:-2001.
(
B\' 'l'lllr COUI(.1':
Watcr Jtrrlge, Water
Stirtc oI Colol arloCoPy ol llre foregoipg ,1..1,,u
Counsel ol recor d-y'-Wat,rz
treferee,---D lv. fuy1;r11:1, { i,.1;
Slale Engti'1,,.'1-l/1.1 S73.ll
o"ffitEr-TEliir - &z'-
Calola
I(e[eree,i-ter Division
llll.ll \'-lltrlirrg ol ltcltr rc
/-r
r ILlrl;EItllE:
----r-/a2'
I) IS'I'I(I C'I' CO [J II'I', \,\'A'I'IiI( I)I \/ I S I ON
S'l'z\.fll O It COLOItT\l)O
I09 Iiighth Slreet. Sui(e l0.l
Cilcrrrvt.rocl Sprirrgs, CO 81601
970-945-8 r09
CON CI'I(N I NG'I'I I Ii N I'I'I,I CN'I'I ON Ii(J I( \\'N'I'III(
IUGII'I'S OIi:
GIiOITGIi IT. I(II,I}Y
irr G:u'fi elrl Ct-rrr lr I , Colorndo.
Attorney oillecord:
Slrerry A. (laloia, Ilsrl.
Caloia & IIorrpt, P.C.
I20,1 Crirrrtl Aveuue
Clerrrv<.rotl Sllrirrgs, CO 81601
(970) 9tt5-6067 945-6?92 - lax
I
A COUI('t' USI--?, ONI,Y A
Case No.
[\-(). 5,
l9
rris.rrel. Atty.I19,17
SIiCONI) r\l\lllNDIID A['I'LICA'I'ION IiOR SUI{FACIi \\'A'I'Elt I(lGIl'l'S n Nl)
UNDIiIf GI(OUND \VA'f lil( I(IGII'I'S AND n I'I'IIO\/AI, OF r\ l'l,n N IiOIl.
N UGNI IIN'I'A'I'I ON ANI) IIXCI I N NGIi
Ntrrtres, oith'e,sses ond teleplrcne ttttntbet's of /pplicant:
Cc<;rge l(. l(ilby
505 Santly Lane
Arrrrislorr, hL 36207
c/o Slrerry A. Caloia, Esr1.
NIark E. Ilanriltorr, Iisrl.
Caloia & llorrpt, P.C.
I2(),1 CrnrrrI Averrue
Clerrrvoorl Sprirrgs, CO 8 l60l
(910) 945-6t)67
IiI I(S'I' CI,AIN,[ FOI( ITIiLIIi,Ii:
AI'I'LI CA'I'I O N IiOIT S UITIIACIi \\'A'I'IIIT ITI G I I'I'
Nrrrrre o"f'.stt'rtcttu'e: Slotrglr Ditclr artrl Ilarurirtg Lateral, Ivlayfly Derrt[ I(anclr
Ij r r la rgerr rcrr l.
n. Locatiort'. tlre alryroxirnate locntiorr of tlre poirrt oItliversiorr is at a poittt [i'olu
rvlrelrce tlre SorrtlrwesI corLrer of Section 31,'l'orvttslrip 7 Sotrtlr, llltrtgc 87 !Vest
oItlre 6'l'['.M. bears soutlr 25 rlegrees, Wcst 1900 feet, Garfieltl Cottttty,
Cioloratlo.
K ll.ll Y-Arrrenrlctl Application- |
errrail: scirIoi
/it ,a":I i:\ ii
I)is(r ict Corrr t
\Vater Division N(). 5
z\rrrettrletl A pplica tiorr of Kilby
Case No. 2000C\V I l9
I'age 2
il.
C.
D.
Ii.
,5'ortrce'. tlre l(t-rarirrg Fork Iliver tributary to the Colorarlo l(iver'.
tl1t1tro1n'iutiotr dule'. Jarruirry 30,2000, by llurclrasc oIthc l)rol)clt)/ tlcveloprrrerrt
r:I lllatts to tlevelop llre 1:t'oIct'ty irrclutling l)r'cl)aratiorr oI a srrbtlivisitlrr lllarr arrtl
fot'rrraliorr oItlre irrtent to builtl a pond lor tlre uses set [ortlr belorv
tl t tr ot t rr l'.2.0 c. [.s., contti tiorral.
L/.ses: 'l'o fill tlre Maytly Bend I(anclr I'onrl Nos. I arrr[ 2 [or stocl< waterirrg,
wiltlli [e, acsllretic, piscatorial, r'ecreatiorral uses.
3
SIiCOND CI,AIN,I IiOI( IIIILI tili:
N I'I'LICA'I'I ON ITO I( UN DIIITG I(O UND WN'I'EIr IrI GI I'I'
Nonte of stntclttre: Mayfly Berxl l{alrclr Pontl No. I
(-
B.
I.ocatiort'. tlte llortd rvill be locatetl in tlre Nortlreast % oI tlre Soutlreast % oI
Iiection 35,'I'ownshill 7 Sorrth, Range 88 West oItlre 6'l'I'.M., llre rvesl end oI
the pontl aud tlre dattt is located at a poirrt 100 leet fi'orrr the Ilast scction lirre ancl
)700 leel h'oln tlre Nortlr section Iirre oI sairl Sectiorr 35, in Carfielrl C)otrnt1,,
C-o lorarlo.
{>'ottrce: tlre ponil-will be fillerl rvitlr grorrnrlrvater tritrutary to tlrc Roarirrg I;orl<
Iliver aurl the Slouglr Ditch antl Bartrrirrg Lateral, It4ayfly Ilcrrrl I{arrclr
Iilrlargettrent, wlticlt is tlescribed above irr Aplllicarrts' Iiirst Clairrr atlove rvil[ florv
tlrrough tlre porrd.
,lpproltriutiort lote: Jattuary 30, 2000, by purclrase oI property, tleveloprrrerrt oI
plarts to develop tlte property, errgirreerirrg antl plarrrrirrg for a srrbtlivisiorr rvitlr a
llorrd arrrl fonrratiorr <.rIirrterrt to rrse rvater ft-rr lteneficial uses.
tTrrrottrrl cluirned'.4.0 acre-{'cet, ct-rntlitiorral rvitlr llre liglrt to Irll arrrl refill irr
pr iority.
Uses: recreatiorr, lliscatorial, rvi lrl Ii fe, arrr[ sLocl< rvaterirrg.
I(etttarl<s: A rvell perrrrit Iras beerr aplllied [or tlris sIructure. 1'he porrtl is located
ullon lands orvlrerl by Aplllicalrt.
D
E.
F.
Kll.llY-Arrrcrrrlcrl Application- I
rf
I)istr ict Ccrurt
lValer Divisiorr No. J
Arrrerttletl Allplicatirrrr oI Kilby
Clase No. 2(XX,CW I l9
l'age 3
R.
C.
I).
E.
B.
5.
,I'II IITI) CLAIi\,I FOI{ ITEI.IEIT:
n I'l'LICn'l'lON FOI( UIiDIIIfGItOUNI) \V,,\'l'EI{ If lGIl'l'
Notttc of suucture'. lvlayfly Detttl Ponrl No. 2
Locotiort'. the pond will be Iocated irr the Nortlrrvest Vn ol ||rc Sotttltrvest % oI
.Section 36,'l'r-rwrrslrip 7 Soutlr, Range 88 West oItlre 6'l'l'.N,I., tlre rrritltlle oItlre
porrd located at a 1loinL 250 fect lr'onr tlre West sectiort liue antl 2900 fcet ll'ottt llte
I'lorth section lirre oIsaid Sectiott 36, irt Gar'fieltl Coutt(y, Coloratlo.
Source: the porrd will be fillecl witlr gl'oundwater tributary to (he Roarirrg Forl<
I(iver and tlie Slough Dil.ch and Banning Lateral, tt4ayfly Betttl Rarrclr
linlargenrent, which is describetl above in Ap1:licartts'FirsL Clainr altove rvill fiorv
tlrrough the 1lond.
/1tpt'oltriatiott clate: Jarruary 30, 2000, by llurclrase oI l)rol)et'iy, tJevelolllttettI oI
yrlans to tleveloll tlte prollerty, elrgineerirrg arrd plarrrring [or a sutltlivisiorr u'itlt a
porrd antl fornration oI irrtent to use rvater lor berre[lcial ttses.
/trrttttttl cloirtted'. r1.0 acre-feet, cr.lrrtlitiortitl, rvitlt riglrt to Illl arrtl rcfilI pr ior i(1,
Use,s : recreatiorr, p iscatori al, rvi ld I i [e, aestlretic stocl<
s(r ttcture.porrrl locaterlIr. l(etrrarks: A rvelI pertttit ltns l.reert
rrllon lands orvttetl by Applicant.
FOUI(I'II CLNIN,I IiOIT ITEI,I Ii[T:
API'LICA'[ION FOI( SUT(FACE OR UNDEI(CI(OUND \\/A'I'EIT ITIGII'[
Nante of .slt'rtcture'. Maytly Bettd Rattch l'}ontl No. J
J..ocatiort: Llre porrd will be locaterl itr tlre Nortltrvest t/t of llrc Sotrllttvest % ttI
Scction 36,'lownslrip 7 Sou(lr, I(arrge 88 West of tlre 6'r'I'.M., tlre trritltllc ol'tlre
Irorrd located at a lloint 750 feet fi'or:r tlre West sectiolt lirte antl 2700 leeL fiotrt llte
Nortlr sectiorr lirre of said Sectiott 36, itt Carfieltl Cottttty, Colorado.
Sottrce'. tlre llorrl will be fillcrl witlr rvater rliveltetl tlu'otrglr tlre Slotrglr Ditclr antl
Ilarrrrirrg l-ateral, original decree case no. 3017 Carljeld Cottttty, Colotatlo
(Applicarrt owlts al)l)roxinrately 2.89 c.f.s. oI tlris water riglrt) arrtl rvill ttse tlte
original water right ternporarily stored therein [or irrigatiott) antl the Slotrglr Dilclr
arrd IJanrrirrg Lateral, Mayfly Ilerrtl Itarrclr I3rrlargeruettt, wlriclt is tlescribetl at;ove
ilr A1:lllicarrts'l?irst Clairn above. It is rrot believerl tlrat llre porrtl will itrtetcept
Kll.ll Y-Arrrerrrlcrl Applicrtion- I
tl .
l.
2.
3.
4.
_5.
Ci
I )istr ict Cotrr t
\Valcr I)irisirrn I'lo. -5
Arrrcnrlctl Alrlrlicatiort trl- K ilby
('asc Nrt. 20()0C\:'/ | t9
l'age ,l
1;r'<luurlw:rter at tlris tirrre ltorvevcr iIgtoutttlrr,ater is irrtcrceptetl it rvill [re trilrtrtary
to llre Roarirrg I;orl< Iliver.
C.,lltltroltritrtiotr tlute: Jarrrrary 30, 2000, tly ptrtcltase oI prclllelly, tleveloptttettI o['
plarrs to tleveloll tlre prollertl,, elrgirrecr-irrg artrl platrrrirrg ltlr a strbtlivisiott rvitlt a
llorrtl nrrrl lortttatiotr oI irrtertt to ttse tvater ltlr [;crtellcial ttses.
Arttorttrt r:loirttel'.4.0 acre-fccl, contlitiorrirl, rvitlr riglrt to I'ill arrt[ rcl]ll irr Priotitl'
(-/.re.r: recrcatiou, aestlretic arrt'l sf,:.1< rvatctittg. 'l'lris Porrtl rvill also ltc ttsctl as rt
ir ri gatiorr structure.
F. I(errrarl<s: 'l'tris lrr.lrrtl lras beetr constructc(l arrtl tlocs tt<-tt ll()w itttctcept
grorrrrrlrvater. A rvcll pcrrrril rvill be aplrlierl [ur tlris sttttctttt'c orrly iI tlrc porrtl
irrtercellts grourrdrvater.'l'lre porrtl is locatetl ttport latttls orvttctl ll1, Applicrrrrt.
IilFI'lI CLlrln{ IfOIt l(EI,ll!li:
API'I,ICA'I'ION IiOI( EXCIIANGIi ANI) AUGNII'N'I'A'I'ION I'I,N N
6.Stltrcttrrr:s to be atrgrncrrtctl: Mayfly Ltcrrtl l(arrclt l'otttl Nos. 1,2 arrtl 3 as sct fitrttlt atrovc.
Water riglrts to [le-ttsetl lor attgtttettLatiotr arrtl/or excltattge:
tlns:rlt \Vnter Coltsel'r'nttc1' I)isI lict
Arr grncrt tntiorr ILiglr ls
llr[r.lrnration fi<.lttt 1lt'evicrtts decree lclr Ct'cett Nlr.rtrtltaitt Iteservoit:
t)
Ii.
B
.Sottrce: Illtre [(iver, ll'ibtrtat'y oIColoratlo l(iver'
Legat rlescrilltir.rrr: locatetl approxirrrately l6 nliles Sotttlteast oI tlre 'l'otvtt
of Krentrrrlilrg irr Srrrnrrrit Corrrrty, Colorarlo, attrl Ittot'e partictrlarly irr all
gr lrarts oIsectiorrs ll,12,13, l,l, 1.5, alttl 2,1 ol 'l'orvttsltill 2 Sotrtlr, l(arrge
80 West, alttl irr Sectiorrs 17, 18, 19,20,21,28,29, atttl 3'1,'['orvttsltip 2
Sotrtlr, Itange 79 West,;Itlre 6(lr I'.Nl.
Arljtrdicatiorr Date: October 12, 1955
Appropt'iirtiotr I)ate: Atrgtrst l, l9l5
Case No.: 2782,50 [6, antl 50 [ 7
Court: Unitetl States I)istrict Cotttt, District oIColoratlo
K ll.ll Y -Arrrcrrrletl Applicaliorr- |
!
I )islric( Corrr t
lValcr I)ivisioir No. 5
Arrrerrrlerl Application of Kilby
Case No. 2000CW I l9
I'age 5
8.
()
10.
il.
t2.
I3.
14.
15.
Dect'eerl Anrotrrrt: l5rl,(t45 act'e fcet
Decrced Uscs: irr nccortlallce \villl l)ar'flgral)lr
section errtitletl "Mar)ner oI Operatiorr of I'roject
Facilities" in Serrate Docun:elrt 80,
6.
7.(c) oI tlre
Arrxiliar 1,
C.Irrlottuatiotr ft't-urr previous decree for Ruedi lleservoir:
Source: Fryirrg Pan River, tril-rutary oIColoratlo River
Legal tlescri;ltion: an on-clrannel reservoir lclcaletl in Sections
and l4 tlrroughlB, fownshill 8 Soulh, Rarrge 84 West oIthe 6th
reservoir is located in portions oIEagle and l'itl<in Courtties.
Adjutlical.iou Date: Jurre 20, 1958
I
A1:lrrolrriation I)ate: Jtly 29, 1957
Case No.: C.n. 46 li
Court: Car fielrl Cour;ty Distr icL Cotrrt
Decreed Anrourrt: 102,369 acre lee[ (Origirrally dect'eerl [or 140,697.3
acre feet; reduced Lo 102,369 acre feel. in Case No. W-789-76)
Decreed Uses: gerreration r:f electric energy, tlonrestic,
itrrlustr ial, irrigation arrd stock waterirrg
Ily rlecrec oItlre Water Court irr Case No. 8lCW34, Ruetli Reset't'oir tvn.s
tlecreetl a rcfill riglrt irr tlre anrount o[ 101,280 acre leet, cotrrlil.iorral. Irr
Water Court Case Nr:. 95CW95,44,509 acre feeI rvits Ittarle atrsoltrte.
K I l-ll Y-Arrrcrrtlerl Application- |
llr
'fi
[)islricl Corrr (
\\/aler I)ivi.sirrrt No. 5
Arrrcrrtletl A1:plication ol- Kilby
(..ase I'i<-r. 2O(X)C}V I l9
I'age 6
I
D. Irrhlrrrratiorr fiorrr l)revious rl,:r;r'ees [or 1'roy Dilclr arrd Etlith Ditclr r iglrts:
AItOttN I,-nl'l.lAlNll'lc ""'
I'l/A
,r l2 ss
N/A
[.]/r\
lJi A
(l)
(2)
(.] )
(4)
(5)
(6)
(7)
(8)
(e)
( lo)
Originally rlircrtcrl frorrr Millcr (lcck. All ollrcrs origirtally tlivcrlcrl fittttr l:tyirrg I'lrrr llivcr.
Allcrrrrlc prrirrt l-rrr all prirrritics of lroy arrrl Illilh l)ilt hcs.
(lrrrrrlrirrerl nrrrrrrrrl lirrrilcd to I 5..5 cG arrrl 45J At: ofcrtttsttttrplive ttsc, J()() AI; oI rvlriclr cntt hc slrrrctl.
I - lrrigalion, I) - l)orncstic, lvl = MrrrriciPnl, C - lrrrlrrstrial arrrl l'-- l'iscalorinl.
.l ranslcilcrl lo L-(litlr I)ilch wcll irr (irsc No. gocwl ryitlr 1.0 AF.
'l rarrslcrrerl to llrrec sprirrgs orr Cap K [inrrclt irt Case No. 82CW 189 (1.29 Af asstttttctl lrr ltc irrclrrtlcrl).
l)eedcrl to Ocorgc Yarcs ivith 15.4 AF irr t981. 0.2 cls arrrl 10.60 cl's rvas irrclutlcrl irr'Case No. R2('w.157 [rrr lhrctli Srrrtllliltrrtcs
ntrgtrrrcrrlaliort plan.
Deerlerl to.l.an Wheeler in 1987 lor rlivcrsiorr at lhe lroy Dilch Ist arrtl 2rrrl lirrlnrgeruertt (16.9 AI: asstttttetl lo hc irrcltrrlcrl).
Ilcserverl hrr arrgrrrtrtaliort <lf (lnp K Purrrls rvitlr 5.52 AF. Case No.9l(i\V220.
A lolal rrf 4(l. llAFof thcorigirrrl 45J.00AFlrasbec:t::oltl orltattslettctl.
Irr Case No. W-2281, Divisiorr 5, tlre Court tlecreerl tlrat 453 acre fcct o['arlrltlal
cr)nsulul)tive-use cre(lits rvcre available to llrr:se (litcllcs, an(l tltat 300 acre lcet cotrltl bc.sloterl itt
hrr rrnriarrrerl rcscrvoir'. 'l'lre Basirlt Watcr Corrset'varrcy District o\vns 412.89 acrc lcct oItlrc'153
acre [eet, an(l ntal(es tlre rvater Liglrts avlila[;le to cortttacI allottees lor ttse l)rllstlllllt to atl
al)l)rove(l substitute sul)l)ly l)[an or dect ec of Cotrl't.
'l lre'l'roy antl Erlitlr augnlentation water cfln bc rlelivcrecl to tlre I;ryirtg l)ittt, Iloatittg I;otl<
or Colorarlo Ilivers by by-ltassirrg rvater at t.,e lrcatlgate on tlre l;r'ying l'att l(iver'.
'l'lre Alrplicarrt lras obtairred a contract ltorrr tlre IIWCD Ibr l.3l act'c lcet of \vatcl'l)cr year
lrltrs arr atltlitional nnl()rrnt ,Jf 5V, for trarrsit Iosscs.
s r nl r(:l ( [Ut I'R tORt I Y (()r,Rr
(' sl;
ilo.
Al),
IJAIE
Ail'
l)A I ll
I rr( nl:nl)
n N()tI.l I
(crs)
t,sri
(4)
AI\lOlllJf S()1.1,, fltANSl:nllRlil) ()R
nrsEllvnl )
(-5)(6)(7)(R)(') )(.IIS
I roy l)itrlr
lt
l7(l .108 2 08t25t t9t6 0_5/01/1906 5. t0 I 0.000 (1 0(J0 0 095 0.064 0.().15 4.9(16
l rrry l)ilclr
I st F.rrlg
,121 1082 o8t25n916 ()5/01/1928 t0.80 I 0.0(x)0.00(l 0.?00 0.1.14 0.071 l0 .l9.l
'lrrry I )ilch
2rrrl Iinlg
66r)4(rl3 06t2011958 o6tolll942 (r.20 I 0.0(x)0.000 0.rl5 0 077 0 r)42 5.966
I:rlitlr l)ilclr _15-l 108 2 08125il9)6 05Ill/1904 ,2.72 I 0.110 0.1..}20 0.0.{0 0.r)00 ().0 I R 2 410
lirlith l)ilclr
I st l:rrlg
67.1 4(rll 0(tl2Oll958 01
^\
fi94(1.2l I 0.000 () 00()() 060 0.0(x)(,.0 2 2 I.l4R
-l roy l)ilclr
-\\ralcr
S1'stcrrr akn
|-os er
I lcrrlgrtc
(2)
228r
1.5.50r'l I, r),
Nt
C,P
0.il0 0 1120 0.5 20 0.27.5 0. l9()t4 27.1
I(ll.ll Y-Arrrcrrrlerl ApJrlicalion- I
n
l)isllict Coru I
\\'lter I)itisiorr No. 5
Anrcntlcrl Applicirtirlrr of Kilby
('ase No. 2(XX)(;\\' I l9
I'agc 7
E.Iitatentettt oIplarr lor arrgrrrerrtati<.ru: 'l'lre Mayfly []cntl I{arrclr I'orrrl Nos. l, 2 arrtl
3 rvill fill [iorrr eitltet'gt'otrtttltvaIer irrterceptiorr or srrr'liice flow tliversiorr irrtr-l tlrc 1:orrtl.s. I].rcrc,ise oI
tlre strtr.iect potttls rvill result irt tleplctiurrs to tlre Iloaring liork I(iver oI l.3l acre lect irrrrrrralll,. At
tinrcs rvltelt tlte-st: tlepletiotts lttay [:e otrt of priority, tlre existing lllarr oIaugnlcnliltiorr arrrl cxclurrrqe
corttetttlllatcs l'cplacerrrertI oltlrr.rse rlelrletiolri, rvillr releases oIrvater'fiorrr tlre sout'ces fls sct [i)rtll
ir[)ove, rcsulting irr llre t'eplacetrterrLoIrlepleti.\ns as se[ [ortlr irr llre ltrllorvirrg lable:
WN'I'IJI( DEP LE'I'IONS
0.50 acre total srrr'lace flrea
Ei'ol:ora(ioit
(lct'b-feet)
7'oldl
(lu e-Jbet)
Jattuary 0.005 ().(x)5
I;ebrrrary 0.0023 0.(x)2-1
lvlarclr u.0041)0.0049
April 0.1tB 0.il8
May 0.171 \).177
.lrrrrc 0.23,1 0.23,1
July 0.239 0 239
Arrgrrst 0.2tJ9 0.209
Scpterrrber 0.139 0.ll9
October 0.08I 0 08I
Novernber 0.028 0.028
Decernber 0.008 0 008
Arrrrual 1.310 I.lt0
No irrjtrry rvill occur to tlre vesterl rvat:r'riglrts oIotlrers as a rcsrrlt oItlre opcratiort oItlris
ltlarr. 'l'lre rlate oItlte exclrarrge clirirnetl is Jarrtrary 30, 2000.
F. I.larue arrtl atltlress oIo"vrrer of ;arrtl on rvlriclr Creerr lvlorrrrtailr lescrvoir arrtl I(ctrtli
rcservoir strrrcttrres ate locaterl: [Jrrilcd Statcs IJtrrearr oil(ecllrrr:rtiorr
\,V I I IlRtil;ORE, ApplicanI r'etlrresls:
Kll.llY.Arrrerrrlcrl APnlicrliorr- I
.(-'
| .:
(a)
(1,)
ss.
{ :\
l)islricl Corrr I
\Valer Division No. 5
Atrrerttletl Applicalirrlr o1- Kiltry
Casc No. 2000CW I l9
I'a-ce 8
IttisI'}ECTFULLY SUBMII"IED this 2 lst tlay oI Decernber, 2000.
CNLOIA & IIO{JP'|, P.C.
,\ttorrreys h.rr A;l1llicarrt
ov-s/@fu
.6lrer ry A. f/dloia, No. I 1947
lvlarl< ll. Ilanriltorr, No.24585
i204 Grarrrl Averrue
Clenrvoorl Sprirrgs, CO 8160t
(970) 94s-6067
VtrIi I III CA'I'I ON
S'I'^.'I'E OI; COLOI(N DO
C:OUN'I'Y Ot? CN RFIELI)
I, Sherry A. Caloia, Atl.orney [or Applicarrt, state trrrrler ontlr tlrat I Irave reatl tlris
Application arrd veri[y its corrtenl.s.
Strltscribed attd swortt to l-refi;re trre tlris 2lst tlay oIDecenrl-rer',2000, by Slrcrr'1, [.
Claloia.
WI'l'NESS rrry hartd antl official seal
lvl y corrrrrrissiolr exltires:
[,{y Cemmisslon Expires
10.24_2004
(-jorrl'irrtratiorr r,rI corrrlitiorral surface rvater riglrts lor tlre Slou-elr [)itcli arrrl
llaltrrirrg Lateral, Mayfly Belrtl I(arrclr errlargenrerrt as tlescritretl at)ove irr
Applicarrt's I?irsl. Clairrt, arrrl tlre Mayfly Ilerrrl Rarrclt I)orrtl Nos. 1,2 arrrl 3, as
tlesct ibctl atrove irr Applicarrt's Secorrtl, 'l'lrirtl arrrl Forrrtlr Clairns alrove arrrl
irpltroval r:Itlte Atrgrrtetttatiolr arrrl Exclr:rrrgc as sct lortlr irr tlre [;illlr Cllirrr atrdve;
Such olher antl lurtlrer relieIas llte Corrrtrleerus approllriate.
K I Lll Y-Arucrrtlcrl Alrplicntion- I
lLurrr,r,v
Notary I)rrlrlic U
\.
\l\
\n
I
Il--lIL
,l
Nr
\r
\\
\);,'i
.rl
'3
Cl
. '-. "- ' )::.\,
\Q,
IIJ
t.'B
I
tri1
,r" R,' t^rJ+-lugl
fii::
' i ,!lt ,l
l-'*u',' -}i .rt
ii(l- l,'- ')'. 18610 \
-{-..,---.1.
i --\,t,,r/i I ' ,
'1 =1,,' ,j71r
i i':'-,qt.,l r.l
orb li: i I:''.":.-.ld-.J/
x 1,
..:
c)
._--'-.., li (
,li', )\t.I*irt*_r\
I
,\
- -- - -t-.-. -
I
t/.
Ic','p-
(Il
(it
!il(o
)<
RASALT WATE,IT CONSERVANCY DIS'IRICT
WATE,R ALLOTME,NT CONTRACT NO' 368
Pursuant to C'II'S' 1973' 37 -45-l3l
George R. Kilby ancl Farley S. Kilby(hereinafter "Applicant") !oL" applied to the Basalt
water conservancy District ('erei,after thl'"District"), a ptliti"al subrlivjsion of the State of
Coloraclo, organizecl pursuant to and "*i'tinf Uy 'irtue
of Colorado Itevisecl Statutes' 1973 ' 37 -45-
l0l, et seq., for a, allotme't Coutract for b'l'eficial use of water rights owned' leased' or hereafter
acquirecl by the nirtri"t- Ily execution ni,rri, Contract, Applica,t u!'""' to the following tertns and
co.critions ancl those certain terms a,cr co'clitions set forth i, the attachecl order, which is fully
incorporated as a part of this Contract:
n p p r i
"
arn t, r, d rHffi ft ffi,, t
ffi ",i il ;f * : : : :*'51 : l"* : i::: ""iJ,ffil ff ilT:i:l
1.OUAN'|ITY: In consideratiion of the covenauts aucl cottditions herein coutained'
ffiXll",:tfiiliil;ir""t flow rigrrrs a.<l 3.6 acre feet per vear of srorage or orher augmentation water
- ^r..^l ,11.,^*.inrrc ,,rrl rtqe rrrldef tlfiS*[H:::T[:i,:ffi?ii:$i:;i:."]t;;'i";.t srrir restrict actuairiiversio's a.cr use u,der trris
Contract to these atnottttts'
,t.,uttuJno,,,.tlreBasaliConclttit,[,arrclisCattal,Stocktrran's
Dirch llxtension, Troy anrl Edith Ditclrt ngt"'*ll-ottl"lil l,l1':: 1-""""t::"",:,]::Hi:lf[j;T.*:l
illi,tJt?;:8,[:L]l,ii,:l[?ili"rril"r, conrractuar right to receive srorage water rror,Ituedi
Reservoir an<l Green Mou'tain R.r.ruuir.- ir,. Dir,ri.t shaI rrave the right to desig.ate tlte water
right or Decree of trre District from whicrr the Applica,t's.auottecr rigrrts shall be obtai,ecl' The
Apprica.t,s use of uny or t'e Distric,,.-*ui". riirts s'a, be subject to any and all te'.s a,d
concritions irnposecl by trre water court on the i,s" of the District's said rights' Iixchange or
augmentation releases ,u,I" from the Diroi"it storage rights in Ruerli or Gree. Mountain Reseruoirs
or otrrer works a,cr facilities of the oistricrstratt ue aetivere<r to the Appricant at the outlet works of
saicr storage facility a.cr release of water at such outret works sha[ coristitute full perfort,atrce of tlie
District,s clerivery obrigation. Delivery of water from trre District's storage rights i. Ruedi or Green
Mountain Reseruoir shalr be subject to tlie District,s rease co.tract witrr the Uniterl states Bureau of
Reclamation ancl a,y rures ancl reguraiio* pro,rrulgatecl pursua.t trrereto. Ireleases fro,r other
facilities available to the District shall be srt.le"t to the co,tracts, laws, rules, and regulatious
governing releases therefrclm. Furthermor", tl-," Dirt'ict liereby. expressly resel'ves the right to store
water and to make exchange rereases frorn structures that rr-,uy b" bu,t or controllecl by the District
in the future, so Iong as trre water service to the Applica't pursuant to this agreement is .ot impaired
by said action.
Applicant wilI use the water,ri*t'|t "tl:l:"^1
fliJillfi,':,,'],;',::iliffiT:t1","il;1,'#);;;;il;i;;;,,,"ntution or exchange water owned or
.. - -, L-. rl.^ r)iorrint r-riillrirr or througlt:::ilifft.,ffi1lf,[,:tTr1,H:lHiiHi,," *i*"i*ii"J r,v trre Disrrict witrri. or through
.rr^^.-i ,',1'i^h lo.dq are described on;ffi::::';::ff[:":;,'Ji'"#['i, o. served uv rrpffint. wrrich ra,crs are described o.
^F A-nlicntrl's tlse of said rrlaterf;iffi:;: ffi:1,[T:.3,Xlil;""'l;ffi;ilil;;J;il,'eorApprica"r'suseorsaidrrrater-,1,^ --^.,-.-,-o'tql arrllroritv having
ilii:["'fl*,,T':1iil:::'J:X"i"rl,l',1',,"J by rhe uppri"urir"- gou".n',.,",,tar autrroritv rravi.g
c^-r jGtr-sk trw(Dxiftsrlor contrd
'6t
jr.rrisdiction
hereuuder is
over tlte property served. Applicant's
for the following use or uses:
couLemplatecl ttsage for the water allotted
X Domestic/Municipal
-
Inclustrial
-
Comtnercial
-
Agriculttrral
Other
It is ack,owledgecl that certain Iocations witliin the District trlay not be susceptible to service
solely by t6e District,s water rights allottecl hereuncler or the District's said water rights t-uay not
satisfy Applica,t,s neecls ancl purposes. To the extent tlrat service catrtrot be acliieved by use of the
District,s allotted water rights, or in the event saicl service is inacleqr'rate, Applicaut may utilize sr'rclr
other water rights, by way-of supplementing tlie District's water rights, or otherwise' as is necessary
to assure water ,"rui.. sufficiently reliable for Applicant's iutended ptrrpose or purposes'
All lancls, facilities ancl areas served by water rights allotted hereuuder shall be situatecl
within the boundaries of the District'
AnyqtrantityoftlreApplicant'sallocationnotdeIiveredl"o
of each water year, shall revert to the water supplies of the Distlict'
Applicant to any refund o[ payrnent made for such water'
Water service pr<lvided by the District shall be limited to tlte atrtottttt of water available in
priority at the originai point of div".sion of the District's applicable water right and rteil"her the
District, nor those entitlecl to utilize the District's decrees, rnay call on ally greater atnoutlt at tlew or
alternate points of diversion. The District shall request the colorado state Engineer to estitnate atly
conveyance losses between the original poiltt o,r,l ,,-,y alternate point and sttch estimate shall be
cleductecl frorn this a,rou,t in each case. 'rhe District, or auyorle using the Dislrict's clecrees, may
ca, o, a'y additional sources of suppry trrat uray be availabre at an alternate poi.t o[diversio,, but
not at the original point of cliversion, only as agaitrst water rights which are junior to tlle clate of
application for the altertrate point oIdiversion'
I, the eve.t t5e Applicant intends to institute any legal proceeclings for the approval of an
augrne.tation pla, aud/or any cha'ge to an alternate poi,t oi,Jiv"rsiotr of the District's water right
to allow the Applicalt to utilize the water allottecl hereunder, the Applicant sltall give the District
written notice of suc5 i.tent. 1-r the event the Applicant develops and acljutlicates an alternate point
of diversion a,cl/or all augll"rentation plan to utilize the water allottecl hereutrcler, Applicant shall not
be obligated to bear or clefray a.y legal or engineering expense of the District iucurred by the District
for the purpose of clevelopiug att<l acljudicating a plarl of augurentation for the District' Iu any event'
the District shalr have the right to approve tlie Applica.t's applicatio'for.cha,ge of waterright,
ancr/or augmentation pla. or otrrer water suppry plun inuolring itr" District's rights, a.d l"he Applica't
shall provide t5e District copies of s.uch uppti"uiion ancl otal-l pleaclings ancl other papers filed with
the Water Court in the adjr-rdication tltereof'
T6e District reserves t5e exclusive right to review and approve atry cotrditiorls rvhich uray
be attachecl to judicial approval of Apprica.tL use of tlie Districi's water rights allotted hereunder'
Applicant agrees to clelray any out-of-pocket expetlses incttrrecl by the District in connection with
the allotrnent o.[ water rights hereunder, including, but not lilnite;l to, t'eitntrursetneut of legal and
or used by APPlicant bY the end
Such reversion shall llot entitle
Cr-p dd{$k trwcDf,l[y'^[,n Con!rd l6r
5.
engineering costs incurred in co.,ection with any water rigrrts acliudicatioll necessary to allow
Applicant,s use of such allotted water riglits; proviiecl, lro*ev"r, i, the eveut any sucll adjuclication
invorves more of the Dirrri",,, water rights trra, are alrotted pursua,t to this co'tract, Applica,t shall
bear o'ry a pro_rara portio, of such "*p";;;r- Applica.t srra, be solely responsibre for providi,g
trre structures, works and faciliti"r, ir unv, ,"*r*.y to utilize trre District's water rights allotted
hereuttcler for Applicatrt's beueficial use'
4. PAYMEN'| : Applicant shall pay annually-for tlie water service describecl liereiuat
a price to be fixed ,".*uy by itr" Boarcl of Dii""to.s of the District for such service. Pay,re.t of
tlieannualfeeslratlbenracle,irrltrll,withinfifteerr(15)claysaltertlreclateofanoticefrotutlle
District trrat trre payme,t is tlue. Said notice wilr acrvise the Applica.t, amo'g other things' of the
water rlerivery year to w'icrr the paymer.,r srru, appry and trie price whicrr is applicable to that year'
If a pal,ment is not rnacle by the i,e aut", u fut" i"" of SSO (oisuch other aurount as the Board rnay
set fi.om time to time) wiil be assessecl anrl finar written,otice of the clelinque.t accou.t a,d late fee
assessment wilt be sent by the District to the Applicant at Applicant's adiress set forth below' If
payment is not made witlii, thirty (30) ;;;"fter sairr finar wi'itten notice, t'e District rnay, at its
option, elect to terrninate all of tlre Appticartt,s riglrt, title, or interest rttr<ler this Corrtract, in wlriclr
eve.t the water right allottecl hereunrle, t""y rr"t"nsft""tl, leaserl or otherwise disposed of by tlte
District at the cliscretion of its Board of Directors'
Irrtlreevetrtwaterdeliverieslrereunrleraretnadebyorpursuatrt.toagreetrretltwitltsotne
other person, corporation, quasi-mu,icipal entity, ot.go'Jttt''ental e,tity' ancl in the event the
- Applicant faits to urake payments ,, ,"qui'"d l'ereuntler' the District ]"^1lll,
its sole option and
request, authorize said perso, or entity to curtail the Applicattt's water service pursuant to this
cortract, a.d i. ,,",.i, "r"nt neitrrer trie pistrict nor suc'1*rrun. or eutity srrarl be riable for such
curtailttretrt.
APPI(oPRIATIoN oF rUNDS: 'l'ne Applicant agrees'n"tt:]"]l*-::j:l:::li:1"i
i,.,otia1.,,ai,,fupp,npiiut"fronrsuclrSourceSofrevetruesasmay.--r-^ +l-- -,",."o1 nqwr-nellls in adVatfCg;'"",:'#'il:.ll'iliiJ,j'xlJ'fiil"rffi"it'J;Fiiij::ro*l:,:::l'*ril:T'iltil11,ff;|;fffili:;ffi1,::Jil ?JfiilH,i,"", rhe Appricant wiil hord rrar,rless the District aud anv
^ rl-i^ rra^rrt.qcl frrr discotrtiuuatrce i11
;:,::r:*ffi ixi:"ffi lr;i]ffi :,;";t;:l*ii::::::::,,1i.::":tTJ;:i:Tsff "J*J:1,1t"":il
::Ili:::,:t'il:"i;il'?Ji;;il::"fiJ -#;; ii;;;;;ts herein required on a currerlt basis
6. BE,NE,FIT oF CON.|RACT: Tlre water riglrt allotted lrereurrtier shall be berre{icially
used for the purposes and in the marlner -Gin"i'erei, ulr,l trri, contract t:l:1.,]r" exclusive be'efit
of tlre Applicant and shall not itrure to tlre berrefit of arry Successor, assign, or lessee of saicl
Applicant without the prior writtetl opp-uut of the Doard of Directors oI the District'
Upon the sale of the real property to which.this contract pertains' Applicant has a duty to
nrake trre buyer aware of t'is contract a'<r tlre need to assign trre contract to the buyer' Ilowever'
prior writte, approval of the Board nrpir""tors of the Dist'ict is requirecl before the assig,,retrt ts
eff.ective. payment of a, assig.me.t fee i. an amount crete,ri,ed ui ttr" Board s'all be required as
a prerequisite to approval of the assigntnent'
c \-r.dd!-s^k nu'cDxisr\ lld c"trd r6t
1.
8.
In tlie event the water right allotted hereuncler is to be usecl for the benefit of land whichis
r10w or will hereafter be subdivided or otherwise hercr or ow,ecr in separate ownership i.terest, the
Applicant nruy orrig,, the Applicatlt's rights hereuntler only to a homeowuers association' water
clistrict, water ancl si,itatio. clistrict o, otr", special clistrict properly organizecl arld existing under
a,cl by virtue of the raws of trie State of coi;;rd" ancl trren oniy iisu"h association or special district
establishes to the satisfactio, of tlie Basalt water co'''s",,un"y District thatit has the ability a.d
a*thority to assure its performance of the Applicant's obligations uncler this co,tract. Iu .o event
shall the owner of a portion, but less tfrun uf i, of tlie Appiicant's property to be servecl u.cler this
cor1tract have any rights hereunder, except as such rights may exist through a horneorv.ers
associatiou or special <listrict as above provided'
Any assignment <lf the Applicant's rights under this contracl shall be subject to and must
cornply with such ."luir.,r-,"rts as tlie pislict las a<lopl'ed or may 5ereaftet adopt regardi6g
assignment of Contr*t ,igt t, anrl the assumption of Contract obligations by assignees and
successors, provided that sucS requirements shai u,i[orrnly apply to all allottees receiving District
service. The restrictions on assignment as herein contained shall not preclude the District from
holcling the Applicant, or any sllccessor to the Applicant, responsible for the perforrnance of all or
arrypartoftheApplicarrt,scovenantsanclagreementslrereinoontairrecl.
oTIlE,R RULES: Applicant's rights unc]er this Corrtract slrall be subj
,,:,1-,1 I
rject to the Water
service'r,r"" rrffiffiff**riri.i"ilra am-ended lrorn tirne to ti.re; proviclecl that such water
^^:":..d lt.a catne::il::;iil:ffi:1ffi";ffi;i;ii,,**i,".,, the Disrrict.u.*ong *,,::_.1?.:,j,,^";:'li:r,:ll:".",1:
f,T,'"T;fi1T,:';ffiiJ"'l;niil^,iri,;u arso be bou.d bv ult applicable law, inclucling, ror
. D,,l^- --,1 Ileorr-:::HiJ:;i:r:#;: "r,nli,I"i",'"o],,",,uncy
Actorthe Siate orColorado, the Rules ancl l{egu-
,.,. ^,l.,iaa^r rvrler c.ortservatiotr. aucl
iJffl?:'ili:"1'"'j:J of Directors of the ijir,ri",, the plurnbirrg a<lvisorv, wat3r cotrservatiotr' attcl
f"';fi :il:ffiffi'l"g,tutions, ir anv, ';;iili" i:il': :T-L::lll-l:,:l::i1?;,.:T:.:l:ll"-'#.-":Hli:'ffi:'r:::;,dil;iii ;u';",,rrments or ancl suppleme.ts ro anv or the roregoi.g
CURTAILMENT OF USE': The water service proviclecl n"^l:T]1"1,.t:,,:H[:,:'J
strbjeotlo.n"lffiipj;;"iinCaseNo.81CW253onfileirrtlreDistrictc,rl-.,1-tinrr -r^.rideq in nart. for tlfeUtif:j"+::#lli:::i?#ffi;i" orboro,arro, wrricrr Stipuration provides, in part, ror trre
,- +l.o ^^^rrrranaeilIltil**:iffiorout-or-h9,,3 -'1n'."ipar 1g *::,1.:,*:-i:'111*Jl"iJT:,ff::lTJ;;il::1ffi:lt:l',:Til upon trre Disrrict giri"* notice orsuch curtailtnent, all as more rullv set rorth
in said Stipulation
s E AGREEYENT], lltl:3:,":il^li:ll:"ij:i:
un ,,op3*tion ffit.r tf ^"1*tr"ri
itr" Iloard of Directors
fincls anclcletermines that suchan agreernent is reqtrired by reason "t-"i,1'lt::,11::::::,t:l:?'#::::ffi1[:t?:,:I;iil:::,iffi;ff';.il, the District oir,y,"u,on ortrie deriverv or Lrse orwater
by t'e Appricant fo, n1o." than one of the crasses of service whic' are defi.ed i. the Rules a.d
Regr.rratio.s of the Board of Directors of saicr District. Saicl agreer,e.t nray co,tai,, but ,ot be
lirnited to, provision for water clelivery at titues or by means not proviclecl within the tertus of
stanclard alrotrnent contracts of the District ancl aclclitional a*uar monetary co'sideration for exten-
sion of District setrrices ancl for aclditiorral adnrinistration, operatiotr and tnaintetlance costs, or for
other costs to the District which may arise tluough services rnade available to the Applicant'
CJ{}dt\ "n^k DwcltXiSY\Aild CmrM
'6r
10. CIIANGE OF USE,: l'he District reserves the exclusive right to review and approve
or clisapprove any proposecl change in use of the water right allottecl liereunder. Any use other thau
tlat set fortS herei. oi uny leas" o. sale of the water or water rights allotted ltereunder without the
prior written approval of ilr" District shall be deernecl to be a material breach of this Coutract'
I 1. PRIOR RESOLUI',ION: The water service provided ltereuncler is expressly subject
to tlrat certain n"rot,,tiffirr"d by the Boarcl of Ditectors of the District on Septemb er 25, 1979 '
a.d alI ame.clments thereto, as tlie same exists upon the date of this application aud allotment
Contract.
lZ. NO FEE TITLE: lt is understoocl and agreecl that nothing hereirl shall give the
Applicant uny
"q'.,itut
l. * l.gal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitlecl to the right to use the water right allotted
her.eu,cler, subject to tlie lirnitaLions, obligations and conditiotls of this Contract'
13. coNSERVATION PI{ACTICES: Applicant shall implemettt atrd use commonly
acceptecl conservatiol practices with respect to the water and water rights allotLed herettuder and
shall be bouncl by any conservation plan ltereafter adopted by the District, as the satne may be
amertded lrour tiure to time.
14. WELL plrltMll': If Applicant intends to rlivert through a well, then Applicant tnttst
provide to Dirtri"t u
"opy
of Applicantls valicl well permit belore the District is obligated to deliver
_ ary water hereunder, ancl it is the Applicant's cor-rtinuous duty to tuaintaiu a valid well permit'
Applica,t shall also cornply with all resirictions ancl limitations set forth in the well permit obtained
frorn the Coloraclo Division of Water Resources. Applicant must cornply with the well-spacing
requireme'ts set forth in C.R.S. $37-90-1 37, as u-Ln,l"d, if applicable' Cot,plia.ce witS said
statutory well-spacing criteria shall be an express condition of the exteusiou of service hereutlder,
ancl tlie District shallln no way be liable for an Applicant's failure to cornply'
I5.MEASURINGDEVICDoRMI]TER:Applicantagreestoprovide,atitsowtr
expense, n totulirirlg fl*"t", with remote readout to "orrti,rtrously
and accural'ely measureat.all
tirnes all water rliverted pursuant to the terms of Applicant's water riglrt and the ternrs of this
Contract. Applicant ug."", to provide accurate readings frotn such device or meter to District upon
District's request. Applicant acknowledges that failure to cornply with this paragraph could result
i,legal action to terminate Applicant's cliiersion of water by the State oIColorado Division of Water
Resources. By signing this Contract, Applicant hereby specifically allows District, through its
autSorized agent, to elter upon Applicant's property cluring orclinary business hours for the purposes
of cletermiuing Applicant's actuaI use of water'
Tennination bY District:
l. The District may terrninate tltis Contract for any violation or breach
of the tenns of this Contract by Applicant'
A.
cl-P.dd{-sk BscDxif yula cqtd 16r
2. 'I'5e District nray tertninate this Contract if- in its discretion, any
.judiciat or adniuistrative p.o"""<Jings initiater.l by Applicant threaten the District's
arthority to contract for delivery o. rr" of the District's water rights, or threaten the
District's pernrits, water riglrts, or other interests of the District'
R. 'fennination bY Applicant:
l. Applicant may tennitrate this cotitract in its entirety for any reason
by notitying the District ir"r writing of the tertninatiotl on or belore April l '
Notice uy ,oia date will prevent the Applicant's liability for the uext autrual
cotrtract charge.
17. RECORDING OF ME,MOI{ANDUM: In lieu of recording this water Allotr.nent
Contract,uM"*o,umtrtContractwillberecordedwitlrtIreGarfieldCourrty
Clerk a,,d Recorder,s Office. The costs of recording the Memorandutn shall be paid by Applicant'
API'LICANTS:
Applicant's Acldress:
George It. KilbY
c/o Caloia & IIouPt, P.C.
Attn: Sherry Caloia
1204 Grancl Aventte
Glenwood Springs, CO 8 I 601
STATE, OF
COUNTY OF
)
) ss.
)
George R. Kilby and Farley S. Kilby'
WITNESS my hatrd and official seal'
My commission expires: MY c6MMlssl6N E1PIRES 10/27
George R. KilbY
c.\-rJE{-sk swcD.Nisrullor cdr< }64
O I{DER G ITAN'I' IN G AT'I' LICATION FOIT ALLOTMI'N'T CONTRACT
GEORGII R. I(ILBY AND FAITLEY S. KILI}Y
CONTRACT NO. 368
Application having beeu macle by or on behalf of George R' Kilby and Farley s' Kilby
(herei.after ,,Applicant") a.cl hearing o. saia appticatiott havittg bee, cltrly held' it is hereby ordered
t'at sai. Application be gra,tecl a,cr that the attache<r water Allotr,ent co'tract for 0.1 1 cubic feet
of water per second fio,r the l)istrict's rlirect flow rigSts a,d 3'6 acre feet per year of
storage/augme'tation water ownecr or controlletr by the District is hereby approved a,d executed by
and on berralf of the Basalt water conservancy District, for the beneficial use 3f
the water allotted
i, the attached co.tract, upo. trre terurs, condiiio,s and rna..er of payment as therein specifiecl a,d
subject to the following specific coticlitions:
L The Applica,t has acklowletlgetl that the lancl to be benefitted by the aLtaclted
Contract is described tr-, n*trit it "A" attaclted hereto attd incorporated hereitr by this reference'
z. The Applicant shall establislt a I]orneowners Association or other entity accepLable
to the District lor the ongoing paymetrt o[ charges <Iue uuder the approved corttract following
subclivision of t5e prop".,!. TIte Applica,t sSall give notice to pttrchasers of a.llor ally part of the
subject property of ,tr" obiigation of tlris Contract3.d shall '""o''tl
suclt notice i. the records of the
- clerk and Recorder of Garfielcl county, colorado. Applioant ancl his successols and assigns shall
cor,pry wit' alr rules a.cl regulatio,s now existi.g or hereafter acropted by tlre Disr.rict, i,clucling
to enforce payment of cltarges clue under the approved contract by present attd future owners of all
or any pariof the real property served uncler this Contract'
3. -Ihe Applica.t shall maintain its Association in good startcling and shall be
respo'sibre for the ongoi,g payment of crrarges due under trre approved contract. Applica,t shall
give notice of the obligations of this Contract to purcltasers of ai or any part of Lhe property served
by this Contract. Applicant a,d its successors a,.,i usrigns sliall comply with alI rules a,d regulatio,s
now existing or herealter adoptecl by the District to enforce payment of charges due under the
approvecl contract by present ancl future owllers of all or any part of the real property served uuder
this Contract.
4. -fhe Applicant shallprovide the District proolthat the proposed lancl use of the IaId
to be benehttecl by the water allottecl herettncler ltas been approved byth.e applicable goverumeutal
authorities havi,g j'risdictio, over such land use, incl,rclini Lvitlencesatisfactory to tlte District that
eac5 lot o, pur."iio be be.efitterl hereunder is legally subrlivicled'
/'- \
5. A'y well permits issuecl on the basi6 of this Allolettt contract shall be applied for
ancl issued in the name of the Applicant or l-lotneowllers Assocqott'
-. 6. lly acceptance o[t5is contract, Applicant acknowletlg**'{iiut within two years of the
date liereof or such later clate as the District lnay approve, the Applicant shall Ille witli the Water
court of water Division No. 5 a water rights plan of augnrentation for trtilizatiou of water allotted
hereuncler at t5e location apd for the purposes hereinabove set forth, or the Applicaut's water
allotment as provided in this Contract,roy 6" incluclerl in a water riglits plan of augureutation to be
fited by the District with the expenses thereof to be sliarecl prorata by tlie contract holders included
in such plan; provicleii that inclusion of the Applicant's water allottnent in the District's plan of
augmentation shall be at the District's sole discretion.
I. the event t6e District inclucles the Applicant's water allottnent in the District's Application
lor a pla, of augme,tation, Applicant will provide such informatiou artd assistatlce, inclucling
testi.rony, as may be needeclfoi juclicialapproval of the plan. I'he District utakes no wart'auty that
it will secure approval of the plan. The Disirict may establish an augmeutation plan fee to be paid
by t5e 5o1ler o[any contract or arnencletl contract to be included within a plan oIaugmetrtation to
be filecl by the District, which fee shall be payable in advance of the inclusiotr olsuch contract in
a District plal of augmentation and ,rray^b" based on the l)istrict's good faith estimate of the
anticipated expense oisuch plan of augmentation. If such augmentation platr fee paid by a Contract
lolcler exceeds the contract holcler's prorata portion of the actual expenses incurred by the District
i. cornpleti.g saicl plan of augmentation, the District shall refuncl such excess to the contract holder'
Co'veisely, if su"h a,tg,nen[tion plan fee paitl by (he Contract holder does not cover the Contract
Solcler,s prorata portioir of tlie actual .*p.nr", iricurrecl by the District in completing said plan of
augrnentation, tSep Applicant shall pay ihe remaining balance of its portion of the actual expenses
upon the District,s provicling the holcler with a statetneut for the saltle. To the extent that the District
is caused aclditionai costs because of objections filed specifically due to the inclusi<ltl of Applicant's
Contract ip the fili1g, such adclitional "osts r,-,uy be chargecl specifically to Applicarrt aud not sharecl
on a prorata basis by atl Contractees'
I Iowever, by acceptance of this Contract, Applicant acknowleclges that it shall be responsible
for the adjudication of t5e water right associated with the Applicant's pond' Tlte Contract allots
storage/augmentatiol water of the District to augmeut evaporative losses from the surlace area of
the poncl, but t5e Applicant acknowleclges tlrat the District will not be responsible lor adjudicating
a water riglrt or priority clate for the poird in any future water rights plan of augmentation filed by
the District. In its sole cliscretion, the District may inclucle the augrnetrtatiou of the evaporative
losses fro,r the po,cl i1 a future augrnentation plan filing (as above clescribed), but only after the
Applica,t provicles the District with a decree of court which acljuclicates the water right and priority
associatecl witS the pond. In the event that the District includes the augmentation of the evaporative
l,sses in a f,ture augrnentation plan filing, the Applicant shall pay the District's costs associated
with the plan (as above described)'
g. A,y apd all conrlitions imposecl upon the release attcl cliversion of water allotted
hereuncler in any water rights plan of augmentation or other water rights decree of the Water Court
for Water Division No. 5 shall be incorporatecl herein as a conclitiou of approval of this cotttt'act'
Granti.g of this allotrnent contract <loes riot constitute the District's represetltation that the Applicant
will receive a well perrnit or water rights clecree for the land to be benefitted hereby'
t r ,D(\owcD roirlMll n r olD
Attest:
sy,4, u lr,*- fil '*/'
Barbara Mick - SecretarY
g. If Applicant intencls to divert water throtrgh a r'vell or wells' Applicarlt shall provide
the District a copy of Appricant,s varicl we'f perrnit for ealr such weil before the District is obligated
to cleliver water to, irrl'b"nefit of Appricant hereunrrer. Apprica.t must c.ornply with the rvell-
spaci,g 'equirenrents
set fort'i. C.R'S' $37-90-137' u' u"'"ntl"d' if applicable' Compliance with
saicr statutory welr_spacing criteria shalr be an express co.crition oi tt.," extensio, of service
hereuncler, ancl the District shall in no *uV be liable iot u" Applicant's failure to cotnply'
*'+Ar N
Approvetltl,i, ll''a"l"r tJY '2ooo'
BASAI.T WA'IER CON SE,RVANCY DISTRICT
Art Bowles, President
-3-
il \n(\n\'cD\foRlls\^l I r)I.ORD
08/93/oo Tlltl 11:33 FAX S7O 528 5742
l.
FILE NO. 9912072
EXIIIBIT NAil
Et oor
LI'G-GLENIYOOD SPRINGS
I
-.,-.4
-9
===E3 -rr:l o
r!:B -7=L
-:',
-N5-NO
-oo-L--@aEo iil
-5&
--,E=s;IIo ;
='PIIA 6
-ql-{8
-o.-(trJi-dE
-nn-U,=gr
-o(o
A DarceI of Iand
sectlon 35, and ln ";:;:;il.;; ;;;;-;;-""a rs rn secbion 35' rownshiP
riesE of the 6lri' ;;i";iP?t ,"ill-di1i:^:?tT:" ::l^3:llf; *"1?:.3'
"I"15r"?luol"i.ili"*";;-;;;It;"r"rv descrrbed as
slcuaced In Government Irots .7 ' -8',1'- \1.'*:,::-l:*Y:Hfi .i: ;:: :''i';'= :;a"i 1" 11' s." ! t 19i - 1
e'
^1:S:n:
Garfleld, SEace
fo] lows !
Beglnning aE a polnE on an exieclng fencellne from whlch the wlrnesa
corner Eor Ebe sot'eh QuarEer tott'It'-oi--ieculon 35' a No' 6 rebar
round 1n place b";;; sJuth 35"3+'s-7i-'""E a dlbtance of 3156'83 feer'
rhenee NorEh rr.oillni-e.""-" atstance"Ii io.ii feec to a No' 5 rebar
aE Ehe souche,rv-lit't Ii-p-'""t z'"i-trt" Day subdlwieion Exempclon;
chence NorEh es'eiioo" eo=e arong Ilii"I""Iileilv ttt''u' a dlstsancc of
38.34 feQE tro . .ii.i-.,ra-".p, ptz -*-z'tatl aE Elre southwest' corner of
parcer 3 of rh;"*;"I;- n-y' . Sruai"i;i;; -i*"'pcro" i Ehence NorEh
B9o3E'oo" t"n. .io,tl-iit toi'cr'"trv-ii"t-."1 ::lu-Parcel 3' a dlscance
c)E 1.,4_3? reeE .1"'j"rlillr-;;; ""pl pi" t 26s_so "1 :h" sourherlv lino
ofsaidParce]:r"Uft""t"NorEh-allzo'5?nEasEadistanceof2ST'6'lfeer arong a"ra eo,r;r,liiy ri.._.o l-r.i^i and cap, prs # 276L3 at the
southeasE corner';;-;;i;'Parcel- "*
ir'"""" Norbir - zz'o+'s+" Easts a
disrance ot 66.ri-.I.i-.ions th. "a;'J;;iY rtl:-:I.6ald Parcel 3 co a
rebar and' cap, ;i".-+_ i.7/,.:::l, .h"ill'*o'in r: .22t 4g, EasE along raid
easterly Jine, "''iintt"tt of 16";'- i;;' along-eai<l easrerJy line;
chence souEh sr.:IiiiI B"rt along "-.ra-II".n.ry
-ritt" a dlstance ot
G|.-7e feec co cr'-" """tlorr }lr:c a"ffi;; co-s""tiot's f5 and 36; Ehence
sotrEh o0"33'o'" lI"I-;i;;; u'ra t""ii"""Ir"" a dl-srance or L}'e9 feeE
to hlre Northweetr -"o-"t -of ott"IlitIrrt'r,ot i+ ln secclon 36; Ehenco
NorEh 89"51'.r" s... a distance "?" rjit''n? I:tt.t: a rebar artd cap'-
ole # :z6sso, an.-rrlJ-"."[[ , discanle oE ?40.00 !y'h co a rebar and
i'"p, prs lt ,"''61'|ti''Zio" io'tr' '.)ZisY)s"';;;L-'-ii='"'''n
or 254'e3
reec to . t*r>li ;;;";;p;-pie. lt ''-"i'6i chence Soucu 30"22 '30 I'reEE a
dieEance or 25L.;3 ;;;"-I-o'"'"bu'';;;";";;-;le fi 26e50 " Ehcnce NorEh
-8e.58'oB" t'reets -: -;;;t;;"" or +iolii ;;-"1
";
a rebar and cap' pls ll
25g5o; trhence norln ii'rs'os"- wt"i -" disLance 'of 252 '12 feet to a
rebar an<1 cap, piI..a- 1gisol ctrerrcl No|j1,-ie"zr, sz,' w"=. a distartce oE
21j .46 feey r.o a- rebar and cap, _ni"";')'igso,. clrence Soutslr 55'12'16"
HesE a disca.c"--;;- i-e-i. e 9' f;:; "..-" rebar and cap' pls lt 2695Ot
chence Norrh "riir';i"
;;;;--' aiII""!I lr-rii'se reer^ Eo- a rebar and
I"p, -i, ; r z::: il l:$::;lilr:"-;: ;;i :I; :,"::it -":.,":;:i::i,' "i:it ^llteLc - Eo a rebar^-l'g :::: E:",o.:;;;"1.'o-i"."eI1ne beins a rebar and
:i::u: 0"5.,i3? 'l'::::^:iri"liril i:"hiimlffi:t" oo"io'o7" EasE a
dI sEanCC Of 585 ];, i;;;-;O THE POIN.I' OF BEGINIIING.
ToqqLher with a 6o fooE road eagemenL locaEerl ln Loc 15 of SecEl-on
361 Townsttip z sourl:' Range aa.'"i";I"-"r the- 6Th P'M- ' courcy-of
carfield, =a"*"-*li'..i"riao, .r,""EEi."rir"" "r said' easemenb belns
i"i"-p-ilrctrfariy descrlbed ae forlowst
Baginnine-au a,pol1r rfq* ^:ll::" t'j; o:::'l'::".;";::;,1;;:tli:j!"jlorircer Corner o€' said secEl(
f,i*.-'r"" of.3321'57 fecEl cltttr"t-r'totit'
-oB'21'59" g"'i " di6Lance of
11--e .'7 I reetr,'i"i""-H"5;n-93191"I:"hi"n-**:1":1". :!t=li? : l;"lF:
::, :'"'::l:"'Bl::.:: :::"::':l"I:":'i;''ii*s"'I. "oueh sa
"-al"i,.t""
oE f8o8 ' 84 fceE -
1.
il[:(,l-lVl l] r.r, - l'']
' JLlt-03ZttUU
AppltcnloN Fon wAt En ALLot MENr coryJ;l;t6,qJ:" 'l[li! i i';
BASALT WATEn CONSEIIVANCy DlS.l',nlGTr,o'uer', ,,liil{,0l ,,... , .
AJrplicant's Narrre(s),
-.**+g*"5.=rrtUI-clo-Ua-vf1v
Ileuu ttaiirUii'
Address: c/o Caloia & IIouur. p.C
l204 Grand Avenue, Glenwoo,l Springs, C0 81601
2.
Teleplrorro Nurnber: ql o-9 L\-6.167
Type ol lalrcl use (developllrBntl proposed Ior water allotlrrent colrtract: (i.e. slngle
larnily lrolne, sul-rdlvlsiorr, gravel plt, etc.l
Subdivision (4 1oLs, 9 trniLs)
Legal descrilttiort oI property on wlriclr District's water riglrts orrd/or Ruedi Reservolr
corttract wator slrall be usetJ; Ouarter Ouarter, Sectiolr,-[ownslrlp, Rarrge (attaclr
rnap)':
NW* SW+, Secrion 36,'i'7S, RflBtr^tr.6rh I,.I{. a,rt Nn} sIi+
SecLit-rrr 35,'l'7S, RBBlr, 6Llr p.M. Approxirrrately 40.61
i3.
acres. See aItachecl .
4.
5.
Elevatiolr zone oI progterty x 6-7,00O lt.7-8,000 f t._ B-9,00o [t.
Natne arrd legaldescri;ltion of watersupply divorsiolr point(s); llrclude OuarLer Ouarter,
Sectiott, Towltslri;1, Bange, [-rearirrg orrd distance frorn rrearby Sectiorr co]nBr. (ldelrtlfy
if well, sJtrirtg, pipeline, otc.lll diversiorr g;oirrt ls a well, ploase provido tlre Stats Pernrit
No. perrrl.irrg .
Ilayf 1y Ile'd Rarrclr No. l, Nt{+ shri sec. 36 2.150 Feer f Lon -Nor800 feet f rorn hles
IIayf1y Dend Ranch No 2. NW+ St^,+Sec 3(r 7, (rOf) fep-t FrorL-N-qr
Eh
t
th
'Basalt Water Corrservatrcy District
Water Allotrnerrt Applicatiort
Page Two
l2
'.llll-- r'"
!'lAlt tlJll 51)\iF
",r,., ,.ri;,.i.,
donrestic/nrurricigtal use ott PagePlease cornplete tlris page if you clrecked
DOMESl IC/MUNICIPAL WATEN USES
lrr-llouse
Sirrgle-farnily rosidontial lrorne(s),
Duplex(s)
C orrd orrrilriurrr(s)
l-lotel/Apartrnent
Mobile l-lorrre(s)
lt]lqa-ti-qx (lawrts, ltarks, ol)erl spacej
Nurrrber
Nuntber
Nurnl.rer
Nurnber
Nurnber
of urrits:
of urrits:
of urrits:
of urrits
ol units:
(roorns):
Total area to be irrigated 30 ,000 sq. f t.
Type of irrigatiorr systern: (please clreck)
Sprirrkler
Flood (irrlgatiorr ditch)
Dornestic sto_ck waterirrq (cattle,,lrorses)
10Nurnber of arrilnals:
Period t-rf use (rnorrtlrs):
s1 2/3rdBcres
: ; .,,. i'' : ii.il
.: " l:i:. '
'.,,i':i'
,. r:, , :, :.J.
i :,r:
.: .' ii :. _.
. ','' i:!n
! ..:':..
i: i...:i
i . i.
: ..i :
, . .. |!
The Amendment is nrade subject to the following condition:
1.
APPLICANTS:
AMENDMENT TO WATER '\LLOTMENT CONTRACT
BASALT WATER CONSNRVANCY DISTRICT
CONTITACT NO. 368
*I{EREAS, the Basalt Water Conservat.cy District (hereinafter the ,'District,') granted
water A,otment contract No. 36g au,"a i.'r, fl,iooo,itt " ';contract") to George R' Kitby and
Farley s. Kilby (colectivety referred," ^iirJ "eiplicant'i;p' o t 1 cubic feet of water per second
frorn rhe District,s direct flow rights ^J;;i.; uir" r."t-of storage or other augmentarion water
owned or controlled by the District to serve certain property locatel in Garfield county' colorado;
and
WIIEREAS, the Applicanthas requesled tliat the contractbe amended b1'an increaseto 0'17
cubic feet of water per second fromthe District's c.irect flow rights and an increase in the storage or
other attgmentation water allotted thereunder to 3'8 acre feet'
WHEREFORE,theContractshallbeandherebyisamendedtoprovidethattlieApplicant
shall be e.titled to receive and apply to beneficial rrse0.17 cubic feet of water per second from the
District's direct flow rights ancl 3'8 u"'" i""t per year of 'to'ug"
or other augmentation water owned
or controlled bY the District'
\CT. APPlicant
Army CorPs of
sharl comply l:'*::::i":T'l:Jllio'11 a result of the
ilfJ#I',T ;,ffi;#;'"il" ;'i ;:lr:":::.:'l?:.'"v be required as
construction of any facilities necessary to ttse contract water'
Exceptashereinexpresslyamendedandmodified'saiclwaterAllotmentcontractshallbe
anrl remain in ftlll force and effect'
;r;df, ^, "r i'la,.L- -, 2oo1
Farley S. KilbY
(::
c \. r'JJtrls\^Lc UNCD\Nil[rv\nu'nDuar ]6r
srArE oF coLoRADo
] ,,
couNTY OF
-
)
,qK::l"il":;%1r$%#il:txff:#"f^:,";i,Tlmme'[his
Witness mY hand and official seal'
My commission exPtres:
TlreforegoingAmendmenttoWaterAliotmentContractisapprovedbytlreBoardof
Directors of the Basalt Water Conservancy District on this 5th day of March, 2001'
Basalt Water Conservancy District
By:
Attest:
fl!^ayor
.)
j orerve ti
i waRrxuen i
Nota:'y Public
rthur Bowles, President
Barbara Mick, SecretarY
c \$I Jod\llulc uwcD\xilLlwNndtrrrd 16r
fuiy ' :r'ri'i,irs;,,,r Expires 0911112004
t"
MayFly Bend Ranch
Preliminary Plan APPlication
Adj acent ProPerty Owners
Appendix G
f;,OCK
CREEK
sTUplo
36 N. Fourth St.
Carbondale, CO 81623
970.963.1971(P)
e70.e63.1622 (0
www.otak.com
Prepared bY
Parcd#1 - 9O'O3 Ac +/:. ^
Roaring Fork Preserve tut-
PO Box 1360
Basalt, CO 81671
(e7O) e27-1135
Parcol#2'42:59 Aa' +l-
iilR "d
cattle comPany' LLc
% Thomas A. Polachek
ffiW. Gaison Street, Su'rte 37oo
Chicago, [- 60661-2511
€12) 71$5000
Parcel #3
Alain Lanal
0E75 Rose Lane
L]tunr,a.t", CO 81 6a3-9599
p7q e63-17m
Parcej #tl
C and C Land Trust
i6rotg" R & FadeY S' Kilb'Y
505 SandY Lane
Aftnistor\ Al36207
@1elr37'728e
Parcel # 5'nl'*'i,a-n*ringForkHomeownersAsoociation
1€13 Highv\'aY f2
carbondile, cO 816"23
p7O) e6&441
I
t
MayFlY Bend Ranch
Preliminary Pl an APPIi cati on
Engineering Report
AppendixH
f;OCK
CREEK
gTUplO
36 N. Fourth St'
Carbondale, CO 81623
970.963.1e71(P)
e70.963.1622 (0
www.otak.com
Prepared bv
Appendix H
Engineering RePort
This Appendix contains documents submitted to the Garfield county Planning
Department on S.pt.-."U.ii, ZOOO, and;endments since that date' The documents
contained in this "rrr.* ,rru*ission for the Board of county commissioners
consideratio' orr l,,ty-1, ZOOi "t the most current as of July 3' 2001'
Notel.TheSoprisEngineeringdocumentsinthisAppendixHinclude:
A. Mayfly g-";JRurr"fi pr"fi-i".V-pi* eppfi*,ion, date Jwre2l,2000 (a pgs)
B. operation and Maintenanc. d;ia; for Individual Sewage Disposal Systems'
Prepared by Sopris Engineering 'L:L'C".April 6' 2000 (2 pgs)
c. Mayfly #Jd,".rU s,rppr..3n[Gngineering Report, date December 19'
2000 (4 Pgs)
other Sopris Engineering documents contained in this Application are found in other
Appendices as follows:
AppendixK-DrainageStudy:MayflyBendRanch,DrainageStudy'dateJuly26'2000
(4 pgs)
Appendix L - Sewer Line Exension Report' Yl{:^P9f Ranctu Preliminary Plan
Application - S"*"g" ireatment, date August 2l'2000 (1 pgs)
L
Dave Ivlichaelson
OTAK- Rock Creek Studio
36 North Forth
Carbondale, CO 81623
Re: Mayfly Bend Ranch, Preliminary Plan Application
SE Job No.20065.01
Dear Dave:
This letter comprises an engineering report for the Preliminary Plan Application to Garfield County'
Introduction
The site is approximately 40.61. acres on the south side of the Roaring Fork River- The site is generally comprised
of inigation pasture. The site has an access easement from County Road 100' An inigation ditch conveys water
from the souiheast cornel of the site across to the northwest at aTVo slope'
Water SUPPIY
It is our understanding that an application for water well permits were subrnitted on June 20,2000' The application
was for 2 wells to sewe up to g units, livestock water .nd luk. deptetion-- Properties on the southeast, southrvest'
and northrvest each have domestic wells serving their property. rnis indicatei that water in the general area is
available and Potable.
Sanitary Sewer System
The proposed residences will be served by individual sewage disposal ty-tl"Ps.osDS)' Attached is a report
prepared by Hepworth-paulak Geotechnical, Inc. dated JunE ro, iooo, which determined the percolation rates for
the on-site soils.
The combination of high groundwater and being mapped within the flood plan reduces the type of ISDs designs'
we would recommend an engineered sand filteior, rnore specifically, a mtunded-type system for final discharge
use. Based on the site plan and well location the actual ISDS dimensions and desig will vary' Required setbacks
from on-sire wells, il;;i., ditch, dwelling, and Property lines must be maintained'
conclusion of my investigation regarding the feasibility of constructing an on-site ISDS indicates the following'
1) An engineered on-site ISDS utilizing a mounded sand filter systern meering all of the appropriate setback
requirements appears feasibie for a primary residence and accessory dwelling'
2) On-site soils, as noted in Hp Geotech report, indicate average percolation rates between 7 and 1-5 minutes per
inch and should be suitable for a conventionai mounded sand filter system'
ISDS OPeration and Maintenance
A properry desieed and utilized ISDS svstern'hl'ld:'-1Y:T:liYtT::t:#i:::,:::T*,i'Jil:i1}:t:T.:,ti"
o:m,mmrHru;ffiffi;tn,{ -n? 1 ?
502 Main Street " Suite A3 ' Carbondale,co 81623 ' (970t 704-031 1 ' Fax (970) 704-0313
June 21,2000
SoPRts trGlilttnlilG o ll'G civil consultanis
sE. JOB 20065.01
June 21, 2000
Page2
(excluding human waste and toilet paper), excessive household chemicals or other toxic liquids and the physical
inregrity of the system components. It is recommended that the sepric tank, absorption field and dosing tank (if
applicable) should be inspected annually. ln general, for a properiy desiged systern, septic tanks should be pumped
,ulry z- 4 yrurr. For systems with a dosing ind/or distribution pump system it is recomrnended that the pumps'
valves, siphons, tank, control floats, wires ind any other applicable
"-ornpon.nt.
be visually inspected annually for
wear, damage, lealis, or other potential problems. eusorpiion fields should be maintained with suitable cover and
tept free of-root invasive planis. positive surface drainage away from the absorption field should be maintained'
Atiached is an ISDS operation and maintenance guideline sheet.
Drainage
only a small portion of the site falls within the FEMA 100 year floodplain zone. All buitding envelopes should be
kepi outside ihi, ,on.. If any buildings are consrructed wirhin the zone they will require a Garfield county
rtooaptain Special Use permit. The finistr floors will need to be designed a minimuur of one foot above the 10G
y.r, .u.r,. fhe existing drainage path for the subject site is generally from the southeast to the northwest at LVo
,lop. ,o*urd the Roaririg Fork {iver. The addition of a residince and accessory unit will have no or very little
i*iu.t on the historical drainage pattern. Inigation and drainage ditches will be rerouted to miss building areas'
Comptiance with Garfield County Regulations regarding drainage will be adhered to.
U you have any questions or need any additional inforrnation please give me a call.
Cc: George KilbY, Orvner
,j.L
OPERATION AND MAINTENANCE GUIDE
FOR I}{DTVIDUAL SEWAGE DISPOSAI SYSTEMS
Prepared by Sopris Engineering, L'L'C'
Introduction
Pril 6' 2ooo
A properly designed and utilized ISDS system should lequire minimal maintenance. rn all cases the
operation of the system should be automatic. several factors influencing the need for maintenance include;
actual wastewater flows into the system versus design flows, the volume of kitchen/domestic waste
(excluding human waste and toilet pap.r;,e*cessivJhousehold chemicals or other toxic liquids and the
physical integrity of the system components. Maintenance of engineered and non engineered systems
should include annual visual inspections of all structures, access/inspection ports and mechanical
components if applicable. Larger dosing systems and large second homes may require periodic
inspections with iertain adjustments based on variable usage.
ISDS OPeration and Maintenance
Septic Tanks
It is recommended that the septic tank(s) should be inspected annually or if plumbing problems are
experienced. In general, for a properly designed systern, septic tanks should be inspected and pumped
every 2 - 4 years.In addition to removal oitt. aclumtrlated solids from the tank the service lines should
be hydraulically creaned. This procedure is usualry performed by the septic purnp service and is especially
imponant in homes with heavy kitchen use and/or piurnbing p.otr"*r- The-scum layer should not exceed
a depth of r2,,or exceed a depth of 3,, above the bottom orin. outlet device. The depth of solids (sludge)
should not exceed l/3 of the depth of the tank or a depth below the bottom of the outlet device of 1'5"-2'5"
times the total liquid depth. The single most important aspect regarding maintenance of septic tank is the
protection of the auffiion area froir failure due to suspended solids scouring the system'
Measuring the scum and srudge layers is the only way to determine the need for pumping. Several methods
can be used to determine if the above recommenaea ieptfrs have been exceeded from visual tape
measurements to use of indicator sticks'
pumping the tank should be done by first breaking up the scum layer and mixing the sludge layer with the
iiquid portion by artemately pumping riquia frorn-the tank and re-injecting it.into the bottom of the tank'
This procedure shouil u. ,.p.ut.a *til lnrv a smarl residual of srubge remains in the tank which is
necessary for seeding purposes. Tanks stroula never be washed or di-sinfected after pumping Material
removed from tanks should be disposed of per methods approved by local health jurisdictions'
post pumping inspections are necessary to check inlet and outlet baffles and risers' check for signs of
damage, leaks in or out of tanks, proper sealing of access rir.tt and closr.re of lids' check the inlet service
pipe and the outletdistribution pipe ior accum-ulated debris to determine if cleaning is needed' check the
seals around the pipes at the inlet and outlet ports on the tank to insure they are watertight' Repair any
damage to insure the tank operates * a.rigria. Appropriat" sarety and sanitary practices should always be
[o,owed w.hile working with sewage systels. crrect anchoring devices if applicable.
Septic Tank Additives
ln general chemical, bacteriological or enzyme additives are not recommended or needed to maintain or
i*irou. septic tank efficiency. Available products have not been ploven to enhance a systems
performance and should not be used in an attempt to help breakdown solids to reduce the need for
p**pirg. Some additives have proven to have udr..r. iff..tt to the normal operation of the system'
Dosing systems
For systems with a dosing and/or distribution pump system it is recommended that the pumps, valves'
siphons, tank, control floits, wires and any ottr.r appiicable components be visually inspected annually for
wear, damage, leaks, or other potential probl.*r. s.p1ut. dosing tanks need to be checked for water
tightness structurar and plumbing integrity the same * rol a septi; tank. check for evidence of sediments
or scum layers which will indicate probl#s with the septic tank. check to see if the water level markings
on the side of the tank are consistent. Variability indica-tes that the distribution device, pumps, float
switches and/or controls may not be operating pioperly. The dosing system should be checked for
performance by observing it-,s dosing cycle, d-istribution pattern and calculating or monitoring its discharge
volume. The current performance srroda be compared with previous observations and adjusunents should
be made to the controls if needed to maintain or improve compliance with the design. If a filter screen is
used it should be cleaned as needed, annually and when the tank is pumped'
Absorption fields
Absorption fields should be maintained with suitable cover and kept free of root invasive plants' Positive
surface drainage away from the absorption field should be maintained. The inspection ports should be
observed to check for distribution and infiltration of effluent in the system. check the surrounding ground
for seepage, excessive wetness or erosion near the base of the filter mound or freld. Avoid any frequent or
heavy equipment or vehicular traffic over a freld and immediately, evaluate and repair any damage to the
system if an impact occurs. check for any signs of subsidence. Maintain any barriers to prohibit livestock
form entering the area.
Storm Drainage
To the maximum extent possible Storm water shall be directed away from absorption fields and prevented
from entering system structures. Any breach in underground pipes or risers should be repaired as soon as
possible. Alterations and additions to individual sitesihouldbe performed with respect to the existing
ISDS system.
Miscellaneous Guidelines and Precautions
Avoid pumping tanks during high ground water months if tank is installed below g,Y:::il?:t:,*it;.t-LYUILI Puruyur6 rsul
Adequate anchoring on r.ptL uia ao'i"! tanks is required 9'ii::1111t'.?::T:',:"fl:H#:'r is present'
ffiHr:,#ffie.Is must be protected t"o pr.r*t damage from vehicular or livestock traffrc'
^L^-^l-^ infn 'I IIE dluD\rlyllvu q vs'
Minimize the amount of water, oils, grease, household chemicals and solids discharging-into_thesystem'
Garbage disposals are not r..o**.rrd for use with ISDS systems or system size and maintenance
schedules need to be increased by 30 to 50 percent'
11G.,,,r consttrtantsSoPRls ErGlllttnlllG
t4l
Kit Lyon
Garfietd County Building and Planning Department
109 8'h Street, Suite 303
Glenwood SPrings, CO 81601
Re: Mayfly Bend Ranch, Supplemental Engineering Report
SE Job No. 20065.01
Dear Kit:
This letter is a fouow up to the engineering report for the preliminary pran Apprication to Garfield county
submitted June 21., 2000. we hope to address any engineering issues noted initre 11-8-00 Staff comments' The
specific items that we found in reference to engineering issues are addressed below'
The owner has dropped the request for accessory dweuing units on each lot. The pran now proposes five (5)
dwelring units on 40 acres for an average aensity of one ,init p", g acres. SE Drawing sheet 1 of 4, [and Use
Summaiy, has been revised to reflect this change'
we have reviewed the Burlstone, Inc. comments and found that most were restated in the Staff comments' sopris'
response will be ir""rp";;J *i,t ,t. applicant's general response to the 11-8-00 staff comments'
The owner has retained Zancanella and Associates, Inc. for engineering consultation-related to well and water
system design. zancanerahas submitted well aesign and test resurts piease. refer to his letter of 9-6-00' The
application provides i", ,t. "p,i"n
of individual loito hau" acc"ss to ihared weus and to arso have the option of
using an on site well. sopris Engineering.has shown the location of the t'wo-shared wells that were drilled and
tested. Utility easements have blen "rtubrirhrd
on the drawing to provide a water service easement to connect to
one of the two wers. Sopris Engineering considers the lines to """h rot part of the shared system and not a
community water system. A shared 1.5,;HDPE water line is recommenied to connect each property to one of the
two wells for domestic use. The system wltr ue owned operated and maintained as specified by the Homeowners
Association.
The shared water system is designed for potable domestic use not for fire flows' According to the letter on March
zj,2ooofrom Bill Gavette, carbondale Fire pistri"t, Deputy chief, fire protect water supplies will be limited to
water carried on responding fire apparatus. Additional water would have to be supplied by tanker shuttle'
The subdivision design has avoided disturbing the flo_od irrigtion system now. in use. Irrigation and drainage
ditches will be rerouted to miss building "i"ui. rn" sroughbiict piorria"s irrigation water to the proPerty by the
Banning Lateral. Ms. caloia, the applicant,s warer attorney, *lii-iJor"rr the iriigation rights from the Slough Ditch
in a separate exhibit.
December 19,2000
n Street . Suite A3 'CaIEndAe'c0 81623 . (e70) zltosll . Fax (970) rul-0313
SoPRls EttGllltEnlllG LlG civil consultants
I
sE. JOB 20065.01
December 19,2000
PageZ
An ISD' system is typical for this type _ol subdivision and is within the county guiderines. with the density
reduced to g acres pe, i.sioence we ieet tt uiit i, J.r.ity shourd.be acceptable as it is far below the county
requirement. we recommend that th-ep.p"*J ,..identes wilr be ,.*.d by engineered individual sewage disposal - - -
systems (ISDS). The general note #3 t u, u"rr-.r,unged to plat note +z on S-E Diawing sheet L of 4 stating, "each lot
at time of applicatio, fo, building permit ,nuil u, ref,uired to submit an engineered individual sewage disposal
system."
Sopris Engineering has considered three alternatives to ISDS for this subdivision:
a;
'Connection to the Ranch at Roaring Fork system'
b) Central sand recirculating filter system'
3#ffi"-,TLlffiTil,,.l'"X'.tli1"#;" arternarives are feasible because of distances involved, limited size of this
project and cost considerations'
A plat note was added to SE Drawing sheet L of 4 to disclose the HP Geotech mention of the potential for
sinkholes.
Pase 1 1. Section [V. Staff Comments' I' Road Access
The Design of the access road designated as Mayfly Drive-was developed uv
-sgp.rilnngineering
prior to the
Roaring Fork preserve application for preliminuiy rt.r. we understana tnut High country Engineering has been
retained by the Roaring Fork preserve and-will ta'ke over the design of the shared u*.r road' The Mayfly Bend
property does not uour-o., county road r,00. Design for the u"..r?io county Road 100 will be address by the road
plan by High countrfergin"., ior.the nouring rJrk Pr.."*.. It is our understanding that the road course has not
been changed from our previous alignmeni-f. ugr.. that the preriminary plan approval would require that the
described
-60' u"".rr;;I;;;;;ffiJ from tf,e Roaring Fork Preserve prior to Final Plat'
All internal road designs will continue to be the responsibility of Sopris Engineering. we have designed all culverts
at l.g,,minimun sizes are noted on the aru*ings.
-cuiverts *il n"ir.quire riirap due to the gentle slopes of the site'
however a drawing note sheet 2 was added to-all culverts to include crup nur"a ends as needed to accommodate
terrain conditions.
Green Drake Road is a shared drive to Lots r. and 3 and does not dead-end at the lot lines. we have designed the
roads to meet Fire truck Access and proviJed a 40, utility and access easement on *,. ,olO alignment' y: oo /"r
recommend a cul-de-sac at the entrances to Lot 1 or 3, but have providedfor.a turnaround on this road if desired'
once homes are constructed an adequate *"ra turn around witi ue required on t1r? lots. Prior to the time of
construction there will be no need for Fire truck access. A plat note was added which requires rot I' and I-ot 3 to
provide for adequate fire truck turn arouni-on tit" at the time they submit for building permit'
The Garfierd county road design classification for all roads on the site is semi-primitive, based on 40 v'P'D' (5
units at g trips per day each). AII roads should have g' minimum tane width with a 2' shoulder' The gravel road
design and 40, nigt t or way are consistent with the semi-primitive roads design standard' It is our professional
opinion that the road design is adequate r"i tti, type of u.... 11 t .ping with th1 small scale agricultural layout of
the areas that sma[er narow roads are rno." o"rir.ble and h.r;;;;;;;.ct the environment and maintain as much of
the existing vegetation as possible'
0.40
0.70
0.95
sE.IOB 20065.01
December 19,2000
Page 3
Paee 14. Section fV. Staff Comments. G. Drainage
we have discovered that sopris Engineering's Drainage report of 7l26lo0was omitted from the submittal package'
This report described the site drainage in detail and calculated the volume of storm water from off site at peak
runoff duri ngaZ1-year storm for culvert sizing. A copy of the report is attached. Also included below is an
expansion tolhe I 126100 regarding Pre and Post DeveloPment drainage calculations'
We anticipate that the post development drainage will have a small effect on the overall parcel due to the
limited area being developed. we will.o*purJthe pre and post development runoff to establish if
detention is needed.
EXISTING DRAINAGE
The existing drainage collects in drainage ditches and irrigation ditches scattered across the property' The
drainage will not be changed except for where it intercepts roadways, at which point it will be div-erted'
Three small lakes ur. prof,o..d foi ttre site. The drainage will run through these lakes with little disruption
to flow. The on site Iirigation system that has rights from the Slough Ditch is proposed to remain in use
with minor disruPtion.
On site hydraulic conditions:
The drainage from the 40.6 acre site drains generally to the north west
continue as sheet flow as it has historically. Any of the sheet flow that
will be directed to the natural drainage ditches. We do not expect any
pattern on the site due to the development'
ON SITE DRAINAGE PRE-POST DEVELOPMENT
at about 1.%o slope storm water will
is intercepted by the proposed roads
change to the overall drainage
'W
e ight ed Runoff C o ffi cient
0.40
0.384
0.021.
0.008
0.413
Cover Type
Historic Conditions
Vegetated Areas
Area (sfl
"1,,768,972
runoff cofficient
0.40
Developed Conditions
Vegetated Areas L,700,772
Grivel Surface, roads 53,200
Building Roofs (3000 x 5 units) l'5,000
Total Developed
The weighted post-developed runoff coefficient, 0.41 is basically the same as the pre-developed runoff coefficient'
The change in runoff will be negligible over the site therefore no detention has been recommended'
Drainage around structures needs to have positive drainage away from structures in all directions' We recommend
one foot drop in the first 10 feet. we have also added a plat note to sE Drawing Sheet 1 of 4 that finished floors
shall be at least 18" or greater above the natural grade at the building site'
sE. JOB 20065.01
December 1.9,2000
Page 4
We disagree with the Burlstone recommendation for a full hydrology study for the site. This request is considered
to be excessive for a subdivision of 5 Lots in which no building envelopes have been determined to be within the
recognized 1.00-year flood Plain.
A wetlands study was conducted by Beach Environmental L.L.C. their findings was submitted under a
separate report of 1L-06-00. The study identified three areas of wetlands on or near the site. Sopris
engineering has overlaid the wetlands information from Beach's map to the best of our ability onto the site
pta-n. One irea lies partially in lot 4, a second has a small area inside l.ot 3, and the third lies partially in
'Lot t but is outside it. Uuiiaing envelope. We have rnodified the building envelope of Lot 4 and Lot 3 to
stay outside the identified wetlands.
Sopris Engineering has deleted the General note #4 referencing the Garfield set back standard. The
required set backs are represented on SE Drawing sheet 1 of 4. Plat notes 9, 10 and Ll' were added to
address the number of dogs allowed on the property, exterior lighting, and road maintenance. Maintenance
of both access and internal roads is detailed in the Covenants.
Paee 18. Section VI. Staff Recommendations
Lot Set Backs
we have revised the sE Drawing sheet 1 of 4 to correct the building setbacks on all lots not in compliance with the
counry standard back from the pioperty line of 25 feet. The lots a-djusted include; lot 3, which has a 10-foot set on
two sides and the barn area, which is currently shown with no setback to the buildable area. lot 4 and Lot 3 were
also adjtrsted to keep the building setback ouiof any wetlands area. All building set backs are held outside of the
L00 year floodplain
If you have any questions or need any additional information please give me a call.
Sincerely,
SOPRIS ENGINEERING
%^/-/,zz
Mark Butler, P.E.
Project Engineer
Cc: George Kilby, Owner
t
MayFly Bend Ranch
Prel iminary Plan Application
Appendix I
Covenants
ffis[irn
36 N. Fourth St.
Carbondale, CO 81623
970.e63.1e71(p)
e70.963.1622 (0
www.otak.com
t
t
t_
t
t
I
t
t
l
f
I
Preoared b],
Appendix I
Covenants
Documents submitted to the Garfield County Planning Department on September l, 2000
have evolved due to approvals, revisions and edits. The documents contained in this
current submission for the Board of County Commissioners consideration on July g,2OOl
are the most current as of July 3,2OOl.
Note 1. The Exhibits listed on page 18 of Declaration of Covenants are attached by
reference and when the Declaration of Covenants is recorded these Exhibits will be
properly attached thereto.
The text of these Exhibits are found in this Application as follows:
Exhibit A - Properry description. See Appendix C - Deed
Exhibit B - Recording data for suMivision - Will be prepared at time of recording.q4!!t C - Living with wildlife brochure - Includedin packet following Covenants.
Exhibit D - l1 DOW recommendations for development impacts for wildlife - See DOW
letter Marchz7,2000, copy included following Covenants.
-Exhibit E - Sopris Engineering typical maintenance plan. See Appendix H - Engineering
Report.
E+ibit F - See Application amendments submitted March g,2OOL This document is
subtnitted therein as Exhibit A, attached to a letter from the Applicant responding to the
21 conditions of Approval cited in the StaffReport of l/10/01.
Ca,rol.q. & HoIJPT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOI,A
JEFFERSON V, HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
I2O4 GRAND AVENUE PARK AVENUE PROFESSIONAL BLDG.
GLENWOOD SPzuNGS, COLORADO 8160I I2I NORTH PARK AVE., SUITE B
(970) 945-6067 - VOICE MONTROSE, COLORADO 81402
(970) 94s-6292 - FACSTMTLE (970)2s2-0t80 - VOrCE
Please direct correspondence rc this address Sender's email: scaloia@sopis.net
March 8,2001
Kit Lyon
Garfi eld County Planning Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Mayfly Bend Ranch Subdivision
Dear Kit:
Enclosed please find 6 copies of the following documents:
1. A revised Declaration of Covertants. These Covenants have been revised
and do incorporate the provisions of both sets of covenants previously submined to the
Counly with this application.
2. A copy of the 5 individual well permits for each of the lots in the Mayfly
Bend Ranch Subdivision.
3. A copy of the two well permits for the Mayfly Bend Ranch Ponds Nos. 1
and 2.
4. A copy of the amended Water fughts Application with Ptan for
alrgmentation for the Mayfly Bend Ranch Pond nos. 1, 2 and 3. Since Pond No. 3
does not intercept groundwater no well permit is necessary for it. We have received
no statements of opposition to this case and anticipate getting a final decree within
45 days.
5. My letter of even date herewith regarding the status of well permit 99585.
I have tried to address the concerns of your last staff report. Please feel free to call me
with any comments, corrections or concems. We.are h"ppy to submit whatever additional
documents you may need to review this submittal.
KILBY-Lyon Lrr -l
Mark Bean
March 8, 2001
Page 2
Please call if you have any questions.
Sincerely,
CALOIA & HOUPT, P.C.
/ry/e*^
Sherry A. Caloia
SAC:nll
Enclosures
cc: George Kilby
Dave Michaelson
MACKLEY-Lyor l-tr 2
DECLARATION OF PROTECTIVE COVENANTS FOR
MAYFLY BEND RANCH SUBDIVISION
THIS DECLARATION OF PROTECTIVE COVENANTS AND COMMON OWNERSI]IP
PLAN is made this day of ,2001 by George R. Kilby and Farley S. Kilby
pursuant to and in accordance with the Colorado Common Interest Ownership Act.
ARTICLE I
GENERAL PURPOSE OF COVENANTS,
SUBMISSION, DEFINED TERMS, DESCRIPTION
l. Purpose. These Covenants shall govern and be applicable to that certain real property
situated in Garfield County, Colorado known as Mayfly Bend Ranch Subdivision, (hereinafter
Subdivision or Mayfly Bend) as defined and described in the Final Plat therefor recorded in the
Office of the Clerk and Recorder of Garfield County as Reception No It is the intention
of George R. Kilby and Farley S, Kilby (hereinafter Declarant) expressed by their execution of
this instrurnent, that the lands within Mayfly Bend be developed and maintained as a highly
desirable scenic equestrian, fishing and residential area that will continue to be a part of the
surrounding natural landscape. It is the purpose of these covenants to preserve the open space,
wildlife habitat and the landscape that gives this area its present natural beauty and preserve the
character of the property in addition to the views and setting of the Subdivision to the greatest
extent possible, and the Lots therein shall always be protected as much as possible with respect
to uses, structures, landscaping and general development as permitted by this instrument
2. Property Submission. Declarant hereby submits the real property described in Exhibit
A, together with all easements, rights of way, and appurtenances thereto and any buildings,
fixtures, and irnprovements thereon (hereinafter Property) to the provisions of the Colorado
Common Interest Ownership Act (hereinafter Act) and to this Declaration. In the event the Act is
repealed, the provisions of the Act on the effective date of this Declaration shall remain
applicable hereto. Declarant further declares that the Property shall be held, leased, mortgaged or
sold and conveyed subject to the following terms, easements, reservations, restiiCtions,
covenants and conditions. Declarant fuilher declares that this Declaration shall run with the land
and shall be binding urpon all parties having any right, title or interest in the Property or any part
thereof, their heirs, devisees, legal representatives, successors, and assigns and shall inure to the
benefit of each and every Owner.
3. Defined Terms. Each capitalized term not otherwise defined in this Declaration shall
have the meaning specified or used in the Act.
4. Name of Common Interest Communitlz. The name of the Common Interest
Community is Mayfly Bend Ranch.
5. Tlzpe of Common Interest Communitlz. The type of Comrnon Interest Comrnunity is a
planned community.
6. Association Name. The name of the Association is the Mayfly Bend Ranch
Homeowuers Association a Colorado non-profit corporation (hereinafter Association or FIOA).
Page -1-
1. Property Location. The Property constituting the Common Interest Community is
located in Garfield County, State of Colorado. Private property rights exist on bordeiing
properties and Mayfly Bend Lot Owners are cautioned not to trespass thereon.
8. Property Description. The Property shall consist of five (5) residential Lots, and one(l) common Llse open space Lot, all of which are more particularly described on the Final plat of
Mayfly Bend Ranch. Lots 1 through 5 are designated for construction of single family residences
according to the terms of this document. All improvements will be restricted to building and
landscape envelopes as shown on the final plat map.
The common open space parcel will be approximately twenty-one (21) acres in size
and will be owned and maintained by the HOA. Uses of this parcel shall be restricted to
agricultural and other comlnon uses that are described further in Article III of this declaration.
Lot 5 is designated as Lot 5 or the barn lot. A common barn facility may be built on
this lot and rnay be made available to the subdivision lot owners and otheis by subsequent
document. The Declarant may retain ownership of this lot and may build a barn and reiated
agricultural facilities which may be used to serve as a central facility for continued agricultural
use of the Barn Lot, the open space parcel and support for the subdivision. This facility may
include a dwelling space that may be used to employ a residential property manger who wiil
supervise agricultural activities on the open space parcel and general management functions for
the subdivision. The bam rnay include other facilities for the Lot Owners use under the HOA
provisions to enable the care and sheltering of Owners horses as well as other common space for
the Owners use. Nothing herein shall restrict use of this lot as a residential lot.
9. Lot Description. Lots 1 through 5 or-r this property are approved for construction of a
single-fan-rily dwelling. Lot Owners are advised, however, that any dwelling structure, beyond a
single family dwelling on a lot, must have the approval of the upprop.iut. Garfield County
authority and the Architectural Committee (AC) of the Association. th. Lot owners are advisei
that a portion of each lot is designated as Easement (hereinafter LE) and the remainder of the lotis designated as Non-Development Easement (hereinafter NDE). All construction and
improvement will be confined to the LE, except that a lot owner may put a water well or portionof a septic field on the NDE portion of their lot if approved by tire AC and Garfield bountyAuthority. A building Envelope (hereinafter BE) will be designated within the Landscapl
Envelope and all dwelling space must be constructed within thai area. The Association will
manage the NDE portions of all lots for farming, ranching and permitted common uses. TheNDE portion of these lots may be irrigated and fenced by the Association for livestock control
and farming pLlrposes. The Association will be responsible for care and maintenance of the NDEportions of all lots, and the cost will be borne by the Association. Owners may also allow aportion of their LE to be fenced as described for the NDE, and in that event the Association willcare for that portion as though it were NDE. The Association may construct a farming orranching structure on the NDE portion of a lot (beyond fencing or irrigation) but that lot owner
may object if they consider their privacy to be invaded by such construction. tt,. provisions ofthis section sliall not apply to the Lot 5 or barn lot.
10' Recording Data. The recording data for all recorded easements and
appurtenant to or included in the Common Interest Community is set forth in Exhibit
attached hereto and incorporated herein by reference. In addition, the Common
Page -2-
licenses
@b@,
Interest
Community may be subject to the easements or licenses granted or reserved pursuant to this
Declaration.
ARTICLE II
OWNERS. HOMEOWNERS ASSOCIATION
l. Membership. All persons or other entities, including Declarant (hereinafter referred to
as Owners), who own or acquire the title in fee to any of the Lots in Mayfly Bend by whatsoever
means acquired shall automatically become members of Mayfly Bend Ranch Homeowners
Association a Colorado nonprofit corporation, in accordance with the Articles of Incorporation
of Mayfly Bend Ranch Homeowners Association, as may be duly amended from time to time
and which Articles and any amendments thereto shall be filed with the Colorado Secretary of
State and recorded in the real estate records of the Garfield County, Colorado Clerk and
Recorder. Any person, combination of persons, entity or combination of entities and persons
who own or acquire title to any lot in Mayfly Bend shall only be entitled to one vote in the
Mayfly Bend Ranch Homeowners Association per Lot. The Articles of Incorporation shall be
filed at the time of Final Plat.
2. Purpose. The Association, through its Board of Directors, shall be authorized and
empowered to take each and every step necessary or convenient for the implementation and
enfolcement of the Covenants contained in this Declaration The Association shall have the right
and responsibility to maintain, preserve, repair, insure and otherwise protect and promote the
interests of the Owners with respect to all common properlies and interests of the Owners and the
Association. The Association shall be governed by its Articles of Incorporation and Bylaws as
may be amended from time to time.
3. Board of Directors.
Directors consisting of three (3)
The affairs of the Association shall be governed by a Board of
members elected by tlie Owners.
4. Declarant Control. The Declarant shall have the reserved power, pursuant to the Act,
to appoint and remove officers and directors. This power of Declarant control terminates no later
tlran the earlier of a) sixty (60) days after conveyance of seventy-five percent (7 5%) of the Lots
to Owners other than the Declarant or b) two (2) years after the last conveyance of a Lot by the
Declarant in the ordinary course of business to an Owner other than Declarant. The Declarant
may voluntarily surrender the right to appoint and remove officers and directors before one or
the other of the above conditions have been met but in such event Declarant may require
certain specified actions of the Association or Board of Directors as described in a recorded
instrument executed by the Declarant, be approved by the Declarant before they become
effective.
5. Indemnification. To the full extent permitted by law, each officer and director of the
Association shall be and is hereby indemnified by the Owners and the Association against all
expenses and liabilities, including attorneys fees, reasonably incurred by or imposed upon them
in any proceeding to which they may be a party, or in which they may become involved, by
reason of being or having been an officer or director of the Association, or any settlements
thereof, whether or not they are an officer or director of the Association at the time such
expenses are incurred, except in such cases wherein such officer or director is adjudicated guilty
of willful misfeasance or malfeasance in the performance of his or her duties; provided that in
the event of a settlement the indemniftcation shall apply only when the Board of Directors
approves such settlement and reimbursement as being in the best interests of the Association.
Page -3-
6. Notice to Owners. Notice to an owner of matters affecting Mayfly Bend by the
Association or by another owner shall be sufficiently given if such notice is in writing and is
delivered personally, by courier, or by private service delivery or on the third business day after
deposit in the mails for registered or certified mail, return receipt requested, at the address of
record for real property tax assessment notices with respect to that Owners Lot.
ARTICLE III
EASEMENTS AND LICENSES
1. Lot Owners Easements. The purpose of extensive open space and common elements
in Mayfly Bend is to provide a working ranch character. Management of Mayfly Bend Common
Elements by the Association, shall conduct such operations such as haying, irrigation, fencing,
trail management, fishing habitat management and pasturing of livestock. Any and all such
activities are permitted on the Common Elements of Mayfly Bend and the Non Development
Easements (NDE) portions of the Lots. The conduct of these activities will be at the discretion of
the Ranch Manager with direction from the Board of the Association and an Owners right to
exclude such activities from the NDE portion of their Lot shall not extend to these p..-itt"d
activities. Every Owner shall have the right of enjoyment and easement for access to their Lot
through or over the Common Elements, and such easement shall be appurtenant to and shall
pass with the title to every Lot, subject to the following provisions:
A. The right of the Association to promulgate and publish rules and regulations
which each Owner and their guests shall strictly comply.
B. The right of the Association to suspend the voting rights and rights to use the
Common Elements by any Owner for any period during which any assessment
against their I-ot remains unpaid and for a period not to exceed sixty (60) days for
any infraction of its rules and regulations.
c. The right of the Association to grant easements, leases, licenses, and
concessions through or over the Common Elements.
D' The right of the Association to convey or subject a Common Element to a
security Interest in accordance with and to the extent permitted by the Act.
E' The right of the Association to close or limit the use of the Common Elements
while ranching, farming, maintaining, repairing, or replacing such common
Elements.
F. Any Owner may delegate their riglit of enjoyment to the Common Elements
and facilities to the members of their family, their tenants, or guests who reside on
or rent their Lot.
G. The rights of the Association over the Common Elements pertaining to
farming and ranching, as described in this Article, shall also extend to the Non
Development Easement portions of the owner's lots. An owner may further
extend to the Association these rights over a portion of their Landscape Envelope,
and in exchange the Association shall care for this extended area in the same
manner as the Common Elements without cost to the owner. An owner may not
Page -4-
prohibit construction of any fencing required for livestock control on the NDE
portion of their Lot.
ARTICLE IV
USE RESTRICTIONS
1. Permitted Uses. Only one (l) single-family dwelling, together with structures
appurlenant thereto, shall be constructed on any Lot in Mayfly Bend. The primary dwelling must
be located within the building envelope shown on the Final Plat.
Duplexes and multi-family structures are strictly
3. Outbuildings. Owners will be permitted to build customary outbuildings on their lots
provided such construction is located within the area designated as landscape envelope. All such
improvements must comply with the Garfield County Zoning Regulations, must have the
required Garfield County permits and must have the approval of the Architectural Committee of
the HOA, as provided below. Owners are reminded that all building, development, and other
improvements, including owner fencing and landscaping must be located within the landscape
envelope and all dwelling space must be within the building envelope designated for each lot.
No otrtbuildings on these Lots shall exceed2,200 square feet in building footprint, exclusive of
open overhangs or open shed areas, nor be in excess of 25 feet in height. All building heights
shall be determined by measuring from the finished grade to the midpoint between the eave and
the peak of the roof of said building. Greenhouses shall be permitted within the Subdivision,
provided that they do not exceed 500 square feet. Auxiliary buildings such as tool sheds, work
areas, or auxiliary building shall not exceed 16 feet in height, and the like shall be permitted
provided ar-ry individual outbuilding does not exceed'1,000 square feet. No more than two such
greenhouses and auxiliary buildings shall be permitted. The design and location of all
outbuildings shall be approved by the Architectural Committee. The provisions of this section
shall not apply to the Lot 5 (the Barn Lot).
4. Modular/Mobile Homes. No modular, mobile, or manufactured homes shall be
constructed or placed within the Subdivision. This prohibition shall not apply to construction
trailers which shall be permitted for eighteen (18) months from the date of commencement of
construction, or until the issuance of a certificate of occupancy, whichever first occurs provided,
however, construction trailers may only be used for construction, ofhce, and storage purposes
and shall not be occupied as a residence for any period of time. All other trailer homes shall be
prohibited. This restriction shall not apply to agricultural structures or barns or to Declarant
dr,rring such tirne as construction on the Barn lot is in progress and until at least one of the
residential Lots is sold and occupied by an Owner other than the Declarant.
ARTICLE V
ARCHITECTURAL COMMITTEE AND REGULATIONS
1. Architectural Committee. The Architectural Committee (AC) shalt be composed of
tlrree (3) persons. Prior to Declarants sale of three (3) Lots in the Subdivision. Declarantmay
appoint the rnembers of the AC which may include officers or directors of the Association, in
Declarants sole discretion and the Board of Directors of the Association shall have no authority
to remove any member so appointed. Upon sale of the last Lot in Mayfly Bend, or at an earlier
time as determined by Declarant, the members of the AC shall be appointed by the Board of
Page -5-
Directors of the Association. The persons serving on the AC shall serve at the pleasure of the
Board of Directors who may remove a member of the AC, except a member appointed by
Declarant, and appoint a new member at any time, provided there shall at all times be at least
three(3) persons serving on the AC. The members of the Architectural Committee may also be
directors of the Association and need not be Owneri. The Architectural Committee shall have
and exercise all the powers, duties, and responsibilities set out in this
2. Approval by Architectural Committee. No improvements of any kind, including but
not limited to dwelling units, caretaker units, garages, barns, corrals, accessory buildings,
swimming pools, ponds, parking areas, fences, walls, driveways, antennae, satellite dishes, and
walks shall be constructed, erected, altered, or permitted to remain within Mayfly Bend, nor shall
any excavating, tree cutting, and clearing or landscaping be done within Mayfly Bend, unless the
complete architectural plans and specifications, and a site plan showing the location and
orientation thereof, for such erection or alteration and landscaping are approved by the
Architectural Cornmittee prior to the comrnencement of such work, except as Declarant may be
specifically permitted to do by these Covenants or required to do by any subdivision
improvements agreement between the Declarant and Garfield County. Revegetation of all infills
and cuts will be required. Plans addressing the revegetation of infills and cuts will be submitted
to the Architectural Committee prior to any excavation at least three (3) complete sets of the
architectural and site development plans and specifications shall be submitted to the
Architectural Committee along with a complete list of all exterior materials and colors to be
used. All copies of the complete plans and specifications shall be signed and dated for
identification by the Owner or the Owner's architect. The Architectural Committee shall have the
right to request whatever additional specification information, plans, reports, and the like it
deems necessary to evaluate the development proposal throughout the approval and construction
process. In addition, the Architectural Committee may adopt rules and regulations which shall
specify the information, reports, plans, specifications, and the like required to be submitted to the
Architectural Committee Upon receipt of an application packet, the Architectural Committee
shall have seven (7) days within which to provide the applicant with a written certification
stating whether the information submitted is complete or incomplete. In the event the
Architectural Committee fails to take any action within forty-five (45) days after three (3) copies
of the complete architectural and site development plans, specifications. materials, and colors
have been submitted to it and the submittal has been certified in writing by the Architectural
Committee as complete, then all of such submitted architectural plans shall be deemed to be
approved. The Architectural Committee shall not unreasonably disapprove the architectural
plans. The majority vote of the members of tl-re Architectural Committee shall be required for
approval of plans. In the event the Architectural Committee shall disapprove any architectural
plans, the person or entity submitting such architectural plans may appeal the matter to the next
annual or special meeting of the members of the Mayfly Bend Ranch Homeowners Association
where a vote of three-fourths of the members votes entitled to be cast at said members meetings
shall be required to change the decision of the Architectural committee.
3. Building Permits. An Owner may apply for a building permit from the Garfield
County Building Department at any time, provided, however, the plans approved by the Building
Department shall not differ in any substantial way from the plans approved by the Architectural
Committee. If the plans approved by the Building Department differ in any substantial way as
determined by the Architectural Committee, then all approvals of the Architectural Committee
shall be deemed automatically revoked, and the Architectural Committee may pursue any and all
remedies provided hereunder.
Page -6-
4. Variances. The Architectural Committee may, by an affirmative vote of a majority of
the members of the Arcliitectural Committee, allow reasonable variances as to any restrictions
governing architectural control and/or policies or rules promulgated by the Architectural
Committee, on such terms and conditions as it shall require. No variance shall he granted which
contravenes any provisions of these Covenants or which violate the Garfield County Land Use
and Building Codes. No variance shall be granted without written notice of the request for such
variance provided ten (10) days prior to the hearing for said variance to all Lot Owners within
the Subdivision. Notice to such Lot Owners shall be deemed complete when placed in the United
States Mail, first-class postage prepaid, to the last known address for each Lot Owner as
provided to the Association.
5. General Requirements. The Architectural Committee shall exercise its best judgment
to see that all improvements, construction, landscaping, and alterations within Mayfly Bend
harmonize to the greatest extent possible with the natural surroundings and with other structures
as to design, materials, color, sitting, height, grade, finished ground elevation of neighboring lots,
and other design features. The Architectural Committee shall strive to protect the view of each
Lot insofar as possible (taking into account final build out of all Lots in the Subdivision) in the
development of Mayfly Bend pursuant to these Covenants and shall endeavor to protect and
preserve the visual character of the property and preserve and maintain the trees and wildlife in
Mayfly Bend. Each Lot Owners landscaping and building plans must be consistent with the
overall concept of a living within a residential ranch and among the natural wildlife habitat, as
described in the Colorado Department of Wildlife Livine with Wildlife brochure provided to
each Lot Owner. (Attaclied hereto as Exhibit B)
6. Soils and Foundation Report. and Grading and Drainage Plan. Lot Owners are
cautioned that due to the high water table adjacent to the Roaring Fork River and the geological
strttcture underlying the area, a soils and foundation report by a professional engineer will be
required prior to the issuance of a building permit by Garfield County. A Lot Owner shall cause
to be prepared and submit to Garfield County and the Architectural Committee, a soils and
foundation report prepared by such a professional engineer. In addition, the Lot Owner also shall
prepare and submit an independent sewage disposal system design, and a grading and drainage
plan, All improvements and structures shall be constructed in accordance with the
recommendations and conditions of such report and plan which are included by Garfield County
as conditions of the building perrnit or are made requirements or conditions of the approval of
the Architectural Committee
7 . Materials and Landscaping. In its review of any proposed development activity, the
Architectural Committee shall evaluate. among other things, the materials to be used on the
outside of buildings or structures, including exterior colors, location with respect to topography
and'finished grade elevations, and harmony of landscaping with the natural setting and native
trees and other vegetation within Mayfly Bend The Committee shall encourage xeroscape
landscaping which emphasizes the use of indigenous foliage and decreased water consumption.
8. Maintenance Responsibilities for Access Roads and Open Space. Certain access
loadways shall be dedicated to public use but the Association shall be responsible for their
maintenance, repair, snow removal, noxious weed control, revegetation, and general upkeep of
all subdivision roadways.
Page -7-
9. Site Location. In reviewing the proposed location of any structure to be placed or
built on any Lot, the Architectural Committee shall exercise its judgment so as to maximize the
view plane of each Lot while preserving to the greatest extent possible the natural characteristics
of each Lot and all natural vegetation, including trees and bushes and the natural setting of each
building site. The Architectural Committee must approve the location of all structures and
improvements to be located on the Lot.
10. Yard Size and Maintenance. Each Lot Owner will have the option and responsibility
of maintaining of their yards within the portions they designate for yard areas along each
building envelope and within areas of each landscaping envelope. It is encouraged that yard
sizes be designed in keeping with the natural surroundings so as to allow for free movement of
wildlife. The Association will maintain any areas within any lot owners Landscaping Envelope
that is fenced by the Association to allow grazing and keep livestock out of each Owners yard. In
no case shall a landscaped yard area greater than 7,500 square feet be irrigated without adequate
water rights. Fencing. The Architectural Committee must approve the type, height and location
of all fencing prior to installation. The intent of the Colorado Department of Wildlife fencing
recommendations are to enable wildlife to move freely and without injury through the corridors
that are part of their natural habitat, and the Association will take these recommendations into
consideration when approving or disapproving any fencing. Fencing will be consistent with this
intent, recognizing that some fencing is intended to prevent movement of wildlife into some
areas. Lot Owners must also recognize that it is their responsibility to fence out livestock within
the boundaries of their building and landscape envelopes if that is their desire. The Association
will construct f'encing to control livestock for ranching and agricultural purposes in the open
space and NDE areas as defined on the Final Plat. The Colorado Department of Wildlife
recommendations are attached to these covenants as Exhibit D.
I 1. Grazing Areas for Horses and Other Livestock. Horses and other livestock grazing
will be restricted to areas outside riparian and wetland areas. The Association will retain the
right to install and needed fencing throughout the common areas and any non-development
easement to prevent such grazing.
12. Hav Storage. Hay storage will be restricted to the barn area in designated agricultural
outbuildings or within 8'high game proof fencing.
13. Lightine. The Architectural Committee shall consider exterior lighting plans and
will recommend that all exterior lighting (with possible exceptions for safety) be directed
towards each applicant's property and consist solely of down lighting. It will also recommend
that all Lot Owners make every effort possible to limit the use of exterior lighting at night. It
shall encourage Owners to build in a fashion that all light sources not be directly visible from
outside of the Owner's property. The intent behind these considerations is to preserve the rural
character of the Subdivision by limiting exterior lighting as much as possible while maintaining a
safe atmosphere.
14.. Preliminary Approvals. Lot Owners who anticipate constructing irnprovements on
lands within Mayfly Bend may submit preliminary sketches of such improvements to the AC for
informal and preliminary approval or disapproval. All preliminary sketches should be submitted
in at least three (3) sets and should contain sufficient general information on those matters
required to be in the complete architectural and site development plans and specifications to
allow the AC to grant informed preliminary approval or disapproval. The AC shall never be
Page -8-
finally committed or bound by any preliminary or informal approval or disapproval until such
time as complete architectural and site development plans, specif,rcations, materials, and colors
are submitted and approved or disapproved. The preliminary approval is offered as an
accommodation only, and the AC may set fees for this service.
15. Architectural and Site Development Plans; The AC shall disapprove any architectural
and site developrnent plans submitted to it which do not contain sufficient information for it to
exercise the judgment required of it by these Covenants.
16. Architectural Committee Not Liable. The AC shall not be liable for damages to any
person or entity submitting plans for approval, or to any Owner or Owners of land within Mayfly
Bend, by reason of any action, failure to act, approval, disapproval, or failure to approve or
disapprove with regard to such plans. The AC shall have no liability or responsibility for any
representations made to any Owner or prospective owner by third parties. The decisions of the
AC shall be governed by these Covenants and any rules and regulations duly adopted by the AC
pursuant to these Covenants.
17. Written Records. The Architectural Committee shall keep and safeguard for at least
five (5) years complete permanent written records of all approved applications, including one (1)
set of the f,rnal approved architectural and site development plans, and of all actions of approval
or disapproval and all other formal actions taken by it under the provisions of this instrument.
18. Authority to Promuleate Guidelines. Rules. and Requlations. The Architectural
Committee may promulgate and adopt design guidelines, rules, and regulations necessary to
implement these Covenants. These guidelines, rules, and regulations may include submission
requirements concerning the type of information, reports, plans and specifications, and other
information necessary to make an informed decision regarding requests for development,
modifications to buildings, and the like.
ARTICLE VI
PROPERTY USE RESTRICTIONS AND PROTECTIVE COVENANTS
1. No Further Subdivision. No Lot described on the recorded Final Plat of Mayfly Bend
shall ever be further subdivided into srnaller Lots or conveyed or encumbered in less that the full
dimensions as shown on the Final Plat of Mayfly Bend; provided, however, conveyances or
dedications of easements for utilities if approved by the AC may be made for less than all of one
(1) Lot. Notwithstanding the foregoing, a Lot line adjustment between a one Lot and another or
Common Elements in Mayfly Bend shall be deemed a permitted subdivision, subject, however,
to any reviews, approvals or disapproval's that may be required by the Garfield County Land
Use Code and to the prior approval of the AC.
2. Domestic Animals and Livestock. Except as expressly limited herein, domestic
animals shall be permitted within the Subdivision and shall be subject to any rules and
regulations, which may be promulgated by the Board of Directors or Garfield County.
A. Garfield County regulations permit one (1) dog for each residential unit and require
that the dog be confined within the owner's property boundaries. Lot Owner shall be entitled to
keep a maximum of one (1) dog on his property. For the purposes of this Article, the definition
of Dog or Dog(s) shall not include dogs under the age of six (6) months. Dogs shall be kept
Page -9-
under the control of the owner at all times and shall not he permitted to run free or to cause a
nuisance in the Subdivision. No dogs will be allowed to roam free. No dogs are permitted on
sites during construction phase. No dogs shall he allowed beyond the boundaries of the Lot
owned by the persons where the dog is housed unless accompanied by a person in full control of
such dog Dogs shall be leashed, chained, fenced, electric fenced, kenneled, or housed at all
times. Location of kennels shall be subject to review of the Architectural Committee.
B. The Homeowners Association shall have the right to assess and enforce penalties
against Owners violating these restrictions applying to dogs as follows:
One Hundred Dollars ($100.00) for the first violation committed by an Owners dog, and
One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent
violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding
violation. If any dog commits four (4) violations or any dog is caught chasing or molesting deer,
elk, or any domestic animals, the Homeowners Association shall be authorized to prohibit the
properly Owner from continuing to maintain the offending animal on the Owner's property.
C. Areas where an Owner keeps any animals shall be kept reasonably clean and free of
refuse, insects, and waste at all times.
D. Notwithstanding the foregoing, no animal(s) may be kept within a Lot or a dwelling
which, in the good-faith judgment of the Board of Directors, result(s) in any annoyance to
residents in the vicinity or to Lot Owners within Mayfly Bend Except as expressly limited
herein, domestic animals shall be permitted subject to any rules and regulations which may be
promulgated by the Board of Directors. No livestock may be kept on any Lot without written
permission of the Board, unless the Owner has built facilities for that purpose on the Lot. The
restrictions of this section do not apply to the Lot 5 (the Barn Lot), open space parcel or the
NDE portions of lots under control of the Association, as the expressed purpose for these areas
is farming, ranching and care of livestock. Any Owner rnaintaining animals shall insure that
overgrazing of the Lot does not occur as determined by the Board of Directors.
E. Undereround Utility Lines. With respect to the new construction or extension of any
utilities, all water, sewer, gas, electrical, telephone, cable television, and other utility pipes or
lines within the limits of Mayfly Bend shall be buried underground and not be carried on
overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in
Mayfly Bend disturbed by the burying of utility lines.shall be revegetated by and at the expense
of the Owner or Owners causing the installation of the utilities no later than the next growing
season following installation.
F. Mining. Drilling. or Ouarrying. Mining, quarrying, tunneling, excavating, or drilling
for any substance within the earth, including oil, gas minerals, gravel, sand, rock, and earth, shall
not be permitted within the limits of Mayfly Bend.
G. Trees. No Owner shall remove any healthy, living trees without first having obtained
the approval of the Architectural Committee. If possible trees will be topped rather than removed
unless in extreme cases where topping a tree cannot serve as a remedy to be an undesirable sight,
obstacle or obstruction. All construction, landscaping, and development on any Lot shall seek to
minimize the removal of trees and to preserve the natural trees and vegetation to the greatest
extent possible while bearing in mind wildfire considerations.
Page -10-
H. Shiny Materials. No building or improvements shall contain exterior roofs or siding
materials which are reflective or shiny.
L Number and Location of Buildings. No buildings shall be placed, erected, altered, or
perlritted to ,onui.r on any Lots except as approved by the Architectural Committee and
consistent with these Covenants.
J. Completion of Construction. Any construction activity on any Lot in Mayfly Bend
shall be completed, fully cleaned up, and landscaped within eighteen (18) months from the
issuance of a building permit, unless the Lot Owner shall first obtain a variance from the
Architectural Committee to allow for a longer period of construction upon proof of due
diligence. In the event a variance is not secured ancl eighteen (18) months from issttance of a
buiicling permit has passed, the Association may assess penalties in any amount it deems
appropriate.
K. Enclosure of Unsishtly Facilities and Equipment. All unsightly structures facilities,
equipment, ancl other items, including but not lirnited to those specified below, shall be enclosed
*itni1 a solid structure sufficient to screen such things from view from the common roads and
neighboring homes to the greatest extent possible. Any motor home, trailer, boat, tractor,
motorcycle, sllow removal or garden equiprnent, and any sirnilar item shall be kept at all times,
except when in actual use, in an enclosed garage or outbuilding, provided, however, horse
trailers shall 1ot be required to be enclosed. Any refuse or trash containers, utility meters,
propane tanks, fuel storage tanks, or other facilities, service area, or storage piles shall be
enclosed within a structure or appropriately screened from view by planting or fencing approved
by the Architectural Committee and adequate to conceal the same from neighbors, streets, and
private roads. All trash and garbagb containers must be wildlife proof. No lumber, metals, bulk
materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any Lot
except building materials during the course of construction and only for such reasonable periods
of tirne as are necessary prior to the collection or disposal thereof.
L. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or
sounds shall be conducted or transmitted upon any portion of Mayfly Bend at any time nor shall
anything be done or permitted which may be or become a nuisance to other property or to the
Owners thereof by sight or sound.
M. Common Areas and Open Space. All common areas and open space within the
Subdivision shall be restricted to agricultural, recreational, irrigation, and utility uses and shall
no1 be used for residential purposes. The Homeowlers Association shall be responsible for the
maintenance of common areas including the twenty-one (21) acre open space parcel, internal and
access roads and the NDE portions of the Owners Lots and shall require Lot Owners to maintain
their lot in a manner consistent with the nature and character of the Subdivision. Declarant has
had prepared the Vegetation Management Plan for Mayfly Bend Ranch Subdivision which is
attached hereto and made apartof these Covenants as Exhibit F. This Plan is to control noxious
weeds within Mayfly Bend and to provide revegetation plans for the entire subdivision. It shall
be the responsibility of the HOA to implement this policy throughout the subdivision, including
the Barn Lot, Common Open Space Lot and the Owners' Lots.
Page -l 1-
N. Unauthorized Vehicles. No snowmobiles or all-terrain vehicles (ATVs) shall be
operated within the Subdivision. No snowmobiles, boats, RVs, or inoperable motor vehicles shall
be stored within the Subdivision unless stored within a permitted auxiliary building. Horse
trailers shall be permitted as set forth above. These restrictions only apply to areas subject to
Association control and nothing herein shall infringe upon the public nature of the roadways
within Mayfly Bend.
O. Satellite Dishes. Satellite dishes shall be allowed within the Subdivision Location
and size of all satellite dishes shall be subject to Association approval. but in no event shall any
satellite dish exceed three (3) feet in diameter, unless said dish is totally screened from view of
any adjacent or contiguous Lot.
P. Commercial Activities. Except as expressly set forth in the Garfield County Land
Use Code, no commercial activities shall be permitted on any Lot in the Subdivision. The storage
of materials, goods, equipment, and other items used or associated with commercial activities
shall not be permitted on any Lot in Mayfly Bend, provided, however, personal vehicles with a
business name placed thereon shall not be prohibited. Owners shall be permitted to maintain an
office within their residences so long as it does not provide services to the public which result in
the public going to and frorn such residence on a regular basis.
Q. Sewage Disposal Systems. Each individual Lot Owner shall be responsible for the
construction, operation, maintenance, and repair of the individual sewage disposal system (ISDS)
located on the Owner's Lot, and Owner shall be required to maintain such systems in accordance
with all applicable Garfield County regulations. Should the health, safety, or welfare of any
person be affected by the failure of any Owner to properly construct, operate, maintain, or repair
that Lots individual sewage disposal system, the Association shall have the authority to enter
oltto such land for the purposes of maintaining or repairing such system. All costs incurred by
such action shall be borne by the Owner of the system and shall constitute a lien pursuant to
Article VII on the Owner's property until paid in full by the Owner. Attached hereto and made a
part hereof is Exhibit C which is a typical ISDS maintenance procedure prepared by Sopris
Engineering depicting an example of what will be required of a Lot Owner with regard to ISDS
maintenance. This is only illustrative and informative in nature and the actual requirements will
be site specific for eaeh Lot.
R. General Restriction. All Lots in the Subdivision shall comply with restrictions
contained in any other section of these Protective Covenants.
S. Colorado Department of Wildlife Recommendations. Attached hereto and made
a part of this declaration as Exhibit D is a list of recommendations from the Colorado
Department of Wildlife intended to minimize the impact of this development on wildlife. These
eleven (11) recommendations will be referenced and followed by the Association in its decisions
pertaining to matters affecting wildlife, provided there is no conflict with other statutes or
regulations and are reasonable to the context of the instant action of the decision before the
Association.
Page -12-
ARTICLE VII
WATER SUPPLY
1. Ownership and Use of Wells and Appurtenant Facilities. The Mayfly Bend Homeowners
Association will own the water rights, the well permits and any commonly used storage tanks for
the benefit of the owners of all Lots. The individual lot owners shall own the well structure, pump,
rneter and all individual storage tank and pipelines.
2. Operation. Maintenance and Repair Costs. All operation, maintenance, replacement and
repair costs associated with any well, the pump, meter, storage tank and associated facilities for the
withdrawal of water from the wells shall be paid by the Lot owner and the expenses for facilities
that are not shared by all lot owners shall be paid by the Home Owners Association. All lot owners
shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any
facilities used solely by that party, including individual service lines and storage tanks.
3. Use of Water. The owner of lots 1,2, 3, 4 and 5 shall be entitled to use water as is
consistent with the well permit obtained from the DiVision of Water Resources for said lot. All
such uses shall be rnade in accordance with the terms and conditions of the well permit. Each
owner shall be entitled to use so much of the water from the Well as that party needs so long as
diversions from the Well at no time exceeds the maximum allowed by the well permit
4, Waste. No owner shall waste water, and each owner shall exercise prudence and
conservation in the use of water in order to allow for the efficient and beneficial use of the Well.
5. Basalt Water Conservancy District Contract. A Basalt Water Conservancy District
(BWCD) Contract has been obtained and is in full force and effect providing augmentation water
for the wells and the pond. The Homeowners Association shall pay all costs of said contract on
an annual basis and shall abide by the terms and conditions of said contract. The contract shall
be owned by the Homeowners Association. All owners shall be required to pay their pro rata
share regardless of water use. The Basalt Water Conservancy District will prepare and file an
augmentation plan for the wells for the benefit of the Ifomeowners association. Such costs will
be charged to the Homeowners association and the Homeowners association shall pay said costs
to ensure the continued legal viability of the augmentation plan. In the event that the BWCD
decides that it will no longer file said augrnentation plan and that each individual subdivision or
owner shall be responsible to file its own plan the Flomeowners Association shall be responsible
to file said plan of augmentation and obtain a final decree at its own costs.
6. Pond. The Declarant has filed for and obtained a water right for the Mayfly Bend Ranch
Ponds No. I , 2 and 3 and the Slough Ditch and Bannin g Lateral, Mayfly Bend Enlargement in
Case No 00CW119 Water Division No. 5. These water riglits shall be conveyed to the Home
Owners Association by Quit Claim Deed. The I-Iome Owners Association shall be responsible
for the operation, use, maintenance, repair and replacement of the ponds at its sole expense.
7. Irrigation Water Rights. The Declarant obtained by quit claim deed an estimated 2.89
c.f.s. of those certain water rights decreed to the Slough Ditch and Banning Lateral decreed in
Case No 3017, Garfield County, Colorado. All water rights obtained by Declarant to the Slough
Ditch and Banning Lateral with the purchase of the property shall be quit claimed to the Mayfly
Bend Ranch Home Owners Association. The Homeowners Association shall pay all ditch
Page -13-
assessments and shall be responsible to operate, repair and maintain said ditch for the benefit of
itself and the lot owners. The Homeowners Association shall use said irrigation right for the
irrigation of the common open space. The individual lot owners may also use said rights for the
irrigation of their individual lots in an amount as may be designated by the Homeowners
Association on a year to year basis.
ARTICLE VIII
COLLECTION OF ASSESSMENTS - ENFORCEMENT
1. Assessments. All Lot Owners shall be obligated to pay any assessments lawfully
imposed Uy tt " Board of the Association regardless of whether a residential structure has been
constructed. To the extent the Association is responsible therefor, assessments may he lawfully
imposed for any items of common expense which may include, among other things expenses and
costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision
expenses for maintaining, improving, and preserving the Association's common property,
"*p"rrr", of the Architectural Committee, and insurance, accounting, and legal functions of the
Association. Such assessments shall be deemed general assessments and shall he borne pro rata
by all Owners. Assessments for potable and irrigation water and water-related services shall be
assessed separately based upon the allocation of such services by the Homeowners Association
to the Owners. The Board of Directors may establish contingency and reserve funds for the
maintenance and improvement of the Association's comtnon property and any other anticipated
costs and expenses of the Association to be incurred in pursuit of its purpose. Contingency and
reserve funds shall be in such an amount as the Board of Directors may deem necessary and
appropriate for the aforesaid pulposes. Each Owner shall be required to pay his pro rata portion
o?-th.r. funds. As used herein, an Owners pro rata portion of common expenses shall mean a
fraction formed by the number of Lots purchased and held by the Lot Owner (numerator) and the
lumber of Lots in the Subdivision (denominator). The Board of Directors shall have the right
during any calendar year to levy ancl assess against all of the Owners a special assessment for
such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the
Assoiiation, as may be necessary. Such special assessment shall be paid for in equal portions by
the Owners obligated to pay such assessment and shall be due and payable as determined by the
Board.
2. Lien for Non-Payment of Assessments. A11 surns assessed by the Board, including
without limitation the share of common expense assessments chargeable to any Lot Owner, any
f,rnes which rnay be levied on a Lot Owner, and unpaid utility fees and assessments charged to a
Lot Owner shall constitute a lien against such Lot superior (prior) to all other liens and
encumbrances, excepting only:
A. Tax and special assessment liens on the Lots in favor of any governmental assessing
unit.
B. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums
as may be provided by encumbrance.
C. Each Owner hereby agrees that the Association's lien on a Lot for assessments as
hereinabove described shall be superior to the Homestead Exernption provide by
Colorado law and each Owner hereby agrees that the acceptance of the deed or other
Page -14-
instrument of conveyance in regard to any Lot in Mayfly Bend shall signify such
grantee's waiver of the homestead right granted.
D. Any recorded lien for non-payment of the common expenses may be released by
recording a release of lien executed by a member of the Board.
If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such
unpaid sums shall bear interest from and after the due date thereof at the maximum rate of
interest permitted by law, or at such rate as is determined by the Board, and the Board may
impose a late charge on such defaulting Owner as may be established by the Board. In addition,
the Board shall be entitled to collect reasonable attorney's fees incurred in connection with any
demands for payment and/or collection of delinquent assessments. To evidence such lien, the
Board shall prepare a written notice setting forth the amount of such unpaid indebtedness, the
name of the Owner of the Lot, and its legal description. Such a notice shall be signed by one (1)
member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder
of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting
Owners Lot by the Association in like manner as a mortgage on real property, upon the recording
of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs
and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien,
and all reasonable attorneys fees. The Owner shall also be required to pay to the Association any
additional assessments against the Lot during the period of foreclosure, and the Association shall
be entitled to the appointment of a receiver to collect the same. The Board, for the Association,
shall have the power to bid on the Lot at foreclosure sale and acquire and hold,
lease, mortgage, and convey same. The Association, at its election, and in addition to any other
remedies it may have at law or in equity, may also sue an Owner personally to collect any
monies owed the Association.
3. Enforcement Actions. The Association, acting by and through its Executive Board,
shall have the right to prosecute any action to enforce the provisions of all of these Covenants by
injunctive relief, on behalf of itself and all or part of the Owners of the lands within Mayfly
Bend. In addition, each Owner of land within Mayfly Bend including the Association, shall have
the right to prosecute any action for injunctive relief and for damages by reason of any violation
of these Covenants. The prevailing party in any enforcement action shall be entitled to an award
of its reasonable costs and attorney's fees. The Board shall be entitled to assess penalties for late
payment of assessments due the Association and to collect interest thereon at rates to be
determined from time to time by the Board but not to exceed 15 percent per month. After thirty
(30) days, written notice to any Owner of a violation of these Covenants, and the Owners failure
to eliminate or cure said violation, the Association may levy, in addition to the other remedies set
forth herein, a penalty of $25 .00 per day for every day the violation exists or continues after the
expiration of said 30-day period.
4. Limitations on Actions. In the event any construction or alteration or landscaping
work is commenced upon any of the lands in Mayfly Bend in violation of these Covenants and
no action is commenced within one (1) year thereafter to restrain such violation, then injunctive
or equitable relief shall be denied, but an action for damages shall still be available to any party
aggrieved. This one-year limitation shall not apply to injunctive or equitable relief against other
violations of these Covenants.
Page -15-
ARTICLE IX
EASEMENTS
1. Easements Shown on Final Plat. The Association is entitled to use such easements as
are leflected on the Final Plat for the Subdivision. Except by agreement with a property Owner,
the Association shall have no obligation to pay any amount for the use and enjoyment of such
easement. The Association shall pay for the cost of maintaining and repairing any improvements
which it places on any easements.
2. Easements for Access and Repairs. The Association shall be entitled to an easement
across any of the Lots within the Subdivision for the purposes of accessing any of the
Association's property, protecting any Association property, or for necessary repairs or
emergency circumstances. The Association may access all Lots within the Subdivision at
reasonable times to determine compliance with the conditions of approvals of the Subdivision
granted by the Garfield County Commissioners and to determine and enforce compliance with
all of the provisions of these Covenants.
ARTIbLE X
INSURANCE
1. Types of Insurance. The Association shall obtain and keep
following insurance coverage:
D. Coverage against such other
appropriate.
full force and effect the
A. The Board of Directors, at its discretion, may elect to secure fidelity coverage against
the dishonesty of employees, destruction or disappearance of money or securities, and
forgery. This policy shall also cover persons who serve the Association without
compensation.
B. Coverage for members of the Board and officers of the Association, including
committee members, against libel, slander, false arrest, invasion of privacy, errors and
omission, and other forms of liability generally covered in officers and directors liability
policies.
C. General Liability and property insurance.
risks of a similar or dissimilar naturs as the Board deems
ARTICLE XI
GENERAL PROVISIONS
1. Covenants to Run. All of the covenants contained in this instrument shall be a burden
on the title to all of the lands in Mayfly Bend Ranch Subdivision, and the benefits thereof shall
inure to the Owners of the lands in Mayfly Bend Ranch Subdivision and the benefits, and the
burdens of all said covenants shall run with the title to all of the lands in Mayfly Bend Ranch
Subdivision.
Page -16-
)
2. Termination of Covenants. In the event these Covenants have not been sooner
lawfully t".-i*t"d pursuant to any applicable laws of the State of Colorado and Garfield
County, Colorado, and the provisions herein contained, these Covenants may be terminated on
Januaiy 1 of the year ZO39 by a vote of seventy-five percent (7 5%) of the votes entitled to be cast
by the members of the Association. If these Covenants are not so terminated, then they shall
continue to be in full force and effect for successive iwenty-five (25) year periods unless, at the
close of aZ5-year period, the Covenants are terminated by a vote of seventy-five percent (75%)
of the votes entitled to be cast by the members of the Association at a meeting of the members
cluly held. In the vent of any such termination by the members, a properly certified copy of the
resolution of termination shall be placed on record in Garfield County, Colorado, not more than
six (6) months after the meeting at which such a vote is cast.
3. Amendments of Covenants. These Covenants may be amended by a vote of seventy-
five percent (75%) of the votes entitled to be cast by the members of the Association, said vote to
be cast at a meeting of the members duly held, provided a properly certified copy of the
resolution of amendment be placed on record in Garfield County, Colorado no more than six (6)
months after said meeting.
4. Severability. Should any part or parts of these Covenants be declared invalid or
unenforceable by any court of competent jurisdiction, such decision shall not affect the validity
of the remaining covenants.
5. Paraeraph Headines and Underlining. The paragraph headings and underlining within
this instrument are for convenience only and shall not be construed to be a specific part of the
covenants contained herein.
6. Limited Liability. The Association and the Board shall not be liable to any party for
any action or for any failure to act with respect to any matter if the action taken or failure to act
wis in good faith and without malice. The Owners jointly and severally agree to indemnify the
Associaiion and the Board against loss resulting from such action or failure to act if the
Association and the Board acted or failed to act in good faith and without malice.
Page -17-
IN WITNESS WHEREOF, this Declaration of Protective Covenants for Mayfly Bend Ranch
Subdivision has been executed as of the day and year f,rrst written above.
DECLARANT:
George R. Kilby
srATE OF COLORADO)
SS:
COUNTY OF GARFIELD}
Farley S. Kilby
Acknowledged,subscribedandSworntobeforemethis-dayof-,
2001, by George R. Kilby and Farley S. Kilby.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires:
NOTARY PUBLIC
EXHIBITS
Exhibit A - Property description.
Exhibit B - Recording data for subdivision.
Exhibit C -Living with Wildlife brochure.
Exhibit D - 1l DOW recommendations for development impacts for wildlife.
Exhibit E - Sopris Engineering typical ISDS maintenance plan.
Exhibit F - Vegetation Plan for Mayfly Bend Ranch Subdivision.
Page -l 8-
STATEOFCOLORADO
BilotrcnqGovcmc
DEPARTME]TT OF NAruRAL RESOURCES ffiDIVISION OF WILDLIFE
{ Bq.H. OFP'OTIT,||IY EH.SYER
Jotmw. Mumm.Dhffir
ffi)Brorlury
Dontg,Cdorub flZl0
Teedlqle wtET-11Q,ForWldlifc-
For Peofti
Mar€h 27,20{Jl0
Garfield Cormty Plaoning
109 86 Streeq Suite 303
Glenwood Springs, CO 8160I
RE: Maytry Bend Rmch Sketch Plm
DearKir
I hsve reviewed the Mayfly Bend sketch ptm. The mein value ofthis area to wildfift is its riparim md
wetland arer. This habitat type is ortremelyvaluable to a variety ofwildlife speoieq inoludini mrle deer,
coyote, red fox, rEoooo[L w€t€rfow[ raptors, owts, sn{ many small marrmels and songbirds-Ttere is a
:ril.*.I*j population ofnnrle deerthat inhabit that area. Theyuse the rbarian aris along the
'oaring Fork as a movement corridor. Theportions oftheprop€,ltythat have been used r. r-t"y
,eadow have less value for wildlife and would be more preferable as home sites from a wildtft
perryective
Wildlife iryacts should be minimal as long as oerrtain r@omenilatims are followod.l. Wetlsnd and riparian habitats are protected and maintained in a netural'o*u. The naho'l
vegetation ..including the cottonwoods aad willorvg isveryvaluable and Sould be l€ft
lmdistubed as much as possible. If *y ofthe trees pres€nt s dnng€r to s structure, then they
should be topped rather than re,moved corylaely. These snags piovide roosing *a po"tiqg
sites for raptors and other birds.
2. Home sites are set back from riparianAvetland areas 50-tO0 feet to he$ protect these arets
md rninimize distgrbaoOe
3. Sih fencinq be instdled to prw€nt deposition of eroded msteriats along the northern edge oflots I and 3.
4. Bury alt uflities ormake the,mrapor-proofto prwent electrocution ofowtsr raptory md
eagles
5. No dogs allowed on siteby consruction-
6. Limit the number of dogs ufrich homeoruners may hane to 2, with additional regrictions that
dogs mrst say in kennels and not be allowed to roam fies. f,6arning and rmcontrolled dqgs
will have a maior negative impact to wildfife in the area. \ilaterfowl nesing and use oftte--
. &uim afa lvould be disnryterl Additionally, the site's close proximity to olti..l *lnto' range in the Clown would make it
".sy for roaming dogs to harass deerand elk in the area. Iwould reconrmeod that this resriction be made a condition of approvrl
DEPARITMENT OF MTURAL REsot,RcES, \AAdg Br,clfmn, AdhO EccuthpD|r$rWIIX'JFE CONtlMlSSlOf.l. Chud( L6dq Chak . ttlark Le\lelcy. \Aeirnh.-BernarO Aacr(, s-,.t",yCtl^t C3*- r!-r--Brl- t_ la_r_
/\
7.
8.
wildfife proof or resisant trash/gartage conteiners should be ufilized for the homes 1o preydproblems withwldlife.
The plan mentions that homeoumers ufll use feociog to orclude livesock fiom their yards
These yards should b_e_as small as possible to allow move,ment through tte proputy md notinclude areas within 59 fto ofthe rpalan areas Any ferciog should te liinir n1,gU I strmdor less barb or snooth wire with a l2-inc,h kir* ryace t.tor"* the tqr two srand; Any rail-fencing should be the rormd or qph rail t1pe, 48 inches high, 3 raits oitess, wirh at least lginches betrueeo two ofthe rails rtese conditions u/i[ a[ot for the -*ernJ ofwildlift,including deerfiums
9. Pre-vent fI:afug ofhorses and other livestock in and along &adan and wetlnd areas.,0. fl-*fl**::I'-1:r,1.*: l,r.l]. .p F. p:P Thory hrv i, to be srored outside edsdns
lLTs r_:tlf^-d-g or*.,ha- shoula be fenced at tLe orvtretrs' ;re** with eish
*lT*:::rr:lg*r wi[prwent same damage to rhe scack ;a,r" ilrr"iirTanimels across the cormt5l road.
11. AII homeoumers should be priivided brochures 'T-iving with Wildlift., I hsve inchrded copiesforyour convenience
Ifyou hanre any questiong please feel free to give me a callThank you for the opportrmity to conrment.
Sinoerely,4zv/A,Matt Thorpe
Disrict Wildlife Manager
arbondale
I}@,t
MayFly Bend Ranch
Preliminary Plan Application
Appendix J
Radiation Report
Prelared by#ROCK
CREEK
gTUDIO
36 N. Fourth St.
Carbondale, C0
970.963.197i (p)
970.963.1622 (f l
www.otak.com
i
August 4,2000
George Kilby
c/o Ivan Perrin
8088 County Road 117
Glenwood Springs, Colorado 81601
Subject:
Gentlemen:
Hepworth-Pawlak Geotechnical, Inc.
5010 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
hpgeo@hpgeotech.com
Job No. lN 412
Radiation Potential, Proposed Four Lot Subdivision, Mayfly Bend
Ranch, East of Carbondale, Garfield County, Colorado
As requested by Dave Michaelson, we have reviewed our previous work performed for
the project with respect to radiation potential.
The project site is not is a geologic setting the would indicate high concentratious of
radioactive minerals in the natural soils and underlying rock formation. However, there
is a potential that radon gas could be present in the area. It is difficult to assess future
radon gas cotrcentrations in buildings before the buildings are constructed. Testing for
radon gas levels could be done when the residences atrd other occupied stnrctures have
been completed. New buildings are often designed with provisions for ventilation of
lower enclosed areas should post construction testing show utracceptable radon gas
concentration.
If you have any questions of require further assistance, please call our office.
Sincerely,
HEPWORTH -
Jordy Z. Adamson, J
Rev. By: DEH
JZAlksm
Garfield County Building anO*iliiniling - Attn: Jeff Lauren
OTAK Rock Creek Studio - Attn: Dave Michaelson
Sopris Engineering - Attn: Yancy Nichol
Wr:uffi
'9 29707
MayFly Bend Ranch
Preliminary Plan APPlic ati on
AppendixK
DraLruage Report
ROCK
CREEK
I9TUDIO
36 N. Fourth St.
Carbondale, C0 81623
970.963.1971 (p)
970.963.1622 (f )
www.otak.com
Prepared bY
,, l.*:
7126t2000
Dave Michaelson
OTAK-Rock Creek Studio
36 North Forth
Carbondale, CO 8L623
RE: Mayfly Bend Ranch Drainage Study
SE Job No. 20065.01
INTRODUCTION AND PURPOSE
The Mayfly Bend Ranch property is a parcel of approximately 40.6 acres. Lying directly south of the
Roaring fork river. One watershed of approximately 46 acres drains across the property. An additional
drainage basin of approximately the same size drains across the access road to the property.
The purpose of the drainage study is to determine the volume of storm water frorn off site at peak runoff
during a25 year storm. This information is necessary in calculating culvert sizes.
EXISTING DRAINAGE
The existing drainage collects in drainage ditches and irrigation ditches scattered across the property. The
drainage will not be changed except for where it intercepts roadways, at which point it will be diverted.
Three small lakes are proposed for the site. The drainage wiIIrun through these lakes with litfle disruption
to flow.
On site hydraulic conditions:
The drainage from the 40.6 acre site drains generally to the north west at about 1% slope most of this will
be sheet flow that collects in drainage ditches. The location of the onsite drainage will not have to cross
any of the proposed roads on its normal path across the property and so is not accounted for in the volume
calculations for culvert design.
Off site hydraulic conditions:
Two 46 acre off site drainage basins lie to the south east of the Mayfly Bend Ranch. Each is mainly open
space with vegetative cover with a 1,Vo slope to the northwest. One basin drains into an irrigation ditch that
crosses the site. The second drainage basin drains into a drainage ditch that crosses the proposed Mayfly
Drive South of the site but does not flow across the site.
502 Main Street . Suite A3 . Carbondale, C0 81623 . (970) 704-0311 . Fax (970) 704-031 3
$oPRrs tnGrltlrRlnG LlG civil consultants
o
\Y ,* AcE cALCULATToNS
Assume that both drainage basins drain cornpletely sepuute but bave the ssrne arca and same tirne ofconcentration.
Drainage basin size: 4d acres
Time of eoncentration
300 feet sheet flow at 0.5 ft/second 2.5 min
i200 feet collection st 1.0 ff/sccond 20 min
1590. tet in drainage ditch to edge of propcrry ar 2,0 fvsecond
Total time of concentration 33 m]n
Volume Flow
From 25 vear IDF ctwe at 30 minutes inlensity is 2.1 in/hour ( Sce tabte HyDRO)Coefficient for grass land and vegetative cover = 0.40
46 acre drainage basin x 0.40 coeff x 2.1 in/tr = 3g cis volume
Cuivcrt sizingvE.rv.r r.-araE
A 36'ADs-Nl2 culvefl is-proposed to handle the 38 cfs assuming the culvert is 40 feet IIong running ratal% slope. (See Culvert cslculations page l).
Other assumptions:
llfj*.t_t'lverts placecl at low points along the road account only for local drainage and ere size at lg,,mrnunum.
10.8 rnin
Ot/
t/
r***r IIyDRO *****(Version G.O) ****:r
IDF CURVE
IDF Curve for Various Return Periods
rnEensiEtes (in/61
Date 0S-14-99page No 2
Duration 25 Yr 2 yr 5yr 10 Yr 50 Yr 100 Yr5 min
10 min
15 min
30 min
60 mtn
120 min4hth15h24h
4.947
3 .858
3 .101
2.111
L.321
.852
.498
,272
.142
.096
3.167
2.329
1.7471.105 :
.55s
.422
,24',1
.13s
.071
3.905
2,95L
2.288
1.498
.91,0
. s87
.343
.L87
.098
4 .359
3.342
2 .535
L.757
1.083
- 698
.408
.223.tL7
.079
5.3 74
4.239
3 .450
2.381
1.505
.971
.567
.310
.t62
5 .780
4.505
3.799
2.646
1.688
L.0gg
.63 5
.t47
.L82.110
.048 .v.. ,Jru .123
EARBONDALE EOLORADOI*;I:iiv,:Iil3. f;' *i, ;i:r"ffi .tsil.Ii:i"?or
4 .95*
3.71*
'*
2.47 .
*
t.24.
aaa.tola
,
r.rt..ro.
6,00
J
.00
,00 x2.00
rTTIi- \J
tmp#l. txt
Entered Datal Culvert CalcuLator
Shape o..- uumLe, ;;';;;;;i; ' : : : : :
. ' ' . i . r . . .
solving for o... r..,.::'..... . o..
Chart NUmber -- - -'!''r"o"""
scar.e Nurnber : : ::;::::. .. -.. ...,.
Charr Descriprion -
: : : : :
. . . . . . . . , .
EVELED RING ENTNAiTCE """""
Circular
1
Headvratea
I
I
CONCRETE PIPE CUt1IERT; No
. r......... r. .. SQUARE EDGE ENTRAI{CE [.TTH H
Scale Decsrlption
EEDWALI,
Flowrate
aaanningis ;'. : ::, :: :: : " I " " " "Roadway-Elevatio;- ; : :. " . . .... . . .
rnlgt Elevation ^- - -
- "'..r......
outlet Elevatio" -
. . . : , ' . . . - . . . , . .
Dlameter "t"""'.
r.enstrr;.:. :::::::::.:". . .... ...
Entrance Loss .:.::::: ....... ...
Tallhrater . i.r...:::::, " "'...'.
)aaat..a aa.
Computed Results:
Headwater
sroe"-.t:
t t" " .. tr"t t " "t " o'
vericriy' :: ::: :. : : ::: :: . i. i.....,
taOa.aaa..
Messages:
38.6000 cfs0.0130
8,0000 fr0.5000 fr0.1000 fr,36.0000 in40.0000 ft
0. 0000
2.0000 ft
l,l??s fr From ourler0.0100 ft/fL
7 . 61,51 fps
Outlet head > fnlet head.Computing Outlet Control headwater.Outlet not submerged.
iiilli"i"Bllin l'; iiii, i","Normal depth <= critical deptn.Ilo* is super"rrii."i]-- -=o
slnce culvert is eupercritrcal no profile generated.B:**";"::";:gir"i-;;iiiiii'c.p.h ;;;-;;irer heisht.
Page t
ty
t,
MayFly Bend Ranch
Preliminary P lan Appli cation
AppendixL
Sewer Line Extension Report
Prepared by
ROCK
CREEK
9TUDIO
36 N. Fourth St.
Garbondale, C0 8l 623
970.963.1971 (p)
970.963.1622 (f )
www.otak.com
Dave Michaelson
OTAK- Rock Creek Studio
36 North Forth
Carbondale, CO 81623
Re: Mayfly Bend Ranch, Preliminary pran Application-sewage Treatment
SE Job No. 20065.0L
Dear Dave:
Garfield County has requested that we look into the feasibility of connecting into a municipal sewage treatmentfacility' The two available plants in the area are the Carbondale treatment plant and the treatment plant serving theRanch at Roaring Fork.
The Carbondale treatment-plant is approxima tely Z.3miles away from the property. A sewer main to the plantwould have to be placed along the Roaring Fork River basin.
The sewage treatment plant at the Ranch at Roaring Fork is located approximately 24O0feet from the property
across the Roaring Fork River. Providing easements were available and the Ranci at Roaring Fork would'allow aconnection; the infrastructure cost for a sewer line connection is estimated at $350,000. cosiestimate as follows:
Gravity Sewer main to lift station, 800 feet
Lift station for 4lots
Forced main, 1600 feet
River Crossing
Total
$32,000
$54,000
$64,000
$200,000
$350,000
In our opinion neither option above is feasible for this four lot subdivision.
Sincerely,
SOPRIS ENGINEERING
rylrl/,2
Mark A. Butler, P.E.
Project Engineerffi
Principal
Cc: George Kilby, Owner
502 Main Street . Suite A3 . C.rbond Fax (970) 704_fitl
$oPnls tnGlnmnlno 11G civil consultants
MEMORANDUM
TO: BOARDOFCOUNTYCOMMISSIONERS
FROM: KIT LYON' SENIORCURRENT PL-A.NNER
SUBJECT: MAYFLY BEND RANCH (MBR) PRELIMINARY PLAN
DATE: 12/14/01
JIM LARSON, APPIICANTS R.EPRESENTATTyE
The purpose of this memo is to update the Board of County Commissioflers on the status of
the MBR application. Please fiod a copy of theJoly 9,2001, staff report attached. Said staff
report cofltains a detailed discussion of the project history and a list of 21 conditions of
approval. Since the last meeting the applicant has submitted materials in an attemPt to meet
many of these conditions, and has met with staff to discuss the conditions in detail. The
applicant has also submitted his own set of suggested conditions (see page ). As a
result of the new materials submitted, and ditection ftom the Board of County
Commissioneffi at the last meeting to work with the applicant towards resolving the
sugested conditions of approval, staff rnakes the following recommendation:
Staff recommends APPROVAI of the Mayfly Bend Ranch Subdivision Preliminary Plan
with the 14listed conditions below:
AII representations of the applicant made in the application and at the hearings
before the Planning Commission and the Board of County Commissioners shall be
consideted conditions of apptoval, unless approved otherwise by the Board.
The recommendations of Hepwoth-Pawlak Geotechnical shall be followed. Site
specific studies shall be conducted fot individual lot development. On Lot 3, a
qualifred expert shall be consulted for building footprint locatioo, foundation design,
and any scour mitigation that is warranted. The need for site-specific studies shall be
disclosed in the covenants and on the final plat in the form of a plat note'
3. Without exception, all proposed roads shall be built to Garfreld County Subdivision
standards.
Priot to final plat approval, the applicant shall submit documentation in the form of
easements and dedicated public roads, consistent with the Garfield County
Subdivision Regulations and acceptable to the County Attorney, that MBR has
provided appropdate, required, public access from County Road 100 and
appropriate, required, emergency access serving MBR.
All wetland /ipartan ateas shall be surveyed and mapped to enable protection and a
fifty (50) foot setback, consistent with the DOW's recornmendations. Prior to final
1.
2,
5.
I
4.
Garfield Gounty
EqineedngMent :;,:;vE0
lo:
Date:
Project:
Re:
Garfield Gounty Buitding & planning Dept
Aftn. Kit Lyon
Wednesday, August ?A, 2fi1
Mayfly Bend Ranch preliminary ptan Applicaffon
Engineering Departnrent Reviewof the Preliminary Plan application dated g-1+2of,1.
Kit,
lhave reviewed the above mentioned application submittalin accordance with sedion 4:00 of the Garfield countySubdivision Regulations. tn partio.rlar my @mments are in relevant to sedion 4:41 statirg "a//docunentation shall be af sufficient detail and clarity to answer basic irBin*nng que$ani andb permrt evaluation of the appticatbn',.
1. General revievrr comments:
1'1' The application and &awings have been moclifud.per engineering deparbnent commenb and recommendatirns. At ttis time, lhedepartment recommends lhe development be consirlered fir appr:*i,it pr"rfrinary plan level.
lf you have any questions or
"on."ms,
prease do not hesitate to ca[.
Sincerely,
JeffT Nelson
Assistant Cotnty Engineer
Randy Withee, County Engineer
eaanoae--r ^..:._. ^ ^, ll-9,"^]-,9 1^ 6.6A...a^ ^,8.^,,-.4 .^..
Moy Fly Bend Ronch
Sketch Plon Exhibit 2
Gorfield County
Lond Use Designotions
Lsnd Urcffiffiffiffi@
FrffiNffi
Dcrlgnodm
AOildJLrur^r
coMnEcla
FE)fl lL ItlO
uoHrlNOtSrflAL
rurucnotErY
TElffNIIAL
tEsol[cE oflr^cnoN
SUiDM$ON
0 0.25 Miles
-
TIl'-2000 l:2,1000 n
Moy Fly Bend Ronch
Sketch Plon Exhibit 3
Gorfield CountY
Zoning Designotions
,ill.r,,r;i: i. i:
: ..
"
1
ffifii,''1I
$r1,;:1,i'.'.'.,i'; I
'
:r::1.-ll ti-'i'i.1- .1 i
'li-:;:;;'i : :. ii:i..:i.;
r.!.;,.:1,,i:i _: r' .
SITE PLANNING CONSIDERATIONS
The applicant has chosen to develop the property in a manner that is more creative and sensitive
to the site than a traditional subdivision design. A24" x 36" copy of the site plan is included
within the map packet submitted with the application. Rather than simply dividing the property
into ten (10) acre parcels, the proposed site plan calls for four (a) lots ranging in size from 2'81 to
4.10 acres in size, with 21.61 acris in op"n ipu". uses. The applicant has included the smallest
building envelope possible that will allow a iingle-family home and an Accessory Dwelling Unit
on each-sirrgte famity lot. This is in response to the high likelihood that each lot will include one
or two horsis on thasite, and on-site management will be important when the owners are away
from their property. This allows for common use and management of the pasture lands, and also
protects ttre wittanas areas from disturbance. A graphic depicting this approach of open space
protection is shown on Exhibit 5. A Site Plan is included within the full-size map packet
submitted with the application, and a reduction is shown later in the application as Exhibit 12'
The common open area will operate as "open range", and all lot owners will have an undivided
interest in the common op.rr.pu"t and agricultural out-buildings. A common barn for
agricultural use is planned and is located at the southeast corner ofthe tract adjacent to the access
road entrance. With the exception of the necessary road, agricultural out-buildings and utility
extensions, all oonstruction will occur within carefully selected building envelopes. The concept
of the landscape envelope is described in detail below'
ACCESS
There is currently an access easement that provides a "straight line" road alignment to the
property. The applicant has reached agreement with the adjacent property owner to provide a
l.curvilinear" access to the site to avoid removing the existing vegetation on the site. A formal
easement agreement with the adjacent land owner will be recorded prior to the submittal of a
final plat.
LANDSCAPE ENVELOPES
Mayfly Ranch lies within a sensitive environment along the Roaring Fork River and within the
asro.iated riparian. Extreme care was taken to site in the accesses and building envelopes in
manner that minimizes visual and environment. This goal was achieved through conscientious
design that saves the cottonwood trees, avoids wetlands and respects the natural terrain.
The applicant believes it appropriate to extend the level of protection in the form of a landscape
en elope assuring further protection of these natural attributes. Property owners will be
restricted from removing any trees and held to a maximum of 8,000 square feet of manicured
landscape around the building envelope. If the building envelope is not maximized, then the
Maylly Bend Preliminary Plan
Garlield County, C olo rado
ROCK
CREEK
STUDIO
Moy Fly Bend
Sketch Plon Exhibit 5
Open Spoce
t-@L-todopc Embps
ComOpanSgoNote: This is a graphic representation of ttre
open space plan. Forprecise locations of lots
and building envelopes, refer to the Mayfly Bend
Preliminary Plan docurnents.
landscape envelope perimeter shown on the plat is to be reduced accordingly, keeping the
maximum allowable landscape area to 8,000 square feet. The lines that delineate the landscape
envelope were drawn in a manner that maximizes the protection the natural attributes'
Area outside the landscape envelope are to be left in their natural state. Area outside the
landscape envelope that Las been modified for agricultural purposes may be restored to the
natural conditions. Any proposed restoration of the area outside the landscape envelope will
require the assistan"" of u piofessional natural resource restorationist. Using landscaping
envelopes will minim ize tie extent of manicured landscape preserving the majority of the
indigenous character of the setting. Preserving the trees will not only maximize the quality of the
intelor setting of the property, bu1 will also minimize the visual presence of the development
from the exterior. m aaaition, this approach insures that the visible open space on the site is
increased over typical subdivisions that do not utilize these types of restrictions.
WILDLIFE CONSIDERATIONS
No ..Critical Habitat" is located on the site. By digitally overlaying the WRIS database with
Garfield County Geographical Information Data, the applicant has undertaken the level of
analysis required by the Code. This analysis concluded the property does include Mule Deer
Winter Range, and is in close proximity io Elk Winter Range (see Exhibits 6 and 7). Neither of
these designations represent "iritical habitaf'has identified in the Comprehensive Plan' The
applicant intends on Lxceeding the wildlife habitat expectations of the Comprehensive Plan by
uubiairrg development in the 100 y.u. flood plain, and providing passage-ways through the
project f,y the defined open space and prohibiting perimeter fencing of the lots and using the
iuri..up. envelope described earlier. All fencing shall comply with CDOW standards.
SOIL, SEPTIC AND FLOOD PLAIN HAZARDS
The applicant has utilized the hazard mapping incorporated into the Garfield County
Comprehensive Plan of 1995 - Study Area 1 to ensure that the proposed project is sensitive to
known natural hazards on the site. Exhibit 8 depicts the septic system constraints on the site. As
shown on Exhibit 8, the site is constrained by high groundwater associated with its proximity to
the Roaring Fork River. An Aerial Photo and Vegetation Map of the site is shown on Exhibit 9.
The applicLt will comply with the recommendations contained within the Geo-Technical Report
(see appendices) and the engineering report (see appendices) regarding the requirement for
enginiired ISDS systems for all lots. Based on corrments from staff, the applicant has
undertaken an analysis to determine the feasibility to connection with the Ranch at Roaring Fork
central sewer system. No soil hazards were identified within the Comprehensive Plan mapping
for the site, and Exhibit 10 displays the known soil hazards in the general vicinity. Exhibit 11
indicates the Soil Conservation Designations for the site, and the interpretation tables were
submitted with the approved Sketch Plan.
Mayfly Bend Preliminary Plan
GarJield Coung, Colorado
ROCK
CREEK
STUDIO
Moy Fly Bend Ronch
Sketch Plon Exhibit 6
Elk Winler Ronge Hobitoti , r;'i: i
\:i': i
1,1,,,l,i r:.
i. l,r.
:1 .ijir .
., | ,t:.,r!--i,
Moy Fly Bend Ronch
Sketch Plon Exhibit 7
Mule Deer Winter Ronge
0 0.25
-
l' .2(XXl l:2tO0
irli ti I
..' l;:l',,:,i
Moy Fly Bend Ronch
Sketch Plon Exhibit 8
0 0.25 Miles
-
I
l'-2000 l:2,1000 A
,. ., :-.
r 'r' , L';11t.., :., | ,,:.
r:, irtfrii::: i.j,r
j .:.htti'
i I :$[l
Exhibit 9
3.
EEK
Mayfly Bend Ranch
Aerial Photo and Vegetation Mapping
.--" .:. .,;.1:;--'.',;.-1 ":
., - ;j.-: ' .{rg '\.,a
\:. . i:'ir.\
yli rii'
'f.d
a.
..,.
s=E
Flood Ploln Hczord
$Hii'ii
Slopr Hcrord
'ffi} l{oior
,$od.rsL
r,. il : I Moy Fly Bend Ronch
kij*,.-.,,r,i Skeich Plon Exhibit l0
Soil Hozords
ffi' soil Hoord
llli l----* ffi Molor
0 0.25 Miles
SCS SoilTyes
ffi Arrncro
m Rdrob
Moy Fly Bend Ronch'
Sketch plon Exhibit I I
Soil Conservotion Service
Soil Types
0.25 Mi
H -
;- t-, r**, A
MayFly Bend Ranch
Preliminary P lan APPlication
AppendixM
Sketch PlanAgency
Refertalletters
Prepared by#
36 N. Fourth St.
Carbondale, C0 8'l 623
970.963.1s7'l (p)
970.963.1622 (f )
www.otak.com
ROCK
CREEK
STUDIO
Appendix M
Agency Referral Letters
The sheets following include agency letters received in response to the Sketch Plan as well as those
included in the l1l08i00 Staff Report on the project.
RECHVEDOcTIoZOOU
MOUNT SOPRIS SOIL CONSERVATION DISTRICT
PO BOX 1302
GLENWOOD SPRTNGS, CO 81601
97-945-5494 EXT. 101
October 72,2000
Garfi eld County Planning Departrnent
109 Sth Street, Suite 303
Glenwood SPrings, CO 81602
Dear Sir:
At the regular monthly meeting of the Mount Sopris Soil Conservation District, the Board reviewed
the appli-ation and plan for the Mayfly Bend subdivision.
Control of noxious weeds on all disturbed sites in the Mount Sopris Soil Conservation District is a
rrigh priority in our arurual and long-range plans. The best way to control weeds and reduce soil
LiIrii" is to keep the areas of expoied soil to a minimum at all times and to seed the area to
ol*uur" vegetaiive species. vegetation establishment should be required by the County to insure
"orrt
ol of alf noxious weeds and conhol erosion. Seeding recommendations are available from
Natural Resources Conservation Service or the County Extension staff for specific sites'
With increased concerns about Water Quality, the District is concerned about improper application
of fertilizers and pesticides. Chemicalsihouid be applied by properly licensed and bonded
"ppii".,"*
to insure safe and proper use of pesticides. All chemical label directions should be
followed. The landowners should be aware of the possibility that the chemicals will soak into the
soils and enter gtound water as well as run off into surface waters'
Mount Sopris SCD recommends that Mayfly Bend subdivision installs a.raw water distribution for
lawns and open spaces at the time of devetopment. Raw water distribution will provide untreated
irrigation water to reduce funu.e costs of treated water to consumers.
SincerelY,
Don Smitlu President
Mount Sopris Soil Conserrration District
Memo
To: Kit LYons - Planning dePartment
From:Tom Russell
Date: 9f22lOO
Re: May Fly Subdivision ReviewCR 100
I have revierned the May Fly Bend Ranch and have the folloMng
recommendation:
1. Appticant must apply for driveway permit at the time ue will require'
. 18, culvert - minimum
. Paved entrance to R.O.W line.
. Trafiic control signage (Stop sign).
. Grade to driveway will be revieued.
. Any newfences must be installed on R.O.W line'
lf you have any questions or concems, feel free to contaci me.
-s..
FFrarrfuqP
26a@
. Page 1
Garfield Gounhl Road
& Bridge
REOS\ffi
ru
FIRE.EMS.RESCUE
October 14,2000
Kit Lyon
Garfield CountY Planner
109 Eighth Stre€q Suite 303
Glenwood SPrings, CO 81601
RE: Maylty Bend Ranch, Preliminary Plan
Dear Kifi
Bill Gavette
Deputy Chief
REgE1VED09T i8ztrs
I have reviewed the preliminary plan application for P: p-tgpod It'qya{ B;nd Subdivision
The proposed u""o, to the su6ivitioo ilas been rnodified fiom the sk6ch plan but is not
sig,nificart. I have commented pr.rio*ty a*ing.sketch plan review on water zupplies and
ilpu"t fees. I have no further cornments at this tim€'
Please contact me if you bave any questions'
carbondale & Rural Fire Protection District
300 Meadowood Drive . Carbondale, CO 81623 ' 970/963-2491 Fax 963-0569
REDS\
ffi,M%\
ru
{e
K
FIRE.EMS'RESCUE
March 27,20OO
Kit Lyon
Garfield CormtY Planner
109 Eighth Streeq Suite 303
Glenwood SPrings, CO 81601
RE: MaYftY Bend Ranch, Sketch Plan
Dear Kit:
I have reviewed the sketch pran for the proposed Mayfly Bend suMivision I would offer the
following comments:
Access , tnn ----fl-" p.posed access to the lots offcounty Road 100 appears to be adequate for emergency
vehicles. The access road and driveways-should be "orr"troa"d
in accordance with county road
standards.
ffi for fire protection wguld initially be limited to water carrie.d on responding fire
;;;;.d.- eaaitionat water would have to be supplied by tanker shuttle'
Impact Fees
The development is subject to impact fees adopted bl the District' The developer will be
;"d; a" enter into an agreement with the pistrict for the payment of development impact fees'
1fr; p"y"rrnt i, due prior-to the recording of the final plat. Fees are based upon the per lot
i-r"i 'fee adoped by the District at the time the agreement is executed'
Please contact me if you have any questions'
AYfigW
Bill Gavstte
DeputY Chief
R,ECEIVEDI'IAR2g2OT
- -- . .cTbe*"r: * *s* Tr:. 3:::::*lPi:tr*nEJao T.,,
RECETVEDOCT l0ZOm
STATEOF COLOTUDO
I E OT THE STATE ENGINEER
[-)r'..roo of Water Resources
D"p"rt."nt of Natural Resources
1313 Sherman Street, Room 818
Denver. Colorado 80203
Phone: (303) 866-3581
FAX: (303) 866'3s89
http //water.state'co' uVdefau lt'htm
Kit Lvon, Senior Planner
Cuff"rO'cornty Building and Planning
Bill Owens
CrOvemOr
Greg E. Walcher
Executive Director
Hal D. Simpson, P.E.
State Entin€er
has been
1Og 8th St Ste 303
Cf"tt*ooO SPrings CO 81601
Mayfly Bend Ranch Subdivision Prelimjnarv Plan
NE%sE%Sec. 35 a"riwy.sw-'ASec'36' T7S' R88W' 6u'P'M'
W. Division 5, W. District 38
Dear Ms. LYon:S. LYUI l.
we have reviewed the.additional informat'roy:-sgl:s-9?':"${"j:[H?Hl:?ffi:H::B?:'J"";We have revleweo rne aqurrrur ra
u="r"n, a 3.03 acre par@l for a bam, storage area
aO.Or-acre parcer into four residential-l"lt^9fl-::tlg.??5^c anrr nasture. n*fiJro-n ["ii"tTng'iiio.,.,.."tion *
::f:ff[,,::'ffiil.lJ:[:;:ii":iiiiiil:r'"?'"*?,Tfi::'X'3":il1lnil$Pi"T#1153'*l"J*?iffi#"'
;f,:;:S'f4""'X#%Lf,:ffi'.T':?$xn*1*k::*l$"#L*t*:';:ltUl[f*;t*,Xiil:EJilll:::*g:i1"":::gH'.[:"fr;::f ii't:::::*"i"'::?.:'li;*,fl:'9".:],W:[J*;SJ:lHB*,'#iiIesidence- affi.H-T:3Ju?Jl!;lil1,i;!";,?ll,lili,ll*i".T?T*flTPi:ll;y;*:,Tfi]*?3,'5flg1", ,[,il3i;il333'ff1"].*,i:rrfiHffiF*l;;*-""1X?:ili::g:JilTJ::'ltl,",:,'ffll3J::i
i." J*I,il:ill#.ffiili:r:li{i:q?iffi"^".,:,,:I!:[il::i".,"':m:;::a'J'.Nr;::Hs"-r",xlll'l;,t*"''"the emproyee rrvrr,, #;;;;;rrilon .i., i ponO *lth 3 surface area of 0.5 acres
replacementwaterl. ---.,-..^.^ i.riaara rho hirrfieras and "raiii", a"water ri
October 2,2000
andditches
p-rovic1g1 this use.
materials. Sewage
Well permilnos. 5436iz'F ano c'+roo-r wvr= rD-usv
;,1" ;i;#;es. H6wever,lye have not received a
contracts *it[1n" oitttltt' rI: y1 ry'T'S:'l?:,1?i [: r*"no." wells. lf these documents "r" noiffi*notlf these documents are
iinugust 22,2001,lSL 11, awv t, rl lv I'Ytr
Arthc,ush a ietter rePori<iateci-':1"^11'illP*'"S l;*?#:11:H::[1,5]?,]ffii."il'
concrudes
ffiI ffi i:rr, i":li l!' ,T :'f; Bffi ilo","op?T,ltiT'fl'JEil"iE[.'Ei!:illi**ffi nllnl*,',:Wilgi:*T#':l::''*l"l_:lTff*"li"ffi"ir*;ff:e'll',ffi;[i:H"#;ffi;";ith;;*werr permits rorthe deveropment'
Inat lr uti Pruvvvv s'-- ' 1- ^^^r:^^ e^ ,q-.r"A(1\Ih\(l\ that the orooosed wiriffi uropinion,?y:yilll"^t^","1"T1l;i:*:t(l,)l:),('},.tffio becllorl ov-.u-rsv\rr\1'l\'r''l'-' -"- lI- .J ir-: : 1-11'
. and is inadeqlgle. lf you or the applicant nas any
rr?r-tnis office for assistance.
questions matter, Plea5e Craig
SincerelY,
lhr'7+<
Kenneth W. Knox
Assistant State Engineer
l0Vl(CMUMaYflY Bend Ranch ii'doc
Orlvn Bell, Division Engineer
;lJ'dffi;iti, wit"t dommissioner, District 38
was
3799 HIGHWAY 82 . PO. DRAWER 2150
GTENWOOD SPRINGS, COLORADO 81602
(970) 945-5491 . FAX (970) 945_4081
January I 9, 2000
Mr. lvan Perrin
8088 County Road I I 7
Glenwood Springs, Colorado 8.l601
RE: George Kilby Property/*i:*ffirnanelr 1$vFLr Eet)> PA-+e/+
Dear lvan:
The above mentioned development is within the certificated service area of Holy Cross Energy.
Holy Cross Energy has existing power facilities located on or near the above mentioned project.
These existing facilities have adequate capacity to provide electric power to the development,
subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations,
and new extensions necessary to deliver adequate power to and within the development will be
undertaken by Holy Cross Energy upon compietion'of appropriate contractual agreements.
Please advise when you wish to proceed with the development of the electric system for this
project.
*,m}ffffi"ti:".*'
n .:',".' i , -U "i r".l
lo
Sincerely,
Staking Engineer
HOLY
Jeffrey A.
STATEOFCOLORADO
Efl Otvens,Crovcrna
DEPARTMEI{T OF
'{AruRAL
RESOURCES ffiDIVISION OF WILDLIFE
{{ BOI'A OPFOiTI,.IITY EiE-'ER
&trnw. Mumrna, Dirdor
6@Btctluuy
Dqns,Coloodo E(Z!G
Td+fpnq (WyE7-11Q ForWldlife-
For Peopb
March 27,2OO0
Garfield Cormty Planning
lO9 86 Streeq Suite 303
Glenwood Sptiogs, CO 81601
RE: Mayfly Bend Rsnch Skac,h Plm
Dear lfit:
I have reviewed the Mayfly Bend sketch plan. The mrin value ofthis area to wilallife is its riparirn and
wetland area. This habitat tJpe is extremelyvaluable to a variety ofwrldlife speoieq inoluding mule deer,
coyote, red fox, racooom, waterfow! raptors, ouilg and many small msrtrmrls and songbirds. Ihere is a
small resident population ofmule deer that inhabit that area. They use the rbarian areas along the
loaring Fork as I movement corridor. The portions ofthe property that have beeir used as a hay
.readow have less value for wildlife and would be more preferable as home sites fiom a wil.rlife
perryective.
Wilallife iryacts should be minimal as long as oertain reoomrnendations are followod.
l. Wetland and.riparian habitats are protected and mnintained in a natural stste. The natgral
vegaation,.including the cottonwoods and wrillows, is very valuable and should be left
unalisturbed as much as possible. If any ofthe trees pres€nt a danger to a strucfirE then they
should be topped rather than re,moved conryletely. These snags provide roosting and perchiqg
sites for rapors and other birds.
2, Home sites are set baok fiom riparianAuetland areas 5G'I00 feet to he$ protect these areas
md minimize distgrbanoe
3. Sift fencing be installed to prevent deposition of eroded materials along the northem edge of
lots I and 3.
4. Bury all utilities or meke them raptor-proofto prweril electrocution of owlq raptorg and
eagles
5. No ilogs allowed on sile by consnrction
6. Limit the number of ilogs u/hic} homeonnrers rmy have to 2, with additional regrictions that
dogs rnrst $ay in ke'rnels and not be allowed to roam fiee. Roaming and rmcontrolled dqgs
will have a major negative iryact to wildlife in the area. Waterfowl nesing and use ofthe
. riparian area would be ilisnrpterl Additionally, the site's close proximity to critical wint€r' range in the Cronm would mnke it easy for roeming dogs to harass deer and elk in the area. I
would reconrme,nd that this resriction be made a oondition of approval
DEPARTMEI{T OF NATURAT RESOURCES, \ rade &rchanan, Actrq EeihpDirscbr
wLDLIFE coM* * *, gy$jg! .ef[f[,;.rfl31."gs! . Bernard E dq squy
/)-v
Thank you for the oppornmiry to comment.
Sincerely,ruffi,
Matt Thorpe
Disrict Wildlife Manager
arbondale
7. Wildlife proof or resistant trash/garbage containers should be utilized for the homes to prwelil
problems rvft h wildlife.
8. The plan mentions that homeouarers wr'll use fencing to exclude livestock from their yants
These yards should be as snall as possible to allow move,ment through the property and not
include areas withh 50 feet ofthe riparian arees. Any fencing Sould & 42inch trign, 4 srmd
or less barb or mooth wire with a l2-inch kick space betwe€n the top two *rands. Any rail
fencing should be the rormd or qplit rail t5pe, 48 inches high, 3 rails or less, with at least 18
inches between two ofthe rails. These oonditions will allow for tle move,ment ofwildlife,
inctuding deerfeums.
9. Prev€nt gra"ing ofhorses and other livestock in and along rbadan and wetland areas.
10. Although ttrere has not bee,n a problem in the past, ifhorse hay is to be stored outside exising
buildings in a freestanding stack, then it should be fenced at the oume,rs' eryqrse with eigh
foot high game proof fencing. This willprwe,nt game damage to the staok and the luring of
animals across the cormty road-
f l. AII homeoumers should be priivided brochures'T-iving with Wilaltf€." I hsve included copies
foryour convenienoe
Ifyou have any questionq please feel fiee to give me a cdl
If-,@,t
IC .S P. DALESSA}.IDRI
.f ofGarficlilConty
GARFIELD COT.INTT SHERITPS DEPT.
P.O. Bor 249 . Glcnwood Spring, CO 81602
(e70) 94s-04s3
Far (970) 945-765I
'mEcEIvEo'IlAfi1gry
Date: March 7,2A00
To: Builrting and Planning;x;;;./k
Re: Mayfly Bend Ranch Sketch Plan
The Sheriffs Office has reviewed the attached sketch plan for the Mayfly Bend Ranch and would
like to address the following concerns. l) The need to ensure all access roads are of sufficient
width to accommodate fire and EMS equipment. 2) Any roads that are a dead end or cul-de-sac
type should have a ending radius large enough to accommodate fire or EMS equipment's turn'
arlund ratio. 3) AII roads and roadways shall be clearly marked w'ith correct County road
numbers ancl names. 4) All street addresses be clearly marked and visible from the County road
or access roads.
+\k @,,
IEVE ANTHONY
JEAET^,/oTI ITANAAE,EjNr
l.
October 23,20N
ffield CountY Plenning
109 8tt Ste€t, Suite 303
Glenwood Springs, CO 81601
RE: tvlayfly Bend heliminrY Plan
DearKit
Thanks for the opporttmity to review the Mayfly Bend Preliminary Plan. My comments are similar to my
me,mo of Mar& 15,2000 on the Sketch Plm.
2.
3.
Ask tre applicant to conduct a noxious weed survey for the weeds listed qr Garfield County's Noxious
WJiiri f*closed). The Vegetatiur Map (Exhibit 9) does not qrglde this informatim- Plantsto
be on tre lookout for in this area are Canada tristle and plumeless thistle.
Request that tre applicant submit a wriuen Weed Management Plan providing fm tre managerneat of
any listed weeds located on fte property.
The covenants state that the'Tlomeowners Association strall be responsible for the maintenmce of
ior.* areas and strall require lot Ovmers to maintain their lot in a manner consistent wift fte
nature and draract€r of the Subdivision'. I would like to see specific language in the.cove,nants trd
.*pfr*i"* to leldo\rm€rs that it is their responsibility, according to lhe Coloado Noxious Wed Act
-d 6," Garfield Cormty Weed Managem*i ptar,, to manage any noxious weeds that re on treir
il.p.r,y. I would also liketo see language that specifically designates weed manag€m€nt
iffiJiUifities m all common areas, including roadsides, open space areas, and utility easements.
ln Article v of the cove,nantg section 58, the Ar&itectural committee encourageslmdscapi$ in
t rr.-y with fte natural r"ttirrg, utilizing native trees and vegetatim, and xeriscapin& Will ttis
p"ffr* in effect for cornmon-area distnrbancest The applicant strould submit a detail€4 written
fr.r"lAuti* Plan that ad&esses the successful establishment of vegetatim in all disnnbed sites m the
common areas. The Revegetatiur PIan strould include:
4.
Plant material list (common and scientific name)
Planting schedule
M€thods and techniques
Provisiurs for watering and fertilizatim lsl2
P. O. Box tl12 . Rifle, Golorado 81650 . Telephone (970) 625-3969
Garfield County
Cell: (970) 618{587 Fax (970) 625-3917
Please feel free to contact me ifyou have any questions'
For additional informatim on revegetation strategies, please refer to Section 4.06 (aradred) of the G'arEeld
County Noxious Weed Manage'ment Plan '
StweAnthoY
Garfi ef d Courity Vegetation Manage'ment Directu
lv
Sincerely, ,ffi
GARFIELD COI.INTYNOXOUS WEED LIST
Commmname
Leaff spurge
Russian knapweed
Yellow starfiistle
Plumeless ftistle
Houndstongue
Cmmon burdock
Scotch thistle
Canada thistle
Spotted knaPweed
DifriseknaPweed
Dalmatim toadflot
Yellowtoadflo<
Hoary cress
Saltcedr
Saltcedr
Oxeye DaisY
Jointd Goatgrass
Chicory
Muskhistle
Puple loos€strife
Russian olive
Scientific name
Euphorbia esula
Acroptilonrcpens
Centatrea soktitalis
Cwduts rcantbides
Cyoglossuttt ofrcirule
Arctiun mitrus
Onopordwr acathiwt
Cirsiun arnense
Centatrea maculosa
Centatreadifisa
LinriadalmaXa
Lirwiavulgcis
Cordqia&aba
Tamoixpuviflora
Tamsb ramosissima
C hry s antle mum lerc atu leum
Aegilops cylin&ica
Cichorium intYbus
Cuduus mtans
Lythrum salicoria
Elreagnus angustifulia
o
Garlield County Revegetation Guidelines
From the
Garfield County Noxious Weed Management Plan
4.06 Revegetation andRehabilitation:
A crucial part of any weed management plan is the reintroduction of site appropriate
vegetation
Establishing a desirable plant corrmunity after noxious weeds have been removed from a
highly infested area requires timely cultivation and reseeding. Since the seeds from
no-xious weeds may lay dormant for many years, removing all visible signs of the noxious
weeds does not ensure against their return. Revegetation can help prevent the
germination of weed seeds. It is important to inspect the land regularly to identiff and
Leat small, new infestations. For proper reclamation, managed irrigation of dry areas,
fertilizatiorU and reseedlng are essential to establish desirable plant communities.
Native plants are most appropriate when the goal is restoration (trying to restore native
habitat)r Weed-free seeds of native Colorado grasses, wildflowers or plant species
appropriate to the site may be purchased but the best source for seeds is from native
sp"cies that grow in the immediate vicinity of the infestation. They wil be best adapted
to nca conditions and will help maintain local integrrty and genetic viability. Usrng
native plants or seeds to reclaim diSurbed land reduces degradation of native ecosystems,
reduces the need for herbicides and conserves water resources. Native plants will provide
a broad biological diversity and help keep Colorado looking like Colorado with a unique
regional landscape that sets us apart fiom other areas ofthe country.
When the goal is reclamation (reseedrng for quick ground cover establishment or erosion
control), it may be appropriate to use introduced, non-aggressive grasses and forbs.
Contact the Natural Resources Conservation Service or Colorado State University
Cooperative Extension for seeding recommendations. Tlte Native Plant Revegetation
Gui|efor Colorado,published by the Colorado State Parks Natural Areas Prograrn, is an
excellint guide for native plant reseeding. Contact the Garfield County Vegetation
Management office for further information on this material-
STRATEGIES:
o Stud/ all vegetation in the area and surrounding areas.
o Preserve plant species native to Colorado.
o Test the soil for pH balance. Try to retain and utilize as much on-site topsoil as
possible.
o Select a predominant species that is appropriate to the site.
complimentary species to provide a balanced plant community.
o Choose plants that are healthn vigorous and pest free.
Then choose a few
o Use weed-fiee seeds. Use non-hybrid seeds. Avoid commercial seedpackets
containing exotic Plant sPecies.
Vtt
o
O
Choose plants that are horticulturally appropriate, i.9. Plant species that are adaptable
to climaie, soil and topographical conditions ofthe designated area
Consider the use of water, its availability and the vegetative requirements'
To landscape for wildlife, choose native plants that provide cover' forage, bnowse,
seeds for birds and rodents, and shade.
Be site-specific; revegetation strategies may vary for small lots, farms, ranches or
constnrction sites.
Establish a vegetative cover that is diverse, effective and long lasting, capable of self-
regeneration
Stabilize tbe strfrce.
t12
'CE;VED()CT302000
STATE OF COLOMDO
COTORADO GEOTOGICAT SURVEY
Division of Minerals and GeologY
Department of Natural Resources
1313 Sherman Street, ROom 715
Denver, Colorado 80203
Phone: (303) 855-251 t
FAX: (303) 866'2461
m
DEPARTMENT OF
NAII.JRAL
RESOIJRCES
GA-01-0002 Bill Or,nens
Gowmor
October 23,2000
Ms. Kit Lyon
Garfield iounty Departrnent Building and Plarming
109 8t Steet, Suite 303
Glenwood Springs, CO 81601
RE: Mayfly Bend Ranch Subdivision Geologic Hazard Review
Dear Ms. Lyon,
Thank you for the land use application referral. At your request and in accordance to
Senate Bill 35 (1972)this office has reviewed the materials submitted and conducted a site
inspection on October 9, 2000. The materials submitted include aPreliminary Plan and
fretminary Plan Application. The application includes a preliminary geotechnical report
and engineering report on engineered ISDS. Please consider our observations and
recommendations in your review of this land use application.
The site is on the floor of the Roaring Fork River Valley, immediately adjacent to the
river. The site is flat with several irrigation channels and ponds. The site is underlain by
river terrace deposits of gravel and cobble that has been deposited overbedrock of the Eagle
Valley Evaporiie. This formation contains evaporitic minerals that, in the presence of fresh
water, dissolve. As mentioned in the geotech'rcport, betirock dissolution can result in the
formation of sinktroles. We generally concur with the risk assessme,lrt made. We are not
aware of any sinkholes in the area of this development.
We have read the geotechnical and engineering reports in the application and
generally concur with their content. The potential impacts we see to this developme,lrt wi! be
iery strattow ground water, very rapid percolation rates in the gravel alluvium, and potential
nooa stage scour. None of these conditions would preclude the development as intended.
Engineered mounded septic systems will need to be designed for the residences at this
deielopment because ofthe fast percolation rates, the high ground wate,r, and proximity to
the river. The proposed building envelope for lot 3 extends onto a point of high ground that
defines the 100-year flood plain. Its banks may be susceptible to scour duri4g flood stage
peak flows. We-would recommend that a hydraulics or hydrological engineer be consulted
Greg E. Walcher
Executi\re Direclor
Michael 8. Long
Division Diector
Vicki Corrrart
State GeoloS,irt
ard Direcor
Ao
for the final building fooprint location of lot 3 and design of riprap or other scour mitigation
if it ia warrantcd.
provided site specific investigations and foundation designs are conducted and our
,oncerns above arc addrcssed, this office has no other concerns with the development as
plannod. Ifyou have any questions please contactthis office at(303) 866-3551.
Sincercly,
DlfUtUtA^, / t' t/t
Jonathan L. White
at
*:r .
:rl:::::, I
i r,ii'jiii: ,i l
;: : '
i:r:::1..
i,
Amendments to APPlication
Submitted at P & ZHearing 11/8/00
The documents in this section were submitted for the record at the public hearing on
November 8. 2000 and are included herein for ease of reference by the Board of County
Commissioners on July 9, 2001.
George R. Kilby
505 Sandy Lane
Anniston, Alabam a 36207
November 8, 2000
Ms. Kit Lyon
Garfield County Building and Planning Department
109 Sth Street, Suite 303
Glenwood Springs, CO 81601
Re: Mayfly Bend Ranch - Preliminary Plan Application
Dear Kit,
Regarding the issue of density as raised in your letter of 7/20/00 and with reference to my
letter of 9/10/00 on the matter, we wish to amend the subject application to eliminate the
request for approval of the 4 Auxiliary Dwelling Units.
We would also like to respond to the conclusions expressed in your letter of 7120100
regarding the "barn lot". Our intention is to create a parcel upon which construction will
be restricted to agricultural structures and facilities for maintenance of the subdivision.
We have characterized this as a "common use barn" and include in our application a
request for approval of employee living quarters therein. In retrospect, we can
understand *hy you have iharacterized this as a 5th single family lot, but be assured that
we do not intend that use. This parcel and the facilities thereon will be dedicated to the
use of the subdivision Homeowner Association.
You have also questioned our use of the term "equine condominiums". We certainly did
not intend to complicate the approval process as you have suggested in your current staff
report and will remove such reference from our covenants. I have had recent discussions
with you as to various means of accomplishing our intended objectives for this parcel and
I assure you that we will amend our plan to the satisfaction of the Staff, Commission and
Board.
Since our phone conversation of 10127100, we have taken steps to remedy some of the
deficiencies that you brought to my attention and submit herewith:
1. Ms. Caloia has delivered the Zancanella Associates letter of 916100 with pertinent
well information, and we are aware of Craig Lis' letter of l1/7100 revising his
findings on our proposed water supply for the subdivision. The well permit No.
99585 that he refers to is not within the proposed subdivision, but is on the
adjacent parcel the we have owned since 1996. (Parcel #3 Day Subdivision)
There has been no well drilled pursuant to this permit. I also attach excerpts from
our deed that gives us title to 2.89 CFS of irrigation water from the Slough Ditch,
Banning Lateral.
We retained the services of Beach Environmental, LLC to identiff wetland and
noxious weeds on the subject property, and I attach the report of his findings
dated 1116l}0. We will una..iuti further mapping if you deem this to be
necessary.
Pursuant to the matter of access easement, we attach an unexecuted copy of
,,Road Easement Relocation Agreement" which we will seek to execute and
record promptly. We only obtained this draft from our lawyer today'
with respect to our proposed use of ISDS for the subdivision, it is my
understanding from our recent conversation that this matter will likely be resolved
by reducing t[e density of our project. We recogntzetheconstraints of this
location and commit to pursue a high level of excellence in an Engineered ISD
System.
We acknowledge that youl culrent staff report identifies additional changes to covenant
language, lot se-tbacks'and other plan detaiis that must be accomplished prior to approval
of our Preliminary Plan and we commit to make them in a timely manner' We would like
to receive a conditional approval at this hearing, but if the commission cannot grant such'
we request a continuance until the regular scheduled meeting in January 2001'
Thanks for your attention,
2.
aJ.
4.
George R. Kilby
Attachments
Gerbaz owned % interest in the Slough Ditch. Gerbaz deeded 235% of his % interest in
Slough Ditch to Kilbys.
23.5% of % interest is 5.875%
The records of the District Engineer of State of Colorado Water Division No. 5 reflect
that the Slough Ditch is Ditch No. 139 having a priority #274A for 6.58 CFS as of May
31, 1884 and priority #309 for 42.68 CFS as of May 31, 1884
6.s8 CFS + 42.68 CFS :49.26 CFS
5.87 5% of 49.26 CFS : 2.89 CFS
Name of Ditch: Slough
Name of Lateral: Banning
rr
Re:
Beach Environmental, LLC
November 6, 2000
George Kilby
505 Sandy Lane
Annistion, A136207
Wetland Iderrtification
7l 5 W. Main
Suite 3O4
Aspen,COSl6ll
Tel (97O) 925-3475
fu 925-4754
Dear Mr. Kilby:
Beach Environmental, LLC was retained to identify wetland areas associated
with the proposed development of the George Kilby property in Garfield cgurty'
Colorado. On November 2,2000, the staff-of BeactrEnvironmental visited the site
to perform all field work necessary to determine the existence and locations of
wetlands and noxious weeds upon the Kilby property'
The wetland field research included a visual inspection of each building
envelope and the entire length of the proposed roads to examine soils' hydrology' and
vegetation. This investigation revealed onty on" area of concern' The western edge
of the Lot 4 building envelope as proposed Lxtends into a jurisdictional wetland area'
Hydrophytic vegetafion including-sedges and bulrush are dominant and numerous
soil borings were taken, identifying hydric soils indicative of a wetland' This
building envelope should be moved back 30 feet from the wetland boundary to avoid
potential impacts to the wetlands. Beach Environmental staff flagged the boundary
in the field with green flags for identification. Any dredge or fill impact to this
wetland area would requiie permitting through the Army Corps of Engineers'
one other large wetland area was identified on the property' This wetland is
located directly nortliof Lot's 1 and 3 and represents highly functional wetland
habitat. Although it appears that the building envelopes are located south of this
area, it should be noted that all construction should be kept to the south of the ditch
along the Northern edge of the Lots to avoid all impacts to these wetland afeas'
Limiting all construction activities to mowed or grazed areas of the pastures on both
lots will accomplish this.
During the noxious weed survey, we did not note any extensive outbreaks of
weeds. We did find limited, small communities of Russian Olive' Canada Thistle'
and Plumeless Thistle. Due to the aggressive nature of these weeds' we recommend
that they be removed.
We have included a map identifying wetland areas for the Kilby property.
Due to the poor quality of the originai map provided for us, this map is not as clear as
we hoped. Please call with any questions or concerns you may have.
Sincerely,
0273t.01
cc: file
w/ attachments
ach, Principal
Jorine K. Lawyer, MESM
r fff $'i i$tNlt'Ei.P
z={srnRFi
ZTUn$f
Bh
Ir-tr .p
c\
r^) E-
DI-R N)
o