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HomeMy WebLinkAbout1.0 Application• SKETCH/PRELIMINARY PLAN APPLI C'A TION FOR THE SILT HEIGHTS SUBDIVISION GARFIELD COUNTY, COLORADO HCE JOB NUMBER: 2000023.02 October 14, 2005 Revised March 26, 2006 • Prepared for: Silt Heights Subdivision c/o Terri Patrick P.Q. Box 561 Rifle, CO 81650 (970) 625-2534 Prepared by: High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 • TABLE OF CONTENTS SILT HEIGHTS SUBDIVISION PRELIMINARY PLAN SUBDIVISION APPLICATION FORM Certificate of Authority Preliminary Plan Requirements (Cross Reference) Subdivision Process PRELIMINARY PLAN MAP (Section 4:50 of Subdivision Regulations) The Preliminary Plan Map and associated drawings as listed below are attached under separate cover. TAB # A TAB # B Preliminary Plan List. Of Drawings (Insert drawing table of contents) PROTECTIVE COVENANTS TAB # C • IMPACT FEES STATEMENT TAB # D LEGALS & PUBLIC NOTICE INFORMATION TAB # E Title Commitment Warranty Deed Adjacent Property Owners GEOLOGIC AND SOILS REPORTS TAB # F Preliminary Geotechnical Study - HP Geotechnical RADIATION HAZARD REPORT — HP Geotechnical TAB # G WELL PERMITS - Zancanella & Associates TAB # H WETLANDS DELINEATION REPORT — Beach Environmental TAB # I WILDLIFE REPORT — Beattie Natural Resources Consulting, Inc. TAB #J WATER SUPPLY PLAN - Zancanella & Associates TAB # K DRAINAGE REPORT — High Country Engineering, Inc. • SCS Map SCS Soil Type Descriptions SCS Soil Evaluation Tables ENGINEERS REPORT -- High Country Engineering Shallow Utilities Water Service Sewage Treatment ISDS Management Plan Traffic Report Silt Water Conservancy District Letter Rifle Fire Protection District Letter West Divide Water Conservancy District Attorney Letter • • TAB # L TAB#M TAB#N • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.945.3470 www.garfield-county.com Subdivision Application Form GENERAL INFORMATION (To be completed by the applicant.) Y Subdivision Name: Silt Heights Subdivision > Type of Subdivision (check one of the following types): Sketch Plan X Preliminary Plan _X Final Plat > Name of Property Owner (Applicant): Silt Heights Subdivision • Address: P.O. Box 561 Telephone: 970-625-2534 City: Rifle State: CO Zip Code: 81650 FAX: c Name of Owner's Representative, if any (Attorney, Planner, etc): High Country Engineering, Inc. Address: 1517 Blake Avenue Telephone: 970-945-8676 > City: Glenwood Springs State: CO Zip Code: 81601 FAX: 970-945-2555 • Name of Engineer: High Country Engineering, Inc. r Address: 1517 Blake Ave. Telephone: 970-945-8676 > City: Glenwood Springs State: CO Zip Code: 81601 FAX: 970-945-2555 'r' Name of Surveyor: High Country Engineering, Inc. • Address: 1517 Blake Ave. Telephone: 970-945-8676 • City: Glenwood Springs State: CO Zip Code: 81601 FAX: 970-945-2555 ✓ Name of Planner: High Country Engineering, Inc. • Address: 1517 Blake Ave. Telephone: 970-945-8676 City: Glenwood Springs State: CO Zip Code: 81601 FAX: 970-945-2555 ✓ Property Current Land Use Designation: Location of Property: Section 27, 28, 34 Township 5SOUTH Range 92WEST Practical Location / Address of Property: County Road 259 • ➢ Current Size of Property to be Subdivided (in acres): 36.435 Acres • Number of Tracts / Lots Created within the Proposed Subdivision: 4 lots o Property's Current Zone District: A / R / RD a Comprehensive Plan Map Designation: Outlying Residential Proposed Utility Service: ➢ Proposed Water Source: Individual Wells ➢ Proposed Method of Sewage Disposal: Individual Sewage Disposal Systems (ISDS) ➢ Proposed Public Access VIA: County Road 259 ➢ Easements: Utility: Qwest, Excel Ditch: Farmers Irrigation Total Development Area (fill in the appropriate boxes below): ➢ Total Development Area (fill in the appropriate boxes below): (1) Residential Units 1 Lots Size (Acres) . Parking Provided :e Single -Family 8 units & 4 lots 5+ 4 per lot Duplex Multi -Family Mobile Home Tot- 8 units & 4 Tots 5+ 4 per lot Floor Area (sq. ft. Size (Acres) (2) Commercial (3) Industrial (4) Public 1 Quasi -Public (5) Open Space /Common Are: 0 0 0 0 Parking Provided 0 0 0 0 0 0 Tot 0 0 Base Fee: Bice ch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on • March 16, 2004 1 Terri. Patrick agree to allow High Country Engineering to submit an application on my behalf for the Silt Heights Subdivision. V\ Lk( Terri Patrick 1175 County Road 259 Rifle, Colorado 81650 (970) 625-2534 • • GARFIELD COUNTY PRELIMINARY PLAN REQUIRMENTS • SILT HEIGHTS SUBDIVISION The following outlines each element of the subdivision regulations and notes generally where this information can be found in the application. REGULATION REFERENCE SECTION NO. DESCRIPTION LOCATION 4.50 PRELIMINARY PLAN MAP 4:50 A Name of Subdivision SHEET # 1-6 4.50 B Date etc. SHEET # 1-6 4.50 C Boundary & Legal SHEET # 2 4.50 D Names of Owner, Eng. Etc SHEET # 1 4.50 E Vicinity Map SHEET # 1 & 2 4.50 F Adjacent Properties SHEET # 2 4.50 G Lot Areas SHEET # 2 4.50 H Easements SHEET # 2 4.50 I Setbacks SHEET # 2 4.50 J Land Use Summary SHEET # 2 4.50 K Existing Conditions SHEET # 3 4.50 L Common Open Space N/A 0 4.50 M Public Land Dedication N/A No school site or public lands to be dedicated. School impact fees will be paid per county regulations. 4.50 N Street Grades SHEET # 4 4.50 0 Existing Easements SHEET # 2 4.60 ADDITIONAL INFORMATION 4.60 A Terms of Dedications Tab C - COVENANTS 4.60 B Phasing N/A Final platting and construction will be done as one phase. 4.60 C Evidence of Access SHEET # 2 4.60 D Off-street Parking N/A No non single family residential uses proposed. 4.60 E Soil & Topographic Hazards Tab F - HP GEOTECH 4.60 F Radiation Hazard Tab G - HP GEOTECH 4.60 G Title Commitment/Deed Tab E - TITLE POLICY 4.60 H Sectional Subdivision N/A 4.70 SUPPLEMENTAL INFORMATION 4.70 A Geology Tab F - HP GEOTECH 4.70 B Soils Tab F - HP GEOTECH & SCS MAP & TABLES Tab L - HCE STUDY • 4.70 C Vegetation Tab I - BEACH ENVIR. 4.70 D 4.80 4.80 A 4.80 B 4.80 C 4.80 D 4.90 4.91 4.91 A 4.91 B 4.91 C 4.91 D 4.91 E 4.92 4.92 A 4.92 B 4.92 C 4.92 D 4.92 E • 4.93 • Wildlife Tab J - BEATTIE REPORT DRAINAGE PLAN Existing Water Courses Tributary Areas Tributary Flows Design of Drainage Facilities UTILITY PLAN Water Supply Rights, Quality & Quantity Central Supply Existing System Individual Supply Augmentation Plan Sanitary Sewer Public Sewer Central Treatment Existing District Individual Sewage Disp. ISDS Management Plan UTILITY & ROAD PLANS 4.94 OFF-SITE ROAD IMPACT FEE SHEET # 3 Tab L -HCE STUDY Tab L - HCE STUDY SHEET # 3 Tab K - ZANCANELLA N/A NIA Tab K - ZANCANELLA Tab K - ZANCANELLA NA NA NA Tab M - HCE REPORT Tab M - HCE REPORT SHEET # 4 & 5 TAB D — HCE REPORT • • • I. THE SUBDIVISION PROCESS In order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order: t) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and 3) Final Plat Review Process. This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: http:lfwww.garfield-county.comlbuildinq and olanninglindex.htm A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity to propose a subdivision in a 'sketch" format to the Planning Department and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identify any issues that would need to be addressed if the proposed subdivision were to be pursued. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Sketch Plan review process as the first step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more Tots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Sketch Plan Review an Applicant is responsible for reviewing Section 3:00 of the Subdivision Regulations and providing enough information to the Planning Department in the application to conduct a thorough review and provide the resulting comments to the Planning Commission for their review and comments. Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the specific information required to be submitted to the Planning Department in order to satisfy the application requirements in addition to the information requested on this application form. 4, Process f Public Meeting The Sketch Plan review process is considered a 1 -step process because the application is reviewed only by the Planning Commission at a public meeting. In order to appear before the Planning Commission, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 15 working days to review the application to determine if ail the required submittal information has been submitted as required. if Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete? It is at this paint Staff will also indicate when the application has been scheduled to be reviewed before the Planning Commission and will request the applicant supply additional copies to provide the Commission for their review. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant. At the date and time set for the public meeting before the Planning Commission, Staff will present the findings in the Memorandum and the applicant will be required to present the proposed subdivision and respond to comments and questions provided by the Planning Commission. The comments provided to the Applicant by the Planning Department and the Planning Commission as a result of the Sketch Plan Process will be kept on file in the Planning Department for 1 -year from the meeting date before the Planning Commission. If an Applicant does not submit a Preliminary Plan application to the Planning Department within the 1 -year timeframe, the Sketch Plan file will be closed and the Applicant will need to reapply for a Sketch Plan review prior to a Preliminary Plan review. 40 B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review process is to conduct a thorough review of the many aspects that are associated with dividing land in Garfield County for the purposes of residential, commercial, and industrial development. This is the most intensive review step where the Building and Planning Staff, the Planning Commission, and the Board of County Commissioners (BOCC) will conduct a thorough review of all the issues associated with the proposed subdivision against the County's regulatory requirements. Ultimately, the purpose of this process is to identify all the major issues in the proposed subdivision by using the County's Zoning Resolution, Subdivision Regulations, Comprehensive Plan of 2000, as well as other state and local referral agencies that will provide comments on any issues raised in their review. This is the process that will either approve or deny the application request. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. • 3. Application / Submittal Requirements In order to apply for a Preliminary Plan Review, an Applicant must have already completed the Sketch Plan review process addressed in Section 3:00 of the Subdivision Regulations. An applicant requesting Preliminary Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Design and Improvement Standards in Section 9:00 of the Subdivision Regulations. In addition to the substantive submittal information related to the proposed subdivision project itself, an applicant is required to complete all the public notice requirements so that legal public hearings can be held before the Planning Commission and the BOCC which is addressed in Sections 4:20 — 4:31 of the Subdivision Regulations. 4. Process / Public Hearings The Preliminary Plan review process is considered a 2 -step process because the application is ultimately reviewed by two County decision-making entities during public hearings: the Planning Commission who makes a recommendation to the BOCC. in order to obtain dates for the public hearings before the Planning Commission and the BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 30 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be reviewed before the Planning Commission / BOCC. Additionally, Staff will provide the applicant with the notice forms to be mailed, published, and posted. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. if the application has not been deemed technically complete within this time, the application will be terminated, Once the application has been deemed technically complete and a date has been established as to when the Planning Commission / BOCC will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission / BOCC containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant prior to the public hearings. As mentioned above, Staff makes a recommendation to the Planning Commission and the BOCC regarding the issues raised in the analysis of the proposed subdivision. The Applicant will first propose the subdivision to the Planning Commission who is responsible for making a recommendation of approval, approval with conditions, or denial to the BOCC. Next, the application will be reviewed by the BOCC during a regular public hearing. The BOCC will consider the recommendations from the Planning Staff and the Planning Commission, the information presented by the applicant, and the public. As a result, the BOCC is the final decision-making entity regarding the proposed subdivision and will either approve, approve with conditions, or deny the application. If the BOCC approves the subdivision application at the public hearing, the approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. (See the specific information provided in Section 4:34 of the Subdivision Regulations.) Following the hearing, Staff will provide a resolution signed by the BOCC which memorializes the action taken by the Board with any / all conditions which will be recorded in the Clerk and Recorder's Office. Once an applicant has Preliminary Plan approval, they are required to complete the third and final step in the County's Subdivision Process: Final Plat Review. C) Final Plat Review (Section 5:00 of the Subdivision Regulations) 1. Purpose The purpose of the Final Plat review process is to provide the applicant with a mechanism to prove to the County that all the conditions of approval required during the Preliminary Plan review process have been met / addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will sign the Final Plat and have it recorded memorializing the subdivision approval granted by the BOCC. This is the last step in the County's subdivision process. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Plan review process addressed in Section 4:00 of the Subdivision Regulations. An applicant requesting Final Plat review will be required to submit this application form, all the required submittal information contained in Section 5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review process is considered a 1 -step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC for their signature if the application satisfies all the required submittal information to the satisfaction of the Building and Planning Department. • • If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCC for signature. (This is not a public hearing or meeting and therefore does no' require public notice.) If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application / Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions of approval. During this review, Staff will forward the Final Plat the County Surveyor for review and a signature. In the event there are additional questions or clarification issues to be addressed, the County Surveyor will generally contact the applicant to have the plat adjusted as necessary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Department and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $1 0 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.garfield-county.comfbuildinq and planninqfindex.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Pian Review, and Final Plat Review. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner) Date Last Revised: 11121/2002 PRELIMINARY PLAN SET - SHEET INDEX: SHEET 1: SHEET 2: SHEET 3: SHEET 4: SHEET 5: SHEET 6: Cover Sheet Preliminary Plat Grading, Drainage and Erosion Control Plan County Road 259 Plan and Profile Master Utility Plan Detail Sheet • PRO TECTI VE COVENANTS • Wdlc:E 'LZ'AEN awl' paA1aaa8 REVISED DRAFT March 27. 2006 GRANT OF EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SILT HEIGHTS SUBDIVISION AND ESTABLISHMENT OF SILT HEIGHTS SUBDIVISION HOMEOWNER'S ASSOCIATION AN UNINCORPORATED NONPROFIT ASSOCIATION This Grant of Easements and Declaration of Covenants, Conditions and Restrictions for Silt Heights Subdivision and Establishment of Silt Heights Subdivision Homeowner's Association, an Unincorporated Nonprofit Association (hereafter the "Declaration") is made this day of 20, by Terri Patrick (hereafter referred to as the "Declarant"). RECITALS WHEREAS, Declarant is the owner of that certain real property known as Lots 1-4 inclusive, Silt Heights Subdivision, as described on a plat thereof recorded as reception number in the office of the Garfield County Clerk and Recorder, together with all water and water rights, ditches and ditch rights, wells and well rights, well permits, easements and rights-of-way appurtenant to or used upon or in connection with said above described Lots, and all other appurtenances thereto, and certain other common facilities; and WHEREAS, Declarant hereby creates an unincorporated nonprofit association pursuant to the Colorado Uniform Unincorporated Non Profit Association Act, Colorado Revised Statutes 7-30- 101 et sm., known as the Silt Heights Subdivision Homeowner's Association (hereafter the "Association") for purposes of owning, maintaining and administering the common facilities as hereafter described and defined, the Members of which Association shall be the owners of the aforesaid individual Lots and which Association shall also administer and enforce the covenants, conditions and restrictions herein set forth and collect and disburse the assessments and charges hereinafter provided; and WHEREAS, Declarant desires to dedicate, grant and create certain easements to the Association for purposes of serving the Lots with appurtenant access and utilities necessary to the use of the Lots for their intended purpose; and WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the overall operation of the Lots and Common Facilities as hereafter defined, and to establish a method for the administration, maintenance, preservation, control, use, and enjoyment of the Lots and Common Facilities as hereafter defined, as well as provide for the enforcement of the restrictions, covenants and conditions hereinafter set forth. 1 Z d b18 '°N H1M UNNV8 113M4103 Wali:E 9002 L *"11 • • ldlg:E 'LZ'aeh areal pOAR Sad GRANT OF EASEMENTS AND DECLARATION NOW THEREFORE, Declarant hereby declares that all of the Lots described above, individual or collective, shall be held, transferred, sold, conveyed and occupied benefitted by and subject to the easements and properties which are hereby dedicated, granted and transferred to the Association and subject to the following covenants, conditions and restrictions which are established for the purpose of protecting the value and desirability of such real property and which shall ran with title to the Lots and be binding on all owners or other parties having any right, title or interest therein. ARTICLE I DEFINITIONS 1. Annual Budget. "Annual Budget" shall mean the calendar year estimates of the Association expenses and expenditures upon which the Annual Assessment shall be based, which budget shall be prepared by the Association Manager and adopted by Owner Action at the Annual Meeting. 2, Annual Meeting. "Annual Meeting" shall mean the meeting of all Members of the Association to occur once a year for the primary purposes of approving the Annual Budget and selecting the Association Manager, but at which meeting any other business matters of the Association may be raised and addressed. 3. Annual. Special Assessments "Assessments" shall mean all assessments, Annual and Special, for Common Expenses of the Association, and all installments thereof, with interest thereon and costs of collections, including reasonable attorney's fees, all as more particularly defined and provided in Article VI below. 4. Association. "Association" means the Silt Heights Subdivision Homeowner's Association, a Colorado unincorporated nonprofit association whose Members shall be the respective Owners of the Lots. 5. Common Expenses. "Common Expenses" shall mean the expenses incurred by the Association under the provisions of this Declaration and which are payable by the Lot Owners upon Annual and Special Assessment. 6. Association Manager. "Association Manager" shall mean a person who shall be a Lot Owner and Member of the Association, and who shall be responsible for preparing the Annual Budget, collecting Annual and. Special Assessments and other revenues, disbursing funds for Common Expenses, calling special meetings and otherwise managing the administrative affairs of the Association. The Association Manager shall be the Declarant at all times during which Declarant 2 € d i[8/'91 H1M 3l1Ntq 11A01OD Old :E 90E 'LZ- '' lN • Nig £ 'CZ'' awij PeA!aaad shall continue to own any of the Lots. 7. Common Facilities. "Common Facilities" shall mean all real property or interests in real property, improvements thereto, and personal property now or hereafter owned by the Association through dedication, grant, conveyance, or assignment by the Declarant to the Association or acquired by the Association through Owners Action for the common use and enjoyment of Lot Owners, and more particularly described in Article IV below. There are expressly excluded from the Common Facilities, any domestic water service lines, irrigation ditch laterals or pipelines and utility services designed to serve, benefit and be appurtenant to a single Lot. Any such excluded facilities, property and structures shall be controlled, operated and maintained by the Owners of the Lot served thereby as appurtenant thereto at such Owner's expense. 8. Declaration. "Declaration" shall mean the covenants, conditions, restrictions, grants and dedications of easements and all other terms or provisions set forth in this document as the same is recorded in the records of Garfield County, Colorado, and as the same may be amended from time to time in accordance with the provisions hereof, with such amendments being likewise recorded. 9. Lot/Lots. "Lot" or "Lots" shall mean each of Lots 1-4 according to the Plat. 10. Lot Owner or Owner. "Lot Owner" or "Owner" means the person, persons, entity or entities who or which together shall comprise the record owner of fee simple title to a Lot. 11. Member. "Member" shall mean a person or entity which, by virtue of their status as • a Lot Owner, is deemed to enjoy the membership privileges and responsibilities in the Association. • 12. Owners Action. "Owners Action" shall mean a written statement of action to be taken by the Association which statement shall be executed by no less than the Owners of three (3) Lots or their respective authorized representatives. 13. Rules and Realations. "Rules and Regulations" shall mean the rules, regulations, guidelines, policies, authorizations and standards as may be adopted and approved by Owners Action as provided in this Declaration governing the use of the Lots and the use, operation, maintenance, and administration of the Common Facilities. ARTICLE fl PROPERTY RIGHTS AND USE OF PROPERTY 1. Lots. All Lots shall be used only for the construction, use and occupancy of and as single --family dwellings and customary accessory uses, including, without limitation, an accessory dwelling unit, if permitted by applicable zoning. 2. Common Facilities. Subject to the limitations set forth in this Declaration and any Rules and Regulations adopted by the Association pursuant to the provisions of this Declaration, 3 t d fi1E '°N H1M 837IN'd8 111Mfl103 1Nd8Z :8 90E l , �W 'LZ" MI au11 pania3e each and every Lot Owner, shall have the right to the use, enjoyment and benefit of the Common Facilities. 3. Appurtenance of Interests. Any legal or beneficial interests in the Common Facilities which inure to a Lot Owner by virtue of such ownership are appurtenant to the Lot owned, with or without specific reference to such appurtenance in any deed which may convey the Lot. For purposes of general ad valorem property assessment and taxation, said interest in such Comrnon Facilities shall be considered a part of the Lot and taxes upon the Common Facilities shall be assessed against each Lot and paid in equal proportions by the Owner of each Lot. 4. Governance of Lots and Common Facilities. Subject to rights, interests and authority expressly reserved to the Declarant herein, all of the authority regarding the operation, maintenance, repair, administration and control of the Common Facilities shall be vested in the Association and the Lot Owners through their right to participate by Owner Action in governance of all Common Facilities as said rights are more fully described in this Declaration. 5. Waiver of Right to Partition. Each Lot Owner irrevocably waives his right to partition of the Common Facilities. 6. Enforcement_ The Association, by Owners Action, or the Declarant or any Lot Owner, shall have the right to enforce the covenants, conditions and restrictions contained in this Declaration by any legal or equitable means necessary and available including actions for damages and injunctive relief. In the event of any such action, the Association, Declarant or Lot Owner or Owners, if they prevail in said action, shall be entitled to receive reasonable attorney's fees and costs from the Lot Owner or Owners found to be in violation of this Declaration. ARTICLE III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 1. The owner of record of fee simple title to each Lot shall be a Member of the Association. For purposes of this Declaration, if a Lot is owned by more than one person, all of the persons owning an interest in fee simple title to the Lot shall, in the aggregate, be the Lot Owner thereof and such multiple persons comprising the Lot Owner shall, among themselves, designate one of their number to participate in, and represent the others, in any Association affairs or Owners Action as herein described. For purposes of participation in Owner Actions and any other voting matters in the Association, a Member owning more than one Lot shall be entitled to one vote for each Lot owned. 2. Except as otherwise herein provided with respect to rights and interests reserved to the Declarant, the ownership, operation, management, maintenance and repairs of the Common Facilities and all Association actions taken with respect thereto, shall be undertaken and performed pursuant to Owners Action. The Association shall have the exclusive power and authority to manage any affairs regarding the Common Facilities, and such power and authority shall include, without 4 S d 17L8/ '°N H1M MNV8 113M 143 MEZ : £ 9002 LZ MI Wdl 'LZ'aeI eunj peA!a3ad limitation whatsoever, the following authority: a. To own, purchase, lease, install, operate, maintain, repair and replace all or any part of the Common Facilities; b. To adopt such Rules and Regulations as are necessary and appropriate for governing the use and benefits of the Common Facilities; c. To establish and oversee the Annual Budget, for purposes of paying anticipated and contingent expenses related to the Common Facilities; d. To make, determine and collect Annual and Special Assessments for the purpose of paying all Common Expenses. Said Annual Assessments to be determined in accordance with the establishment of the Annual Budgets and as the same are necessary as Special Assessments for extraordinary or unforeseen expenses related to said Common Facilities and which were not included in or provided for under the Annual Budget or which under the provisions hereof are expenses assessed against less than all Lots. All Annual and Special Assessments shall be made on a ratable basis among the Lot Owners, with a fractional share of the total assessment to be paid by the Owner of each Lot, except as otherwise provided herein; e. Subject to the provisions of Article I, paragraph 6, to elect at the Annual Meeting by Owners Action, an Association Manager to act, during the upcoming year, on behalf of the Association and in such capacity to exercise all powers of the Association set forth in said Article I, paragraph 6 as well as any ethers delegated to him by such Owners Action; f. To enforce, by Owners Action, the provisions of this Declaration and any Rules and Regulations adopted by the Association as provided herein, either through Owners Action or by delegation of such enforcement authority to the Association Manager. g. To establish a date certain for the Annual Meeting for the ensuing year and to establish Special Meetings as appropriate and necessary. Written notice of the date, time and place of all Annual and Special Meetings, shall be given to each Member by mailing such notice to each Member at least 20 days prior to the date of such Annual or Special Meeting at the address of each respective Member as the same shall be maintained in the records of the Association. h. To receive and use for the joint and common benefit of all Lot Owners any revenues received by the Association from whatever sources and determination of the specific uses of such funds. i. To take any other action necessary or appropriate to carry out the purposes herein. expressed and to properly maintain the Common Facilities for the use and benefit of the Lot Owners. 5 ER 'eN H1M OINV8 INdEE: E 9002 'LZ '�pW Y!d!8 L aeN� auni peAiaaad ARTICLE IV COMMON FACILITIES - DECLARANT'S RIGHT TO JOINT USE The Common Facilities which shall be owned by the Association include, but are not limited to, all designated roads and road easements dedicated, created and granted hereunder and improvements thereto, utility and main ditch easements, all water rights, and drainage easements created and granted hereunder or transferred to the Association, which serve or benefit the Lots. The Association shall maintain and keep in good repair the Common Facilities (and any personal property and improvements associated therewith) and any other improvements to or upon the Common Facilities. Such maintenance shall be funded through the Annual and Special Assessments as provided herein, and revenues received from any other sources, and shall include, but not be limited to, maintenance, repair, and replacement of all other structures and improvements situated upon the Common Facilities all to the end that the safety, appearance and quality of the Common Facilities shall permanently endure. ARTICLE V INSURANCE AND CASUALTY LOSSES 1. Insurance. If deemed necessary, the Association Manager shall have the authority to obtain insurance for all insurable components of the Common Facilities against loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief. This insurance shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. The Association Manager may also obtain an adequate public liability policy insuring the Association, the Association Manager and its individual Members for all damage or injury caused by the negligence of the Association or any of its Members, the Association Manager or other agents of the Association. 2. Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Association Manager may, without the necessity of any Owners Action, levy a Special Assessment to cover the amount of deficiency. If the funds available from insurance exceed the cost of repair, such excess shall be retained to the benefit of the Association. ARTICLE VI ASSESSMENTS 1. Annual and Special Assessments. All Annual and Special Assessments, together with interest at the legal or statutory rate, costs, and reasonable attorneys' fees, if any, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Annual or Special Assessment and the aforesaid related costs and expenses, is made. Each such Annual or Special Assessment, together with interest, costs and reasonable attorneys' fees, if any, shall also be the personal obligation of the person who was the Owner of a 6 L d bL 8 '°N 111M MN'd8 1131 a1oD INdE : E 9002 •Ll ."IN • Vic •Lz•.reloi awil peA!ana particular Lot at the time the Assessment was made. All such Annual and Special Assessments shall be due and payable within thirty (30) days following the date upon which the Association Manager shall have mailed notice of such Annual or Special Assessment to the Lot Owner obligated to pay the assessment at the address of said Lot Owner as maintained in the Association records. 2. Liens and Foreclosure of Liens. All Annual and Special Assessments shall constitute a lien on each Lot, respectively, prior and superior to all other liens, except (i) all ad valorem taxes, bonds, assessments, and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any first mortgage of record (meaning any recorded mortgage or deed of trust with first priority over other mortgages or deeds of trust) made in good faith and for value. Suit to recover a money judgment for unpaid Assessments, interest and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. Any lien created pursuant to the provisions of this Article VI may be foreclosed under the laws of the State of Colorado in the same manner as a mortgage. 3. Computation of Annual Budget and Annual Assessment. It shall be the duty of the Association Manager at least thirty (30) days prior to the Annual Meeting at which the budget shall be presented to the Association's membership, to prepare a budget covering the estimated costs, and appropriate reserve fund amounts for operating the Association during the coming year. The Association Manager shall cause a copy of the budget, and the estimated amount of the Annual Assessments deriving therefrom and to be levied ratably as herein provided against each Lot for the following year to be delivered to each Lot Owner with notice of the meeting. Such budgeting process shall take into account any revenues received or anticipated by the Association from sources other than Assessments. ARTICLE VII ADDITIONAL RESTRICTIONS ON USE AND BUILDING In addition to any other restrictions contained herein, all Lots shall be subject to the following covenants and restrictions on use and building restrictions, to wit: 1. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within his Lot, which will obstruct or interfere with the rights of other Lot Owners or their property, including generation of unreasonable noises or otherwise, nor will any Lot Owner commit. or permit any nuisance or commit to suffer any illegal act to be committed on his Lot. Each Lot Owner shall comply with the Association Rules and Regulations, the requirements of all health authorities and other governmental authorities having jurisdiction over the Lots and Common Facilities. 2. Irrigation System. All Lots must be served by a functional underground irrigation system that is approved by the Association Manager. The system must be designed by an approved 7 'a[8 '°N H1M f3)9NVO 113M01O3 WdEZ, 9002 'L' '' v • • Wdl 'LZ.J ew!l peAioaad residential irrigation system designer. The list of approved design firms can be obtained from the Association Manager. The irrigation system must be controlled by an automatic irrigation controller. The irrigation system must be maintained in operating order so as to be operable whenever needed to the end that all grass and other landscaping shall be appropriately maintained. All irrigation systems shall be operated using the irrigation water as provided in Article VIII hereof and shall be subject to the conditions therein set forth. 3. Underground Utility Services. All service lines for utilities extending from the utility main lines to the individual Lots, shall be installed and maintained underground. 4. Solid -fuel Fireplaces. No open hearth solid -fuel fireplaces will be allowed in any new dwelling anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 5. Exterior Lighting. All exterior lightning will be the minimum amount necessary and all exterior Lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 6. Restrictions/Conditions Imposed By County. The use of all Lots shall be in strict accordance with the conditions of approval and Plat restrictions contained in the County Resolution approving the Silt Heights Subdivision. All Lot Owners shall use and occupy their respective Lots in conformity to all governmental regulations applicable thereto. 7. Sewer Disposal Systems. All sewage shall be disposed of by means of an engineered individual sewage disposal system designed by a registered professional engineer licensed to practice within the State of Colorado. The designs shall be submitted with the individual building permit application for each Lot. The cost of the design shall be borne by the individual Lot Owner. All design flows for individual sewage disposal systems shall be engineered to accommodate Reverse Osmosis treatment systems. Each Lot Owner shall be responsible for the construction, operation and management of their individual sewage disposal system. The owner of each Lot shall perform on the individual sewage disposal system serving the Lot such routine maintenance and repair as is sufficient to allow the system to perform in good working order, including, but not limited to, pumping the tank as needed. The standards of performance for the septic system cleaner are, at a minimum: a. The Systems Cleaner shall be licensed. b. The Systems Cleaner, when cleaning a septic tank, shall remove the liquid, sludge, and scum, leaving no more that three (3) inches depth of sewage in a septic tank. c. The Systems Cleaner shall maintain his equipment so as to ensure that no 8 ti18Z '°N N1M MNV9 113MQ103 WdII : E 9OQ 'LZ "A 'LZ'a W a1!1 paniaaaa spillage of sewage will occur during transportation, and that its employees are not subject to undue health hazards. d. The Systems Cleaner shall dispose of the collected sewage only at a designated site recognized by the Board of Health. Your septic system is designed to handle human waste, toilet paper and water from plumbing fixtures such as toilets, baths, and sinks. Household cleaners, detergents and bleach will not damage your system if used in moderation. However, biodegradable and environmentally friendly soaps, detergents and other products are recommended. If your septic field is inundated with harsh chemicals or overloaded with detergents and soaps, your septic system function may be impaired or field failure may occur. Never pour oil, cooking grease, paint, or insecticides into your plumbing system. These items can inhibit the bacteria which are so critical to the proper functioning of your system and/or plug the pores of your system. Non -degradable paper products, such as diapers, sanitary napkins or tampons, and paper towels are harmful to your system. Also refrain from introducing any other non -biodegradable substances such as condoms, plastic baggies, plastic film -wrap, or cigarette butts. These items can cause serious clogging problems. A garbage disposal can be used if your septic system was designed around it; however, you should have your tank pumped more frequently if large particles are present within the effluent. Your system is also designed to handle a certain volume of water. If you consistently overload your septic system, you will cause premature failure. A frequent source of overload is leaking plumbing fixtures and water treatment systems. This can amount to hundreds of extra gallons of water going into your septic system each month. Leaks should be repaired immediately. Other home recommendations for reducing wastewater flow are; installing water -saving devices in your shower heads and faucets and lowering the amount of water hitting the system from the laundry by spreading your weekly washing over several days rather than doing it all within a short time period. The bacteria that thrive in a septic tank are called "anaerobic bacteria" because they do not require oxygen. These bacteria are essential to the proper functioning of a septic system as they degrade and decompose the solids. When too much solid material accumulates in the tank over a period of years, it begins to wash out of the tank and into the drain -field with the normal liquid effluent. The solids clog the drain -field absorption rates into the natural soils are reduced. As more solids flow from the tank, the drain -field will eventually not be able to absorb the liquid effluent, and the drain -field will fail. This is the most common cause of drain -field failure. Your drain field should have monitoring wells located at the far end of the field. These wells can help detect or prevent a field failure prior to its occurrence. A professional field maintenance company should be scheduled for regular maintenance and well monitoring. It is suggested that you have your septic tank pumped every 2 years on a regular maintenance schedule. The drain -field is ideally located in a sunny open area for maximum evaporation. Trees and shrubs should not be planted near the drain -field as root intrusion may impair the drain -field. Any plants that do not have deep roots can be planted over a drain -field. Grasses and ground cover provide the highest level of evapo-transpiration (the cycle of plants taking moisture from the soil by their root systems and giving it off to the atmosphere using the sun's energy) without 9 0L d id8Z '°N H1M O1NV2 111A01O3 Wd17Z:8 9002 'LZ '"I Wdl i IZ'a$N1 aw�j peA!aaai{ the complication of root systems clogging drainpipes and gravel beds. Mulched areas of flower beds do hold moisture and decrease drain -field efficiency. Walkways, patios, parking areas, decks or other permanent structures should not be constructed over either the septic tank or the drain -field. Vehicle traffic should be kept off of the drain -field and heavy trucks/equipment should be kept a minimum of 10 horizontal feet away from the drain -field area. Heavy vehicles can cause the drain -field to collapse. Rainwater or other drainage water should be diverted from the drain -field area. The drain -field is designed to meet the capacity of waste water coming from the house. Additional water from poor drainage may cause premature field failure. The owner and the party in possession of real property upon which an individual sewage disposal system is used, shall be jointly and severally responsible for operation and maintenance of the system. For treatment plants utilizing mechanical apparatus or under a service policy, a clearly visible, permanently attached label or plate giving instructions for obtaining service shall be placed at a conspicuous location. When directed by the local health department, for the purpose of obtaining compliance with rules and regulations, the owner or user of a system shall provide for maintenance and cleaning of an individual sewage disposal system and shall notify the local health department upon completion of any maintenance work and report to said department and submit such evidence of compliance with any maintenance and cleaning schedule in the form and as the department requires. The local board of health may adopt rules and regulations for the scheduling of maintenance and cleaning of systems and practices adequate to insure proper functioning of acceptable systems, and may require proof of proper maintenance and cleaning, pursuant to any such schedules and practices, to be submitted periodically to the local department of health by the owner of the system. Reasonable periodic collection and testing by the local health department of effluent samples from individual sewage disposal systems for which monitoring of effluent is necessary in order to insure compliance with the provisions of rules and regulations may be performed not more than two times a year, except when required by the health officer in conjunction with an enforcement action. Any owner or occupant of property on which an individual sewage disposal system is located may request the local health department to collect and test an effluent sample from the system. The local health department may perform such collection and testing services. If the local health department collects and tests effluent samples, a fee not to exceed that which is allowed by 25-10-101 et. seq. (as amended) C.R.S. 1973, maybe charged for each sample collected and tested. Payment of such charge may be stated in the permit as a condition for its continued use. Disposal of waste materials removed from a system in the process of maintenance or leaning shall be accomplished at a site approved by local county officials in a manner which does not create a hazard to the public health, a nuisance or an undue risk of pollution and which complies with state and local rules and regulations. (See Sludge Regulations and Solid Waste Regulations.) 10 IL d ti18 '°N 1M OINTEI 113Maio AW:E 9O CZ ''pW IHd19:£ LZ'JEW aw!J paA!a3ad No Discharge is Permitted Which Does not Comply With Rules and Regulations. No sewage or effluent shall be permitted to be discharged into or upon the surface of the ground or into state waters unless the sewage system and effluent meets the minimum requirements of applicable rules and regulations. The contents of a septic tank, vault, or seepage pit, the use of which has been terminated, shall be properly disposed of whereupon the emptied tank, vault, or pit shall be filled with soil or rock, or the health officer may require the tank or vault to be removed and disposed of properly. 8. Noxious Weed Control on Roadways and Common Areas. The Association shall implement and follow a program of noxious weed control which shall comply with all applicable requirements of the Garfield County Office of Vegetation Management. In general, the weed management plan should consist of the following components. a. Prevention and Control. The quick revegetation of disturbed areas with weed free grass seed and the maintenance of native or introduced vegetation in a healthy, vigorous condition producing optimum vegetative densities will leave noxious seeds little opportunity to establish. The use of hay that is certified is also recommended. b. Inventory. Each Lost should be inspected to identify any infestations of noxious weeds. An accurate record should be kept of the application and success of weed eradication efforts. c. Eradication. Elimination of noxious weeds can be achieved through: Mechanical Controls (physically remove the entire weed plant or eliminate the plant's ability to produce seed); Biological Controls (rely on organisms (insect or plant pathogens) to interfere with weed growth); Chemical Controls (use herbicides to eliminate weeds. Special care must be used with herbicides to avoid damage to desirable plant species and to avoid contamination of ground water). An effective weed management program may involve all three methods oferadication as well as a long term commitment to prevention and control. Assistance in the development and implementation of a weed management program is available through the Colorado State University Cooperative Extension Service and from the Garfield County Office of Vegetation Management. 9. Noxious Weed Control on Individual Lots. Control of noxious weeds on individual Lots, in accordance with the Colorado State Noxious Weed Act and the Garfield County Weed Management Plan, shall be the responsibility of the respective Lot Owners. Each Owner shall implement a weed management program within the area of his or her Lot. In the event a Lot Owner fails to effectively control noxious weeds on his or her Lot, the Association shall have the right to enter upon any Lot and conduct a weed control program with the area of such Lot. 11 Z1 d 1718Z '°N H1M '83)INV 11310103 WdtZ:E 9002 'a' P Nd191 ' «. J I WI peA ! eaed 10. Dogs. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. At no time should dogs be allowed to run freely outside of dog owner's lot. When outside the residence on an. Owner's Lot, dogs should be controlled by: 1. Confinement in an area bound by an aboveground fence; 2. Confinement in a kennel; 3. Confinement in an area bounded by an invisible electric fence attached to a dwelling unit; 4. A leash; or 5. Attachment by a tether to a fixed, immovable object. The tether length should not allow the dog to trespass on another owner's lot. Dogs shall not chase or molest wildlife Or any domestic animals or persons, or destroy or disturb property of another. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a 15 minute period, including successive barks or a series of barks which repeat or resurne following a brief or temporary cessation. All dogs should be licensed as required by law. No dog shall threaten public safety. No dog or other animal shall be kept which, in the sole discretion and judgment of the Association, is an annoyance to Lot Owners within the subdivision. Lot Owners not in compliance with dog regulations should be responsible for any and all costs associated with enforcement of the above provisions. 11. Fencing. Fencing on individual lots shall be restricted to reduce wildlife mortality and to reduce the potential for separation of doe deer and their offspring. The maximum fence height shall be 42 inches. if a rail fence or 3 -strand wire fence is constructed, there should be a 12 inch separation between the top 2 rails/wire. Chain link fencing up to 6 feet high shall be allowed for the sole purpose of kenneling a dog. 12. Additional Wildlife -Related Restrictions. Lot Owners shall maintain their Lots in a manner that will not attract denning skunks and raccoons. Lot Owners shall store garbage and trash in secure receptacles to reduce problems with skunks and racoons. No refuse, garbage, trash, grass, shrub, or tree clippings, plant waste, scrap, rubbish, or debris of any kind should be kept, stored, maintained or allowed to accumulate or remain on any Lot except temporarily within an enclosed structure within a building envelope. No garbage container, trash cans or receptacles shall be maintained in an unsanitary condition. Garbage structures and containers should comply with recommendations which may be made from time to time by the CDOW. The Association and Lot Owners are responsible for the removal and disposal of alt animal Carcasses from within the subdivision. Hay stored on a Lot shall be secured by a tarp, stored in a structure, or fenced. 13. Fire Protection. a. Each Lot Owner shall remove vegetation from near any structures on his or her respective Lot in order to provide a safe zone in the event of a wild land fire; 12 El d tL8 `°N H1M J]NNV8 11W11O3 wdtVE 9006 'a 've 1 • WdI :C awii peA!aaad b. When constructing access roadways into the parcels, consideration should be given to the weights of fire apparatus and accessibility during adverse weather conditions; c. The address of the properties are to be posted where the driveway access the County Road and on the residence itself if a shared driveway if used. Letters are to be a minimum of 4 inches in height, 1/2 inches in width and contract with background colors. d. The water supply for fire protection purposes within the Subdivision shall be provided by a fire protection pond, located on Lot 1 as shown on the final plat. The water supply for the fire protection pond shall be provided from the water represented by the share of Farmers Irrigation Company to be transferred / assigned by the Declarant to the Association, as described in Article VIII. The Association shall be responsible for maintaining the fire protection pond including, but not limited to, filling and maintaining the fire protection pond. The Association shall include in the Annual Assessment, all costs associated with the same. The Association's maintenance obligation shall continue until such time as the fire protection pond is ndilonger needed for fire protection purposes. 14, Agricultural Living. Colorado is a "Right -to -Farm" State pursuant to C.I.S. § 35-3- 101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as part of a legal and non -negligent agricultural operations. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 15. Enforcement. The Association Manager or his authorized agent may enter any Lot in which a violation of this Declaration and these restrictions exists and may correct such violation at the expense of the Owner of such Lot. Any expenses in connection with such correction shall be a Special Assessment against and be secured by a lien upon such Lot enforceable in accordance with the provisions of Article VI hereof. All remedies described in Article VI hereof and all other rights and remedies available at law or equity shall be available to the Association, or the Declarant or any Lot Owner, in the event of any breach of any provision of this Article VII by any other Owner. 13 til N k1M dANV8 113ML]103 Wd 9O `LZ 'atW MdlQ:£ 'GZ'aeyy aw!I panic°ad ARTICLE VIII IRRIGATION WATER AND SYSTEM 1. Irrigation Water and Systems. Declarant shall transfer / assign five (5) shares ofthe Farmers Irrigation Company to the Association. One (1) share shall be dedicated for the fire protection pond. The remaining four (4) shares shall be for the irrigation water for the respective Lots. Charges for water furnished by The Farmers Irrigation Company will be paid by the Association. The Association shall include in the Annual Assessment, all costs associated with the same. All irrigation shall be accomplished by and through the irrigation systems required to be installed and maintained on each of the above described Lots under the provisions of paragraph 2, Article VIi hereof. Irrigation water from the four (4) shares ofthe Farmers Irrigation Company shall be allocated between the Lots on a pro -rata basis based on total acreage. In the event the water physically available is less than the legally available amount, then each Lot owner shall proportionately reduce consumption of same. ARTICLE IX DOMESTIC WATER 1. Individual Wells. Each Lot (1-4) is to be served by its own well constructed under permit from the Colorado Division of Water Resources, The Owners of the Lots shall each be entitled to use water from their respective well only for purposes authorized by the well permit and in accordance with the terms and conditions of the well permit. Each Lot Owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of their well, pump and associated facilities. The Owners of the Lots shall each own, appurtenant to their respective Lot, the full interest in their respective well, well permit, purnp and associated facilities for the withdrawal of water locatedQV_ at each respective well. p a A '[`` rhek [ Lla ve �^` 5 j cirk t.4 :d Al tx netG 6`. c c,-� �G 1 -s•�, 2. Reverse Osmosis System. The Owners of Lots I, 2 and 3 shall be responsible for Lti C their respective costs of installation, maintenance, operation, repair, service and connection to an k,' appropriate reverse osmosis system f;"°` l�t�ac�.ar�5 4 Re%S , Rt!"C _ LI, k\-- .L UFF r� ARTICLE X t� n DEDICATION OF RIGHT OF WAY: TRANSFER OF EASEMENTS AND ROAD MAINTENANCE OBLIGATIONS 1. Dedication of Public Right -Of -Way. Declarant has dedicated as a public right-of-way for access and utility purposes that portion of the 40' access road, together with the cul-de-sac turnaround, indicated, designated and described as "Garfield County Public Right of Way" on the Final Plat of the Silt Heights Subdivision recorded in the office of the Garfield County Clerk and Recorder. 2. Transfer of Easements. Declarant hereby dedicates, quit claims and transfers the following easements for the purpose and upon the conditions and restrictions specified, to wit: 14 Sl d b18Z '©N HIM H)INTEI 113M 10D IAdS6:E 900 • • 4�ld19 i .a.yeA awi . peA!aaa8 a. aperpetual non-exclusive easement to the Association and its successors, assigns, and agents to access, and enter in and onto the area of fire protection pond, located on Lot as shown on the Final Plat of the Silt Heights Subdivision recorded in the office of the Garfield County Clerk and Recorder, for the installation, use, maintenance, repair and service of the fire protection pond; and for purpose of filling the fire protection pond. b. a perpetual non-exclusive easement to all police, fire protection, ambulance and emergency personnel to access, and enter in and onto the area of fire protection pond, located on Lot , as shown on the Final Plat of the Silt Heights Subdivision recorded in the office of the Garfield County Clerk and Recorder, for purposes of fire protection. c. perpetual, non-exclusive easements for the benefit of each Lot and all Lots within the Subdivision for the location of utilities. The location of such easements shall be in conformity with the final plat for the Subdivision. Unless noted, the easements hereby granted and dedicated are for the private use of the Owners ofthe respective Lots, their successors, assigns, agents, employees, tenants, guests, licensees and invitees sub CCt 10 the terms, conditions and provisions herein set forth. Utility easements herein granted and dedicated are only for the use and benefit of the Silt Heights Subdivision. The easements shall be appurtenant to the respective Lots within the Silt Heights Subdivision. All conveyances of and other instruments affecting title to such Lots shall be deemed to grant and reserve the easements provided for herein, as though set forth in said document in full, even though no specific reference to such easement or right appearance in any such conveyance or instrument. 3. No interference with Easements and Rihts of Way of Record. The Silt Heights Subdivision is subject to certain easements and rights-of-way recorded in the office of the Garfield County Clerk and Recorder. Neither the Association nor any Lot Owner shall obstruct or interfere with any such easements or right-of-way of record. The Public Right of Way and Private Access Driveway as indicated, designated and described on the Final Plat of the Silt Heights Subdivision recorded in the office of the Garfield County Clerk and Recorder shall not be gated or otherwise obstructed. Use ofthe roadway shall be restricted to access and utility purposes and may not be used for the storage of vehicles or equipment or any other use. 4. Road Maintenance Obliations. The costs of repair, maintenance, clearing, trash removal, snow plowing, noxious weed control and other expenses of upkeep and preservation of the road shall be the sole responsibility ofthe Association. Routine repairs, clearing, trash removal and snow plowing will be conducted from time to time, as deemed necessary by the Lot owners. ARTICLE XI CONDEMNATION 15 91 d 1182 '°N H1M OiNd8 113M0103 Wd l: E 9002 L "IN Ndlq:E aur[! pe !838d Whenever all or any part of the Common Facilities shall be taken (or conveyed in lieu of and under threat of condemnation by the Association through Owners Action) by any authority having the power of condemnation or eminent domain, each Lot Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto, unless otherwise prohibited by law. The award made for such taking shall be payable to the Association and used for its purposes herein enumerated. ARTICLE XII GENERAL PROVISIONS 1. Benefits/Burdens. The covenants, conditions and restrictions of this Declaration and the benefit of easements hereby granted to the Association shall run with title to the Lots and shall inure to the benefit of the Lot Owners and shall be enforceable by the Declarant, or the Association, its Association Manager or any of the Lot Owners. 2. Indemnification. The Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and all expenses, including attorneys' fees and costs reasonably incurred by or imposed upon said Declarant or Association Manager in connection with any action, suit or other proceeding (including settlement of any suit or proceeding) to which the Declarant or Association Manager maybe a party by reason of any actions, contracts, agreements or other activity undertaken by the Declarant or Association Manager before or after the making of this Declaration. The Declarant or Association Manager shall not be liable for any mistake of judgment, negligent or otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. The Declarant or Association Manager shall have no personal liability with respect to any contract or other commitment made by them, in good faith, with respect to the Common Facilities or otherwise, on behalf of the Association, and the Association shall indemnify, save and forever hold such Declarant or any Association Manager free and harmless against any and all liability to any other party on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which Declarant or any Association Manager may be entitled in this regard. 3. Amendment or Modifications. (a) This Declaration may be amended or modified in any particular by the Declarant so long as Declarant is the Owner of two (2) or more Lots. (b) At any time subsequent to the conveyance of at least three (3) of the Lots by Declarant, the Lot Owners may amend or modify this Declaration in any particular by a written instrument executed by the Owners of not less than three (3) of the Lots, and recorded in the records of the County. Provided further, that no such amendment or modification of this Declaration which affects or purports to affect any rights accorded to or reserved by the Declarant herein shall be operable or effective unless the aforementioned instrument of amendment or modification is also executed by Declarant. 16 L1 d 17[86 °N N11 OINVO 11]N!a1oD WdS6' 90 `L 'Fq1 Wdi 'LZ''211 aw l peAIa3e8 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Perpetuities. If any of the covenants, conditions and restrictions of this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the longest lived member of the presently constituted Board of County Comrnissioners of the County. 6. Non -Waiver. The failure of Declarant, the Association, the Association Manager, or a Lot Owner to object to any breach of or failure to comply with the provisions of this Declaration or any Rules and Regulations of the Association by a person subject thereto shall in no event be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. 7. Captions. Article and paragraph or section captions, headings, or titles inserted throughout this Declaration are intended solely as a means of convenience and reference and in no way shall such captions, headings or titles define, limit or in any way affect any of the substantive terms and provisions of this Declaration. 8. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean boththe feminine and masculine gender, and the singular shall be deemed to also encompass the corresponding plural. IN WITNESS WHEREOF, the undersigned Declarant has executed this Grant of Easements and Declaration of Covenants, Conditions and Restrictions for Silt Heights Subdivision the day and year first above written. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Terri Patrick The foregoing instrument was acknowledged before me this day of , 20 by Terri Patrick. Witness my hand and official seal. My commission expires 17 8[ 'd 17182 '°N H1M OUNd8 113M11O3 Wdc :E 9OOZ «''pW Mar. 27. 2006 3:25PM COLIDWELL BANKER WLH No. 2814 P. 19 SI ,ggfd (e2ON Received Time Mar.27. 3:51PM TRAFFIC IMPACT FEE STATEMENT SILT HEIGHTS SUBDIVISION The impact fees are expected to be about $210 per average daily trip for 8 units (4 lots with 4 ADUs) minus the appropriate discounts according to previous County comments on Sketch plan review. Using the traffic generation estimate of 76.56 trips per day, the general traffic impact figure equates to $16,077.60. One half of the fee ($8,038.80) will be submitted at final plat and the other half will be paid by the individual lot owners prior to building permits being issues. These fees will be more accurately calculated at the time of final plat. • • TITLE POLICY COMMITMENT FOR TITLE INSURANCE SCHEDULE A OFile No. 9807046 1. Effective Date: April 2, 2002 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 10-17-92) Proposed Insured: A Purchaser To Be Determined (b) ALTA LOAN POLICY (10-17-92) Proposed Insured: TBD 3. The Estate or interest in the land described or referred to in the Commitm r,t and covered herein is Fee Simple and is at the effective date hereof vested in: Terri Patrick TITLE CHARGES Owner's Policy Standard Coverage TBD Tax Certificate . 0.00 COUNTERSIGNED: - American Land Title Association Schedule A (Rev'd 6-86) Authorized Officer or Agent Jg Valid Only if Schedule B and Cover Are Attached Issuing Agent Commonwealth lite Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 9807046 SCHEDULE A Legal Description 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: A tract of land situated in the NE114SE114 and SE114SE114 of Section28, the NWI14SW114 and SW114SW114 of Section 27 and the NWII4NW1I4 of Section 34, Township 5 South, Range 92 West of the 6th P.M., County of Garfield, state of Colorado, said tract of land being more particularly described as follows: (All bearings in this description are relative to the West line of the SW1/4 of said Section 27 as Bearing North 00012"00" West) Beginning at the Southwest Corner of said Section 27, said Southwest Corner being a brass cap and standard monument P.L.S. #10732; then South 00°05133" East along the West line of said NW114NW114 of said Section 34 a distance of 69.92 feet; then departing said West line 119,59 feet along the arc of a non -tangent curve to the right having a radius of 66.79 feet, a central angle of 102°35'11" and a chord which bears North 51°04'22" East 104.24 feet; then South 77°37'58" East 20.94 feet; then 107.49 feet along the arc of a curve to the left having a radius of 800.00 feet, a central angle of 07°41'54" and a chord which bears South 81°28'55" East 107.41 feet; then South 85°19'52" East 150.72 feet; then North 02°44'07" East 906.33 feet; then North 02°08'39" East 906.62 feet; then North 84°20'59" West 443.78 feet; then South 81°10'08" West 582.74 feet, then • South 01°06'08" East 443.92 feet; then South 06°15'25" East 760.77 feet; then 35.11 feet along the arc of a curve to the left having a radius of 160.00 feet, a central angle of 12°34'23" and a chord which bears South 12°32'39" East 35.04 feet; then South 18°49'52" East 203.24 feet; then 94.65 feet along the arc of curve to the left having a radius of 400.00 feet, a central angle of 13°33'28" and a chord which bears South 25°36'37" East 94.43 feet; then South 61°22'12" East 236.68 feet; then South 64°02'26" East 187.83 feet to the East Line of Said SE114SE1I4; then along said East line South 00°12100" East 21.00 feet to the POINT OF BEGINNING. File No. 9807046 • SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies, Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Terri Patrick vesting fee simple title in A Purchaser To Be Determined. •M6 American Land Title Association Commitment Schedule 8 - Section 1 - Form 1004-5 File No. 9807046 SCHEDULE B - SECTION 2 °Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records, 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the pubic records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November6, 1930 in Book 172 at Page 516. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the .3 be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded April 26, 1913 in Book 71 at Page 587. • 10. Undivided one-half interest in and to all oil, gas and other minerals as described in Deed recorded April 23, 1970 in Book 409 at Page 457. 11. Road easement described in deed recorded March 8, 1983 in Book 621 at Page 609 and Page 615. 12. Access and utility easements described in deeds recorded November 13, 1996 in Book 999 at Page 527, Page 529, Page 530, Page 531 and Page 533 and June 6, 1997 in Book 1021 at Page 249, May 9, 1997 in Book 1018 at Page 152 and September 15, 1982 in Bonk 608 at Page 285. 13. Easement for the construction, operation and maintenance of a pump and pipeline as conveyed in deed recorded May 9, 1997 in Book 1018 at Page 152. (exact location not defined) (Continued) • File No. 9807046 SCHEDULE B - SECTION 2 (Continued) 14. Easement and right of way for any existing irrigation, ditches, laterals, canals or pipelines. 15. Covenants, conditions and easements created by deed recorded July 17, 1997 in Book 1 025 at Page 378. 16. Apparent easement and right of way for overhead electric and roads as shown on the Improvement Location Certificate dated August 29, 1998 by Bookcliff Survey Services, Inc. 17. Deed of Trust from Terri Patrick to the Public Trustee of Garfield County for the use of Green Tree Financial Servicing, Inc., showing an original amount of $114,873.15, dated August 7, 1998 and recorded August 14, 1998 in Book 1083 at Page 501. NOTE: EXCEPTION(S) NIA WILL NOT APPEAR IN THE OWNER'S POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule 8 - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 INFORMATIONAL NOTES *is is to advise that COMMONWEALTH TITLE INSURANCE COMPANY makes available to its prospective insured owners, in conjunction with their COMMONWEALTH TITLE INSURANCE COMPANY policy covering a single family residence, including a condominium or townhouse unit, protection against mechanics' liens. This protection is not automatic nor given- in all cases, but is subject to the Company's underwriting requirements, and does not cover those liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanics' liens; 2. Information concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bills which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent constructions, whether on all the improvements located upon the property or not, additional items required may include: (a) the Company's review of the owner's and/or builder's history relative to construction projects previously completed or presently under construction; (b) review of the construction loan agreement if applicable; (c) review of any performance or materialmen's bonds concerning this construction, if applicable; (d) payment of _ the appropriate charge for mechanics' lien protection during construction, if applicable. This is also to advise that, pursuant to Regulation of the Colorado Insurance Commissioner, every title entity shall be sponsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of he commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. This does not include those matters created, suffered, assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether it is an office of COMMONWEALTH TITLE INSURANCE COMPANY or is an independent agent which will be the responsible entity relative to the closing only. NOTICE If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise; a) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to Senate Bill 91-14 (CRS 14-11-122) Notice is hereby given that: a) The subject real property may be located in a special taxing district: b) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; c) Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A Tax certificate will be ordered from the County Treasurer by the Company and the costs therefore charged to the proposed insured unless written instructions to the are received by the company prior to the issuance of the Title Policy anticipated by this commitment. . ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth A LANDAMEREGA COMPANY COMMITMENT Foil TITLE INSURANCE Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof, This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. Attest: Secretary COMMONWEALTH LAND TITLE INSURANCE COMPANY By: ?i_a4-4"- G. aPe`t President Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Ensured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4, Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 ALTA Commitment —1966 Cover Page Crt.m 1 r{AA 0 8 Q.` • • WARRANTY DEED THIS DEED, Made this 16th day of July,1997, between KENNETH L. ELDER and JANEY RUTH ELDER aka J. RUTH ELDER aka RUTH ELDER, of the County of Garfield and State of Colorado, Grantors, and JAMES R. HUBBARD and TERRI PATRICK, Tenants in Common, whose legal address is P. 0. Box 561, Rifle, of the County of Garfield, State of Colorado, Grantees: WITNESSETH, That the Grantors for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantees, their heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado described as follows: That real property described on Exhibit A attached hereto, subject to a permanent, non-excIusive access and utility easement described as set forth on Exhibit 8, which access and utility easement is for the benefit of the properties described on Exhibit A, as well as Exhibit C, D and E attached hereto. All exhibits attached hereto are incorporated herein by reference. Also subject to easements in location to be determined as necessary and sufficient for the construction, operation and maintenance of pumps and buried pipelines from the Farmers Irrigation Ditch to the parcels described on Exhibits D and E attached to this deed. By accepting delivery of the within deed, Grantees covenant and agree not to place, at any time, a gate or other obstruction across the easement described on Exhibit B attached to this deed, unless Grantees have obtained, in writing, the permission of all property owners who have a lawful right to use said easement. This covenant shall run with the land, shall be perpetual, and shall be binding upon Grantees' co-owners and successors. This covenant shall not prevent construction of a cattle guard on said easement. TOGETHER with any wells, well water and water rights used in, on or in connection with said property, including five (5) shares of Farmers Irrigation Ditch stock, together with easements and ditches in place and in use sufficient to divert, transport and use said water on the property described in Exhibit A. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above - bargained premises, with the hereditaments and appurtenances. g.U. pay. Z •: lc,Cualkt5T) TO HAVE ANIS TO HOLD the said premises above -bargained and described, with the appurtenances, unto the Grantees, their heirs, successors and assigns forever. And the Grantors, for themselves, their heirs, successors and assigns, do covenant, grant, bargain, and agree to and with the Grantees, their heirs, successors or assigns, that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except subject to the 1997 general property taxes, patent reservations, prior mineral reservations, restrictions, easements of record and in place and in use, mineral reservations and leases thereof. The Grantors shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantees, their heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. . lf' „Janey t lder,ala Ruth 'Iter aka Kenneth L. Elder Ru Eider [! , .Lt_ STATE OF COLORADO COUNTY OF GARFIELD ) ss The foregoing instrument was acknowledged before me this lath day of July, 1997, by JANEY RUTH ELDER aka J. RUTH ELDER aka RUTH ELDER and KENNETH L ELDER. Witness my hand and official seal. My Commission Expires: Ci'la 1Q Z ...-:.',..;.,,....0: N. o: 4:1A • No\� AU�jj tary Public 1 111111 11111 111111 11111 1111 111111 111111 111 11111 111 1111 511059 07/17/1997 09:06A 01026 P379 432 2 of 7 R 36.00 0 10.00 M 0,00 GRRFIELD CLERK • • • EXHIBIT A A TRACT OF LAND SITUATED IN THE NE'/. NE'/4 AND THE SE'/+ NE'/4 OF SECIION 28, THE NW'/. SW;/4 AND THE SW1/4 SW'/4 OF SECTION 27 AND THE NW1/4 NW'/r OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6T1-1 P.M., COUNTY OF GARFIELD, STATE OF COLORADO SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS IN THIS DESCRIPTION ARE RELATIVE TO THE WEST LINE OF THE SW1/4 OF SAID SECTION 27 AS BEARING N. 00212'00" W.) BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 27, SAID SOUTHWEST CORNER BEING A BRASS CAP AND STANDARD MONUMENT P.L.S. #10732; THEN S. 00405'33" E. ALONG THE WEST LINE OF SAID NW1/4 NW'. OF SAID SECTION 34 A DISTANCE OF 69.92 FEET; THEN DEPARTING SAID WEST LINE 119.59 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 66.79 FEET, A CENTRAL ANGLE OF 102235'11" AND A CHORD WHICH BEARS N. 5PO4'22" E. 104.24 FEET; THEN S. 77437'58" E. 20.94 FEET; THEN 107.49 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 800.00 FEET, A CENTRAL ANGLE OF 07241'54" AND A CHORD WHICH BEARS S. 81228'55" E. 107.41 FEET; THEN S. 85219'52" E. 150.72 FEET; THEN N. 02244'07' E. 906.33 FEET; THEN N. 02208'39" E. 906.62 FEET; THEN N. 84220'59" W. 443.78 FEET; THEN S. 81410'08" W. 582.74 FEET; THEN S. 01206'08" E. 443.92 FEET; THEN S. 06215'25" E. 760.77 FEET; THEN 35.11 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 160.00 FEET, A CENTRAL ANGIe OF 12234'23' AND A CHORD WHICH BEARS S. 12232'39" E. 35.04 FEET; THEN S. 18249'52' E. 203.24 FEET; THEN 94.65 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400,00 FEET, A CENTRAL ANGLE OF 13433'2.8" AND A CHORD WHICH BEARS S:225236'37" E. 94.43 FEET; THEN 5. 61222'12"' E. 236.68 FEET; THEN S. 64202'26" E. 187.83 FEET TO THE EAST LINE OF SAID SE' NE'/4; THEN ALONG SAID EAST LINE S. 00212'00" EAST 21.00 FEET TO THE POINT OF BEGINNING. SAID -TRACT OF LAND -CONTAINS 36.44- ACRES AS DESCRIBED: 1111111111111 414ii 11119 311 I�ll91026 �� 1 ! 186 1114111 f111 511059 3 of 7 R 36.00 D 10.00 N 0.00 GARFIELD CLERK • EXHIBIT 13 AN EASEMENT FOR THE PURPOSE OF INGRESS, EGRESS AND UTILITIES, SMD EASEMENT BEING THIRTY FEET (30.00) IN WIDTH, SAID EASEMENT ENCOMPASSING THE FOLLOWING DESCRIBED AREA BEING SITUATED IN SECTION 27, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS IN THIS DESCRIPTION ARE RELATIVE TO THE WEST LINE OF THE SW'/4 OF SAID SECTION 27 AS BEARING N. 00212'00" W.) BEGINNING AT A POINT FROM WHICH THE WEST Y4 CORNER OF SAID SECTION 27 BEARS N. 25235'02" W. 960.08 FEET, SAID WEST 1/4 CORNER BEING A BLM STANDARD MONUMENT; THEN S. 0208'39" W. 908.31 FEET; THEN S. 02244'07" W. 905.16 FEET; THEN S. 85419'53" E. 30.02 FEET; THEN N. 02244'07" E. 906.33 FEET; THEN N. 02208'39" E. 906.62 FEET; THEN N. 84420'59" W. 30.05 FEET TO THE POINT OF BEGINNING. Mill llli 1111111111111I111i111111111I1111 Ili 11111 11111 1111 611033 07/17/1997 09:06P 81026 P381 432 4 of 7 R 36.00 D 10.00 N 0.00 GARFIELD CLERK EXHIBIT C A TRACT OF LAND SITUATED IN THE NW'/a SWi/, AND THE SW1 SW1 OF SECTION 27 AND IN THE NW1/4 NW1/4 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS IN THIS DESCRIPTION ARE RELATIVE TO THE WEST LINE OF THE SW1 OF SAID SECTION 27 AS BEARING N. 0041.2'00" W.) BEGINNING AT A POINT FROM WHICH THE WEST 1/4 CORNER OF SAID SECTION 27 BEARS S. 84420'59°' W. 443.78 FEET AND N. 00212'00" W. 825.23 FEET; THEN S. 02208'39" W. 906.62 FEET; THEN S. 02244'07" W. 906.33 FEET; THEN 100.13 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 09233'41" AND A CHORD WHICH BEARS N. 8925318' E. 100.01 FEET; THEN N. 85406'28" E. 50.78 FEET; THEN S. 86233'12" E. 48.76 FEET; THEN S. 8443811'" E. 90.46 FEET; THEN 124.16 FEET ALONG THE ARC OF A CURVE TO THE LEFT' HAVING A RADIUS OF 161.89 FEET, A CENTRAL ANGLE OF 43256'39" AND A CHORD WHICH BEARS N. 7342309" E. 121.14 FEET; THEN N. 51424'50" E. 131.89 FEET; THEN 276.29 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1109.00 FEET, A CENTRAL ANGLE OF 14416'27" AND A CHORD WHICH BEARS N. 58433'04" E. 275.57 FEET; THEN N. 65241'17" E. 255.46 FEET TO THE EAST LINE OF SAID SW1 SW1/4;THEN N. 00213'24" W. ALONG SAID EAST LINE 875.01 FEET TO THE NORTHEAST CORNER OF SAID SW1/4 SW1/4; THEN N. 00213'24" W. ALONG THE EAST LINE OF SAID NW1/4 SWl/a 488.85 FEET; THEN DEPARTING SAID EAST LINE N. 8422059" W. 898.29 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 35.07 ACRES AS DESCRIBED. 1 111111 111 1111!11 11111 1111111111 111111 111 11 11 1111 1111 511059 07/17/1997 09:06A 81026 P382 432 5 of 7 R 36.80 D 10.00 N 0.00 GARFIELD CLERIC EXHIBIT D A TRACT OF LAND SITUATED IN THE NWW SW'/4 AND THE SW'/4 NW'/% OF SECTION 27, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID I RACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS IN THIS DESCRIPTION ARE RELATIVE TO THE WEST LINE OF THE SW1/4 OF SAID SECTION 27 AS BEARING N. 00212'00" W.) BEGINNING AT THE NORTHEAST CORNER OF SAID SW'/4 NW' , SAID NORTHEAST CORNER BEING A #5 REBAR AND ALUMINUM CAP, P.L.S. #27613; THEN N. 8420732" W. ALONG THE NORTH LINE OF SAID SW' NW'/{ 707.33 FEET; THEN DEPARTING SAID NORTH LINE S. 002110'00" E. 1306.98 FEET; THEN S. 12238'49" W. 827.09 FEET; THEN S. 84220'59" E. 828.29 FEET TO THE EAST LINE OF SAID NWF/a SWIA; THEN N. 00213'24" W. ALONG SAID EAST LINE 825.26 FEET TO THE NORTHEAST CORNER OF SAID NWW SW'/.; THEN N. 00215'51" W. ALONG THE EAST LINE OF SAID SW'/4 NW'/4 1304.81 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 36.36 ACRES AS DESCRIBED. • • 11111111III1111(11 (11111111111111 HEM 11111EMI 511059 07/17/1997 09:061 61026 P383 432 6 of 7 R 36.00 D 10.00 N 0.00 GARFIELD CLERK EXHIBIT E A TRACT OF LAND SITUATED IN THE E'/2 NE1/4 NE'/4 OF SECTION 28, THE NW % NWS AND THE SW1/4 NW1/4 AND THE NWS SWs OF SECTION 27, THE E1/2 SE% SE'/. OF SECTION 21 AND THE SW'/. SW% OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS IN THIS DESCRIPTION ARE RELATIVE TO THE WEST LINE OF THE SW'/4 OF SAID SECTION 27 AS BEARING N. 00212'02" W.) BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 27, SAID WEST 1/4 CORNER BEING A BLM STANDARD MONUMENT; THEN S. 00212'00" E. ALONG THE WEST LINE OF SAID N J1/4 SW'/4 825.23 FEET; THEN DEPARTING SAID WEST LINE S. 84220'59" E. 443.78 FEET; THEN N. 12238'49' E. 827.09 FEET; THEN N. 00200'00' W. 1306.98 FEET TO THE NORTH LINE OF SAID SW'/4 NW1 ;; THEN S. 8420732" E. ALONG SAID NORTH LINE 707.33 FEET TO THE NORTHEAST CORNER OF SAID SW'/4 NW1/4; THEN N. 00215'31" W. ALONG THE EAST LINE OF SAID NW'/4 NW% 130458 FEET TO THE NORTHEAST CORNER OF SAID NW'/. NW1/4; THEN N. 00214'34" W. ALONG THE EAST LINE OF SAID SW1/4 SW1/4 1313.90 FEET TO THE NORTHEAST CORNER OF SAID SW1/2 SW'4; THEN N. 83237'05" W. ALONG TIME NORTH LINE OF SAID SW'/4 SW1/4 1349.25 FEET TO THE NORTHEAST CORNER OF SAID E1/2 SE1 SE'/4; THEN S. 87214'14" W. ALONG THE NORTH LINE OF SAID E'/2 SEY SE1/4 656.82 FEET TO THE NORTHWEST CORNER OF SAID Ef SE114 SE1; THEN 5.002`23'28" E. ALONG THE WEST LINE OF SAID E1/2 SIE/4 SE1 1292.68 FEET TO THE SOUTHWEST CORNER OF SAID E1/2 SEY SE1 ; THEN S. 00213'11" E. ALONG THE WEST LINE OF SAID E'/z NE1/4 NE1/4 1340.09 FEET TO THE SOUTHWEST CORNER OF SAID EY NE1/4 NE1/4; THEN ALONG THE SOUTH LINE OF SAID E1/2 NE1I4 NE1/4 N. 87206'22" E. 660.42 FEET TO THE SOUTHEAST CORNER OF SAID E1/2 NE1/4 NE1/2; THEN S. 00215'12" E. ALONG THE WEST LINE OF SAID SW1/4 NW1/4 1310.06 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 149.24 ACRES, AS DESCRIBED. 111111111111111111 1111ll1A 111llII111111111ill Illi 511059 07/17/1997 7 of 7 R 36.00 0 10.00 N 0.00 GARFIELD CLERK • TIES DEED, Hada thin 111101101114111111111111411111111111111111 522379 03/25/1998 11101A 81059 P311 K RLSDORF 1 of 2 R 11.00 D 0.00 GRRFIELD COUNTY CO QUIT CLAIM DEED day of , between Kenneth L. Elder and Janey Ruth Elder, aka J. Ruth Elder, aka Ruth Elder afihr.&d Couatyof Garfield. andStalaof Colorado .granwr,and James R. Hubbard and Terri Patrick, Tenants in Common whasa legd address is P.O. 8 ox 561, Rifle, CO . , 81650 of the said Caunryaf Garfield utdSlateuf Colo_ado , grantee: wrarESS, that the grantor, for and in rnneideration of the ■um of Ten dollars and °titer good and valuable cuaaideratiun DOLLARS. thereceipt and sufficiency of which it hereby acknowledged, hat remised, relented, maid. conveyed, and QUfy CLAIMED, and by thc+c presents. do remise, release, self, convey and Quit Claim unto the grunt, hit heirs, auccemaora and assigns. farevcr, ell the right, title. interest, claim and demand which the grantor ham is and to the teal property, tol;AAcr with improvements, if any, situate, lying and being in the said County of and $tile or Colorado described a* far] wt: Correction reed See- attccc1-r d Exhibit- "A" This deed is given to correct that property description as described in Exhibit A of that certain warranty deed as recorded in Book 1026 at Pages 378 - 384 under Reception number 511059 of the records of the Clerk and Recorder of Garfield County, Colorado. as known by area and cunstar as: TO HAVE AND TO HOLD the carne. together with WWI and singular the appunenanc c and privilege* thereunto belonging or in.ny- ariae thereunto appertaining.. and all the estate, right, title, interest and claim whattocver, or the grantor, either in Isw or expiry, to the only proper usn, benefit and xhCor of the grantee, his heirs and /insigne forever. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. ill WITIiS WIUEREOF, the grantor hat executed this deed on the date ser forth above. 9t Si= -)4f gift- tA4—t-1 _Prituk ueof ) County off2:41 ) The foregoing instrument'°as acknowledged before me this / 7'Y '7 day of `ka„,e,, by My commission cxpirca CQ [Xa741.,) Z O/ Witness my hand and official moll. Notagr-P_ub{ic. /992 , P Ne Ma ?33 QIJ T CLAIM IJUU I4+. Im /f SurvCo, Inc, Professional Land Surveying Services 11111111111 11111 11 1 11 111111111111 1111 1111111 522379 03/25/1998 11:01P 81059 P312 M PLSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO Exhibit A PROPERTY DESCRIPTION "TRACT 1" A TRACT OF LAND SITUATED IN THE NE1/4SE1/4 AND THE SEl/4SE1/4 OF SECTION 28, THE NW1/4SW1/4 AND THE SW1/4SW1/4 OF SECTION 27 AND THE NW1/4NW1/4 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BRING MORE PARTICULARLY DESCRIBED AS FOLLOWS: {ALL BEARINGS IN THIS DESCRIPTION ARE RELATIVE TO THE WEST LINE OF THE SW1/4 OF SAID SECTION 27 AS BEARING N.00'12'00"W.) BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 27, SAID SOUTHWEST CORNER BEING A BRASS GAP AND STANDARD MONUMENT P.L.S. #10732; THEN S.00"05'33"E. ALONG THE WEST LINE OF SAID NW1/4NW1/4 OF SAID SECTION 34 A DISTANCE OF 69.92 PEET; THEN DEPARTING SAID WEST LINE 119.59 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 66.79 FEET, A CENTRAL ANGLE OF 102'35'11" AND A CHORD WHICH BEARS N.51`04'22"E. 104.24 FEET; THEN 5.77'37'58"E. 20.94 FEET; THEN 107.49 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 800.00 FEET, A CENTRAL ANGLE OF 07.41'54" AND A CHORD WHICH BEARS 5.81'28'55"F.. 107.41 FEET; THEN 5.65'19'52"E. 150.72 FEET; THEN 8.02'44'07"E. 906.33 FEET; THEN N.02'08'39"E. 906.62 FEET; THEN 8.84"20'59"W. 443.78 PEET; THEN S.81"10'08"W. 582.74 FEET; THEN S.O1'06'08"E. 443.92 FEET; THEN 5.06'15'25E. 760.77 FEET; THEN 35.11 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 160.00 FEET, A CENTRAL ANGLE OF 12'34'23" AND A CHORD WHICH BEARS 5.12'32139"E. 35.04 FEET; THEN 5.18'49'52"E. 203.24 FEET; THEN 94.65 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 13'33'28" AND -A G.°LORD-WHIC?1•BEARS-S-.25"36'37'E. 94 -.43 -FEET; THEN- 5-.51`2-2' 12"E. 2-36.58 FEET; TxEN- S.64'02'26"E. 197.83 FEET TO THE EAST LINE OF SAID 8E1/45E1/4; THEN ALONG SAID EAST LINE 5.00'12'00"E. 23.00 FEET TO 7HE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 36.44 ACRES AS DESCRIBED. 12/FEB/1997 9604511.DOC corrected 17/feb/1998 1001 Grand Avenue, Ste. 205 • Glenwood Springs. CO 61601 PH: (970) 928-8233 FAX: (970)928-8840 1 !II 1111lid 11111111111111111E1111111111111111111111 r.� 530523 08/14/1998 10:188 B1083 P499 M RLS®ORF 1 of 2 R 11.00 0 0.00 GARFIELD COUNTY CO tamp rEED, made this 7TH dm or AUGUST . 19 98 JAMES R. HUBBARD QUITCLAIM DEED of GARFIELD ), and TERRI PATRICK whose legal addricet is 4 r. l of the County or GARFIELD and sesta or COLORADO .grantc.(s): WiTNF„ti..+, that the grantor(s). for and inconsideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION Dollars. the receipt and sulTcivncy of which is hereby wdvtowledgod, has remised, released, sold and QUITCLAIMED, and by thane Rands dors remise, teles', sell and Q191CLAIM unto the gra9L e(s), her baits, successors arid assigns forever, all the right, title, intrresc claim and demand wife -lithe grardor(s} hasin and to the real property, togothor with improvetnerds, if any, situate, Iying and bniag in Ow County of GARFIELD lend stat: ofColorado, described in tallows:. of the u d nim. ar COLORADO SEE EXHIBIT "A” ATTACHED HERETO AND MADE A PART HEREOF also known by street and nu mbar aa. amessor'a schedule or parcel number: TO HAVE AND TO HOLD the same. together with all and singular the appurtenance and privileges thereunto belonging, or in anywise ihereurtto appertaining, sad est the estate, right, title, interet and chins whauoever or the graokw(s). either in law or cgniry, to the only proper use, benefit and he/moral-the grantee(a) herr heirs and assigns formal.. IN WITNESS WHEREOF, the granter(s) has executed ibis deed on the date m;ialh above, JAMES R. HUBBARD STATE or C0LORAIX) County or GARFIELD The foregoing instrument was acknewledge+i bnfnrn ma this 7TH day of AUGUST , 19 98 , by JAMES R. HUBBARD flu tv 4 Witness my hand and official. senL My c nnmisrinncnpires: 09-27-01 I1 -I-`3 127 E. 5TH ST., RIFL 'CO 8165.1$N xamy auhGc Nan! tad Addrcst or Aram Cretan{ k.4y Cmtad LqN Pesaipem (931-3}10e- C.{y No. 933. Rev. 4-94. QUITCLAIM DEED rkadronna"' sdlwre - Cnoputw Gummed Forma for Commonwealth Tile Company B irwd Publirhin>: 1743 W..wn St.. Dania, Co 4O:Q3 • (3(l) 39l•2330 !'T PROPERTIES WITHIN 200 FEET OF TERRI PATRICK'S PROPERTY (SECTIONS 27, 28 & 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST) Jewell, John S. and Georgann 280 County Road 259A Rifle, CO 81650-9721 2127-284-00-169 (28-5-92) Milton, Terry D. 1180 County Road 259 Rifle, CO 81650 2127-273-00-261 (27-5-92) Mulvihill, Gene 355 Madison Avenue #3 Morristown, NJ 07960-6910 2127-281-00-168 (28-5-92) Dwire, Alan F. and Linda L. 1164 County Road 259 Rifle, CO 81650 2127-342-00-153 (34-5-92) Field, M. Lynda 704 County Road 259 Rifle, CO 81650 2127-342-00-154 (34-5-92) Torres, Eric Smokey and Leslie H. P.O. Box 554 Glenwood Springs, CO 81602 2127-342-00-155 (34-5-92) Coquoz, Robert L. and Sue A. 1177 County Road 250 Rifle, CO 81650 2127-273-00-267 (27-5-92) Bailey, Dan L. and Dawn R. 1171 County Road 250 Rifle, CO 81650 2127-272-00-285 (27-5-92) Roberts, Rhonda and Mary Jo 1529 County Road 259 Rifle, CO 81650 2127-273-00-256 (27-5-92) MINERAL RIGHTS OWNERS: Urban, Lee Roy 0284 County Road 259A Rifle, CO 81650-9721 Jewell, Tammy Lorraine 818 Whiteriver Avenue Rifle, CO 81650 MINERAL RIGHTS LESSEES: Williams Production RMT Company 1515 Arapahoe Street Tower #3, Suite #1000 Denver, CO 80202 • GEOTECHNICAL REPORT • • NCO -06-200i 12:55 W—P GEOTECH P.02/15 • C -tech Hepworth-Puwiak Gootechni+al, Inc. 5020 County Road 154 Glenwood Sprinao, Colorado 81601 Phone: 970.94.5-7988 Fax: 970-945.8454 hpgeo @ h pgeotec h.co m PRELIMINARY SUBSOIL STUDY PROPOSED FOUR LOT SUBDIVISION NORTH OF COUNTY TY ROAD 259 NORTHEAST OF RIFLE GARFIELD COUNTY, COLORADO JOB NO. 100 442 OCTOBER 31, 2001 PREPARED FOR: TERRI PATRICK P.O. BOX 561 RIFLE, COLORADO 81650 NOV-06-2001 12:55 F4 -P GEOTECH HEPWORTH - PAWLAK GEOTECHNICAL, INC_ October 31, 2001 Terri Patrick P.O. Box 561 Rifle, Colorado 81650 P.03'15 Job No. 100 442 Subject: Report Transmittal, Preliminary Subsoil Study, Proposed Four Lot Subdivision, North of County Road 259, Northeast of Rifle, Darfield County, Colorado. Dear Ms. Patrick: As requested, we have conducted a preliminary subsoil study for the proposed residential development at the subject site. Subsurface conditions encountered in the exploratory borings drilled in the general proposed building area consist of about ' foot of topsoil and 51 to 91/2 feet of stiff to hard slightly sandy to sandy silty clay overlying stiff to very stiff' and medium dense to dense clay and sand. Hard sandstone bedrock was encountered beneath the sand at depths of 12 and 36 feet in Borings 1 and 2, respectively. Groundwater was not encountered in the borings and the soils were slightly moist to moist. The natural clay subsoils appear to have an expansion potential when wetted. Expansive clay soils require special designs to limit the risk of foundation and floor slab heave. Concentrated load on spread footings, structural floor slabs, drilled or driven piles and subcxcavation of expansive clays are possible methods to mitigate the expansion potential. The report which follows describes our investigation, summarizes our findings, and presents our recommendations suitable for planning and preliminary design. It is important that we provide consultation during design, and field services during construction to review and monitor the implementation of the geotechnical recommendations. If you have any questions regarding this report, please contact us. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Jori . Z. A Re .by:D JZAfksw on, Jr., P NOV-06-2001 12:55 H -P CEOTECH P.04/15 TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY PROPOSED DEVELOPMENT 1 SITE CONDITIONS 1 FIELD EXPLORATION 2 SUBSURFACE CONDITIONS 2 PRELIMINARY DESIGN RECOMMENDATIONS 3 FOUNDATIONS 3 FLOOR SLABS 4 UNDERDRA.IN SYSTEM 4 SURFACE DRAINAGE 4 LIMITATIONS 5 FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURES 4 & 5- SWELL -CONSOLIDATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS H -P GEOTE H NOV-06-2001 12:56 H -P GEDTECH PURPOSE AND SCOPE OF STUDY P.05/15 This report presents the results of a preliminary subsoil study for a proposed four lot subdivision to be located to the north of County Road 259, northeast of Rifle, in Garfield County, Colorado. The project site is shown on Fig. 1. The purpose of the study was to evaluate the subsurface conditions and their potential impact on the project. The study was conducted in accordance with our agreement for geotechnical engineering services to Terri Patrick, dated August 22, 2000. Hepworth - Pawlak Geotechnical, Inc., previously conducted a gamma radiation survey of the subject site and presented our findings in a letter dated June 9, 2000, Job No. 100442. A field exploration program, consisting of exploratory borings was conducted to obtain information on the subsurface conditions. Samples of the subsoils obtained during the field exploration were tested in the laboratory to determine their classification, compressibility or swell and other engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for project planning and preliminary design. This report summarizes tate data obtained during this study and presents our conclusions and recommendations based on the proposed development and subsurface conditions encountered. PROPOSED DEVELOPMENT The proposed development will consist of a four lot subdivision as shown on Fig. I. Single family residences will be constructed on each lot. The structures will likely be one and two story wood frame structures over crawlspaces or with basement levels. The development will consist of single family homes. The development will be serviced with individual wells and septic disposal systems. If development plans change significantly from those described, we should be notified to re-evaluate the recommendations presented in this report. SITE CONDITIONS The proposed development consists of about 36 acres located at the north end of County Road 259 in Garfield County. Colorado. An existing single story manufactured H.P GEaTECii NOU--06-2001 12: 56 H -P CEOTECH P.06/15 2 residence is located in the western portion of Lot 4. The ground surface on the property is gently rolling with variable slopes from about 2% downhill to the south in the west central portion to 20% down to the north, south and west in Lot 1. An irrigation ditch meanders through the property as shown on Fig. L The property vegetation is dominated by sagebrush, grass and weeds with a few cottonwood trees along the ditch. FIELD EXPLORATION The field exploration for the project was conducted on September 8, 2000. Two exploratory borings were drilled at the I❑cations shown on Fig. 1 to evaluate the subsurface conditions_ Access to the proposed building location on Lot 2 was not possible due to the steep sided irrigation ditch. The borings were advanced with 4 inch diameter continuous flight auger powered by a truck -mounted Longyear BK -5114D drill rig. The borings were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. Samples of the subsoils were taken with a 2 inch LD. spoon sampler. The sampler was driven into the subsoils at various depths with blows from a 140 pound hanuner failing 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils and hardness of the bedrock. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Fig. 2. The subsoils consist of about V2 foot of topsoil and 51 to 91/ feet of stiff to hard slightly sandy to sandy silty clay overlying stiff to very stiff and medium dense to dense clay and sand. Hard sandstone bedrock was encountered beneath the sand at depths of 12 and 36 feet in Borings 1 and 2, respectively. i -f •P GEoTEcF+ NCO -06-2001 12:56 H -P GEOTECH P.0?/15 _3 Laboratory testing performed on samples obtained from the borings included natural moisture content and density, Atterberg limits and finer than sand size gradation analyses, Results of swell -consolidation testing performed on relatively undisturbed drive samples of the clay soils, presented on Figs. 4 and 5, generally indicate low compressibility under existing moisture conditions and light loading and a low to high expansion potential whet, wetted under a constant light surcharge. The sample from Boring 1 at 5 feet had no expansion. The laboratory testing is summarized in Table I. No free water was encountered in the borings at the time of drilling and the subsoils and bedrock materials were slightly moist to moist. PRELIMINARY DESIGN RECOMMENDATIONS It should be feasible to develop the project based on geotechnical considerations. The conclusions and recommendations presented below are based on the proposed development, subsurface conditions encountered in the exploratory borings, and 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 conditions will vary depending on the specific Location of the building on the property. Spread footings bearing on the natural clay and silt subsoils appear suitable with some risk of settlement/heave due to loading and wetting of the bearing soils. We expect the footings can be sized for an allowable bearing pressure in the range of 1,500 psf to 2,500 psf. Expansive clays encountered in building areas may need to be removed or the footings designed to impose a minimum dead load pressure to limit potential heave. Based on the expansion potential encountered, drilled or driven piles may be needed to limit or prevent heave and distress to the buildings. Foundation walls should be designed to span Local anomalies and to resist lateral earth loadings when acting as retaining structures. Below grade areas and retaining walls should be protected from wetting and hydrostatic loading by use of an underdrain system. The footings should have a tnininium depth of 36 inches for frost protection. H -P Gln; EC;•I • • • NOV-OE-2001 12:57 H -P GEOTECH 4 P.08/15 FLOOR SLABS Slab -on -grade construction should be feasible for bearing on the natural soils. There could be some post construction slab movement at sites with collapsible matrix or expansive clays. A positive way to reduce the risk of slab movement, which is commonly used, is to construct structurally supported floors over a crawispace. To reduce the effects of some differential movement, floor slabs should be separated from all bearing wails and columns with expansion joints. Floor slab control joints should be used to reduce damage due to shrinkage cracking. A minimum 4 inch thick layer of free -draining gravel should underlie basement level slabs to facilitate drainage. UNDERDRAIN SYSTEM Although free water was not encountered in the exploratory borings, it has been our experience in the area and where there are stiff clays that local perched groundwater can develop during times of heavy precipitation or seasonal runoff. An underdrain system should be provided to protect below -grade construction, such as retaining walls and basement areas from wetting and hydrostatic pressure buildup. The drains should consist of drainpipe surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1 % to a suitable gravity outlet. SURFACE DRAINAGE The grading plan for the subdivision should consider runoff from steep uphill slopes through the project and at individual sites. Water should not be allowed to pond which could impact foundations. To limit infiltration into the bearing soils next to buildings, exterior backfill should be well compacted and have a positive slope away from the building for a distance of 10 feet. Roof downspouts and drains should discharge well beyond the limits of all backfill and landscape irrigation Should be restricted, H -P GEOTEC4 • • s NO. -06-2001 12:57 H -P GEOTECH 5 LIMITATIONS P.09/15 This study has been conducted according to generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon. the data obtained front the exploratory borings located as shown on Fig. 1, the proposed type of construction and our experience in the arca. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified so that re- evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation, conduct additional evaluations and review and monitor the implementation of our recommendations. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. Sincerely, HEPWORTH - PAWLAK GE Jordy Z. Adamson, Reviewed by; Daniel E. Hardin, P.F. JZA/ksw cc: High Country Engineering - Attn: Joe Hope H P GEOTEC -f 1 1 NOV-06-2001 12=57 H -P GEOTECH P. 10/15 5720 EXISTIN G RESIDENCE PROPOSED BUILDING LOCATION (TYPICAL) EXISTING IRRIGATION DITCHES LOT 3 EXISTING ROADS I\ y 5710 1 LO BOUNOAR / /f / L LOT 2 BORING 1 APPROXIMATE SCALE 1"n 200' 5740CfiUNT?� Qnen 11-r 4100442 8720 5710 HEPWORTH — PAWLAK GEOTECHNICAL, INC. LOCATION OF EXPLORATORY BORINGS Fig. 1 NW -OG -2001 12:57 H -P GEOTEC H P. 11'15 10 15 20 25 30 35 40 BORING 1 ELEV. = 5711' 37/12 22/12 WC -7.6 00=105 50/10 NRC6,9 00-121 —20056 LL.,=28 F1=12 70/3 Note: Explanation of symbols Is shown on Fig. 3. BORING 2 ELEV. = 5706' 22,12 WC=d.8 00=111 31/12 WCa$,3 00-111 11/12 WC=8.2 1:10123 —200=57 12/12 Wiz 70/5 10 15 ........, 25- 5- 30— 30 """`"1 35 40.. Depth — feet 100 442 HEPWORTH — PAWLAK GEOTECHN#CAE,., INC. LOGS OF EXPLORATORY BORINGS Fig. 2 NO0-06-2001 12:58 H -P GEOTECH P.12'15 LEGEND: TOPSOIL; sandy silty clay, organic, firm, slightly moist. dark brawn. CLAY (Ct.); silty, slightly sandy to sandy, very stiff to hard, light brown. CLAY ANO SANO (CL -SC); silty sand layers, medium dense to dense, slightly moist to moist, brawn, stratified. SANDSTONE BEDROCK; weathered and medium hard to hard, slightly moist, brown. Relatively undisturbed drive sample; 2 -inch I.D. California liner sample. 37 12 Drive sample blow count; indicates that 37 blows of a 140 --pound hammer foiling 30 Inches were required to drive the California sampler 12 inches. NOTES: 1. Exploratory borings were drilled on September 8, 2000 with a 4 -inch diameter continuous flight power auger. 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. Elevations of exploratory borings were obtained by 'interpolation between contours on the site plan provided. Logs are drown to depth. 4. The oxplcrutary boring locations and elevations should be considered accurate only to the degree irnpiled by the method used. 5. The lines between materials shown an the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. s. Water level readings shown on the logs were made at the time end under the conditions indicated. Fluctuation in water level may occur with time. 6. No free water was encountered in the borings at the time of drilling. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content ( % ) DD a Dry Density ( pcf ) -200 = Percent passing No. 200 sieve. LL - Liquid Limit ( X ) PI = Plasticity index ( % ) HEPWORTH -- PAWLAK GEOTECHNICAL, INC. LEGEND AND NOTES Fig. 3 NOV-06-2001 12:58 H -P GEOTECH P.13/15 Ig 0 Q 0 Compression — Expansion 7C Moisture Content Z2 7.5 percent Dry Density 105 pcf Sample of: Sandy Silty Clay Prom: Boring 1 at 5 Feet No movement upon wetting 0,1 5 4 3 2 1 0 1 1 0 10 APPUED PRESSURE - ksf 100 Moisture Content - 8.8 percent Dry Density = 111 pcf Sample of: Sandy Clay From: Boring 2 at 5 Feet Expansion upon wetting 0.1 1.0 10 APPLIED PRESSURE -- ksf 100 100 442 HEPWORTH --- PAWLAK CEO ECHNICAL. iNC. SWELL -CONSOLIDATION TEST RESULTS Fig. 4 NOU-06-2001 12:58 H -P GEOTECH P.14/15 tt c .Q toc 0 a_ x a q� U 1 0 2 3 1 Moisture Content - 6.3 percent Dry Density - 111 pcf Sample of: Sandy Silty Clay From; Boring 2 at 10 Feet _ Expansion upon wetting I I T r 7 0.1 1.0 10 100 APPLIED PRESSURE -- ksf 1001 442. HEPW©RTH — PAWLAK GEOTECHNICAL, INC_ SWELL—CQNS0UDAT10N TEST RESULTS Fig. 5 S "dit:101 • • HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE I SUMMARY OF LABORATORY TEST RESULTS • JOB NO. 100 442 SAMPLE LOCATION QRADA/I OI* PL AS T1C F MFX 4441 SOIL BA BECAME c TYPE sandy silty day sandy clay 8.8 6.3 8.2 sandy clay sandy silty clay very sandy clay HD31020 d-3la • RADIA TI ON HAZARD REPORT • • JUN712-2000 10:25 H—P GEOTECH Gtech June 9, 2000 TA'- Do reit* P.O. Box 561 Rifle, Colorado 81650 P.02/04 Ht worth-Pawlak Geoccchr:lcal, Inc. 5OZO Cuunty Road 134 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 910.943.8454 hpgeo@hp2eotech.corn Job No. 100 442 Subject: Gamma Radiation Survey, Proposed 4 Lot Subdivision, North of County Road 259, Garfield County, Colorado. Dear Ms. Patrick' As requested, we have performed a radiation survey at the subject site. The findings and conclusions of our work are presented in this report. The study was conducted in accordance with our agreement for professional services to you, dated May 18, 2000. Proposed Development; We understand that a 4 lot residential subdivision is proposed on the property. The property covers about 36 acres, Single family residences will be constructed on each lot. The structures will Iikely be one and two story wood frame structures over crawlspaces or basement levels. Site Conditions: The area of the proposed development is located at the north end of County Road 259 in Garfield County, Colorado. An irrigation ditch crosses through the property. The property is dominated by sagebrush with a few cottonwood trees along the ditch. The ground surface is gently rolling with slopes up to about 5%. Existing residences are located in the northwest corner and southern portions of the property. Radiation Surrey; A gamma radiation survey was conducted in the development area. on May 30 and 31 and June 3, 2000. Gamma radiation measurements were taken on about 200 foot spacings using a Ludlum Model 3 survey meter and. Ludlum Model 44-9 detector. The readings were taken about 21/2 feet above the ground surface. The survey points and readings are summarized on Fig. 1. The 56 readings ranged from 0.015 to 0.03 millirems per hour with an average of about 0.022 millirems per hour. Background readings at the south end of County Road 259 were 0.025 millirenss per hour. JUN -12-2000 10:25 H -P GEOTECH Terri Patrick June 9, 2000 Page 2 P. 03434 Conclusions: The gamma radiation readings taken at the subject site appear to be _ _. _ . 1 background levels in the area. No mitigation of the radiation should be required. If there are any questions or if we may be of further assistance, please let us know. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC_ Jordy Z. Adamson r Rev. by: SLP JZAiksm attachment cc: High Country Engineering - Attn: Dan Dennison H -P GEOTECH 4 JUN -12-2000 10:26 H -F GEOTECH APPROXIMATE SCALE 1" = 250' DITCH LEGEND PROPERTY BOUNDARY .03 .02 •.025 RADIATION MEASUREMENT MILLIREMS PER HOUR 100 442 .02 1,02 02 EXISTING - MODULAR HOME .02 02 '.025 .025 F.025 .02 r.02 r.015 .02 r.02 HEPWORTN -- PAWLAK GEOTECHNICAL, INC. .02 015 .025 .03 .025 COUNTY ROAD 259 RADIATION SURVEY POINTS P. 04434 Fig. 1 TOT I .04 • WELL PERMITS • • November 29, 2001 • CO Division of Water Resources State Engineer's Office 1313 Sherman St, Rm 818 Denver, CO 80203 RE: Permit Signatures To Whom It May Concern: This letter shall serve as authorization to the Colorado Division of Water Resources to allow Zancanella & Associates, Inc. to sign any well permit applications or additional permitting requirements on our behalf. If you have any questions please contact us at the address listed below. • Address City/State/Zip Telephone aktosign 1.wpd • By: c-Tqf.-79c,k Signature Date Name Title COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone — info: (303) 866-3587 main: (303) 666-3581 fax: (303) 866-3589 http://www.water.state.co.us ENERAL PURPOSE II ater Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black ink. Office Use Only Form GWS -45 (1/2001) 1. Applicant Information -lame of applicant Terri Patrick Mailing address R 0. Box 561 City Rifle State CO Zip code 81650 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ❑ Industrial El Other (describe).. domestic - West Divide ❑ Municipal Contract ❑ Irrigation ❑ Commercial Telephone 0 { )- 7. Well Data (proposed) 2. Type Of Application (check applicable boxes) Maximum pumping rate 15 Annual amount to be xnthdrawn gpm 4.74 acre-feet Construct new well ❑ Replace existing well © Change source (aquifer) ❑ Other. Use existing well ❑ Change or increase use ❑ Reapplication (expired permit) Tolai depth 250 j Aquifer feet Colorado River Alluvium 8. Land On Which Ground Water Will Be Used 3. Refer To (if applicable) well permt s Water Court case Designated Basin Determnation # I Well name or a Well #1 4. Location Of Proposed Well County Garfield SW 1/4 of the SW i/h ton Towmsnlp N or S Range E or W Pnnapal Mendian 92 ❑0 .6th Legal Description (may be provided as an attachment): Silt Heights Subdivision, see attached If used For cro irrigation. attach a scaled map that shows inigated area.) Oistarace at wetl from section lines (section times are lyrpir2Lly not property lines( FL from ❑ N ❑ S Ft. from ❑ E ❑ W For replacement wells only — distance and directon from old well to new well feet direction A. *Acres 36A4 1 B. osier Terri Patrick C. List any other weft or water rights used on this land: Farmers Irrigation Company Ditch 9. Proposed Well Driller License #(optional): 10. Signature Of Applicant(s) Or Authorized Agent Weft location address of appecable) Optional: GPS well location information in UTM Format Required settings for GPS units are as Follows: Format must be UTM Zone oust be 13 Units must be Meters Datum must be NAD27 (CONUSI Unit must be set to true north Were pants averaged? OYES 0 NO NorthingWill provide Fasting as built 5. Parcel On Which Well Will Be Located The making of false statements herein constitutes perjury in the second degree. which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sign here (Must be ariginar agnature) Date Prir��a rr�e title, Office Usenly USGS map name DWR map no. Surface elev. A. Legal Description (may be provided as an attaatmentl: Silt Heights Subdivision, see attached it of acres in parcel 6.44 C. Owner Terri Patrick 0. Will this be the only well on this parcel? ®YES ONO {if no —Fist other wells) E. State Parcel IDs topknot): Receipt area only WE WR CWC6 TOPO MYLAR S&5 DIV WD BA MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone — info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://wmv.waterstate.co.us ENERAL PURPOSE ater Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black ink. 1. Applicant Information -Name of applicant Terri Patrick Mai{ing address P. O. Box 561 City Rifle Slate Zip code ' CO 81650 Telephone tt [ )- 2. Type Of Application (check applicable boxes) Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ Other. 0 Use existing well 0 Change or increase use 0 Reapplication (expired permit) 3. Refer To (if applicable) Office Use Only Form GWS -45 (112001) 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied far. ❑ Industrial ►'� Other (describe): domestic - West Divide ❑ Municipal ❑ Irrigation ❑ Commercial Contract 7. Well Data (proposed) Maximum pumping rale 15 gpm 4.74 Annual amount to be withdrawn acre-feet Total depth 250 feet Aquifer Colorado River Alluvium 8. Land On Which Ground Water Will Be Used Well perrrtl Water Co case Des grated Basin Oeterrrrnation # Wellnarrre Of 1$ I Well#2 4. Location Of Proposed Well County Garfield SW 714 of the SW 1i4 Township N or 5 Range 5 El 92 e orw Pdrtapel Mendian ❑ ri 6th Distance of well fr}m section lines tseCflon lines are typically not property tines; Ft. from ❑ N ❑ S Ft, from (] E [f W For replacemenI wells only - distance and direction from old well to new well feet direction Legal Description (may be provided as an attachment): Silt Heights Subdivision, see attached (If used for crop irrigation, attach a scaled map that shows irrigated area.) A. u Acres I B. Owner 36.44 Terri Patrick C. List any outer welts or water nghts used on thEs land: Farmers Irrigation Company Ditch Weil location address (tf applicable) Optional: GPS well location information in UTM format Required settings for GPS units are as follows: 9. Proposed Well Driller License #(optional): 10. Signature Of Applicant(s) Or Authorized Agent Format must be UTM Zone rust be 13 Units must be Meters Datura must to NAD27 (CONUSY Unit moat be set td true north Were points averaged? OYES 0 NO NonhingWill provide Easling as built The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein. know the contents thereof and state that they are true to my knowledge. Sign neve (Must be original signature) Date Print name & Cilie 14. Office tYse Only 5. Parcel On Which Well Will Be Located A. Legal Description (may be provided as an attamment): Silt Heights Subdivision, see attached gal aces n parcel C. Owner .44 Terri Patrick USGS Trap name DW R map no. Surface etev. D. Will this be the only well on this parcel? YES ONO (if no -list other wells} E. State Parcel IDX (optional): Receipt area only WE WR CWCB TOPo MYLAR SBS olv WD BA MO COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 httpifwww.water.state.co.us PENERAL PURPOSE ater Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black ink. Office Use Only Form GWS -45 (1/2001) 1. Applicant Information Name of applicant Terri Patrick Mailing address P. O. Box 561 City Rifle State Zip code CO 81650 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ❑ Industrial ❑ Municipal ❑ Irrigation ❑ Commercial Other (describe): domestic - West Divide Contract Telephone ( )- 7. Well Data (proposed) 2. Type Of Application (check applicable boxes) Maximum pumping rate 15 Annual a spm 1 4.74 unt to be hdrawn acre-feet Il Construct new well Replace existing well ❑ Change source (aquifer) ❑ Other. ❑ Use existing well Change or increase use ❑ Reapplication (expired permit) Total depdr i Aquifer 250 feet Colorado River Alluvium 8. Land On Which Ground Water Will Be Used 3. Refer To (if applicable) 1 perm( O water Court case Des grated Basin Determination rt • Wed name or Well #3 4. Location Of Proposed Well County Garfield • SE Ua of the SE lf 4 Legal Description (may be provided as an attachment): Silt Heights Subdivision, see attached (If used for crop irrigation, attach a scaled map that shows irrigated area.) On Township 5 N or S Range E or W Principal Meridian ❑ s:+ ' 92 D El 6th Distance of well from section lines (section tines are Ft. from 0N❑S calm Dar Property tines; Ft. from ❑ E 0 W For replacement wells only - distance and direction from ofd well to new well feet direction A. 0 Acres E. Owner 36.44 Terri Patrick C. List any other wells or water nghts used on this land: Farmers Irrigation Company Ditch 9. Proposed Well Driller License #(optional): 0. Signature Of Applicant(s) Or Authorized Agen Welt location address (if applrtabtel Optional: GPS well location information in UTM format Required settings for GPS units are as follows: The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sign here (Must be original signature) Date Format must be UTM Zone must be 13 Units mus( be Meters Datum must be NAD2T (CONUS) Unit mist be set t0 tare north Were points averaged? 'OYES ❑ NO NorthingWilI provide Easting as built t Lgi Pnnl name 8 title 5. Parcel On Which Well Will Be Located A. Legal Description (may be provided as an attachment): Silt Heights Subdivision, see attached Office Ose Only USGS map name DWR reap no. Surface elev. x or acres in pard .44 C. Owner Terri Patrick D. will Ibis be lie only we I on This parcel? ElYES ENO (if n0 -list other weirs) E. State Parcel )ri# (optional): WE WR CWCB T0PO MYrAR sas Receipt area only OIV WO 8A MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone — info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 httpi/www.water.state.co.us NERAL PURPOSE ter Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black ink. Office Use Only Form GWS -45 (112001) 1. Applicant Information Narne of applicant Terri Patrick Mailing address P. O. Box 561 City Rifle Slate Zip code CO 81650 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ❑ industrial ® Other (describe): domestic - West Divide Municipal Contract ❑ Irrigation ❑ Commercial Telephone # ( )- 7. Well Data (proposed) 2. Type Of Application (check applicable boxes) Maximum pumping rale 15 Annual amount to be withdrawn gpm i 4.74 acre-feet Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ Other: ❑ Use existing well Change or increase use ❑ Reapplication (expired permit) Total dept I Aquifer 250 feet ; Colorado River Alluvium 3. Refer To (if applicable) ell permit Wat Court case Designated Basin Determination ft Well name or Weil #4 4. Location Of Pro .used Well 8. Land On Which Ground Water Will Be Used. County Garfield SE, 114 of the SE 114 Legal Description maybe provided as an attachrr nt): Silt Heights Subdivision, see attached Mused for crop irrigation. attach a scaled map that shows irrigated area.) Township 5 N or S Range ❑0 92 E or W Principal Mendtan ❑'+ 6th Distance of wren rrGm section lines (section lines are typically not property lines) r—! FL from ❑ N ❑ S Ft. from ❑ E ❑ W For replacement wells only - distance and direction from cid welt to new well feet direction A. a Acres B. Owner 36.44 Terri Patrick C. l.lst any other wells or water nghts used on this land: Farmers Irrigation Company Ditch 9. Proposed Well Driller License #(optional): 10. Signature Of Applicant(s) Or Authorized Agent Welt location address (if applicablet Optional: GPS well location information in UTM format Required settings for GPS units are as foliows: The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Format rrust be UTM Zone must be 13 Units must be Meters Datum must be NAD27 (CONUS) Unit must be set to true north NarthingWlll provide Easting as built Sign here (Must be original signature) j L�ti�C �i�► G l`L n OL Pnrtt name b htlp Date Office Use Only surface Nev vv ere ppnLs averageu r 1 J T T �.i NU U0,..70 Map [Yam w.. r. .. o.y ..... 1 5. Parcel On Which Well Will Be Located A. Legal Description (may be prodded as an attachment): Silt Heights Subdivision, see attached WE WR TOPO MYt AR Receipt area only DIV WD BA MD likIf of acres In parcel ' C. Owner .44 : TerriPatrickcrvice �. l this be the only well on INS parcel? 0:. YES ONO (lino - list other wellst wd E. State Parcel to#t (option&): sas WETLANDS DELINEATION REPORT • • RECEIVED AUG 1 9 TIS August 10, 2004 Beach Environmental, LLC Ms. Terri Patrick c/o Dan Dennison High Country Engineers 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 715 W. Min Suite 304 Aspen, Co 81611 Tel (970) 925-3475 Fax 925-4754 Re: Wetland Delineation Report - Silt Mesa Dear Terri: At your request, Beach Environmental, LLC has undertaken and completed a wetland evaluation and delineation of the Patrick Property, 1175 Jewel Road, also known as County Road 259, near Silt, Colorado. The attached report is intended to provide you with a summary of our findings and the results of our evaluation of the property for wetland areas. Wetlands were found to exist upon the property in the locations shown on the attached mapping. There were no wetlands along the ditch course that extend. beyond the 50 foot ditch easement except in the area of the small pond. Consequently, prior to construction of any proposed improvements upon the property, you should have the staking of the wetlands surveyed and added to any site plan. If your plans require impact to any portion of the mapped jurisdictional wetlands we can prepare the proper applications to the U.S. Army Corps of Engineers and Garifield County. In order to complete any application I will need a legal description of the property and preliminary plans and designs detailing any proposed road crossing of the wetlands or impacts created by construction or infrastructure or both. Please be aware that no activity, including dredge, fill or vegetation removal can occur within the delineated wetland area without prior receipt of a permit frorn the U.S. Army Corps of Engineers. Garfield County will require proof of a Nationwide or Individual Permit from the Corps prior to granting any permit which may impact wetlands. If we can be of assistance in gaining the proper permits, please give me a call directly. Sincerely, By 0383wetland-report.wpd • • WETLAND DELINEATION REPORT This report and all work completed to delineate wetlands upon the Patrick Property has been completed in accordance with the 1987 "Corps of Engineers Wetlands Delineation Manual." Preliminary field work to identify and evaluate the existence of jurisdictional wetlands was completed on August 5, 2004 and all wetland areas were staked at that time. An work completed was at the request of Ms. Pen -i Patrick, property owner, whose address is 1175 County Road 259 (Jewel Lane), Rifle, Colorado 81650. Property Description, Location and Acreage Evaluated The property evaluated includes approximately 36.4 acres near Silt in Garfield County Colorado. The property is located approximately 3 miles northwest of Silt, Colorado along County Road 259 in Sections 27, 28 and 34 of Township 5 South, Range 92 West of the Sixth Principle Meridian. Please see attached site location map attached as Appendix A to this report. An irrigation water ditch known as the Farmer's Irrigation Company Ditch traverses the property from the south to the north and west and crosses the lower half of the property before leaving the property's west boundary. Wetlands associated with the Patrick Property are associated with this ditch. There is a small pond that receives its water supply from the ditch. The property is populated by upland vegetation including; pasture grasses such as wheatgrass, needle and threadgrass, cheatgrass, crested wheatgrass and timothy, as well as big sage, rabbit brush, plumeless thistle and yellow sweet clover. Vegetation within the ditch alignment, the area of the pond and the topographic lowlands along the irrigation ditch varies from phreatophytic plants including sedge, juncus, and rush to narrow leaf plantain and pasture grasses. The 36.4 acres evaluated contains both upland and wetland communities. As will be described below, several areas upon the property exhibited conditions necessary to support a finding of jurisdictional wetlands. These areas have been staked and mapped and are included in Appendix 13. Narrative Description of Wetlands Evaluated & Delineated The wetland evaluation was undertaken to determine those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. In order to qualify for jurisdictional protection, wetland areas must evidence proper hydrology, a dominance of hydrophytic vegetation, and the • BEACH ENVIRONMENTAL, LLC Patrick Wetland Delineation Report • existence of hydric soils. These three parameters were found on portions of the Patrick Property. • The weather in August was warm with very little precipitation preceding the site reconnaissance. The weather during was clear and sunny with temperatures during the evaluation at approximately 80 degrees Fahrenheit. The days preceding the field work were dry and irrigation ditches crossing the property were carrying water. Neither flood nor drought conditions were noted and man-made manipulations were limited to those impacts created by the irrigation ditch. Of the 36.4 acres, work to delineate wetlands included all portions of the property and specifically the areas along the Farmer's Irrigation Company Ditch, the existing pond and immediately adjacent low land and the open pastures above and below the ditch. The area immediately to the west of the driveway and above of the ditch exhibited none of the parameters necessary to qualify as wetlands and was primarily populated by upland grasses and thistle and the soils were dry and hard. This area (see Appendix B) was determined to be an upland and vegetative cover was estimated at approximately 50% with primarily grass cover and open areas of silty clayey soils. The area below the ditch on the mid -west portion of the property also exhibited similar upland characteristics except this land receives irrigation water from the ditch and has a higher level of vegetative cover. The vegetation in this area was still green while the grasses on many other parts of the property had started to dry up. The ditch was carrying water and diversions from the ditch into the small pond saturated the soils adjacent to the ditch. Immediately adjacent to the pond the soils went from moist to saturated and covered with a thick layer of vegetation including Nebraska sedge (Carex nebrascensis), Colorado juncus (Juncus confusus), Merten's rush (Juncus mertensianus) and Tracy's rush (Juncus tracyi). Grasses along the water way included timothy, wheatgrass, barley, and crested wheatgrass. The sedge and rushes were found in the vicinity of the pond and along the ditch banks within 2-3 feet of the edge of the water line. These grasslike plants are typical to wetland areas and are commonly classified as obligate and facultative wet species. In order to facilitate an accurate delineation and evaluation of the wetland area, Beach Environmental staked the jurisdictional wetland boundaries of the pond and the lowland areas adjacent to it. Beach Environmental then established additional wetland boundaries in areas immediately adjacent to the pond and the ditch. Stakes and/or flags were placed at the vegetative break point between the wetlands and the upland areas and this break was very well defined. Flags were also placed in several locations along the ditch but no wetlands were identified beyond the ditch banks except in • BEACH ENVIRONMENTAL, LLC Patrick Weiland Delineation Report Page 2 • 1 the area of the pond. Contained within this staked area were saturated soils, hydrophytic vegetation and decomposing organic materials, flowing water and soils that supported a finding of reduction of minerals. At this point, a finding of jurisdictional wetlands at this site was believed to exist and soil pits were completed at three locations within the wetland areas. These pits are identified on the mapping included as Appendix B. Soils within the drainage way were analyzed and had a consistency which supported a finding of silty clay soils. Iron reduction was apparent in the A Horizon through to a full depth of 16 inches. Justification for Wetland Boundaries The wetland boundaries indicated on the attached drawing were staked and confirmed by Beach Environmental. Wetland boundaries were established and staked in the field by Zac Matthews at limits defined by conditions including hydrologic, vegetative and topographic break paints. These points were subsequently confirmed by Beach principal and environmental engineer Gary Beach. The entire area within the delineated boundary of the wetland contained the proper hydrology, a dominance of phreatophytic vegetation and hydric soils. Consequently, it was determined that all three necessary characteristics of a jurisdictional wetlands were present in the area of the pond based on both primary and secondary indicators. One secondary indicator for the soils is the peraquic conditions noted during the field investigations. Such anaerobic soil conditions are found within the development cycle of hydric soils and can be used to determine the existence of this parameter. Vegetation included sedge, rush and juncus as dominant species and water from the ditch provided the proper hydrologic regime. Existing Field Conditions The Patrick Property contains uplands, transitional areas and both jurisdictional and non - jurisdictional wetlands. The lands below the ditch to the west have been pastured, irrigated and grazed of hay grasses. The areas immediately above the ditch have not been irrigated and vegetation is a mix of pasture and dryland grasses. Areas within the ditch have not been recently disturbed and the ditch banks support both pasture grasses and sedges. Areas surrounding the pond have not been grazed nor have they been disturbed and have a thick vegetative covering of Nebraska Sedge, Colorado Juncus and rush. Hydrologic Source The source of water for all wetland areas delineated appears to come from irrigation diversions, ditch seepage and irrigation return flows. The property above the ditch BEACH ENVIRONMENTAL, LLC Patrick Wetland Delineation Report Page 3 1 receives only natural precipitation and as a result the land is currently dry and vegetative cover is much less than in areas receiving water from the ditch. Plant Communities Noted The property is located in an historically agricultural area of Garfield County. A small portion of the property has been historically irrigated. There are several small areas where plumeless and Canadian thistle exist but the dominant vegetative communities upon the property include common pasture grasses such as wheatgrass (Agropyron tracycalurn), timothy (Phleum pratense), needle and threadgrass (Stipa comata), and foxtail barley (Hordeum jubatum). The vegetative community of the delineated wetlands includes and Nebraska sedge (Carex nebrascensis), Merten's rush (Juncus mertensianus), Creeping Spikerush (Eleocharis macrostachya), and Colorado juncus (Juncus confusus), and grasses including Timothy (Phleum pratense) and slender wheatgrass (Agropyron trachycaulum). There was no shrub layer of vegetation within the wetlands. The wetland indicator status of the sedges and rushes contained on site is obligate. The indicator status of the spikerush is obligate. Consequently, the dominant vegetative species within the wetland boundary have a 67% to 99% probability of occurrence in wetlands. Soil Description and Mapped Area The soils of the area have been mapped by the U.S. Department of Agriculture and are included in the Soil Survey of Rifle Area, Colorado, Sheet 10. This mapping confirms soils and conditions noted at the Patrick property and includes soils comprised primarily of Potts Ioam on slopes approximating 3% - 6%. The Potts soil is deep and well drained and is formed in alluvium derived dominantly from sandstone, shale and Basalt. Permeability is moderate and available water capacity is high. Water was found to within three inches of the surface in soil pits in wetland areas. These soils are used for dryland and irrigated pastures such as found on the Patrick property. Observed colors for the soils within the wetland area ranged between brown to dark grey/brown throughout. A cut of these soils indicated the upper horizon color, chroma and hue to be (7.5YR 6/6) sandy loam, which appeared as a dark brown (10.5YR 6/5) when moistened. The soil when moistened was soft, very friable and mildly silty. A Munsell Soil Color Chart was used to determine color, chroma and hue and mottle color was determined to be 7.5YR 5/6. Reduction of iron was present at just below the surface throughout the sample. A high level of organic content was found to approximately 11" in the pits adjacent to the wetland areas. BEACH ENVIRONMENTAL, LLC Patrick Wetland Delineation Report Page 4 • • Observed Interstate or Foreign Commerce Connection No connection to any interstate or foreign commerce was noted, including; no recreation or other use by travelers; no sale of fish, shellfish or other aquatics appeared to be possible; and there was no industrial, agricultural or commercial use of the Patrick Property being made at the time of the wetland evaluation/delineation. Waters of the United States There were no navigable water ways, and no special aquatic sites (except wetlands) noted on the property. The Farmer's Irrigation Company Ditch traverses the property and receives its supply from Harvey Gap Reservoir (a.k.a. Grass Valley Reservoir), a federal water storage project. The ditch appeared to be in good condition and to have been maintained in accordance with local custom and standards. There was no indication of any waterfowl or other migratory birds upon the property. The small pond, which is fed by the ditch, was not being used by any water fowl at the time of the site reconnaissance. Contact Information Ms. Terri Patrick 1175 County Road 259 Rifle, Colorado 81650 970-625-2534 Report completion date: August 10, 2004 Completed by: Zac Matthews, Delineator Gary L. Beach, CES, CEI, RWS Beach Environmental, LLC 715 West Main Street Suite 304 Aspen, Colorado 81611 970-925-3475 Email to: gary @ beac h re so u rce.c o m BEACI-I ENVIRONMENTAL, LLC Patrick Wetland Delineation Report Page 5 � Appendix A Vicinity Map • • 107°48'00" W TOPO1 reap printed on 08/10/04 from "Colorado.tpo" and "unttled.tpg" 107°46'00" W 107°44'00" W 107°42'00" W 107°40'00" W WGS84 107°37'00" W • • 963B'00 OZEMIU 107°48'00" W TNMbi nx� 107°46400' W 107°4400" W 0.0 as 1.0 15 0 1 2 3 107°42'00" W 0 2.5 3.0 4 Map created with T0P0i1302003 National Geographic ( 107°4000" W _5 mites 5 kra rationalgeogaplve.comhopo) WGS84 107°3700" W C ++ l :4EiMDMM L" +1 l ['erraServer Image Courtesy of the USGS hup://www.terraserverusa.com/printimage.aspx7r=l&S... Send To Printer Back To TerraServer Change to 11x17 Print Size Show Grid Lines Change to Landscape USGS 8 km NE of Rifle, Colorado, United States 20 Sep 1993. 8/10/2004 4:06 PM. Appendix B Wetlands Boundary Map 0 > 0 z 0 0 • • Appendix C Site Photographs • • PATRICK WETLANDS DELINEATION View south towards pond of wetland View west of pond PATRICK WETLANDS DELINEATION View of Fanner's Irrigation Company Ditch Iron reduction in soil PATRICK WETLANDS DELINEATION View of wetlands adjacent to pond below ditch Wetland and upland vegetation along ditch • • PATRICK WETLANDS DELINEATION Soil Pit No. 1 View south from Patrick Horne PATRICK WETLANDS DELINEATION View of wetlands west of pond • 0 WILDLIFE REPORT • BEATTIE NATURAL RESOURCES CONSULTING, INC. Kirk H. Beattie, Ph.D. 1546 E. 12th Street Rifle, CO 81650 e-mail: Beattie@imageline.com WILDLIFE REPORT FOR THE PROPOSED SILT HEIGHTS SUBDIVISION Prepared for High Country Engineering 923 Cooper Avenue Glenwood Springs, CO 81601 Prepared by Office: 970-625-0599 Fax: 970-625-0600 Home: 970-625-0598 Cellular: 970-379-1451 Kirk H. Beattie, Ph.D. Beattie Natural Resources Consulting, Inc. 1546 E. 12th Street Rifle, CO 81650 August 2000 Wildlife Report for Silt Heights Subdivision Page i TABLE OF CONTENTS Page 1 Introduction 1 Description of Area 2 Wildlife Field Survey 2 Interview with Terri Patrick 3 Interview with Don Crane 5 Wildlife Information From NDIS 6 Amphibians 7 Reptiles 9 Mammals 13 Birds 15 Threatened and Endangered Species 16 Dogs and Pet Control 18 Fences 18 Garbage, Trash and Compost Containers 18 Additional Restrictions/Requirements 18 Indemnification 19 Disposal of Animal Carcasses 19 Securing hay 19 Skunk and Raccoon Denning Areas 19 Enforcement of Provisions by HOA 21 Summary of Wildlife Impacts Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page ii TABLE OF CONTENTS (continued) Page 24 Literature Cited 25 Tables Fl Figures Beattie Natural Resources Consulting, Inc. August, 2000 • Wildlife Report for Silt Heights Subdivision Page iii LIST OF TABLES Page 25 Table 1. Species of amphibians for which existing or potential suitable habitat exists on Silt Heights Subdivision as reported by the Natural Diversity information Source. The status of individual species is also provided. 26 Table 2. Species of reptiles for which existing or potential suitable habitat exists on Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided. 27 Table 3. Species of mammals for which existing or potential suitable habitat exists on the proposed Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided. 29 Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided. 33 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern. 36 Table 6. Federal threatened and endangered species reported for Colorado. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page iv LIST OF FIGURES Page F1 Figure 1. Vicinity map showing location of the proposed Silt Heights Subdivision in relationship to Silt, Colorado. F2 Figure 2. Letter written by former DWM Don Crane concerning the proposed Silt Heights Subdivision. F3 Figure 3. Lot layout for the proposed Silt Heights Subdivision. F4 Figure 4. Natural Diversity Information Source (NDIS) mapped suitable habitat for the canyon treefrog on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F5 Figure 5. Natural Diversity Information Source (NDIS) mapped suitable habitat for the northern leopard frog on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F6 Figure 6. Natural Diversity Information Source (NDIS) mapped suitable habitat for the midget faded rattlesnake on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F7 Figure 7. Natural Diversity Information Source (NDIS) mapped suitable habitat for the whooping crane on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F8 Figure 8. Natural Diversity Information Source (NDIS) mapped suitable habitat for the Mexican spotted owl on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F9 Figure 9. Natural Diversity Information Source (NDIS) mapped suitable habitat for the southwestern willow flycatcher on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F10 Figure 10. Natural Diversity Information Source (NDIS) mapped suitable habitat for the peregrine falcon on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page v LIST OF FIGURES (continued) Page F11 Figure 11. Natural Diversity Information Source (NDIS) mapped suitable habitat for the bald eagle on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F12 Figure 12. Natural Diversity Information Source (NDIS) mapped suitable habitat for Botta"s pocket gopher on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F13 Figure 13. Natural Diversity Information Source (NDIS) mapped activity areas for the mule deer on the proposed Silt Heights Subdivision, The proposed subdivision is demarcated by the inscribed interior rectangle. F14 Figure 14. Natural Diversity Information Source (NDIS) mapped winter activity areas for the mule deer on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. IP F15 Figure 15. Colorado Division of Wildlife lynx potential habitat map (Source: www.ndis.nrel.colostate.edulexcoplimageslmaps Ilynxmap.jpg). • Beattie Natural Resources Consulting, inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 1 INTRODUCTION Terri Patrick has proposed development of Silt Heights Subdivision to the northwest of Silt, Colorado (Fig. 1). The proposed development would allow for 4 Tots on 36.4 acres of land (Fig. 3). Colorado Division of Wildlife (CDOW) former District Wildlife Manager Don Crane recommended to the Garfield County Planning Department that a wildlife consultant be retained to evaluate the impacts of the development on wildlife and to minimize wildlife -related problems (Fig. 2). High Country Engineering requested that I prepare a wildlife report for the proposed subdivision. DESCRIPTION OF AREA The proposed subdivision occurs in a portion of Sections 27, 28 and 34, T5S, R92W, 6th Principal Meridian, Garfield County, Colorado. The location of the development is at the termination of County Road 259 approximately 3 miles northwest of Silt, Colorado. The land is gently/moderately sloping to flat and has been used historically for grazing by horses and cattle. The elevation is approximately 5,700 feet. Approximately 55% of the property consists of vegetation dominated by sagebrush, rabbitbrush, and greasewood. Sagebrush height varies from 6-7 feet on the southern portion of Lot 1 to 1.5 to 2.5 feet on Lots 2 and 3. Tamarisk trees are scattered among the sagebrush on Lot 1. Approximately 35% of the proposed development contains nonirrigated grasslands dominated by cheatgrass. The western portion of Lot 3 consists of irrigated grassland comprised of timothy, clover, and wet -meadow grasses. An irrigation ditch enters the property on the western boundary of Lot 4 and meanders through Lots 2, 3 and 4. A small diversion gate on the irrigation ditch is used to flood irrigate the western Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 2 portion of Lot 3 (Fig. 3). Water flowing from the diversion gate is also used to supply a small (110 ' x 45') pond located near the southern boundary of Lot 3. A residence and outbuilding are located on Lot 4. The entire property is surround by a barbed wire fence. Trees are generally absent on the property. Four plains cottonwood trees occur on Lot 1 and a single large plains cottonwood occurs adjacent to the pond on Lot 3. Three Siberian elm trees occur adjacent to the irrigation ditch on Lot 3. WILDLIFE FIELD SURVEY !conducted a wildlife field survey on the 36 -acre property from 0630 to 0830 on August 20, 2000. No reptiles or amphibians were observed. The only mammal sighted was the cottontail rabbit (7 individuals). l found evidence (droppings) of prior use by mule deer. One old group of elk pellets was found on Lot 2. Three skunk denning sites (burrows) occur on Lots 1 and 2. Birds observed were the rufous hummingbird, killdeer, black -billed magpie, common grackle, mourning dove, European starling, western meadowlark, American kestrel, mallard, tree swallow, and Vesper sparrow. INTERVIEW WITH TERRI PATRICK Landowner/developer Terri Patrick has lived on the proposed subdivision for approximately three years. She lives in a house located on Lot 4. I interviewed her on August 20, 2000 and questioned her about wildlife she had observed on the property. Ms. Patrick reported that frogs move to the pond on Lot 3 when it is being filled by water from the irrigation ditch. Based on a photograph l showed her, Ms. Patrick identified the species as the northern leopard frog. Ms. Patrick has not observed other species of Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 3 amphibians on the property. She has seen two species of reptiles: the eastern fence lizard and water snake. Mammals observed over the past three years include the mule deer, bats, jackrabbit, skunk, coyote, and red fox. Deer apparently use the area primarily during the winter. Although I found one old group of elk pellets, Ms. Patrick did not report seeing elk on her property. Birds sighted and/or heard by Ms. Patrick include swallows, ring -neck pheasant, mallard, bluebird, hummingbird, vulture, and wild turkey. INTERVIEW WITH DON CRANE Prior to his recent retirement, Don Crane was a District Wildlife Manager for the Colorado Division of Wildlife and had administrative responsibility for the area encompassing the proposed Silt Heights Subdivision. Since 1984, Mr. Crane has lived in a house located approximately 2 miles southeast of the proposed subdivision. On May 26, 2000 I interviewed Mr. Crane and asked him questions about wildlife on a proposed 78 -acre development (Mamm's View Subdivision) to the northwest of his residence. Because of the relatively close proximity of the Silt Heights Subdivision to the Mamm's View Subdivision (they are 1.25 miles apart), I will discuss some of the interview results as they may generalize to the Silt Heights Subdivision. Mr. Crane reported that he had not seen amphibians in wetland areas and drainage areas in this area of Silt Mesa. He has observed various species of snakes (water snake, gopher snake, and garter snake). DWM Crane reported that common birds in the area include the magpie, western meadowlark, western kingbird, American robin, starling, red -winged blackbird, turkey vulture, ring-necked pheasant, pigeon, and crow. Common mammals in the area include the cottontail rabbit, mule deer, red fox, Beattie Natural Resources Consulting, inc. August, 2000 Wildlife Report for Silt Heights SubdivisionPage 4 striped skunk, raccoon, and various species of small rodents (e.g. house mouse, deer • mouse, meadow vole, thirteen -lined ground squirrel). asked DWM Crane about concerns, primarily wildlife -related, he had about the proposed Mamm's View Subdivision. l believe that his concerns would apply to the Silt Heights Subdivision. He had the following suggestions and remarks: 1. Fences installed around lots should not entangle deer. 2. Residents of the subdivision need to be aware that the CDOW does not compensate homeowners who have damage caused by wildlife to landscape plants and gardens. 3. If a homeowner has a horse and stores hay during the winter, the hay should not be accessible to deer. 4. Dogs need to be confined or controlled. 5. Junk vehicles, construction scrap piles, discarded appliances, and similar items should not be allowed since they can draw skunks. 6. Household trash should be secured to reduce problems with raccoons and skunks. 7. All utilities should be buried. 8. The only horses allowed should be mares and geldings (no stud horses). I will address Mr. Crane's suggestions later in this report. asked DWM Crane if development would impact any federal or state threatened or endangered wildlife or Colorado species of special concern. In his opinion, the subdivision will not affect any threatened, endangered, or special concern species. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 5 WILDLIFE INFORMATION FROM NDIS Databases accessed for preparation of this report included the Natural Diversity Information Source (NDIS) and the System for Conservation Planning (SCOP) [www.ndis.nrel.colostate.edu]. NDIS and SCoP are a collaborative effort of the Colorado Division of Wildlife, the Colorado Department of Natural Resources, the Colorado Natural Heritage Program, and Colorado State University. SCOP provides maps of activity areas of wildlife species, maps of element occurrences (e.g. species, subspecies, populations, natural communities), maps of conservation sites, and maps of suitable habitat. Habitat suitability maps are created by dividing land in a county into 100 X 100 meter cells and determining if a species has an affinity for the vegetation cover in a cell, if the cell is within the elevation range of the species, and if the cell is sufficiently close to water for species that require access to free water, such as ponds, steams, and lakes. It is important to note that although suitable habitat may exist for a species in a particular area, this habitat may not be occupied by the species. 1 selected a user -defined area slightly larger than the proposed subdivision and had NDIS generate a list of amphibians, reptiles, birds, and mammals for which existing or potentially suitable habitat is reported to occur on the proposed subdivision. Universal Transverse Mercator (UTM) coordinates selected to define the search area were N 4384880 E 266916, N 4384880 E 267238, N 4384357 E 266916, and N 4384357 E 267238. Tables 1-4 list species of amphibians, reptiles, mammals, and birds, respectively, for which suitable habitat is reported to exist on the Silt Heights Subdivision. Tables 1-4 do not list all species of wildlife which utilize the proposed subdivision. NDIS generates information about selected species in an area and Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 6 emphasizes endangered, threatened, rare, imperiled and uncommon wildlife. The • presence of suitable habitat for a species on the project area does not necessarily lead to the conclusion that the species occurs on the site. • Amphibians NDIS identified suitable habitat on the proposed subdivision for the following species of amphibians: canyon treefrog, Great Basin spadefoot, New Mexico spadefoot, northern leopard frog, red -spotted toad, and boreal toad (Table 1). 1 did not see or hear any amphibians near the pond, in the wetland adjacent to the pond, or along the ditch edges of the proposed subdivision. Ms. Patrick reported seeing the northern leopard frog on the property. DWM Don Crane has not encountered any of the NDIS-selected species in the general area of the subdivision. NDIS identified suitable habitat for the canyon treefrog on the northern portion of the proposed subdivision (Fig 4). The canyon treefrog is a state species of special concern. The canyon treefrog occurs along intermittent streams in deep rocky canyons. Scattered cottonwood trees often occur along inhabited stream courses and pinyon - juniper woodland occurs on the canyon slopes. These habitat features do not occur on the proposed development. In addition, the canyon treefrog has not been reported to occur on Silt Mesa (Hammerson 1985:34). This species is known to occur in western Colorado along the south rim of the Colorado River valley west of Grand Junction and in John Brown Canyon (Mesa County). Development of the Silt Heights Subdivision will not impact the canyon treefrog. The boreal toad is a high elevation (7,000 feet - 12,900 feet) toad that lives in suitable habitat in lodgepole pine, spruce -fir forests and alpine meadow areas. It has Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 7 been found in shallow water or among sedges and shrubby willows where the soil is damp or wet. The proposed development site does not contain the habitat features required by the boreal toad and is below the lower elevational limits at which the boreal toad is found. Don Crane reported that the boreal toad does not occur on Silt Mesa. The northern leopard frog is a state species of special concern. ND1S mapped suitable habitat for this species on the proposed Silt Heights Subdivision (Fig. 5). The northern leopard frog typically inhabits the banks and shallow portions of marshes, ponds, lakes, reservoirs, beaver ponds, streams and other bodies of permanent water, especially those having rooted aquatic vegetation. It also inhabits irrigation ditches and wet meadows. Landowner/developer Terri Patrick reported seeing leopard frogs in/near the small pond located on Lot 3. Development of the Silt Heights Subdivision will not have a significant impact on the northern leopard frog if the irrigation ditch is left intact, if 41111 the small pond is kept in its present state, and if the small wetland adjacent (northeast) to the pond is retained. Reptiles ND1S identified suitable habitat on the proposed subdivision for the following species of reptiles: eastern fence lizard, many -lined skink, midget -faded rattlesnake, milk snake, racer, short horned lizard, longnose leopard lizard, night snake, and southwestern blackhead snake (Table 2). I did not observe any reptiles during my wildlife field survey and, with the exception of the eastern fence lizard, I would not expect the above species to occur on the site. Ms. Patrick reported seeing water snakes and the eastern fence lizard on the property. DWM crane reported having seen garter, water, and gopher snakes in the general area. The eastern fence lizard, garter Beattie Natural Resources Consulting, Inc. August, 2000 WildlifeReport for Silt Heights Subdivision Page 8 snake, water snake, and gopher snake are not considered endangered, threatened, or of special state concern. The midget -faded rattlesnake is a state species of special concern. NDIS mapped the entire proposed development as being suitable habitat for this species (Fig, 6). The snake is one of two subspecies of rattlesnakes in Colorado (the other subspecies is the prairie rattlesnake). Rattlesnakes occur in virtually every terrestrial habitat within its broad geographic and elevational range in Colorado. Typical habitats include plains grasslands, sandhills, mountain and semidesert shrublands, sagebrush, riparian vegetation, pinyon -juniper woodlands, and open coniferous forests. Ms. Patrick has spent hundreds of hours walking on her property and has never seen a rattlesnake. Don Crane never saw a rattlesnake near the proposed development in the 16 years he lived in the area. Although Silt Heights Subdivision contains habitat suitable for the midget -faded rattlesnake, in my opinion the species does not inhabit the area and thus will not be affected by development. NDIS identified suitable habitat for the southwestern blackhead snake on the proposed Silt Heights Subdivision. This reptile is a state species of special concern. It is known to occur along the edge of the Grand Valley in west -central Colorado but has not been reported for Silt Mesa. It has been previously found in the mouths of large canyons in areas dominated by sandy, rock -laden soils and dryland shrubs (e.g. sagebrush, greasewood, saltbrush). Neither Ms. Patrick nor Don Crane have observed this species in the general area encompassing the proposed subdivision. Although Silt Heights Subdivision contains habitat suitable for the southwestern blackhead snake, in Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 9 my opinion the species does not inhabit the area and thus will not be affected by development. Mammals NDIS identified suitable habitat on Silt Heights Subdivision for 34 species of mammals (Table 3). Black bears are rarely sighted in the area and mountain lion occurrences are extremely rate. DWM Crane did not foresee any potential conflicts between residents of the proposed subdivision and bears and lions. Suitable habitat is mapped for Botta's pocket gopher (Fig. 12) and the northern pocket gopher. 1 did not observe these species or see evidence of their presence on the proposed subdivision (e.g. complex burrow systems, conspicuous earthen ridges). • According to Fitzgerald et al. (1994:203, 206), Botta's pocket gopher does not occur in Garfield County and the northern pocket gopher does not occur in the area encompassing the proposed subdivision. It is not likely that the dwarf shrew occurs on the site. The dwarf shrew, Colorado's smallest -bodied mammal, is typically found at higher elevations (above 5,500 feet). It is possible that masked, desert and Merriam's shrews occur in the area. None are considered endangered, threatened, or state species of special concern. Suitable habitat on the proposed subdivision was identified for the least chipmunk. Least chipmunks excavate burrows beneath tree roots, fallen logs, or rocks and bushes, and also use these areas for feeding platforms and observation posts. Some of these habitat features are present on Silt Heights Subdivision. I did not 41, observe the least chipmunk during my field survey and Ms. Patrick has not observed Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 10 chipmunks during the three years she has lived on the property. Although suitable habitat exists, my opinion is that the least chipmunk does not occur on the site but occurs at higher elevations. NDIS identified suitable habitat for 6 species of bats: spotted bat, Townsend's big -eared bat, Yuma myotis, big free -tailed bat, Brazilian free -tailed bat, and fringed myotis. The spotted bat is restricted to extreme northwestern Colorado, the Yuma myotis occurs west of the proposed subdivision, and Townsend's big -eared bat occupies the western one-half of Colorado. Habitat for the Brazilian free -tailed bat occurs north and south of the Colorado River in Garfield County. The big free -tailed bat has not been reported for Garfield County (Fitzgerald et al. 1994:129). Only five scattered records exist from Mesa, Otero, El Paso, Gunnison, and Weld counties. The fringed myotis has not been reported for the area encompassing the proposed 40 development. Bats use caves, mines, buildings, woodpiles, rockpiles, and trees for day and night roosting sites. The general absence of these features on the site of the proposed subdivision reduces the importance of this area to bats for roosting habitat. Although Ms. Patrick has not observed bats in the area, DWM Crane has observed bats over the years feeding in the general area. They are likely big and little brown bats. Development of Silt Heights Subdivision will not have a noticeable impact on bats. Endangered/threatened mammals for which NDIS identified suitable habitat are the northern river otter, kit fox, and lynx. The northern river otter does not occur on the property. The kit fox can be found in extreme southwestern Garfield County along the Utah border but does not occur on Silt Mesa. The Canada lynx is a federally threatened Beattie Natural Resources Consulting, Inc. August, 2000 • Wildlife Report for Silt Heights Subdivision Page 11 and Colorado endangered species. Colorado is on the southern edge of historic Iynx range, and before reintroduction in 1999, there had been no confirmed sightings in the state since 1973. Forty-one lynx were released near Pagosa Springs in February 1999 and an additional release was made in the same area this past winter. Some of the male Iynx wandered as far as New Mexico, Wyoming, and Nebraska, In the southern Rocky Mountains, lynx are found predominantly above 7,800 feet. Vegetation affinities include aspen, spruce fir, spruce -fir clearcuts, Douglas fir, blue spruce, lodgepole pine clearcuts, limber pine, white fir, bristlecone pine, mixed conifer, mixed forest, and shrub tundra. The proposed Silt Heights Subdivision is below the elevation at which Iynx occur in Colorado and odes not contain the vegetation types associated with lynx habitat. In addition, the proposed Silt Heights Subdivision lies outside of potential lynx habitat identified by the CDOW (Fig, 15). Development of Silt Heights Subdivision will have no direct impact on lynx or lynx habitat. It is likely that the house mouse, deer mouse, and meadow vole occur on the proposed subdivision. The deer mouse and meadow vole probably occur near the pond, in and near the wet meadow area to the west of the pond, and along the irrigation ditch. None of these mammals are considered threatened, endangered, or of special state concern. NDIS identified suitable habitat for the following small mammals of state special concern: silky pocket mouse, western harvest mouse, white-tailed antelope squirrel, and white -throated woodrat. The silky pocket mouse is generally not found in the western one-half of Colorado. Historical range of the western harvest mouse and white-tailed antelope squirrel is southwest of the proposed development. The white -throated Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Pa a 12 woodrat is largely confined to southeastern and southwestern Colorado. in my opinion, development of Silt Heights Subdivision will have no significant impact on the aforementioned small mammals of state special concern. Mule deer use the site, primarily during the winter. The area is considered deer overall range, deer winter range, and a deer resident population area (Figs. 13, 14). The site for the proposed subdivision does not constitute critical mule deer habitat (Figs. 13, 14). Mule deer will be affected to some degree by development. Movement through the subdivision and use of the area for feeding and bedding will be reduced. The impact on mule deer can be lessened by retaining native vegetation, particularly sagebrush, on those portions of lots not developed into residences, lawns and outbuildings, and entrance roads. Mule deer will continue to feed at night on vegetation in the subdivision following development. Elk occur in the area very rarely during unusually severe winters. Don Crane did not foresee any impact in the general area of the development on elk. Development of Silt Heights Subdivision will not have a significant impact on critical habitat for any mammal species. It does not support a large diversity of mammal species or a Targe number of individuals. The key to lessening impact on mammals in the development is to retain natural areas outside of residences, lawns and outbuildings, and driveways. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 13 Birds NDIS identified suitable habitat on the proposed subdivision for 73 species of birds (Table 4). 1 will first address species which are classified as federally or state threatened or endangered, or are considered state species of special concern. The bald eagle is a federal and state threatened species. Bald eagles can commonly be seen flying over the Colorado River and can be seen perched on tall cottonwood trees along the Colorado River during the winter. However, they do not use the proposed subdivision site. Don Crane has occasionally seen bald eagles flying over but not landing in the general area of the proposed subdivision. Ms. Patrick has never seen a bald eagle in the vicinity of the proposed Silt Heights Subdivision. Barrow's goldeneye is a state species of special concern. It is a rare winter resident and spring and fall migrant in western valleys. In some years it may be locally uncommon along the Colorado River and its tributaries. Barrow's goldeneye prefers reservoirs, rivers, and mountain ponds. Silt Heights Subdivision will have no impact on Barrow's goldeneye. The ferruginous hawk, a state species of special concern, is common in winter in eastern Colorado but is rare or uncommon in other areas and seasons. It may occasionally be seen during migration in Garfield County. Don Crane has not observed the ferruginous hawk near the proposed subdivision. The greater sandhill crane is a state species of special concern. Don Crane has observed sandhill cranes in the area over the years but considers them very uncommon. Ms. Patrick has never observed cranes on the proposed Silt Heights Subdivision. Beattie Natural Resources Consulting, inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 14 NDIS identified suitable habitat for the federally and state threatened Mexican spotted owl on the site (Fig. 8). This species occupies two distinct habitat types in Colorado. The first consists of Targe, steep canyons with exposed cliffs and dense, old growth mixed coniferous forests. The second consists of canyons in pinyon -juniper areas with small and widely scattered patches of Douglas fir. Summer roosting sites are in a cool microclimate, generally with a closed canopy and/or on a north -facing slope. All known Colorado nesting sites consist of small scrapes in caves or crevices on steep cliff faces. Although NDIS mapped suitable habitat (presumably prey habitat) for the spotted owl on the proposed subdivision, the species does not occur in the area. Don Crane has not observed the Mexican spotted owl in the area. Habitat for the sage grouse, Tong -billed curlew, and mountain plover, state species of special concern, was identified on the site. None of these species occur in the area as a resident or as a migrant. The southwestern willow flycatcher (SWWF) is a federal and Colorado endangered species (Fig. 9). The SWWF is a riparian obligate, nesting only in dense, mesic riparian habitats, particularly areas dominated by willows. Willows do not occur on the proposed Silt Heights Subdivision. I have observed the SWWF along the Colorado River between Rifle and Silt. The absence of dense riparian habitat dominated by willows on the proposed subdivision precludes nesting by the SWWF on the property. NDIS identified suitable habitat for the state -threatened western burrowing owl on the proposed subdivision. The owl is called a "burrowing owl" because it nest and roosts in abandoned burrows dug by mammals, especially prairie dogs. Burrowing owls Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Re ort for Silt Mei hts Subdivision Pa : e 15 strongly prefer burrows in active black -tailed prairie dog towns. The burrowing owl is a • winter visitor in eastern Colorado and a summer resident in extreme southern Garfield County. It does not occur in the vicinity of the proposed Silt Heights Subdivision. The whooping crane (Fig. 7) is a federal and Colorado endangered species. It is an uncommon spring and fall migrant in the San Luis Valley and is a casual migrant on the eastern plains. Although Garfield County lies outside of areas of fairly common migrational sightings in Colorado, I observed a single whooping crane 6 years ago in a marsh south of the Colorado River between Silt and Rifle. Don Crane has not observed whooping cranes on Silt Mesa. Development of Silt Heights Subdivision will primarily affect bird species associated with grassland and sagebrush habitat (e.g. ring-necked pheasant, western meadowlark, vesper sparrow). Grasslandfhayiand is abundant on Silt Mesa and sagebrush habitat is scattered along the northern fringes of Silt Mesa. Displaced birds can easily find suitable habitat. If natural areas outside of building envelopes, lawns and outbuildings, and driveways on Tots in the Silt Heights Subdivision are not converted to other vegetative types, bird species currently utilizing the property will utilize these natural areas. • THREATENED AND ENDANGERED SPECIES Colorado endangered, threatened and wildlife species of special concern are listed in Table 5. Federal threatened and endangered species reported for Colorado are listed in Table 6. After reviewing available information and reports, conducting a wildlife field survey, and interviewing former DWM Don Crane, I do not believe there are Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 16 any federal or Colorado threatened or endangered vertebrates, or Colorado species of • special concern, which would be negatively impacted by the proposed subdivision. • DOGS AND PET CONTROL Free -roaming dogs can have a substantial impact on deer. Free -roaming dogs include dogs normally around residences and occasionally wandering off and feral dogs (domesticated at one time but now semi -wild or wild). Free -roaming dogs can injure, disable and kill deer. Dog chases can also result in aborted young and a weakened physical condition in deer. It is necessary that dogs be controlled in the subdivision for the safety of residents and to curb harassment and killing of wildlife. recommend the following control measures for Silt Heights Subdivision: A. No dwelling unit should house more than three dogs and offspring up to three months of age. I have previously seen recommendations for subdivisions in Garfield County that limit dogs to one per household. Dogs are an important part of life for many people and I think it is important to allow up to three dogs per household. Properly controlled or confined, dogs will not affect wildlife. B. At no time should dogs be allowed to run freely outside of a dog owner's lot. C. When outside a resident's lot on Silt Heights Subdivision, dogs should be leashed (dogs being transported into and out of the subdivision by motor vehicle would obviously not be required to be leashed. D. When outside the residence on an owner's lot, dogs should be controlled by: 1. Confinement in an area bound by an aboveground fence; 2. Confinement in a kennel; Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Re ' ort for Silt Hei hts Subdivision Pa e 7 3. Confinement in an area bounded by an invisible electric fence attached to a dwelling unit; 4. A leash; or 5. Attachment by a tether to a fixed, immovable object. The tether length should not allow the dog to trespass on another owners lot. E. Dogs should not be allowed to chase or molest wildlife or any domestic animals or persons, or destroy or disturb property of another. F. Dogs should riot be allowed to bark continuously, which shall be defined as barking for a 15 -minute period, including successive barks or a series of barks which repeat or resume following a brief or temporary cessation. G. All dogs should be licensed as required by law. H. No dog should threaten public safety. I. The lot owner should be responsible for assuring compliance with dog regulations of another owner's dog occurring on a lot with the permission of the lot owner. J. No dog or other animal should be kept upon a unit which, in the sole discretion and judgment of the Association's Board of Directors, results in an annoyance or is obnoxious to unit owners within the subdivision. K. Homeowners not in compliance with dog regulations should be responsible for any and all costs associated with enforcement of the aforementioned provisions of the Silt Heights Subdivision Homeowners Association (HOA). Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 18 FENCES Fencing on individual lots should be restricted to reduce wildlife mortality and to reduce the potential for separation of doe deer and their offspring. The maximum fence height should be 42 inches. If a rail fence or 3 -strand wire fence is constructed, there should be a 12 -inch separation between the top 2 rails/wire. Chain Zink fencing up to 6 feet high should be allowed for the purpose of kenneling a dog. GARBAGE, TRASH, AND COMPOST CONTAINERS it is important that residents of Silt Heights Subdivision store garbage and trash in secure receptacles to reduce problems with skunks and raccoons. No refuse, garbage, trash, grass, shrub, or tree clippings, plant waste, scrap, rubbish, or debris of any kind should be kept, stored, maintained or allowed to accumulate or remain on any • lot except temporarily within an enclosed structure within a building envelope. No garbage container, trash cans or receptacles should be maintained in an unsanitary condition. Garbage structures and containers should comply with recommendations which may be made from time to time by the CDOW. • ADDITIONAL RESTRICTIONS/REQUIREMENTS Indemnification The Silt Heights Subdivision Homeowner's Association should waive and hold the CDOW harmless from any and all claims for damages to landscaping improvements, fencing, ornamental and native plants, and garden plants resulting from the activities of wildlife. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 19 Disposal of Animal Carcasses The HOA and lot owners should be responsible for the removal and disposal of all animal carcasses (e.g. deer, raccoons) located upon the subdivision. Securing Hay Some residents may choose to maintain a horse or cows on their property. To reduce problems with deer, hay stored on a lot should be secured by a tarp, stored in a structure, or fenced. Skunk and Raccoon Denning Areas Residents of Silt Heights Subdivision should maintain their lots in a manner that will not attract denning skunks and raccoons. This can be addressed in the covenants by prohibiting the open storage of junk automobiles, machinery, appliances, junk piles, scrap piles, and other materials which may be used by skunks and raccoons for denning sites. Enforcement of Provisions by HOA Because of the relatively few homeowners (n=4) who will be residents of the Silt Heights Subdivision, I would anticipate that most potential conflicts and problems between homeowners would be resolved on an informal basis. However, in the event that conflicts (e.g. dog control, hay storage, fencing) are not resolved by discussion among homeowners, it is important that HOA enforcement provisions be available. The Silt Heights Subdivision Homeowner's Association should be empowered to enforce covenants, conditions and restrictions for the subdivision. In the event that Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Re • ort for Silt Hei. hts Subdivision Pa s e 20 there is a violation of the covenants, conditions, and/or restrictions, the following • enforcement procedures should be taken by the Association: 1. The owner violating a covenant, condition, and/or restriction should first receive a written warning of the violation. 2. If a second offense occurs by an owner of the same type of violation or the owner does not correct the initial violation within one (1) calendar day after receiving notice (or such reasonable time as is necessary in order for the owner to correct the violation), then a fine of $100 will be assessed against the owner. 3. Upon the occurrence of a third offense of the same type of violation or the continuation of a violation in excess of two (2) calendar days after the owner receives notice, a fine of $150 will be assessed against the owner. 4. Upon the occurrence of a fourth offense of the same type of violation or the continuance of a violation in excess of four (4) calendar days after the owner receives notice, a fine of $300 will be assessed against the owner. In addition, the Association may take such action as is reasonably necessary to cause the violation to cease, including entry on the property of the owner. In the event of a pet or livestock violation, the animal(s) which is in violation may be removed from the owner's property for disposal if prohibited or for a period of one (1) or more weeks if the animal(s) is permitted but is in. violation. Enforcement of animal violations will be made only with respect to the express provisions of the Declaration (or as otherwise set forth in the homeowner documents of the Association). Rules and laws of Garfield • Beattie Natural Resources Consulting, inc. August, 2000 Wildlife Re • ort for Silt Hei • hts Subdivision Pa e 21 County shall be enforced by the County. 5. For each additional recurrence of the same type of violation, or if a violation continues beyond sixty (60) days after an owner receives notice, an additional fine will be assessed in an amount equal to double the amount of the previous fine. With respect to a continuing violation, the additional fine will be assessed every four (4) calendar days beyond the sixty (60) day period during which the violation continues. The aggregate amount of fines which may be charged against an owner for the recurrence or continuation of one type of violation shall be $5,000. 6. Each violation of the Declaration, even if based on the same situation or animal, shall be considered a separate offense for the purpose of enforcement_ 7. If an owner does not pay a fine which has been assessed due to a violation of the Declaration within thirty (30) days of receipt of the notice to pay the fine, then the late payment or nonpayment shall be considered a separate offense for which the owner can be fined on the same terms as set above. 8. The fines collected under this section my be applied to the costs incurred by the Association to administer and enforce the Declaration. SUMMARY OF WILDLIFE IMPACTS Silt Heights subdivision will affect birds and small mammals associated with shrubland and grassland (e.g. western meadowlark, western kingbird, cottontail rabbit, deer mouse, meadow vole) and will affect mule deer. Because of the widespread availability of grassland and shrubland on Silt Mesa, Silt Heights Subdivision will not cause significant population declines of these birds and mammals. Foraging areas for Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 22 mule deer will be reduced. However, mule deer will still have access to nearby • undeveloped grasslands/haylands and shrublands on Silt Mesa. The prey base for coyotes, foxes, skunks, raccoons, crows, red-tailed hawks and owls will be diminished. Many species of wildlife have shown they are adaptable to residential developments, buildings, and human activities. There is experimental evidence to show that wildlife do habituate to humans (Knight and Skagen 1988). Habituation is defined as a waning of a response to a repeated stimulus that is not associated with either a positive or negative reward (Knight and Temple 1995, Eibi-Eibesfeldt 1970). Research suggests that some wildlife species may habituate to predictable events which they learn are not dangerous (Yarmoloy et al. 1988). There are many factors that influence wildlife responses to humans. These factors include characteristics of the disturbance and characteristics of the particular wildlife species. Characteristics of the disturbance that shape wildlife responses include the type of human activity, specific behaviors of a person, predictability, frequency and magnitude, timing, and location. Characteristics of wildlife that affect their response to humans include the type of animal, group size, age, sex, breeding status, and stage of breedinglnesting. The most important factors affecting wildlife response to humans re predictability and perceived threat. When wildlife perceive a disturbance frequent enough to be expected and nonthreatening, they show little overt response. If wildlife perceive disturbance as unpredictable and threatening, they react quite differently. l anticipate that many of the existing species of wildlife on the proposed Silt Heights Subdivision will acclimate to the presence of humans and to changes in habitat. • Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 23 A large portion of the Subdivision will likely consist of undeveloped areas. In my opinion, although there will be a reduction in the quantity and distribution of wildlife, the existing wildlife species should still maintain a presence on the development. Many affected species will relocate to undeveloped areas of the development. Development of Silt Heights Subdivision will not result in the Toss of critical wildlife habitat, nor will it affect wildlife migration corridors. Retaining native vegetation in those areas outside of building envelopes, lawns, and entrance roads will benefit wildlife. There are no federal or Colorado threatened, endangered, or candidate wildlife, or Colorado species of special concern, which will be significantly impacted by the subdivision. Development of Silt Heights Subdivision will have a local affect on individuals of common species of grassland and shrubland birds and small mammals, and mule deer, but will not result in a loss of viability in the area, nor cause a trend to federal or state listing or Toss of species viability within a wider area, nor cause a trend to federal or state listing or a Toss of species viability rangewide. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Re • ort for Silt Hei . hts Subdivision _ Pa s e 24 LITERATURE CITED Andrews, R. and R. Righter. 1992. Colorado birds. Denver Mus. Nat. History, Denver, CO. 442pp. Eibl-Eibesfeldt, I. 1970. Ethology: the study of behavior. Holt, Rinehart, and Winston, New York, N.Y. 530pp. Fitzgerald, J. P., C. A. Meaney, and D. M Armstrong. 1994. Mammals of Colorado. Univ. Press Colorado, Niwot, CO. 467pp. Hammerson, G. A. 1986. Amphibians and reptiles in Colorado. Colo. Div. Wildlife, Denver, CO. 131 pp. Knight, R. L., and S. K Skagen. 1988. Effects of recreational disturbance on birds of prey: a review. Pages 355-359 in L. Glinski, ed. Proceedings of the Southwest Raptor Management Symposium and Workshop. National Wildlife Federation, Washington, D.C. , and S. A Temple. 1995. Origin of wildlife responses to recreationists. Pages 81-91 in R. L. Knight and K. J. Gutzwiller, eds. Wildlife and recreationists: coexistence through management and research. Island Press, Washington, D.C. Yarmoloy, C., M. Bayer, and V. Geist. 1988. Behavior responses and reproduction of mule deer following experimental harassment with an ail -terrain vehicle. Canadian Field Naturalist 10:425-429. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 25 Table 1. Species of amphibians for which existing or potential suitable habitat exists on Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided. Common Name Canyon treefrog Great Basin spadefoot New Mexico spadefoot Northern leopard frog Red -spotted toad Boreal toad Scientific Name Hyla arenicolor Spea intermontana Spea multiplica to Rana pipiens Bufo punctatus Bufo boreas boreas Federal Threatened or Endangered State Threatened or Endangered X State Species of Special Concern X X X X X Beattie Natural Resources Consulting, Inc. August, 2000 tfe Report for Silt Heights Subdivision • Page Table 2. Species of reptiles for which existing or potential suitable habitat exists on Silt Heights Subdivision as reported. by the Natural Diversity Information Source. The status of individual species is also provided. Common Name Longnose leopard lizard Eastern fence lizard Midget faded rattlesnake Many -lined skink Milk snake Night snake Racer Short -horned lizard Southwestern blackhead snake Scientific Name Gambelia wislizenii Sceloporus undulatus Crotalus viridis concolor Eumeces multivirgatus Lampropeltis triangulum Hypsiglena torquata Coluber constrictor Phrynosoma hernandezi Tantilla hobartsmithi Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern X status' -S3 X S3 C2 1 C2 = Listed by U.S. Fish and Wildlife Service as a Category 2 candidate in review. S3 = Listed by the Colorado Natural Heritage Program as state rare. Beattie Natural Resources Consulting, Inc. August, 2000 elite Report for Silt Heights Subdivision • Pa Table 3. Species of mammals for which existing or potential suitable habitat exists on the proposed Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered _ State Species of Special Concern Status' American elk Cervus elaphus Big free -tailed bat Nyctinomops macrotis S1 C2 Bighorn sheep Ovis canadensis Black bear Ursus americanus Botta's pocket gopher Thomomys bottae 51 Brazilian free -tailed bat Cliff chipmunk Tadarida brasiliensis Tamias dorsalis Notiosorex crawfordi - S3 S2 _ - 83 Desert shrew Dwarf shrew Sorex nanus S3 Fringed myots Myotis thysanodes - S3 Golden -mantled ground squirrel Spermophilus lateralis S2 Great Basin pocket mouse Perognathus parvus S2 Kit fox Vulpes macrotis Endangered 51 Least chipmunk Tamias minimus - - S2 Lynx Lynx Canadensis Threatened Endangered 81 Meadow vole Microtus pennsylvanicus S2 Merriam's shrew Sorex merriami 53 Moose Alces alces - Mexican vole Microtus mexicanus _ _ 53 Mountain lion Fells concolor _ Mule deer Odacoileus hemionus _ _ - Thomomys talpoides 52 Northern pocket gopher Beattie Natural Resources Consulting, Inc. August, 2000 life Report for Silt Heights Subdivision • Table 3. Species of mammals for which existing or potential suitable habitat exists on the proposed Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Northern river otter Lutra Canadensis Endangered Card's kangaroo rat Dipodomys ordii S2 Pronghorn Antilocapra americana _ Silky pocket mouse Perognathus flavus sanluisi X 53 Spotted bat Euderma maculatum _ X S2 C2 Thirteen -fined ground squirrel Spermophilus tridecemlineatus Townsend's big -eared bat Plecotus townsendii pallascens X 52 C2 Western harvest mouse Reithrodontomys megalotis megalotis X 52 White-tailed antelope squirrel Ammospermophilus leucurus X S2 White-tailed deer Odocoileus virginianus White -throated woodrat Neotoma albigula brevicauda X S2 Yuma myotis Myotis yumanensis X 53 C2 1 C2 -- -- Listed by the U.S. Fish and Wildlife Service as a Category 2 candidate in review. 51 -- Listed by the Colorado Natural Heritage Program as state critically imperiled. S2 -- Listed by the Colorado Natural Heritage Program as state imperiled. S3 -- Listed by the Colorado Natural Heritage Program as state rare. Beattie Natural Resources Consulting, Inc. August, 2000 lipife Report for Silt Heights Subdivision • Page Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' American peregrine falcon Falco peregrinus anatum S2B American redstart Setophaga S1 B American white pelican Pelecanus erythrorhynchos X _ S1 B American wigeon Anas americana Bald eagle Haliaeetus leucocephalus Threatened Threatened Si B - Barrow's goldeneye Bucephala islandica X S28 Black swift_Cypseloides niger S3B Black -crowned night heron Nycticorax nycticorax S3B Black -necked stilt Himantopus mexicanus 83B Black -throated gray warbler Dendroica Black -throated sparrow Amphispiza bilenata S3B Blue grosbeak Guiraca caerulea Blue -winged teal Arras discors Bobolink Dolichonyx S3B Boreal owl Aegolius funereus Brewer's sparrow Spizella brewed Bufflehead Bucephala albeola _S113 Canada goose Branta canadensis _ Canvasback Aythya valisineria - S2B Beattie Natural Resources Consulting, Inc. August, 2000 life Report for Sift Heights Subdivision • Page Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Chestnut sided warbler Dendroica pensylvanica S2B Cinnamon teal Anas cyanoptera _ Eared grebe Podiceps nigricollis _ _ S3B Eastern phoebe Sayornis phoebe _ S3B Ferruginous hawk Field sparrow Buteo regalis Spizella pusilla X S3B C2 S 1 B _ Flammulated owl Otus tlammeolus Forester's tern Gadwall Sterna forsteri Anas strepera - - _ S2B Grace's warbler Dendroica graciae - S3B Grasshopper sparrow Ammodramus savannarum Gray vireo Viroe vicinior S2B Great blue heron Ardea herodias S3B _ Great egret Ardea albus S1 B Greater sandhill crane Grus canadensis tabida X S2B Green heron Butorides virescens S3B Green -winged teal Anas crecca Hepatic tanager Piranga flava S1 B Horned lark Eremophila alpestris Lark bunting Calamospiza melanocorys Lesser sandhill crane Grus canadensis canadensis Beattie Natural Resources Consulting, inc. August, 2000 fife Report for Silt Heights Subdivision • Page Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Lewis woodpecker Melanerpes Long -billed curlew Numenius americanus X S2B Mallard Anas platyrhynchos Marsh wren Cistothorus palustris S3B Merlin Falco columbarius Merriam's wild turkey Meleagris gallopavo merriami Mexican spotted owl Strix occidentalis Iucida Threatened Threatened 5-1B Mountain plover Charadrius montanus X S2B C Northern goshawk Accipiter gentilis S3B C2 Northern harrier Circus cyaneus Anas acute _ S3B Northern pintail Northern shoveler Anas clypeata - _ Osprey Pandion haliaetus S3B Purple martin Progne sub's 53B Red-headed woodpecker Melanerpes eryfhrocephalus S3B Ring -billed gull Larus delawarensis Ring-necked pheasant Phasianus colchicus _ Ruffed grouse Bonasa umbellus _ Rufous hummingbird Selasphorus rufus Sage grouse Centrocercus urophasianus urophasianus X S3B Beattie Natural Resources Consulting, Inc. August, 2000 elife Report for Silt Heights Subdivision • Par. Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Silt Heights Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Sage sparrow Amphispiza Belli_S3B Scott's oriole Icterus parisorum SI B Short -eared owl Asio flammeus S2B Snowy egret Egretta thula S2B Southwestern willow flycatcher Empidonax trailii extimus Endangered Endangered Swainson's hawk Buteo wainsoni Three -toed woodpecker Picoides tridactylus Western burrowing owl Athene cunicularia hypugaea Threatened C2 White-faced ibis Plegadis chihi S2B C2 White-tailed ptarmigan Lagopus leucrus altipetens White -winged crossbill Loxia leucoptera Si B Whooping crane Grus Americana Endangered Endangered Willet Catoptrophorus semipalmatus inornatus SI B 1 C -- Listed by the U.S. Fish and Wildlife Service as a Candidate species. C2 -- Listed by the U.S. Fish and Wildlife Service as a Category 2 candidate in review. SIB — Species listed by the Colorado Natural Heritage Program as state critically imperiled during the breeding season. S2B -- Species listed by the Colorado Natural Heritage Program as state imperiled during the breeding season. S3B -- Species listed by the Colorado Natural Heritage Program as state rare or threatened during the breeding season. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 33 Table 5. Colorado listing of endangered, threatened and wildlife species of special • concern. Common Name Scientific Name Status' Fish Bonytail Gilaelegans FE, SE Razorback sucker Xyrauchen texanus FE, SE Humpback chub Gila cypa FE, ST Colorado pikeminnow Ptychocheilus lucius FE, ST Greenback cutthroat trout Oncorhycnhus clarki sotmias FT, ST Rio Grande sucker Catostomus plebeius SE Lake chub Couesius plumbeus SE Plains minnow Hybognathus placifius SE Suckermouth minnow Phenacobius mirabilis SE Northern redbelly dace Phoxinus eos SE Southern redbelly dace Phoxinus erythrogaster SE Brassy minnow Hybognathus hankinsoni ST Common shiner Luxilus cornutus ST Arkansas darter Etheostoma cragini ST Bluehead sucker Catostomus discobolus SC Flannelmouth sucker Catostomus latipinnis SC Mountain sucker Catostomus platrhynchus SC Plains orangethroat darter Etheostoma spectible SC Iowa darter Etheostoma exile SC Plains topminnow Fundulus sciadicus SC Rio Grande chub Gila pandora SC Colorado roundtail chub Gila robusta SC Speckled chub Macrhybopsis aestivalis tetranemus SC River shiner Notropis blennius SC Stonecat Noturus flavus SC Colorado River cutthroat trout Oncorhynchus clarki pleuriticus SC Rio Grande cutthroat trout Oncorhynchus clarki virginalis SC Flathead chub Platygobio gracilus SC Amphibians Boreal toad Bufo boreas boreas SE Northern cricket frog Acris crepitans SC Great Plains narrowmouth toad Gastrophryne ollvacea SC Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page 34 Table 5. Colorado listing of endangered, threatened and wildlife species of special • concern (continued). • Common Name Scientific Name Status Amphibians (continued) Canyon treefrog Hyla areicolor SC Northern leopard frog Rana pipiens SC Plains leopard frog Rana blairi SC Couch's spadefoot Scaphiopus courchii SC Great basin spadefoot Spea intermontana SC New Mexico spadefoot Spea multiplicata SC Reptiles Midget faded rattlesnake Crotalus viridis concolor _ SC Longnose leopard lizard _ Gambelia wislizenii SC Yellow mud turtle Kinostemon flavenscens SC Common kingsnake Lampropeltis getula SC Texas blind snake Leptotyphlops dulcis SC Texas horned lizard Phrynosoma comutum SC Desert spiny lizard Sceloporus magister SC Massasauga Sistrurus catenatus SC Birds American peregrine falcon Falco peregrinus anatum SC Whooping crane Grus americana tabida FE, SE Least tern Sterna antillarum athalassos FE, SE Southwestern willow flycatcher Empidonax trailfii extimus FE, SE Plains sharp -tailed grouse Tympanuchus phasianellus jamesii SE Piping plover Charadrius melodus circumcinctus FT, ST Bald eagle Haliaeetus leucocephalus FT, ST Mexican spotted owl Strix occidentalis lucida FT, ST Western burrowing owl Athene cunicularia ST Greater sandhill crane Grus canadensis SC Lesser prairie chicken Tympanuchus pallidicinctus ST Barrow's goldeneye Bucephala islandica SC Ferruginous hawk Buteo regalis SC Gunnison's sage grouse Centrocercus urophasianus subspp. SC Northern sage grouse Centrocercus urophasianus subspp. SC Western snowy plover Charadrius alexandrinus SC Mountain plover Chardrius montana SC Long -billed curlew Numenius americanus SC White pelican Pelecanus erythrorhynchos SC Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page35 Table 5. Colorado listing of endangered, threatened and wildlife species of special • concern (continued). • Common Name Scientific Name Status Mammals Gray wolf Canis lupus FE, SE Black -footed ferret Mustela nigripes FE, SE Grizzly bear Ilrsus arctos FT, SE Preble's meadow jumping mouse Zapus hudsonius preblei FT, ST Lynx Lynx canadensis SE Wolverine Gulo gulo luscus SE River otter Lutra canadensis SE Kit fox Vulpes macrotis SE Swift fox Vulpes velox SC Black -tailed prairie dog Cynomys ludovicianus SC 1 FE = Federal endangered FT = Federal threatened SE = State endangered ST = State threatened SC = Species of state concern Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Paye 36 Table 6. Federal threatened and endangered species reported for Colorado. Common Name Scientific Name Status Grizzly bear Ursus arctos Threatened Bonytail chub Gila elegans Endangered Humpback chub Gila cypha Endangered Whooping crane Grus americana Endangered Bald eagle Haliaeetus leucocephalus Threatnened Black -footed ferret Mustela nigripes Endangered _ Southwestern willow flycatcher Empidonax traillii extimus Endangered Preble's meadow jumping mouse Zapus hudsonius preblei Threatened Lynx Lynx Canadensis Threatened Mexican spotted owl Strix occidentalis lucida Threatened Piping plover Charadrius melodus Threatened Colorado squawfish Ptychocheilus Lucius Endangered Razorback sucker Xyrauchen texanus Endangered Least tern Sterna antillarum Endangered Greenback cutthroat trout Oncorhynchus clarki stomias Threatened Gray wolf Canis lupus Endangered Mancos milk -vetch Astragalus humillimus Endangered Osterhous milk -vetch Astragalus osterhoutii Endangered Clay -loving wild buckwheat Eniogonum pelinophilum Endangered Penland alpine fen mustard Eutrema penlandii Threatened Dudley Bluffs bladderpod Lesquerella congests Threatened Knowlton cactus Pediocactus knowltonii Endangered Penland beardtongue Penstemon penlandii Endangered North Park phacelia Phacelia formosula Endangered Dudly Bluffs twinpod Physaria obcordata Threatened Unita Basin hookless cactus Sclerocactus glaucus Threatened Mesa Verde cactus Sclerocactus mease verdae Threatened Ute ladies' -tresses Sprianthes diluvialis Threatened Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F1 Proposed Silt Heights "+' Subdivision Figure 1. Vicinity map showing location of the proposed Silt Heights Subdivision in relationship to Silt, Colorado. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F2 A OF COLORADO "Owens. Governor ,IEPARTMENT OF NATURAL RESOURCES ` DIVISION OF.'V ILDLIFE • • AN EQUAL John W. , > easo Broadway Dowse. Colorado B3216 Talephonc MG) 297-I 192 July 14, 2000 Kit Lyon Garfield County Building & Planning 109 8th Street, Suite 301 Glenwood Springs, CO 81601 For Wrldlijt- For People Dear Kit: I have reviewed the sketch plan for the Silt Heights Subdivision between Silt and Rifle. Because the information provided by the applicant is minimal at best and the fact that wildlife impacts are not addressed at all in the sketch plan, I am unable to make comments for the Division of Wildlife until a more concise plan is provided, This Subdivision would be located in deer winter range and there will be impacts on this species as well as many others. For this reason I recommend that the Silt Heights Subdivision sketch plan be denied until such time that the applicant addresses wildlife issues. I also recommend that the applicant hire a competent wildlife consultant to examine and address such items as fence specifications, dogs, covenants, winter range, possible wetlands, and game damage. We look forward to reviewing the preliminary plan_ Respectfully, Don Crane District Wildlife Manager cc: Yamashita files DEPARiMBfr OF NATURAL RESOURCES, Greg Walther, Ego c -A e C P James Seaattrlr y .QLFE CCMAISSION. Bernard L Black Jr„ Chairman• Ick Errs om. WA -Chairmen • Figure 2. Letter written by former DWM Don Crane concerning the proposed Silt Heights Subdivision. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F3 1 • \� r — y rssw -- L.I 144 .ai N. i , .42454. � - -- S- ._.��r▪ �\ M1�� �—`% \ TM Y S • `al5 ! t7 «gr 350.hw . ' w'!1 5511 ,gyp ''' 1 1 \ 1 i \ \ w \ , \ \ 1 \ \ \ —� r j '• t' �.'� ,txiii,aa ; l i I l r r �; man 444r \ 1 l l _ter 1 I \1 ! /�/// /± ///// / 1 / / „....---.:1,/ // /4. I /..1 / ,1 '' .1 -- —, syr / / :ri,i 1,ll �-� • N. `\ N. \ \\ \ �'� N. . —�_ • N. `� 55, c,.0 t c{ Figure 3. Lot layout for the proposed Silt Heights Subdivision. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F4 County Occurrence 1111 Known to Ocour Lkelyto Occur Suitable H abitat User -Defined Area County Boundaries Highways /V Figure 4. Natural Diversity Information Source (NDIS) mapped suitable habitat for the canyon treefrog on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Pape F5 County Occurrence IBM Known to Occur El Lkelyto Occur Suitable H abitat User -Defined Area County Boundaries 11 Highways ,A/ Figure 5. Natural Diversity Information Source (NDIS) mapped suitable habitat for the northern leopard frog on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F6 County Occurrence um Known to Occur I1 Lkekyrto Occur Suitable Habitat User --Defined Area f V County Boundaries Highways Figure 6. Natural Diversity Information Source (NDIS) mapped suitable habitat for the midget faded rattlesnake on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F7 County Occurrence ME Known to Occur Lk a ly to Occur Suitable H abitat User•Defined Area County Boundaries Highways Figure 7. Natural Diversity Information Source (NDIS) mapped suitable habitat for the whooping crane on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F8 County Occurrence NI Known to Occur WI Liralyto Occur Suitable H abitat User -Defined Area /V County Boundaries n Highways \/. e V Figure 8. Natural Diversity Information Source (NDIS) mapped suitable habitat for the Mexican spotted owl on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F9 County Occurrence lllllll1. Known to Occur Lkeiy to occur Suitable Habitat User -Defined Area Al/ County Boundaries Highways /V Figure 9. Natural Diversity Information Source (NDIS) mapped suitable habitat for the southwestern willow flycatcher on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page FIO County Ooourrence Known to Occur Lkelyto Occur Suitable H abitat User -Defined Area ! V County Boundaries EJ Highways /r/ Figure 10. Natural Diversity Information Source (NDIS) mapped suitable habitat for the peregrine falcon on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page P11 County Occurrence ®Known to Occur n Lk a ty to Occur Suitable Habitat User -Defined Area County Boundaries ri Highways /V Figure 11. Natural Diversity Information Source (NDIS) mapped suitable habitat for the bald eagle on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F12 County Occurrence Known to Occur Likeiyto Occur Suitable Habitat User -Defined Area /V County Boundaries Highways /V Figure 12. Natural Diversity Information Source (NDIS) mapped suitable habitat for Botta's pocket gopher on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F13 Other Activities Concentration Areas Ell Highway Crossing gip Limited Use Area MI Migration Corridor lrmii Resident Population Area User -Defined Area f V County Boundaries Highways 1 JA Figure 13. Natural Diversity Information Source (NDIS) mapped activity areas for the mule deer on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Paye F14 Winter Activities ED Severe W inter Range Winter Concentration Area ® Winter Range User -Defined Area County Boundaries Highways • Figure 14. Natural Diversity Information Source (ND1S) mapped winter activity areas for the mule deer on the proposed Silt Heights Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Beattie Natural Resources Consulting, Inc. August, 2000 Wildlife Report for Silt Heights Subdivision Page F15 Figure 15. Colorado Division of Wildlife lynx potential habitat (MN ) map (Source: www.ndis.nrel.colostate.edu/excopfimageslmapsflynxmap.jpg). Beattie Natural Resources Consulting, Inc. August, 2000 w WATER SUPPLY PLAN • • P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, *CO 81602 -"<\ ZANC4NELL4 AND 4ssocI4TES, INc. ENGINEERING CONSULT4N TS September 1, 2005 Mr. Mark Bean Garfield County Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 RE: Silt Heights Subdivision Dear Mark: (970) 945-5700 (970) 945-1253 Fax This report presents the findings of the water supply investigations performed by Zancanella and Associates, Inc. for the proposed Silt Heights Subdivision. Information contained in this report covers estimated future domestic water uses, the West Divide Water Conservancy District contract, well pump tests, and water quality analyses. Water Requirements Table 1, attached, presents the diversions and consumptive use for the proposed Silt Heights Subdivision. The new subdivision will consist of 4 lots with 4 ADUs for at total of 8 units. We have assumed that each EOR will represent 3.5 people using 100 gallons of water per person per day. Water will be diverted to irrigate up to 2500 square feet of lawn or other equivalent outside uses at each residence and each ADU. The subdivision is to be served by individual wells, one for each lot. Legal Supply As can be seen from Table 1, the subdivision will divert an average 4.75 AF annually, and consumptively use 1.55 AF, with transit losses included. The peak month of June would require a continuous average diversion of 4.9 gpm. A West Divide District Water Conservancy District contract for 1.55 acre feet, which includes transit losses, has been obtained. A copy of the contract, #020328SHS(a), is attached. Silt Heights Well #1 was drilled under permit number 210911-A (copy attached). This is an exempt domestic permit, intended to serve a maximum of three residences and to be the only well on the 36.44 acre tract. All wells serving the subdivision will need to be permitted as fee wells prior to use by the subdivision. Silt Heights Well #2 was drilled under permit number 61931-F, a fee well permit. A copy of this permit is also attached. Physical Supply -- Well #1 Silt Heights Well #1 was completed on April 10, 2003 by Shelton Drilling Corporation at a total depth of 85 feet. The well is located in the NE 1/4 of the SE 1/4 of Section 28, Township 5 South, Range 92 West of the 6th P.M. The location of the well, taken from the well permit, can be plotted 1380 feet from the south section line and 235 feet from the east section line. The approximate locations of both of the Silt Heights wells and the i Subdivision boundary are shown on the attached general location map, Figure 1. Both ! wells were drilled entirely within the Tertiary Wasatch Formation and its weathered remnants. A copy of the well construction report and a graphical representation of the well (Figure 2) are attached. A 4.5 hour pump test of the Silt Heights Well #1 was conducted on April 14, 2003 by Samuelson Pump Company utilizing the electric submersible pump. The static water level in the well prior to the test stood at 45.3 feet below the top of the casing. The pump was set at 80 feet, giving the well 34.7 (80 minus 45.3) feet of available drawdown. The pump test was performed at an initial rate of 1.7 gallons per minute (gpm). The rate was increased to 5 gpm at 50 minutes into the test, and then to 7.5 gpm at 90 minutes from the commencement of pumping. The rate was then held at the 7.5 gpm rate throughout the remainder of the test, except for the last 20 minutes of the test, when it was lowered to 6.7 gpm. The well was pumped continuously for a 4 hour and 30 minute period at these varying rates. The drawdown and time data collected during the test are presented in Table 2. We have plotted the results of the test in a water level vs. time curve as shown on the attached Figure 3. The maximum drawdown during the 4.5 -hour test was approximately 6.8 feet. The water level showed continuous drawdown with time. Recovery data for the well following the pump test were collected for a 60 minute period after the pumping stopped. The recovery data are listed in the lower portion of Table 2. The recovery plotted as residual drawdown is shown in Figure 4. Based on the residual • drawdown curve, the well displayed normal recovery characteristics. The test indicates that the well will probably be able to operate for extended periods at a rate of approximately 5 gpm. Physical Suppy — Well #2 Silt Height Well #2 was completed on March 9, 2005, also by Shelton Drilling Corporation. The well reached a total depth of 130 feet. The location of the well is in the SE'/ of the SE 1,4 of Section 28, T5S, R92W of the 6th P. M. The permitted location of the well is 1200 feet from the south line and 440 feet from the east line of said Section 28. Copies of the well construction report and a sketch of the well detail (Figure 5) are attached. Samuelson Pump Company completed a 4 hour pump test of Well #2 on April 5, 2005. This well had a static water level of 36.1 feet prior to pumping. The pump was set at 100 feet, giving an available drawdown of 63.9 (100 minus 36.1) feet. The data collected during the test and subsequent recovery period are shown in Table 3. The test began at a pumping rate of 1.8 gpm and incrementally increased to 3 gpm as the test progressed. The well was pumped continuously for the four hour period. Maximum drawdown during the test was 5.56 feet. The water level appeared to have stabilized by the end of the pumping period. A graph of the water level versus time is plotted in Figure 6. Recovery data were collected for a period of 6 minutes after pumping ceased. The data are shown in the lower portion of Table 3. The graph in Figure 7 shows the recovery data as residual drawdown. From the recovery data it appears that Well #2 recovered normally. The test data indicate that the well should be able to pump water at the test rate of 3 gpm for extended periods. 2 4111 Based on the pumping tests from both wells, with water storage to handle peak demands, the two wells should be adequate to serve two of the single family lots with an ADU each. It may be necessary to limit irrigation withdrawals during extended drought periods. We would suggest that an alternate outside irrigation source be developed, if possible. It will be necessary to drill and test two additional wells by final plant. This data shows that it is reasonable to assume that two additional wells will be obtained. • • Water Quality Water samples were collected during the two pump tests and sent to Grand Junction Laboratories for independent analyses. The lab tests included analyses for various inorganic chemicals, nitrate/nitrite, total dissolved solids (TDS) and some of the physical properties of the water. A total coliform bacteria sample from the Well #1 test was collected and sent to the Snowmass Water and Sanitation lab for analysis. The total coliform test from Well #2 was analyzed by Grand Junction Labs. The results of the analyses are attached. The coliform bacteria tests indicate that coliform bacteria were absent from both samples. Results of the analyses from Grand Junction Labs for the Well #1 water indicate that the water is above the Maximum Contaminant Level for selenium and turbidity. The water is also above the recommended levels (EPA's National Secondary Drinking Water Regulations) for sodium, chloride, sulfate, total dissolved solids, iron and fluoride. Although the analytical results from Well #2 showed that it may have somewhat better water quality than Well #1, the level of dissolved solids is still quite high. Treatment of the water will be necessary prior to human consumption. Processing of the water by filtration and reverse osmosis (RO) would remove most of these contaminants, however RO is only about 50 percent efficient and would place additional demands on the water supply wells and the septic systems. The septic systems would need to be designed to handle the reject water from the RO system as well as normal household wastes. if water softening is used, the additional salt load should also be considered in the leach field design. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella and Associates, Inc. Arc. o q Thomas A. Zancanella, P.E. cc: Dan Dennison, High Country Engineering Bradley C. Peek, Geologist; Terri Patrick Attachments Z:\21000\21836 Silt Heights \Bean -W aterSupply-rteu.doc 3 ResidencesoI u7its' 71 oi /0 persons/residence 11 gallons/person/day Percent Consumed Lawn Irrigation Application Efficiency crop Int r!gmnIt SCIR) 2.17 ft 3.5 cap/unit 100 gpcd 10% 2500 sq-ttilot 70% Month January February March April May June July August September October Uc.eiiiber December Annual 4.3,emoe. 25. 21100 faoc,oc ea Assoc .1nc Valor n evo,..res Emikhre.s Sonn01. Co 21536 123 11) Domestic Mimosa Table 1 Silt Heights Subdivision 4 Lots, 4 ADUs Estimated Water Requirements Water Use Inputs Commemle/ Demands • # Commercial Ontis 0.0 # persons/unit 0.0 t/ gallons/person/day 100 gpcd Percent Consumed 10% Lawn Irrigation 0 sq-ft/unil Application Efficiency 70% Crop 1rrig resmnt 2.17 ft Pond Surface Area acres Annual Net Evaporation Livestock Livestock Consumption Irrigated Open ppace Applicalion Efficiency Crop ;nig reqmnt (CR) Water Use Calculations . ..... • . DIverslon Foonlrernenta ...,-.--,...:::,:,:......,,,,,,.,...,..-ff, i... -..:it........,.,. ,...,,........ • , ., , . . . .. ; . . .: , . , . . „ . (2) (31 (11 - 1'51 161 171 161 161 1117) Conimerclat In -houss lac41) lac.fl) 0.27 0.24 0.27 0.26 0.27 0.26 0.27 0.27 0.26 0.27 0.26 0.27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Do miComm lulgallon lec-111 . . 0.00 0.00 0.00 0.04 0.32 0.39 0.37 0.26 0.21 0.01 0.00 0.00 Pond Eva p. fac.11.1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Live. clock Tolal lat•f1) t611 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0,00 0.00 0,00 0.00 0.00 0.27 0.24 0.27 0.30 0.58 0.65 0.63 0.53 047 0 28 0.26 0.27 A6�96 Domestic Flow In•nouse 10.11111 (ac -R) 1.9 1.9 1.9 2.3 4.3 4.9 4.6 3.9 3.6 2.0 1.9 1.9 3.17 0.00 1.60 0.00 0.00 4.75 2.93 0.03 0.02 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 Commercial 15.houe• lac 111 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.74 ft 0 units 15 gpud 0 acres 70% 2.17 ft OomiComm 1111911.1on (ac -fl) 0.00 0.00 0.00 0.03 0.22 0.27 0 26 0.18 0.15 0.01 0.00 0.00 Pond Evap. lac -ft) 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (12) slack (ac.11) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (0) Total 001) 0.03 0.02 0.03 0.06 0.25 0.30 0.2 0.21 0.18 0.04 0.03 0.03 .... {14} Transit Loss (oc 0.03 0.02 0.03 0.07 0.26 0.32 0.30 0.22 0.19 0.05 0.03 0.03 0.35 = 1.12 0.00 0.001.46 1.55 R92W . : :,\Z--;:rA%\til- •SILT HEIGHTS WELL #2 CNA PERMIT # 61931—F 0.j `' ` SE 1/4 SE 1/4 '( , 1200 FSL, 440 FEL ti ..,,�, i). SEC. 28, T5S, R92W"-1 COMPLETED 3/9/05 L r sir/,•, Baer' : j} (i rte'. '" _: . ,l I -SILT HEIGHTS WELL #1`- PERMIT # 210911—A 6 NE 1/4 SE 1/4 1430 FSL, 360 FEL 9 SEC. 28, T5S, 292W SdCOMPLETED 4/10/03 Scute in Feet T5S PROJECT LOCATION MAP •QE DATE: SHEET: 1' 2000' AUG. 31. 2005 1 OF 1 DRAWN BY: CHKD BY: APPD BY: BCP BCP TAZ DRAWING: locTopo.dwg SILT HEIGHTS SUBDIVISION ZANCANELLA AND ASSGC/A7ES; INC ENCYNEER/NC CCM/SOL/ANIS POST OFFICE BOX 1906 - 1006 COOPER AVENUE MEMO) SPWICS. COLORADO 61602 (970) 996-6700 FIGURE NO. 1 PROJECT: 21836 ( REVISED August 2001 • Contr t #0203285HS (a ) Map #4,z0 Date Activated 03/28/02 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: Silt Heights Subdivision Htnmeowners Association Quantity of Water in Acro Feet: 1 - 55 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue ofC.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the 'District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased or hereafter acquired by the District. By execution of this Contract and the attached Application, Appiicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water sights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity Wates applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of 0 version from the Districts direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State ngineer during periods when said direct flow water right is not in priority, the District shall release for the use ofApplicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and [mai availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneticiai Use: Any and ail water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal, domestic and related uses, or commercial (except for commercial use from Alsbuty Reservoir and except to the extent that Rue€ii Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70- W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and ail water allotted shall be within or through facilities or upon land owned, Leased, operated. or under Applicant's control. 4. Decrees and Deliver Exchange releases made by the District out of storage from Ruedi. Reservoir, Green Mountain •ervoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the t Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shal l be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion ofthe District's applicable water right, and neither the. District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted firm this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy Distract,. dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point ofDiversion and Plan ofAugmesration: Decrees fix alternate points of diversion of the District's water •ghts or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs nerasary for any changes in water rights contemplated herein, and fiuther agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and Facilities necessary to obtaitudivert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract_ In the event the Applicant intends to apply for an alternate point of diversion and to develop an augrnentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge. in the amount determined by the Board of rectors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payme=nt for the waL r service described herein shall be determined by the isoard of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days atter the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part ofa water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sok discretion for future years only. Ifpayruent is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no Further right, tide or interest under this Contract without further notice, and delivery may be immediately curtailed_ The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs; Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights_ S. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant. without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to. and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts_ No assignment shall be recagnimed by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the waterallotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District, or 2) A homeowners association, water district. water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties. association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agi cement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper •rrns for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions oldie Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. •10. Operation and Maintenance Ageemart_ Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sok discretion that such an agteesnent is required_ Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension ofD€strict delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use:: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use; Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed. or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. • 14. rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or control led water or water rights. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water 15. Restrictions: Applicant shall icauict actual diversions to not exceed the contract amount_ which provides water (on the tbrrnula ofone aa -e foot pe -dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with ail restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval its the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract, 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of applicant's valid well permit before District is obligated to deliver any wager hereunder. 4 17. Measuring Device or Metes: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable 01theDistrict's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times water diverted pursuant to the terms of Applicant's water right and the terms of this Contract Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion ofwater by the State ofColorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes ofdeterznining Applicants actual use of water. 18. Representations: By executing this Contract, agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District Applicant ftrtheracknowledges that it has obtained all necessary legal and engineering advice firm Applicant's own sources other than the District Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract Should the District be unable to provide the water contracted for herein, no damages may be assessed •peainst the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number ofcontractees included in the filing. To the 0cent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, h additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy Distric" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Waring: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. 1T IS THE COPfITNUTNG DUTY OF THE APPLICANT 10 MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING Th -IE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. • 5 22. AREA B. CONT. ,S/LEASES: IF APPLICANT'S WELL OR OTHER h, A RIGHT THAT i5 THE SUBJECT OF THIS CONTRACT/LEASE IS LOCATED OUTSIDE 'AREA A' AS DESIGNATED BY THE DISTRICT. THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER ANO MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT. THIS CONTRACT/LEASE MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE •APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT/LEASE EN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT/LEASE SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant: STATE OF COLORADO ss. COUNTY OF GARFIELD ) Applicant: r, The foregoing instrument was acknowledged before me on this // day of Ce, • Witness my hand and official seal. 4.My commission expires: '/ / o� 4.e ORDER 16. . -19_, by Notary Public After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application. it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. ATTEST: Secretary 4f WEST DIVIDE WATE By CY DISTRICT President / yf6 Date This contract/lease includes and is subject to the terms and conditions of the following documents :which must accompany this contract/lease: • 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. 6 DATA F O R SILT HEIGHTS WELL #1 GROUND LEVEL SILT HEIGHTS WELL #1 PERMIT #210911-A NE SE 1430 FSL, 360 FEL SECTION 28 T5S, R92W, 6TH P.M. COMPLETED 4/10/03 Soli, Silt & Clay Cobbles, Gravel Clay, Silt Tertiary Wasatch Formation TOTAL DEPTH 85' 0 10 20 30 40- 50- 60- 70- 80- n 0' TO 85' 6.5' HOLE DIAMETER f CEMENT 10'-40' STATIC WATER LEVEL 45.3' ON APRIL 14, 2003 +1' TO 57' 5.5' PLAIN STEEL CSG 0.188 WALL THICKNESS 57' TO 62' 5.5' STEEL PERF CSG 0.188 WALL THICKNESS 62' TO 85' 5.5' PLAIN STEEL CSG 0.188 WALL THICKNESS SILT HEIGHTS WELL #1 WELL DETAIL SCALE: NOT TO SCALE DATE: AUGUST 31, 2005 SHEET 1 OF 1 DRAWN BY: BOP CH<D BY: BCP APPD BY: TAZ PLAN NO. WdlDetal.dwg r SILT HEIGHTS SUBDIVISION ZANCANELL A AND ASSOCIATES INC ENGINEERINLI CONSOL TANTS POST OF110E B08 11108 - 1005 CAOPER MIME 01.01111001) ST'! IWA COLORADO 811102 {979) 11+5-5790 FIGURE NO. PROJECT: 21836 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER 210911-A Owner Name(s): Terri Patrick Mailing Address: 1175 County Road 259 City, State, Zip : Rifle, Co. 81650 Phone # 970-625-2534 WELL LOCATION AS DRILLED DISTANCES FROM SEC. LINES 1430 ft. from South Set. line and FOR OrrICE USE ONLY APPROVAL* OWS31-91-03 NE 1/4 SE 1/4 Sec: 28 Twp: 5 S Range: 92 W 360 ft. from East Sec. line QR Northing: Easting: SUBDIVISION: LOT: BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION GROUND SURFACE ELEVATION #l. DRILLING METHOD Air Rotary DATE COMPLETED: 4/10/2003 TOTAL DEPTH: 85 DEPTH COMPLETION: 85 GEOLOGIC LOG Depth 000-057 057-062 062-082 082-085 Typo of Material (Size, Color, and Type) Din, Silts, Clays Cobbles, Gravels Clays, Silts 6. )TOLE DIAMETER (in FROM (ft) TO (ft) 6. 0 85 85 Wasatch Formation 7. PLAIN CASING OD (in) 1 Kind 5.5 Stee WII1i Sao I From (ft) 0.188 -1 To (ft) 57 5.3 Steel 0.188 62 85 PERF. CASING : Screen Slot Size 5.5 Steel 0.188 57 62 Water Located: 57-62 Remarks : 11. DISINFECTION : Type : HTH 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 0. GROUTING CORO Matcnai &norm Dewey Wenn! Plxemem Cement 5 ski 6 gaUsk 10-40 poured 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 42 ft_ Pumping Level : Total f3. Test Remarks : Date/Time Measured 4/10/2003 Amt. Used : 2 oz. Production Rate 7i gpm Date/Time Measured 4/10/2003 Test Length : 2 hours [ I,ave read l the a:eeuronn made hmiY. and kaw+. rbe W40att7 N+.ivv ti+d drat they Ira bus to ec Imes pajtrsy.id the =cod degree (red ie washable al aalaae [ misdemeaua.) CONTRACTOR Shelton Drilling Corp. Mailing Address : P.O. Box 1059 Basalt. Co. 81521 Name I Title (Please Type or Print) Signature r Wayne Shelton 1 President lotoade.dge. (hereon. Sae t ktn 244-14 (13Xa) CSS. the toakie g of Sise aaaanrna Date Phone : (970) 927-4182 Lic. No. 1095 4/21/2003 1 TABLE 2 Pump Test Data Well ID: Silt Heights Well #1 Job No.: 21836 0 = 7 gpm Client: Silt Heights Subdivision r = ft Test By: Samuelson S.W.L. = 45.3 ft Analysis By: BCP b = ft M.P. = Top of Casing Time/Date on: 4/14/03 10:50 AM Time/Date off: 4/14/03 3:20 PM Test Length: 4:30:00 total time TIME Time (minutes) W.L. Measurement Drawdown (feet) 0 (gpm) t' (minutes) tit' (feet) (inches) ' 4/14/03 10:50 AM 0 45 3.25 SWL 1.7 4/14/03 10:51 AM 1 46 1 0.81 1.7 4114/03 10:52 AM 2 45 5 0.15 1.7 4114/03 10:56 AM 6 46 3.5 1.02 1.7 4/14/03 10:58 AM 8 46 3.25 1.00 1.7 4/14/03 11:00 AM 10 46 3.25 1.00 1.7 4/14103 11:02 AM 12 46 5.25 1.17 1.7 4/14/03 11:05 AM _ 15 46 4.25 1.08 1.7 4/14/03 11:10 AM 20 46 3.5 1.02 1.7 4/14/03 11:20 AM 30 46 3.25 1.00 1.7 4/14/03 11:30 AM 40 46 0 0.73 1.7 4/14/03 11:40 AM 50 48 1.75 2.88 5 4/14/03 11:50 AM 60 48 5 3.15 5 4/14/03 12:20 PM 90 48 2 2.90 7.5 4/14/03 12:30 PM 100 49 _ 3.5 4.02 7.5 4/14/03 12:40 PM 110 50 10.5 5.60 7.5 4/14/03 12:50 PM 120 51 0.5 5.77 7.5 4/14/03 1:20 PM 150 _ 51 4 6.06 7.5 4/14/03 1:50 PM 180 51 6.5 6.27 7.5 4/14/03 2:20 PM 210 51 10.25 6.58 7.5 4/14/03 2:50 PM 240 52 1 6.81 7.5 4/14/03 3:00 PM 250 51 6 6.23 6.7 4/14/03 3:10 PM 260 51 6.5 1 6.27 6.7 4/14/03 3:20 PM 270 51 7 6.31 _ 6.7 4/14/03 3:21 PM 271 47 10 2.56 Stopped Pumping 1 271 4114/03 3:22 PM 272 46 10.25 1.58 0 2 136 4/14/03 3:23 PM 273 46 5.75 1.21 0 3 91 4/14/03 3:24 PM 274 46 5 1.15 0 4 69 4/14/03 3:26 PM 276 46 3 0.98 0 6 46 4/14/03 3:28 PM _ 278 46 0.75 0,79 0 8 35 4/14/03 3:31 PM 281 45 11.5 0.69 0 11 26 4/14/03 3:33 PM 283 45 11 0.65 0 13 22 4/14/03 3:35 PM 285 45 10.5 0.60 0 15 19 4/14/03 3:40 PM 290 45 9.5 0.52 0 20 15 4/14/03 3:50 PM 300 45 8.25 0.42 0 30 10 4/14/03 4:00 PM 310 45 6.5 0.27 0 40 8 4/14/03 4:10 PM 320 45 6.5 0.27 0 50 6 4/14/03 4:20 PM 330 45 6.5 0.27 0 60 6 8/31/2005 Zancanella & Associates, Inc. Pump Test 14Apr03.xls 0 10 20 30 > 40 1 • • Figure 3 Pumping Test - 4/14103 Silt Heights Well 10 100 Tile (min) 1,000 10,000 100,000 0-40 min. 0 = 1.7 60-90 min. 0 5 90-250 min. Q = 7.5 50 F 60 70 1250-270 min. Q = 6.7 Static Water Level = 45.3 ft 80 iPump Set at 80 ft. Total Depth = 85ft, 8/512005 Zancanella & Associates, Inc. Pump Test 14Apr03 • • • Drawdown (Feet From Static Level) 1 0 1 2 3 4 5 6 T 8 9 10 10 Figure 4 Recovery Following 4.5 Hour Pumping Test - 4/14/03 Silt Heights Well Recovery as Residual Drawdown 100 tlt' 1,000 10,000 8/5/2005 Zancanefla & Associates, Inc. Pump Test 14AprO3 • 1 JOHN C. KEPHART & CO. JTTI:N La XPi 435 NORTH AVENUE + PHONE: (970) 242-7618 ♦ FAx: (970) 243-7235 Received from: — ANALYTICAL REPORT — Ztrrcarrella & Assoc. PC Box 1908 Glenwood Springs, CO 81602 70-945--5700, FAX 945-1253 2054 E� GRANO JUNCTION, COLORADO 81501 ------ water ----- water Customer No. Laboratory No. Sample Dale Reeived 4 / ` / r.).:� r Date Reported Lad number 2054 6/5/03 Limits for Drinking Supplies Set Sample ID Terri Patrick. 4/23 3PM by Cole. Dept. Health Garfield Cty, by Mike, L. 259 at wellhead Ar- . nic (A ) 0.002 mg/ 1 Barium(0a) 0.17 m4'/1 CadmiLUII(Cd) 0.0000 mg Chromium(Cr) 0.000 mall Fluoride(F) 2.'+i mg/1 Lead(Pb) 0.002 roc/1 (Hq) Irl.i=ia_1i_]) s1 ma/1 rtN) 0.T ma/1 •rury 1 enium ( Se) L1. 055 mg/1 Silver(Ag) 0.0000 mg/1 .:+: lor'(Co/rt unit) 0 pH 7.'72 Curtduc ti `J1 ty@25 dec. lr _010 umhosiom Sodium(Na) Calcium(Ca) FT mg/1 Magnesium(M0) 56 mall Potassium(K) 0.7) ma/i Chloride(C1) 35 mall Sul f attE ( Gy='.) . 1 20 mall Phenol. i t:intiinit"v (CaC0 ) 0 mg/1 Total FriTialirtety(Ca? O ) SO1 ma/1 Bicardclrlatte (i7Ciaa) 969 mg/1 Carbonate(C103) ( ma/1 Dissolved Solids 7330 mg/ 1 Hardness (CaCO3) 374 m0/1 1 Tur-bi dity (NTU) 12 Boron(B) 0.30 m4/1 Capper- (Cu) 0{.071 mg/ 1 Iron (fie) 1.05 mg/1 Manganese(Mn) 0.040 ,jai i Molybdenum (Mo) 0.005 mg/1 W-mc;nia(N) (:.t_1 ; ma/1 phate(P) 0.04 mg/1 11nc (Zn) 0.01 mg/1 Ni tri te I`J) 0 mg/1 See notes on the r e0: pace. 0.01 mg/1 '71.0 TTIaF,_i 0.005 mg/1 0.1 ma/i 4 mg/1 0.015 ma/1 0.002 ma/1 10.0 iIIC/1 0.05 ma/1 0.05 mg/1 no official limit .a.5-8. accF.fltable no official limit TTIa/1 no official limit 1'75 mg/1 no o-fTicicc1 limit 50 mg/1 25) m)0/1 no official limit no official limit no official limit no official limit 500 ma/1 200 ma/1 1 no official limit 1.3 mg/1 (1._ mg/1 0.05 moll no official limit no official limit no official limit .F.0 mg/1 1 ma/1 Lab Director. . Bauer • =al tavaftvircas jie LOW .yt a- s 5 4.) 0,4e1 LABORATORY E RADIATION SERVICES US MAIL 8100 LOWRY BOULEVARD PO BOX 17123 DENVER. CO 80230-6928 DENVER. CO 80217 WATER BACTERIOLOGY igh cd 11 5 lf/` I�1 SAMPLE INFORMATION: 0 COMMUNITY 0 NON.COMMUNITY 1ETVRIVATE PWS 10 Z.'t Imo, ---" ic. NAM DF;T- cc i� G//J : f ADDRESS El ROUTINE TTAW ❑ REPEAT FOR THE MONTH OF SPECIAL PURPOSE ❑ FINISHED MG,L CHLORINE R 81DUAL 1. fYtfr[ CITY COUNTY COLLECTED RECEIVED In,DATE TIME 8Y ,�%% 7 ratio 3 &of o' ORDERED BY: (SAMPLE MAY NOT BE TESTED IF ALL NFORMATIOM NOT PROVIDED) ( 776;) FEE STAMP �T. LAB 106 (07.17) PHONE 24-4)6:47-i fel NAME /17-Z; C;=0:11/2 r6 ADDRESS i—z �llntcc� l gr 7/ 6 C CITY ,' STATE / ZIP TEST ORDERED STD BAC; 0 OTHER RESULTS: SEE REVERSE FOR EXPLANATION TOTAL COLIFORM 0 PRESENT ABSENT MOST PROBABLE NO --COL.IFDRM110051L (.CoL iaSAI-) 0 DENVER © DURANGO 0 OF ANALYST Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman St., Denver, Colorado 80203 (303) 856-3581 APPLICANT TERRI PATRICK 1175 COUNTY ROAD 259 RIFLE, CO 81650- (970) 625-2834 PERMIT TO CONSTRUCT A WELL 1382 WELL PERMIT NUMBER 210911 A DIV. 5 WD 39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 114 Section 28 Township 5 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 1380 Ft. from South Section Line 235 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL ) This well shaft be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. ) The construction of this well shall be in compliance with the Water Welt Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-92-602(3)(c) for the relocation of an existing well, permit no, 210911. The old well must be plugged in accordance with Rule 16 of the Water Weil Construction Rules within ninety (90) days of completion of the new well. The enclosed Weil Abandonment Report form must be completed and submitted to affirm that the old well was plugged. ) Approved as the only well on a tract of land of 36.44 acres described as that portion of the NE 1/4 of the SE 1/4, Sec. 28, Twp. 5 South, Rng. 92 West, 6th P.M.. Garfield County, more particularly described on the attached exhibit A. Further identified as 1175 County Road 259, Rifle, CO 81650. ) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns. and the watering of domestic animals. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (P IN): 23-2127-284-00-286 NOTE: Assessor Tax Schedule Number: R211013 PROVED 117MW Receipt No. 9501393 State Engineer DATE ISSUED 02-19-2003 By DATE 02-19-2005 DATA FOR SILT HEIGHTS WELL #2 • • GROUND LEVEL SILT HEIGHTS WELL #2 PERMIT #61931-F SE SE 1200 ESL, 440 FEL SECTION 28 T5S, R92W, 6TH P.M. COMPLETE❑ 3/9/05 Solt, Cobbles Sand, Silt, Gravel, Clay Tertiary Wasatch Formation TOTAL DEPTH 130' 10- 20- 30- 40- 50- 60- 70- 8 90- 100- 110- 120- 130- •i T❑ B0' 9' HOLE DIAMETER —CEMENT 1D'-25' STATIC WATER LEVEL 36,06' ON APRIL 5, 2005 +1' TO 70' 7' PLAIN STEEL CSG 0.240 WALL THICKNESS 50' TO 70' 5.5' PVC CSG 0250 WALL THICKNESS 70' TO 80' 5.5' PVC PERE CSG 0.250 WALL THICKNESS 70' T❑ 80' 5.5' STEEL PERF CSG 0.240 WALL THICKNESS 50' TO 70' 5.5' PVC CSG 0.250 WALL THICKNESS —80' TO 130' 6.5' HOLE DIAMETER SILT HEIGHTS WELL WELL #2 DETAIL SCALE: NOT TO SCALE DRAWN BY: BCP DATE: SHEET AUGUST 31, 21105 1 OF 1 C HKD 8Y: APPD BY: SCP TAZ PLAN NO. Wetl2DataLd 'g SILT HEIGHTS SUBDIVISION ZANCANELLA AND A3S,0CIRTES, INC ENGINEERING CONSUL TANTS POST OFFICE BOX 1805 — 1041 GRAND MANX GLDPM70O SPRINOS, COLORADO d16O7 (670) B45—'5700 FIGURE N0. PROJECT: 21836 WELL CONSTRUCTION AND TEST REPORT STATE OF COLOR ADO, OFFICE OF flu. STATE, ENGINEER WELL PERMIT NUMBER 61931-.F Owner Namc(s): Terri Patrick (2) Mailing Address: 1175 County Road 259 City, State, Zip : Rifle, Co. 81650 Phone WEI.I.I.00ATION AS DR 11,I.ED DISTANCES FROM SLC. LINES SF 1/4 SL i /et Sec: 28 Fukp, '5 S Rause: 92 W 1200 IL from South Sec. line and 440 11. from Fast Sec. tine OR Northing: Easting,: SUBDIVISION: LOT: RIOCK: FILING (I/NIT): STREET ADDRESS AT LOCATION Wit OFFICE usr ONI v .1.1)PKOVA1,# (;WS31 91..03 GROUND Si IREACC ELEVATION DATE COMPLETED: 3/9/2005 fr. DR laING METHOD Air Rotary TOTAI, DEP'114: 130 DEP111 COMPLETION: 130 5.1 GEOLOdi1C1.00 Depth 000-034 034-080 080-132 Type of Materiai (Size, Color, and Typ9 Dia, Cobbles Sands, Silts. Gravels, Gays Wasatch Formation 6. H01.14 nIAMFTER (iu) 9.0 'ROM (ft) 0 (1.5 SO 10 00 0 7. PLAIN CASIN 130 00 (in) 7.0 5.. wd Steel PVC Wull Size 0.240 0.250 Fmm (ft) -1 'Ib (11) 50 5... PVC 0.250 PERF. CA. 7.0 1 Water Located: 7fl - R0 Remarks 5.5 1. DISINFECTION : Type HTH S. Filler Pack Size : nerva1 80 70 70 DO G: Screen Slot S'ize Steel PVC 70 70 9. Packer Placement Typo ; Depth : 80 10. GROUTING RECORD Material Amniumt rhalSity Interval Placieumai Cement 3 sks 12. WELL TEST DATA :(() Check BOX If Test OEita k StunnedOn Suppicrnental ILSTING METHOD : Air Compressor Static Level: 31 fl. Pumping Lcvel : Total Test Remarks DutoTime Meaured 3/9/2005 Date/Time Measured 3/9(2005 6 alisk 10-25 Attu. Eked : poured OZ. Production Rate 5 gprn Test Length: 2 hours 13 havc fead thC.SMi.110.-?tbiLfivrrm AND know tic ,yOritzots tk.:101, And dm( limy= truc at) koLtwletlitc io Semon 74-4-1-1(13Xal CTS, ate =trump kr tigso Matcmccia COSIKIROC3 IXE:tialy III WC Net.4..d (t0g,ct sad puni.titable 1 r.,,ncanor.) CONITRA,C-toit : Shelton Drilling Corp. Mailing AdCireSA 130x 1059 liasalt, Co. 81621 Name / Title (Please Type or Print) Wayne Shelton / President Signature rlione : (970) 927-4182 Lk. No. 1095 Date 3/21/2005 TABLE 3 Pump Test Data Well ID: Silt Heights Well #2 Job No.: 21836 Client: Terri Patrick Test By: Samuelson Analysis By: BCP M.P. = Top of Casing Q = 3 gpm r- ft 36.1 _ ft b= ft Time/Date on: 4/5/05 11:02 AM Time/Date off: 4/5/05 4:02 PM Test Length: 5:00:00 total time TIME Time (minutes) W.L. Measurement Drawdown (feet) Q (gpm) t' (minutes) tit' (feet) (inches) 4/5/05 11:02 AM 0 36 0.7 SWL 1.8 4/5/05 11:03 AM 1 37 3.2 1.21 1.8 4/5/05 11:04 AM 2 37 9.5 1.73 1.8 4/5/05 11:07 AM 5 38 7.2 2.54 1.8 4/5/05 11:08 AM 6 38 7.0 _ 2.52 1.8 4/5/05 11:10 AM 8 38 5.6 2.41 1.8 4/5/05 11:17 AM 15 40 2.0 4.11 2 4/5/05 11:22 AM _ 20 40 7.7 4.58 2 4/5/05 11:32 AM 30 40 10.8 4.84 2 4/5/05 11:42 AM 40 40 11.9 4.93 2 4/5/05 11:52 AM 50 40 10.6 4.82 3 4/5/05 12:02 PM 60 41 1.9 5.10 3 4/5/05 12:32 PM 90 41 3.7 5.25 3 415/05 1:02 PM 120 _ 41 1.8 5.09 3 4/5/05 2:02 PM 180 41 7.3 5.55 3 4/5/05 3:02 PM 240 41 7.4 5.56 3 4/5/05 3:03 PM 241 39 8.3 3.63 Stopped Pumping 1 241 4/5/05 3:04 PM 242 38 7.1 2.53 0 2 121 4/5/05 3:06 PM 244 37 _ 11.3 1.88 0 4 61 4/5/05 3:08 PM 246 37 5.3 1.38 0 6 41 813112005 Zancanella S Associates, Inc. Pump Test 05Aug05.xls • • • Water Level (ft) 1 0 10 20 30 40 50 80 70 80 90 100 110 120 130 10 Figure 6 Pumping Test - 4/5/05 Silt Heights Well #2 100 Time (min) 1,000 10,000 100,000 10-8 min. Q = 1.8 gpm. 110-40 min. Q = 2 50-240 min. Q = 3 Apra. Static Water Level = 38.08 ft. -1 Pump Set (p 100 ft. J 4Total Depth = 130 ft. 8/31/2005 Zeneanelia & Associates, Inc. Pump Teat 05Aup05.)le • • • Drawdown (Feet From Static Level) 0 1 2 3 4 5 6 7 8 9 10 1 10 Figure 7 Recovery Following 4 Hour Pumping Test - 4/5/05 Silt Heights Well #2 Recovery as Residual Drawdown 100 tit' 1,000 10,000 100,000 N11.--.‘\\°1 8/31/2005 Zancanella 8. Associates, Inc. Pump Test 05AugO5.xls t a 12 05 08:42a Raun Samue 1 son 970-947-9448 'JOHN e.. KEPHART & CO gRA10.. JUNC.�I�(9L7)243#fyP435 NaRTN AVEHSJ f PHONE:(970)242-7618• s GRAgYD • t5HCTi4H COLORAiO • . AISIALYTIC L. • Sa i uel...on P i ij r --Co. x='. ... 29 - - ' Ilii iGiEE? 'e G- tri P• -} r - - .r�Cli 1 , a rx hfl CD 81 ry2 97W 1 94•.5-6 09 ., -Fax x 947-944.s Customer Nio• a i 3/29/05 Suriple Date Received Date Reported tir x WATER : _ _ •-1. .. '��"'1Li l '1'_CiF' " - Total Colii=orm B ac: i_o a -tar 1'C kC0 rat a sta -d'. Solids �i ti r Received Tim kday.17. I: FA!� Public- Deln Inq Supp1ie:. Col of zdo Dep.,_; H a1 tf e putt y_ i!= � s s 200 moil l • 1 •ti1Ci1 L z7b Di rpc i L-1. . rS• F-`Ltu •'r` p.2 5154! Form No. GWS -25 410 APPLICANT • • OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Contonnia; 8sd0 1313 Sltiemman St , Deriver. Colorado 80203 (303) 866-3581 TERR1 PATRICK 117 COUNTY ROAD 259 RIFLE, CO B1650- (970) 625-2534 PERMIT TO CONSTRUCT A WELL WELL PERMIT NUMBER 61931 -F DIY. 5 WD 39 DES. eAS[N MD 1095 APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 28 Township 5 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft from Section Line LITM COORDINATES (NA083) Easting: Northing ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This weN shalt be used in such a way as to causa no material inJury to exiHting water rights. The issuance of this permit does not assure tho applicant that no injury will occur to another vested water right or preclude another owner of ;1 vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Weil Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State hoard of Examiners of Water Well Construction and Pump Installation Contractors in aecordance with Rule 18. } Approved pursuant t0 CRS 37-90-137(2) for the construction of a well. appropriating ground wator tributary to the Colorado River- as an ahcrnate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, ism effect, and when a water allohnent contract between the well owner and the West Divide Water Conservancy District far the release of (enlacement water from Ruedi Reservoir rs in effect. or under an approved plan for augmentation. WOWCD centric! 402032i35tIS(a). ) The use of ground water from this well limited to ordinary household purposes inside one (1) single family dwelling and ono (1) accessory dwelling unit and the irrigation of not more than 2.500 square feet of home gardens and lawns. All use of this vrell will be curtailed unless the water allotment contract or a plan for augmentation is in effect rhis well is known as Silt Heights Wen no. a. 5) I he maximum pumping rate of this welt shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated by this well, in combination with the three other webs for Silt Heights Subdivision, shill nut cxcced 4 57 acrrfcet. 7) The owner shall mark the wall in a conspicuous place with wall pamiit numbor(s), name of tite aquifer, and Court Casa nunther(s) aS appropriate. Tho owns shall take necessary means and precautions to preserve thcso markings. A totalizing flaw meter must be inetalred an true well and maintained in good working order. Penron nent t000rde of oil divereoone must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request_ 9) Pursuant to Rule 0.2.3 of the Water Well Construction Rules, the, well wnstnrction contractor shall submit the as -built well locetion on work reports required by Rule 17.3 within 50 days of completion of tho wall. Tho rnoasurnd location must be accurate to 200 feet of the actual location. The location information must include either the 114, 114, Section, Township, Range, and distances from section lines, or a GPS location pursuant to the Division of Water Resources' guidelines. NOTE: Expired perrnit no. 57749-F was previously issued tor this Iot. —A.-- NOTE: tomNOTE: Parcel identification Number (PJM): 23--2127-284-80-2886 NOTE: As.-::essor Tax Schadulo Number' 8211013 (totaling 36.44 acres) '( 1 2./7-2�ire APPROVED DMW ,Receipt No. 06010860 State Engineer g DATE ISSUED 11-02-2004 By DATE 11-02-2006 • DRAINAGE REPORT • DRAINAGE STUDY SILT HEIGHTS SUBDIVISION GARFIELD COUNTY, CO HCE J013 NO. 2000023.02 October 18, 2005 ytrsS'`R D 4f1 p 1(11,1/05 c0 % o 390 7 2 v� ‘849Z4417g2r-' Daniel R. Dennison, P.E. Project Manager 1517 Blake Avenue Suite 101 Glenwood Springs, CO 81601 Telephone (970) 945-8676 - Fax (970) 945-2555 14 Inverness Drive East Suite D-136 Englewood, CO 80112 Telephone (303) 925-0544 - Fax (303) 925-0547 • • • SECTION INTRODUCTION HYDROLOGY DRAINAGE PLAN OFF-SITE FLOWS SUMMARY DRAWINGS: APPENDIX: TABLE OF CONTENTS Vicinity Map (8.5" x 11") SCS Map (8.5" x 11") Grading and Drainage Plan (11"x 17") Calculations SCS Data PAGE 1 1 1 1 1 I, Daniel Dennison, P.E., certify that the proposed design, constructed in conformity with engineered plans and details, will not cause damage to adjacent or downstream properties resulting from erosion, flood or environmental impact during construction and after completion. This statement is not valid for storm events outside design parameters or circumstances beyond my control. k:iwp\20001023'ukairiage. doc • • Introduction The proposed subdivision is located off County Road 259 in Garfield County approximately 4 miles from the Town of Silt, Colorado. This project proposes the division of 36.44 acres into four single-family residential lots. See the enclosed Vicinity Map for site location. Hvdrology The hydrologic methods used for this study are outlined in the Soil Conservation Service (SCS) publication "Procedures for Determining Peak Flows in Colorado" (1984). Peak on-site flows in this area will be derived primarily from rainfall because the site is below 8,000 feet in elevation. Therefore, the storm drainage system should be adequate to handle on-site spring snowmelt runoff. This site does not fall within a Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map boundary. Drainage Plan The proposed development consists of subdividing the existing property into 4 lots ranging in size from 6.229 to 17.254 acres. An existing house is located on the proposed Parcel 4. The proposed improvements consist of installing a gravel road to provide an emergency turnaround for fire protection, improving the existing County Road 259 to meet County Road standards, installing temporary erosion control, and installing utilities to the lots. The development will have minimal impact on drainage paths running through the property. Weighted curve numbers have been determined for both historic and developed conditions. The curve number did not change due to the large lot size and the small changes to the existing conditions. No detention will be required for this development. Building envelopes are located on the lots such that impacts to the existing drainages have been reduced. The driveways will be installed with individual building permits. The septic systems will also be constructed as part of the individual building permitting. The Farmers Irrigation Ditch runs through lots 1, 2, 3 and 4, but building envelopes have been located such as to avoid additional crossings. Off Site Flows The development has one offsite basin. The area involved is located to the north of the subject property. This basin contains approximately 52 acres and is primarily vegetated with sagebrush and grasses. The off-site flows are based on historic conditions. This development will have minimal impacts to offsite drainage ways. Summary Drainage for the Silt Heights Subdivision has been designed to mitigate the expected 411/ impacts of storm water runoff as outlined by Garfield County drainage regulations. -1- • Drawings • • Ir� I 1 . I cf r•� • • 2 F c 'RIFLE ; CR 233 r_ 7 uI 1 L. CFpight(C)1sag7 tyl rt?a.ii, Irl Cl ' HARVEY, GAP SILT • HIGH COUNTRY ENGINEERING, INC. 14 INVERNESS DRIVE EAST. STE F-120. ENGLEWOOD, CO 80112 PHONE (303) 925.0544 FAX (303) 9250547 1517 BLAKE AVENUE. STE 101. GLEN WOOD SPRINGS. CO 81601 PHONE (970) 945-8676 FAX (970) 945.2555 WWW.HCENG.COM W.HCENG.COM TERRI PATRICK GARFIELD COUNTY. COLORADO SILT HEIGHTS SUB. VICINITY MAP DRAWN BY: SCALE: DJD 1" = 2000' CHECKED BY: PROJECT NO: LAH 2000023.01 DATE: PAGE: 1/4/02 1 FILE J:/sosKPROJ/IMAGE '' f / 1 Un—site Soil Types 3: Arvada loam, 1 to 6 percent slopes (deep, well drained, slow permeability, runoff medium) 41: Kim loam, 6 to 12 percent slopes (deep, well drained, mod. permeability, runoff slow) 56: Potts loam, 6 to 12 percent slopes (deep, well drained, mod. permeability, runoff medium) HIGH COUNTRY ENGINEERING, INC. 14 INVERNESS DRIVE EAST, STE F.120, ENGLEWOOD. CO 80112 PHONE (303) 925-0544 FAX (303)925-0547 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS. C081601 PHONE (970) 945-8676 FAX (970) 9452555 WWW.HCENG.COM TERRI PATRICK GARFIELD COUNTY. COLORADO SILT HEIGHTS SUB. SCS MAP DRAWN BY: SCALE: ERW I" = 1000' CHECKED BY. PROJECT No: LAH 2000023.02 DATE: PAGE: 1.8-02 1 FILE: J./SDSKPROJ/SCS • • TERRI PATRICK GARFIELD COUNTY. COLORADO SILT HEIGHTS SUBDIVISION GRADING, DRAINAGE, AND EROSION CONTROL PLAN COUNTRY ENGINEERING, INC. 14 INVERNESS ORIVE EAST, STE F-120, ENGLEWOOD, CO 80112 PHONE (393) 925-0544 FAX (303) 925-0547 1517 BLAKE AVENUE, SIE 101. GLENw00D SPRINGS, CO 81601 PHONE (979) 945-8676 FA% (970) 945-2555 www. hcen9.com �A11 DR D O NION ye RDN O MR 10--12--05 GR -01 NO. DATE REVISION B Y c CEN1E11 0E aron nLOg" 1-800-922-1987 0R 034 — 06700 111 8E0RO COMER Li AYU67VE r • PROJECT S.,‘ -ie Vt S 5- 4.19d;vi s BY OR DATE Pf/z/044- CK'D BY SUBJECT JOB NO. 1-oGaG`L1.4 DATE PAGE 1 OF 1 1-,4,-,,, A ficolt Av(' 6-avr1 goe,d 0(-: -56..411 G = 1: 3cL1 7v AvQIA. il►� 0 A = 1%00 Awes (i -c i- (1' 414) 0,7405 eA ( EIS (Ni P�#IS fi (67C�+ as 11E' G1 ,. (eciv f` (61 C N) p.0.) -i. `fp by EK;c4,y cod 6,;(4i �, /;,..-0,,t Exrsf�? side Ex;t4 -) (e—X,-) + 0,9 V-8 (157 f 0,916(6-7)t 1 6g ,,-,ft,, 4,o,-----.4 G!- I frdcc J 01Q,41(A-1-4i Ji+�'^ x 1300 ► 'Odd ve •fes-hc i-itwek Areq, , 6S7(61) t C.161 o 1 +1 T c», -- ISOs %C1.ASG,1+v�;z l SI (91 eN) Ave 0,s' -2:71 Se A = 15 -3'6C 2 Si 56 (SS)------ oo 09s C6`fl y%-0 5 5 re-- Uh6-1--1d -p. --01.:v C.�w+r+ 6 -Ai 54--,,, vvti Q,o(665eq iletCiv 0.000$( G- 67.63- w ;, „,1-ei (N= 0.00.54 -i-n,o041 s) -i. 0,o 646 (`'0 4 0.04 r 7,91 #L IA .'<:.ir,-.F'r CO .•elV 1 si reici,10 w+I _ 164, pLl+-t ;..1j11 berr / i'le '6''''r,v } e1 �/ /}tau _.._.._._ _ _ < � r J GLENWOOD SPRINGS, CO 1517 Blake Avenue, Suite 101 • Glenwood Springs, CO 81601 970.945.8676 phone • 970.945.2555 fax ENGLEWOOD, CO 14 Inverness Drive East, Suite F-120 • Englewood, CO 80112 303.925.0544 phone • 303.925.0547 fax • Appendix • • SILT HEIGHTS TIME OF CONCENTRATION 2/9/05 Sheet Flow Description SHEET FLOW manning's n 0'I700 Flow Length 300.0000 ft Two Yr,24 hr Rainfall 1.2000 in Land L d Slope` 0.0333 ft/ft Computed Sheet flow time > 0.5789 hrs Shallow concentrated Flow Description SHALLOW FLOW surface Unpaved Flow Length 400'0000 ft Watercourse Slope 0'0288 ft/ft Velocity 2'7381 fps Computed Shallow flow time > 0.0406 hrs *************************** Total Time of Concentration 0.8I95 hrs *+****^^^-^**++***w*»**+^*»* Page 1 • EXISTING BASIN 25YR.txt SILT HEIGHTS 10-18-05 BY: D3D,DRD EXISTING BASIN, 25 YR TR -55 Tabular Hydrograph Method Input Summary Description EXISTING 25YR Rainfall Distribution Type II Ia/P Interpolation on Total Area 36.4370 ac Peak Time 12.7000 hrs Peak Flow 2.6765 cfs Given Input Data: Subarea D/S Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) Basin Support Data: Subarea Name: Basin , Row: 1 sheet Flow 36.4370 68 0.6195 0.0000 2.0000 Description sheet Manning's n 0.1700 Flow Length 50.0000 ft Two Yr, 24 hr Rainfall 1.2000 in Land slope 0.0475 ft/ft computed Sheet flow time .......................> 0.1198 hrs Messages: Info: Time of Concentration rounded to 0.5000 hrs in row <1>. Info: Time of Travel rounded to 0.1000 hrs in row <1>. Shallow Concentrated Flow Description Surface Unpaved Flow Length 750.0000 ft Watercourse Slope 0.0475 ft/ft Velocity 3.5164 fps Computed Shallow flow time > 0.0592 hrs Messages: Info: Time of concentration rounded to 0.5000 hrs in row <1>. Info: Time of Travel rounded to 0.1000 hrs in row c1>. Total Time of concentration > 0.1790 hrs Messages: Info: Time of Concentration rounded to 0.5000 hrs in row <1>. Info: Time of Travel rounded to 0.1000 hrs in row f1>. Page 1 EXISTING BASIN 100YR.txt SILT HEIGHTS 10-18-05 BY: D]n,DRD EXISTING BASIN, 100 YR TR -55 Tabular Hydrograph MethmU Input Summary Description EXISTING 100YR Rainfall Distribution Type II Ia/P Interpolation '.. ..'..-.'.- On Total Area 3�-4370 ac Peak Time I2'6000 hrs Peak Flow 6'I294 cfs Given Input Data: Subarea O/S Subareas Description Area (ac) CN Tc Tt Rainfall (hrs) (hrs) (in) Basin Support Data: Subarea Name: Basin , Row: 1 sheet Flow 36.4370 68 0.6195 0.0000 2.4000 Description Sheet Manning's n .-- 0-1700 Flow Length 50'8000 ft Two Yr, 24 hr Rainfall ..'...'.' Land slope Computed Sheet flow time Messages: Info: T1mm of Concentration rounded to 0-5000 hrs in row <I.>. Info: Time of Travel rounded to 0'I000 hrs in row <I>. 1.2000 in 0.0475 ft/ft � 8.II98 hrs shallow Concentrated Flow Description Surface unpaved Flow Length 750.0000 ft Watercourse Slope 0.0475 ft/ft velocity 3.5I84 fps Computed Shallow flow time »0'D59Z hrs Messages: Info: Time of Concentration rounded to 0.5000 hrs in row <I>' Info: Time of Travel rounded to 0.1000 hrs in row ‹l›. ^^^J^*****J.*^^^��^*^^^^* Total Time of Concentration **************************** > 0.I790 hrs Messages: Info: Time of concentration rounded to 0.5080 hrs in row «I›. Info: Time of Travel rounded to 0.I800 hrs in row «I›' Page 1 • PROPOSED BASIN 25YR.txt SILT HEIGHTS I0 -I8 -O5 BY: D]D,DRD PROPOSED BASIN, 25 YR TR -55 Tabular Hydrograph Method Input Summary Description PROPOSED 25YR Rainfall Distribution Type II Ia/P Interpolation On Total Area 36-4370 ac Peak Time 12.7000 hrs Peak Flow 2.6765 cfs Given Input Data: subarea D/S Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) Basin Support Data: Subarea Name: Basin , Row: 1 Sheet Flow 36.4370 68 0.6195 0.0000 2.0000 Description Sheet Manning's 0.I700 Flow Length 50.0000 ft Two Yr, 24 hr Rainfall I.3000 in Land slope 0'0475 ft/ft Computed sheet flow time » 0.1I90 hrs Messages: Info: Time of concentration rounded to 0.5000 hrs in row ‹I›. Info: Time of Travel rounded to 0.I000 hrs in row <I». Shallow Concentrated Flow Description Surface Unpaved Flow Length 750.0000 ft Watercourse Slope 0.0475 ft/ft velocity 3.5164 fps Computed shallow flow time ›D.D59Z hrs messages: Info: Time of Concentration rounded to 0.5000 hrs in row <I». Info: Time of Travel rounded to 0.I000 hrs in row <I>' ********^*^^^^^***«*****^** Total Time of Concentration » 0.I790 hrs **************************** Messages: Info: Time of Concentratimn rounded to 0.5000 hrs in row <I»' Info: Time of Travel rounded to 0.1000 hrs in row <1»' Page 1 PROPOSED BASIN 100YR.txt SILT HEIGHTS 10-18-05 BY: DJD,DRD PROPOSED BASIN, 100 YR TR -55 Tabular Hydrograph Method Input Summary Description PROPOSED 100YR Rainfall Distribution .........,Type 11 Ia/P Interpolation On Total Area 36.4370 ac Peak Time 12.6000 hrs Peak Flow 6.1294 cfs Given Input Data: Subarea D/S Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) Basin Support Data: Subarea Name: Basin , Row: 1 36.4370 68 0.6195 0.0000 2.4000 Sheet Flow Description sheet Manning's n 0.1700 Flow Length 50.0000 ft Two Yr, 24 hr Rainfall 1.2000 in Land Slope 0.0475 ft/ft Computed sheet flow time ..> 0.1198 hrs Messages: Info: Time of Concentration rounded to 0.5000 hrs in row e1>. Info: Time of Travel rounded to 0.1000 hrs in row cls. Shallow Concentrated Flow Description ...... surface unpaved Flow Length 750.0000 ft watercourse Slope 0.0475 ft/ft Velocity 3.5164 fps Computed shallow flow time > 0.0592 hrs Messages: Info: Time of Concentration rounded to 0.5000 hrs in row r1>. Info: Time of Travel rounded to 0.1000 hrs in row eta. **************“�A �.******* Total Time of Concentration .> 0.1790 hrs Messages: Info: Time of Concentration rounded to 0.5000 hrs in row <I>, Info: Time of Travel rounded to 0.1000 hrs in row <1>. Page 1 10 SOIL SURVEY luded with this soil in mapping are small areas of Detra soils and Rock outcrop. These areas make up about 5 to 10 percent of the map unit, Permeability is moderately slow, and available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, elk sedge, and bromes. When range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are abundant. Properly managing grazing main- tains and improves range condition. Mule deer, elk, cottontail rabbit, wild turkey, and blue grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by steep slopes and low strength. This soil is in capability subclass Vile, nonirrigated. 2—Arle-Ansari-Rock outcrop complex, 12 to 65 percent slopes. This complex consists of strongly slop- ing to steep soils and Rock outcrop on mountainsides and sloping alluvial fans. Eievation ranges from 5,500 to 7 0 feet. The soils formed in alluvium derived from ed shale and sandstone. The average annual pre - c ation is about 16 inches, the average annual air temperature is about 42 degrees F, and the average frost -free period is about 100 days. The Arle soil makes up about 45 percent of the com- plex, the Ansari soil makes up about 35 percent, and Rock outcrop makes up about 20 percent. The Ade soil is moderately deep and well drained. Typically, the surface layer is reddish brown very stony loam about 10 inches thick. The subsoil and substratum are reddish brown very stony loam about 22 inches thick. Soft reddish brown sandstone and shale are at a depth of 32 inches, Permeability of the Arle soil is moderate, and available water capacity is low. Effective rooting depth is about 20 to 40 inches. Surface runoff is medium, and the erosion hazard is severe. The Ansari soil is shallow and well drained. Typically, the surface layer is reddish brown loam about 10 inches thick. The substratum is reddish brown stony loam. Bed- rock is hard, reddish brown sandstone. Permeability of the Ansari soil is moderate, and availa- ble water capacity is low. Effective rooting depth is about 10 to 20 inches. Surface runoff is rapid, and the erosion hazard is severe. Rock outcrop is mainly red sandstone. This complex is used mainly for grazing and wildlife Vt. he native vegetation on the Arle soil is mainly wheat- grass, Indian ricegrass, mountainmahogany, and sage- brush. The native vegetation on the Ansari soil is mainly Indian ricegrass, wheatgrass, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Mule deer, rabbit, and grouse find habitat on these soils. Use of this complex for community development or as a source of construction material is limited mainly by depth to rock, steep slopes, thin layers of borrow materi- al, and large stones. Special design can overcome these limitations. Drainage and structures to control runoff from snowmelt reduce erosion around construction sites and roads. This complex is in capability subclass Vile, nonirrigat- ed. 3—Arvada loam, 1 to 6 percent slopes. This deep, well drained, sloping soil is on fans and high terraces (fig. 4). Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sand- stone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is strongly alkaline or very strongly alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is light brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, Heldt, and Wann soils. Also included are some soils that are high in silt. Permeability is very slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated farming. Irrigated crops produce very poorly because the soil takes water in very slowly and is droughty. Leaching is needed to remove excess salts if this soil is to be irrigat- ed. Soil amendments containing sulphur are helpful in - leaching the salt. The native vegetation on this soil is mainly saltgrass, alkali sacaton, and greasewood. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. Seeding improves range in poor condition. Western wheatgrass, alkali sacaton, and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish- RIFLE AREA, COLORADO 11 Alt. Reducing brush improves the range if the grass understory is adequate. Cottontail rabbit and pheasant find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities, for community development, and as a source of construction material is limited by the high shrink -swell potential, slow permeabil- ity, clayey textures, and salinity. This soil is in capability subclass Vlls, irrigated and nonirrigated. 4—Arvada loam, 6 to 20 percent slopes. This deep, well drained, sloping soil is on fans and high terraces. Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sandstone and shale. The average annual precipitation is about 12 inches, average annual air temperature is about 48 de- grees F, and the average frost -free period is about 120 days. Typically, the surface layer is moderately alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is light brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, and Heldt soils. Permeability is very slow, and available water capacity Illigh. Effective rooting depth is 60 inches or more. anic matter content of the surface layer is low. Sur- face runoff is moderately rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly sagebrush, greasewood, and wheatgrass. When range condition deteriorates, grasses decrease and weedy forbs, cheatgrass, big sagebrush, and greasewood increase. Properly managing grazing main- tains and improves range condition. Seeding improves range in poor condition. Western wheatgrass and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices, Irrigat- ing new seedings is necessary for successful establish- ment. Brush should not be reduced because grass pro- duction is low and some desirable native shrubs could be destroyed. Cottontail and pheasants find shelter on this sail if they can obtain food in surrounding areas. Use of this soil for sanitary facilities and as a source of construction material is limited by the large amounts of clay and salts. This soil is corrosive to steel and con- crete. Community development is limited by high shrink - swell potential, salinity, and steep slopes. This soil is in capability subclass Vlls, nonirrigated, It -Ascalon fine sandy loam, 1 to 6 percent slopes. deep, well drained, nearly level to gently sloping soil is on mesas, alluvial fans, and terraces. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 30 inches thick. The sub- stratum is very pale brown sandy clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Potts soils that have slopes of 1 to 6 percent. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is slow, and the erosion hazard is moderate. This soil is used mainly for irrigated crops, hay, and pasture. Some areas are used for grazing and wildlife habitat. This soil is irrigated mainly by corrugations. Sprinklers are also suitable. This soil erodes easily. Such practices as minimum tillage, grassed waterways, and tail water control reduce the danger of excessive erosion. Drop structures in irrigation ditches control water and prevent excessive ditch erosion. The native vegetation on this soil is mainly need- feandthread, wheatgrasses, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush also improves the range. Seeding improves range in poor condition. Pubescent wheat - grass, western wheatgrass, and big bluegrass are suit- able for seeding, Preparing a seedbed and drilling the seed are good practices. This soil has potential as habitat for pheasant, cotton- tail rabbit, mourning dove, and squirrel. These animals mostly obtain food and shelter in areas of crops and hay. This soil has few limitations for community develop- ment. Low strength and frost action affect structures and roads. Community sewage systems will be needed if the population density increases. This soil is in capability subclasses llle, irrigated, and IVe, nonirrigated. 6—Ascalon fine sandy loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, terraces, sides of valleys, and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish 26 Surface runoff is slow, and the erosion hazard is moder- ate. is soil is used mainly for crops, hay, and pasture. fa, small grains, and grass or grass -legume mixtures are grown. This soil is irrigated by flooding or furrows. Sprinklers are also suitable. Drop structures in ditches control water and prevent excessive ditch erosion. The native vegetation an this soil is mainly wheat - grasses, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition_ Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, ground squirrel, and pheasant find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by low strength. This soil is in capability subclasses He, irrigated, and IVc, nonirrigated. 1-41—Kim loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on allu- ✓ial fans and benches. Elevation ranges from 5,000 to 3,000 feet. This soil formed in alluvium derived from nd sandstone. The average annual precipitation is IbW12 inches, the average annual air temperature is bout 48 degrees F, and the average frost -free period is bout 125 days. Typically, the surface layer is yellowish brown or light ellowish brown loam about 17 inches thick. The under - ting material is light brownish gray loam to a depth of 0 inches. In places the underlying material is stratified ith fine sandy loam. Included with this soil in mapping are small areas of rvada and Potts soils that have slopes of 6 to 12 ?rcent These areas make up 5 to 15 percent of the ap unit. Permeability is moderate, and available water capacity high. Effective rooting depth is 60 inches or more. Jrface runoff is slow, and the erosion hazard is moder- e. This soil is used mainly for crops, hay, and pasture. falfa, small grains, and grass or grass -legume mixtures e grown. This soil is irrigated by flooding and furrows. Sprinklers also suitable. Drop structures in irrigation ditches ntrol water and prevent excessive ditch erosion. Keep - 1 the soil in hay or pasture at least three-fourths of the `e helps to control erosion. rhe native vegetation on this soil is mainly wheat - ins. needleandthread, and sagebrush. SOIL SURVEY When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, ground squirrel, and pheasant find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by low strength and steep slopes. This soil is in capability subclasses IVe, irrigated, and V1e, nonirrigated. 42--Lamphier loam, 15 to 50 percent slopes. This deep, well drained, steep soil is on fans and mountain- sides, Elevation ranges from 7,500 to 10000 feet. This sail formed in residuum from sandstone and shale. The average annual precipitation is about 21 inches, the average annual air temperature is about 40 degrees F, and the frost -free period is less than 75 days. Typically, the surface layer is dark brown loam about 30 inches thick. The underlying material is reddish brown and dark reddish brown loam to a depth of 60 inches. Included with this soil in mapping are small areas of Almy soils and Rock outcrop. The Almy soils are at lower elevations. These areas make up 5 to 10 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. This soil is used mainly for grazing, wildlife habitat, and recreation. The native vegetation is aspen and an understory of bromes, elk sedge, wildrye, wheatgrass, peavine, colum- bine, snowberry, serviceberry, and chokecherry. When the understory vegetation deteriorates, (orbs, shrubs, and Kentucky bluegrass increase. Properly man- aging grazing maintains and improves the understory vegetation. This soil is suited to production of quaking aspen. It can produce 4,050 cubic feet of wood per acre or 6,800 board feet of timber from a fully stocked, even -aged stand of 80 -year-old trees. At the present there is no commercial harvest of the aspen. Steep slopes affect harvesting, and special attention is needed to reduce soil Loss during harvest. Mule deer, elk, blue grouse, and snowshoe rabbit find habitat on this soil. Septic tank filter fields, community development, and roads are limited by steep slopes. Surface runoff from snowmelt increases the erosion hazard on cuts and fills. Seeding reduces the erosion hazard. Roads can be de- 32 55—Potts loam, 3 to 6 percent slopes. This deep, *drained, moderately sloping soil is on mesas, bench- nd sides of valleys. Elevation ranges from 5,000 to 7,000 feet. This soil formed in alluvium derived from sandstone, shale, or basalt. The average annual precipi- tation is about 14 inches, the average annual air tem- perature is about 46 degrees F. and the average frost - free period is about 120 days. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown day loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. included with this soil in mapping are small areas of Olney, Kim, and Ildefonso soils that have slopes of 3 to 6 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for irrigated crops and hay and for dryland farming (fig. 10). Alfalfa, small grains, and grass -legume hay are grown. Small areas are used for grazing. These soils are usually irrigated by flooding. Drop structures in irrigation ditches, grassed waterways, and minimum tillage prevent serious erosion. Irrigation water should be carefully managed to avoid piping and erosion. Cover crops or stubble mulching also help to limit ero- c��r dryfarmed areas. native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs ncrease. When the range is in poor condition, undesira- Die weeds and annual plants are numerous. Properly nanaging grazing maintains and improves range condi- ion. Reducing brush improves the range. Seeding im- }roves range in poor condition. Crested wheatgrass, vestern wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are lood practices. Pheasant, mourning dove, cottontail rabbit, some mule leer, and squirrel find habitat on this soil. Community development and recreation are limited by )w strength and the shrink -swell potential. Dwellings nd roads can be designed to overcome these Iirnita- ons. Community sewage systems will be needed if the opulation density increases. This soil is in capability subclasses llle, irrigated, and le, nonirrigated. 56—Potts loam, 6 to 12 percent slopes. This deep, ell drained, moderately sloping to rolling soil is on esas, benches, and sides of valleys. Elevation ranges Dm 5,000 to 7,000 feet. This soil formed in alluvium ?rived from sandstone, shale, or basalt. The average in precipitation is about 14 inches, the average SOIL SURVEy annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Included with this soil in mapping are small areas of Kim, Olney, and Ildefonso soils that have slopes of 6 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is severe. This soil is used mainly for grazing, wildlife habitat, and some dryland farming (fig. 10). Wheat, barley, and oats are grown. Minimum contour tillage and stubble mulching help to prevent excessive erosion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing improves and maintains range condi- tion. Reducing brush improves range. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seed- ing. Preparing a seedbed and drilling the seed are good practices. Community development and recreation are limited by low strength, shrink -swell potential, and slope. Dwellings and roads can be designed to overcome these limita- tions. Community sewage systems will be needed if the population density increases. This soil is in capability subclass We, irrigated and nonirrigated. 57—Potts-lfdefonso complex, 3 to 12 percent slopes. These gently sloping to roiling soils are on mesas and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The Ildefonso soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. The Potts soil makes up about 60 percent of the map unit, and the Ildefonso soils makes up about 30 percent. The Potts soil is on slightly concave positions, and the ildefonso soil is on the breaks of steeper slopes, The Potts soil is deep and well drained. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam that extends to a depth of 60 inches. 266 Chapter 8 Surface Runoff Table 8.7.3 Runoff Curve Numbers (continued) Curve Numbers for Cover Hydrologic Soil Grow,- Hydrologic routHydrologic Land Use Treatment of Practice Condition° A B C D Contoured Poor 70 79 84 88 Contoured Good 65 75 32 86 Contoured and conservation Poor 69 78 83 8 - tillage Good 64 74 81 85 Contoured and terraces Poor 66 74 80 8: Contoured and terraces Good 62 71 78 8: Contoured and terraces Poor 65 73 79 8: and conservation tillage Good 61 70 77 8t Small grain Straight row Poor 65 76 84 8 Straight row Good 63 75 83 8 - Conservation tillage Poor 64 75 83 8( Conservauon tillage Good 60 72 80 8 - Contoured Poor 63 7-t 82 8. Contoured Good 61 73 51 8. Contoured and conservation Poor 62 -'3 ; 5 tillakze Good 60 '2 SP Contoured and terraces Poor 61 7' -9 5_ Contoured and terraces Good 59 70 73 3 Contoured and terraces Poor 60 71 78 li and conservation tillage Good 58 69 77 Close -seeded Straight row Poor 66 77 85 legumes or Straight row Good 58 72 81 rotation meadow Contoured Poor 64 75 83 Contoured Good 55 69 78 c Contoured and terraces Poor 63 73 SO Contoured and terraces Good 51 67 =6 Noncultivated agricultural land Pasture or range No mechanical treatment Poor 68 79 36 5 No mechanical treatment Fair 49 69 79 No mechanical treatment Good 39 6l 74 Contoured Poor 47 67 81 Contoured Fair 25 59 75 Contoured Good 6 35 70 - Meadow — 30 58 71 Forestland—grass or Poor 55 73 82 orchards—evergreen or Fair 44 65 76 deciduous Good 32 58 72 Brush Poor 48 67 77 Woods Farmsteads Forest -range Herbaceous Good 20 48 65 Poor 45 66 77 Fair 36 60 73 Good 25 55 70 59 74 82 Poor 79 86 Fair 71 80 Good 61 74 i -'1e 8.7.2 ,utl type and big aline soils,; 8.7 Curve Number Estimation and Abstractions 265 The values of CN for various land uses on these soil types are given in Table 8.7.3. For a water- shed made up of several soil types and land uses, a composite CN can be calculated. Minimum infiltration rates for the various soil groups are: Gruup Minimum Infiltration Rate tin/lir) .i 0.3() — 0.45 B 0.15 — 0.30 C 11 -0115 Table 8.7.3 Runoff Curve Numbers (Average Watershed Condition, fd = 0._5) Curve Numbers for Hydrologic Soil Group Land Use Dcscnprton -k B C 1) F'a11s de%el,iped urban ,1r0.1,' I segetation established I I_a..sn,_ .'pen •races. parks. eol1 courses. ee11 c*enc..: _ t ,.t ...n,iIt1, n. '.r, ..os cr ,rn 7:-,..:, ,,r tn,'re ,,1 the arca 39 hl 71 Si) i .aIr,,i,ndati,m. era' .,'ier on 50' t„ -5 ; ,lt the arca 49 fy1 79 31 Poor eundstitin, grafi, eilscr on 50' or les, of the area 68 79 86 89 P:ased parking Ioti. roofs. arts cuass, etc 98 98 98 98 Streets .and roads Pas ed with curhs and ,term sewers 98 98 98 98 yL Grascl 76 85 89 91 Dir. 7' 82 87 39 Pissed .uh open d tehe. 83 89 92 9; s er1gC 'r Inver. i .use C„mmere:.il mid 'u.uness ares~ 85 89 92 94 95 lndu.tnal ,dtstriete 7_ 81 88 91 93 Ross houses. toss houses, and residential 65 77 85 90 9; with IN sires 1.,S acre or less Residcntaal: as erase lot si[c 1/4 acre 38 61 .75 83 87 II3 acre 30 57 72 81 86 I /2 acre 25 54 TO 80 85 l acre 20 51 68 79 84 aCTe 12 46 65 77 82 Dcscluping urban areas' Ino vegetation established} N1. graded arca Coscr Hydrologic Land Use Treatment of Practice Conditiond Cultivated agricultural land Fallow Row crops Straight row Conservation tillage Conservation tillage Straight row Straight row Conservation tillage Conservation tillage Poor Good Poor Good Poor Good 77 86 91 94 77 86 91 94 76 85 90 93 74 83 88 90 73 81 88 91 67 78 85 89 71 80 87 90 64 75 87 85 SHALLOW UTILITY, WATER SERVICE, AND SEWAGE TREATMENT REPORT SILT HEIGHTS SUBDIVISION SHALLOW UTIILITY The subdivision will receive electric and telephone service from an existing overhead utility line that runs along the existing shared driveway at the east property line of the subdivision. Parcel 4 currently serves off of this line on the north end of the property. Parcel 1 through 3 will connect to a proposed underground line served off a relocated utility pole at the proposed cul-de-sac. The property is not currently served by gas or cable. The proposed subdivision does not propose to extend these services from an offsite location. WATER The Silt Heights Subdivision will be served by individual water wells. The individual water demand of the subdivision will be typical of a single-family residential community. Each single- family lot can be expected to demand approximately 420 gallons/day based on a 3.5 persons/residence occupancy rate. Two of the four wells are currently in place. The owner will be responsible for drilling the and testing the remaining wells prior to the recording of the final plat. The individual lot owners will be responsible for water treatment and maintenance of their respective well once the building permits are issued. The location of the existing wells can be seen on the master utility plan of the preliminary plan set. SEWER The Silt Heights Subdivision will be served by Individual Sewage Disposal Systems (ISDS). The sewage generated by the subdivision will be typical of a single-family residential community. Each single-family lot can be expected to generate approximately 350 gallons/day based on a 3.5 persons/residence occupancy rate. Individual lot owners will be responsible for the installation of an engineered ISDS. Maintenance of each system will be the responsibility of the individual lot owner as outlined in the protective covenants of the subdivision. INDIVIDUAL SEPTIC DISPOSAL SYSTEM PLAN FOR SILT HEIGHTS SUBDIVISION Silt Heights Subdivision is located in the W1/2SW1/4 S 27, E1/2SE114 of section 28 and the NW 114NW II4 of Section 34, Township 5 South, Range 92 West of the 6th PM., County of Garfield, State of Colorado. This subdivision will be served by individual Sewage Disposal Systems (ISDS) since the lot sizes are consistent with the Garfield County Zoning Resolution. ISDS design, installation, and maintenance will be the responsibility of the individual lot owner. ISDS systems will be designed by a professional engineer registered in the State of Colorado per Garfield County or State Regulations. The installation will be inspected and certified by a professional engineer registered in the State of Colorado and/or his representative. Maintenance shall be performed by a licensed contractor in the State of Colorado engaged in the business of cleaning and maintaining ISDS systems. Silt Heights Subdivision is located in Garfield County. Any ISDS questions or concerns should be directed to Garfield County representatives and Garfield County code should be referenced. Garfield County contact information is: Garfield County Building 108 8th Street, Suite 200 Glenwood Springs, Colorado 81 601 (970) 945-8212 INTRODUCTION An Individual Sewage Disposal System (ISDS), also referred to as a"septic system", receives waste water and solids from a building's plumbing facilities (bathrooms, kitchens, shower, laundry), treats, and then disposes of the effluent from this waste, by permitting it to absorb into the natural soils within the lot. "Treatment" is accomplished by bacterial action in the "septic" or "treatment" tank, and by bacteria within the soil surrounding the effluent absorption system, the "drain -field." This bacterial action is needed to reduce the level of pathogens in the effluent discharges from the waste system into the soil. The principal components ofa private on-site waste disposal system usually include the following: • Piping • Septic Tank • Effluent Filter • Absorption Field However, many variations on this general scheme are used and special equipment and numerous systems can be designed and utilized for problem or difficult sites. • HOUSEHOLD USE Your septic system is designed to handle human waste, toilet paper and water from plumbing fixtures such as toilets, baths, and sinks. Household cleaners, detergents and bleach will not damage your system if used in moderation. However, biodegradable and environmentally friendly soaps, detergents and other products are recommended. If your septic field is inundated with harsh chemicals or overloaded with detergents and soaps, your septic system function may be impaired or field failure may occur. Never pour oil, cooking grease, paint, or insecticides into your plumbing system. These items can inhibit the bacteria which are so critical to the proper functioning of your system and/or plug the pores of your system. Non -degradable paper products, such as diapers, sanitary napkins or tampons, and paper towels are harmful to your system. Also refrain from introducing any other non -biodegradable substances such as condoms, plastic baggies, plastic film -wrap, or cigarette butts. These items can cause serious clogging problems. A garbage disposal can be used if your septic system was designed around it; however, you should have your tank pumped more frequently if large particles are present within the effluent. Your system is also designed to handle a certain volume of water. If you consistently overload your septic system, you will cause premature failure. A frequent source of overload is leaking plumbing fixtures and water treatment systems. This can amount to hundreds of extra gallons of water going into your septic system each month. Leaks should be repaired immediately. Other home recommendations for reducing wastewater flow are; installing water -saving devices in your shower heads and faucets and lowering the amount of water hitting the system from the laundry by spreading your weekly washing over several days rather than doing it all within a short time period. SEPTIC TANK The bacteria that thrive in a septic tank are called "anaerobic bacteria" because they do not require oxygen. These bacteria are essential to the proper functioning of a septic system as they degrade and decompose the solids. When too much solid material accumulates in the tank over a period of years, it begins to wash out of the tank and into the drain -field with the normal liquid effluent. The solids clog the drain -field absorption rates into the natural soils are reduced. As more solids flow from the tank, the drain -field will eventually not be able to absorb the Liquid effluent, and the drain -field will fail. This is the most common cause of drain -field failure. Your drain field should have monitoring wells located at the far end of the field. These wells can help detect or prevent a field failure prior to its occurrence. A professional field maintenance company should be scheduled for regular maintenance and well monitoring. It is suggested that you have your septic tank pumped every 2 years on a regular maintenance schedule. • • • DRAINFIELD AREA The drain -field is ideally located in a suimy open area for maximum evaporation. Trees and shrubs should not be planted near the drain -field as root intrusion may impair the drain -field. Any plants that do not have deep roots can be planted over a drain -field. Grasses and ground cover provide the highest level of evapo-transpiration (the cycle of plants taking moisture from the soil by their root systems and giving it off to the atmosphere using the sun's energy) without the complication of root systems clogging drainpipes and gravel beds. Mulched areas of flower beds do hold moisture and decrease drain -field efficiency. Walkways, patios, parking areas, decks or other permanent structures should not be constructed over either the septic tank or the drain -field. Vehicle traffic should be kept off of the drain -field and heavy trucks/equipment should be kept a minimum of 10 horizontal feet away from the drain -field area. Heavy vehicles can cause the drain -field to collapse. Rainwater or other drainage water should be diverted from the drain -field area. The drain -field is designed to meet the capacity of waste water coming from the house. Additional water from poor drainage may cause premature field failure. OPERATION AND MAINTENANCE OF ISDS (PER COLORADO STATE BOARD OF HEALTH, CHAPTER 25, ARTICLE 10 m REVISED 2000) A. Responsibility: The owner and the party in possession of real property upon which an individual sewage disposal system is used, shall be jointly and severally responsible for operation and maintenance of the system unless jurisdiction for responsibility has been transferred to a public, quasi -public, or political subdivision. The person denying such responsibility shall bear the burden of proof for such denial upon establishment ofownership or possessory rights in the property served by the system. B. Service Label: For treatment plants utilizing mechanical apparatus or under a service policy, a clearly visible, permanently attached label or plate giving instructions for obtaining service shall be placed at a conspicuous location. C. Maintenance and Cleaning: When directed by the local health department, for the purpose of obtaining compliance with rules and regulations, the owner or user of a system shall provide for maintenance and cleaning of an individual sewage disposal system and shall notify the local health department upon completion of any maintenance work and report to said department and submit such evidence of compliance with any maintenance and cleaning schedule in the form and as the department requires. 1. The local board of health may adopt rules and regulations for the scheduling of maintenance and cleaning of systems and practices adequate to insure proper functioning of acceptable systems, and may require proof of proper maintenance and cleaning, pursuant to any such schedules and practices, to be submitted periodically to the local department of health by the owner of the system. D. Monitoring and Sampling: 1. Reasonable periodic collection and testing by the local health department of effluent samples from individual sewage disposal systems for which monitoring of effluent is necessary in order to insure compliance with the provisions of rules and regulations may be performed not more than two times a year, except when required by the health officer in conjunction with an enforcement action. 2. Any owner or occupant of property on which an individual sewage disposal system is located may request the local health department to collect and test an effluent sample from the system. The local health department may perform such collection and testing services. 3. If the local health department collects and tests effluent samples, a fee not to exceed that which is allowed by 25-10-101 et. seq. (as amended) C.R.S. 1973, may be charged for each sample collected and tested. Payment of such charge may be stated in the permit as a condition for its continued use. E. Disposal of Waste Materials: Disposal of waste materials removed from a system in the process of maintenance or leaning shall be accomplished at a site approved by local county officials in a manner which does not create a hazard to the public health, a nuisance or an undue risk of pollution and which complies with state and local rules and regulations. (See Sludge Regulations and Solid Waste Regulations.) F. No Discharge is Pen-nitted Which Does not Comply With Rules and Regulations: No sewage or effluent shall be permitted to be discharged into or upon the surface of the ground or into state waters unless the sewage system and effluent meets the minimum requirements of applicable rules and regulations. G. Termination of Use of System: The contents of a septic tank, vault, or seepage pit, the use of which has been terminated, shall be properly disposed of whereupon the emptied tank, vault, or pit shall be filled with soil or rock, or the health officer may require the tank or vault to be removed and disposed of properly. SUMMARY ISDS systems are a good alternative to homeowners who do not have access to a community sewage disposal system. With the proper monitoring and maintenance of your ISDS system, may years of trouble free functioning can be had out of your ISDS system. ESTIMATED TRAFFIC GENERATION SILT HEIGHTS SUBDIVISION Below are the calculations to determine the average daily traffic volume that can be expected to be generated at build out of the Silt Heights Subdivision: Number of Primary Residences: 4 Number of additional dwelling units: 4 Number of Vehicles per Day generated by single-family detached residential per ITE Trip Generation Manual, 6`' Edition: 9.57 per residence 8 Residences x 9.57 trips/daylresidence = 76.56 ADT Silt Water Conservancy District P. O. Box S Silt, Colorado 81652 August 29, 2000 Terri Patrick P. D. Box 561 Rifle, Colorado 81650 Dear Ms. Patrick: H CEIVED AVG 3 1 NO Having reviewed the proposed Silt Heights Subdivision sketch plan, we note that the irrigation ditch depicted on the sketch plan and which runs through Lots 1, 2 and 3 is actually the Farmer's Irrigation Company canal. The Farmer's Irrigation Company (FICo) canal system is managed and operated by Silt Water Conservancy District (SWCD). FICo has a long established tight -of -way of 50 feet from the waters edge on both sides of the ditch for access and maintenance along its canal system. Our By -Laws prohibit the erection of structures of any type within twenty- five (25) feet of centerline of the canal on both sides, except for right angle crossings of fences, roads or pipelines. We have specific guidelines and specifications for the construction of these crossings. A permit for such crossings must be obtained from Silt Water Conservancy District before any construction can take place. We strongly advise that the FICo canal depicted on the Preliminary Plan and Plat be specifically marked as the FICo Canal with notes that no structures may be erected within the 25 foot centerline easement. Also, be advised that no water may be pumped or otherwise used from this ditch unless the ground has historically been irrigated with either FICo water or Silt Project water, and the land owner must own either Silt Project or FICO water. Any questions can be answered by contacting the Silt Water Conservancy District at 876- 2393. Sincerely, STD Scot Dodero Manager cc: Garfield. County Planning Department High Country Engineering, Inc. March 24, 2005 • High Country Engineering Attention: Roger Neal 1517 Blake Glenwood Springs, Colorado 81601 • • Reference: Silt Heights Subdivision Mr. Neal, The Rifle Fire Protection District has reviewed the proposed Silt Heights Subdivision on County Road 259 near Rifle. The District understands that the proposal is to create six single family residential lots. The area is within the boundaries of the Rifle Fire Protection District and fire and emergency medical services will be provided. In order to assist the District in its ability to provide services we would make the following recommendations: t . Vegetation should be removed from near any structures in order to provide a safe zone in the event ofa wild land fire, 2. Road construction: When constructing access roadways into the parcels, consideration should be given to the weights of fire apparatus and accessibility during adverse weather conditions. 3. Posting of the address: The addresses of the properties are to be posted where the driveway intersects the County Road and on the residence itself if shared driveways are used. Letters are to be a minimum of 4 inches in height, r.2 inch in width and contrast with background colors. 4. The District recommends the development ofa fire protection water supply in the area. Water supply should be a minimum of 30,000 gallons and within two road miles of the subdivision with an approved method of fire department access and connection. It should be noted that with this water supply fire flow capabilities would likely not be available to extinguish a fully involved structure fire. The proposal does however meet the District's minimum requirements of having an approved water source within two miles. 5. The District would like to continue to work with you to insure that the access road is suitable for emergency vehicle access. 6. If gates on the emergency access road, it is recommended that the locks be of an approved type to permit Fire Department use. Thank you and feel free to contact me if you have any additional questions. Sincerely, Mike Morgan District Chief OLSZEWSKI & MASSIH, P.C. ATTORNEYS A 1 LAW Edward E4 Olszewski Melody U_ Ma silr Fred JLannin Building and Planning I eptiuintent Garfield County, Colorado 108 8th Street, Suite 201 Glenwood Springs, CO 8 [601 214 Rn' STREET, WW1 210 P.O. BON 916 GL4N WOOL> SPR1NGS, CC1illRADOGf12 1 CLEr Bohr_: 9711928.9100 FACsEM1LE. 970.92g.%oo March 23, 2006 Re: Silt 1 Ieizhl.s - Proposed Development near Si1t Garfield County Colorado !')ear Fred: This letter comes On behalf of the West Divide Water Conservancy District ("West Divide"). West Divide was recently contacted by Dan Dennison of High Country Engineering on behalf of Ms.Tet.i Patrick, the Applicanr for the Silt Heights Subdivision near Silt, Ciartreld County, Colorado. According to Mr. Dennison, Ms. Patrick will be seeking a water allotment contract frotn West Divide to augment a well and fire - protection pond for the Nuulfdivision. West Divide anticipates being able to issue: the water allotment contract within approximately three months. West Divide has a pending application far augmentation plan in Water Court, Water Division No. 5, and has recently submitted an Application for Temporary Substitute Supply Plan ("TSSP") to the State Engineer's Office that would allow West Divide to augment depletions from the well and pcmd proposed to sc;rvc the Silt I [eights Subdivision. West Divide submitted the. Application tOr TSSP on March 7, 2006, and ! understand Craig Lis at the Division Engineer's Office will begin reviewing the Application within the next week West Divide does not ex.pcct to encounter any insurmountable issues related to the TSSP and anticipates having the TSSP in place within approximately three months_ Once the TSSP is in place, West Davide would he able to consider an application for water ,allotment contract from Ms. Patrick, If you have any questions or coma -mils, please call me at your convenience. Very truly yours, OLSZEWSKI & MASS . t�.t�. 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'P, tont to the , d ccr ihad Propc .=;e:r,at.iOn, o:` an undivided•ono half ;nteresa is: and• and .c her.'minera3.,5 o n, d Fy "t31e in",. on. car u.nc,. r thed .. rib. d ..p.r oper'ty,•uhec`o e«.s>>ing 'oil. and :pas . roeri cd -b erctt JOI e11 • anc', Or a )ane` .3eIve11 in '•wax. ntj�c' ,- cd rccordec iril 2.5,..19 71) <rs Dc4vment No. 24(121. in Bork .409 :.,:'-Oi and ' kis _?S.e yr cc'rd [i :5'll -, V. 0:4. 1S nocurnent. {. tIC7.. 261.2..8ir Bco3,: 4 T-• .iiag,:?.•• T . i:rht. ,:,.`i _a..E'sic ata _ sho'.;n otr- the .?3c'undar)',. SlitY res°a dr o Ix. ` 1 i ac cr ,.,g i; St] -. _ Coa a;Iv dated - '''....;o1:1',..:::: 3...3 .6,.c.rr1' ...2 , 0. rir 11 and• Ora ., and J.,...0-,:i.'u r22 of -: 09 aI, ti:c r r .s.smcntc .betoaf't'er, • • April 7, 2006 Fred Jarman Garfield County Planning Dept 108 8th St Ste 201 Glenwood Springs CO 81601 Re: Silt Heights Subdivision Sketch/Preliminary Plan Secs. 27, 28 & 34, T5S, R92W, 6TH PM W. Division 5, W. District 39 Dear Fred: We have reviewed the above -referenced proposal to subdivide a parcel of approximately 36.435 acres into four residential lots with one single-family dwelling and one accessory dwelling on each lot. The applicant proposes to supply domestic water through individual on -lot wells. Sewage disposal is to be through individual septic systems. Irrigation water will be provided through the dedication by the applicant of one Farmers Irrigation Company share to each lot for this purpose. Domestic use is estimated at 350 gpd per dwelling, and the irrigation of 2500 square feet per lot is estimated to require 1.6 AF annually. The applicant currently holds five well permits for the subject property. Permit No. 210911-A was issued for the replacement of an existing well. A condition of approval on the permit requires the applicant to submit a Well Abandonment Report to affirm that the old well has been plugged and abandoned. No such report has been received by this office. Since Permit No. 210911-A was issued pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on the parcel and the parcel is now being subdivided, the presumption under CRS 37-92- 602(3)(b)(II)(A) that there will not be material injury to the vested water rights of others or to any other existing well from such well will no longer apply. As such, an augmentation plan is required to offset depletions caused by the pumping of all wells. Based on the above, Permit No. 210911-A cannot be considered a legal source of supply. Since the applicant currently holds four permits issued pursuant to 37-90-137(2), Permit No. 210911-A should be cancelled and the well should be plugged and abandoned. Permit No. 61928-F was issued for the Silt Heights Well No. 1 on November 2, 2004 and expired on November 2, 2005. The applicant may submit evidence of well construction and pump installation along with the required $30.00 late filing fee to reinstate the permit. Permit Nos. 61929-F and 61930-F were issued on November 2, 2004 for the Silt Heights Well Nos. 2 and 3, respectively. The expiration date for both permits has been extended upon the applicant's request until November 2, 2006. Permit No. 61931-F was issued for the Silt Heights Well No. 4 on November 2, 2004. A Well Construction and Test Report was received by this office on April 13, 2005. The applicant must submit a Pump Installation and Test Report along with the required $30.00 late filing fee to maintain a valid permit for this well. The uses of Silt Heights Well Nos. 1-4 are each limited each to ordinary household purposes inside one single-family dwelling and one accessory dwelling unit and the irrigation of not more than 2500 square feet of home gardens and lawns. • • Fred Jarman Silt Heights Page 2 April 7, 2006 The maximum pumping rate for each well is 15 gpm, and the average annual diversion from all four wells combined is limited to 4.57 AF. The submittal also included a copy of Contract No. 020328SHS(a) between the applicant and West Divide Water Conservancy District (District) for 1.55 AF of replacement water. The September 1, 2005 Water Supply Report by Zancanella and Associates, Inc. included in the submittal incorrectly indicates that the Silt Heights Well No. 1 was drilled under Permit No. 210911-A. As stated above, Permit No. 61928-F was issued for the Silt Heights Well No. 1. This report indicates that both constructed wells were completed within the Tertiary Wasatch Formation. The report references a well test completed by Samuelson Pump Company, which indicates that the well constructed under Permit No. 210911-A produced an average of 7.5 gallons per minute over a two-hour period on April 14, 2003. The report also incorrectly indicates that the Silt Heights Well No. 2 was constructed under Permit No. 61931-F. As stated above, Permit No. 61931-F was issued for the Silt Heights Well No. 4. The well test completed by Samuelson Pump Company indicates that the Silt Heights Well No. 4 produced an average of 3 gallons per minute over a three-hour period on April 5, 2005. If the additional wells have similar production rates and sufficient storage capacity is provided, the domestic water supply should be physically adequate. No information was provided regarding the irrigation water supply. Based on the above, and pursuant to CRS 30-28-136(1)(h)(I), it is our opinion that the proposed domestic water supply is physically adequate, however material injury will occur to decreed water rights unless the applicant obtains and maintains valid well permits for the proposed wells pursuant to the District's temporary substitute supply plan. Due to a lack of information, we are unable to comment on the physical adequacy of the irrigation supply. The use of the irrigation water rights must not result in an expansion of use, and approval of a change of water right application by the water court may be necessary if the place of use is changed, If you or the applicant has any questions concerning this matter, please contact Cynthia Love at this office for assistance. Sincerely, Craig M. Lis, P.E. Water Resource Engineer CMLJCJLISiIt Heights.doc cc: Alan Martellaro, Division Engineer, Division 5 James Lemon, Water Commissioner, District 39 • December 06, 2005 Mr. Fred Jarman Garfield County Planning 108 86 Street, Suite 201 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. OAR_ AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Review of Sketch/Preliminary Plan Submittal for Silt Heights Dear Fred: A review has been performed of the documents for the Sketch/Preliminary Plan Submittal for Silt Heights. The package was found to be well organized. The following comments, questions, or concerns were generated: Protective Covenants: 1. Definition for Lot/Lots refers to Lots 1-5. Only four lots are proposed. 2. Individual Wells refers to Lots 1-5. Only four lots are proposed. Geotechnical Report: 3. Soils with expansive potential were encountered. Specific building foundation designs will be necessary. A note on the Final Plat would satisfy this recommendation. Wildlife Report: 4. The recommendations in the Wildlife Report should be included in the Protective Covenants. Water Supply Plan: 5. The water supply plan provides results and permits for two wells. Based on these results it is probable that two other wells can be permitted, but not certain. Prior to Final Plat the other two wells need to be permitted or a water distribution system meeting the requirements of Section 9:50 of the Subdivision Regulations of Garfield County needs to be proposed. 6. There are no specifics concerning the irrigation water. Article VII and VIII of the Protective Covenants requires irrigation water come from the irrigation ditch per allotted share but no volume or flow rate is specified. The August 29, 2000 letter from the Silt Water Conservancy District requires the future irrigation be only on ground that is historically irrigated. No delineation of historically irrigated area is shown. Perhaps the allotment of one share per Lot does not coincide with the historically irrigated area. This should be investigated. 7. How is the Fire Protection Pond proposed to be filled? Which share is to be used for filling the pond? 8. Why is there no consumptive use or evaporative losses allocated for the fire protection pond? Are storage and evaporation allowed uses of the water from the Farmer's Irrigation Company Ditch? 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com Silt Heights • Page 2 oft 12/06/2005 D rainaie Report: 9. Access to Lots 3, 2, and perhaps 1 will need to cross the proposed roadside ditch. How will the ditch flow be maintained with the anticipated driveways? Ifa culvert is proposed what size is necessary? Is the proposed ditch section sufficient to convey the anticipated flows? Shallow Utility, Water Service, and Sewage Treatment Report: 10. A proposed ISDS operation maintenance plan needs to be provided. Septic systems should be addressed in the Protective covenants. Plan Sheets: 11. What is the required cover on the 36" pipe? It appears that there could be less than 12". The profile of the road may need to be modified if the culvert flowline and size is constrained. 12. How does storm water cross either CR 259 or the shared driveway access at the intersection with CR 259? Is a culvert(s) required? 13, It appears that the 30,000 gallon fire storage volume is at an elevation of5692'. If this is correct then it also appears that some seasonal fluctuation is to be expected in the water surface elevation. This would then decrease the fire storage volume. Is this decreased volume acceptable to the Fire District? 14. How is this pond to be filled and maintained? 15. The depth of the pond is relatively shallow, especially in light of the seasonal variations. At the proposed water depths wetland plants are expected to thrive and engulf the entirety of the pond. This could pose significant functional problems to the fire protection use proposed. 16. The pond intake appears to be placed directly on the bottom of the pond. Generally the intake is placed above the bottom of the pond a set distance to limit the amount of silts and sediment that would be pumped. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountai Cross Engip ering, Inc. ris Hale, PE C: Mr. Daniel Dennison, High Country Engineering, Inc. MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design 826 Y Grand Avenue, Glenwood Springs, CO 81601 P: 974.945.5544 F: 970.945.5558 www.rnountaincross-eng.conl • CIVIL ENGINEERING November 9, 2005 Garfield County Building and Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 • LAND SURVEYING RE: Silt Heights Subdivision Drainage Response to note 1 from the comment letter provided by Fred Jarmin (Assistant Planning Director) date November 4, 2005. Dear Fred, Section 4:80(D) of the Subdivision regulations requires the design of drainage facilities to prevent storm waters in excess of historic run-off form entering, damaging or being carried by existing drainage facilities, and to prevent major damage or flooding of residences in a one hundred (100) year storm, showing 1) the area subject to inundation; and 2) the location and size of culverts, bridges, ditches and channels. It is unclear if the proposed drainage design was completed to the 100 -year storm event. The proposed Silt Heights Subdivision does not increase storm water run-off for the 100 -year storm event. Throughout the site, there are no defined channels other than the Farmer's Ditch. The offsite runoff and onsite runoff will be shallow overland flow creating no areas of inundation. The proposed houses will be protected when built per the Lnifornn Building Code. The Uniform Building Code requires grading for the proposed houses to drain away from the structures. The existing culvert underneath the upgraded subdivision road will not be replaced. only extended. The existing culvert is used for irrigation water and is sized based on ditch company requirements. Storm runoff will enter the Farmer's Ditch if the ditch is not flowing full. lythe irrigation ditch is flowing full, then storm drainage will follow historic paths. Sincerely, Daniel R. Dennison, P.E. High Country Engineering 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970345.8676 phone 970.945.2555 Fax www.hceng.coin 14 Inverness Drwe East, Suite F-120 Englewood, CO 80112 303.925.0544 phone 303.925.0547 fax • TRAFFIC STUDY • SILT HEIGHTS SUBDIVISION GARFIELD COUNTY, CO BCE JOB NO. 2000023.02 November 9, 2005 • Daniel R. Dennison, P.E. Project Manager • • TABLE OF CONTENTS SECTION PAGE INTRODUCTION 1 PROJECT LOCATION 1 TRAFFIC GENERATION 1 TRAFFIC IMPACTS 1 SUMMARY 2 • INTRODUCTION Below are the calculations to determine the average daily traffic volume that can be expected to be generated at build out of the Silt Heights Subdivision PROJECT LOCATION The proposed Silt Heights Subdivision is located on Silt Mesa between the City of Rifle and the Town of Silt. Access to the property is via Jewell Lane (CR 259) located approximately 1 mile north of State Highway 6. TRIP GENERATION The following calculations determine the average daily traffic volume that can be expected to be generated at build out of the Silt Heights Subdivision: Number of primary residences: 4 Number of additional dwelling units: 4 Number of Vehicles per Day generated by single-family detached residential per the ITE Trip Generation Manual, 6th Edition: 9.57 per residence 8 Residences x 9.57 trips/day/residence = 76.56 ADT (proposed traffic total) 1 existing residence x 9.57 trips/day/residence = 9.57 ADT (existing traffic total) 67 ADT (new trips created by proposed subdivision) TRAFFIC IMPACTS We anticipate that the directional distribution from the subdivision will be 50% to the east and 50% to the west based on traffic count data collected in the proximity of Miller Lane and Silt Mesa Road. The traffic headed west towards Rifle will travel one mile south along Jewell Lane, turn west onto Silt Mesa Road for 1.3 miles, and then south 1.2 miles to State Highway 6. This subdivision will add approximately 34 ADT to each of the intersections referenced above. The traffic headed east towards Silt will travel one mile south along Jewell Lane, turn east onto Silt Mesa Road for 0.67 miles, and then south 1 mile to the intersection of State Highway 6. This subdivision will add approximately 34 ADT to each of the intersections referenced above. • The State Highway Access review guidelines state that for all projects that generate less than ten trips in the peak hour require a Trip Generation Letter to the CDOT traffic engineer describing the project prior to final approval of the subdivision. The general guideline the state uses for this category is that each house will generate 1 peak hour trip. We are adding only 7 peak hour trips under this guideline. SUMMARY The impacts to the intersections listed above will not reduce the level of service on the County Roads enough to require any direct improvements. The State Access Review of the development will also not require any auxiliary lane improvements based on the CDOT traffic engineer's access permit guidelines. Nov.N(9. 2005: 4:06PM H:We ern Land & Homes, LLC • NNo•9674 PP. 2 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM ('hall be submitted with application) GARFIELD COUNTY (beieinafter COUNTY) and suksi\ (homer APPLICANT) agree as follows: 1. < APPLICANT has submitted to COUNTY an application for i' ,� t r. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield establishes a fee scb�dule fineach, of subdivisionor landCounty l�.esalution No, 98-09, as arrar�d review applications, and the guidelines for the administration of the fro structure. 3. APPLICANT and COUNTY agree that because of the size, nature project, it � not possible at this or scope of the proposed Ptime to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, estabbsbed for the PROJECT, and to thereafter permit additional costs to be bred to APPLICANT_ APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any coat for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded coats exceed the initial Base Pee, APPLICANT shall pay additional billies to COUNTY to reimburse the COUNTY fez the processing of the PROJECT mentioned above, APPLICANT acknowledges that all billing call be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, oz subdivision plan. APPLICANT „DCR-1 Signature Print Name -c suL alati Received Time Nov. 9. 3:31PM Page 4 • CIVIL ENGINEERING 10/15/05 Fred Jarmin Garfield County Engineering 109 Eighth Street, Ste. 100C Glenwood Springs, CO 81601 Re: Silt Heights Subdivision HCE Job No. 2000023.02 Dear Mr. Jarmin: An 9-lotp999yec-1 mud l.a9Tpany • LAND SURVEYING The following letter is to summarize the history of the proposed Silt Heights Subdivision. The proposal is for a 4 -lot subdivision at the end of County Road 259. There is an existing home on the property owned by the applicant. This project has been in the design process since 2000. The first version of the sketch plan was submitted as a 4 -lot subdivision with an improvement to the shared driveway up to a proposed cul-de-sac at the northern end of the property. This design required that a secondary access be provided to satisfy the fire access regulations. The lot alignment was such that each lot was of equal size and had similar frontage to the public road. The plans were approved for sketch plan and work had begun on the preliminary submittal. It was at this point that the financing of the project became an issue and the project was put on hold. The project was started again in 2004 and a five -lot scenario was reviewed for sketch plan by the county. The layout was similar to the one submitted two years earlier with one additional lot. The county expressed concerns about the quality of wells in the area and asked to see additional data and have more wells be drilled to show that the property could serve 5 lots. The county also asked that emergency access be added to run along the ditch to better follow the spirit of the access regulations. The applicant approached the irrigation ditch company to allow for a ditch crossing that would open up the west side of the property for development. This change would have provided an internal loop. The ditch company approved a ditch crossing and the project was reorganized for a 6 -lot plan that would involve the entire 36 acres. In 2005 work began on the location of potential well sites. The existing property abandoned its original well and drilled another well that had a capacity and water quality that was much improved from the well represented in the earlier submittals. A well for a second lot was also drilled and tested with results that were sufficient for a single-family lot. We became aware of a restriction on any additional water rights in this portion of Silt 1517 Blake Avenue, Suite 101 C;lcnwood Springs, (X) 81601 970.945.8676 phone 970.945.2555 fax WWW.hceng.coIn 14 Inverness Drive Easr, Suite F-120 Englewood, (:0 80112 303.925.0544 phone 303.925.0547 fax • • Fred Jarniin Paget October 12, 2005 Mesa until a resolution is reached for the boundary of the water districts. Based on the delays that would be caused in the process to claim additional water rights and quality of the existing wells, the decision was made to revert back to the original plan to limit the property to 4 lots. With this number of lots the existing well permits (which have been extended) and the original augmentation plan is still applicable. The proposed 4 -lot subdivision is similar to the original proposal with a couple noted changes. The shared access road will not extend beyond the 600 feet that requires a secondary emergency access point. This moves the project to a more clustered set up. The road up to the cul-de-sac is proposed as right-of-way to be dedicated to the county as public road. The fire department has also asked that a 30,000 -gallon water source be provided at the property to serve as a regional fire suppression reservoir. The plans propose for a lined 30,000 -gallon pond that will be filled with irrigation water or truck - hauled water to maintain the 30,000 -gallon capacity. The Rifle Rural Fire Protection District will have a dry hydrant connection available along County Road 259 at the southeast comer of the subdivision. The applicant is proposing that the plan be reviewed for sketch and preliminary plan despite the expiration of the sketch plan back in June of 2005. Sincerely, HIGH COUNTRY ENGINEERING, INC. 5 Dan Dennison, P.E. Project Manager