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HomeMy WebLinkAbout1.0 Application• • GARFIELD COUNTY Building & Planning Department 108 8' Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970945.3470 www.garfield-county.com Subdivision Application Form GENERAL INFORMATION (To be completed by the applicant.) 7 Subdivision Name: Native Springs Subdivision • Type of Subdivision (check one of the following types): Sketch Plan X Preliminary Plan X Final Plat X • Name of Property Owner (Applicant): Jim & Paul Luginbuhl ➢ Address: P.O. Box 950 Telephone: 970-927-4585 ➢ City: Basalt State: CO Zip Code: 81621 FAX: 970-927-4585 > Name of Owner's Representative, if any (Attorney, Planner, etc): Barbara P. Kozelka, Petre & Petre, P.C. A Address: P.0. Drawer 400 Telephone: 970-945-6521 • City: Glenwood Springs State: CO Zip Code: 81602 FAX: 970-945-4885 ;. Name of Encineer: High Country Engineering, Inc. Address: 1517 Blake Ave., Ste 101 Telephone: 970-945-8676 > City: Glenwood Srrinns State: CO Zip Code: 81601 FAX: 970-945-2555 Name of Surveyor: High Country Engineering, Inc. Address: same as above Telephone: • City:State: Zip Code: FAX: > Name of Planner: Ron Liston, Land Design Partnership Address: qj Cooper dwP Telephone: 97n gas -7216 City: Glenwood SpringsState: C0 Zip Code: 81601 FAX: 970-945-4066 • • GENERAL INFORMATION continued... • Location of Property: Section i 1 & ? Township Range 93W • Practical Location / Address of Property: TB1L County _Road 221. Sil-r - Current Size of Property to be Subdivided (in acres): A9_06 arrP • Number of Tracts 1 Lots Created within the Proposed Subdivision: 11 (pt itq Anil S) • Property Current Land Use Designation: o Property's Current Zone District: A/R/RD a Comprehensive Plan Map Designation: Outlying Residential Proposed Utility Service: r Proposed Water Source: individual wells with West Divide_ Conservancy District contract r Proposed Method of Sewage Disposal: ISTS Proposed Public Access VIA: County Road 221 Easements: Utility: Powerline Ditch: Irrigation r Total Development Area (fill in the appropriate boxes below): 'CI), Residential Parkin 'i?tuv d' Units/ Lot . Size (Acres) Parking Provided 1(3) Industrial I Single -Family L 11/11* 3.75 59,804 44** L Duplex 2.405 Total Multi -Family 0 Mobile Home. 0 F I Total 11* 1 59.804 1 44** * ** Base Fee: Sketch Plan - S325.00; Prelim Plan - $675.00; Final Plat - $200 paid on Plat Review Fee of 550 paid an or single family dwellings VFiaor.'Areas(sq..f4-1 Size (Acres) Parkin 'i?tuv d' VI:Commercial: 1(3) Industrial L 1,(4) Public/ Quasi -Public 3.75 (roads) �(5) Open Space 1 Common Area 2.405 Total Base Fee: Sketch Plan - S325.00; Prelim Plan - $675.00; Final Plat - $200 paid on Plat Review Fee of 550 paid an or single family dwellings FROM : NATIVE SKIS= PHONE NO. Lt— 7-2003 - Gr•'.a ='_ 7. 4.`yy 41`.1b5� Apr. 17 2003 OS: 24y M P1. +f staff determines teat ail the required irrfarrnaticn nas been aubr"•itted, a fetter ►vt'l be sett to the app!acaet ndicst:ng the application nos teem doemed 1ecttnica!Iy complete.- it is at Ms point Staff will disC inC�4e5 Arran is nott ae �i?I C h��rt � Ortton has �mAet�n en 8 n�'� r.'`t*`o'� JOBB not to be ;resented to the BOCC for s+griatt:te. require pu.^.iic notice.) If Staff CoterfrlreS that ail the roqufred information has been submitted, a Ped& will be sant to the applicant Indicating :he application Goes not comply `with hesubmittal reeuirerrents And therefore `las determined the application to be lecnrucafiy Pie letter will also outline the application& rriefesenoles so that the apolicant iuiOwS what additional Information needs to be submitted. Once the application has been ceernad tscftniceily complete and a date has been established as to when the BOCC w i review the Final Plat, Staff wilt ►eview the application 1 Final Plat in terms of seequscy to determine ,f all the submitta' information satisfies Tie Final plat requirements as well as the responses to theditions o incp''ov 1. During u ingltis reviewevent Staff wiJ forward the Final Plat the County Surveyorreview there are additional 'questions Or clarification issues to be addresee . the Cues. ata nee will generally contact the applicant to have the plat edit,rsted as rtt.CeSSery. completed the review arc all required Information eras been submitted to the satisfaction of the Planning Department anti the County Surveyor has signed the Final Fiat in Mylar form. It wilt oe SC'ocluled at the next SCCC meeting to be Claud on the Canse'.'itt arer;de with a request to authorize the Chairman of the SCCC to sign tie plat Once the Final Piet Ls signed. it ;s then recorded by the Count/ Clerk in the Clerk end Recorder's Cfr= fora fee of 511 for the First sheet and SIC for eac t adoMonat sheet thereafter. " nils fee shalt be ;aid by the aonlicarrt This act of recording the signed Final Plat represents the completion of the Garfield CJunty Subdivision Process. Please refer to the apeciftc language t'he Final Rat porton (Section 5:00) of the Subdivision RegulaadinS fOr Specific timelines and additional rispcn abilities required of the applicant to complete the Fnai Ptat process. Please Note: This information presented above la to b. 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 ahem on-line at: :flwww. arta IthJnian.cninoifindex.ritril In order to ascertain all the necessary requirements for a..'ch of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. 1 nave read the s[atements above and have provided the required attached information which is correct art accurate to the best of my knowledge. Last Revised: ; ';2' 72002 II Iti1.11111 I l % kFtp !;•111111111111 P4bl r ALSDORF Q{r'+ -•00"d 0.00 Gf4RFIELO COUNTY Co STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 4th day of February A.D. 2002, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2002 11 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE NATIVE SPRINGS SUBDIVISION. WHEREAS, Jim and Paul Luginbuhl filed an application with the Board of County Commissioners of Garfield County for approval of the Preliminary Plan for the Native Springs Subdivision; and WHEREAS, the Garfield County Planning Commission reviewed the Native Springs Subdivision Preliminary Plan application and recommended approval to the Board of County Commissioners; and WHEREAS, based on the material submitted by the applicant, the recommendation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: That proper publication, public notice and posting was provided as required bylaw for the hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan, 11111111111111111111111111 1111111101111 lilt 595975 02/0612002 12:01111R5 F 2; ARF 6132 Cg46262 1'M ALSDORF 2 of 5 R 0.00 b 0,00 G • 4. That tree proposed subdivision of, and is i rrmilia scefwith t ~ PO r irneu..datioas set forth in the CamPrehensive Plan for the uni ic,orpor yea a ea'dt the oufi �, a 1. ti 5. That all data, surveys, analysis, studies, plans and designs as required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the Garfield County Subdivision Regulations. 6. That t1j e proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7.. That for the above stated and other reasons set forth herein, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW THEREFORE, BE IT RESOLVED that the Preliminary Plan for the Native Springs Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: 1. That all representations made by the applicant in the application, and at the public hearings before the Planning Commission and the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The recommendations of the Road & Bridge Department (including moving the fence and obtaining an access permit) shall be followed. A copy of an approved access permit, shall be submitted prior to approval of any final plat. The historic agricultural access along the eastern boundary of the property shall be abandoned, removed, and restored. 3. All roads and addresses shall be clearly marked so that they are visible from the road. The covenants shall also state this. 4. The covenants shall be amended to clearly state that the HOA may assess monies for road maintenance, and the HOA shall conduct said maintenance. The following correction shall be made to plat note #4: "That all street maintenance and associated expenses, shall be furnished by the Native Springs Subdivision Property Owners Association, Inc., not by the County of Garfield." 5. Prior to approval of the final plat by the Board of County Commissioners, the section of covenants that addresses revegetation shall be amended so that a particular party, such as the Homeowners' Association shall be made responsible for implementation of the revegetation plan. Plat note #7 shall be amended to state: "The individual lot owners shall be responsible for control of noxious weeds on their property. The Native Springs Subdivision Property Owners Association, Inc., shall be responsible for control of noxious weeds on all common areas. 6. The location of all wetlands shall be surveyed and shown on the plat and construction plans as necessary. A note shall be included which prohibits disturbance of the wetlands, • 111111111111111111 [111111 lii ill l III 1111 IIII IIII 696873 02/06/2002 12:01P 81327 P463 M ALSDORF 3 of S R 0.00 D 0.00 GARFIELD COUNTY CO and protections shall be put in place to prevent disturbance during construction. 7. Prior to approval of the final plat by the Board of County Commissioners, the drainage plan shall be amended to address all concerns of Resource Engineering. 8. Prior to building, each lot owner shall obtain a professionally prepared (by a licensed engineer in the State of Colorado) grading and drainage plan which ensures positive drainage away from built structures, and ensures protection of the ditch to prevent erosion and sedimentation on lots 1, 3, and 11. The covenants and plat shall include an appropriate disclosure. 9. All recommendations made by Hepworth-Pawlak shall be followed. Site- specific studies shall be conducted for individual lot development, and a plat note and the covenants shall state such. The following shall be included on the plat, and in the covenants: "Site specific studies for individual lot development shall be conducted by a registered professional engineer within the State of Colorado. These studies shall include drainage and grading plans, Individual Sewage Treatment System design, foundation design, and underdrain system design. The cost of these studies shall be borne by the individual property owner." 10. Prior to approval of the final plat by the Board of County Commissioners, written approval and acceptance of the 30,000 gallon central water supply from the Rifle Fire Protection District shall be submitted; the plats and covenants shall include a note requiring final approval of all individual fire sprinkler systems by the Rifle Fire Protection District. 11. All recommendations made by the Division of Wildlife shall be followed. 12. No more than a total of 3 cattle and/or horses shall be kept on each lot. The covenants shall clearly state this. 13. All applicable fees shall be paid prior to approval of the final plat_ 14. The covenants/plat notes shall be amended as follows: a.) Plat note 413 states ownership of the mineral rights lies with the Greens. This note, and the covenants, should be expanded to disclose the future possibility of mineral exploration and recovery on the property. This disclosure must also be provided at the time of closing. b.) The covenants should clearly state that no more than 500 square feet of lawn or garden shall be watered with the domestic well water. All additional landscape irrigation must be achieved from legal sources. 15. Prior to approval of the final plat by the Board of County Commissioners, the applicant shall provide a letter from the State Engineer's Office of "no material injury" in light of the questions raised in the staff report, and shall provide proof of adequate irrigation .1111111III•It 111111 11111111 1111111 OOP 1111111111111 59697502/06/2002 12.0 B1327 P464 17 ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO water rights to support the proposal. 16. Wells shall be properly designed and constructed so as not to draw from shallow .groundwater, and no well shall be shallower than seventy (70') feet. Each and every well shall be drilled, pump tested, and water quality tested (for nitrates, nitrites, bacteria, phase II and V inorganics, radiation, and dissolved solids). No final plat shall be approved until the results meet the subdivision requirements and satisfaction of the Board of County Commissioners. 17. The covenants shall be amended to clearly state that property adjacent to the subdivision is zoned commercially, The adjacent commercial zoning shall be disclosed to potential lot purchasers at the time of closing, who should be fully prepared to accept any impacts the commercial zoning inay present. 18. Conventional ISDS shall be prohibited. ISIS (individual sewage treatment systems) shall be used. The Covenants shall be amended accordingly. Similar provisions shall be made regarding maintenance of the ISTS as in other approvals of ISTS in the County. Dated this 4th day of February , A.D. 2002. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motiovddly Made and seconded the fore: oing Resg The following vote: Commissioner John Martin tion was adoptee by Commissioner Larry McCown ,nay ,aye Commissioner Walt Stowe ,aye STATE OF COLORADO County of Garfield 1, ) SS , County Clerk and ex -officio Clerk of the Board of County • 11111111!11111111111111111 I1II1I1 111 11111 1111 111 596975 02/06/2002 12 : O1P 81327 P468 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO Commissioners in and for the County and State aforesaid do hereby certify that the foregoing Resolution is truly copied from Records of Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS, THEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2002. County Clerk and ex -officio Clerk of the Board of County Commissioners 05/13/203 13:15 6253627 ROAD AND BPIF"E 1111 40/ ,GAR.FIELD COUNTY Building (C PlaymingDepartment Review Agency Form Date Sent: 4/2812003 COMMencs Due: 5/21/2003 Name of application Native Sprigs Subdivision Sent to: el Bridge NO— PAGE 002 Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to Garfield Cowity+ Building & Planning Staff contact Fred Jarman 109 81° Stree, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 Garfield Riad arnd )3ridue ad br toJrfield @� . ,arithin the 30`foo1 General comments,'C� fmm center line o£ tine rc� mpmven ts- Aix Eric:gr lin reuest 3 foot W Cfar re ROW will itis movDd back t0 tructs. Fy I 1., •L• the aevw pr t of the subdivn farcy int rli ! be ipat these u . on. be located at lb C antra .. $ t name 1.l ' - r 1 r the .. of he has beenPl--- s� b Tr c Slsaued and all work stated islthh- Control Devi Name of review agency: Garfield County Road Avid Bridge Dept Date 05/14/2003 By: Kraig Kuberry Courtney G. Petre Barbara P. Kozelka Judith A. Whitmore George J. Petre, Of Counsel LAW OFFICES PETRE & PETRE, P.C. 110 EIGHTH STREET POST OFFICE DRAWER 400 GLENWOOD SPRINGS, COLORADO 81602 April 18, 2003 VIA HAND DELIVERY Mark Bean, Director Garfield County Building & Planning 108 Eighth Street, Room 201 Glenwood Springs, CO 81601 Telephone (970) 945-6521 Telecopier (970) 945-4885 E-mail - barbsofc(a7sopris.net Re: Application for approval/"re-review" - Native Springs Subdivision Dear Mark: Accompanying this letter are twenty completed subdivision application forms and twenty copies of the original application submittal for preliminary plan approval of Native Springs Subdivision submitted on May 24, 2001, by High Country Engineering and Land Design Partnership. Each copy is accompanied by a packet of supplemental materials (labeled as such) consisting of the materials submitted on April 3, 2003. The supplemental materials provide documentation that the conditions of original preliminary plan approval have been met by the developer. Also accompanying this letter are seven full-size copies of the preliminary plat and plans for grading, drainage, utilities and irrigation submitted by High Country Engineering with the original preliminary plan application. If you would like additional copies of the proposed final plat submitted earlier this month, please let me know. Additionally enclosed is a check made payable to "Garfield County Treasurer" in the amount of $1,200.00, for payment of all review fees. As we discussed with Don Deford last week, these materials are submitted to accommodate a procedure acceptable to the County to obtain "re -approval" of Native Springs Subdivision at the sketch and preliminary plan levels, as a consequence of the expiration of the preliminary plan approval for the project originally approved on February 4, 2002. Per our discussion, it is my understanding that the only method available under the county subdivision regulations to "re -instate" the previous sketch and preliminary plan approvals is "re -review" of the project by the Planning and Zoning Commission. The developer has diligently pursued compliance with all of the conditions of the original preliminary plan approval and has constructed substantially all of the required public improvements. Expiration of the preliminary approval was apparently due to inadvertence, certainly not to lack of diligence in pursuing the project. Accordingly, I believe we are in agreement that streamlining the review process to the greatest extent possible is justified. Specifically, as we discussed, sketch and preliminary plan approval may be considered concurrently by the Planning and Zoning Commission at a single hearing. The subdivision regulations do not prohibit such consolidation of the "stages" of subdivision approval. Mark Bean 04/18103 Page 2 It is my understanding that there is insufficient advance time for this to be placed on the Planning and Zoning Cotnmission schedule for May, but this can be scheduled for the June 11 meeting. Your willingness to accept re -submission of the original application materials with an explanatory cover sheet, together with the supplemental materials, is appreciated. Ron Liston of Land Design Partnership has reviewed the submittal packet and has confirmed that the elements of this 11 -lot residential project remain unchanged from that originally presented, except to the extent the conditions of preliminary approval established in 2002 have been complied with. I would additionally note that my subsequent review of the owner/developer's title documents indicates they are, in fact, the owners of the mineral estate for the property; I have no idea why it was thought otherwise when the project was originally submitted. I have enclosed a current title commitment for the property (dated 03/18/03) with this letter; if you think a copy needs be included with all the submittal copies please let me know and I will be happy to deliver 19 more copies. I will provide an updated list of adjacent property owners early next week. We would like to publish and mail notice for this application for the June 11, 2003, Planning, and Zoning Commission, with publication as soon as possible (preferably Friday, 04/25/03). I would greatly appreciate a call if you agree that publication can go forward. Assuming the same conditions of approval are re -affirmed, and assuming your staff finds that such conditions have been met (as documented in the supplemental materials), the Board of County Commissioners can review the project for preliminary plan "re -approval" (so to speak) and final plat approval concurrently in a single hearing. I would be happy to answer any questions I can, however, I was not involved with the project from the beginning and my familiarity remains largely limited to the protective covenants, the release of a 1995 mineral lease on the property, and the final plat. Accordingly, any substantive questions might best be directed to the various engineers and other experts identified in the materials. Ron Liston of Land Design Partnership remains the land use planner. Thank you for your assistance. Sincerely, A/1 (_,? f BARBARA P. KOZELKA BPK/fm encls. cc: Jim & Paul Luginbuhl Ron Liston, Land Design Partnership '� l From Land Title Guarantee Tue 18 Mar 2003 10:18:56 AM MSI • rye i ill Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 03-18-2003 Our Order Number: GMT:09033-3 Property Address: PETRE e$ PETRE, P.C. 110 8TH STREET GLENWOOD SPRINGS, CO 81601 Attn: BARBARA P. KOZELKA phone: 910-945.6521 Copies; 1 Sent Via US Postal Service Rxm[E.IIVEFW From Land Title Guarantee Tue 18 Mar 2003 10:18:56 AM POI ray L L:1 7 L andTitle Guarantee err arryr AIR C NTPCiS Property Address: Buyer/Borrower: TSD Seller/Owner: JIM E. LUGLYBL"HL AND PAUL B. LUGINBUHL Date: 03-18-2003 Our Order Number: GW239038-3 If you have any Inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Glenwood Springs "GW' Unit For Closing Assistance: 1317 GRAND AVE #200 GLEN WOOD SPRINGS, CO I Phone: 970-945-2610 Fax: 970-945-4784 Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to anv of our 40 office locations. E snMATE'CFT1TI E FEES TBD Commilment $184.00 Torn_ $184.00 'arm CONTACT THANK YOU FOR YOUR ORDER! 1601. From Land Title Guarantee Tue 18 Mar 2003 10:18:56 AM M51 rage ] ui • • Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW:39038-3 Schedule A Oast. Ref.: Property Address: 1. Effective Date: February 07, 2003 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: TBD" Commitment Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein Ls: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: JIM K LUGINBUHL AND PALL B. LCGINBUHL 5. The /and referred to in this Commitment is described as follows: SEE ATTACHED PAGES) FOR LEGAL DESCRIPTION From Land Title Guarantee Tue 18 Mar 2003 10:18:56 AM M5 age 4 of 9 • Our Order No. GW239038-3 I ECAL DESCF1 FrnW A TRACT OF LAND SITUATED IN THE NORTH 112 OF SECTION 11 AND THE SWIJ4SE1I4 OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL NLERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 11, MARKED WITH A 2 1/2" ALUMINUM CAP, THENCE S 89 DEGREES 29'33" W 667.45 FEET ALONG THE NORTH LINE TO THE NORTHWEST CORNER OF THE NE114NEIJ4NWIJ4 OF SAID SECTION 11; THENCE S 00 DEGREES 11'16" E 287.89 FEET ALONG THE WEST LINE OF SAID NEIl4NE1/4N WIl4 TO THE NORTH LINE OF THE W EVIMER PARCEL AS DESCRIBED ISI BOOK 367 AT PAGE 458; THENCE N 89 DEGREES 31'32" E 279.44 'ELT ALONG THE NORTH LINE TO THE NORTHEAST CORNER OF SAID WENEMER PARCEL; THENCE S 00 DEGREES 22'28" E 1028.81 FEET ALONG THE EAST LINE TO THE SOUTHEAST CORNER OF SAID W .INNMER PARCEL, ALSO BEING THE SOUTH LINE OF THE NE1J4NWIf4 OF SAID SECTION 11; THENCE N 89 DEGREES 37'45" E 382.261+ELT ALONG THE SOUTH LINE TO THE SOUTHWEST CORNER OF THE NWIJ4NE114 OF SAID SECTION 11; THENCE N 89 DEGREES 39'46" E 1315.08 FEET ALONG THE SOUTH LINE TO THE SOUTHEAST CORNER OF SAID N WIJ4NEJJ4; THENCE N 00 DEGREES 10'59" W 1319.25 FEET ALONG THE EAST LINE OF SAID NW1/4NE1J4; THENCE N 00 DEGREES 39'37" W 466.37 FEET ALONG THE EAST LINE OF THE SWIJ4SEIJ4 OF SAID SECTION 2; THENCE S 89 DEGREES 34'26" W 1013. 04 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 210; THENCE S 36 DEGREES 37'43" W 219.93 FEET ALONG SAID R.O. W.; THENCE 5 35 DEGREES 58'55" W 174.94 FEET ALONG SAID R.O. W.: THENCE S 36 DEGREES 49'44" W 102.62 FEET ALONG SAID R.O. W. TO THE WEST LINE OF SAID SWII4SEIJ4 OF SECTION 2; THENCE 5 00 DEGREES 57'59" E 67.81 tG'EET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO From Land Title Guarantee Tue 18 Mar 2003 10:18:56 AM MST • • rage ) or J ALTA COMMITMENT Schedule S-1 (Requirements) The following are the requirements to he complied with: Our Order No. GW239038-3 Payment to or for the account of the grantors or mortgagors of the full consfderalion for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, tst-wit: TATS CONENDTMENT IS FOR I FOR4IATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. From Land Title Guarantee Tue 18 Mar 2003 10:18:56 AM M51 • • rage 0 01 7 ALTA COMMITMENT Schedule 11-2 (Exceptions) Our Order No. GW239038-3 The policy or policies to be issued will contain exceptions to the following 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 Hen, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, enetnnbrances, adverse claims or other matters, if any, created, first appearing in the public 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. Taxes and assessments not yet dire or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. DEED OF TRUST DATED N1ARCH 27, 2000 FROM .I[M E. LUGINBUHL AND PAUL B. LUGINBUHL TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF GEORGE 17. GREEN AND ARDIS A. GREEN TO SECURE THE SUM OF $324,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED MARCH 27, 2000, IN BOOK 1178 AT PAGE 455. 10. THE EFFECT OF INCLUSIONS 1N ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR LNCLUSION N ANY WATER SERVICE OR STREET LMPROVEMENT AREA. 11. RIGHT OF PROPRIETOR OF A VELN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME 13E FOUND TO PENETRATE OR INTERSECT THE PREMISES' AS RESERVED LN UNITED STATES PATENT RECORDED DECEMBER 14, 1917, LN BOOK 73 AT PAGE 105 AND RECORDED MARCH 13, 1923 IN BOOK 73 AT PAGE 147. 12. RIGHT OF WAY FOR DITCHES OR CANAIS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STAT FS AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 14, 1917, LN BOOK 73 AT PAGE 105 AND RECORDED MARCH 13, 1923 Lei BOOK 73 AT PAGE 147. From Land Title Guarantee Tue 18 Mar 2003 10:18:56 AM MST • rage f of 7 ALTA COMMITMENT Schedule 8-2 (Exceptions) Our Order No. GW239038-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENTS RECORDED OCTOBER 30. 1962 LN BOOK 345 AT PAGE 195 AND AT PAGE 199. 14. UTILITY EASEMENT AS GRANTED TO COLORADO -UTE ELECTRIC ASSOCIATION, INC IN INSTRUMENT RECORDED MAY 06, 1963, IN BOOK 349 AT PAGE 106. 15. TERMS, CONDPTIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT CONVEYED TO US WEST COMMUNICATIONS RECORDED APRIL 27, 1992 IN BOOK 830 AT PAGE 63. 16. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREET'S, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. From Land Title Guarantee Tue 18 Mar 2003 10: IT 56 r M MS Page b OT • • LAD TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property nay be located in a special taxing district Bl A Certificate of Takes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent C) The 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: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top nein of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space hs provided for recording or filing information at the top margin of the document Note: Colorado Division of Trance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the dosing and is responsible for recording or filing of legal documents resulting from the transaction which was closed"- Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued_ Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No Tabor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) .The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's Hers. 0) The Company most receive payment of the appropriate premium E) If there has been construction, i nprovements or major repairs undertaken on the property W be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any addittomil requirements as may be necessary after an examination of the aforesaid inforrnadon by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-1'3, notice is hereby given: 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 sone 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. This notice applies to owner's policy commitments containing a mineral severance insttvanent exception, or exceptions, In Schedule B, Section 2. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above €onditions are fully satisfied Form DISCLOSURE 09/01/02 t-rom taro lit ie Guarantee We 16 Mar LUU3 1U:15:)b HM 1t71 r • r aye 7 u1 s .JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL. TITLE INSURANCE COMPANY Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it nary be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Land Title Guarantee Company and Land Title Insurance Corporation and Old Republic National Tide insurance Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or abets. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law_ We also may disclose this information about our customers or former customers to the following types of nonaffiliated colopathies that perform marketing services on our behalf or with whom we have Joint marketing agreements: * Financial service providers such as companies engaged in banking, consumer finance, securities anti insua^raace. * Non-financial companies such as envelope staffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL ENFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT LS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information_ Form L TV.PCQ,. 13J R C INTI 2'133 Blfiti rING & PLANNING • Garfield County Application for Driveway Permit Application Date: 4/8/2003 Permit Number: 31 Termination Date: 05/04/03 County Road Number: 221 District: 2 Sub -Contractor: Permitee: Native Springs Subdivision Inspector: Kraig Kuberry hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 221, , adjacent to Applicant's property located on the side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2_ Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. • 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. Special Conditions: 1. Driveway width -32' 2. Culvert is in place. 3. Trees, brush or fence will be removed from site for 500ft west and east on CR 221 for visibilty. 4. Chip seal in 90 days up to CR 221. In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Native Springs Subdivision Address: Telephone Number: Permit granted 4/8/2003, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County. Colorado: Representative of Garfield County Road and Bridge Signature Special Provisions for Excavation of Road Surface and Installation 1) Any oversized material, (larger than 10 inches in diameter), that is not utilized in backfill will be hauled off by permitee. Further, any frozen material will be removed from site by permittee. 2) When a paved or chipped surface is cut, it is to be replaced with a minimum three-inch (3") hot mix asphalt patch. Temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or availability of materials allow the work to be completed. An asphalt or chipped surface cut would require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch, which will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All seal coats will overlap edges by a two of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in a maximum of five (5) working Days. Weather permitting. 3) When possible all installations should avoid the top edge of a fill slope. 4) Installations in drainages subject to flash flooding will have a minimum bury of 4 feet deeper than normal flow line at nearest abutment, wing wall, or culvert. 5) Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between installation and the bottom of the culvert. 6) Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep livestock out of the open trench after hours. 7) In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified weed -free seed. Noxious weed control will be ongoing along with re -vegetation. 8) The permittee should check the R -O -W of surrounding landowners to see if other permits are required, i.e., BLM, Forest Service. Representative for Garfield County Road and Bridge Native Springs Subdivision • • Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. AH driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. -141111P )affiVil L Garfield County Road and Bridge Department P.D. Box 426 Rifle, CO 81650 Phone -(970)625-8601 Fax- (970)625-8627 • Invoice Date: Invoice 4/2003 Invoice Number: 31 Bill To: Native Springs Subdivision C/O Paul Luginbuhl P.O. Box 950 Basalt , CO 81621 Driveway Permit Number: 31 $15.00 per Driveway Permit. Driveway Permit Fee: $75.00 Total Due: $75.00 Thank You! Courtney G. Petre Barbara P. Kozelka Judith A. Whitmore George J. Petre, Of Counsel • LAW OFFICES Telephone PETRE & PETRE, P.C. (970) 945-6521 110 EIGHTH STREET Telecopier POST OFFICE DRAWER 400 (970) 945-4885 GLENWOOD SPRINGS, COLORADO 81602 E-mail - barbsofc©sopris.net May 1, 2003 Fred Jarman, Senior Planner Garfield County Building & Planning Department 108 8"' Street, Suite 201 Glenwood Springs, CO 81601 Re: Native Springs Subdivision Dear Fred: Enclosed are copies of the following:: 1. Eleven well permits with approved permit extension dates of 05/23/04, and eleven "Change in Ownership" forms for the wells. These were furnished to me by Zancanella & Associates. If you have any questions about them please call Zancanella's office. 2. A copy of the driveway permit approved by County Road & Bridge on 04/08/03. I would like to pick up the public notice to be posted at the property on Monday, if possible. If the notice is not ready on Monday, I would appreciate it if you would call Ron Liston at Land Design Partnership (945-2246) and let him know when the notice is ready as it must be posted by Friday 05/09/03. Ron will arrange for posting. Please note I will be out of the office from Tuesday 05/06/03 through Tuesday 05/13/03. If you have any questions during my absence please call Ron Liston. Indeed, please note that Ron Liston will appear on behalf of the applicant at both the Planning & Zoning Commission hearing and at the County Commissioners' hearing. Also please note that I have asked High Country Engineering to make a couple of minor revisions to the text of the owners' and attorney's certifications on the final plat and. I expect them to deliver replacement copies of the final plat to you shortly. Thank you for your assistance with this matter. Sincerely, IF( BARBARA P. KOZELKA SPK/fm; encls. cc: Ron Liston (w/o encl.) Jim & Paut Luginbuhl (w/o encl.) J Form No. GWS -25 APPLICANT OFFICE OF T TATE ENGINEER COLORADO Q STATE OF WATER RESOURC 818 Centennial Bldg„ 1313 Sherman St., Denver, Colorado 80203 (303) 868-3581 PAUL 8 & JIM E LUGfNBUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 057484 DIV. 5 WD 39 DES. BASIN MD Lot: 1 Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 114 Section 11 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1050 Ft. from North 2050 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall 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. 2) The construction of this well shall be in compliance with the Water Well 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. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate paint 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, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. Ail use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #1. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well perrOit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means artitecautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54918-F, was previously issued for this I Permit Expiration Date Extended to May 23, 2004 AOT 4-10-03 APPROVED JSG Receipt No. 9501076 ,ilke' State Engineer DATE ISSUED MAY 2 3 nu By EX P 3 Form No.. OFFICE OF THTATE ENGINEER GWS -25 -4 COLORADO D ION OF WATER RESOURCO 818 Centennial Sldg.. 1313 Sherman St.. Denver, Colorado 80203 (303) 866-3581 APPLICANT PAUL & JIM E LLIGINBUHL PO BOX 950 BASALT, CO 81621 - LIC WELL PERMIT NUMBER 057485 - DIV, 5 WD 39 DES. BASIN MD Lot: 2 Slack: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 114 Section 11 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 800 Ft. from North Section Line 1790 Ft. from East Section Line (970) 927-4585 UTM COORDINATES RERMIT TO CONSTRUCT A WELL Northing: Easting: r ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall 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. 2) The construction of this well shall be in compliance with the Water Well 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. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River, as an alternate 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, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. or under an approved plan for augmentation. WDWCD contract #00906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL#2. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed an this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon requ est. NOTE: Expired permit no. 54919-r, was previously issued for this lot 'Permit Expiration Date Extended to May 23, 2004 1 AOT 4-10-03 APPROVED JSG ,Receiot No. 9501075 4 State Engineer DATE ISSUED MAY 2 3 By EXPIRATION DATE MAY 23 ZOO Form No, - APPLICANT OFFICE OF THE ATE ENGINEER COLORADO DIV ION OF WATER RESOURCE11 818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203 (303) 866-3581 PAUL B & JIM E LUGINBUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 NSTRIJCT A WELL PERMIT Td CL} LIC WELL PERMIT NUMBER 057486 - DIV. 5 WD 39 DES. BASIN MD Lot: 3 Black: Filing: Suodiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 500 Ft. from North Section Line 2050 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1 ] This well shall 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. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2. unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate 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, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. W DWCD contract #000906PJL(a). 4] The use of ground water from this Weil is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect This well is known as WELL #3. 5) The maximum pumping rate of this well shall not exceed 15 GPM, 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing firm meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54920-F, was previously issued for this lot. 5/02r4, — Permit Expiration Date Extened to May 23, 2004 AOT 4-10-03 APPROVED JSG Receipt No. 9501074 State Engineer DATE ISSUED MAY -L 3 20"' g EXPIRATION DATE t`I �1 i 23 LD 3 Form No. OFFICE OF TH�ATE ENGINEER GWS -25- 'COLORADO DI ON OF WATER RESOURCE 818 Centennial aldg., 1313 Sherman Si, Denver, Colorado 80203 (303) 866-3581 APPLICANT PAUL 6 & JIM E LUGINBUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 (=OMIT TC cr) J$TRucT A WELL L1C WELL PERMIT NUMBER 057487 DIV. 5 WD 39 DES. BASIN MD Lot: 4 Block: Filing: Suudiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 250 FL from North Section Line 2050 Ft. from East Section Line UTM COORDINATES Northing: Easting: Y ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall 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. 2) The construction of this well shall be in compliance with the Water Well 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. 3) Approved pursuant to CRS 37-90-137(2) far the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate 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, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WOWCD contract #000906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not mare than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a pian for augmentation is in effect. This well is known as WELL #4. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit numner(s). name of the aquifer. and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54921-F. was previously issued for this lot.1%+-,/:ate Permit Expiration Date Extended to May 23, 2004 AOT 4-10-03 APPROVED .1SG Receipt No. 9501073 State Engineer a 04 DATE ISSUED MAY 2 3 NM 8y EXPIRATION DATE MAY 23 2 03 } ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER R1GHT CONDITIONS OF APPROVAL This well shall 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 Well 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. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate 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, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings. the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #5. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified an this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the wei! owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54922-F, was previously issued for } Permit Expiration Date Extended to May 23, 2004 AOT 4-10-43 APPROVED JSG Receipt No. 9501072 DATE ISSUED 11 AY 2 3 2002State Engineer By TI EXP 1 • • ON DATE SMA YY 3 204 Form No. OFFICE OF T STATE ENGINEER GWS -'25 4` COLORADO > SION OF WATER RESOUR 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT PAUL B & JIM E LUG1NBUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL WELL PERMIT NUMBER ON. 5 WD 39 DES- BASIN MO Lot: 5 Block: Filkng: Subdiv: NATIVE SPRINGS 0574 57E4 LIC APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 2 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 225 Ft. from South 1700 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: J Form !Vol G,6 S-' APPLICANT OFFICE OF T TATE ENGINEER COLORADO 0 SION OF WATER RESOURC 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 PAUL B & JIM E LUGINBUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER DIV. 5 WD 39 057485 - _ DES. BASIN MD Lot: 6 Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY SW 114 SE 114 Section 2 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 225 Ft. from South 1950 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall 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 shalt be in compliance with the Water Well 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 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate paint of diversion to the Avalanche Canal and Siphon, an the condition that the well snail be operated Only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCC contract ;300906P„ L(a). 4j The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns. and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #6. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer. and court case numbers) as appropriate. The owner shall take necessary means and precauticris to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54923-F, was previously issued for this Permit Expiration Date Extended to May 23, 2004 AOT 4-10-03 APPROVED JSG State Engineer By MAY 2 Receiot Na. 9501071 DATE ISSUED 3 2002 PIRATION DATE ' A Y 23 7nal Form No. OFFICE OF TH ATE ENGINEER GWS -25 ,COLORADO Dl ON OF WATER RESOURCE '818 Centennial Bldg., 1313 Sherman 5t., Denver, Colorado 80203 (303)866-3581 APPLICANT PAUL 8 & JIM E LUGINBUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 ERMIT rn r r d TRUCT a WI=t I LIC WELL PERMIT NUMBER WELL DIV. 5 WD 39 DES. BASIN Mf] Lot: 7 Block: r=iling: Subdiv: NATIVE SPRNGS APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 114 Section 2 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 225 Ft, from South Section Line 2250 FL from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall 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. 2) The constructor of this well shall be in compliance with the Water Well 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. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate 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, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). 4) The use of ground water from this welt is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns. and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effete This well is known as WELL#7. 5) The maximum pumping rate of this well shall not exceed 15 GPM, 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case numbers) as appropriate. The owner snail take necessary means and precautions to preserve these markings. 3) This well snail be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Perrnanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54924-F, was previously issued for this lot... 1'7t -/o ?.— Permit Expiration Date Extended to May 23, 2004 AOT 4-10-03 APPROVED JSG State Eng eer Receipt No. 9501070 DATE ISSUED MAY ? 3 2002 B EXPIRATION DATE MAY _ 3 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall 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 Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Weli Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate 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 plait, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract i 000906PJL(a). The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #8. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54925-F. was previously issued for this lot Permit Expiration Date Extended to May 23, 2004 AOT 4-10-03 APPROVED ISG Receipt No. 9501069 3 Form No. OFFICE OF T GWS -25::. - C'OLORADO D 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 APPLICANT TATE ENGINEER SION OF WATER RESOURC PAUL B & JIM E LUGINGUHL P© BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER DIV. 5 WD 39 DES. BASIN MD 05'7491 F Lot: 8 $lock: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 250 Ft. from North 2275 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: State Engineer DATE ISSUED Y BYEXPIRATION DATE M A Y 23 20 Form No. OFFICE OF TH ATE ENGINEER COLORADO DI ION OF WATER RESOURCE 818 Centennial Bldg.. 1313 Sherman St.. Denver, Colorado 802113 (303) 866-3581 APPLICANT PAUL B & JIM E LUGINBUHL PC BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 057492 F DIV, 5 WD 39 DES. BASIN Mil Lot: 9 Block_ Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 114 Section 11 Township 5 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 500 Ft. from North 2275 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall 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. 2} The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump Installation Contractors in accordance with Rute 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River. as an alternate 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, is in effect. and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. W DWCD contract i#000906PJL(a). 4} The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. A11 use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #9. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6} The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case numoer(s) as appropriate. The owner shall take necessary means aro precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of alt diversions must be maintained by the well owner (recorded at !east annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54926-F, was previously issued for this 1 Permit Expiration Date Extended to May 23, 2004 AOT 4-10-03 APPROVED JSG Receipt Na. 9501068 State Engineer DATE ISSUED MAY 2 3 2002 3 EXPIRATION DATE MAY 23 20013 Form M1' OFFICE OF TSTATE ENGINEER GWS-zn '" COLORADO DWISION OF WATER RESOURC S 818 Centennial Bldg.. 1313 Sherman St., Denver. Colorado 80203 (303) 866-3581 APPLICANT PAUL 8 & JIM E LUG)NBUHL PO BOX 950 BASALT. CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL L)C WELL 'PERMIT NUMBER 0574913 DIV. 5 WD 39 DES. BASIN MD Lot: 10 Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 114 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 800 FL from North Section Line 2275 Ft. from East Section Line UTM COORDINATES Northing: Casting: ISSUANCE OF THIS PERMIT ODES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall 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 mil occur to another vested water right or preclude another owner of a 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 Board of Examiners of Water Weil Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-G0-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River, as an alternate 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, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #10. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified an this permit. 9) A totalizing flow meter must be installed an this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54927-F, was previously issued for this loth.— Permit Expiration Date Extended to May 23, 2004 1 AOT 4-10-03 APPROVED JSG ,Receipt No. 9501067 State Engineer DATE ISSUED MAY 2 3 2002 EXPIRATION DATE 3 Form No. OFFICE OF T STATE ENGINEER GAS -25= COLORADO ISION OF WATER RESOURc 818 Centennial Bldg.. 1313 Sherman St. Denver, Colorado 80203 (303) 866-3581 APPLICANT PAUL B & JIM E LUGINBUHL PO BOX 950 BASALT, CO 61621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL LIG WELL PERMIT NUMBER 057494 - F DIV. 5 WD 39 DES. BASIN MD Lot: 11 Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 114 NE 1/4 Section 11 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1050 FL from North 2275 FL from East UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL T) This well shall 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. 2) The construction of this well shall be in compliance with the Water Well 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. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the welt shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract 000906PJL(a). ) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of riot more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #11. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277.000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquirer, and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. f NOTE: Expired permit no. 54928-F, was previously issued for this Ie7 /r""l/°— 1 Permit Expiration Date Extended to May 23, 2004 AOT 4-10-03 APPROVED JSG ,,Receipt :No. 9501066 z State Engineer • DATE ISSUED MAY 2 3 2002 By EXPIRATION DATE M Alt 2 3 2O FOFGA NC, GINS -1/ crnsn STATE OF CO OFFTM OF THE ENGINEER SIB w.ur.il 1313 a [ awr, awry SG= Pmi 11eea5ss PRIOR TO COMPLETING ROW Std INSIRUCIIONS ON FEV E CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL reser. WESTmTANK OR EROSION CONTROL DAM NEW OWNER _4_ r '- 57° �- Meiling Addams 5-0 ay. st. z 1 9 Cr} /.14_.2 Phone (qi 7 9,2 7' 2 THIS CHANGE IS FOR OEC TF€ FOLI_CPMW WELL PERMIT NUMBER r7z. —F. iiwzr cx WATER TANK hiLlIOSER 0 EROSIONI CONTROL. DAM 3 wELL j.00 TFom COUNTY • RN- albs trips only FEB 26'03 OWFIERS WELL DESIGNATION NfW 1 i4 ae ria / i E IA Sec / ? T1i1p if fl N. aelp -jam Fteelge D •Ear W_ 6 P frL Distances horn /VAT Section Lines !1 Sr -)Ft 1744,0r am .r0S. L. ,Z -.0.4X) Ft from OE se0I Um. SS' lam! 1 r Mig�ry� LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY. 114. Sec. �., CI �-D De �r�! The abase *and owner say(*) that be ( own the saucese dawdled herein. The existing record is beim emended for tame tol rrkrq reeevrs(a): j� in named owner. 0 Charge ■ f staling 0 Correction of location. l Ms) hove reed the stemmas= elude herein, know she conteritsarenerX Gilt SLIM Chet they are acre to rrry (our7- - [Puisuart D] Section 214-101 C (a) WIZ., ire reeling of lame elaterrrerrs herein constiLass perjury in the Second degree and Is punishetpia as it clams 1 rrideneaer,trr j Nernei Tilie (Please type or pdr) knE S //fir/ow/E. / w.r/C �2 f sea` enom or or Date Court Cie No, DW. Co_ WD Bestirs MD Use Form No. GWS -II 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 05 7y 5 F Name, address and phone of the person claiming ownership of the well: NAMES) /147-412 u2 Mailing Address .'a X' City, St_ Zip /j' f 7 a /‘,, Phone 74/5 y s- Fo` rvv. FEB SI 1,,apw GI. If your well has an absolute waters right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number / Civil Action Number and well number as decreed. This form is filed by the named individuaVentity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County 6 (:2/ r Owner's Well Designation 2 (Address) 3 Alel,Z1/4 of the. /,E1 /4, Sec. /1 , Twp. �j ❑ N. or S., Range Ci73 ❑ E. arg W. 6 P.M. (City) (State) (Zip) Distance from Section Lines0 Ft. From J N. or fl S., / 7(-7 Ft. Fromg E or W. Line. Subdivision Name Com' Lot Block Fiiin /Unit The above listed owner(s) say(s) th-t he, she (they) own the well described herein. The existing record is being amended for the following reasons. �� Change in name of owner 17 Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. 1 (we) claim and say that 1 (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Pease print the Signer's Name & Title Signature s) of the new owner. Date ;7/2 6/////,,,3 It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. State Engineer For Office Use Onfy By Date Form No. GWS -11 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Weil Permit Number 0 s z/F1 Name address and phone of the person claiming ownership of the well: NAME(S) Ni l`1VE SPS.(&CSS SuZ t?. lui 3 ir,f1/43 Mailing Address - lC et J -C City, St. Zip F434-1-7- CU I 11 Phone (°�{7 }Z 5 This form is This Mina is FoL,pace Use Qnly , 1,7 Fc3 113 ;,^Aj -ICC{ er;i: if your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number 1 Civil Action Number and well number as decreed_ filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. made pursuant to C.R.S. 37-90-143. WELL LOCATION: County C� Q LI (Address) l� W 114 of theNf 114, Sec- � / ,Twp. 0 N. or S., Range ae r min 2 Owner's Well Designation (City ) Distance from Section Lines10 Ft. From Subdivision Name 7/pie_ E. or (State) (Zip) ►�� W_, e‘ P.M. N. or D S., 5 Ft. From'E. or 17 W. Line. Lot _, Block , Filing/Unit The above listed owner(s) say(s) that h-, she (they) own the well described herein. The existing record is being amended for the following reasons: Change in name of owner E Change in mailing address ECorrection of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit. occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print QS the Signer's Name & Title Signatur ) of the n w ow. - Date 17zitry o It is the responsibility of the new owner of this well to complete and sign the form_ Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the farm upon its receipt. State Engineer For ofrii:e Use only By Date Forrn No. GWS -I2 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg„ 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS — CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 0 574/g -7-f. Name, address and phone of the person claimincl ownership of the well: NAME(S) NCLlu SprtA_T 3e168tv! SI or . Mailing Address iS © K 93-0 p City, St. Zip SPiI�f' (o - 816 Lit Phone ( c1 O j - 4 5 For Office Use Only 713, ,41 If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Corot Case Number / Civil Action Number and well number as decreed. This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filinct is made pursuant to C.R.S. 37-90-143. WELL LOCATION: •70 County r Cars i gi) Owner's Well Designation (Address) /V 1 f4 of the /V.E1 /4, Sec. l ( , Twp. E N. o Distance from Section Lines ) Ft. From Subdivision Name F/ (City S., Range (State) (Zip) E. orlaW_, to P.M. E. or rl W. Line. N. or S. ,,„2C.-7771 Ft. Fro Lot Block , Filin./Unit The above listed owner(s) say(s) that he, she (they) own the well described herein, The existing record is being amended for the following reasons: {Change in name of owner .—. Change in mailing address QCorrection of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit. occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print the Signer's Name & Title Signature(s) of the new ow r. Date /2_6/ b 3 It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. State Engineer For Office Use Only By Date Form No. GWS -11 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number Name, address and phone of the person claiming ownership of the well: NAME(S) 111Cf -r vn C J—S Su 6) f '/ _S/016— Mailing iO 2.Mailing Address (3o f 3-0 City, St Zip C.,L,SC. CU E ( 2J Phone ( z - 4 For Ofl-ice Use Only RECEWED F2 2 6 103 If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number/Civil Action Number and well number as decreed.. This form is filed by the named individuaUentity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County LUI er (Address) `� 1,41141 of the 5114, Sec. 9ca-clieta Owner's Well Designation Twp. (a N. or, (City) (State) (Zip) S.. Range Q E. orW 5- P.M. Distance from Section Lines 7 5—Ft. From fl N. or 71,S , /2'76:5 Ft. From E. or W. Line. 4 Lot Subdivision Name I1• (-■ ti' 4 The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: 0 -Change in name of owner Change in mailing address Block Filing/Unit___ Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print the Signer's Name & Title Luti.!k., 3u kL Signature(s) of the new own Date It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. State Engineer For Office Use Only By Date Form No. GWS -11 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St, Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 5'7 F Name, address and phone of the person claiming ownership of the well: NAME(S) A/0-111 V0 Spar(etu.1 Mailing Address BO X' 9S -C) City, St. Zip 0a36-117, coo Phone ( ] ] qL-SCIS~ For Office Use Only p 11 X26133 If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number/ Civil Action Number and well number as decreed. This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This fling is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County Owner's Weil Designation f b �+t1rr C7 (Address) �1 (City) (State) (Zip) btf1 for of the 1/4, Sec. Twp. 4 FIN. I N. or.R 5., Range 9'- n E. or W., g P.M. Distance from Section Lines „17,2 .` Ft. From n N. or s., /955) Ft. From RE. or ri W. Line. Subdivision Name rill Lot ‘ , Block Filing/Unit The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: Change in name of owner E Change in mailing address ElCorrection of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells perrnitted before May 17. 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print the Signer's Name & Title Signature(s) of the new o Date It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only State Engineer By Date Form No. GWS -11 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE 1N OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 5-79, Name, address and phone of the person claiming ownership of the well: NAME(S) IICVQ i"t(\; Mailing Address ZoX SUU2l_ V lS LOA. City, St. Zip C S 1 (& n s E(6 .2.1 Phone ( 9 For Office Lase Only RE ,.. C RUED ? � FEB2 D3 If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number / Civil Action Number and well number as decreed. This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: Count',j&uJi..&d Owner's Well Designation -To a efc.g-r►t � (Address) 5-6V1/4 of the ]'� 1/4, Sec. 2 Twp. L4 fl N. or S., Range 9 fl E. oral W. L4 P.M. /.2` ttr7 (City) (State) (Zip) Distance from Section Lines 2,2 Ft. From Er N. or 2 S. ,,vim Ft. From RE. Subdivision Name W4.1 [ VL Jap f" r E W. Line. Lot Block , Fiiing/Unit The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: Change in name of owner Change in mailing address ECorrection of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that 1 (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print the Signer's Name & Title —174 -t -1-17Z-7 Lut-Cf c rU B ut L Signatur-' +f the new owner. Date t is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. State Engineer For office Use only By Date • Form No. GWS -11 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman Si, Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Wei! Permit Number (e) 5-74/q1 —F Name, address and phone of the person claiming ownership of the well: NAME(S) Al ,ciOrtna5 Mailing Address 80 V q<...70 City. St. Zip c lLi ) 1uLSLO r.. Phone Phone ( For Office Use Only ..e 'SO Q3 TWEEr; sof:.. ?(t3 If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number / Civil. Action Number and well number as decreed This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This Una is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County (Address) zdLIOL/ 1f4 et ULF&rlYlUZ) arcile,1 Owner's Well Designation (City) (State) (Zip) of the .114, Sec. 6, Twp. !—t N. or iE S., Range V) E. or'W., P.M. Distance from Section Lines 2 Ft. Fro Subdivision Name N. or Es. 2275 Ft. From.. .E. or El W. Line. Lot Block , Filing/UM The above listed owner(s) say(s) that hO, she (they) own the well described herein. The existing record is being amended for the following reasons ange in name of owner [1 Change in mailing address Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print c1 i4M S_r L f3 L! [-L it is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. the Signer's Name & Title Signatu of the new owner. ter „K z//z 03 ate,, Date State En L gineer For Office Use Only By Date r Form No. GWS -I 03102 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg.. 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION In sert the Well Permit Number 0 5-7 gg',L. --F. Na me, address and phone of the person claimine ownership of the well: NAME(S) I Vi!- 'e Sprrrly2 Mailing Address 60 X '170 0 City, St. Zip Set,S Ph Thi Thi W Dis 'c16 4) s't, n,. )ne (C) 92•7- �5 S For Office Use Only z. Pt 7: C j�, i D1:13Fa 2 e r gr: ffyour well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number/ Civil Action Number and well number as decreed. s fon-n is filed by the named individuaVentity claiming that they are the owner of the well permitted as referenced above. s falino is made pursuant to C.R.S. 37-90-143. E L LOCATION: County cf713d De `erryt t ut niJ 7 uVV (Address) I./1/4 of the 4/1E/4, Sec. b , Twp. Owners Well Designation G7� Lance from Section Lines Z2 Ft. Fro Subdivision Name iN.or. N. or (City S., Range (State) (Zip) E. or.W., C P.M. S., 23— Ft. From E. or W. Line. Lot G Block , Filing/Unit The above listed owner(s) say(s) that thhe, she (they) own the well described herein. The existing record is being Pl e amended for the following reasons: Change in name of owner I Change in mailing address Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. 1(w extr that e) claim and say that 1 (we) (are) the owner(s) of the well described above and that the commencement of action of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and the statements made herein are true to my (our) knowledge. Plea kiAqi It is ongi se print the Signer's Name & Title Signa)ktr ) of the new ow Date he responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an ial letter of agency signed by the owner is attached to the form upon its receipt. State Engineer For Office Use Only By Date Form No. GWS -11 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 0 44q —, . Name. address and Rhone of the person ciaimind ownership of the well: NAME(S) )V 6 &I VC Si) ro" l S Mailing Address co: kro (J City, St. Zip 3A Sc, LC" (c, - 8I6,2.. Phone ( 9R-01 qz7- 4S1S For Office Use Only FES 2 _ v If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number / Civil Action Number and well number as decreed. This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This Melina is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County C 6.4-fe fd _ ? f'& -net r (Address) 1/4 of the Owner's Well Designation 7/ C) 1/4, Sec. 1(, Twp. -6' 7 N. o Distance from Section Caines rP Ft. From Subdivision Name JV(, /-f VP_rrn/19 (City) (State) (Zip) S., Range 73_. E. oaZI W.,‘ P.M. N. or PIS., 75 Ft. From [X. E. or E W. Line. Lot /t . Block , Fiiinq/Unit The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: ri7fChange in name of owner Change in mailing address P1Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. f (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit. occurred on the date indicated. and 1 that the statements made herein are true to my (our) knowledge. IPlease print the Signer's Name & Title (..IFrN"i~5 Signs) of the new own Date 703 It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only State Engineer By Date Form No. GWS -11 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Weil Permit Number Name, address and phone of the person claiming ownership of the well: NAME(S) 6,141V t2 Spn _S Uri i v( SlQz-k- Mailing Address Bo Y q-rc) City, St. Zip {3a&&. (P 2 l� Phone ( For Office Use Only FEB If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number / Civil Action Number and well number as decreed This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filina is made pursuant to C,R.S. 37-90-143. WELL LOCATION: 1+ County (;;C.,4-6/9/ {� Owner's Well Designation • /// (Address) Adt N. or 6 0�1 J4 of the /14E1 F4, Sec. 11 _ , Twp. Distance from Section Lines Jr" 5v Ft. From Subdivision Name The above listed owner(s) say(s) th amended for the following reasons:. (City) (State) (Zip) S., Range 77 L. E. or -E W., c P.M. aN. orEiS. - 7' Ft. Fro Lot E. or ❑ W. Line. Block , Filing/Unit he, e (they) own the well described herein. The existing record is being hange in name of owner ❑ Change in mailing address fCorrection of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correct ion of the well location 1 (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. r Please print the Signer's Name & i tle M 4 1 N (s) of the new owne Date z7/zb,o 3 It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. State Engineer For Office Use Only By Date Application Date: 4/8/2003 Termination Date: 05/04/03 District: 2 • Ganrield County 1 w. 6421gicatf r Drivewav Permit Permaee: Native Springs Subdivision Inspector: Kraig Kuberry Permit Number: 31 County Road Number: 221 Sub -Contractor: hereby requests permission and authority from the Board of County Comrnissionrs toted to constructon the side of road for p the ch (es) on the right-of-way off of County Road; 221„ p adjacent to Applicant's property purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4, Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements, 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. F.esponsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and alarms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and fray all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the 13c'srd of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with prop warning signs and signal's and the Board of County Commissioners and their duty appointed agents and employee ;hall be held harmless against any action for personal injury or property damage sustained by any reason of the a s.ercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or slut upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 0 Specifications 1. A driveway approach is understood to be that portion of the county road ri,;ht-of way between the pavement edge and the property line that is designed and used for the interchange of traffic: between the roadway and abutting property. At any intersection, a driveway shall be restricted for a sufficient distance troth the intersection to preserve the 2 normal and safe movement oftra.ffic. (Tt is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) All entrances and exits shall be so located and corisuucted that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display rnaterial, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or prooarty the frontage of which is less than one hundred (1 0a) feet. Additional entrances or exits for parcels having a Frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and neciesite 6. Ail driveways shall be so located that the feared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shalt have a width meter than thirty (30) feet ieasured at right angles to the centerline of the driveway except as increased by permissible radii, No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the dri-veway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right tingle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical er nditions. 9. The construction of parking or servicing areas on the .ounty road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide orf the-oad parking facilities. 10 The grade of entrance and exit shall slope downward .ind away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not morn, r.han ten percent (10%). 11. All driveways and approaches shalt be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his awn expense, drainage structures at entrances and exits, which will become an integral part of the existing die 'triage system. The Board of County Commissioners or their representative, prior to installation. must approve e the dimensions of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. Special Provisi for Excavation of Road Surface and Installation 1) Any oversized material, (larger than 10 inches in diameter), that is not utilized in backfill will be hauled off by permitee. Further, any frozen material will be removed from site by permittee. 2) When a paved or chipped surface is cut, it is to be replaced with a minimum three-inch (3") hot mix asphalt patch. Temporary patch with cold mix asphalt would be allowed, which would b+, replaced with hot mix asphalt when the weather or availability of materials allow the work to be completed. Ai asphalt or chipped surface cut would require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch, which will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the seal coat will overlap tie existing edge. All seal coats will overlap edges by a two of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in a maximum of five (5) working Days. Weather permitting. 3) When possible all installations should avoid the top edge of a fill slope. 4) Installations in drainages subject to flash flooding will have a minimum bt ry of 4 feet deeper than normal flow line at nearest abutment, wing wall, or culvert. 5) Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between installation and the bottom of the culvert. 6) Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep livestock out of the open trench after hours. 7) In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified weed -free seed. Noxious weed control will be ongoing along with re -vegetation. 8) The permittee should check the R -O -W of surrounding landowners to see if other permits are required, i.e., BLM, Forest Service. fits Representative for Garfield County Road and Bridge Native Springs Subdivision 6) In the event it becomes necesigto remove any right-of-way fence, the pillion either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board .af County Commissioners. 7) No revisions or additions shall be made to the driveway(s) ar its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set f 3rth on the attached hereof and incorporated herein as conditions hereof. Special Conditions: 1. Driveway width -32' 2. Culvert is in place. 3. Trees, brush or fence will be removed from site for 500ft west and east on CR 221 for visibilty. 4. Chip seal in 90 days up to CR 221. In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts he foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Address: r J ative prings Sigision fB a x 93-0 8q SAI/71 4, 8 Telephone Number: :".770 — 1— r ',5-ef,45 Permit granted 4/8/2003, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield Ccunty, Colorado: Representative of G ty and Bridge Signature eld Cour Road Garfield County Road and Bridge Department P.O. Box 426 Rifle, CO 81650 Phone -(970)625-8.601 Fax- (970)625-8627 PPR23 2.O QE-rf;e, PETRE P•C' Invoice Date: Bill To: Invoice 4/8/2003 Invoice Number: 31 Native Springs Subdivision C/O Paul Luginbuhl P.O. Box 950 Basalt ,CO 81.621 Driveway Permit Number: 31. $15.00 per Driveway Permit. .„ Driveway Permit Fee: $75.00 Total Due: $75.00 Thank You! 0-&fr4-4- /0-4-eY).1 4 en( 6) V j7i/LeA.,LI otc,)-70-j h 40 O1d,t't_r243 cx,,67dr7).<. '41"1 ioJ D-74(3 44( • Garfield County Engineering Department To: Garfield County Building & Planning Dept. Attn. Fred Jarman Date: Thursday, May 15, 2003 Project: Native Springs Subdivision Re: Engineering Department Review of the Preliminary Plan for Subdivision of 66 acres, application dated: April 18 2003 Fred, I have reviewed the above-mentioned application submittal in accordance with section 4:00, 9:00 of the Subdivision Regulations. 1 have the following comments and recommendations. 1. General review comments 1,1. Permits: it is the applicant's responsibility to obtain all applicable permits for the project including but not limited to, COON. Garfield County Road & Bridge permits. 1.2. It appears per the application submitted is in accordance with the County Subdivision Regulations from an Engineering perspective. If you have any questions or concerns, please do not hesitate to call. Sincerely, Jeff T Nelson Assistant County Engineer Page 1 of 1 144 East Third Street, Rifle Co, 625-6172 ext. 4002 C:'Docurrrerstsand SettingsAganman.KSCHL4GELILAWEleE sankel r�iJr7Ft rirFri sy104EA1t' i 4unty _ccm MAY -21-2003 15:42 rt1U WATER RESOURCES 307 %6 3535 P.02/03 • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources !Department of Namal Rei, utco 1313 Sherman Street, Room 818 Denver. Colorado 80203 Phone (303) 866-3581 FAX (303) 866.3584 WWW, Ovater.5 tat e.0 o.us May 20, 2003 Fred Jarman Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Native Springs Subdivision Preliminary Plan Sections 2 & 11, T6S, R93W, 6th P.M. W. Division 5, W. District 39 dal 'L Ln. Cwe o, Grey E wakher Execouve °nectar Hai D. Sempran. PE State Engincur Dear Mr. Jarman: We have reviewed the above referenced proposal to subdivide a parcel of approximately 66 acres into eleven residential tots. Each lot will be allowed one single-family dwelling and one accessory dwelling_ Water for the dwellings and 500 square feet of lawn and garden per lot is to be provided by individual on lot wells constructed under permit nos_ 54918-F through 54928- F, currently permitted under Permit Nos. 57484-F through 57494-F. The tatter permits were issued on May 23, 2002 pursuant to a contract with the Basalt Water Conservancy District (the District). Zancanella and Associates, Inc. estimate well water use. as 8.94 acre-feet of diversions and 1.52 acre-feet of consumptive use. The Green Spring decreed in Case No. W- 3914 is proposed as an additional source of stockwater. Additional irrigation use to occur via unspecified ditch water rights was not estimated. Fire protection water is to be provided through the well with Permit No. 235794. Sewage will be through individual septic systems. Permit Nos. 57484-F through 57494-F each limit use to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns. and the watering of domestic animals, which is adequate for the proposed uses. [Comparison of the Basalt contract amount (9.39 acre-feet) with the total water use estimate (8.94 acre-feet) reveals that there is an excess contract amount of 0.45 acre-feet, which is adequate to provide for three horses or cows per lot] However, we have not received a Well Construction and Test Report for Permit No. 57485+, or Pump Installation and Test Reports or Statements of Beneficial Use for any of these wells. If these documents are not received prior to May 23, 2004. the well permits will expire and be of no effect. A report detailing the historical use of the Green Spring must be provide for our review and comment prior to its use as a supply for the proposed development. Permit No. 235794 was issued on August 29, 2001 for fire protection, and may be used to fill storage tanks that are used exclusively for fire protection. The well was constructed on August 27, 2002. The test information provided on the Well Construction and Test Report indicates that drawdown was 8 feet during a one-hour test at 15 gallons per minute. if drawdown were to continue at this rate the water level would be at the bottom of the well in 5 hours and 22 minutes, after producing about 4,838 gallons, which is less than 1/6 of the amount needed to fill the storage tank_ No recovery data was provided We suggest that a well test be conducted to determine the physical adequacy of this well for the intended purpose. MAY -21-2003 15:42 DIV WATER RESOURCES • 303 866 3539 P.03/03 • Garfield County Building and Planning May 21, 2003 Native Springs Subdivision Preliminary Plan The report by Zancanella and Associates, Inc., indicates that Native Springs Well #2 (formerly permit no. 54919-F, presently 57485-F) was completed on November 1, 200 by Shelton Drilling Corporation. A pump test conducted November 2 and 3, 2000 by the Samuelson Pump Company indicates that the well produced at least 15 gallons per minute over a twenty-five hour period, and that the well recovered to within 0.10 feet of the static water level within eleven hours after pumping ceased. With adequate storage capacity this well should provide an adequate supply for the proposed use. The additional wells should also provide an adequate water supply if they exhibit similar production rates and recoveries, Note that information provided by Syracuse Drilling & Pump Co., Inc. via letters dated December 5, 2002, regarding additional well tests was Incomplete. As such we are unable to determine the physical adequacy of these wells at this time Our records also indicate the well with Permit No. 208670 was issued for and constructed on the existing parcel. Note that Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative effect of all wells in subdivision be considered when evaluating material injury to decreed water rights. Therefore, the existing exempt well must be included in either the District's substitute supply plan or an augmentation plan, or must be plugged and abandoned, since the provisions of C R.S 37-92-602 which allowed for Issuance of this well permit will no longer apply. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)Q), that the proposed water supply will not cause material injury to decreed water rights, so long as valid well permits are maintained for all of the wells, no expanded use of the unspecified irrigation water rights occurs, and the disposition of Permit No. 208670 is resolved as stated in the preceding paragraph. However, due to a lack of information we are unable to comment on the physical adequacy of the water supply. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Dick Wolfe, P.E. Chief of Water Supply KWK/CML1Native Springs ii.doc cc: Alan Martellaro, Division Engineer James R. Lemon, Water Commissioner, District 39 TOTAL P.33 Courtney G. Petre Barbara P. Kozelka Judith A. Whitmore George J. Petre, Of Counsel Don Deford, County Attorney Garfield County Office Annex 108 Eighth Street Glenwood Springs, CO 81601 • • LAW OFFICES PETRE & PETRE, P.C. 110 EIGHTH STREET POST OFFICE DRAWER 400 GLENWOOD SPRINGS, COLORADO 81602 May 29, 2003 Re: Native Springs Subdivision Dear Don: Telephone (970) 945-6521 Telecopier (970) 945-4885 E-mail - barbsofc@sopris.net MAY 3 0 2003 The above -referenced subdivision is scheduled for "re -review" by the Planning and Zoning Cornmission at its meeting on June 11, 2003, and by the Board of County Commissioners at its meeting on June 16, 2003. - You may recall my telephone ,call to you earlier this month regarding my proposal for resolving - as a matter of recorded real property documentation• -- minor differences in the legal description for the Native Springs Subdivision property prepared by High Country Engineering (appearing on the proposed plat) as compared with the legal description prepared by a previous surveyor (appearing in the owner's warranty deed). Per your suggestion, I spoke with Scott Aibner, the County Surveyor,. who suggested that certain clarifying language be included in the preamble to the legal description on the final plat (in the owner's dedication certificate), referring to "subsequent survey" of the property described in the warranty deed. This has been done and revised copies of the final plat have been submitted to the Planning Department. Please let me know if you have any questions about that. Additionally, although Scott did not indicate the necessity of an affidavit from High Country Engineering regarding their legal description, nonetheless, I had Frank Harrington sign an explanatory affidavit for the record. Frank's original affidavit is enclosed for your review. If it is satisfactory perhaps you would be so kind as to route it to the Planning Department file for this subdivision. Fred Jarman was the planner on this file but it is my understanding that he recently left the department. Also, as I mentioned on the telephone, Ron Liston will appear on behalf of the applicant at both the Planning & Zoning Commission and BOCC hearings in June. Assuming "re -approval" is obtained from the Planning and Zoning Commission with substantially the same conditions of approval as the previous preliminary approval, it is our hope that the County Commissioners will consent to review the application for final plat approval concurrently with its "re -review" of sketch and preliminary plan approval at its June 16 meeting (as I have indicated to Mark Bean previously), because all conditions of the original preliminary approval have been completed and a final plat submission (with fees) has been made. Don Deford 05129103 Page 2 Please call me if you have questions about this. Sincerely, • BARBARA P. KOZELKA BPK/fm encl. cc: Jim & Paul Luginbuhl (wfcopy of affidavit) Ron Liston, Land Design Partnership (wfo encl.) • MAY 02003 AFFIDAVIT OF FRANK W. HARRINGTON I, Frank W. Harrington, being over the age of eighteen years and first duly sworn state of my personal knowledge: 1. I am a professional surveyor licensed in the State of Colorado under license number 19598. I am a principal of High Country Engineering, Inc. 2. The legal description of certain real property attached hereto as Exhibit "A," for a parcel approximately 65.9 acres in size located in Garfield County, Colorado and owned by Jim E. Luginbuhl and Paul B. Luginbuhl, was prepared from a survey of the property requested by the Luginbuhls and conducted under my supervision and according to generally accepted surveying principles and methods. 3. The legal description attached hereto differs in certain respects from the legal description of the same parcel of real property set forth in the owners' Warranty Deed for the property recorded in the office of the Garfield County Clerk & Recorder in Book 1178 at Page 453, due to my professional determination as to the most accurate surveyed legal description of the property. The minor variations in the attached legal description from the description appearing in the owner's above -referenced Warranty Deed do not represent a material difference in the location or area of the parcel. State of Colorado County of Garfield day of } ) ss. This Affidavit of Frank W. Harrington was subscribed and sworn to before me this 5}Ji 1,r , 2003, by Frank W. Harrington. Witness my hand and official seal. My commission expires on: 24JAIL Notary Public • EXHIBIT A - LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTH 112 OF SECTION 11 AND THE SW1/4 SE114 OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 114 CORNER OF SAID SECTION 11, MARKED WITH A 2 112" ALUMINUM CAP LS # 10871, THENCE N 89°2T40" W 663.54 FEET ALONG THE NORTH LINE TO THE NORTHWEST CORNER OF THE NEI/4 NE1/4 NW1/4 OF SAID SECTION 11; THENCE S 00012'04" E 288.64 FEET ALONG THE WEST LINE OF SAID NE1/4 NE1/4 NW1/4 TO THE NORTH LINE OF THE WIMMER PARCEL AS DESCRIBED IN BOOK 367, PAGE 458; THENCE N 89°25'44" E 279.94 FEET ALONG THE NORTH LINE TO THE NORTHEAST CORNER OF SAID WIMMER PARCEL; THENCE 5 00°28'16" E 1028.48 FEET ALONG THE EAST LINE TO THE SOUTHEAST CORNER OF SAID WIMMER PARCEL, ALSO BEING THE SOUTH LINE OF THE NE1/4 NW1/4 OF SAID SECTION 11; THENCE N 89033'08" E 382.27 FEET ALONG THE SOUTH LINE TO THE SOUTHWEST CORNER OF THE NW1/4 NE1/4 OF SAID SECTION 11; THENCE N 89°34'41" E 1315.16 FEET ALONG THE SOUTH LINE TO THE SOUTHEAST CORNER OF SAID NW1/4 NE1/4; THENCE N 00°16'55" W 1319.09 FEET ALONG THE EAST LINE OF SAID NW1/4 NE1/4; THENCE N 00°29'57" W 466.61 FEET ALONG THE EAST LINE OF THE SW1/4 SE1/4 OF SAID SECTION 2; THENCE S 89°28'38" W 1015.18 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 210; THENCE S 36°31'55" W 219.93 FEET ALONG SAID R.O.W.; THENCE S 35°53'07" W 174.94 FEET ALONG SAID R.O.W.; THENCE S 36°43'62" W 101.62 FEET ALONG SAID R.O.W. TO THE WEST LINE OF SAID SW1/4 SE1/4 OF SECTION 2; THENCE 5 00°33'04" E 68.60 FEET TO THE POINT OF BEGINNING, CONTAINING 65.947 ACRES MORE OR LESS. • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX {303} 866-3589 w ww.wa to r.state.co. us RECEIVED MAY 2 9 2003 GARFIELD COUNTY WILDING & PLANN$NG May 21, 2003 Fred Jarman Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Native Springs Subdivision Freiiminary Mian Sections 2 & 11, T6S, R93W, 6th P.M. W. Division 5, W. District 39 Very ��Coo. r i %876,' Sill Owens Governor Greg E, Waicher Executive Director Hal D. Simpson, P.E. State Engineer Dear Mr. Jarman: We have reviewed the above referenced proposal to subdivide a parcel of approximately 66 acres into eleven residential lots. Each lot will be allowed one single-family dwelling and one accessory dwelling. Water for the dwellings and 500 square feet of lawn and garden per lot is to be provided by individual on lot wells constructed under permit nos. 54918-F through 54928- F, currently permitted under Permit Nos. 57484-F through 57494-F. The latter permits were issued on May 23, 2002 pursuant to a contract with the Basalt Water Conservancy District (the District). Zancanella and Associates, Inc. estimate well water use, as 8.94 acre-feet of diversions and 1.52 acre-feet of consumptive use. The Green Spring decreed in Case No. W- 3914 is proposed as an additional source of stockwater. Additional irrigation use to occur via unspecified ditch water rights was not estimated. Fire protection water is to be provided through the well with Permit No. 235794. Sewage will be through individual septic systems. Permit Nos. 57484-F through 57494-F each limit use to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals, which is adequate for the proposed uses. [Comparison of the Basalt contract amount (9.39 acre-feet) with the total water use estimate (8.94 acre-feet) reveals that there is an excess contract amount of 0.45 acre-feet, which is adequate to provide for three horses or cows per lot.] However, we have not received a Well Construction and Test Report for Permit No. 57485-F, or Pump Installation and Test Reports or Statements of Beneficial Use for any of these wells. If these documents are not received prior to May 23, 2004, the well permits will expire and be of no effect. A report detailing the historical use of the Green Spring must be provide for our review and comment prior to its use as a supply for the proposed development. Permit No. 235794 was issued on August 29, 2001 for fire protection, and may be used to fill storage tanks that are used exclusively for fire protection. The well was constructed on August 27, 2002. The test information provided on the Well Construction and Test Report indicates that drawdown was 8 feet during a one-hour test at 15 gallons per minute. If drawdown were to continue at this rate the water level would be at the bottom of the well in 5 hours and 22 minutes, after producing about 4,838 gallons, which is less than 1/6 of the amount needed to fill the storage tank. No recovery data was provided. We suggest that a well test be conducted to determine the physical adequacy of this well for the intended purpose. • • Garfield County Building and Planning May 21, 2003 Native Springs Subdivision Preliminary Plan The report by Zancanella and Associates, Inc., indicates that Native Springs Well #2 (formerly permit no. 54919-F, presently 57485-F) was completed on November 1, 200 by Shelton Drilling Corporation. A pump test conducted November 2 and 3, 2000 by the Samuelson Pump Company indicates that the well produced at least 15 gallons per minute over a twenty-five hour period, and that the well recovered to within 0.10 feet of the static water level within eleven hours after pumping ceased. With adequate storage capacity this well should provide an adequate supply for the proposed use. The additional wells should also provide an adequate water supply if they exhibit similar production rates and recoveries. Note that information provided by Syracuse Drilling & Pump Co., Inc. via letters dated December 5, 2002, regarding additional well tests was incomplete. As such we are unable to determine the physical adequacy of these wells at this time Our records also indicate the well with Permit No. 208670 was issued for and constructed on the existing parcel. Note that Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative effect of all wells in subdivision be considered when evaluating material injury to decreed water rights. Therefore, the existing exempt well must be included in either the District's substitute supply plan or an augmentation plan, or must be plugged and abandoned, since the provisions of C.R.S. 37-92-602 which allowed for issuance of this well permit will no longer apply. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply will not cause material injury to decreed water rights, so long as valid well permits are maintained for all of the wells, no expanded use of the unspecified irrigation water rights occurs, and the disposition of Permit No. 208670 is resolved as stated in the preceding paragraph. However, due to a lack of information we are unable to comment on the physical adequacy of the water supply. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Dick Wolfe, P.E. Chief of Water Supply KWK/CML/Native Springs ii.doc cc: Alan Marteliaro, Division Engineer ,aures R. Lemon, Water Commissioner, District 39 Courtney G. Petre Barbara R Kozelka Judith A. Whitmore George J. Petre, Of Counsel Craig Lis State Engineer's Office Colorado Division of Water Resources 1313 Sherman St., Room 318 Denver, CO 80203 • LAW OFFICES Telephone PETRE & PETRE, P.C. (970) 945-6521 110 EIGHTH STREET Telecopier {cKir • OFFICE DRAWER 400 (970) 945-4885 ► �r+s PRINGS. COLORADO 81602 E-mail - barbsofc@sopris.net JUN j 0 2003 G RFIELD COUNTY 1LDiNG & PLANNING Re: Dear Mr. Lis: June 10, 2003 Native Springs Subdivision Preliminary Plan Sections 2 & 11, T6S, R93W, 6v' P.M. W. Division 5, W. District 39 This follows our telephone conversation today regarding Mr. Wolfe's letter of 05/21/03 to Fred Jarman of the Garfield County Building and Planning Department regarding the above -referenced proposed subdivision. Enclosed per your request are copies received in my office yesterday of supplemental reports prepared by Syracuse Drilling & Pump Co., Inc., each dated 06/09/03, with regard to the welts drilled on Native Springs Lots 1, 3 thru 11, and the fire protection well. These supplemental reports contain information about "pump test drawdown and recovery results" for each of the above -referenced wells. Based on our conversation, it is my understanding that this is the data Mr. Wolfe was looking. for when he characterized Syracuse's test information as "incomplete." Thank you for discussing this with me. Please call me if there is further information I can provide. Sincerely, BARBARA P. KOZELKA/ BPK/fm encls. cc: Jim & Paul Luginbuhl (vv/encl.) Ron Liston. Land Design Partnership (w/encl) Mark Bean. Garfield County Building & Planning (w/encl.) NATIVE SPRINGS SUBDIVISION (11 residential lots) Garfield County, Colorado April 18, 2003 APPLICATION FOR "RE -REVIEW": SKETCH AND PRELIMINARY PLAN Owner/Developer: Jim & Paul Luginbuhl The attached materials consist of: 51-4( _to _ (1) the identical preliminary plan application submitted to Garfield County on May 24, 2001, that was approved with conditions by the Garfield County Board of County Commissioners on February 4, 2002; and (2) supplemental materials documenting the developer's subsequent compliance with all conditions of approval. "Re -review" is sought due to expiration of the original preliminary plan approval. The developer has diligently complied with the conditions of approval and the required public improvements are substantially complete (including water wells, road construction. utilities, fire protection tanks, etc.); expiration of previous approval was inadvertent. Nonetheless, because the county subdivision regulations provide no mechanism for reinstatement of approval after expiration, and re -review by the Planning & Zoning Commission is required, the developer submits these materials for such purpose and respectfully requests expedited review. • N 5201 PRELIMINARY PLAN APPLICATION FOR THE SVA TI VE SPRINGS SUBDIVISION GARFIELD COUNTY, COLORADO HCE JOB NUMBER: 2000056.01 May 24. 2001 Prepared for: Jim and Paul Luginbuhl PO Box 950 Basalt, CO 81621 Prepared by: High Country Engineering, Inc. 923 Cooper Avenue Glenwood Springs, CO 81601 • TABLE OF CONTENTS Application Form Preliminary Plan Requirements Letter of Application Land Design Partnership Title Policy Land Title Association Mineral Rights Owners Land Design Partnership Water Supply Plan Zancanella & Associates, Inc. Engineering Report High Country Engineering, Inc. • Water Report • ISDS Plan • Traffic Report • Drainage Report Vegetation Report Beach Environmental, LLC Geotechnical Report Hepworth-Pawlak Geotechnical, Inc. Gamma Radiation Survey Hepworth-Pawlak Geotechnical, Inc. Wildlife Report Beattie Natural Resources Consulting Protective Covenants Land Design Partnership Revised Preliminary Plans High Country Engineering, Inc. k: v.13,2000' 056' presx3 res. vrpck S.i 1 r C • Sketch Plan Preliminary Plan L'OCOCC Final Plan SUBDIVISION APPLICATION FORM SUBDIVISION NAME: NATIVE SPRINGS SUBDIVISION OWNER: Jim and Paul Luginbuhl ENGINEER/PLANNER/SURVEYOR:. Planner - Land Design Part; Engineer/Surveyor - High Country Eng., Inc LOCATION: Section: 11 & Section 2 Township: 6S Range: 93W WATER. SOURCE: Individual wells for each !at protected by West Divide Water Conservation District Contract SEWAGE DISPOSAL METHOD: Individual on lot disposal system PUBLIC ACCESS VIA: County Road 221 EXISTING ZONING: .agriculture !Residential / Rural Density EASEMENTS: Irrigation ditch , and power line TOTAL DEVELOPMENT AREA: (1) Residential Number Acres Single Family 1 I plus accessory dwellings 65.96 Duplex 0 0 Multi -family 0 0 Mobile Home 0 0 (2) Commercial Floor Area Acres 0 0 (3) Industrial 0 0 (4) PubliciOuasi-Public (Road ROW) 3.83 (5) Open Space' Common Area 2.41 TOTAL: 65.96 PARKING SPACES: Residential 44 estimated as required for single family residences and accessory dwellings Commercial Industrial r • • GARFIELD COUNTY PRELIMINARY PLAN REQUIRMENTS NATIVE SPRINGS 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 4.50 4:50 A 4.50 B 4.50 C 4.50 D 4.50 E 4.50 F 4.50 G 4.50 H 4.50 I 4.50 J 4.50 K 4.50 L 4.50 M 4.50 N 4.50 0 4.60 4.60 A 4.60 B 4.60 C 4.60 D 4.60 E 4.60 F 4.60 G 4.60 H 4.70 4.70 A 4.70 B PRELIMINARY PLAN MAP Name of Subdivision Date etc. Boundary & Legal Names of Owner, Eng. Etc Vicinity Map Adjacent Properties Lot Areas Easements Setbacks Land Use Summary Existing Conditions Common Open Space Public Land Dedication No school site or public lands to be paid per county regulations. Street Grades Existing Easements LOCATION SHEET # 1 SHEET # 2 SHEET # 2 SHEET # 1 SHEET # 1 &2 SHEET # 2 SHEET # 2 SHEET # 2 SHEET # 2 SHEET # 2 SHEET # 3 SHEET # 2 SHEET# 2 dedicated. School impact fees will SHEET# 4 SHEET # 2 ADDITIONAL INFORMATION Terms of Dedications COVENANTS Phasing N/A Final platting and construction will be done as one phase. Evidence of Access SHEET # 2 Off-street Parking N/A No non single family residential uses proposed. Sail & Topa Hazards HP GEOTECH REPORT Radiation Hazard HP GEOTECH REPORT Title Commitment/Deed TITLE POLICY Sectional Subdivision N/A SUPPLEMENTAL INFORMATION Geology HP GEOTECH REPORT Soils HP GEOTECH REPORT &SCSMAP&TABLES 4.70 C Vegetation BEACH ENVIR. REPORT r 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 4.94 Wildlife BEATIE WILDLIFE REPORT DRAINAGE PLAN Existing Water Courses Tributary Areas Tributary Flows Design of Drainage Fac. 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 OFF-SITE ROAD IMPACT FEE SHEET # 3 DRAINAGE REPORT DRAINAGE REPORT SHEET # 3 WELLS ZANCANELLA LTR. N/A N/A ZANCANELLA LTR. ZANCANELLA LTR. N/A N/A N/A ENG. REPORT ENG. REPORT SHEET #4&5 • • LETTER OF APPLICA TION • • LAND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO 81601 970-945-2246 ! Fax 970-945-4066 May 1, 2001 Mark Bean Garfield County Planning Dept. 108 8th Street Glenwood Springs, CO 81601 Re: Native Springs Subdivision Preliminary Plan Application — Original submission - September 2000. Updated Resubmission — May 1, 2001 Dear Mark: Attached herewith is the Preliminary Plan and Supplemental Information as required for preliminary pian review and a check for the application fee of $675 for the above referenced property. Also attached is a check to for the Colorado Geologic Survey review in the amount of $595.The proposed subdivision property is a 65.9 acre tract located on County Roads 221 and 210 less than two miles east of the City Rifle. On behalf of the owners Jim and Paul Luginbuhl, 1 request that this application be reviewed for completeness in accordance with the Garfield County Subdivision Regulations. Th e following is offered as a supplemental introduction to the preliminary plan application. LAND USE SUMMARY: Existing Zoning: Agriculture / Residential / Rural Density Total Development Area: 65.95 acres Total Number of Lots: 11 Total Number of Dwelling Units: Primary Units 11 Accessory Units 11 Total 22 Total Area of Non-residential Floor Space: 0 Total Number of Dwellings per Structure: one Total Number of Off-street Parking Spaces: As required for single family residences and accessory units. Gross Density: 3.0 acres per dwelling unit including all possible accessory dwelling units (0.33 dwellings per acre) 6.0 acres per dwelling with no accessory dwellings (0.17 dwellings per acres) • • ACCESS The project is accessed from County Road 221 by a. 1,250 foot long cul-de-sac which is in excess of the county design standard of 600 feet. The cul-de-sac has been oversized with a road radius of 60 feet and an 80' radius ROW to accommodate easy movement of emergency vehicles. An alternative configuration would be a through a road connecting CR 221 and 210. This would require a significant earthen fill to achieve an acceptable gradient and alignment leading to CR 210 and result in an objectionable visual impact on the site. A through connection would also result in a .'shortcut" between CR 210 and 221 resulting in unnecessary traffic flow through the subdivision. The Garfield County Road & Bridge Department commented during the Sketch Plan that they preferred there not be any access from County Road 210. Each residence is proposed to be equipped with fire sprinkler systems and 30,000 gallons of fire protection water will be provided in buried tanks in the cul-de-sac. The vegetational character of the property now and after build -out is such that there is minimal risk of a wildfire at the site. The Rifle Fire District has indicated to the development team that the on site water storage and over -sized cul-de-sac satisfies their needs for fire protection services and the requirement of residential fire sprinklers offer an extremely effective additional level of fire protection. The fire sprinkler systems will qualify the residences for much lower priced fire insurance. Because of the minimal risk of a wildfire at this site, the low density of the project, the provision of an oversized cul-de-sac combined with the fire protection water storage and residential sprinkler systems, the Fire District did not recommend an emergency access from the cul-de- sac. In consideration of these conditions, the Applicant requests a variance from the allowed Maximum Length of Cul-de-sac. WATER Each lot will be served by a well located on the lot. Attached herewith is a detailed report on the legal and physical water supply. The P&Z requested that a central water system be investigated for the project. Several factors were considered in the analysis of a community water system versa individual wells: 1. Initial cost of construction the individual and community systems. The cost of the community water system with a water storage tank is approximately 9-10 times more expensive than the combined cost of drilling and equipping all of the individual wells in the project. 2. Adequacy of fire protection. The proposed 30,000 gallons of fire protection water meets the needs of the Fire District for low density rural subdivisions. The requirement for in house fire sprinkler systems offers a level of protection that equals that of a community water system with a large fire protection water storage capacity because the sprinkler systems are so effective at containing residential fires. The sprinkler systems are immediately effective at suppressing a fire where as a central water system has no impact on fire suppression until the fire department arrives at the scene of the fire, By • • the time the fire department arrives at a rural site, the fire has already caused considerable damage. In-house sprinklers appear to offer better protection than a central water system. Even with the added cost of the in-house fire sprinklers, the on lot wells are far less expensive than the central water system. 3. Implications for water quality. The water quality of welds at the site are adequate for residential use but is of such a quality that many residents may wish to install reverse osmosis systems to enhance the quality of water for personal consumption purposes. A central water system does nothing to enhance the water quality. Installation of reverse osmosis treatment on a central system is much more complex and expensive than are individual residential applications. The relative small amount of discarded water from the individual systems can be discharged in to the on lot sewage treatment systems and returned to the ground water. The large volumes of discard water from a community treatment facility, creates a significant challenge in providing for its disposal. 4. Monitoring of the physical supply and quality over the long term. The home owners association can effectively monitor the water levels and water quality in the individual wells or in a central well. Provisions for such monitoring of the individual wells is included in the protective covenants. Given the dramatic difference in the cost of a central water system compared to a well on each lot and the superior fire protection that can be provided by the proposed in- house sprinklers. a central water system was not proposed for the developrnent. SEWER The Cottonwood Springs Mobile Home Park was contacted in regard to the potential contracting with them for the treatment of sewage from the Native Springs development. Attached is a fetter from the legal counsel for Cotttonwood Springs stating capacity is not available for the Native Springs development. Native Spring is too small of a development to absorb the cost of constructing the 3,000 foot plus length of sewer line needed to connect to Cottonwood Springs, plus there would be significant additional fees related to the expansion of their treatment plant. These are costs much beyond the financial scope of 11 residential lots. Just the sewer collection lines within the boundaries of the development would be nearly equal to the per lot cost of individual, on lot sewage disposal systems. All Tots are five acres or larger. This provides more than adequate room for ISLE facilities and the appropriate separation from the on lot wells. An ISLE management program is included in the attached engineer's report and said management program will be included in the protective covenants. AH ISDS facilities are required by plat note to be designed by a professional engineer licensed in the State of Colorado. IRRIGATION WATER The attached plans show the distribution of irrigation water by underground pipes to 3 T r • • each lot. The irrigation water will not be pressurized except by the moderate grade change across the property. Each lot will need to add their own pumping system if they choose to apply irrigation water through a sprinkler system or large spray guns. RELATIONSHIP TO THE GARFIELD COUNTY COMPREHENSIVE PLAN The following text summarizes how the proposed development is in general conformity with the Goals identified in the Garfield County Comprehensive Plan adopted in October of 1984, which was in effect at the time of submission of the Preliminary Plan. AGRICULTURE Goal: Ensure that farm and ranch activities are not forced out of production by non-agricultural uses. The area, at the rear of each lot, restricted from building development serves to buffer the surrounding agricultural uses from the residential activities of the new development. Flow-through irrigation ditches will be preserved and areas not committed to building development will continue to be irrigated with the property's water rights. Even with an accessory dwelling on each lot, the gross project density is lower than that allowed by the existing zone district. HOUSING Goal: Provide ,for affordable and diverse housing types capable of accommodating the needs of county residents, in all income ranges. without putting a financial burden on existing public services. The Native Springs Subdivision is directed at families desiring a small rural acreage that can accommodate a limited amount of livestock while offering easy access to the primary valley transportation system and local commercial services. Such a product can be offered at this location at a price significantly lower than is possible in Garfield County upriver from Glenwood Springs. INDUSTRIAL / COMMERCIAL Goal: Maintain and support the existing economic base of the county and encourage further diversification, which will broaden employment opportunities and help stabilize the economic future of the region. No commercial uses are proposed by the project. Residents of the project will provide additional consumers for the City of Rifle commercial community. RECREATION / OPEN SPACE Goal: Ensure county residents and visitors have ample recreational opportunities through the development of and maintenance of parks, recreation facilities 4 r • • and passive open space. The gracious size of the proposed lots will serve to satisfy many of the recreational needs of the new residents.Open space preservation is promoted by the clustered design that preserves nearly half of the lot area as visual (passive) open space. Additionally, the 2.4 acres west of CR 210 will be dedicated to the home owners association as permanent open space thereby protecting a piece of a visually sensitive natural terrain feature. TRANSPORTATION Goal: Ensure that the county transportation system is safe and functional for all types of traffic and is compatible with the contours of the land, The on site access road is proposed on very gently sloping land and will be built to the _ applicable Garfield County Road Design Standards with the exception of a cul-de-sac that exceeds the standards in total length. The cul-de-sac could be designed as a through road but it would be a road built in conflict with the contours of the land and, because of its potential for becoming a short-cut between CR 221 and 210, it would encourage inappropriate traffic through the subdivision. Traffic from the subdivision will have limited impact on the county road system since the project is only about a mile from State Highway 6 & 24 via either CR 221 or 210. The project is within Off-site Road Impact Study Area 4 and will pay the Off --site Road impact Fees defined by Garfield County Regulations. These fees will be used to help mitigate traffic impacts on the county road system within Study Area 4. WATER and SEWER Goal: Ensure that provision of legal, adequate, dependable, and cost effective sewer and water facilities and to encourage new development to locate in proximity to existing sewer and water facilities. SCS soils mapping indicates that all lots will have access to soils that will support sanitation leach fields that have only moderate limitations due to slower percolation rates. The large lot size and the small number of lots is not conducive to the installation of sewer collection or water distribution systems nor to centralized treatment or storage facilities. Shared use of the existing privately owned central water system and central wastewater treatment facility is prohibitive due to the length of lines necessary to access these systems, Connecting points to these existing systems are more than 2.000 feet away. ENVIRONMENT Goal: Encourage a land use pattern which considers the environmental sensitivity of the land, does not overburden the physical capacity of the land and is in • the best interest of county residents. The proposed plan protects steep slopes west of CR 210 from disturbance. There are no other environmentally sensitive areas on the site except for some wetlands located in the borrow ditch along CR 22.1. These wetlands would not be disturbed by the proposed road configuration. COMMUNITY SERVICES Goal: Maintain adequate and dependable levels of community services such as schools, health care. public administration, police and fire protection, necessary to support all present and future residents of the county. The relatively close proximity of the development site to the City of Rifle will help minimize the impacts on some community services. The contribution of the residents of the development to the sales tax revenues of the City of Rifle will also help support some community service agencies. The development will pay the standard school impact fee. URBAN AREAS OF INFLUENCE Goal: Insure that development occurring in the county which will affect a municipality is compatible with the future urbanization plans of the appropriate jurisdiction. The site is segregated from the expanding land use patterns of East Rifle by the high rock bluffs west of CR 210. The lower density residential land use proposed by this project should not have an impact on the urbanization of areas immediately east of the City of Rifle. If you have any questions or desire any additional information please call me at the above referenced phone numbers. Ronald B. Liston 6 r TITLE POLICY • 1 Land Title Guarantee Company Date: April 10. 2000 PAUL B. LUG[NBVHL AND JIM E. LL GINBUHL P.O. BOX 950 BASALT. CO 81621 Enclosed please find the tide insurance policy for your property located at . RIFLE. CO 8i650 Please review this policy in its entirety. the event that you find any discrepancy. or if you have any questions regarding your final title policy, you May contact Title Department Phone: 970-915-2610 L" Fax: 970-945-:784 Please refer to our Order No. 0W233358 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes. you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee. Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company Form AO/ORT Our Order No_ 0W233358 Property Address: RIFLE, CO 81650 Schedule A Amount 5424,000.00 I. Policy Date: March 27, 2000 at 5:00 P.M. 2. dame of Insured: PAUL 8. LUGINBUHL AND IN E. LUGINBUHL 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is: A Fre 5imDle 4. Title to the estate or interest covered by this policy at the date hereof is vested in: PAUL B. LUGI NBUHL AND Jai E. LUGINBUHL 5. The land referred to in this policy is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Tide Insurance Company r1 • r r LEGAL DESCRIPTION •TG Policy No. LTHH233358 Our Order No. GW233358 A TRACT OF LAND SITUATED EN THE NORTH 1/2 OF SECTION 1 1 AND THE SWI/4SE114 OF SECTION 2.. TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE S[XTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 11,. MARKED WITH A 2 1/2' ALUMINUM CAP, THENCE S 89 DEGREES 29'33" W 667.45 FEET ALONG THE NORTH LINE TO THE NORTHWEST CORNER OF THE NE1l4NE1/4NW'[:4 OF SAID SECTION 11: THENCE 5 00 DEGREES EV [6' E 237.89 FEET ALONG THE WEST LINE OF SAID NEI14NE114NW II4 TO THE NORTH LINE OF THE WIMMER PARCEL AS DESCRIBED IN BOOK 367 AT PAGE 458; THENCE N 89 DEGREES 31'32' E 279.44 FEET ALONG THE NORTH LINE TO THE NORTHEAST CORNER OF SAID WDYL IER PARCEL; THENCE 5 00 DEGREES 22'28' E 1028.81 FEET ALONG THE EAST LINE TO THE SOUTHEAST CORNER OF SAID WIMMER PARCEL, ALSO BEING THE SOUTH LINE OF THE NE114NW1/4 OF SAID SECTION 11: THENCE N 89 DEGREES 37"45' E 382.26 FEET ALONG THE SOUTH LINE TO THE SOUTHWEST CORNER OF THE NW 1,'-NEIr4 OF SAID SECTION I I : THENCE N 39 DEGREES 39'46` E 1315.08 FEET ALONG THE SOUTH LINE TO THE SOUTHEAST CORNER OF SAID NW 1I4NEI 4: THENCE N 00 DEGREES :}'59' W .3319.25 FEET ALONG THE EAST LINE OF SAID NW1:'4NE1;'4: THENCE N 00 DEGREES 39'31" W 466.37 FEET ALONG THE EAST LINE OF THE SWI/45E1/4 OF SAID SECTION 2: THENCE 5 89 DEGREES 34'26' W 1013. 04 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 210: THENCE 5 36 DEGREES 3743" W 219.93 FEET ALONG SAID R.O.W.; THENCE 5 35 DEGREES 58'55' W 174.94 FEET ALONG SAID R.O.W.; THENCE 5 36 DEGREES 49':4" W 102.62 FEET ALONG SAID R.O. W. TO THE WEST LINE OF SAID SW 1/4SE1/4 OF SECTION 2; THENCE S 00 DEGREES 57'59" E 67.81 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Ra r Our Order No. GW233358 Schedule B This policy does not insure against lass or damage by reason of the following: I. 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 lutes, 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 theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. TAXES FOR 2000 AND SUBSEQUENT YEARS ONLY. NOT YET DUE AND PAYABLE. 6. DEED OF TRUST DATED MARCH 27, 2000, FROM PAUL B. LUGINBUHL AND JIM E. LUGINBUHL TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF GEORGE D. GREEN AND ARDIS A. GREEN TO SECUR.E THE SUM OF 5324.000.00 RECORDED MARCH 27. 2000. IN BOOK 1173 AT PAGE 455 LND R RECEPTION( NO. 561131. 7. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY. FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION LN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 14, 1917, IN BOOK 73 AT PAGE 105 AND RECORDED MARCH 13, 1923 IN BOOK 73 AT PAGE 147. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONs11tUt.IdD BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 14, 1917, IN BOOK 73 AT PAGE W5 AND RECORDED MARCH 13, 1923 IN BOOK 73 AT PAGE 147. 10. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENTS RECORDED OCTOBER 30, 1962 IN BOOK 345 AT PAGE 195 AND AT PAGE 199. UTILITY EASEMENT AS GRANTED TO COLORADO -UTE ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MAY 06, 1963, IN BOOK 349 AT PAGE 106. 12. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT CONVEYED TO US r r.� 4 Form AOlORT Our Order No. GW233358 Schedule B G Folicy No. LT` H233358 WEST COMMUNICATIONS RECORDED APRIL 27, 1992 IN BOOK 830 AT PAGE 63. 13. OIL AND GAS LEASE BETWEEN GEORGE D. GREEN AND ARDIS A. GREEN AND BARRETT RESOURCES CORPORATION, RECORDED OCTOBER 02, 1995 IN BOOK 954 AT PAGE 634 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 14. EASEMENTS AND RIGHTS OF WAY FOR. ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. Old Republic Nacional Tule insurance Company ALTA COMMITMENT Our Order No. GW233358-2 Schedule A Cust. Ref.: Property Address: TBD COUNTY ROAD 221 RIFLE, CO 81650 1. Effective Date: Febriary 18. 2000 ac 5:00 P.M. 2. Policy co be Issued. and Proposed Insured: 'ALTA' Owner's Policy 10-17-92 Proposed Insured: PAUL B. LUGINBUHL AND JIM E. LUGINBLIHL 5424,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interezat covered herein is at the effective date hereof' vested its: GEORGE D. GREEN AND ARDIS A. GREEN 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION r C • 1 Our Order No. GW233358-2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTH I/2 OF SECTION 11 AND THE SW1.`4SE1/4 OF SECTION 2. TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED .AS FOLLOWS: BEGINNING AT THE NORTH 1:4 CORNER OF SAID SECTION 11. MARKED WITH A 2 1/2" ALUMINUM CAP, THENCE S 59 DEGREES 29.33' w' 667.45 FEET ALONG THE NORTH LINE TO THE NORTHWEST CORNER OF THE NL. -NE; -1`W; 4 OF SAID SECTION 11: THENCE 5 00 DEGREES 11'16' E 237.89 FEET ALONG THE WEST LINE OF SAID NEI/4NEI.4NW L/4 TO THE NORTH LINE OF THE WIMMER PARCEL AS DESCRIBED IN BOOK 367 AT PAGE 458: THENCE N 89 DEGREES 31'32" E 279.44 FEET ALONG THE NORTH LINE TO THE NORTHEAST CORNER OF SAID WLMMER PARCEL; . THENCE S 00 DEGREES 22'28' E 1028.81 FEET ALONG THE EAST LINE TO THE SOUTHEAST CORNER. OF SAID WIMMER. PARCEL. ALSO BEING THE SOUTH LINE OF THE NEI/4NW1/4 OF SAID SECTION 11; THENCE N 89 DEGREES 37'45- E 382.26 FEET ALONG THE SOUTH LINE TO THE SOUTHWEST CORNER OF THE NW1.'-NE.'4 OF SAID SECTION I I; THENCE N 89 DEGREES 39'46` E 1315.03 FEET ALONG THE SOUTH LINE TO THE SOUTHEAST CORNER OF SAID :NWII4NE1/4; THENCE ti 24)) DEGRF_ES ._' 9' W 13 19.25 FEET ALONG THE EAST LINE OF SAID NWII4NE1.4: THENCE N 00 DEGREES 39'37" W 466.37 FEET ALONG THE EAST LINE OF THE SWI/4SE1/4 OF SAID SECTION 2: THENCE S 89 DEGREES 34'26` W 1013. 04 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 210: THENCE 5 36 DEGREES 37'43" W 219.93 FEET ALONG SAID R.O.W.: THENCE S 35 DEGREES 58'55' W 174.94 FEET ALONG SAID R.O.W.; THENCE S 36 DEGREES 49'44' W 102.52 FEET ALONG SAID R.O. W. TO THE WEST LINE OF SAID SWI/4SEI/4 OF SECTION 2; THENCE 5 00 DEGREES 57'59' E 67.81 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DEEDED TO THE BOARD OF COUNTY COMMISSIONERS BY WARRANTY DEED RECORDED APRIL 29, 1939 IN BOOK 188 AT PAGE 349. COUNTY OF GARFIELD STATE OF COLORADO l . 1 f" 1 ALTA COMMITMENT Schedule B-1 (Requirements) The following are the requirements to be complied with: Our Order No. 0W233358-2 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument4s) creating the Mate or interest co be insured must be executed and duly tied for record. to -wit: 1, WARRANTY DEED FROM GEORGE D. GREEN AND ARDIS A. GREEN TO PAUL 3. LUGINBUHL AND JIM E. LUGINBUHL CONVEYING SUBJECT PROPERTY. I4 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW233358-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: t. Rights of claims of parties in possession not shown by the public records. D. Easements. or claims of easements, not shown by the public records. Discrepancies, conflicts in boundary 1i.^es, 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. Any Lien, or right to a lien, for sentices, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Defecrs, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective dare hereof but prior co the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. Any unpaid taxes or assessments ,.=a...ws: said land. Liens for unpaid water and sewer zharges.. if any. 9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY,. FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT ASND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 14, 1917. IN BOOK 73 AT PAGE 105 AND RECORDED MARCH 13, 1923 IN BOOK 73 AT PAGE 147. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONS 1 RUCTED BY THE AUTHORITY OF THE i UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 14, 1917, IN BOOK 73 AT PAGE 105 AND RECORDED MARCH 13, 1923 IN BOOK 73 AT PAGE 147. 12. RESERVATION OF ONE-HALF OF ALL OIL, GAS AND MINERALS AS SET FORTH IN 1 WARRANTY DEED RECORDED SEPTEMBER 17, 1962 IN BOOK 344 AT PAGE 164. I 13. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENTS RECORDED OCTOBER 30, 1962 IN BOOK 345 AT PAGE 195 AND AT PAGE 199. ALTA COMM[TMENT Schedule 13-2 (Exceptions) Our Order No. GW233358-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed - of to the satisfaction of the Company: [4. UTILITY EASEMENT AS GRANTED TO COLORADO -UTE ELECTRIC ASSOCIATION. INC. IN INSTRUMENT RECORDED NIAY 06, 1963, IN BOOK 349 AT PAGE 106. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT CONVEYED TO US WEST COMMUNICATIONS RECORDED APRIL 27, 1992 IN BOOK 830 AT PAGE 63. 16. OIL AND GAS LEASE BETWEEN GEORGE D. GREEN AND ARDIS A. GREEN AND BARREIT RESOURCES CORPORATION, RECORDED OCTOBER 02, 1995 IN BOOK 954 AT PAGE 634 AND ANY AND ALL. ASSIGNMENTS THEREOF, OR INTEREST THEREIN. t 17. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND iN PLACE. L :-t LAND TITLE GUARANTEE COMPANY DESCLOSLRE STATEN E Tr Required by C.R.S. 10-11-122 { A' The subject real properly may be located in a special taxing district. 3 A CenitIcate of T a_ces Due :.sting each taxing jurisdiction rriay be obtained from :tee County Treasurer's authorized agent. C) The 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. Effective September 1, 1997, CRS 30-10-406 requires iliac all documents received for recording ar filing in the clerk and recorder's office shall contain a top margin of at least one inch and a lett, right and bottom margin of at lease one half of an inch. The clerk and recorder may refuse to record or rile any document that does not conform. except that. the requirement for the top margin shall not apply to documents rising. forms on which space is provided for -ecordir.a or thing information at the top margin of the docurrent. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that 'Every title entire shall be res,:ortsible For all matters wiaicb appear of record prior to the rf^^e of recording whenever the title emir:, conducts the closing and is responsible for recording ar filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Tide Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available(typicaily by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the fallowing conditions: A. The land described in Schedule A of this commitmeat must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-rnen for purposes of construction on tine land described in Schedule A of this Commitment within the past 6 months_ C. The Company must receive an appropriate affidavit indemnifying the Company against un -fried mechanic's and material -men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction. improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the sealer, the builder and or the contractor: payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary al=ter an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. L • • MINERAL RIGHTS MINERAL OWNERS Mineral rights for the property are owned by the George D and Ardis A. Green, 0603 County Road 221, Rifle, Colorado 81650. The oil and gas lease listed in Item #13 of the Title Policy exceptions has expired and is no longer in force. 1 • WATER SUPPLY PLAN IF. 1 1 c.O. Bax 1908 1 )5 ooaper Ave. -wood Springs, CO 81602 1 1 • Z4NC4NELLA 4140 ASSOC14TM INC. ENi NEEPfNC CvNSULT414 March 12, 2001 Mr, Mark Bean Garfield County Planninc Dept 109 - Stn Street. Suite 303 Glenwood Springs. CC 81601 Re: Native Springs Subdivision Water Supply Dear Mark: (970) 945-5700 (970) 945-1253 Fax Zancanelia and Associates. Inc. has completed the groundwater investigations for the proposed Native Springs Subdivision. Information contained in this report covers estimated future Ccr estic 'rvater uses. a water supply plan, a summary of tne well construction details and results of the pump test on Native Springs. Well #2. Water Requirements Table 1, attached. presents the estimated diversions and consumptive use for the proposed Native Springs Subdivision. We have assumed that each cf the 22 residences will be occupied by 3.5 ^ecple using 100 gallons of water per person per day. Water will be diverted to irrigate up to 500 square feet of lawn at each residence from the domestic system. Additional irrigation water will be supplied from existing raw water sources. Legal Supply As can be seen from Table 1, the subdivision will divert an average 8.94 AF annually, and consumptively. use 1.52 AF. The peak month of June would require a -continuous- average` . diversion of 5.9 gpm. The subdivision is located within Area A of the West Divide Water District and is eligible for the District's temporary exchange plan approved by Garfield County and the Colorado Division of Water Resources. A contract from the West Divide District for 9.39 acre feet, including transit losses, has been approved. A copy is attached. Copies are also attached of the well permits for the wells for each of the 11 lots in the proposed subdivision. Physical Supply It is our understanding that the Native Springs Subdivision will be served by individual wells for each lot and will be operated as a non -community water supply system as defined by the Colorado Depar rent of Public Health and Environment. Well Details The Native Springs Well #2 was completed on November 1, 2000 by Shelton Drilling Corporation. The well is located in the NW V. of the NE 1/. of Section 11, Township 6 • • South, Range 93 West of the 6th P.M. The well can be plotted approximately 800 feet from the north section line and 1790 feet from the east section line. The approximate location of the well and the Native Springs boundary are shown on the attached general location map, Figure 1. The well was drilled to a total depth of 73 feet, through the Pleistocene to Recent alluvial and colluvial cover, to the top of the Tertiary Wasatch Formation. Water was encountered. during drilling at approximately 46 feet. The static water level in the Native Springs Well #2 on November 2. 2000 was 25.92 feet below the top of the well casing. The well was constructed with ten fee of slotted steel well screen set at a depth of 60 - 70 feet. At its current static water level there is approximately 34.1 feet (60 feet - 25.9 feet). of available drawdown. The drawdown represents the available drop from the initial static level. The attached Figure 2 has been prepared to illustrate the well construction details. Also attached is the well construction report from Shelton Drilling. Pump Test A pump test was conducted on November 2 and 3, 2000 by Samuelson Pump Company utilizing an electric submersible pump powered by a portable generator, Tne pump test was conducted at an initial rate of 15 gallons per minute (gprn) and was held at that rate throughout the test. The well was pumped continuously for a 25 hour period at the 15 gpm rate. The drawdcwn and time data collected during the test are presented in Table 2. We have plotted the results of the test in a drawdown vs. time curie as shown on the attached Figure 3. The maximum drawdown during the 25-hcur test was approximately 13.75 feet. The water level was declining only slightly near the end of the test. The water level remained well above the pump intake during the entire test. Recovery data for the well following the pump test was collected for a sixty minute period after the pumping stopped and was checked again at two later intervals. The recovery data are also summarized in 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. Water Quality Finally, water samples were collected during the pump test and sent to Grand Junction Labs for independent analyses. The lab tests included analyses for Nitrates / Nitrites and bacteria, as required by Garfield County. In addition, Phase ll and V inorganic were performed. Copies of the fab results, on state forms, are attached. All the inorganic elements and the Nitrate / Nitrite results were below the Maximum Contaminant Levels (MCLs), as established by the Colorado Department of Public Health and Environment. The result of the bacteria test shows that no coliform bacteria were present in the sample. Conclusions It is our opinion that Native Springs Well #2 demonstrates that the well will be able to provide an adequate water supply for Lot #2. Figure 5 shows the topographic map of the area of the proposed subdivision overtain by a portion of the Preliminary Geologic Map of Page 2 r the Silt Quadrangle (Shrcba, Fairer and Morris, 1994, U. S. G. S. Open File Report 94- 696). It can be seen that, in general, the same geologic formations underlie the entire Native Springs Subdivision. The Tertiary Wasatch Formation (Tw) is the basal unit with the Quaternary alluvial and cailuvial deposits (Qac) occurring above. The Qac deposits form the primary aquifer in this environment. There is some influence from the Quaternary sheet wash deposits (Qsw) being shed off the bluff to the northwest of the subdivision, however it is believed that these deposits would not substantially alter the aquifer characteristics. It is reasonable to assume that other wells drilled within the Native Springs Subdivision would have properties similar to Well #2 and that an adequate water supply will be available for the other lots in the proposed subdivision. If you have any questions, please feel free to contact aur office at 945-5700. Very truly yours, Zancaneila and Associates, Inc. r 7. Thomas A. Zancanella, P. E. f/ 1 Bradley C. Peek, Geologist Attachments cc: Paul and Jim L°uginbuhl N:\20000\20722 Native Soriegs SublBean-WaterRept.wpd Page 3 ..1 .�. .� P.arripec n .r # of Residences 22 0 units # persons/residence 3 5 cap/unit I► pilot's/person/day 100 gpcd Percent Consumed 15% Lawn Ilrigallon 500 sq -filial Application Efficiency 70% Crap Irricg regmnt (CIR) 2.17 f1 ILOMh January February Match April May ,lune July August Septembrr October November December Tablo 1 Native Springs Subdivision 11 Lots, 11 ADUs Estimated Water Requirements Water Use Inputs # of Commercial Units 0 0 fi gerson51Llnit ll 0 1i gatlanslpersonklay 1001 r,1pl.rl Percent Consumed 15% Lawn Irrigation U :,ii Iltunll Application Efficiency 70% Cron Irri regnlnt iC1ftr 2.17 it _ Water Usa Calculations .illt.lhir 4•r114iall4i.i+i ,.121 1Pfili191tlLilynil 41;...g ,k '?:'att1.i-._ t.1A!1W6;lli S' VI IH iii 01 . 4+1 Irl 111 Oallusfk Cunuuarclal DamlCoonnr POIld I Wa- in -house in-houaa Irtapallun Evap. : aleck iul.l lac-rty laefil (ac -111 tae -11) 11aC•ry lac II) 0.73 0-0.0 0 00 0,00 0.00 0.66 0.00 0.00 0.00 0.00 0,73 0.00 0.00 0.00 10.00 0.71 0.00 0.01 0.00 0.00 0.73 0,00 0.06 0.00 0.00 0.71 0 00 0.08 0.00 0.00 0.7 3 0.00 0.07 0.00 0.00 0.73 0 00 0.05 0.00 0.00 0.71 0 00 0.04 0.00 0.00 0.73 0 00 0.00 0.00 0.00 0.71 0 00 0.00 0.00 0.00 0.73 0 00 0.00 0.00 0.00 MO" 44. NOS -=11am.44. Inc wow Maa.tcaaLAO ».n Older:: aPra'Ika. CO lea 701a1 qw. 12) 13.82 0.00 0.32....___0.00 073 0 66 0 73 0.72 080 0 79 081 079 0 75 0 73 0.71 073 la1 Avarago Gu rlrsll1L Flow Irl-Iluu• tuPrrrl lac hl 5.3 5.3 53 5.4 5.8 5.9 5.9 57 57 5.4 5.3 5.3 O 11 0 10 O 11 O 11 O 11 O 11 O 11 0.11 0 11 011 O I1 O 11 0.00 _.-- 8.94 __ 6.64 11 1.29 Pond Surface Area 0 acres Arinllat Net Evaporation 2 /4 It i Ivestock 0 rinils livestock Consumplirxr i 5 c}liud lirrg.1ed Open Spacu 0 :haus Application Efficiency 7tI%u [Crop 011re pint CIR 2 17 ft ia! 110 1111 1171 Coming e cia1 ❑urnlCu ural rr urrrl. Llw- 141 rlaua• 000 1100 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0.00 0 00 0 00 intgarlun Lvov tac•flr lac 111 000 0.00 0.00 0.01 0.04 0.05 0.05 0.04 0.03 0.00 0.00 0 00 000 000 0 00 0.00 0 00 0 00 0 00 0 110 0 00 0 00 0 00 0 00 Mack 1ac•rl1 0 00 0 00 0 00 0 00 0 00 0.00 0 00 0 00 0 00 0 00 0 00 0 00 1131 1141 A rare Qa Toue How (EPmi 0.11 0.10 0.11 0.11 0.15 0.16 016 0.15 0 14 011 0.11 011 0.8 0.8 0.8 0.8 1.1 1.2 1.2 1.1 1.0 0.6 08 0.ti 0.00 0.22 0.00 11.01 1.62 0:94- t � ! Days in Month 30 31 30 31 31 30 31 Location: Rifle, Colorado Airport Elevation: 5500 Feel Latitude: 39 Degrees North (1) (2) T-1 • B1_ANEY i f tiii)l.E COt' Iilvbf I tvr: USE CAI.CIit AI IONS (3) k (4) (5) Mean % of Mon. Temp Daylight Month Days (F) Hours May Jima July_ Au0ust 64W/slaw oaowr Totals 14 467 4.16 31 55.4 0.65 30 64.1 10.03 31705 10.14 31 68 5 0.51 30 sal a. 16 48 6 4.0; Cons. Cons. Use Use Total PpI. Coetf. (in.) 163 [lays 0.850 1124 1.129 0971 0 515 0 929 0 700 (1) Total Growing Season (April 15 - October 15) (2) Dille Weather Stations (3) 39 Degrees Latitude adjusted for (1)• (4) Derived from Agricultural Research Services Deport "Water Uses by Native Grasses in High Altitude Colorado Meadows." 1 65 6 20 7 26 666 533 466 1.55 (b) (7) 1 ata Eitective Preop. i'lecip (in.) (iii ) u95 u 15 1 06 096 LI 6S 091 101 095 105 090 11:3 098 1 35 D 93 / 56 u63 6 29 U52 (8) E xcess Precip. (in.) 028 0 1U 004 008 015 0 21 042 1 21 011 (0) (i0) Cons. Use (in ) 1 31 6 122 6 111 5 id 4 45 1 1.1 32 7s 2NU Nel lrrir3 f required (in ) (I1) 010 5 14 631 5'9.5 4 28. 341 020 2G 0. 2 11 0 U6 043 0 53 0 50 0 30 u 2d 002 26 03 (5) til:auey-Cuddle Consumptive tJse, Colalann5 (2)`(3)`(4)!1[} (n) Itrltu Wcacsthc 1 `talions (1) SCS Tecti111ca1 Release f121, September 1910 Based on a Net Depth of App. = 0 (II) Precipitation Unavailable to Vegetation. Cuiunil5 (6)7 (170) (9) Consumptive Use adjusted fat Elfecttve i'icclpitation Columns (5)-(8) (10) Consumptive Use minus Effective Precipitation, Columns (9)-(7) 214 inches J1 • R9 3W r . r F 1` • • _ 4 •--` : - /Well • 1 r_ ,C sm../ 1. /f7 a I sorer. S:. -il • Linty Lociation F. NI -7ju • • A at I ere-- �y s: Y..'. • rf 1�:. r' va16 te_ L ,—r--. y . 1 _ r. ' - +^-�� : � OM1`" irti Cagily , / L-���. syr `, Airpo t 3r-sle in 1' cert. PROJECT LOCATION 102 NA1'1VE SPRINGS SUBDIVISION SIL: MOM saint SCAT t 1- 16 MX? Dna. 7. 7000 Lai LCL 4 AM2 ASSO Z-4 NC OW= r pist wpm .vi .. - w• ism am= T5S T6S TI is NO. GROUND LEVEL CLAYS, SANDS GRAVELS, SANDS WASATCH F'!ZRMAT EN TOTAL DEPTH 73' 0 10- 20- 30- 60- 70-' 1 NATIVE SPRINGS WELL #2 DETAIL DiesariaNO 1QI ZIOLUEnrit Cams HC? TAZ MED re TAZ Wanriffil ■4�idrrY CEMEN i 10' TO 24' 0' TO 73' 9' DIA. HOLE STATIC WATER LEVEL 25.92' ON NOVEMBER 2, 2000 -1' TO 60' 7' _.C, PLAIN ST ZL 0.240' WALL CSS: 60' TO 70' —7' Oa SLOTTED STEEL SCREEN - -- 0.240` WALLJ:HICKNF'S NATIVE SPRINGS SUBDIVISION r.NCAAE7LA .r r,+ .174649itriPAO C] d71 Mr wM OM _ - — Min MOW rasa ara Ca- +w= ss-aI 2 1 70 15 • TABLE 2 Pump Test Data `.4'elI ID' Natr.c_ Strrtnzs 'Well =' fob No.: :13722 Q = 9 : arm s Client: \at:'.e ]cr:r s r - 1` Test Bv- Samuelson S.W.L. = 25.92 ti" ti -tL �:usis By: SLP b.= T irr. Date an: ! k, :GO 11 -10 .A..44 M.P. = Time/Date arx: 1113:00 : 05 ?M protected Test L .n;th: 25:35:00 total time 1E Time M [notes l Measurement Drawdown reed i tzCt1 1 2, pan ! d minutes) 30 M 1 2.00 11 11 LkM 1112.'0011.3:ASM 2.00 1 1 4 .A2 1 1.1;100 11.33 AM 11/2/00 11:36 .AM 1112..'00 1 1:3 8 AM 11/7:00 11:40 AM l Ii2'00 11:45 AM 11i2:00 1 1.50 .A M I1:2.1)012:00PM 1I 2.00 12:10 PM 11;100 12:20 PM 11/2:00 12:30 PM 2.00 2.30 ?'.tit r. 00 1.30 PM f 00 4:00 PM 6 3 10 15 :0 30 401 50 50 130 240 :"0 11.1'00 11:00 PM 690 3;00 1:05 PM 11.3/00 1:06 PM .. 3 00 1:07 Ptii Id. 1,00 1:08 PM 11/3i00 1:09 PM 11/3/00 1:10 PM 11/3/00 1:13 PM 1113100 1:17 PM 1113100 1:20 PM 25 ) 2 28.29 _'.3 20 12.5 23.. _.37 29.60 30.3 31.25 5.33 32.67 6.'5 33.69 35.92 31.00 37.1' 10 00 1 1.08 11.27 4.66 15 15 15 15 15 15 1. 3".1- 11 25 3".31 11.39 3.32 11.40 1 15 37 ...18 ` l 1 an _.30 !! 53 3" 52 1535 1536 15.37 38.40 11.63 12.43 1: k 39.67 13.15 f Sto® Pumping 32.:.3 6.31 1.538 1539 1540 1543 I547 1550 1I/3/00 1:25 PM 11.13100 1:36 PM 1555 1566 0 1 1536 29.41 3 55 ) 2 769 28.00 27.15 26.31 2.03 ) 3 513 1.23 0 4 385 0.89 0 5 308 26.50 0.58 0 8 193 26.38 0.46 2632. 26.26 26.19 0.40 0.34 0.27 0 0 0 12 129 15 103 20 78 1 113100 1:45 PM 11/3/00 1:55 PM 1113100 2:05 PM 11/3;00 6:30 PM 1860 11/4/00 4100 12:00 PM -I 2910 1575 1585 26.18 0.26 31 51 40 39 1595 26.15 0.2.3 0.18 0 0 26.10 26.08 0.16 0 325 6 26.02 0.10 ] 1375 50 32 60 27 7 _ Wd riarip eat 1 0 5 10 15 20 25 30 35 40 45 60 55 80 85 70 10 Figure 3 Native Springs Well #2 25 Hour Pumping Test on 1112/00 -11 /3/00 100 Time (min) 1,000 1Q000 100,000 1,000,000 12kvmO a 'f1r1[tllirrila & ,A,Y21i[ar11t>> In( \PJ Il''f�1111r}7r3SR - 0 = 15 pm throughout teat F , 1Static Water Leval = 2592 ft ; - - - - r y +, • 1I 1 1 { i 1 1 9 --I - Pump eat at 62'. ; �► t 1 . . I Day 1 ! pay Day 3 2 Day 5 Day 10 Welt To 70n ' I 12kvmO a 'f1r1[tllirrila & ,A,Y21i[ar11t>> In( \PJ Il''f�1111r}7r3SR } 10 I...a�,. _._... Figure 4 Native Springs Well #2 Recovery as Residual Drawdown 100 tit' 1000 10000 100000 Zancaneile fi As6ucIulea, Inc. W ell2PunipTesl • • * . I t- i i . ! , -11_ , 1 .. 1 I� I • • ' 71 1 . , 1 1 1 I I I j . I 1 I I ! tl I ' l I 1 l I --------. . 1- 1 1 T - k 1 1 1 11' I I i: ; ,-----t- , , . Recovery following pump test 11/2/00'- 11/3/00. Zancaneile fi As6ucIulea, Inc. W ell2PunipTesl • • 4 Scale in Peet GEOLOGIC MAF N yam- SCAM BATA. SEEM =Au 1- - IDY70' Des. 1.1. >�7CO 1. Qi L mom TN:FNO jIN NATIVE SPRINGS SUBDIVISION Z44/C.44/17./..A 446 ASSOCUTElti EMMIESIZAW 601612 TN/ MLWM----Mr. =lag aZIMIIM rind& Mali= —pry .....on T6S FIGURJ NO. 210722 t€vtSEEO 7129/99 Name )r 1pgi ic3l1L: C tract #000906Rtfld(a) 410 Map #355 Date Activated 09/06/00 ;v?�; =_"i DE W�'?"�. CC'NS V .C`r DZSTRZ7.7 wx'r' . : ,:.si.C'I T CCN T'R_ACT/ L c..AS s Paul 3 . - _ , ugifbUa, �uc_a�u �= arc. � _� :� :uanc:u7 or 4e:ar 1c7s l ec: er r• D1 ct 3 :01::1c31 ?i:Cal vi sa lon o e Stat. coa; : C"nC. ''Er3^.Y :Gi71 .?S '� r`'.L ��C Divide �aL... .;.1152. J3nCJ �.. SC: ' ._,]f 3iaY3C{1.-SrlanIZeC Duman': :o and exist:ng 3y virtue of C.R.S. :972. 1337--5-:3:. et '°„ . ;nerainafter referred to :s tre str ' c: or in a i i o menC Contract: !ease :a erer i c' a i i y and :er^.,er.. a i i y use .acer .r ..at`r -'^.tics easec. .tr ftereafter acduired ay the DisZr'.CC. 3Y exe uciCil at "his C4ntrec I1ease aria the aczac.'ec aooi1C3mon. Al'+oli{`anC i'iereoy agrees to the rCYIcwtRg :arts gra conditions: 4acer holt::' =CO i i cant snail own 'nater rignt. at .he ;pint Jf ;i vers;on ;Remi n l awfu i l y enti t1 i r:C Applicant :a :i `eer...atar. ..n1 C.a +1 :1 :e o i 24iftafC 3 and augmented oy '..pater !ea sea ':er" • n. :f 400i i cant '. ^CenQs to 3i ver: nrl .ae ; ' _ 1us::e def. s act :v LCC i cant that "c .nC divert exists lti ! ' 'ra 1 :.. 1 . :ermi C :s • ct3lnei . Mm . ��Cn g �� :ne Colorado Division of '.dater Rescurtes. ant iter =cp i cr �y e =cc:1 cant -n :,ie awes= sec -:rt-: save sa.a i : e _i verted . _ 'r' �'.e District's oirect fIceo mater r7g;lt3. and ,nen Cor :s-naval1ao for 3i'rers7 _ J eco+iccnz ] :�a1r1�. JI .,aiverric�l - pursuant to aQrnnisZrat1Cf oy .1e "alaram Sate Engineer Curl ny rer'lods ',men said direct flow water r: nt :s not in 0rior` y. the 3i szrlc: S71a I 1 release for :."e use of . C i icant up to said quantity in acre feet per year of s:.orege saner owner! cr - Cantroi lea My ::'1e District. :t :s tee er5Zcod =sac any ouanci ty allotted "rnm air L flow. szzrage Or otferml se. to :ne mai •cant ay -'le']isZr'.Ct K1 i' :e 7511 cal yy :he ori ori ty 3f :.he i stri ct 6ecrees 'sial 3v :,`:e cnysiC3i and legal •avat1api ii•:'r of water from Dis:ric:'s sources. 2,ny want: y ai1CC ..'3 A i aniv se Crovideo, so long 35 water s 3'131 axle =na :.re co'#twant fu 6 l y comp I i es `gni th a i 1of u e 7.arns dna c: ndi ti cns of ;his contract. 1 ease . The +3 i stri cm and the Apo I i cant r ..:."gn i Ze that sore of the Oi stri ct ` s decrees may be in the name of the Colorado River Water r.Onser,atl o l District. and the ability of the _ Ji s tr l :o allot direct flpw rlcrrt to UMe.Aoplicant ,dray. be Ceenc 1t on..the consent of the Co l or3t River later Conservation — District. If at arty time the Awl font oeterartnes it requi res less water than the amount herein provided. Applicant may so nom f;1 the Gi stri cr in writing. and Che amount of water a l lotted under this contract/lease sna I l 5e reduced permanent 1 y in aCCO mance witn sus11 notice. gates snail be adjusted accordingly n following water ;rears only. ' 3erter'r-11 r ino 1_aCation of R ficial Ise: Any and all .iter allotted .xcoiiclnc by the Jistr'c- sna1 I ..e used for the following beneficial use or uses: municipal. domestic and related uses. ar 'cercial (except to the extent :hat Rue'di Resef ,'fl s r '.+afar lay :'Qt re ava l i as f e 'or=mem a i as tflat term i s en neo on ?age w of Cantrac: 4o. Z -37- '70-41547 -77- O- 15a7 oet. een :he lin' tad States and Acte 4esZ 3i Vi de 'iia ter Conservancy Gi sZr1 c .1 . aCr3 l l c lr E S tenef' c'. a l use of any dna 411 'nater a i lotted sna i ; re NI G'11;1 or ":.'1r! ugn tic.. 1 i nes 7r mon land owned. leased. •:oerat2'.i. ar 'icer Aop i i Cant s cant+"'a i Petr eas '•nd ^vii 51Ar' E ctanc a releases : rafe by 7.1District' out 3f Storage .'imam luedi Reservoir and Gruen .4ountal n Reser,at r. or order wares or rani l i ties of :he District. 3r 'loam ct+1er :ourtsas anal lap le :a tale District. sna 11 oe ce i i vered to Ine .+oo i : canc it tae out 1 ec ' GrCS of said storage f ac:1 i ti es •}r 3 c -ne :ec:-md :alarc 3f di versi on 'cr said other sources. and-eiease or delivery of eater at sacs outlet or points sna i i : mace :erfarmancz of Me District': coca • Poll gaCicn. Ce1ivery of star by Ule 0istric from Rued• pesetair or Green etrunta1n .eserro1r snaI1 be suolec :c the Di Stfl Ct s l ease c ritr3C',.s Al tri :ne United States Sureeu of Recl ametl ext . Re leases `'om ether :'3C: l i tt es ava i l arl i e :o L District sha i l be sect to the cn t: pct' 'ares. rules. and u1 ati 0rts governing rel- es therefrom. Furthermore, Vie : 7i strict hereby expressly reserves - 'gn. store 'Hater and to make exchange eases .rail structures that may be built or controlled by the DiStr]C'; in he �re. so long as the water service to t" p1icant pursuant to this agreement. is not impaired by said action. Any aliguwity of the App 1 i can t' s a l l oca ti an not delivered tai or used by Appl i Cant by the enol of each water year tec=ober L). stall revert to the pater supplies of the District. Sucn reversion small not entitle Acc1lc3nc :a any ref na of payment :trade for such Hater. 'Rater service droilcel 3Y ::'e Qlsirict snail Ce ' iYiiltea ne amount of water .avai laoie 1n priority at -:`e original point 0f diversion of t'e'7istrict s acai1C3o1e•water rlgrlt. and neither the District. nor those?ntitled to utilize ,1 Stri Ce i .:2:"na5. ray z3 i . ;n ;n+ ;;sa:wr amount it "°i• ]r alternate a i1_- : tThe QlSLr'c: snail r wines: e : icreCo Division of water Resources ;0 is.:11aCe any conveyance losses 3et'ne'ei =e point and any alternate point. and st:c.'1 est1m3Ce sna i i to deducted 'r2n this amount in each case. 10 ter -pats ..r -r Ti.ier7ion Ina van of lucnentar.''"n' c..!ecrac's :r alternate :othts 7f diversion .'e y * s,,plater --:nt. ;r ;....r'Ce .a c r '.ay :e resui re'1 'n :rdPr for fool f dont :0 '.se the .tetter service :ontemplaced ter. unCer. i,bC31n1ng such oecrees _:e -'xC Usive resconstai i iCy of Aaoilcant, The YtstriC: 7'2s rfes '.e .'cnt =o 'evlev Ina =rove any condi t: Cns wnicn nay to iczac ed no judicial approval of said 3 i :.2rnate point of diversion 3S cnt'emb i ated or necesSarf C0 serve Apol l cant' 5 facilities or lanes. Apo l i cant ac nc%ieiges and agrees that it sv'ia i l 7e solely restonst u le for :he procedures sna legal engineering casts oec'9S.sar'y ear any Manges in 'Hater rights contemplated herein.. and further agrees to Indemnify tee District 'roe 3nv cos= ar losses related thereto, Appliccnt is solely responsible far providing tarts and faci l it -es nes scary to cotainraivert the waters at said altercate :meet of diversion and Cel ;ver t1 -ea :0 .Ac l i cant ` 3 : nter ced a -1 c: a 1 i se . _:'reset ve of tre amoui t of rater actua i l y :ransferrea to the ace 1 i cant' s mint of i 7ersion . -R,e -0p i i Cant :nail 1 x2 :rr t i i • a;+rients to :.-e li sort c: taseea :'con re amount of .xitef allotted ':Shaer tea i l :cntract.'.ease. .• 'Cue event the :to i i c.nc : ntencs to •3cYo i y for an a ll ternat? mint of. diversion ?na to :evelco :n i+' itagrEarrt3C:Cn pian and !ns; : r.e .moi :r:e trigs for tre 3mi-oval •if such augmentat:Cn 31 an to aCcw:re lo41te'3nt :3 the 'Hater ai lotted .o .colC3nC .'.ereuicer. the Acoi icdnt :nail give u e OisC"w" ,.r'toen tot:C2 of soon 'nt.3'it. .n :re event tee Aop l i cant oeve i oos and adz taxi Cat its .ri augmentation plan ra .tet l i Ze ; ,e water a i l otzed 'lerertioer. Applicant snail not be obligated :0 ;ay any ameLslt 'suer ?aragraarl rL9 be i r . in any e'lett . the Di str t ct seal 1 '*.ave rte right to approve or di sapar:ve a AC01 1 Cont' s augmentation plan and .he .Aoo l.i can't stall provide :re J1 szr' Ct . `O 1 es of sucn a i do arta of ail Pleadings and ,t.' er doer; : i i er1 .1:n re water our n e ., i ci ca ti on incise 6. Ccntrec:.°�ee a :lav ay'nt: ''ion-+rerundable. ane ::me aiininistr3t e creme. .n : e amount determined by the 3oa r1 of Directors of the Di s:: o cit from time no time. shall be s1.?Am'1 tt.2d 'Hitt the 0 i' Cate on for ccnsi derati on ay the District. .annual payment for the 'Mater service described herein snail be determined by rune isoard of Directors of the District. The initial annual payment stall be made in full. within thirty (20) days after the Ate of notice to die Aoo i i cant .fiat the initial payment is due. Said notice will advise the Applicant. among other things. of G".e '.scar diver;► year to .rat i cn the a n i ti a i payment snail pap i y and the price whim is app 1 i cap 1 e to that year. Annual l-Ayn'iest5 for aeon ; ear rereJfter snail ,e due and payable :v rhe ca i i cant. wn or vefore eac7 ..anuary . r.f an annual payment i 5 mot iaae ty ; Ile Blue date a flat s50 late -2e will to assesses. 7inal written notice trier to cancellation will be Sent dere f�ea 7dl 1 . return receipt requested. to the Applicant 3t sus address as lay pe designatea py ,,ie Applicant in'wrltinq ar sec `pens :n this contract/Tease or application. Ater Ise for :fly part of a'+ate year areal require payment for :he entire rater year %thi ng ",erei n snail 5e cons 4: pet1 :o as 70 7revent ::'e 3t Sir • C: "r'm is lush nq the annual rate ;n its sole c'isit:cn tar future ,ears only. If payment 1s not lace stctin fifteen (is) days after the date 7f said written notice. AspiiCanC snail at District's sole option nave= furnner "gut, title or interest under tta15 c ncrac=.`lease i!CUC `urt"per notice. and deliver: 2 may ce unmealae.eey tim 3,6www .. at the of SCreticn of C.he Beard of es r" the district. _ Won cantellac:on of this •aaCer allacrent contract/leaseL''le Dist 1c . tte Oistrict shall net -1 t e pivi57on of 'dater Re -sour -0s off -10.s to rOenver and Glenwood Swings- The Division of Water Rescur=s may then order c saticn cf 3I `Meer u52. 1,10 -c=a: ~??S in4 '_'S 4.Coi1CanC agrees :o defray any ez rases .t:ccrred by the Oistrc::n czr ie `.an tri C`! :he ii lament 3f wat r "'C,nCs 'er`:tshcer, inciltaing, Out hot 1 Ian g tc. "?iRour'seie.'1t of 1ega1 ana env r'.eer'ite cszs ie r^ .. ;cnreC Cn '..l w5 my - ter —gnu and 3d1UO:cot`Cn necessary to allow ?,col i[3nc's Lsa of such a 11attm 'iatar ;G,C :. 3. ASs'crrrp^C- 1'e1s :_„ratted`lease shai 1 inure to :he ;eilefit 3f :e heirs.. suc:'essor5 or ,IS -S cn1S f cart -:2s 'e^'C'1 . any as.sigfnent ]� QLD t 1 C3t1C ; rl C1nCta tinder Lisis r;^,ncr ac W' 1 ease snail be S:x3 jec- :3. and ,itf3sw c incl:i suci -scut re!flefti as -"e iis---'c: +>ay `�e!°?31•..er ?ae3QC ,"egariing as.::tar]ileric ar zncroct.' lease rignt. arta Ile isaui' 1t cn :i :critr?c`: lease :a1:gat:cns :y asi:C^:ees 3Cti :::C:es.:crs. .iai•hn here'•rl moria; cr 'rent sLc!Ssor5 o a :or -..:ch .. ., 1 icanC- s 3racert:l from }[tel:+:ng :he Jls . it y' "or :rdiviQ121 -irlr) se araCe al lo1C ::tit; :c:sr-eases. :l0 ass:grzeit rai i r grit zed 7y he 31s7-7:C=:c_'at v..~ ciet:cn ano . , ing 3f :rccer .cr-zs for chance :f ersiia. Ucon r./Ie sale of . e real Oracerty to •Finita this contract/lease pernins. kolirn bias a Mr/ to matte buyer aawar0 ar -his twnt-ac:: lease in4 :r:ner for= for change of fwlersnia dust: Ce =apiecc:a. 1. .117.!-.e!.- ac• .AC0i'c3nt thai 1 :e MUM! by -..'ie :r'v1s14rt5 3f =.`.e 4atar ::.- serrancct .:c or Cticr3fl0: :'e -cies iia ,rsquiat:a1s 3i the :oaro or?1re',:t3r'S ar `.'le 31sit'cs: and ail 3r t ti :hereof and iota.IerertCS he!et and by ail ac.ier 3cal icanie -!rd '31 ncznarlr :cr-4snent: ADa i or_onc shall -??.1.2?' ' at: an-:cer3G' irl' 3n w int r..arc dcjr !TIE SC -.4i:.~ :rte 71 Stri c'C .Hoer :arm and i t` Cfl5 beterni ned oy :he board of .Dircyrors f the District. if and wee. ,.;'e 3cara of _ata ui St: ". C= . etar r.. : :h i e :7 sores: on L'iat such an r r rat i S "2!:'s1 ""?_^. 31 CI aggro' '"it hay :nL3: n mut snail not be 1ii;tea Ca. 3raV1sitris for additional arragii zwetary monsic rac:ai ar '.nsicn of lDisz ict celivera sere for 3cal cnal acoir17straEtco. :dere t:on_ and -mainC.`-iarn= •y s : 3r or .other to the •J sr.ricr w.nici ray art se .',rough serr1 eas mce oval i an i e . _ t . I:lame a se: The 'Ji 57.71C7. raSerres he cl us: ve "'g it :3 review. reecorove or sacQrQve any or : $eci mange : n use of tax al.loaed here'iitaer. . aly use other than -'iat ser 'Orth ie!'�':i n or any lease or sale :1f :"'.e 'miter :r ',Eater rignts e i lotted X.retnoer :ri tt1out 'the orior wri ttln aprarava i 3f :.':e 1 s a.' C snail 'e deem. ed :o be 2. rater'ai oreach of 'this =treat se. LZ. 'Jfie ir14 71' ^f :Ise- Applicant agreS co use use rater -n me Tanner =and on ;.'le prdcerty aesc.^bed tri the .:octioentS ssuimi t:ea to :re Ji st. i c' at C -he time this =nu -ac `l ease i s exec:tad. 3r = n any oerat i flim and 'tai Manna aqr a ient oroviCed dy aooiic3nt. .any 152 other _:ian 3S SEs forth .item or any 'ease 7r :ale of the `•a Car or 'mat r r'Gnt- -her'e i n . ocher man as r'e^.tii t:` ' n :ar'.gracn 3 •aaOve. snail e cameo .o be i anter- a 1 areata of this agreerlent. e• :s 'attxrA;..00d and 3t}r ei that r.otriing :''.er'ain snail .e tntar rste4 to give 7. -he .AOOi:Cant any eauitaale cr legal f'v -•-:'e 'rttar'..st 'fl 4r to any ...acer or %Aber 'gnts ....starred 7.2 herrn. d l i cant mai i 1 use ' i ! acgCed ;:nser-'a von 3r3cr1Cos with r?s' c :a the teeter and avatar r'gnc. 'herein_ ina hereby agre. to re ::ouicl by my 5 r:fatlin pian •ac3ooced hereafter 3y :ane Cr.fOr sz of 01sir`ct owned ed or c:a arch lea water Or -»ater r'gnt.;. ,5. ke5vr'c7ORs: :oatiltanC snail reser c. actual mverss:t;nS :.3 IOC ax :he `act:Lease amount. prcivi di!.S '+rater (on to formula of one 3C." e [orad per 31110 1 i rig) for ordinary mauSeno i d pure i nsi ria One single foal 1,+ 3 camel ing. the watering of dlaceswic lives lamer.. fire protection. and the irrigation or ur "1 b.UOU square reef or 1 aul ane • • ,co}icant sha!! also =noIy 4th all restrictions and Tiaitations set forth in the well permit obtained frac f:re Co1arida 01visicn of Water eesouoes• Rater: "q of :1veszocr, ai al i :2 :'4sCr'cC -3 Acoi +Cant's Cinfles:ic animals riot to be used 'ar rrrcer:ia! .'moles ':r1 i 40011CanC .1,0 Ca i ns 3CCro73 i 7r"71 :' e '.oICr3CO 31 Vi S Icn or ',#a ter Resr.urc s ar ':oi1 rer'_'•aI ...sell 1 vestoo nac.r•ng ac a Wore carping :`acl : cf. arrvideo :..'!at En no evert snail. actua i aiversiens 3xcaeo :^e amount ar waCar CrovlCec oy 11rs _rrzroc_. !:_ease. '/lciac:cn ;f tis oaragrion 15 snail a .'.eefred :o be a 'later?al :rm3G'1 Ccntroctit4ase. Jur"' -• :f seal 1 Cont `nt ca :0 '.i vert -.nrougn 3 ..e!1 :.yen aeo } l cant .rust orov/de :a +31 stn• c; _,,,^,v ACC' corL : fa' .c' .emi: ;afore ']isL.'CL :s •:oiigatec1 Ce ' i r any'..ater "erst.nce". Ap?SJr•ro c',ev/ce'r 4 ter- Applicant agrees to orovice. 3t t5 :.341 expense. a :oral ming flow Teter r7Cn raJnoce reacout :o .::.nt:r11TU4;/ 3r.0 accurately reesure 3t all :Wiles ail ..alar Jiiert2'r pursuant :a :~e :ants App } 1 cants .4a ter r• gric ona a :er.rs t`i s cc..nCr.'.c i :ease. Ace i cant agrees to Provo ce 3cc..rata ^edci ngs ''�i1 suC."1 evi ce or meter to Distn?C Inion Dist:?ccs rectest. Anal icant a titnawleagts that `ai1ure Ciacaroly'ri d 'his oaragraen sou1ri result ;n legal action 70 `er'itlnare �[Joii �ts civersion of water by rne State of Colorado Division of Ater Resources. 3y signing agent, Jr .'n its authorized ent, :a entar upon aopl i carat' s Groper^' ;;71s :£nCr3CC. aiipl ic3nt ^er°7y i�:."C.'i °y a i lCyr.S is:.:"Ct. tflror :luring ordinary ausiY,eSa 'Curs .,r r e :L'r':cses :f •_eter71ininq iE7{Ji icant. 3 use of .,.aver. :3,=?^re=ert'.C: ns: 3y axe ur.ng :his conc.ractilease. .ACollc rt Jgraes :net .t 's not rolyu^g tiro .m+ l e+ a 1 or eng1 neer1 rrq Taw ce 3t .:C/ i i A.r,i" Fit lay I l eve .'nes 'be r i ved ram 7.:* Di s i�. 7. cc. Adel i Cant 'urine" aanUW i edges r- :fat las Detainee ail�e "` 's E'! ,ecai one rgineer'ng aeinCe rrpm .=co11C3nL ;t.'er :fan : ie 31St'T:::. Ace I t Cant f Urtrier acXhcA k edges IRIxes no guar-ampes. -war-anti es. or 3sa:iC?nC S •+a'iat ce'er 3ocut .he GR.'ant-.:'r or quality of ,,aver ava1 l axle :urri.:dnt .3 .`I7 5 centred.`. a .se. Should w"e i szr' CC Jia4 Y a :o :novice trie '.titer contracted or herein. no damages lay De 3ssesseC against :he Di Stn ' cL . her ley App i i cant cocain 3 rerLaid from 1e District. %titer '3Urr =' 1 fr+a irsrl Ii_crier+tocion 31an' I1Culd :ne iszr!os. 'n itt.0 own Ciscr eticn. C `f3452 `J nor l uoe ..cpl i anc. s z nfr'.CL: lease ner??i n -In 3 Kater court fl 1 i nU -Cr 31 Ce:"'iate Dol nt 3i li'rers i on or Dian •3 augnlentat i on . :hen Aoo i i c :nc rereay agrees co ;ay o :.'le District. -Alen assessed. :n addi t i ona i fee represent i nq , Ze District's actual and reasanaoie csts and fees for Aopiicant's snare of r.re pr e.oings. Applicant snail be assessed a ;aro- ra ca srare of the total cost in= -red by ase District in pr! ar1 nq. fi 1 i ng and pursuing ca Cecree L'se Ater court case. The pro -rata share snail be c3 i cu l aCel by di vi ai ng RIM total -]St by the rilrrrrer-of =tracteesilesse `ncl used i rs Che •i"i Ti ng: -`- o r.he extent Filet the District is mused additional rests because of a 7ecton filed soecifiral1y ate to the inclusion of • iicant's contract/lease In the filing. such additional costs may be ctlarged sped fict1ly to Applicant and not snared cri 3 oro -rata basis by all =ncrac__eesl lesSeeeS . 20. ?rnairxs =off !iL This grit shall not ce =apiece 'or oinlainq ,ion .tie I}7st-lcs unless. 3ttac ed hereto IS the 'grit encib!ed `,=coiic3tian and Cara =aril bo LaaSe water =r'm 4 3ivice oaten" Ccnser'anc/ strlct' Tui 1 y ccrc l etee by .Xdp i 'cant ona 3ccroved by the 7i sir • C_' s engineer Said 3tr.at'nta ria l l by :his reference there*..a Ce incorporated into me terns of .y 1 s 3greesle'c. All C:7rraSDonderlce from 'me Ci st.:" c: .cpi t cant referring to or rel ati ng - :a :Itis agreellent is oy .i s-orere'ea -n cr3Ced Into .tis agreement 3s -ur'_:':e- :arms ono wnalti£ns :f :is agreement. 71. Artlr'c• ' _S THE SOLE RE PCNsratLuTY OF THE APPUC..NT 70 DIANN .i ALM AEU_ 75.-441,1 OR Y7T'r#E.i WAWA - RIGsiT :N ORDER 70 DIVERT '4A1 . NC JIN1S :FIE ',A1- Rat EREeg UNVER THIS +INTRAC:/L.EriS"c. :i tS 714E iiT RUING OUT( OF ,+'E APPLICANT TO .SAINTAIN 114E ';AL:3r' ;HE SELL ?ER11IT CR ',4ATu" t RIGiT tNt_UC(HC, =`L .`IG =CR C ` iSEQNS OF R II TS. =.L=N€ +EL.. CMPLETTON REPORTS. F.L;NIS STA1 eiTs v1: 3ENE ICIAL USE. 74 711?8541SE tAlIFIlLL'l APP! 'i;N6 THE WATER 70 3E ErIC:AL USE ON r REGLUR BASIS w rrHk1T AILSTE. 1. • i 7. ABI a; g + t1 RAGS!! 1h5f 5. rr ',PI IC.Utr' S wkZL QR QTFiER liA ti 4 R tQ It niAr IS TIE e: BI C r CIF TfiLS e CT' .ct.CTI1 EASE t5 LOCATW :73TSME 'AREA A AS DESIGNATED BY T}E OtStkic3, tics ttlrS PARFammAPPUES. T}E £ QETITATION 14ATU olcV cEu sY EHE'315111:C' t I•A !WS ( IIiAC; 4AY MI Y mtrECi AP t.tCANT-S 1WTEi RICH! 401 A CLI I tela NE CF CA= 1{INR AJ(i w1Y NOT Mc= ANL:CANT FRCM .L AL 7024 ANY 011.4:t -4.1 AIGIOI. I14 4CPRESarrATIrp OTPEVESE iS'11th 'By FW. OI$it'Ii(: 1.. r 71415 ISA '.: =:iI 0 J,t" Ec. i, :TIES 'CIiIRACTit rA.5; .+WAY K RE -SMOG UM, VITTEI !IQ{I L L:YIRF13 m mr OIsTRICT tlY °I3 P :c. J r wIT•eitH 74E YEr ,il �Y r}L_.Ii)C +1~: ,\Fr iXs'NC :7F .;;CINA11LArri '1H MIS C::,IITRAr;',: =-Is]E :?t likii i _iE.'i; ALL :IPS ?+►i 3Y •ij _ANT -OR :MS c3I17.)`C;iL`.A5f SH&L1 +t IncrITATELf 113 Ate' CHT 0011.',3ra�. • T! :1=(.� _:L: Arxi :S. rAINY riF GARP ;E1.3 lapramitag ""z4r :Rent' 1S aCcrr4rie1 7erars +rte x3 ...his • -3y /r ;•/.1. ait..ess •my 'are e16 C3iiic3aI Segi. ycr!r:'P C4131 `. C ' 11`iI•iL� Andr a lear+ril 7y the Anand nr Oirectori a' the "r+est Civs:x± rat~+r ..onse!Yancy lYfsdr :::m :he Icc>1"=1:,.:n. t ? s harm? NeEn3'.^df :ata ,4p 1 i cati a 1 be granted and "mils ntract: T wase snail 5c uxd i s Kceated Zr ;re I1 i s tri rr /711/ ------ di- _• - Secretary ?1ts atr3C'!eaae rneluaes Asia t 5 saaa,3eCt io -ne terms onu ::alai t:cns .at :., Tai'.nrinu am -anent *n1CJ 7U -it accaptiinY this r. vac::Trtasr. law .Jvio'ta ..;c4 ion rji 'dint of oversaw tuS* lac .crnvwsiCY Nut Dots =ori `'iii+ cnt aietct1 .and ;icnec 4FSI rirvt %rATZ Lam`' Rd •: •1IKi7i1C 3y ( v 4 ?11 Ceti ,,yc�cro Ll 7 U L J3 y.7u rat aczt.iuid UtlLi [itt 41„i Alt Cf� (tv.+,1 _+..uu: WELL CONSTRUCTION AND TEST REPORT # STATE QF COLORADO, OFFICE OF THE STATE ENGINEER t I IlkFELL PERMIT NUMBER - Narn e{ s ) • Marling Address City, St. Z.ic . Phone 208670 Native Springs Sk.4. °6 Zancar.eila & Asscc. POE 19Cr3 Glenwood Sprngs, Ca. 81602 (970) 945-5700 btu. I (7CATION A5 CR LLED: NW 114 NE 1/4 Sec. 11 Two,. 063 Range 933W DISTANCES FROM SEC. LINES. 8D0 ft. from North Sec. Tine. and 1600 P,. from East Sec. !ire. OR r4 -TN : r' $1, S 8DIVIS;ON STREET ADDRESS AT` WELL LOCATON GROUND SURFACE ELEVATION DRILLING ME T HOC Air Ro!,ary DATE COMPLETED 11101100 TOTAL DEPTH 73 ft. DEPTH COMPLETED LOT BLOCK FILING(UNIT) 73 GEOLOGIC LOG : Ospoi I Type al Mitten* (Sits. Color. and Type) 9.0 f 0 CGO-O6 Clays, Sams S. -+QBE 01AM. sirs1 FRCt.irrn 006-070 Gravels. Sanas 07.073 Wasatal Fonratrcn PLAN CASING co fin} Kind `A+211 Size From (RI k Ta {11 Ta /Z1 73 '-v see A 7.0 u., I PERF CASING Scree Sial Size 0 f Steel I .240 70 WATER LOCATED : 46 - 7 0 1r MARKS- i 8. rider Pacx Materia#: Size : Interval 3. Per Placement 4 Type Depth : 10. GROUTING. RECORD Watirlai Aare re ; o..+Kr cement 3 sks k 16 gal 10-24 Pleatarere poured 11. Dt,SINFECTION : Type : RTFE 12. WELL TEST DATA : (I Cheek Bcx If Test Data is Sutxn fitted On Supplemental Form. TESTING METHCO : Air Cornpressar Production Rate . 1 w gam' Static Level : 24 ft. Date/Time Measured : 11 /01/2000 • Pumping Level : Total fL Date[Tfrne Measured . 1110112000 Test Length 2 hrs. Amt. Used z dz. Remi r„rr� s.�,..:• + , o� s Tel) ane. e.. e..a �..+.. 311.M"1". ter. l /s 6 ne stn are Mee aw er... roma'. am! eel Mart rs vus a my +morme a.. 13. eon Mal •eel &Awar.+ama „.....ae...r Phorse (970) 927-4182 NTRAC7C3R : Shelton Dnf! • Corp. .yr' 4111111111W Mine 1 Title (Please Type or Print) lahavrai Stte#tnn 1 President • Colorado Department of Public Health and Environment Compliance Monitoring & Data Management Unit REPORTING FORM FORPHA 11 V. IN0RGAN ANALYSES SAMPLER: FILL OUT ONE FORM • FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SE YES ( 1 or NO ( THESE RESULTS ARE TO BE USW TO FULFILL STATE SAMPLING REQUIREMENTS :::* PLEASE SEE INSTRUCTIONS ArVD Ex.AMPLES ON THE BACK OF THIS FQR.}I =**` Gar'' Y. e_!d PWS10: COUNTY: DATE COLLECTED: SYSTEM/ESTABLISHMENT NAME: SYSTEM ADDRESS: - 100 all Nr,tzv= Springs Suttiv_._or: St,..l .eern..AO 3oc CITY S'h: E : A CONTACT PERSON:'' `' - PHONE: 1 - . I - _ . SAMPLE COLLECTED 8Y: - .-. - - - TIME COLL ECTED: c... amlpm WATER TYPE: RAW w• Cnlerx.. ,...,... J..ln..nel 4 1 or CHLORINATED( 1 or OTHER TREATMENT ( 1 SOUIRCE(S): LOCATIONS): - Address SAMPLE POINT(S): Well ##2 i 2,:urity Rd . 2-21 Wellhead liffi ACJ OF FORM) 00 SAMPLES NEED TO BE COMPOSITED BY LABORATORY ?• YES [ 1 or NO (y1 For +. horatory Ust Only Below This Lues LABORATORY SAMPLE .$ CLIENT NAME or 10At LAB PHONE 4` r =4Z-7 1' LABORATORY NA,M - ' '- DATE RECEIVED IN LABORATORY DATE E AINALYZED COMMENTS Me `h d "e4erenc.s are 1 ter rd PARAMETER see Methods, D AnnL1a 1 Eioak d4 AS -FM ANTIMONY ARSENIC BARIUM BERYLLIUM -- CADMIUM CHROMIUM CYANIDE FLUORIDE MERCURY NICKEL SELENIUM SODIUM THALLIUM {rngfll RESULT 0.000 0.000 - O. 000 0.0011 0.000 0.000 1.16 0,0000 0.000 402 0.000 ImgM MCL 0.006 0.05 2.0 0.004 0.005 0.1 0.2 4.0 0.002 •• 0.05 ;.002 a:1 EPA METHOD EPI 200. 'R SM7 1 14B EEPA'200. 9 EPA2O13.9 EPA200. 9 3114500E SM4500C EM.'1 1 B EPA20l:. . 5117111B GFS F^ -I200 . ? 30L . Irulle.f.. Ina/ Ira adeapwr,e wad allay/ god ' a., Nal w— aal.,.r ••y Lao MOL 4T - Mee 7arr.d ror CLoofrodgatand myL - M4aw.m.:•r lit.. MCL . Maxon -non C.34Mwna,'4� Lr.w +-IOL - Lrpr.co y .MAI n C.zrcz+en un*r " L • ectdr (mgll} Lab MOL o. f„it,) 1 o7777- ---0-.001- ..00i---0-.001- -- 0.0002 0.000 0.001 0. 00n 0. 01 0.00005, 0,00' 0. 1 :i. r,1:11 r. tZrlalyzed: 1/77/[31 12/1Z/00 12/27/00 .---12/22/00 12/20/00 12/21/00 11/11/00 11/9/00 11/3/00 1/Z/01 12/23/00 11/16/00 1/2/01 - Nor rn MCC. 'ACTIN!. L...M• - Mar r. MCL. "\I.m.rrg Ar,ur.n,.n, Onry` m . 'melding luny ANN a...n .rceried Grand Jct. Lab Reviewed & Approved by Title 4 01 Date MAIL RESULTS TO: Colorado D.D.,retoorI gl Public Heath and Environment. WQ CMOM.a2. ezoo : wry Cr..k or9w Sos+ttt. Denver. O0030246.1530 R.v..d 12199 - J:1WP.LA8FORMS INORQAH,FRM . • Colorado Department of Public Health and Environment Compliance Monitoring & Data Management Linit REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALYSES SAMPLER: PLEASE FILL OUT CNE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES ( j or NO [ X 1 THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS ^" INSTRUCTIONS/DEFINITIONS ON BACK OF FORM""" PWSID rt' _N/A COUNTY: Garfreld SYS T EM/ES-`.A LiSH+MEN T NAME. Native Serino Subdivision DATE COLLECTED 111 2 100 SYSTEM ADDRESS: C+'o ZanCan&±la & .asset.. 1005 Ccccer ,Ave. Street address/P.O. Sox CONTACT PERSON: ar d Peek SAMPLE COLLECTED BY: Jeremy Castle _Glenwood Sarinds. CO 81601 City State Zip PHONE: (970) 945-5700 T1 M E COLLECTED: 2:30 errzIpm WATER TYPE: (X j RAW (Na chtcnne ar other treatment) or CHLORINATED ( ] ar OTHER TREATMENT ( l SOURCE(S): LOCATION(S): - Address SAMPLE POINT(S): Neil rte Country Rd. 221 Wellhead (SEE BACK OF FORM) 00 SAMPLES NEED TO BE C0MPOSITED BY LABORATORY? YES [ j NO f X 1 Far Lacoratcr/ Use Only Below This Line - LABORATORY SAMPLE :ter Inc J Laboratories LABORATORY NAME LAB PHONE i 1 / _11 see below DATE RECEIVED IN LABORATORY I I DATE ANALYZED / Method from "Annual Book o4 ASTM Standards." CLIENT NAME or ID 970 22-2-7613 COMMENTS (mglL) PARAMETER RESULT NITRATEINITRITE-N ' 58 10.0 (mg/LI) MCZ NITRATE -N NITRITE -N ? . ()I 1.0 _.7 10.0 EPA - (mg/L1)- - METHOD LAB MDL D.;86790B 0.01. D7,2657902 0.01 BOL = Indicates that the compound was analyzed for, but was below the Lab M17G. NT = Not Tested for compound. mgJL = Milligrams per Liter MCL = Maximum Contaminant Level Lab MDL = Laboratory Method Detection Limit H = Holding Time has been exceeded Reviewed & Approved by MAIL RESULTS TO: Colorado pepariment of Public i-#eafth and Environment. WQCD-C164044-82.4300 Cheesy Creek Cave South. Denver, CO 80246-1530 Director, Grand Jct_. Lab Title -- - Date - --- Anal yz ed : 11/8/00 II/S/00 11/3/00 12/ 20/ 00 Date Ca•r* ammIrms liffs* SAMPLE INFORMATION: 0 cw.out.uNrre --"1440N-CCMPAUttrre PRIVATE I 1 I IZCL1AE W C UFOR TNN. MONTH CF PWS 10 C FC LIM RE REAT • PUFI MSc FINISHED • • --ASCPArCRY 7,AC:.47CN SEAVICES 3100 L.CvalrY 3CLLVAIR0 ;'..E.^IvER. 3C7 -1C-929. US MAIL ?090X 17122 OENvEA. 30ZT 7 WATER BACTERIOLOGY Noy 3 _Gil 0 0, 1 292 4„.; NAME aF SYSTEM 'AGt CHLD R IN e pigSou/.. J -C CP 65S COUNTY ORDERED BY: ;spAPLIsmAy NOT 3E 7.3517.D F..341-1.:NFDFIMATION 9S NOT PROVO OM 77,f: .,==E STAmP f L L.48 t (01197) PI.CNE •771-...c—"g3-• :tura • ---- , L CATE TIME hu77 3Y I/ COLLMTM 7•FC.-SVO, *COS 'US - /- • •,r) / • TE.7.7 C0ED g-67"0 BAC:. 0 OTHE RESULTS: sveRse =CFI VFI'LANArICN TTM. coumni U PRESENT ASSENT -3Q.C3.431 Ea 4.NALysT C....;:Sm/ICCML ,°=dt ;r i No GWS -25 1 ri41_:Cs�,_ OFFICE OF THSTATE ENGINEER COLORADO D�ION OF WATER RESOUNDS 818 Cantenrnai 3icg.. 1.7.:3 a'i rumen St.. Denver. Colorado 30203 ("03)366-35a1 PAUL 3 !1i41 E LL'GINELrwL ?'C 3C.X (S70) E2.7-4535 ,ERMITTO CONSTRUCT AWELL ISSUANCE CF MIS PER(IAST DOES NOT CONFER .A WATER RIGii 1 CONDITIONS OF APPROVAL This well snail be used :n such a •.vay as :a cause no material injurrr :o existing water rights. The issuance of this permit oc es not assure the acclicent ".`'at 't:'rlurz'mil Occuranother vested water ngnt or arecuce another owner of a vested water -runt rcrt see:k:rg relief ,. _ rill court ac:ran. ") The .dns'truc::Cn or 7.1s well wail :wr`ailance. with .ne 'Nazar Weil ..or str_4::C„1 ..,.e5 :C 1C_ unless 3Cprava :;f a variance rias Seen ;ran,:eC ay 7.e State acerb �r Examiners of 'Nater `Nell onsir czcr arc Puma lnstallatian ;n acdr, _~r,ce .Sit^ ,.: e '?. r ccrcvet A. oaroved pursuant :c CRS .:7.-40-!27'2] '2i '4r:' e .:Cis:, c:'Cn or a well. 3Cs^.rccnat:r'g gr vt.:'C water wt'tary :a :"e Cataract,. River. as an alternate tont of ztversicn to :he Avalanche Canal arc ., icncn, rt ne ' ar.cition -at :Me well snail ae oceratec Only wren file West Civics `Nater C,;nservarccr CistfC"s substitute 'water Supply Marl. 3cCrevec 7y a e Slate Engineer.:s in effect. and wnen a water allarrtent vnt ac: etween :he well owner and the West Divtce Water Conservancy C1stnct far the release at replacement water',cr^ 7t:eol Reservoir :s in effect. Jr ':nCer an acpraved pan "cr augmentation. 'NC'NCO contract. +occso55P.L:aa). 4) The usa of ground water from. this '.veli •S •irritec io arcinari ^CuSenalc ourocses .nsioe 'No su'gle farniiy dwellings. the irr gation of not more than 500 scuare eat of home gardens and lawns. and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract. or a plan for augmentation is in affect. 5) The maximum pumping rate of 'ills ,veil snail not exceed 15 GPM. 6) The average annuat amaunttzl`gmundwater !crbe-appropriated -shall-not-exceed 0.85 ac. oat -(277,000 gallons). ------ 7) The owner snail nark the well in a cnsaicuous place with well permit numaer(s), name or the aquifer. and court case numcer(s) as appropriate. The owner snarl take necessary means and precautions to preserve these markings. 8) This well snail be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter -lust be installed an this well and maintained in good 'marking order. .Permanent records of ail diversions must be mairtainec wy :.-.e 'Neil owner (recorded at least :annually) and suamittec :a the Civisian Engineer upon request. 41. t.grrarct, U)C 054315 WELL PERMIT NUMBER DIV. 5 'ND 5 'DES.. 3ASN ,tiiC J lucent. ;Miro: Sucovr NAVE SPRINGS GARF1Ei_D CC UNC' NW 114 NE 114 Section 1 T.2wnsr:c 5 S Barre N Six:" F.M. rilS7:*ICES =PCM SEC-7.CN '_1NC3 1050 turn Ncrn 2050 Ft. rrcrn East Sec:tan Line S,~c:icn Line APPROVED KJW ,,Recetct ,Ncra466045A State c; neer OV 1 5 2TJGt 3YF_,YPIRA�rCNtfA E Ni 16 -A 1 DATE ISSUED : 'cr-r1 No. GWS -25 r OFFICE OF THE STATE ENGINEER COLORADO DifikSION OF WATER RESOUR.FS 318 Centennial Biog., taiviiiErrnan Si. Denver. Cotcraco 30203 (303) 666-33a1 PAUL 3 & E LUGINEUHL P : ECX 950 DC 5'521- (970) 52 - (9 0) a27 -4585 r 'ERMIIT TO CONSTRUCT A WELL LIC WELL. P_RMIT NUMBER 054.91` .P L ON. 5 IVC DES. EAS1N MC L,t: _ 3tcc"t_ iirg: SL;Cc:v.. NA SVG SPRINGS AP:—FCVcD 'r`/F; i '_uCA7CN GARF;ELD CCUN Y NW 114 INE 114 Section 11 T ownsric •3 3 Range 93 `rV! six:`; P'..M. CIS"aNCES =PCM SE yJCN LINES 800 Ft. !corn North 1790 Pt. from East Section Line Section Line ISSUANCE 3F Tzt1S PERMIT DOES NOT CONFER A WATER RIGHT ? 1) • -r -r s) CONOITTCNS OF APPROVAL This well snail be used in sucn a way as to cause no materal injury to existing water rights. The issuance of this permit does nor assure t;.;e acolicant:rat no injury will occur :o another vested water ngnt or preclude another owner of a vested .vater ngrit from seexing relief :n a ctvii cur action, The .,. nstr.:ction 4f t: its 'we.!l snail ve In ,:ornciiance ',vi(; :re ':Vat3r .Veil s:r. c: cn ..ut .s 2 CCP LC^.- . .mess accrc`/al or a variance has been ';Tante' by he State .'card of Examiners rt Water 'Neil Construction and Pump Installation C. r trac:ors in accordance :vitt ...,:e ' 3. rd ec a 4-37-3•C-3.71:2) r .. or lop r .nater tbutar! :o `e ;lcr eco .iQp �� L'fSL'ant :0 „r 'C ., a ..... S'..'✓C,. i..;i a we!i. .,r.^,o^at,ng ground a River, as an alternate ocirt Pt diversion to ire Avaiancne Ca.nat anc Jicr:an. :in :lie conci rcn :.,at Ile'weti snail be operated only wnen the West Civtde Nate( Conservancy Districts sucstitute 'water supply plan, approved by :she Stare Engineer, is in effect. and when a water 311ct, ent contract between the well owner and the West Oivide Water Conservancy Cistnct far the release of reciacernent water Dorn Rued Resericir is in effect. or . ricer ail acoraved avian for augmentation. 'NCWCO contract 740CC9.06PJL;a). The use at ground water from this •.veil is. limited to ordinary hausencld purposes inside two single family cweilings. the irrigation of net more than WtOO scuare feet of home gardens and lawns. and the watenng of domestic animals. Ail use of this well will be curtailed unless ;tie water allotment contract or a plan far augmentation is in effect. ) The maximum pumping rate of this welt shall not exceed 15 GPM. 8) The average annual-amounratgrsaund-wateruharavprragriated strati nat-exceed0.85 acre-foot (277.000 gainers)-- - 71 The owner shall mark the well in a cnsgicuous place with well permit nurnder(s). name of the aquifer. and court case number(s) as appropriate. The owner snail take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more titan 200 feet From the location specified an this permit. 9) A totalizing flaw meter must be installed on this well and maintained rn good working order. Permanent records of all diversions must be maintained by the well owner (recorded at ".east annually) and submitted tri the Division Engineer upon request. KA) I(/1/6/( APPROVED KJW • State = .gineer Receipt No. 04660453 DATE ISSUED CCU 3y fPt'RA T ION OAT= rcr-r r No. GWS -25 i, OFFICE OF THE STATE ENGINEER COLORADO DIION OF WATER RESOUROS 313 Centennial Slog.. 1:113 31Wrran SL. (Denver, Coiaraca 30203 003) 366-3Sc11 LIC WELL PERMIT ,NUMBER C 54 D20 CO/. 5 rV -. CES. 3.- SSiN .F 1 Sicc:c: Sc::civ- N,a'NE ]PP?'.,NGS .APPcCVFD '_SCA 'CaN G :-',PFFiELD COUNT( PAUL 3 u JIM F LUGINEL;=L 1NW ' NE Sec::cn P eC:C ,50 . vC �.� .,ti• {970) 2r' -45a5 f°ERMIT TO CONSTRUCT A WELL 1) 4) I 5) _i,`.vr'sr:.. 5 7 `[arse _,. 'N Saxth P.M. 2I5ANCFS FRC'+rl SE 'C�f INES 540 Ft. torn Norm Sec:icn Line 2050 Ft. from East Sec:icn Lane ISSUANCE OF THIS :PERMIT COES NOT CONFER A WATER ER RICH T CONDITIONS OF APPROVAL This well snail be used in sLC .. a way 3s :c Cause no materai injury to existing water rights. The issuance of this permit rc9s '?Ct assure :he acclicant:hat "o slum :will ccot:r:o another vested water ^ant or preclude anctrer owner of a vested water r gg,nt :torn seeking relies' :n a ::vii :our Scion. The construct:cn :71S wed snail C8 ...pilaf C3 Nltn the Water Nell C.,p:.sir:c.....,, . , :eS _ :fess ccroval of a 'ranance has teen ',ranter ine State ✓caro of Examiner Ci ':later 'Ne,i1Constrtiction and Puma lnSta!fattCn Contractors :n accor7:2rc.a '.vrt ? `° AcCroVeG pursuant to 37-.;;C-'37....2; for :r.e construction i,'r a Neil. accrcdr.aung 7i 'C water irtu:3t7 :o .`e diorCo River, as an alternate point of diversion :; :,-e .Avaianche Canal arc Sicrcn, cn t e Concit:Cr :naz wet! snail ce operated ante when the West a0ivsde Water Conservancy c tisir!C'.'s Substitute water supply Ilan. accroved :Yue State Eng:neer, is in effect. and when a water allotment p.ntrac: oea.ween the well owner and the 'Nest Divide 'Nater Conserrancy Cismot far the release of replacement '.waterrcm Ru eci:Reservoir:s .n effect. cr ..scar an aeorived plan to augmentation. '1VCWCO :vntrac:0C9C6F.:L;ai. The use of ground water tom ; tts '.ve!i iS :ir-itec to Crcinary nauserctd purccses :^sloe :.vo smote terrain dwellings. the irrigation of tot more than 500 square feet of Rome gardens and `awns. and the watering of domestic animals All use ar this ..well will be curtailed unless tete water allotment contract or a pian for augmentation is in effect. The maximum pumping rate of this weil shall not exceed 15 GPM. Sy "" The average annual amount of ground water to be- appropnatea shall riot exceed 0.85 ac -e -(27" Z 00acallons).. -- — 7) 8) The owner shall mark the well in a conscicuous place with well oermit numoerls). name of the aquifer. and court case numoer(s) as appropnate. The owner snail take necessary means and precautions to preserve these markings. This well shall be constructed not more than 200 feet from the location specified on this permit. A totalizing how meter roust be installed on this well and maintained in good ,working order. Permanent records of all diversions must be maintained by I.e wet) owner (recorded at east annually) anc suomitteC :o :"e Zivision Engineer uaon request. ,s li APPROVED Iti /1 1 KM State c eer LJ eceiot .No,, 04-66045C6045C DATEISSUED N 0 V1 6 20130ayU EXP?RAT ICN DATE !1 t! { 7 :r'^ No. u 4VS-25 OFFICE OF THE STATE COLORADO DIFON OF WATER RESOURCES a t d Centennial slog.. 1313 St.. Cenver. Cotaradc 30203 (243) 366-331 P,aUL 5 4 JIM LL 'JGINBUhL P :C ECX 50 BAS.0 3'62 (g 0) 927-4585 !"ERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER Civ 5 ivQ 45 DES. BASJN !i!!:. 054E21 C. 4. 3lacx: r-rrirtg: SSucc,v: NAT 1Vc SPRINGS' r-4l�wCO1/C 4.aVE . I_d'iCA-7CrM GARFiELC CCUN T f NW NE 1/4 Sec:;an i T ownsnta S Rance 3'Al Six';''P., M. DIS-"�rNCES -RCM SECT;CtN'..:1NES 250 Ft. ircm Norm ?CSC Ft. rom Fast Sec::cn Late Section L:re ISSUANCE OF T-iIS PERMIT ICES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This .yell snail be used m such a way as to cause no material injur/ to existing water ngnts. Tine issuance of this permit does not assure the acoiicant that no inlurr Nail occur to another vested water ngnt or preclude another owner of a vested water eget :rom seexing relief i„ a ;.:v i ccur. ac::on. -e :,ors:r..c::Cn :t'.Is'•ve!l sr'4ll :e'.... .iG'Ca :Nith .r:e `Nater 'Nell C.:ns r.ction , .:es 2 :CR 3ccrcval of a variance nas 7,een granted :y :`e State Saar: of Examiners of Water Well C ansttn:cuan and Perna installation Contractors it ac::rCar.oe with Rule .-;CcrdveC :ursuarlt ... CR 0- 2'. 'rr re consznxtion of a well. 3carocr.2:trg water '..c..lar J the Colorado River. as an alternate :int ;f :ivera:cn :c :':e Avalanche Canal and Sicnan. :n . 2 ^Ci 'a ;`at "a Reit Snail to operated onty wnen the ,Nest Divide' Nater Cznser Iarcy 'Distnc:'s substitute 'water suc iv :can, approved ':y :he State Engineer. is in affect. and 'Niven a water allotment contract oetween the well owner and the West'Oivide "Nater Conservancy rOistrc: far the release of replacement water 'cr^ ,:7:::eci Reservoir .s in effect. or ;ander an acproved plan or augmentation. 'NCWC� contract 00906P.:E_(a). The use of gravid 'Neter ;ram :pts welts ;ir.IteC :a ordinary housercld purposes ,nsice Svt] 3;ngte amtiv v,velkngs.:ne irrigation of not more than 500 square Feet of home gardens and lawns. and the watenng of domestic anlmais. All use of this well will be ci rtaged unless ice water allotment contract or a than for augmentation Is tri erfec:. 5) 'The maximum pumping rate of this well shat) not exceed 15 GPM. 3)- -The-average-annual amcuntof ground water to be approprtatedsna LnoLexceed_0.a5 ac e-fant_(2'7.000 7) The owner snail mark the well in a conspicuous place with well permit numoer(s), name of the aquifer, and court case number(s) as appropnate. The owner snail take necessary means and precautions to preserve these markings. 3) This well shall be constructed not more than 200 feet from the location specified an this permit. 9) A totalizing now meter must be installed an this well and maintained in good worxing order. Permanent records of all diversions must ae maintained dy he weal owner (recorded at least annually) and submitted to Me Division Engineer Upon request., t /,� -APPROVED KJ W State=.ngneer i?ecAiot No. 04660 450 rr' NOV 16 ZCOL� 3y ' N V `s 16 2091 DATE ISSUEDEXPIRA EXPIRATION DATE J i' Form Na. 1 GY/5-25 f • pC��1� OFFICE OF THE STATE ENUINcr-c COLORADO *SION OF WATER RESOD ES 3t$ Carnenniat 314c.. I::nrlan SL. Cenwer. C:.tcraca 30203 (303) 356-350t LJC WELL PERMIT NUMBER C54322 - F DIV 3 'QVC -5 CE3. 3ASi:N1 !SIC l..c t: 5 3lce.'c: := iinY: $ucciv: NA; ;VE SPRSNG3 Ap= C'/ GH' fCiS� rIE_D CC,LN i '^( PAUL 3 & JIM E LUGiNBL"-L SW 1i4 SC i Section 2 P C BOX 950 7ownsric 5 5 Parse 93 W Sixth P.41. 3ASAL7. C:1 31621- (970) 927-=5a5 PERMIT TO CONSTRUCT A WELL f 3i3'=lNCE3:PCM `w'C 'Ciel 4E 225 Ft. Gr Cryr Scum Section Line 17.00 F. •I LII. East Section L.ne ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER rt!G- T CoNCITIONS OF APPROVAL 1) This weft snail be used in such a .nay as to cause no rnatenal inlay to existing water igets. The issuance or his perrnit does not assure ',rte applicant that "d inlur/ will occur to another vested water right or rec:uce another owner of a vested nater •;gni from saexing relief :n a c'iii curt action. 2) 7 he C: nSu �:C Cn of ;.hts wed 3r 3iI ;e :n :: mctianCe wan the 'Water `Ne,l C.;nstrud2ctIles 2 CCP, 402-7. rites act:ro/al of a variance nas Peen granter: a'+ :':e State .oars of Examiners f Water Weil Cznstr.:c::cn anc ? ma installation CCntrac:Crs in accomance wttn ..R :le '3. 3) AocraveC o'.:rsuant :o CRS ;or :ne construction Vr a well. accrcyrat:n; 'Nazar :.nvutai / .,.:he C:.loracc River, as an 3ltemate roint yr ::versiart ;c the Avalanche 3nca S iaiten. on :me o..nciticn :.riot :ne',vet# snail Ce acerates only '.men :he ''Nest Civide'Neter C.:nserlancJ tCistne3 substitute water sum:* ;San. as rccvec by ;he State Engineer. as in erect. anc wnen a '.eater allotment contract ;erween :he well owner and the West C"ivice 'Neter Conservancy Oistnct tor the release of :-eclacament water .'-^ Rueci 3eser,oir is in erect. cr uncar an approved clan for augmentation. WCWCC contract CCC905P.L(a). t `e use of grcunc water'Icrrt ;r"is well :3 :irnitea :o arcinar'/ nCuSenald Cur ases nsice ,ic smdie 'amity dwellings. :he ,negation of not mare than 500 se:mare reef cr home garcens and lawns. and the watering cf d.amest;c animals. All use of this .veli will be curtailed unless trie'.vater allotment contract or a Alan for augmentation is in effect. 5) The maximum pumping rate of tis weal snail not exceed 15 GPM. 5) T ria average annual amount at ground water to be appropnated snail not exceed 0.35 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of tate acuifer. and court case numbers) as appropriate. The owner shall take necessar/ means and precautions to preserve these markings. 8) This wed shall be constructed -not more than 200 feet `ram the location specified. an this permit. 9) A totalizing flow meter must be installed on this well and maintained in goad working order. Permanent records of all diversions riust re maintained by the well owner (recorded at east annually) and sucmltted to isle division Engineer upon recuest. 111/1%i APPROVED K,1W 1 r" l 11p 11 r r. Sate 9agneer • Receiot No. 0466045E °ATE ISSUED NOV 16 2G00 9y .J l �s i (PIRA } 1CN DATE 1 I '^,r,"" oNc. GWS -25 r r OFFICE OF THE STATE ENGINEER COLORADO D SEON OF WATER RESOuRIFS 818 Cantenntal 31cg., tat 3 .,erman St.. Denver. Coicrado 30203 (303) 866-3581 ?.AUL 3 , JIM LIJCIINEL;-L P ;acX5 (970) 927-4585 555 .IERMIT TO CONSTRUCT A WELL ISSUANCE CF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in sur.^ a way as to cause no material injur/ :0 existing water rights. The issuance of this permit Foes not assure :he acct!cant :hat -c irtiuri mil occur :0 another vested water . ggnt or crec;ude another owner of a vested .Vater � dgnt 'rcrt seex!ng 'eller ;n a dtvit court. action. The canstruct:o of :his -.vell snail be n with :he Neter 'Neil .'..:ns'.. ,c c n 'u:es 2 CC.P, 402-2. Winless acorcval of a variance nes teen granted cv r e Slate SCara Cr Examiners of Water "Neil Const uc::cn and Pump installation _„r,rac:crs in accordance ,/arr. :8. .AccroveC ursuant to CRS "ur:.`.e construc:lcn of a '.ve:l, acCrcci.at.r:g ;taunt`. water::"Cl:tarY ;.^.:he L,cicr3d, River, as an alternate point of diversion :a Me Avalancre Canal and S cnan. do :ire ccncitien :mat :,fie veil snail be cperatec aniy 'when tale 'West Divide Water Ccnser.fancy'District's substitute 'water suooly clan, accrevec cy the State Engineer. i5 in effect. and when a water ailct„ent contract between the well owner and the West C.Iviae 'Nater Conservancy C stnc: for the release of replacement water tor-tt;ecl Seservotr is in effec:. or under an aocrcveo cian cr augmentation. 'NCWCv contract CC9a6P.1L(a). The use of ground water trcrh is limiter :o orcinarr household purccses :nsiee a.vo single amiiy dwellings. the irrgation of not :mare than 500 scuare feet of home gardens and lawns. and he watering of domestic animals. All use of this well will be curtailed unless the 'aster allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shalt not exceed 15 GPM. 6) The average annual amounrarground-waters rttie-appropriated shalMot exceed -0.65 -acre -'oat (277,000 gallons). 7) The owner shall mark the well in a cansoacuous Glace with well perrr1at numbers), ;lame of the aquifer. and court case I number(s) as appropriate. The owner shall take necessary means and precautions to preserve these marxings. This well shall be constructed not more than 200 feet from the location specified an this permit A tatatizing Mow meter must be installed on this well and maintained in good Homing order. Permanent records of all diversions must be maintained by Me well owner (recorded at least annually) and sucr'ItteC :a the Division !ngtneer ucon LIC C549Z3 WELL PERMITNUMBER 'N+.., --.. CES. -3.,�N MD F _ye 3 3Icct:=Xirtr,: Bust: NATIVE SPRINGS PCRC\,EC WELL LCC=�'CN GA RFiEL:: COUNTY SW `I-' SE 1/4 Section 2 7 cwnsh!c 5 S ,Barg R 01ST :,LACES ;RCM SECTION LINES 225 Ft. erarn. Scut17 1950 Ft. ;ram East Sec:icn Line Section Line 4.) S) 9) request. „IVWo../7/4 (APPROVED 11‹..1W r Receiat No (142M1145P State rnrsneer /47. • DATE ISSUES] NOVfi NCO .XPIRA CN CATE t..: 3:1. : s 'arm No. PCI_'C .iN OFFIC�E^OFTHE STATE ENGINEER CO LiO RA1DO QWS1ON an St_�OFrWATERCoicracc�RE SO U318 Cart. 1313 (U3)3s6-3581 PALL 3 .& JIM E LUCINELHL 7 r. ECX 950 ,A.S-L.'. CC 31621- (97O 927-1-535 PERMIT TO CONSTRUCT A WELL ISSUANCE OF Tr'ii5 PERMIT DOES NOT CONFER A WATER RIG'riT CONDITIONS OF APPROVAL This '.veil snail 'ce used in such a way as to cause no rnatenal inluny to existing water ngnts. The issuance at this permit does not assure the acpiicant that no injury 'will occur to another ves:ec water ngnt or 2recuce ar.ather owner de vested voter gni ;rc seexing reiiet:n a c:vid court acacn. noft 'e n .:crrC s .wit :he Water 'Neil C nstr. Y' CC• • �.C2 2 .:mess accrcval i ^e Jnr r�sl ^+'+:.�il• :hla ..veil snail r Il n4 Examiners )) �/n 'Neil Rules .. �4rnrn�n �•c �a •-t n or a varance rias Veen grants:.~:he ®®State Scare of 'ar Water Neil Oanstruc::on arc Durno :nszattattah C.ortrac ors 'n aCCCrcance wit ..R ie 18. ..ccrcve ::ursuant to CRS 37-30-,371,2) or :he .cnsstr'.:c:ion of a well. accrccnating ,-rci:nc water :..c'utary :a : ie Colorado River. 3s ac alternate ppoint of :tversien to :re, valancne Canal arc Sicnon, on tile condition :':at r e well snail Oe °ceratea only 'Nnen the West l;ivice 'Nater C..nserrancy Drstrlc"3 ssucs.ItLte water succty .^.Can. 3acrcvec `y :he Stateigtneer, is in errec:. and wren a water allotment contract between the well owner and the West :weds'Nater Conservancy CistrTct for :he retease of replacement water tr..m Rued Fesenrair is in effect. or :ander an accravec :ran ;cr augmentation. INOWCO contract 'C09C6PJL(a). S] 1 he use of ground water from :his .ve'.i is ,imited to Pro:ran/ `ausenc tC ourooses nsice .'.vc single arr1iy swellings. tile irrigation of not more than 3C0 square reef of tiome garcens and lawns, and the watering ,f :cmesbc animals. X111 use of this well will Ce curtailed unless ;1`le water allotment contract' or a plan for augmentation Is in affect. The maximum pumping rate of this well shall not exceed 15 GPM. Tile average annual amount of ground water ta be appropriated shall not exceed 0.85 acre -fact (277r .000 gallons). The owner snail mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case numbers) as appropriate. The owner shall take necessary means and precautions to ,:reserve these markings. This well shall be constructed net more than 200 feet from the location specified on this permit. A totalizing flow meter must be installed an bids well and maintained in good working order. Permanent records of ail Civerstons must be maintained 'Py the well owner ((recorded at least annually) an suor ICed :c :he Clvrston Engineer uCOn request. ff4 LC WELL PERMIT NUM6ER 054324 r I:iv. 5 `ND =5 CES. 3:151N SWC ..:,t: 7 31ccx: Succiv: NAIVE SPRINGS APPRC"EC GARFIELD COUNTY' SW i� Sc 1!� Sec:icn 2 1 ownshic 3 5 Rae 93 W Sixth P.M. DISTANCES ANCES 7 -;CM SEO7CN 2.25 FL ;f; orri Sown Sec:icn Line 2250 Pr. frern East Section Lane r--3) L 5) 6)- 7) 8) 1 9) L ... i f r • 14ACl//77/144 702/k State sgsn{'r EXPIRAT'ICVDATE ' ..nnta JReceior No. 0466045G DATE ISSUED NGV 1S a r1 APPROVED rJ 1KJWr • OFFICE 0I- THE 51A1 t tltilul[��crt COLORADO • Di Si(N OF WATER RESOURCES 818 Cantertnral 3leg„ /3/3 an SL. Gersvet, CalcraC❑ 9Q203 (3C3) 866-3581 PAUL 3 & JIM E Lt,:GINEL'i :L ? C 3CX 950 R,ASAL7. CC 3162.".- (970) 163.'- (970) 927—L585 °'ERMIT TO CONSTRUCT A WELL ISSUANCE' OF THIS PERMIT DOS NOT CONFER A WATER RIGHT CONDITIONS CF APPROVAL 1) This well shall `;e use° in sucn a way as to cause ria material inlurf to exisung water rights. The issuance of this permit aces not assure the applicant that ria iniury wt I occur :a another vested water gift or prec:ude ancttzer owner of a vested water ngnt tram seeking . eller :n a civil court ac: on. ^.e const ruct:cn or this well snail ce'n comciience with .lie Water .:dell C;,nstr..cticcn Rules 2 CCR -02-2. unless acorcvai of a "iananCe has oeen granted tv the State oar or Examiners of 'Mater ` e.it Construc:tan and Pump installation Contractors 'n acoordar.ce `NIL'` Ruie 13. Accro'ea 'pursuant :a CRS 37-3C-:27(2) for :r a construction ,f a weir. acorccrtating ground 'nater :,nbutery to the C.;lcraca River, es s.i alternate :Cin of :.vers:cn :c trie Avalanche and Sicncn, on :t e CRCItian that :1 a well snail be °aerated drily ""vnen he `Vest Divide `Nater CznseraanYl District's suost1tUte water suo :ly ;°tan. accrcvec :v the State Engineer. is in effect. and when a water allotment . zncuact. rerween the well owner an the 'Nest Divide Water Conservancy District for the release of replacement water ern R eCi Reservoir is In effect. or under an acprovec elan for augmentation. 'WDWCO Contract . CC906P.IL(a). ;) The use or ground .,vater'rcm :nts 'Nei ;s :imitec :c ordinary nousericid :pur,:cses :nsice 70,1c sirg:e family , weiiings. the irrigation of stat more than 500 st:uare feet of home gardens and lawns. and :he watering of ccr iesdc animals. All use of this well will be curtaiieo unless :,he water allotment contract or a plan for augmentation ;s In effect. 5) The maximum gun•ping nate of this well snail not exceed 15 GPM. Q) The average annual amount of ground water to be appropriated snail not exceed 0.55 acre -.foot (277 000. gallons). 7) The owner snail mark the well in a conspicuous glace with well permit number(s), name of he aquifer, and court case number(s) as appropnate. The owner snail take necessary means and precautions to preserve these markings. 3) This well shall be constructed not more than 200 feet from the lavation specified on osis permit. 9) A totalizing clow meter must ce installed on this "sell and maintained in good working order. Permanent records of all diversions r"tUSt be maintained by :he well owner (recorded at least annually) and submitted to the ::ivisian Engineer upon UC WELL PERMIT NUMBER 054325 - F DIV. WO 45 DES. EASiN MC _tet: 3lccx: Succw: ,vAnrE SPRINGS 'N=, '_CCA CN G ;rRFIEL`1 COUNTY NW 1/4 NE 1/4 Sec:;an 11 Township a S Rance 93'N Sixth P.M. QLS T ANC:33RCNl S3J T :CN + TINES 250 FL from eNart 2275 Ft from Fast Sec:ion Line Section Line l_2) L request. ttivto Kew..1 7\•% State Y n ��-- `Receiot No 0�6a�Q H DATE ISSUED N11 1 5 .UUfl E.CP!RAT'.0 DA i� U 1 :arm No. GWS -25 f r +PPL CAN OFFICE OF THE STATE ENGINEER GOLORADOONOFWAT80203ESOURI1S nI1313 cr, (30 ) 366-1581 PAUL B &,;IME LUGINEL'HL ? . BOX 950 IIASAL7.:^ 3' (970) 927—L585 .^_'ERMIT TO CONSTRUCT A WELL r 1) 2) L LiC WELL PERMIT ,NUMBER 054926 • F DIV. 5 'NC -15 CES. E.aSiN MO _at: 3 alccs: T ng: 5ucciv: NA i tV! sPRINGs A•PygC\/E„y i'V LI-.. JCA :'CIV G. RFJELU C.:OLtN ' NW 1iL NE 1/4 Sec:zcn 11 owns + 1p 5 S R, rge ..'N Sixth P.M. DISTANCES ,-RCM SECTION LINES 500 Ft. from Iver^ Section Line 2275 Ft. from East Sec:icn Lure ISSUANCE QF THIS PERMIT DOES NOT CONFER A WATER RIGHT. CONDITIONS OF APPROVAL This well snail to used in succi a way as to cause no material injury to existing water tights. The issuance of this permit does rat assure the acclicant !hat .no inlury will occur to another 'vested water right or Preclude another owner of a vested water r;gnt'rom seeking relies in a or/1i court 3.ction. The cars:. cacn ;.)t .his ,veil snail . e :a co-rsciiance'vltn ie Nater 'Neil Canstruc:,cn P.Ltes _ CCP _;,2-3.:niess avcro val of a variance nas Cee!1 granted :v :he State ?pard of Examiners of 'Neter 'Neil Constracoon and "ter": installatcn Contractors ;n 3cccrdarce wits Buie !3. Aacrmvea ;ursuant :c CRS 37-9C-+37(2) fcr ;;.e sons:ruction of a ,veil. Yocrn-coating ground •Nazar :-o::tary to the Colcradc River, as an aitemate pant of diversion to :ne .=nvalancne Canal and Sicnan, on the c nciticr :not the well snail de operated only when the West CiviCe Water Conservancy D'istrict's suosutute 'Nater sLccly pian, acaroved ;v the State Engineer, is in effect. and when a water aiIctr-ent cantrac: Metween the well owner and the 'Nest Divide ,Nater Conservancy District for the release of reciacernent water torn ,`rued Reservoir is in effect, or under an approved ;Nan for augmentation. 'NDWCO contract : CCCGCEP. L;a). The use of ground water :`ram this well is limited to ordinary ilousenold curdcses inside Nvo sirg.e "arntiy dwellings, the irrigation or not more than 500 square feet of home gardens and lawns, and the watering of domesrc animals. Ail use of this well will de curtailed unless the water allctment contract or a plan for augmentation is in effect. The maximum pumping rate of this well snail not exceed 15 GPM. The average annual acnounrof-grmund-waterttrbe-approcnated- shalt-nct-exceed 0.85 -acre -foot -(27 .000 gallons):- — — - The owner shall mark the well in a conspicuous place with well permit numter(s), name of the acuifer. and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings. This well snail be consauc ed not more than 200 feet from the location specified on this permit A tctaiizing law meter must be installed on this well and maintained in good working order. Permanent records of all diversions must. lde macntalnea 6-y . e Nell owner (recorded at !east annually) and sucm:,`r ltted :a e Division Engineer upon request.U1t%IJI4l APPROVED KJW P LReceiot No. 04660451 State E. -crave JA ISSUED c 7 u ■ 4 -7/1/7447.:6417,-,_ evr 6 2 GQ E.XP!RAT1 EDATE :4 • I No. GWS -25 r 1 .3C71 -!CANT OFFICE.OF THE STATE ENGINEER COLORADO D ION FWATER�RESO U RCS 818 Cancenneat 91cg.. 1313 Carver. ` 3 (302)856-35a1 PAUL E JIM E t UGINELi-L P C ECX 950 3182-- (970) c2 (9 0) 927-4585 ERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBERd _ _ F CIV. 5 WC 45 DES. ?AS[N NID at: 'l7 9lccx: ling; Succor; .VA 'VF. SPRINGS `r �rtCTiEC'rlE�_ _OC..T'CN G, Ri iE_D COUNTY NW 114 NE 114 Sec:Ion 11 cwrsnic a S Range 9.3'N Sixth P.M. DISTANCES. -=CM SECT`+CN LINES 800 R. tom Ncrn Section Line 2275 Pt, from East Section Line fSSLJANCE CF THIS PERMIT 00ES NOT CONFER A WATER ER RICHIT CONDITIONS OF APPROVAL This well snail be used in such a way as to cause no matera! injur/ to existing .water rights. The issuance of this permit does not assure :he aCCliCant :hat r1 ir,Iur' will occur to another vested water ngnt ar prec:uCe another owner of a vested water +,ngrt from seeuing relief In a criti court .action. The c;,nstruc"On of: this well shall we .n :ordnance with the Nater `r°ieil C..,nst..c::cn 4C2-2.. -2. 'unless aapravai at a variance as ween granted :v the State Soard of examiners of Water `Nell C.:nst :ouch arc Runic Installation Cortrac:Drs :n acccrcanca with Rue ) Aaproved pursuant tc CRS 37-;C-:::.7(2) tar :he constructor, of a well. acpropnanng ground '.vater' .cutar/ :o :;.e.Colcrado River, as an alternate point or givers;cn to the Avalanche Canal and Sianan, on the concitton :hat :re .well snail Ce operated only when ;ie'Nest Divide Water CCnserlancy Distrc;•s substitute water supply plan. approved .''.y the State Engineer, is in effect. and when a water allotment ar. act Petween the well cwner and the West Divide \Nater Conservancy District for the release of reclacament water fr I Rueci Reservoir is in effect, ar under an acprcvec ',Ian (Cr augmentation. 'NCWC'D contract fl0906P.;L;al. The use of grcurc water from :his wed :s limited to crcinarsy nausenciC purposes inside two single arnily dwellings. the irrigation of not more than 500 sc::are teet cf home gardens and lawns. arc 'he watenng or cr'estsc animals. All use of this well will be curtailed unless the water allotment c.:ntrac: or a plan for augmentation is in effect_ 5) The rnaxirnurn pumping rate of this wed shall rot exceed 15 GPM. Sy The -average annual amount -of gmunci waterta Pe -appropriated shad not exceed 0.85 acs=act (277.000 gallons). - .. 7) The ie owner shall mark the weii in a conspicuous place with well permit numder(s), name of the aquifer, and court case numder(s) as appropriate. The owner snail take necessary means and precautions to preserve these markings. 3) This well snail- be constructed not more than ZOO feet from the location specified an this permit. j) A totalizing flow meter must de nstalled an this well and maintained in gcad working order. ?ermanent records of all aiversians must Pe maintatnec :v :-e well owner (recorded at ".east annually) and submitted :a the Civistcn Engineer upon request. yt4e/va APPROVED KJYY % r ..m. State ^gneer LReceiot No. 0456O45,1 CA, E ISSUED NOV 1 6 2 CO 1411- EXP'RATICN !]ATE %:_:::r..1* - r'crrfl No. GWS -25 .PPLICANT OFFICE OF THE STATE ENGINEER COLORADO D•ON OF WATER RESOUR IF 813 Canrennaal 9iCg.. 1313 SL. Cenver. Colorado 30203 (303) Seri -3!e1 PAUL 3 & JIM E. LUGINBUHL ? G BCX 950 BASALT. CO 81621- (970) 927--Lus -ERMIT TO CONSTRUCT A WELL 11) L,3) 4) 5) a') 7) LIC WELL PERMIT NUMBER 054325 F ON. 5 WC 45 DES. BASIN MC L vr. :I Stock: & ling: J SucCiv N,a IVE. SPRINGS AP©gOVA^'C WEL .'-CCATION GARMEL D COUNTY NW 1/4 NE 114 Sec.:ion 11 Tcwnsnip a" S Range 93 W Sixth P.M. DISTANCES 'PROM SECTION LINES 1050 Pt. from Norm Secton Line 2275 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injurf to existing water rignts. The issuance at this permit does not assure the acolicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a uvii count action. eLnst r, er cr :his well shall ce :n ..crctiarce with the Water `Nell CVn=U..c on Rutes . SCR .L02 2..inless approval of a variance has ;eon granted :;v me State 3card of Examiners of Water Well Construct:an and ;''',1(710 instaiiacan Contractors ;n acccrcanca with Rule 13. Approved pursuant to CRS 27-90-127(2) for :he construction cif a wei1. acorccnating ground water ri utari to the Colorado River, as an altemate point cf diversion to me Avalanche Canal arc Siphon, on the concidon :rat he weil snail be operated only when Che West Divide Water Conservancy District's Substitute water supply plan, aapmved Py he State Engineer, is in effect. and when a water ailochent .antract oetween the well owner and the West Divide Water Conservancy District for the release of replacement water from Rueci Reservoir is in effect. or uncer an ac roved plan for. augrnentatdcn. WCWC0 contract 00906PJL(a). The use of ground water from mis well =s Iirrteo to ordinary household purposes inside rrvo single family +cweilings. the imgatdon of not mare than 500 square feet of name gardens and [awns. and the watering of domestic animals. all use of this well will be curtailed unless the water allotment contract or a clan for augmentation is in effect. The maximum pumping rate of this well snail not exceed 15 GPM. The average annual amount cf ground water_ to. be approo iated-sifall not exceed 0.85 -acre-foot (2.77.000 gallons). The owner shall mark the well in a canspic.:cus place with well permit number(s), name of the aquifer, and court case nurnoer(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 3) This well shall be constructed not more than 200 feet from the location specified on this permit 9) A totalizing flow meter must be installed on this well and maintained in goad worxing order. Permanent records of all diversions must ce maintained by he weal owner (recorded at least annually) and suomuted to :he division Engineer upon request. 1 APPROVED 1<.1W r QReceiot No. 04E6045K state neer DATE [SSLJED NOV b LuUU EXPIR41 3y Ar� /i111 IS ;e> , 1 ENGINEERING REPORT • 1 WATER REPORT NATIVE SPRINGS SUBDIVISION The Native Springs 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. With the addition of an accessory dwelling the demand will increase approximately 300 gallons day based on 2.5 persons!ADI . The total demand for a lot with an ADU would be approximately 720 gallons/day. Individual lot owners will be responsible for well drilling, water treatment and maintenance. Please reference the enclosed Native Springs Subdivision Water Supply letter prepared by Zancanella and Associates, Inc. The option of a central water system was considered as an alternative, and determined to be too expensive to install and maintain. We are proposing in the protective covenants that each individual lot be required to install a fire protection sprinkler system. The sprinkler systems should provide suppression of a fire before emergency vehicles would arrive on the scene. Also. three E0.000 -gallon tire protection water storage tanks are to be located within the center of the proposed cul-de-sac. The tanks would be filled by the irrigation line during irrigation season. and by water hauled by truck during non - irrigation season or if the irrigation line is not useable. The 30.000 -gallon tire storage water could be utilized to help tight a structure or open space tire. Irrigation water shall be delivered via a buried pipe to all individual lots. The existing irrigation ditch that is located on the northwest corner of the property shall supply the proposed irrigation system. G . 3 _� d Os& �o4\rrti\‘' r • • ISDS PLAN f r r r L • • INDIVIDUAL SEPTIC DISSPOSAL SYSTEM PLAN NATIVE SPRINGS SUBDIVISION A letter was received from John Schenk of the Cottonwood Springs Mobile Home Park, located to the southwest of the proposed subdivision. This tetter indicated that current capacity of the sewage treatment system at Cottonwood Springs would not allow additional service from the proposed Native Springs Subdivision. The letter is attached for reference. The Native Springs 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 personsiresidence occupancy rate. For lots with an accessory dwelling unit the sewage generated would increase to 600 gallons/ day, based on 2.5 persons/ADU. Individual lot owners will be responsible for the installation of an ISDS designed by a registered professional engineer in the State of Colorado. Maintenance of each system will be the responsibility of the individual lot owner and as outlined in the protective covenants of the subdivision. Qc. ... ' • t /r1/ A • I1 i �'��"QFESS1r� r 1 r r c • OPERATION AND MAINTENANCE OF ISDS 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 of ownership or possessory rights in the property served by the system. B. Service Labe!: 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 uport completion of any maintenance 1,vork 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 Discharze is Permitted Which Lues not Comply With Rules and Realations: No sewage or effluent shall be perrnitted 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, shalt 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. e. i • SCHENK, KE1ST & deWINTER, LLP ?ARTNERSHIP OF PROFESSIONAL L CORPORATIONS A, rOR.' EYS .A.r it1,W ;OIC R. SCHENK DANEE RST %I:MLLi.NI !- Je« TER. til CAROL' `! I. STRa4'Ttil,AN Ronald' B. Liston Land Design Partnership 913 Cooper Avenue Glenwood Springs, CO 81601 30: EIGHTH STREET. SUITE 31E) GLENOOD SPRINGS. COLORADO 31641 TELEPHONE: (9'O1 94j-24-:7 T E LECO P IE R: I9"+)945—:767 April 17. 2001 Re: Native Springs Subdivision/Request for Wastewater Treatment Service Dear Mr. Liston: This letter responds to your letter dated March 25. 2001. inquiring on +:,otential wastewater treatment services for the Native Springs Subdivision located on County Road 221. The wastewater system used by Cottonwood Springs Mobile Home Park is now owned and owerated bvWaste Water Treatment Services, LLC. We represent and can speak for that entity. That wastewater treatment system is fully cornmitted to providing wastewater treatment services to the Cottonwood Springs Mobile Home Park, Rifle Service Park and Powerline Professional Park. The present plant capacity limits wil,1 not allow the inclusion of any additional users. Therefore, no wastewater treatment services are a*ailable for your client. If I can provide any further information, please contact me. JRS/cih cc: Tom Triplat (w/enc.) • • TRAFFIC REPORT • • ESTIMATED TRAFFIC GENERATION NATIVE SPRINGS SUBDIVISION Below are the calculations to determine the average daily traffic volume that can be expected to be generated at build out of the Roaring Fork Preserve: Number of Primary Residences: 11 Number of Accessory Dwelling Units (ADU): 1 f Number of Vehicles per Day generated by single-family detached residential per ITE Trip Generation Manual, 6th Edition: 9.57, Use 10 (11 Primary Residence + 11 ADU) x 10 trips/daylresidence = 220 ADT Based on the Capital Improvements Plan as adopted by the Board of County Commissioners the tiarive Springs Subdivision is located in an impact fee related area, Off- site Road Impact Study Area 4. • • DRAINAGE REPOR T C • DRAINAGE STUDY FOR THE NATIVE SPRINGS SUBDIVISIO - GAR.FIELD COUNTY, COLORADO HCL JOB NL MBER: 2000056.01 April 27. 2000 Prepared for: Jim and Paul Luginbuhl PO Box 950 Basalt, CO 81621 Design Engineer Rie bP ae r , u �?iau D, . e, ll,.ty ',Principal Engine& • • TABLE OF CONTENTS PAGE INTRODUCTION 1 OFF-SITE BASINS HYDROLOGY 1 DRAINAGE PLAN 1 SUMMARY 1 DRAWINGS: Vicinity Map 8-1/2" x 11" S.C.S. Map 8-1/2" x 11" Grading and Drainage Plan 11"x 17" APPENDIX: Calculations for existing and proposed conditions r r • INTRODUCTION The proposed Native Springs Subdivision is located in Garfield County. approximately two miles east of Rifle. The property is north of County Road 221 and south of County Road 210. Undeveloped and partially developed agricultural/ residential land surrounds the site. The proposed 6.96 -acre development consists of 1 I residential lots with I 1 accessory dwelling units. Please see the enclosed map for rhe site Location. MAJOR OFF-SITE BASNS The major drainage basin near this project with an established 100 -year floodplain is the Colorado River. which flows to the south of the site, south of Highway 6 : 24, The river is approximately one mile to the south of the site and 80` in elevation below the proposed development. The Colorado River's floodplain has not been established by FEMA. for this area. HYDROLOGY The hydrologic methods for this study are outlined in the Sail Conservation Service publication Procedures for Determining Peak Flows in Colorado (1980) and TR -55. Peak on-site flows in this area will be derived primarily from rainfall since the site is below 8000 feet in elevation. Therefore. the proposed drainage improvements should be adequate to handle on-site spring snowmelt runoff. DRAINAGE PLAN The storm water runoff from this site will be. in general. unconcentrated sheet flow on the proposed lots and runoff from the road, which will be captured by roadside swales. The 25 and 100 -year flows for the existing and proposed conditions are provided in the Appendix. Runoff from the Iots will in some cases flow to irrigation ditches as it has historically-. Detention will not be required on this site because of the small amount of development that will occur on site versus the Iarge open areas that will be Lett as pasture. The addition of lawns to each of the Iots will also offset any impact created by the construction of roots and driveways. Grading around proposed buildings should provide positive drainage away from the buildings. Please see the drainage and grading plan submitted with the Preliminary Plan application for additional information. There are two ditches that exist on the site. The Lower Cactus Valley Ditch is located just south of County Road 210 and passes through the northwesterly portion of the site. The Grand Valley River Ditch Company Ditch flows along the easterly and southerly boundary of the site and into a culvert that crosses County Road 221. These ditches will not be changed by the proposed development and easements will be established for each of the ditches. There also exists some lateral ditches that cross the site to irrigate the existing pasture. These ditches will be rerouted to provide irrigation to the proposed lots and maintain irrigation to the existing irrigated portion of the site. SUMMARY There will not be an increase in runoff due to the development for the Native Springs site. All the drainage improvements proposed for the subdivision are designed to mitigate the adverse impacts on the site and surrounding areas. r 1 r T.. • • APPENDIX • tj•f- • - • ' '••• or) 5 Et al et, • • - • .4•11- .--******1101---prdd.. .1% i • Y --+ r —1 / • c•—• • *e I Ni e•A a uNi'Y RD 223 NOME ,WW/PEI. on.ars z ; • • moo r 44 1 ;AL • • 61 6 7 ,0 • • -!,"‘",c • . , . 72 SOIL TYPES 30 HELOT, CLAY LOAM, (6-127. SLOPES, DEEP, WELL DRAINED, SLOW PERMEABILITY) 4O KIM. LOAM (3-6% SLOPES. DEEP, WELL DRAINED, MODERATE PERMEABLFrf) 67: TORRIORTHENTS, POCK OUTCROP CCMP FX (15-707. SLOPE. S1ALJ-OW TO MODERATELY DEEP) HIGH COUNTRY ENGINEERING, NO - 923 OCCPER AVIENLE SPRINGS, CO MCI PHONE (970) 945-8678 FAX: (970) 945-2555 ..IM ANO PALL LUG;N8UHL GARF1EL3 COON rY. CO NATIVE SPFINGEt SLIEICNISON • 1000' DES EP' CK ICS IMP .OR SLS !DATE 03/08/01 F.1.2 P.4 C 2000056.01 SHEET r f 1 L • EA A.LL . txt • 7R-55 Tabular 5iydrograph Method input Summary Description NATIVE SPRINGS Su3D7:IISION - EXISTING CONDITIONS 25 YEAR Rainfall Distribution Type II is/P interpolation On Total Area 65.99 ac Peak Time 12.4 hrs Peak Flow 10.9 cfs G/ver Input Data: Subarea Description D/S Subareas Area (ac) CN Tc Tt Rainfall (hrs) (hrs) (in) SITE 65.99 72 0.4 0.0 2.00 Composite Runoff Curve Number Calculator Description Area (ac) Curve Number Ty?E 3 48.69 69 TYPE C 17.30 79 Tota! Area > 65.99 72 < Weighted CN Messages: Info: Time of Concentration rounded to 0.4 hrs in row <1>. TR -55 Tabular Rydrograph Method. input Summa -7 Description NATIVE SPRINGS Su3ti v 3C0N - EX S_`=NG CONDITIONS 100 TEAR Rainfall Distribution Tyrie II Ia/P Interpolation On Total Area 65.99 ac Peak Time 12.4 hrs Peak Flow 21.9 cfs Given Input Data: Subarea D/S Subareas Area Description (ac) CN Tc Tt Rainfall (Lars) (hrs) (in) SITE 65.99 72 0.4 0.0 2.40 Subarea Name: SIT?, Row: 1 Composite Runoff Carve Number Calculator Description Area (ac) Curve Number TYPE S 48.69 69 TYPE C 17.30 79 Total Area > 55.99 72 < Messages: Page 1 weighted ON PR ALL . t„xt • TR -55 Tabular Yydrograph Method Input Summary Description NATIVE SPRINGS sUBDry:_5y0N - PROPOSED CONDITIONS 25 YEAR Rainfall Distribution Type II Ia/P Interpolation On Total Area 66,00 ac Peak Time Peak Flow Given Input Data: 17.4 hrs 9._ cfs Subarea Description 0/S Subareas Area (ac) CN Tc Tt Rainfall (hrs) (hrs) (in) SITE 66.00 71 0.4 0.0 2.00 Support Data: Composite Runoff Curve Number Calculator 7escription Area (ac) Curve Number IMPERVIOUS 3.70 98 'LAWN 1.01 61 NA IP L 61.29 69 Total Area > 666.00 71 Weighted .j."= Messages: Info: Time of Concentration rounded to 0.4 his in row <17. TR -55 Tabular Rvdrograrh Method Input Summary Description NATIVE SPRINGS SUBDIVISION - PROPOSED CONDITIONS 100 YEAR Rainfall Distribution Type II Ia/P Interpolation On Total Area 66.00 ac Peak Time 12.4 hrs Peak Flow 19.0 cis Given Input Data: Subarea D/S Subareas Area Description (ac) CN Tc Tt Rainfall (hrs) (hrs) (in) SITE 66.00 71 0.4 0.0 2.40 Support Data: Composite Runoff Curve Number Calculator Description area (ac) Curve Number IMPERVIOUS 3.70 98 LAWN 1.01 61 Page 1 TNATURAL 61.29 69 Total Area > 66.00 71 4 Weighted CN Messages: f-. info: Time of Concentration rounded to 0.4 hrs in row 41›. • i( i f% / Ifs/i 1 r',/ //// /J /7/ /f.I '�' III "1// /�„.y I I I! .,..- 7.//,,- ,r.i• %l, ,rte r !i � �f ' <,-::-.---;;;:;„ I // 74. /{. /'fir III r Y7 • VEGETATION REPORT Native Springs Subdivision Final Report Prepared by: Beach Environmental, LLC Aspen, Colorado 81611 November, 2000 1• • • Parcel Description Native Springs Subdivision is a 55.9 acre tract located on County Roads 221 and 210 approximately 2 miles east of Rifle Colorado. The proposed subdivision consists of eleven lots ranging from 5.02 - 6.30 acres. A road, Native Springs Lane, is proposed for the center of the subdivision. The property is primarily irrigated hay fields, including pasture grasses common to this area with some willow and shrubs along ditch courses. Wetlands were identified in two areas of the proposed subdi':ision on Lots 9 and 11, but these wetlands are not within the proposed area of development. Field Observations South Boundary: The southwest corner of the Native Springs Subdivision supports a wetland area consisting of a prorninent cattail and Canary Reed grass population that extends approximately 200 feet along County Road 221 through Lot 11. This area has been disturbed by county mowing activities on the right-of-way (ROW). Continuing eastward along the south boundary, there is an irrigation ditch with a capacity of 4-5 cfs. Vegetation present in this area includes Russian Olive, native pasture grasses, and weeds. East Boundary: The eastern portion of the Native Springs Subdivision does not support any wetland areas. Lots 1,2,3, 4, & 5 are primarily irrigated hay fields. A few willow trees were noted, but do not appear to be thriving. A recent addition ofa gated irrigation pipe has likely decreased the soil moisture in the area, and thus contribute to the lack of willows in the area. An irrigation ditch lateral tuns through Lot 2 and along the eastern boundary, but does not constitute wetland areas. North Boundary: The northern portion of the Native Springs Subdivision does not support any wetland areas. Lots 5, 6, & 7 are primarily irrigated hay fields. A two foot irrigation ditch runs between the Northern boundary and the County roads, but does not constitute a wetland area. Western Boundary: The western portion of the Native Springs Subdivision supports a wetland area consisting of wetland grasses that extends approximately 150 linear feet through Lot 9, immediately adjacent to the irrigation ditch lateral. An old small irrigation ditch located inside the fence line appears to have a small leakage flow from the main ditch along County Road 210 contributing to the wetness in this area. Beach Environmental, LLC Native Springs Subdivision 2 • • Summary, Conclusions, and Recommendations Two wetland areas were identified on the Native Springs Subdivision, a cattail population on the Southwest boundary through Lot 11 and wetland grasses on the western boundary along the irrigation lateral through Lot 9. Neither of these wetland areas are within the proposed road or building envelopes. The areas have been marked on the enclosed map and avoidance of these areas by all construction activities is recommended. Any development or proposed dredge and Ell impact to these areas would require permitting through the U.S. Army Corps of Engineers. Numerous photos of the Native Springs Subdivision were taken using a digital camera and are on file in our office for review. Since the present proposal to develop this property does not encroach upon or require the alteration of any wetland areas, no further assessment of this property for wetland impacts is recommended. Should the site plan be revised on or updated, a new identification or delineation of wetlands should be completed. End of Report. 0257r.01 Beach Environmental, LLC 3 Native Springs Subdivision r • Beach Environmental. LLC Suite 304 AKsen, CO S i ti Te1 t970}g25.3475 F 1Z5_4751 Ron Liston Land Design Partnership 91S Cooper Avenue Glenwood Springs. CO 81601 June 7, 2001 Rd: Native Sprim?s Ranch Weed Management Plan Dear Ron: At your request, we have undertaken and completed a vegetative survey of the Native Springs Ranch Property, inventoried the noxious weeds and other vegetation upon the 65.96 acre ranch and developed a comprehensive plan for managing the existing noxious weed population. We have also included a plant material list Cor °z::tation and a weed control scheduie. .tor .tit"• ,:omplr ed professional and technicals .... o' Beach E .:-ono: ,:n.... and we will be available :o answer an. questions t:,.._ various reGie�.ti agencies may ha\e regarding our stork, Please reel free to contact rye with any questions. m5aa.o? cc: file Sincerely, By ',tai 9 I 0 #13592 t ti • 1111.1.14ti=ice,. G. Be Principal 7 get � J • VEGETATION MANAGEMENT PLAN FOR NATIVE SPRINGS RANCH SUBDIVISION The vegetation management plan for the Native Springs Ranch Subdivision is designed to establish and maintain a desirable native plant community while controlling noxious weeds. This management plan is designated for all common areas including roadsides, open space, and utiiity easements. Recommended control measures for weedy species w lil include cultural. mechanical. Cilenilcal. and bioiogicai techniques. Et is our recommendation that chemical control be limited to the maximum extent possible and only reserved For large outbreaks of noxious weeds. Site Velzetation Characterization The Native Springs Ranch Subdivision is located in Garfield County, near Rifle, Colorado and falls within the Western Plateau and Canyon Region ofColorado. This region lies west of the Continental Divide and below 5000 F. It is geographically and vegetationally complex. Fiat lagers osedimentary rock for' ging extensive highland areas characterize this region. Sixty percent of the annual precipitation falls October — April. The site can be characterized as a western slope grassland. Domiria.nr. species of a estem slope rassland tlsilad include `•y eatyr ads. rIceg.r ass. and l unegr'ass Grasses noted during. the site .walk were wheatgrass. junegrass. and brome. OO:\Il\.ANT GRA\IINOIDS ON THE NATIVE SPRINGS R. -OCH SUBD1V1SI07s -l07-opvr'of SDiCatattfc Agroovron spicaturn var. inerme beardless bluebunch wheatgrass Koleria macrantha I prairie junegrass bluebunch tivheatgrass Orvzo r�is hymenaides J Indian ricegrass Soil Characterization Information about soils is provided by soil surveys from the United States Department of Agriculture Soil Conservation Service. There are three types of soils associated with the Native Springs Ranch Subdivision. The primary soil type is Kim loam. found in the southern and eastern portions of the property in lots 1-5, and 10-11. This is a deep well - drained soil Formed in alluvium derived from shale and sandstone. The native vegetation usually found on this soil includes wheatgrass, needle -and -thread, and sagebrush. The second soil type is Heldt clay loam, characterized as a deep and well -drained soil on alluvial fans and sides of -valleys. This soil was Formed in alluvium derived From shale and sandstone. Permeability is slow and available water capacity is moderate. Native vegetation is comprised of wheatgrass, sagebrush, and rabbitbrush. This soil unit forms a wide band through Lots 6-9. Native Sprtnsz s Ranch Vetetation Management Plan t3each Envtronrncntai. LLC - 1 - • • The third se i, tt.�,e dominates :he open space area of the subdi-. ision. The Torriorthents- R.ock outcrop complex is a unit of exposed sandstone, shale, and stony soils that are sllallo�} to moderately deep over sandstone and shale bedrock and stony oasaltic alluvium. Torriothents, which contain gravel, cobbles and stones make up 60% of this complex. and rock outcrop make up 25%. The rock outcrop is Mesa Verde sandstone and Wasatch shale. Native vegetation includes wheatgrass, bluegrass, Indian ricegrass, needlegrass, bitterbrush, sagebrush, and mountain -mahogany. This complex is a prime wintering area for deer, rabbits, coyote, and elk. \i)riotis Weed Characterization During the noxious weed survey, Beach Environmental. LLC. noted small and limited populations of weeds. Limited, small communities of Canada thistle, Common burdock, Hoary cress, Houndstongue, Russian Olive, Sulfur cinquefoil, and Volunteer rye were found at Native Springs. Hoary cress was found in greatest. concentration during the site visit. Due to the aggressive nature of these weeds, the vegetation management plan has established guidelines to help control the spread of these species. These guidelines are 7 -produced from recommendations provided by the Native Plant Revege=lon Guide for Chir_ ciL . a guide published by Colorado Natural Areas Program. Colorado SEate Pars, and Colorado Department of Natural Resources and recommended by Garfield County for planning purposes. Other resources such as the Pitkin County Weed Management ',,»... C'..lorado Weed Associutot... and the interact '.ti'. .se t(,r sucoien:eni.ai inrortnat:on. Canada Thistle (Cirsium arvense) Description: This aggressive weed forms large dense patches of prickly plants along the bottoms of intermittent drainages and other areas with moist soil. This thistle, however, does not do as well in continually saturated or inundated soils (although, it does grow in seasonally saturated or inundated sites). It is extremely difficult to eradicate because it has an extensive root system and new plants can grow from even a small piece of root. One plant can colonize an area up to six feet (1.8 meters) in diameter in one or two years. Canada thistle grows to three to live feet (1-1.5 meters) tall, has spine -tipped leaves, smooth stems, and small lavender flowering heads. Management Measures: In addition to prevention, the critical management measure is to stress the plant by forcing it to use stored root nutrients. The most effective way to prevent this species is to revegetate moist bare soil. Cultural Control: After establishment, competition with other plants is helpful, but not completely effective in controlling this weed. Reseeding is often necessary after the \atr‘.;: 5prinuls Ranch Vererartan Man F:u. rr,nrnentai. LLC tL ent Plan -, - tE i.,tic his been remo%ed From an area. Keeping the area at optimal fertility and moisture levels to encourage grass growth is beneficial. tilechanical Control: Mowing can be effective when combined with herbicide treatments. especially in areas with competition with established grasses. Mow throughout the growing season and then treat with herbicides in the fall. Mowing alone, tivithout herbicides, can be effective if done at one-month intervals over several years. Late spring burning will also stress the plant if sufficient dead plant material is available �.i-r rare hot ,enough to kill spring rosettes. Burning will have co be repeated :..ears or at three-year inter°v aks. Pulling and .Iigging the plant is lne[te'ctive due to its extensive root structure. Chemical Control: Herbicides can be effective, especially when combined with mowing, tilling, and competition with other plants. The larva of the weevil Ceutarhyncus lirura bores into Canada thistle and weakens the plant. This weevil will not control Canada thistle alone, and can be combined with other methods. C ronhora cardui, Cassiciic r ubiginasa. and the painted lady butterfly are other biological control options r,r this weed. Releasins a combination of these insects is recommended. so -every part of eed s attacked. Grazing can be used in the spring and early summer to help control .first« in riparian areas as well. Biological Control - Three insects wre currently available- It is best to iete;:se combination of these three insects: Ceurcrhivncus tiwr'CI — a weevil that stesses the crown 0[ he plant. Crop/lora carduii - a stem and shoot gall fly, and Casidia rubiginosa - a leaf beetle. Common Burdock E,-rctium minus) •-rte 3 43. Description: Common Burdock is a member of the Aster family, thistle tribe. ft is an introduced biennial that reproduces by seeds. In the first year orf growth this plant forms a rosette. The second year, this plant is erect. The stem is stout, grooved, rough, has multiple branches, and grows 2- 6 feet tall. The leaves are alternate, dark green, smooth above, whitish green hairy beneath. The flowers are purple or white in numerous heads. The head is enclosed in a prickly bur, composed of numerous smooth or wooly bracts tipped with hooked spines, It grows along roadsides, ditch banks, and neglected areas. Initial growth of the species begins in middle to late May. In non -flowering individuals, a tta11 set of leaves is normally produced by late lune, though smaller leaves may continue to be produced well into the summer. Flowering individuals show the first clear signs of bolting by the second week offline. The developing inflorescence is fully exposed by the end of June. Flowers first appear in mid - Ranch V=zetation Management Plan 1 • 5..eptember. Each bur holds an average of sez..ds, arid over 1 be produced per plant. Cultural Control: ,n:_inu-s and minimizing soil disturbance will discourage this v. eed from seeding. Mechanical Control: NIOV• and cuttina of top growth is effective in reducing the number of tlowers and burs develop. Additionally, hand pulling before a:•,1/41 %A. k. Flov,ering plants must be removed from Pank in the soil,. Chemical Control: This has shown resistance co the pesticide monurort-TCA. Chemicals should be used be:'cre Sud formation. Biological Control: None cu77-ehtly available. Hoar v Cress (Cardaria draba) 4r Ipsvi4-.....:=1,:-.7;7 • Description: Hoary cress is a member of r.he Mustard family and is commonly referred to as ‘;..hitecop. It is a creeping perennial that reproduces by root segnents and seeds. The root system extends both horizontally and vertically. Hoary cress can row 10-1S inches high. Flowers are produced in late April and May. Tihe leaves are commonly covered with white hair, and the flowers are gray -white in color. Leaves are 1/2-2 inches long and are oblong, with toothed margins. Cultural Control: 7lative grasses are seeded in weedy areas, this will help to establish competitor.. f2kerting the weed. Mechanical Control: Remova: o t` the top rowth has been shown to be somewhat effective. This treatment mus,.be repeated at least mice a year to reduce seed production and spread. Chemical Control: R.,-,undur. ) applied as a 2% solution at the flower stage ,n 2.4-D applied at 3 qtsiacre 2 to 3 times per year for 3 nas also been SC.:7::-.'"A e. The best time to apply herbicides on i:etop is InMa 07 ear::. before tlowenng. --•:‘;. ?.1.1c1.1 _ - r Biological Control: None currently available. Houndstan¢ue (C%noglossum alienate L Description: Houndstongue is a member of the Borage family and is a biennial weed introduced from Europe. It reproduces from seed and appears as a leafy rosette in its first year, The stem is erect, stout, and heavy, 1.5 — 3 feet high, usually branched above. The leaves are alternate, the basal and lower ones are broad. and are oblong to lance - shaped. The upper leaves are narrower and pointed, almost clasping. The flowers are terminal and reddish -purple in color. The fruit consists of four nutlets (seeds), each about 1/3 inch long, with the outer surface covered with short, barbed prickles. Nutlets break apart at maturity and are rapidly scattered by animals. Houndstongue contains hepatotoxic compounds called pyrrolizidine alkaloids (PAs). PAs are common in other plants and create an economical impact on the livestock industry because of the loss of ff- animals caused _:ng such plants. Houndstongue has been implicated in the death or hors: s and cattle. Tne animals usually die from liver damage caused by the PAs. Houndstongue na.^.'; weed. making it difficult to control. +Cultural Control: lic.:ndstongue is a proiifid seed producer. and the seeds are readily spread by their ability :o stick to animals. Physical removal of the plant at flowering or in early seed formation will break the cycle of the plant, Mechanical Control: This can be done by harrowing in two directions with a Triple K harrow. This method is effective in getting rid of the plant, but the seeds will be present. Chemical: Spraying is the most efficient method of eliminating this noxious weed. Some of the products that have been used with success are 2, 4-D, dicamba, picloram1 triclopyr, and 3 b-dichloropicolinic acid, EPTC, benefin, and 4-(2,4DB) . Surfactants are highly recommended due to the hairiness of leaf. Biological Control :LMogulones cruczzer is a weevil that has shown to be an effective biological control. The adults emerge in spring to mate and lay eggs on houndstongue rosettes and after the eggs hatch, the larvae :unnel into the roots of their host plants where they can cause a lot of damage. Attacked plants are stressed, which reduces their survival andior seed production. \anr. _ �cr^ ._rarion Management Plan f Russian -olive (£laea 'nus anvustifolial Description: This fast growing tree has silvery green leaves and long thorns. The fruit is olive shaped. A European native, Russian -olive has been widely sold in Colorado as an ornamental shade tree. Along some streams, Russian -olive has completely replace native woody vegetation such as cottonwoods, thus reducing the amount and quality of wildlife habitat. !Management Methods: Russian olive trees can be controlled by either cutting the trees down and treating the stumps with herbicide, or pulling the tree cut of the ground when it //is `oun, . The cutting method should '[- be1usedryon trees larger than f two inches (5 �++ cent met rf l in L:i amerer. Cut the Russian olive free wi four inch s (10 centimeters) . 4,�. S within � ... of the ground. Within five minutes of cutting, treat the stumps with an herbicide. A.00roor ace herbicides to use would include Garton. the premixed .,rod, .c- Pathfinder and R;,7, eo. C ::for; decomposes rapidly after application, in a day or Lei,. • -1 water and approximately two weeks to 4-o months in soil. Rodeo (glyphosate) s specified for use in riparian or wetland habitats. Monitor and implement follow-up treatment as needed. Follow-up treatments are best completed the following lune before any possible resprouts have time to grow. Retreated areas should be monitored every 6 months until complete :-mortality is ensure:. Care should be taken not to introduce any herbicide into adjoining waters. Trees less than about two inches (5 centimeters) in diameter can be wrenched out of the soil by means of a weed winch. Removal of small Russian olive trees will be easier when the soil is moist so that the majority of roots can be extracted. There are approximately 10 Russian Olive trees at Native Springs. Native Spr,ns Ranch Vegetation Management Plan Beach Ent • • Sulfur Cinquefoil (Potentilla recta L) Description: Sulfur Cinquefoil is a member of the Rose family and is a perennial weed introduced that grows up to 1.5 feet tall, Roots are well developed, and leaves have 5-7 toothed leaflets per leaf. Leaves are hairy_ and appear Veen on the underside. Flowers are light yellow with 5 petals. The species is adapted to a wide range of conditions, from open grasslands -shrubby areas, but cannot survive in a canopy forest. This species flowers from June -July and its seeds are considered hardy. The weed reproduces annually, through root shoots from the oC he root mass. Cultural Control: C'.:i:ivac:oi s with annual crops has helped control Sulfur cinquefoil. �lechanica! Control: ' ._ .:hisweed J'.`- :��i..:i trvCtl'� e control measure, due to weeds =ood : ser. cs :....._ rets. rand -pulling or chopping is effective if care it taken to remove the root crown. Chemical: Tordo i sic:or ry 1 anci 3,4-D ester have been found to provide control for $.,i;ur cgrasses. Ally (nxetsulfuron), will also help control this weed, but will destroy grasses in the process, and therefore is not recommended. This weed will reestablish itself 3-4 years after chemical application, so repeated applications will be necessary. Biological Control: Biocontrol prevention is currently being explored. However, due to the genetic similarity between Sulfur cinquefoil and strawberries, it has been difficult to introduce biological control without harm of a large agricultural resource. Three insects, a root moth (Tinthia myrmosaeformis), a flower head weevil (Anthonomus rubripes), and a gall wasp (Aulacidea sp.) are being screened as potential biocontrol agents against the plant. �....• R. r`.cn -w'3rlon '.f.,� i' . 's .^. Fan - T V 0 l u n veer Rve (Searle cereale L.) C"ulrurai Control: • Description: Volunteer rye is commonly called common or annual rye. This weed is thought to be an annual that was derived from a perennial native in southwestern Asia. The blade is tall, narrow and covered with short hair. Spikes are 4-6 inches long and are loth_ bearded and flowers June -July. Reproduction is largely through seed, 4: n annual crops has helped control VOLsaltier rye. MIechanieal Control: at !east 6 inches deep will bury seed and control as much as 90 oetc'... of .a rye. Chemical: ? _" has jean sound to effectively control volunteer rye. The Roundup should be mixed concentration or 1 gallon with 2 gallons of water. Do not add a surfactant. Biological Control: None currently available. Weed Survevs Wen controlling wee,. s. the weed manager shall be on the lookout for outbreaks of other weedy species including but not limited to: Absinth Warrnwooc Perennial Pepperweed a Yellow Toadflax Black Henbane ?lunzeless Thistle Blue Flax Canada Thistle Poison Hemlock Chicory • Corn an Burdock Russian Knapweed M Common Tansy • Daim,at:an Toad la_x Russian Clive E Dames Rocket Dlt-'vse KCzaoweed Salt Cedar f Mediterranean Sage Dt.ers Wr.)ad Scotch Thistle Oxeye Daisy Field B,ndwee.i Snorted Kan, weed Purple Loosestrife 'lanagement Plan 8 - Hoar/Cress (Wh Hc�undstong.ue temp St. Johns' o t _. Sulfur Cinquefoil M African Rue • �l S,;en:less Chamomile f d Goatgrass Leafy Spurge Musk Thistle Orange Hawkweed. Rush Skeletonwee.d Sericea Lespedeza Volunteer R e • Yellow S tarthistle Carnelthorn Planting and Weed Control Schedule Hoary cress is the dominant weed on the Native Springs Ranch Subdivision. Due to its early flowering in April and May, weed control should be started at this time. Mechanical or chemical control can be applied to this weed to begin concol. Weed inspection and control should continue throughout the summer months of lune, July, and August. This schedule is geared towards the removal of the most common weeds on-site (Hoary cress). However, some weedy species such as Russian -Olive require different schedules and techniques for control. if is imporart that the weed control?c;ce^:ie. remains fins The and is able to accommodate a variety of weeds. l he weed inanager is responsible for identifying outbreaks and if necessary. redesigning7he redesigningschedule to control that car.icul4.r,.ti.een. Once weeds are reznoved. it is important to reintroduce site appropriate native vegetation. This will help prevent the return of weeds to that area. Revegetatior with native seed rnateriais will occur annually during planting season. Seeds should be planted within two weeks of shipment. The revegetation site shall be prepared and wed down prior to planting. Additionally, supplemental watering shall occur after planting to ensure a high survival rate of native seeds. This can be accomplished through on-site irrigation. Plant Material List for Reveyetation Planting Plant materials will be provided by local seed companies whom will recommend a seed mixture for the Native Springs Ranch for revegetation planting. It is recommended that native materials be used to the most practicable extent possible. Plant materials to be used for revegetation planting will be native grasses either taken on-site or purchased from a local plant nursery such as; Rocky Mountain Native Plants Company 2730 Snowmass Creek Road Snowmass Colorado 31654 970 927-0925 Proposed species to be used are the dominant ganimicis already present on-site and may include a mixture o f one or more of the following: Pawnee Buttes Seed Inc. 605 75th St. Greeley, Colorado 30632 I -800-782-5947 Native springs R.anch Vegetarian Management Plan Brach Environmental. ;..0 - 9 - r C • PLANT M?.TERI.AL. LIST FOR THE NATIVE SPRINGS RANCH SUBDIVISION Koeleria macrantha prairie junegrass Achnatherum hyrnenoides Indian ricegrass Agrvpyron spicaturn j bluebunch wheatgrass Poa palustris I fowl bluegrass Stipa comata 4 needle -and -thread ,8romus marginates 1 mountain brotne These species were recomrrended as a rmxrure [or paswre/grasslarrds e rrorn Kacscy;vtminim ,vauve rsan�s. Weed Control Service Pesticide application will be provided for by a local weed control service company in the Roaring Fork valley, including but not limited to: Gallagher Agriculture Services 7348 County Rd 331 Silt 876-2864 Mountain Lawn 3758 Hwy 82 Glenwood Springs 945-9333 Roaring Fork Vegetation Management CO. El Jebel 963-9723 The Native Springs Ranch Homeowners association will provide for payment for chemical application and all other weed control measures and will be responsible for the successful implementation of the weed management plan. O257r.0l.doc Native Springs Ranch Vegetation Management Plan Beach Environmental. LLC - 10 - C GEOTECHNICAL REPORT JR V R T f Ge&ech •artb-PiWIak GeotechnIcnI, Inc. 5020 County Road 151 Glenwood Springs, Colorado 81601 Phone:. 910-94=-7988 Far: 970.94-&154 hoer@ hpgea[ec;s.corn PRELD,T A.RY GEOTE CEN1C A.L S'TTIDY PROPOSED NATIVE SPRINGS SURD VISION COLNTY ROAD 221 GAS1ELD COUNTY, COLORADO JOB NO. 100 460 JANUARY 16, 2001 PREPARED FOR: JD1 AND PAUL LU GLNBL73L P.D. BOX 950 BASALT, COLORADO 81621 • EEPWORTH - PAW -LAX GEOTE CH TIC:A.L, D C. January 16, 2001 Iw:. and Pau! LuQ=..�-!.. P.O. Box 90 Basalt, Colorado 31571 Sob No. 100 460 til 5it.Cr: RP^- i-'' `r.ai. Preliminary Geote'c^..i.icai osed Native Sp o®] Count Road 221, Ca :idi,. CO:L: CC/10 2do. Ce ,dlerrLen: As requested, we have conducted a geotechnical study for the proposed development. The propene is suitable for the proposed development based on geologic conditions. rte e• 2tor L'or"n,gs dr 11 F3�--er`il ,»- .cplor iL;� y _. �.:�. .. �.� Proposed building artas. below 11 and 2 feet of topsoil, con.sist of stratified sand, silt and clay. Dense ..ver gra', e deposits were encountered ac depths of 33 and 45 feet in of the Occur.,57.ater was :^4:;ally a., 'f nter.d a: 'en-: 't about 10 feet at therime of i ii lac'.. .water level could be as shallow as 5 .c 7 :4e: in. some areas. Spread footings placed on the upper natural soils and designed for an allowable bearing pressure of 1,000 psi to 1,500 psf appear suitable for building support. The footing bearing level should be kept relatively shallow co avoid groundwater and soft soil impacts. The report which Follows describes our exploration„ summarizes our findings, and presents our recontm;endations suitable for planning and preliminary design. It is important that we provide consultation during design, and field servi= during construction to review and monitor the implementation of the geotec ical recommendations. • Irf you have any questions regarding this report, please contact us. Sincerely, HEPWORTH - P AW LAK GEOTECHNICAL, INC. Steven L. Pawlak, P.E. Rev. by: DEH 1 • • T--8LE OF CONTENTS Pi, `iVsi. .\\ ) s(.0PE OF STUDY . . . . . . . . . . . . . . . . . . r,f 11, [) I. L'. I:1.()P\,I NT SITE t t.)"�D(TIO\S HELD E.\ PLORA T U(» SUBSURFACE CONDITIONS GEOLOGIC SITE ASSESSNIEvT PRELI\UN'AR.Y DESIGN RECONIMENDATtONS 6 FLOOR SLABS L`:DERDRAIN SYSTEM.... - S i E GRADING ... . SURFACE DRAINAGE PERCOLATION TESTING LIMIT 2,,T;O\S REFERENCES FIGURE 1 - GEOLOGY NIAP AND BORING LOCATIONS FIGURES 2 & 3 - LOGS OF EXPLORATORY BORINGS FIGURE 4 - LEGEND AND NOTES FIGURES 5 & 6 - SWELL -CONSOLIDATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS TABLE 11 - PERCOLATION TEST RESULTS 10 r C r • • • • PURPOSE AND SCOPE OF Si JDY This report presents the results of a preliminary geotechnical study for the propose': Native Sir:r.2s Subdivision. Ccuurt', Road 221, Gar's d CCL::. Colorado. The {p, r•, ec: :te tti ,L:L''•+a oa Fi21.The purpose of the wa to ''.11"1"` 'i e geologic and YsubsurfaceTT�c(+ocditioos and u,:e1L,i po+ten ti�yall im acts ora the pproject. The study �� conducted in accordance with our.. proposal for geoce �e �,,.ca enzineering services to Jim and Paul Luginbuhl, dared May 14, 2000. We previously conducted a radiation survey of the property and presented our findings in a report dared June 7, 2000, Job No. 100 460. A Eeid ,tx7ioradoe pro2-tar - consisting of a reconnaissance, extic:_..try borings and percolation testing was conal cted to obtain information on the site and subs r ace amp -e u '� 1-w, ze ,r:-. the ":eia `44 I at •. re to .ori in conditions. � ,4� of .ate`.. subsoils �V'L.�._........ l:. i.. w. 6.:, �rL � .l; ^koL r..'J d.. v.ei 54L.. the l bVr.topf LetLa:L:e 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 pr& i-ni,ry design.. This report summarizes the data obtained during this study and presents our coticiusious and recommendations based on the proposed development and subsurface conditions encountered. PROPOSED DEVT LOP_'Y NT The 60 acre parcel will be subdivided into 11 lots between 5 and 7 acres in size and located as shown on Fig. 1. The development will consist of single `amity homes. The building area will generally be in the front part of each loc. A private road will access the building sites from County Road 221. We assume the residences will be typical of the area and be two to three stories with a partial or full basement. 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 reco=endarions presented in this report 2 SITE CO:C1DITIONS The prcco'..e... a ; Spr ^` S._:bdi inion is {CC2E2 OC. r.1'.'..t S:.r:: [}f clad Colorado River aboc: c•.vo miles east of Ririe. The 60 acre props:t covers parts of the northern half o: Sec:.. -,r: 11 �.d the southern half of Sect.cr T. 5 S.. R. 93 W. Count,: Road. 22. procer7• td ;cuts and Cam:: Roar' _.0 borders r± properz oa the aont est. The Colorado River is located about 3,CCO feet to the south arid. about 50 feet lower iii elevation than. the proper:;y. The gecerar' copo&Taphy in the area is shown by the contour Lines on Fig. 1. The ground surface over.most of the property slopes down to the southwest ac about 2%. Moderately glopina, small alluvial fans are present in the northwestern part of F.he property. The fan slopes are typically between 5`-c lad .0 :. To the northwest st o Road 210 the c.l! .__ ;:2. ;icoes abruptly transition? to a very strep terrace eso• r -D e^t. Slopes on the escarpment average about c. !.t`!jc♦ d aL. "s ..o 4L ores,: t1.r'.1,1,:2h _. precis: . L'tle ba i. s above the alluvial faas are sz-air restricted CO the 160 foot �;gh escz t ent. At the time of our study the property was irrigated pasture. Several i rigaricn ditches are present on the proper= -i. GEOLOGIC SETTLNG The project is located in the Piceance Basin. This regional geologic structure was formed during the Laramide orogeny about 40 to 70 million years ago. In addition to the main basin structure there are other northwest trending secondary folds in this part of the basin (Shroba and Scott, 1997). The folds have very smmil amplitudes in this pare of the basin and bedding is essentially horizontal. Major faults have not been mapped in the project area. Surficial soil deposits consist of colluvium and alluvium. Formation rock in the area is the Wasatch Formation. FORMATION ROCK Regional geologic mapping shows that formation rock in the project area is the Shire member (Tws) of the Eocene and Paleocene Wasatch Formation (Sbroba and. Scott, 1997). The rock is covered by sura cia1 soil deposits and outcrops are not • • ^resent. It is expec:e:.' tat formation rock. is relatively shallow on the :e race escarpment to the northwest of County Road 210, but elsewhere rocs is expected to lie well l belo t;: pyii�_. si residential foundation depths. interbedded. SG_rje Cne bd cOr_iist�.sy ofd varied colored claystoe... mudszoce, and' si. tstoc interbedded i`I' it less abundant coa se- ar_:ine,: iandscon' (S' oba and Scorr. 1997). The claystone. r;uds:one and siltstoue are The sandstones are usually cern need and hard. Joints are corz'.Qoc..iy present in t z.'cernertet4.. rock. . The beds occur as coQC1ex lenses with IL -Tilted d horizonl continua - SURFTCIAL 501 DEPOSITS Tie project area is located on a low river terrace (Qt1) that is about 5 to 10 feet above the modern Colorado River..1"a .nti hear the river. At tome broject si... rei_zive G deep upland alluviu_r? (Qua) covers the low river terrace alluvium. River alluvium was Ecr • 1 f at of 3 and 45 ..syr below t oiui d river alluviumsilty coclayeysandand gravel with cobbles. The low river The ri �. .._.__ is a s c. ,� eY terrace alluvium is in part late Pinedale glacial oucwash and younger Holocene river alluvium (Sbroba and Scott, 1997). The overlying upland a11uv ii.:m (Qua) consists of interstratifed silt, clay and silty sand. Small alluvial fans (Qa) cover the upland alluvium in the northwestern part of the property. To the northwest of County Road 210 the alluvial fans transition to shallow colluvium (Qc) on the high. terrace escarpment. Bull Lake and older glacial outwash underlies the terrace surac.�s at the tap of the high escarpment. FIELD EXPLORATION The field exploration for the project was conducted on August 1, 2000. Six exploratory borings were drilled at the locations shown on. Fig. I to evaluate the subsurface conditions. The borings were advanced with 4 inch diameter continuous flight auger powered by a truck -mounted Longyear BK -511 -ID drill rig. A percolation test hole was drilled next to each boring with a 6 -inch diameter auger. The borings were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. 4 Sia.""ovs of r...._ .:!bsoils were Ca Zea ft 13'9 inch 2 ince. I.D. spoon sarnplers. Tne samplers were driven into the subsoils at various deocts with blows from a 140 pound C„_...., f2[tic z 30 [aches. TL.s" tdst is s` . i . to tome standard penetration test described by ASTM Method D-1536. The pene.tracioa resistance values e indication .�., -,t i �o e k ut its D`n h t an i.t:�:� ..� of �� :3CI�'e density or COC.s?�t rfCv o: the s�.0 ���;. ..r ..LS Yr? t':�1..cL t..... �.:.1.ti•.•'.� u.,. ..s\ n aid :he p.'e::.etra..:ion ies:sl.•:..':ce values are Z:.::�wa 1 ±e Lozs or Expioratory Bor_-g_, F. 2 and 3. The samples were re reed to our laboratory for review iew b; the project _ z.. weer and lestia SUBSURFACE CONDITIONS :be subsurface conditions ercounte:ed at the site are shown oh Figs. 2 and 3. The subsoils consist of about 11/2 to 2 feet of tocsail overlying stratified sand, sii _. ._ u :er soils ".re sLic7h:lv 7.0iSZ 'dens:.s:if` to wet and sot. z,e erally below 5 to 10 Leet depth. Dense, silty co c. yey sandy aravei }and cobbles with boulders was encountered in Borings 1 and 4}agt•!•�depths _c of i33 and} 45Tp Leet. respectively. Drilling in the dense gravel with auger e..quiu e:t as difficult due to the cobbles and boulders and drilling refusal was encountered in the deposit. Laboratory testing performed on samples obtained from the borings included natural moisture content and density, finer than sand size grPriarion analyses and liquid and plastic limits. Results of swell -consolidation testing performed on relatively . inndisturbed drive samples of the upper soils, presented on Figs. 5 and 6, indicate low to moderate compressibility under conditions of loading and westing. The samples showed minor senlementrheave potential when wetted under a relatively light constant load. The laboratory testing is summarized in Table 1. Free water was typically encountered in the borings at a depth of about 10 feet at the time of drilling. When checked the next day, the borings were dry and had caved at depths of 5 to 10 feet which could be just above the stabilized groundwater level. Boring 3 was dr: to the drilled depth of 20 feet. • 5 GEOLOGIC SITE ASSESSMENT D4 t+ m... tiopt of :he proper: as proposed should be teasib e hasty oa the 'Qeolo'zic conditions with some COL'S ideradoas in the project pllrrri ig aL. desiPn. s .:` ':.e.4 project C1,71en' "rd ''• a re beiow. FLOODING AND Si?=_SCE DRAINAGE La.rze off-site drainage basins are not tributary to the project area. Charnels on the alluvial Daus in the uorrh4G'estera part of the site are poorly defined and the fans could be the site of 'nig- sedirhent coac't'-tratioa sheer. flooding associated with. intense v'r _ rtdersr r...s. the wood Acte tial on these rhLrs should be cor.Sider.'.v. your hydrologist as part of he storm water nanag''T"'i..ent and drainage plan for the de :lopr..eut. The:ocezt:._.P rot" ditch JLockagu s.houd ve included La the hydrologic eva uadlors. MOISTURE SENSITIVE SOILS The upland alluvium (Qua) encountered in the exploratory borings was wet and soft below a depth of 5 to 10 feet but the upper soil was stiff and relatively dry. It has been our experience that relatively dry soils similar to the upland alluvium (Qua) and alluvial fans (Qat) at the site can be moisture sensitive and experience relatively large settlements if they become wetted after construction. Considerasion for residual foundations are discussed in the Preliminary Design Recommendations section of this report. CONSTRUCTION RELATED SLOPE LNSTABILITY Slopes inthe proposed building envelopes do not exceed about 15%. We do not expect problems with constriction related scope instability associated with gaoling typical of most residential construction in the proposed building envelopes. Grading is not recommended on the steep terrace escarpment to the northwest of County Road 210 unless evaluated by a geotechnical engineer. • • 6 EAITHQ[..-A E3 The project site couldexperience moderately strong earthquake cundr ^shaakSing \t `izle \lerr.i__i Intensity y V I during a reasonable ser•` l e Lir:!-LeLor development, but the probabilicy for a stronger around shaking is to Intensity \.1 ground shaking is bv mos- neotle C ! s.s oa reral i.:but results in e =ace t a _:siv"i and construction. The occuriet _:...ict'.ire should be designed .r r 4 co wiihst:.d modera: 1y strong ground sha_ki g Tiede or no damage and riot to collapse eider st:oager ground shaking. The site is located in the Uniform. Building Code Seismic Risk Zone 1. Based an our current understanding of the earthquake hazard in this part of Colorado, we see no reason. co increase the coc'.moc y accepted seismic risk zone of the area. PRELLti1Th 4RY DESIGN RECON3EENDATIONS The conclusions and reccomniendat..ce, presented below are based on the proposed development, subsurface conditions encountered in the exploratory borings, and our ex erence in the area. The recommendations are suitable for plauning and preliminary design but site specific studies should be conducted for individual lot development. FOUNDATIONS Bearing conditions will probably vary somewhat due to the stratification of the subsoils and the typical shallow groundwater condition. Based on the nature of the proposed construction, shallow spread footings bearing an the upper natural soils should be suitable for building support. We expect the footings can be sized for an allowable bearing pressure in the range of 1,000 gsf to 1,500 psf. There could be some potential for addit♦onal differential settlement if the bearing soils become wetted. The footing bearing level should be kept relatively shallow to avoid groundwater and soft soil impacts. In general, the footing bearing level should be kept at least 2 feet above the groundwater level. Full basement construction may not be feasible in some arras of the site due to potential thailow groundwater. Foundation wails should be designto span local anomalies aid to resist lateral earth loadings when acting as retaining structuies. r 1 • • 7 Be[ov. grade areas ,ad re'.:=ig walls should be protected from werr _ a. -.d hydrostatic loading by use of an uad'erdra n system. The footicgs should have a "T*"Il!m depth of 3d inches for Eros: procecti4°a. C FLOOR SuA3S Slab-on-gradeshould be feasible for c ari:2 "r:. ±e. wat ral soils. There could be some potential for settlement/heave if the subsoils become wetted.. To reduce the effects of soCie differential movement, floor slab should be separated from. all bearing wails and colnrrms with expansion joints. Floor slab control joints should be used to reduce damage due co sbxrinkage cracking. A minimum 4 inch tick layer of E ee-draining gravel should underlie interior slabs to facilitate drainage. Root levels should .._ kept a: least 2 feet above the Srcc^dwa.ter [.,"`ODER] .;I. SYSTEM Ground:v,._e: ,L'el was :encountered in the explorator;bO:' _.. °at''Yely shallow depth and irrigation of the surrounding area will tend to keep the water level shallow. Local perched ground.Ga.ter can also develop during times of heavy precipitation. or seasonal runoff. An underdrai.n system should be provided to protect below -grade construction, such as retaining wall 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 least 1 foot below lowest adjacmat finish grade and sloped at a minimum 1% to a suitable gravity outlet or a sump and pump Shallow crawls -pace areas should not need a perimeter foundation drain provided the backfill is well compacted and has a positive slope away from the building. Below grade levels of the buildings should be kept at least 2 feet above the groundwater level. SITE GRADNG Cut depths for the building pads should not exceed about 3 to 8 feet depending on the groundwater level. Fills should be limited to about 5 feet deep above existing ground surface. Structural fills should be compacted to at least 95% of the maim standard Proctor density near optimm.= moisttnre congeal- Prior m fill gam, the f • 8 ubarade should c=refully pr ^:.tree. by ret icvia all vezetac oa and :ocsoil and corripac.ing to at least 90 % of st— d, �d Proctor density. The oo.-site Solis excluding topsoil Jrculd be suitable for use b. eTbai_'+:rnent i_'.'s. The deeper soils may be highly moist and require drying before use as backfill material. Dh.zit aCE The grade plan for the subdivision should consider potential runoff from uphill slopes tbsough the. project azid at individual sites_ Water should not be allowed to pond which could impact slope stability and foundations. To limit in 9ltradon. 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 dowusoout; and drays should dischare �;�e�+ e iirrfit t ail bac ziil and Landscape ._ir, ._toP_ should be s z - - beyond. � s o rest-rzcted. PERCOLATIOY TESTING Percolation Less were conducted adjacent to each of the exploratory borings to evaluate the feasibility of an in~f cation septic disposal systems at the site. The test holes were drilled with 6 inch diameter auger and were soaked with water one day prior to testing. The soils encountered in the percolation holes are similar to those encountered in the exploratory borings shown on Fig. 2 and consist of stratitied sand, silt and clay. The percolation test results are presented in Table II. Based on the subsurface conditions encouintered and the percolation test results, conventional infiltration septic disposal systems should be feasible at the site. A mounded system could be needed in shallow groundwater areas. A civil engineer should design the infiltration septic disposal system at the time of each lot development_ LLMIITATIONS 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'ons std in this r • • 9 r2 o- are basedLi:on _ a:a obtained from the field ceeonnaissance, re7iew or pubiished geologic recon.. the exploratory borings located as shown an Pig. 1. the propos:::. ripe Of,:onstniction ac' our experie.ace in. he area. Oar Eadicgs include. Luate:p olation and ex aco[ation of the subsurface. conditions identified at the exploratory borinzs and variation i subsurface a nd as may coma v7until .. _. � ...... SL'7si... C.. CC'._�:EiIC' n'1 ,! not {7e..�•_:... evident • ..- - •_• •y.�...'L':...w� :W•.r " l.. �i.:•4.... rioai those deScric.'.',: in this repor , we should be notified so that re-evaluation of the recommendations may be aide. This report bas been prepared for the exclusive use by aur client for planning and grel_:' iury design puri oyes. We are not responsible for tecni _l interpretations by others of aur in onmatian. As the project evolves, we should provide continued. consultation, coaC�.c...4ditiional evaluations a.. a .view }+q �'implementation 0 -�d review and ii'i^v�•'. t�..: the iL L/1����_"-i of our re.cotnrneada :ons. Signiric ac design changes ! aay require addi atia1 all?lysis Or modifications re...:ornrne.ndation.s ethical here n. 14 a recommend ons -site observation of excavations and foundation bearing scala and testing ar structural fill by a representative of the geotechnical. engineer. Respectfully Submitted, HEPWORTH - PAWLA.K GEOTECH `IC.A.L, INC. Steven L. Pawlak, P Reviewed by: Daniel E. Hardin, P.E. SLPlrsollssw cc: Land Design Partners - Atm: Ron Liston r 1 • -10- REFERENCES Shroba, R. R., and Scort, R. B., 1997, Geology Map of the Rifle ©uadrer. le, Garfield Courzrv, Colorado- U.S. Geological Survey Open -File Report 97-852. Tweto, O. ar:d Others, 197 3. Geologic Map of the r eadvllle 1' x 2' Ouadrar.gle, Aro/Till western Colorado. U.S. Geological Survey Map I-999. QciTws r i Y, 1! Qaf rf i+ f '' y t'k ,- rY Wt ' _.�r4 , L_ 6 —C-iirWS Y/ -71/ (/' -\ `‘,_ , 1 Y ;r ` / 9.2 ♦ loot 8 • \ Lot 4 1 F Ff ]QuaiQ\t1 Lc. 9 Lal 10 •&1 • Lot 3 �. r`r HQua/Qtl ot2 County ftnA. 221 11-0 • Lot 1 tots 1-4 • Qua1Qt1 EXPLANATION: Qc - Colluvium Qaf- Alluvial Fan Qua - Upland Alluvium Qti- Low Rivor T©rroca Twa - Wasatch Formation Shire Member Contact (approx.) _ L _ 4 _ Toe of Steep B-1• Slope (approx.) Building Envelope Boring (appy.) 0 30011 1 J 1 Scale 1 In. = 300 ft. Contours 5 fY. 1 Compression 0 2 3 0 1 0.1 2 3 10 �^.^1�;✓ PREzSUR-7 — +CS' 100 P j i i 1 I I idGg;.[;re Ccntert = '9.0 c,:ercenti Dry OIrtsity = � ! - ... SCr'ci,. Sri. of: 5cr.J I ..:'•v a. y Fr rr. acrirc; 1 c: 2 f f 4 fl r I v f l l P I j Ccr7ore.ss:cr wQ.in. I 1 Expansion upon wetting I p P I PI °; 0.1 2 3 10 �^.^1�;✓ PREzSUR-7 — +CS' 100 0.1 100 460 1.0 10 APPUED PRESSURE — ksf HEPWCRTH PAWLAK GEOTECHNICAL. iNVC. SWELL--CDNSDUDAT10N TEST RESULTS 100 Fig- 5 P j i i 1 I I Moisture Con ten 4= 9.5 peresr t Dry Density = i5 c - rvie of: Sc.Cy !:;:Y _:cy From: Boring 3 ct 5 Feet f f 4 fl r Expansion upon wetting P ff 1 0.1 100 460 1.0 10 APPUED PRESSURE — ksf HEPWCRTH PAWLAK GEOTECHNICAL. iNVC. SWELL--CDNSDUDAT10N TEST RESULTS 100 Fig- 5 HEPWOHTH-PAWLAK GEOTECI INICAL, INC. TABU] SUMMARY OF LABORATORY TEST RESULTS JOU NO 100 4 6(1 SAMPLE IOCATION NAIURAL HMS TURF CONTENT ilii NATURAL GRADATION Y'E11I:I.ILI PASSING 1115, 211tl SIlVL Al 11IIIILII1i IIMlI'. l IINCOrINIII sou 1111 III.PIIIICK 1Yi°E £QRVN4 DEPTH 1Ici11 PRY DENSITY lyrll (MAVSL CYO SAND I'1LI IIIA+1i1 I1M11 171.1 Pi AS M; IIIIILX Iki COMPRESSIVE STREW) III IPSf1 1 2 9.0 110 Sandy silt and clay _____ 2 5 3.7 100 20 Silty sand 10 29.8 100 98 31 13silty clay 3 5 9.6 115 Sandy silty clay 4 5 8.3 10+6 64 22 7 Sandy silt and clay 6 5 20.3 104 66 Sandy sill 6 5 18.2 110 Sandy silt anct clay s___., C I r L Gtech June 7, 2000 Jim and. Pack Luginbuhl P.O. Box 950 Basalt. Colorado 51621 •pworth•Pawlale Geotechnical, Inc. :00 Counrr Road 154 Glenwood Springs, Colorado 81601 Phone. 970-945498s Fax: 970.9.5- 454 hpgeo@hogeotech.corn Job No.100 460 Subject: Carat is Radiation Survey, Proposed Native Springs Subdivision. County Road 210, Garfield Counry, Colorado. Dear Mr and Mrs. Luginbl.hl: As requested. we have performed a radiation survey at the subject site. The '�ndings and conclusions of our worts are presented in this report. The study was conducted in accordance with our proposal for professional services co you, dater May 4, 2000. Proposed Development: The 60 acre parcel will be divided into 11 lots between about .. 7 _C..?w Si:, for _ai.i•ir residences. Acc,.9s 'Nil! be c- Courirs Road 22L with a C;;1 -de -__c _L:ev.. The back. Dart of each ioc rY:1t be a restricted no building. area. The current u. e of the site is irrigated pasture. Radiation Survey: A �arn:..a radiation survey was cond.uc.ed in the development area (excluding the no building area) on June 6, 2000. Garima radiation measurements were taken on about 200 foot suacia s '.sine a Ludlum Model, 3 survey meter and Ludlum Model 44-9 detector. The readings were taken about 21/2. feet above the sround surface_ A total of 53 survey points were taken and the readings ranged from 0.015 CO 0.25 millirems per hour with an average of about 0.021 millirems per hour. Background readings taken approximately 1 mile east of the property were 0.02 rnillirems per hour. Conclusions; The gamma radiation readings taken at the subject site appear to be typical of natural. 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, cease let us know. Sincerely, HEPWORTH - P. W t.� -� ,. .L, INC. 1 RS` .� +'► Steven L. Pawtak. PC * 1 .. 2 2 2 .. T .4 1:C • SLPIksm L! y f CN .�r,, �, ,' cc: • Land DeFign Paroa +n Liston f r r L_ T E •PWORTH-PAWLAK GEOTECH•AL, INC. TABLE n PERCOLATION TEST RESULTS JOB NO. 100 46C PAGE 2 OF 2 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVE! (INCHES) AVERAGE PERCOLATION RATE IM1N./INCH) P-5 46 5 reign 14 i i 2 1/ 2 112 2 21 4 21 17 4. 17 13 112 3 1/2 P-6 59 20 36 112 35 112 1 20 35 112 34 112 1 34 112 33 1/2 1 Note: Tests were eonductad in E -inch diameter auger holes on August 2, 2000. The holes were drilled and soaked on August 1, 2000. The percolation holes were drilled next to the corresponding numbered boring (see Fig. 1). HEFWORTH-PAWLAK CECTECHN AL, INC. TABLE II PE7COLATIO1N TEST RESULTS JOB NO. 100 460 PAGE 1 OF 2 HOLE NC. [ HOLE DEPTH (INCHES} L NOTi-i OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES] WATER DEPTH AT ENO OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES, AVERAGE PERCOLATION RATE 1 (MIN.:INCH} P-1 48 20 37 36 1 !I 36 35 1/2 112 35 1,'2 35 112 TO P-2 46 5 18112 _ 15112 3 15 1/2 14 1 112 14 12 2 I 12 10. 112 1 12 10 1'2 3 1'2 2 3 P•3 50 5 23 27 1/2 12 10 ?7 /2 27 1;2 27 26 112 112 26112 26 112 P-4 51 10 30 26 4 26 2 2 24 22 2 22 20 2 20 18 Z Note: Tests were conducted in 6 -inch diameter auger holes on August 2, 2000. The holes were drilled and soaked an August 1, 2000. The percolation holes were drilled next to the corresponding numbered boring (see Fig. 1). 11' f Compressic 0 3 0.1 1.0 10 APPUEO PRESSURE — k21 100 100 460 1 HEPW©RTH — PAWLAK GEOTECHNICAL, INC. SWELL—CONSOUDATICN TEST RESULTS Fig. 6 j 1 iI Mcis ulre Ccntent = 18.2 per -...r Dry Density = 17 _. Scrr. pie cf.. Sc dy 3;i: ...... v. cr.wring 5 c:.,.-_._ I � I i � i 1 i i i !P j u • Car^pressay.^ upcn wettinO f to I t k � 1 E a f 1 1 I i T 1 1 r r 0.1 1.0 10 APPUEO PRESSURE — k21 100 100 460 1 HEPW©RTH — PAWLAK GEOTECHNICAL, INC. SWELL—CONSOUDATICN TEST RESULTS Fig. 6 1•--• TOPSOIL: organic sc^d, sit cr'd clay, SILT AND CLAY ('AL—CL): sticht! f sandy to sandy, stratified, stiff and slightly moist to soft and ret with ddept!` drawn, law pias: o^:_y. SAND (SW; silty, sandy silt Icye s, loose to rneciurrm dense, slightly moist to moist, brown, fine to medium sand. SAND, GRAVEL AiD CCESL,5 (':M—G0): silty, clayey, dense, wet, brown.. Fes{ Relatively undisturbed drive sample; 2—inoh I.D. California liner sample. Drive sample: standard penetration test ( SPT ), 1 3/8—inch I.D. spilt spoon sample, ASTM D — 1586. .. falling intones were ;,fsoh-IolaWe �C"vl� blow count:,.�......t'S thCt 5 blows of .. 140—pound h..'.':x� er �c�;lIny .; required to drive the California or SFr sampler 12 [hones. Ground water level at gree co. rrHIinc. --> Caved depth when check or August 2. 2CCC. Practical drilling refusal. NOTES: Exploratory borings were drilled on August 1, 2000 with a 4—inch diameter congruous alight power auger. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Devotions of exploratory borings were estimated from contours on the site pian provided. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6. Water level readings shown on the logs were made at the time and under the canartions indicated Fluctuation in water level may occur with time. No free water was encounter -_d in Boring 3. Laboratory Testing Results: WC Water Content (x ) DO Dry Density ( pcf ) —200 Percent passing No. 2C0 sieve. LL Liquid Lirnit ( X ) PI = Plasticity Index (% ) 100 460 HEPWORTH — PAWLAK GEOTECHNICAL, ENC. LEGEND AND NOTES Fig. 4 0 5 10 15 ?0 25 30 50 100 460 BORING 4 E EV.=538x' 3/12 wrr33 20=105 :F. -20 0=64 Y .22 i=7 4/12 14 SOL rtPE Ar 45' 8CRING 5 ELEV. =5.380' 7=6 r 5/12 WCC 2°2.3 00=ICl —2CCd 6 3/12 BORING 6 ELEV. 6/12 we t 3.2 CV=110 Notes Explanation of symbols is shown on Fig. 4. HEPWORTfi — PAWLAK GEOTECHNICAL. INC. LOGS OF EXPLORATORY BORINGS 0 5 10 15 25 30 a- 45 50 -- Fig. 3 gmm 0 BORING 1 EV. -5371' rf-- 11/'12 ViCr.g.3 C0= 110 5/12 10 r'. k. 3/12 r 15 20 25 30 35 7/12 50/10 100 460 BORING 2 FV. =5378' 20/12 wC .17 00=1cc —200=20 4/12 4C.-29.3 00— CO —20098 L'_-31 F1=13 4/12 5/12 BORING 3 ELEV. =5386. 4c/1z 17/12 14/12 / 1-; 7/12 e Note Expicnation of symbols is shown on Fig. 4, HEPWORTH — PAWLAK GEOTECHNICAL. INC. LOGS OF EXPLORATORY BORINGS 10 15 20 25 30 35 40 F. 2 • GAMMA RADIATION SURVEY r • • WILDLIFE REPORT September, 2000 '3EATTIE NATUillit. RESOURCES •O SULTING, INC. Kirk H. Beattie, Ph.D. 1546 E. 12th Street Rifle, CO 81650 e-mail: Beattie@imageline.com Office: 970-625-0599 Fax: 970-625-0600 Home: 970-625-0598 Cellular: 970-379-1451 WILDLIFE REPORT FOR THE PROPOSED NATIVE SPRINGS SUBDIVISION Prepared for Land Design Partnership 918 Cooper Avenue Glenwood Springs, CO 81601 Jim and Paul Luginbuhl P.O. Box 950 Basalt, CO 81621 Prepared by Kirk H. Beattie, Ph.D. Beattie Natural Resources Consulting, Inc, 1546 E. 12th Street Rifle, CO 81650 Wildlife Re2Qrt for Silt Hei• h bdivision TABLE OF CONTENTS 1 Introduction 1 Description of Area 2 Wildlife Field Survey 3 Interview with Dori Crane 5 Wildlife Information From NDIS 6 Amphibians 7 Reptiles 9 Mammals 13 Birds 15 Threatened and Endangered Species 16 Dogs and Pet Control 17 Fences 18 Garbage, Trash and Compost Containers 18 Additional Restrictions/Requirements 18 Indemnification 18 Disposal of Animal Carcasses 19 Securing hay 19 Skunk and Raccoon Denning Areas 19 Enforcement of Provisions by HOA 21 Summary of Wildlife Impacts Page i Beattie Natuna! Resources Consulting, Inc. September, MOO Wildlife Reart far Silt hts Subdivision a ii TABLE OF CONTENTS (continued) Page 24 Literature Cited 25 Tables F1 Figures Beattie Natural Resources Consulting, Inc. September, 2D60 . a Wildlife Report for Silt lights Subdivision l � LIST OF TABLES Page 25 Table 1. Species of amphibians for which existing or potential suitable habitat exists on the Native Springs 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 the Native Springs 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 Native Springs 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 Native Springs Subdivision as reported by the Natural Diversity Information Source. The status of individual species is r— also provided. 34 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. September, 2000 Wildlife Re ort for Silt He! hts Subdivision Pa • e iv LIST OF FIGURES F1 Figure 1. Vicinity map showing location of the proposed Native Springs Subdivision () in relationship to Silt, Colorado. F2 Figure 2. Lot layout for the proposed Native Springs Subdivision. F3 Figure 3. Natural Diversity information Source (NDIS) mapped suitable habitat for the canyon treefrog and New Mexico spadefoot on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F4 Figure 4. Natural Diversity Information Source (NDIS) mapped suitable habitat for the red -spotted toad on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F5 Figure 5. Natural Diversity Information Source (NDIS) mapped suitable habitat for the Great Basin spadefoot and northern leopard Grog on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the richt-hand box. F6 Figure 6. Natural Diversity Information Source (NDIS) mapped suitable habitat for the common kingsnake on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F7 Figure 7. Natural Diversity information Source (NDIS) mapped suitable habitat for the midget faded rattlesnake on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F8 Figure 8. Natural Diversity Information Source (NDIS) mapped suitable habitat for Ord's kangaroo rat, desert shrew, and dwarf shrew on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F9 Figure 9. Natural Diversity Information Source (NDIS) mapped suitable habitat for the kit fox on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F10 Figure 10. Natural Diversity Information Source (NDIS) mapped suitable habitat for the northern pocket gopher on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right -hared box. Beattie Natural Resources Consulting, Inc. September, 2000 Wildlife Report for Silt Fa.eights Subdivisions P�aee F11 • LIST OF FIGURES (continued) Figure 11. Natural Diversity Information Source (NDIS) mapped suitable habitat for Bata's pocket gopher on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F12 Figure 12. Natural Diversity Information Source (NDIS) mapped overall range for elk on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F13 Figure 13. Natural Diversity Information Source (NDIS) mapped overall range for mule deer on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F14 Figure 14. Natural Diversity Information Source (NDIS) mapped suitable habitat for the mule deer on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F15 Figure 15. Natural Diversity Information Source (NDIS) mapped winter activity areas far mule deer on the proposed Native Sprigs Subdivision. The proposed subdivision is bounded by the right-hand box. F16 Figure 16. Natural Diversity Information Source (NDIS) mapped activity areas for the mule deer on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F17 Figure 17. Colorado Division of Wildlife lynx potential habitat (m ) map. Source: www.ndis.nrel.colostate.eduiexcopiima esimapsilynx.jpg. F18 Figure 18. Natural Diversity Information Source (NDIS) mapped suitable habitat for the peregrine falcon, sage grouse, and southwestern willow flycatcher on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F19 Figure 19. Natural Diversity Information Source (NDIS) mapped suitable habitat for the bald eagle and ferruginous hawk on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right- hand box. F20 Figure 20. Natural Diversity Information Source (NDIS) mapped suitable habitat for the greater sandhi!l crane on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc. September, 2000 Wildlife Report for Silt hts Subdivision e vi LIST OF FIGURES (continued) a F21 Figure 21. Natural Diversity Information Source (NDIS) mapped suitable habitat for the Mexican spotted awl on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F22 Figure 22. Natural Diversity Information Source (NDIS) mapped suitable habitat for the whooping crane and mountain plover on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. F23 Figure 23. Natural Diversity Information Source (NDIS) mapped suitable habitat for the western burrowing owl on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc. September, MOO Wildlife Report for NatiSprings Subdivision 1 Page 1 INTRODUCTION Jim and Paul Luginbuhi have proposed development of the Native Springs Subdivision to the east of Rifle, Colorado (Fig. 1). The proposed development would allow 11 lots on 66 acres of land (Fig. 2). Land Design Partnership, on behalf of the developers. requested that ! prepare a wildlife report for the proposed subdivision. DESCRIPTION OF AREA The proposed subdivision occurs in a portion of Sections 2 and 11, T6S, R93W, 6th Principal Meridian, Gartleld County, Colorado. The general location is approximately 2 miles east of Rifle and 5 miles west of Silt. The proposed subdivision property is bound an the south by County Road 221, also known as Green Lane. On the west. County Road 210 creates par of the property boundary but separates a 2.4 acre tract from the rest of the property. The tract west of County Road 210 is very steep along the county road and rises to the west to near vertical rock bluffs. There is a very small area of gently sloping land at the top of the rock bluff. Dominant vegetation in the area south of the rock bluff is sagebrush, greasewood, and rabbitbrush. Below County Road 210, the slope drops 30 to 40 feet to the very gently sloping, irrigated hayfields that comprise the vast majority of the property. A large portion of the irrigation water for the property comes from the Grand River Ditch Company ditch with a lesser quantity from a spring above County Road 210. A buried irrigation pipe along the north boundary of the property and north/south centrally in the property provides the main distribution of irrigation water. An irrigation ditch along the east and south boundary of the property carries irrigation water to other downstream users. Beattie Natural Resources Consulting, Inc. September, 2000 Wildlife Report for Native S r�'rxgs Subdivision Parte • A small ditch running diagonally across the site to the southwest and down the west property line collects irrigation wastewater from this site and from the property to the north. This water is delivered to a culvert under County Road 221. The elevation of the proposed subdivision is approximately 5,400 feet. Ninety percent or more of the property consists of alfalfa and pasture grass that is irrigated by gated PVC pipes. A barbed wire fence surrounds the entire property and an interior barbed wire fences is oriented east -west near the middle of the property. Evidence of previous grazing by cattle occurs on the site. The proposed subdivision contains very few trees. Scattered Russian olive trees occur along perimeter and interior fences. Several small plains cottonwood trees occur along the northwestern boundary and three large cottonwood trees occur along the northern boundary. Two 5 -foot tali Siberian elm trees occur along the north boundary and abut a hayfield. With the exception of sagebrush, greasewood, and rabbitbrush that occur northwest of County Road 210 (open space) and between the Lower Cactus Valley Ditch and County Road 210, the site essentially contains no shrubland. The only wetland vegetation on the site occurs along irrigation and drainage ditches. The proposed development property does not have existing buildings or outbuildings. WILDLIFE FIELD SURVEY I conducted a wildlife field survey on the 66 -acre property on August 27, 2000. No reptiles or amphibians were observed. The only mammals observed were the yellow -bellied marmot and deer mouse (dead). I did observe sign of raccoons (tracks), skunks (tracks), cottontail rabbits (pellets, browsed pants), and mule deer (tracks, Beattie Natural Resources Consulting, Inc. September, 2000 Wildlife Report far hiativ rings Subdivision Palle 3 droppings). Raccoon and skunk tracks were located in the sagebrush-greasewood habitat along the Lower Cactus Valley Ditch. Deer tracks and droppings occurred at various places an the proposed development. Birds observed were the western meadowlark, American robin, turkey vulture, red-tailed hawk, kestrel, mourning dove, black -billed magpie, red -winged blackbird, killdeer, and northern flicker. 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 Native Springs Subdivision. Since 1984, Mr. Crane has lived in a house located approximately 3 miles east-northeast of the proposed subdivision. On May 26, 2000 J 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 Native Springs Subdivision to the Mamm's View Subdivision (they are 3 miles apart), and the fact that both subdivisions consist primarily of irrigated hayfields, ( will discuss some of the interview results as they may generalize to the Native Springs 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, starting, 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. September, 2000 Wildlife Report for Native Sprites Subdivision Page • • striped skunk, raccoon, and various species of small rodents (e.g. house mouse, deer mouse, meadow vole, thirteen -lined ground squirrel). l asked DWM Crane about concerns, primarily wildlife -related, he had about the proposed Mamm's View Subdivision. I believe that his concerns would apply to the Native Springs 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. 5. 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. I 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. Sem, 2000 Wildlife Re ort for Native 5 Subdivision i 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.nrei.calastate.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. I 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 4381158 E 263905, N 4380609 E 263905, N 4381158 E 264564, and N 4380609 E 264564. Tables 1-4 list species of amphibians, reptiles, mammals, and birds, respectively, for which suitable habitat is reported to exist on the Native Springs 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. September, 2000 Wildlife Re art for Nati Orin s Subdivision• Pale 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 (Fig. 3), Great Basin spadefoot (Fig. 5), New Mexico spadefoot (Fig. 3) , northern leopard frog, red -spotted toad (Fig. 4), and boreal toad (Table 1). I did not see or hear any amphibians in or near irrigation ditches on the proposed subdivision. 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 a very small portion of the northern edge of the proposed subdivision (Fig. 3). 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 Sift Mesa (Hammerson 1986:34). 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 Native Springs 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 lcdgepole pine, spruce -fir forests and alpine meadow areas. It has been found in shallow water or among sedges and shrubby willows where the soil is Beattie Natural Resources Consulting, Inc. September, 2000 11 Wildlife Resort for Native S s Subdivision Pa'e 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. NDIS mapped suitable habitat for this species on a very small parcel at the northern edge of the proposed Native Springs Subdivision (Fig. 5). The northern leopard frog typically inhabits the banks and shallow portions of marshes, ponds, lakes, reservairs, beaver ponds, streams and other bodies of permanent water, especially those having rooted aquatic vegetation. It also inhabits irrigation ditches and wet meadows. Developrnent of Native Springs Subdivision will not have a significant impact on the northern leopard frog if the irrigation ditches are left intact and if wetland areas are retained along the return flew ditch on the southern boundary of the property. Reptiles NDIS identified suitable habitat on the proposed subdivision for the following species of reptiles: common kingsnake, eastern fence lizard, many -lined skink, midget- faded rattlesnake, milk snake, racer, short homed lizard, longnose leopard lizard, night snake, and southwestern blackhead snake (Table 2). l 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. DWM Crane reported having seen garter, water, and gopher snakes in the general area. The eastern fence lizard, garter snake, water snake, milk snake and gopher snake are not considered endangered, threatened, or of special state concern. Beattie Natural Resources Consulting, Inc. September, 2000 Wildlife Rec7ort for Native Springs Subdivision Page 8 • The common kingsnake is a state species of special concern. NOIS mapped the entire proposed development as being suitable habitat for this species (Fig. 6). The common kingsnake ranges throughout the southern U.S. and northern Mexico. In Colorado it has been reported only for Montezuma and Otero counties (Hammerson 1986:92). Development of the Native Springs Subdivision will have no impact on the common kingsnake. The midget -faded rattlesnake is a state species of special concern. NDIS mapped approximately 70% of the proposed development as being suitable habitat for this species (Fig. 7). 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, Don Crane never saw a rattlesnake near the proposed development in the 16 years he lived in the area. Although the Native Springs Subdivision contains habitat suitable for the midget -faded rattlesnake (particularly the sagebrush-greasewcod hillside north of County Road 210), 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 Native Springs 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. Beattie Natural Resources Consulting, inc. Septsmber, 2000 Wildlife Report for Native Springs Subdivision • sagebrush, greasewcod, saltbrush). Don Crane did not observe this species in the general area encompassing the proposed subdivision. Although Native Springs Subdivision contains a small acreage of habitat suitable for the southwestern blackhead snake, in my opinion the species does not inhabit the area and thus will not be affected by development. Mammals NDIS identified suitable habitat on Native Springs Subdivision for 33 species of mammals (Table 3). Black bears are rarely sighted in the area and mountain lion occurrences are extremely rate. DvVM Crane did not foresee any potential conflicts between residents of the proposed subdivision and bears and lions. Suitable habitat is mapped for Botta`s packet gopher (Fig. 11) and the northern pocket gopher (Fig. 10). I 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), Bata'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 (Fig. 8). 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 Beattie Natural Resources Consulting, Inc.September; MOO F r r r i c Wildlife Report far Native Sarinas Subdivision Pane 10 • and bushes, and also use these areas for feeding platforms and observation posts. Some of these habitat features are present on the Native Springs Subdivision. I did not observe the least chipmunk during my field survey. Although ver, marginal 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 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. DWM Don Crane has observed bats aver the years feeding in the general area. They are likely big and little brown bats. Development of Native Springs 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 Beattie Natural Resources Consulting, Inc. September, 2000 Wildlife Report for Nati rin s Sut�di�ision property. The kit fox can be found in extreme southwestern Garfield County along the Utah border but does net occur on Silt Mesa. The Canada lynx is a federally threatened 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 Iynx were released near Pagosa Springs in February 1999 and an additional release was made in the same area this past winter. Same 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, iodgepole pine clearcuts, limber pine, white fir, bristlecone pine, mixed conifer, mixed forest, and shrub tundra. The proposed Native Springs 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 Native Springs Subdivision lies outside of potential lynx habitat identified by the CDCW (Fig. 17). Development of Native Springs Subdivision will have no direct impact on Iynx 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 irrigation ditches. The house mouse, deer mouse, and meadow vole are not 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 mcuse and white-tailed Beattie Natural Resources Consulting, Inc. Septornber, 2000 Wildlife Report for Nativ•rings Subdivision Paqe 12 antelope squirrel is southwest of the proposed development. The white -throated woodrat is largely confined to southeastern and southwestern Colorado. In my opinion, development of Native Springs 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 ccnsidered deer overall range, deer winter range, and a deer resident population area (Figs. 14, 15, 16). The site for the proposed subdivision does not constitute critical mule deer habitat (Figs. 14, 15, 16). Because of the virtual absence on the property of trees and shrubs, mule deer do not bed down during the day on the site. Daytime resting and hiding areas are on the pinyon -juniper mesas to the north-northwest of the proposed development. in the evening, deer move off the mesas and hillsides, cross County Road 210, and feed on the alfalfa and grass fields on the site. The acreage available for foraging by mule deer will be reduced following development. However, in my opinion, deer in this area are not limited by a lack of food. The rear portion of each lot is protected from development. Mule deer will feed in these areas at night 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 Native Springs Subdivision will not have a significant impact on critical habitat for any mammal species. The area is monotypic (irrigated grasslands and alfalfa) and lacks structural density (e.g. ground layer, shrub layer, subcanopy,. canopy, rock outcroppings, downed logs, different -aged vegetation). It does not support a significant number of mammal species or a large number of individuals. Beattie Natural Resources Consulting, Inc. September, 2000 Wildlife Report for Nativ fin s Subdivision Page 43 Birds NDIS identified suitable habitat on the proposed subdivision for 73 species of birds (Table 4). I 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 (Fig. 11). 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. Dan Crane has occasionally seen bald eagles flying over but not landing in the general area. 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. The Native Springs 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. Dan Crane has observed sandhill cranes in the area aver the years but considers them very uncommon. Migrating sandhill cranes may use the undeveloped grasslands on the rear Portion of lots during migration. Beattie Natural Resources Consulting, Inc_ September, 2000 Wildlife Report for Natprings Subdivision Page 14 NDIS identified suitable habitat for the federally and state threatened Mexican spotted awl on the site (Fig. 8). This species occupies two distinct habitat types in Colorado. The first consists of large, 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 microclirnate, generally with a closed canopy and/or on a norm -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 an 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, long -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 are very scarce on the proposed Native Springs Subdivision. l 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 awl 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. September. 2000 . 4 E Wildlife Report for Nati rings Subdivision a 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 Native Springs 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 an 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 Siit and Rifle. Don Crane has not observed whooping cranes on Siit Mesa. Development of Native Springs Subdivision will primarily affect bird species associated with grassland habitat (e.g. ring-necked pheasant, western meadowlark). Grasslandlhayland is abundant on Silt Mesa and displaced birds can easily find suitable habitat. If natural areas outside of building envelopes, lawns and outbuildings, and driveways on lots in the Native Springs 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 any federal or Colorado threatened or endangered vertebrates, or Colorado species of special concern, which would be negatively impacted by the proposed subdivision. Beattie Natural Resources Consulting, Inc. September, 2000 Wildlife Report for Nati crin s Subdivision Pa a 16 DOGS AND PET CONTROL Free -roaming Cogs can have a substantial impact on deer. Free -roaming dogs include dogs normally around residences and occasionally wandering of 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. I recommend the following control measures for Native Springs 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 ofa dog owner's lot, C. When outside a resident's lot on Native Springs 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: . 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 Beattie Natural Resources Consulting, Inc_ September, 2000 Wildlife Report for Nativ r n s Subdivision Page 17 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. 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 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 resume following a brief or temporary cessation. G. All dogs should be licensed as required by law. H. No dog should threaten public safety. 1. 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 oris 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 Native Springs Subdivision Homeowners Association (HOA). FENCES Fencing an 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 Beattie Natural Resources Consulting, Inc. Septeirnbor, 2000 r r r. i C C l Wildlife Report for Natidiprings Subdivision MEW • Page 18 should be a 12 -inch separation between the top 2 rails/wire. Chain link 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 Native Springs 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 cr 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 GROW. ADDITIONAL RESTRICTIONS/REQUIREMENTS Indemnification The Native Springs Subdivision Homeowner's Association should waive and hold the C©0W harmless from any and all claims far damages to landscaping improvements, fencing, ornamental and native plants, and garden plants resulting from the activities of wildlife. Disposal of Animal Carcasses The HOA and let owners should be responsible for the removal and disposal of all animal carcasses (e.g. deer, raccoons) located upon the subdivision. Beattie Natural Resources Consulting, Inc. September, 20010 i Wildlife Report for Nati�orings 5ubdir►isiora ` Page i9 SecuringHa Some residents may goose 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 Native Springs 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 who will be residents of the Native Springs 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 Native Springs Subdivision Homeowner's Association should be empowered to enforce covenants, conditions and restrictions for the subdivision. In the event that 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. Beattie Natural Resources Consulting, Inc. September, 2000 Wildlife Report for Nati ❑rin s Subdivision Page 20 2. If a second offense occurs by an owner of the same type of violation ar 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 (ar as otherwise set forth in the homeowner documents of the Association). Rules and laws of Garfield 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 Beattie Natural Resources Consulting, Inc_ Septenrt r, 2000 Wildlife Report for NateSprings Subdivision . Page 21 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 Native Springs Subdivision will affect birds and small mammals associated with grasslandlhayiand (e.g. western meadowlark, western kingbird, cottontail rabbit, deer mouse, meadow vole) and will affect mule deer. Because of the widespread availability of grasslandlhayiand on Silt Mesa, the Native Springs Subdivision will not cause population declines of these birds and mammals. Foraging areas for mule deer will be reduced. However, mule deer will still have access to nearby undeveloped grasslandslhaylands and shrublands on Silt Mesa. The prey base for coyotes, foxes, skunks, raccoons, crows, red-tailed hawks and owls will be diminished. Beattie Natural Rescurcas Consulting, Inc. September, 2000 -e 22,Wiidiite Repan for Matkkllprin s Subdivision Page 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, Eibl-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 arid 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 breeding/nesting. 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. 1 anticipate that many of the existing species of wildlife on the proposed Native Springs Subdivision will acclimate to the presence of humans and to changes in habitat. A 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, existing wildlife species should still maintain a presence on the development. Many affected species will relocate to undeveloped areas of the development. Development Beattie Natural Resources Consulting, Inc. September, 2000 r C Wildlife Reoort for Nati rin s Subdivision Paca 23 of Native Springs Subdivision will not result in the loss of critical wildlife habitat, nor will it affect wildlife migration corridors. Retaining existing 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 the Native Springs Subdivision will have a local affect an individuals of common species of grassland 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 loss of species viability within a wider area, nor cause a trend to federal or state listing or a loss of species viability rangewide. Beattie Natural Resources Consulting, Inc. September, 2000 r r L Wildlife Report for Nati prings Subdivision . page 25 Table 1. Species of amphibians for which existing or potential suitable habitat exists on the Native Springs 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 Canyon treefrog Great Basin spadefoot New Mexico spadefcot Northern leopard frog Red -spatted toad Boreal toad Hyla arenicolor Spea intermontana Spea multiplicata Rana pipiens But punctatus Bufo boreas bareas X x X X x X Beattie Natural Resources Consulting, Inc. Septsmbsr, 2000 Yvi�ulife �►u�rt k1 �rwtlVe ,I1J1wigs Table 2. Species of reptiles for which existing or potential suitable habitat exists on the Native Springs 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 SpeciesStatus1 of Special Concern S1 .... Cornrnon kingsnake Lamprapeltis getuula Gambelia wisli'zenii Sceloporus undulatus ____� __ _._X Longnose leopard lizard Eastern fence lizard Midget faded rattlesnake Crotalus viridis concalor X Many -lined skink Eumeces multivirgatus Milk snake Lampropeltis triangulum Night snake Hypsiglena torquata S3 Racer Coluber constrictor Short -horned lizard Phrynosorna hernandezi Southwestern blackhead snake Tanfilla hobartsmllhi X S3 C2 C2 = Listed by U.S, Fish and Wildlife Service as a Category 2 candidate in review. Si , Listed by the Colorado Natural Heritage Program as state critically imperiled. 53 = Listed by the Colorado Natural Heritage Program as state rare. Beattie Natural Resources Consulting, inc. September, 2000 Wildlife Report for Native Springs Subdivision Page 1r Table 3. Species of mammals for which existing or potential suitable habitat exists on the proposed Native Springs Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided. Common Name A nierican Sciientific Name Big free -tailed bat Bighorn sheep Black bear Botta's pocket gopher Brazilian free -tailed bat Cliff chipmunk Cereus elaphus Nyctlnomops macrotis Ovis canadensis Ursus americanus Thomomys bottae Tadarida brasiliensis Federal Threatened or Endangered Desert shrew Dwarf shrew Fringed myotis Tarnias dorsalis Notiosorex crawfordi Sorex nanus Golden -mantled ground squirrel Great Basin pocket mouse Kit fox Least chipmunk lynx ..� — Merriarn's shrew Moose _... --- - Mexican vole Mountain lion Mule deer Myotis thysanodes Spermophilus lateralis Perognathus parvus Vulpes macrotis Taenias minimus Lynx Canadensis Sorex merriami Alces aloes Microtus mexicanus Threatened Fells concolor t clocoileus hemionus Northern pocket gopher Thomornys talpoides State Threatened or Endangered Endangered Endangered Beattie Natural Resources Consulting, Inc. State Species of Special Concern Status' S1 C2 _S 1 S3 S2 S3 S3 S3 S2 S2 S1 S2 SI 53 S3 S2 September, 2000 Wildlife Report far Native springs suudivision l � • -Pacgt col Table 3. Species of mammals for which existing or potential suitable habitat exists on the proposed Native Springs 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 S2 Northern river otter Luta/ Canadensis Endangered Ord's kangaroo rat Dipodomys ordii Pronghorn Antilocapra americana S3 Silky pocket mouse Perognathus flavus sanluisi Euderma maculatum Spermophllvs tridecemlineatus X X Spotted bat 52 C2 Thirteen -lined ground squirrel Townsend's big -eared bat Plecotus townsendii pallascens X S2 C2 Western harvest mouse Reithrodontomys megalotis megalatis Ammospermophilus leucurus X S2 White-tailed antelope squirrel X S2 White-tailed deer Odocoileus virginianus X X White -throated woodrat Neoloma albigula bre vita uda Myolis yumanensis 32 33 C2 Yuma myotic ' C2 -- -- Listed by the U.S. Fish and Wildlife Service as a Category 2 candidate in review. S1 -- Listed by the Colorado Natural Heritage Program as state critically imperiled. S2 -- Listed by the Colorado Natural Heritage Program as state imperiled. 33 -- Listed by the Colorado Natural Heritage Program as state rare. Beattie Natural Resources Consulting, frac. September, 2000 rvisuiife htabutt foi Native oft legs auutlivis.uii !foga cat Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Native Springs Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided. Common Name Scientific Name Federal State State Species Status' Threatened or Threatened or of Special Endangered Endangered Concern American peregrine Fa/co peregrinus Fantatttm falcon 5213 American redstart Setophaga S1B X S1B American white pelican Pelecanus erythrorhynchos American wigeon Anas americana Bald eagle H-laliaeefus leucocephalus Threatened Threatened S1B X S2B Barrow's goldeneye Bucephala is!andica Black swift Cypseloides niger _ S3B Black -crowned night heron Nyclicorax nycficorax S38 S3B Black -necked stilt Himantopus mexicanus Black -throated gray Dendroica warbler Black -throated sparrow Amphispiza bilenafa S3B Blue grosbeak Guiraca caerulea Blue -winged teal Anas discors BobolinkDolichonyx s343 --- - - Boreal owl -� Aegolius funerous _ Brewer's sparrow Spizella brewer! Bufflehead Bucephala albeola S1 B Canada goose Brenta canadensis Canvasback Aythya valisineria 5213 Beattie Natural Resources Constrlti ig, Inc. September, 2000 State Threatened or Endangered aw�a�ife kejrt for a , os Suu►livis+uii Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Native Springs Subdivision as reported by the Natural Diversity information Source. The status of individual species is also provided (continued). Common Name Chestnut -collared Iongspur Chestnut sided warbler Cinnamon teal Dickcissel Eared grebe Eastern phoebe Ferruginous hawk Scientific Name Calcarius ornaters Field sparrow Flammulated owl Forester's tern Gadwall Grace's warbler Grasshopper sparrow Gray vireo Great blue heron Great egret Dendroica pensylvanica Anas cyanoptera Spiza Americana Podiceps nigricollis Sayornis phoebe Buteo regalis Federal Threatened or Endangered Spizella pusi!a Otus flammeolus Sterna forsteri Anas sfrepera Dendroica graciae Ammodramus savannarum Greater sandhill crane Green heron Green -winked teal Hepatic tanager Horned lark Viroe vicinior Ardea herodias Ardea albus Grus canadensis fabida Butorides virescens Anas crecca Piranga flava Eremophila alpesiris State Species of Special Concern Status' S113 SSB S2B S3B 3113 8213 Beattie Natural Resources Consulting, inc. September, 2000 Wildlife Report for Native Springs Subdivision •Pace t Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Native Springs 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 Tmm State Threatened or Endangered State Species of Special Concern Status Lark bunting Calamospiza rnelanocorys Lesser sandhill crane Grus canadensis canadensis Lewis woodpecker Melanerpes Long -billed curlew hlumenius americanus X S2B Mallard Anas piatyrhynchos _ Marsh wren Cistothorus palustris Sag Merlin Falco columbarius Merriam's wild turkey Meleagris gallopavo merriami Mexican spotted owl Strix occidentalis Iucida Threatened Threatened S 1 E3 Mountain plover Charadrius montanus X S2B C Northern goshawk Accipiter gentilis — S3B C2 Northern harrier Circus cyaneus S3B Northern pintail Anas acute - Northern shoveler Anas clypeata Osprey Pandion haliaetus S313 Purple martin Progne subis S3B Red -eyed vireo Vireo olivaceus - S3B Red-headed woodpecker Melanerpes erythrocephalus S3B Ring -billed gull Larus delawarensis Ring-necked pheasant Phasianus colchicus Ruffed grouse Bonasa umbellus Beattie Natural Resources Canso/ling, Inc. September, 2000 • • Wildlife Rept For Native Springs Subdivision ....1 -1 �.. - t Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Native Springs 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' _ --_-__ Rufous hummingbirdSelasphorus nabs Sage grouse Cenlracercus urophasianus urophasianus X Sag Sage sparrow Amphispiza belli S3B Scott's oriole !clews parisorum 5113 Short -eared owl Asio flammeus S2B Snowy egret Egretta thula S2B Southwestern willow flycatcher Empidonax trailii extimus Endangered Endangered Swainson's hawk B uteo wainsoni - Threatened Three -toed woodpecker Picoides tridactylus Western burrowing owl While -faced ibis White-tailed ptarmigan Athena cunicularia hypugaea C2 Plegadis chihi S2B C2 Lagopus leucrus altipetens Lexis leucoptera White -winged crossbill s._ Si B Beattie Natural Rosa/aces Cons -tilting, Inc. September, 2000 • • wi�aiife iteport far native ter„ alga �uudiyis��„ -.1Pad "'""— Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Native Springs Subdivision as reported by the Natural Diversity Information Source. The status of individual species is also provided (continued). Common Name Whooping crane Wlllet Scientific Name Williamson's sapsucker Grus Americana Catoptrophorus semipalmatus inornatus Sphyrapicus thyroideus Federal Threatened or Endangered Endangered State Threatened or Endangered Endangered State Species of Special Concern Status' -' S1B ' 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. September, 2000 • f f r^ t Wildlife Report far Na ' S rings Subdivision • Page 34 Table 5. Colorado fisting of endangered, threatened and wildlife species of special concern. Common Name Scientific Name Status' 1• Fundulus sciadicus SC rFish Gila pandcra ; SC Bony -rail Gilaelegans FE, SE Razorback sucker Xvrauchen texanus FE, SE Humpback chub Gila cypa FE, ST Colorado pikeminnow Ptychocheiius luaus i FE, ST Greenback cutthroat tout Oncorhycnhus clarki sotmias i FT, ST Rio Grande sucker 1 Catostomus plebeius ! SE Lake chub Couesius plumbeus ! Se Mains minnow j Hybognathus placitius SE Suckermouth minnow ; Phenacobius mirabilis SE Northern redbelly dace Phoxinus ecs , SE Southern redbelly dace Phoxinus eryrhrogaster SE Brassy minnow Hyaognathus hankinsoni ST Common shiner Luxilus cornutus ST ,Arkansas darter Etheostoma cragini ST Bluehead sucker Catcsrcmus discobolus SC Ronne#mouth sucker Catostomus latipinnis Mountain sucker Catostomus platrhynchus Plains orangethroat darter Etheostoma spectible SC SC SC Iowa darter ±tr eosroma exile Jl.. Plains toprninnow Fundulus sciadicus SC Rio Grande chub Gila pandcra ; SC Colorado roundtail chub 1 Gila robusta . SC Speckled chub , Arlacrhybcpsis aastivalls tetranemus , SC River shiner 1 Notropis blennius + SC Stonecat . Noturus flavus 1 SC Colorado River cutthroat trout i Cncorhynchus clarki pleuriticus SC Rio Grande cutthroat trout 1 Oncorhynchus clarki virgina/is ' SC Flathead chub PIatygobia gracilus SC Amphibians Boreal toad Bufo boreas bcreas SE Northern cricket frac Acns crepitans SC Great Plains narrowmouth toad Gastraphryne dllvacea SC Beattie Natural Resources Consulting, Inc_ September, 2000 Wildlife Report for Nati rin s Subdivision Page 35 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern (continued). ----Common Name Scientific Name Status Amphibians (continued) r Canyon treefrog rNorthern leopard frog I Plains leopard frog Couch's spadefoot Great basin spadefoot Spea intermontana New Mexico spadefoot Spea multiplicata Hyla areiccicr SC Rana pipiens ' SC Rama blain ; SC Scaphicpus courchii SC SC SC Reptiles Midget faded rattlesnake Longnose leopard lizard Crotalus virrdis concolor + SC Gambelia wislizerrii i SC Yellow Mud turtle Kinosterncn flavenscens ', SC Common kingsnake j Lampropeltis getula 5C Texas blind snake Leptotyphlops dulcin SC Texas horned lizard P hrynosorna ccrnutum SC Desert spiny lizard Sceloporus magister SC E Massasauga Sisrrurus catenatus j SC Birds American peregrine falcon Whooping crane Least tem Southwestern willow flycatcher Plains sharp -tailed grouse Piping plover Bald eagle Mexican spotted owl Western burrowing owl Greater sandhill crane 1 Lesser prairie chicken Barrow's goldeneye Ferruginous hawk Gunnison's sage grouse I Northern sage grouse Western snowy plover Mountain plover Long -billed curlew White pelican Falco peregrinus anatum SC Grus americana tabida FE, SE Sterna antillarum athalassos 1 FE, SE Empidonax tralllii extimus I FE, SE Tyrnpanuchus phasianellus jamesii SE Charadrius melodus circumcinctus 1 FT, ST Haliaeetus leucocephalus ! FT, ST Strrx occidentalis lucida 1 FT, ST Athene cunicularia 9 ST Grus canadensis Tyrnpanuchus palldicinctus Bucephala islandica Buteo regalis Centrocercus urcphasianus subspp. Centr©cercus urophasianus subspp. Charadrius alexandrinus Chardrius montane Nurnenius americanus Pelecanus erythrorhynchos !SC ST 5C j SC SC SC SC SC SC SC Beanie ,Natural Resources Consulting, Inc. September. MOO Wildlife Report for Nativ ❑rin+s Subdivision a 36 Table 6. Federal threatened and endangered species reported for Colorado. n Common Name Grizzly bear Bonytail chub Scientific Name Status Lirsus arctos Threatened Endangered Gila elegans Humpback chub Whooping crane Bald eagle ' Gila cyoha Grus americana Haliaeetus ieucocephalus Endangered Endangered Threatnened Buck -footed ferret Southwestern willow flycatcher Preble's meadow jumping Zapus hudsonius preblei mouse Mustela nigripes Empidonax traillii extimus Lynx Mexican spotted owl Piping plover Colorado squawfish Razorback sucker Least tern Endangered Endangered Threatened Lynx Canadensis Threatened Strix occidentalis lucida Threatened Charadrius melodus Threatened Ptychochellus Lucius Endangered Xyrauchen texanus Endangered Sterna antiilarum Endangered Greenoack cutthroat trout Cnccrhynchus clarki stomias Threatened Gray wolf Canis lupus Endangered Mancos milk -vetch Astragalus humillimus Endangered Osterhous milk -vetch Astragalus osterhoutii Endangered Clay -Irving wild buckwheat Ericgonum pelinophilum Endangered Penland alpine fen mustard Eutrema penlandii Threatened Dudley Bluff's bladderpod Lesquerella congesta Threatened Knowlton cactus Pediocactus knowltonii Endangered Penland beardtongue Penstemon penlandii ", Endangered North Park phacella Phacelia formosula Endangered Dudly Bluffs twinpod Physaria obcordata a Threatened Threatened Unita Basin backless cactus Mesa Verde cactus Ute ladies' -tresses Sclerocactus glaucus Sclerocactus mease verdae Threatened Scrianthes diluvialis Threatened Beattie Natural Resources Consulting, Inc. September, 2000 .o r 1 Wildlife Report for the N Sorin s Subdivision Plge Fl ' 's •••• • -` •`, .7., •• ..... / .1 ,.. •-, r:,,,,, 1 ...1 . y \ / t • (---- 1- ., ; :.- 21. ,.,... 1 —73Eri. ' .,..,!.... , 1 .J , !TY' \ .4..,,ki, C.'N'7,r:'•U I ,.....:. \:‘ •-.. )4: s ':. 1 . 'L '' L-) ,.-i 2 1. '• .., . /I.:. • -+...: \ •-F 1-',..y -' r.' -+--;:".-4 +r, -1 ‘4 ,„ .-- _.. --,,7.-2,--('• „ • r r • """. • . „.• . • 1 ." • . % •rr . Fr • v ;.^.-",4 • , • , , • + N"..217 ../ ., ) : 21:.. ',..4.....' .—.'7--z".+•-_,,-.1•..-; 7,-'--- ; :-i"....,..6.--- ,..,..7-i • ^0-1: ' ,L,,,. ,.•---• \--, n 177 '. i • i - '-•••,...1/ .. 4 ( -'.. '•,:, .:.,-",-' • • • .' "'---, ':. t'''Z-•'/ I ,-"••• Y-1. -.-....ii, 5,-': i:j;'" P-1-•-•-•1,..,, ...7+/: Proposed Native -7.--')-Zt------t:---.L1-:',----- -, . . Springs Subdivision • 3 .......... ... -r7 "tr! :a 71: • •••• • 1 .1 -.At Figure 1. Vicinity map showing location of the proposed Native Springs Subdivision (cm ) in relationship to Silt, Colorado. Beattie Natural Resources Consulting, Inc. September, 2000 r a1Lr f Wildlife Report for the Native Springs Subdivision PE • / 1•' / r tr• "/ :/ '•--•. , 74, LOT A. ▪ 5.43 a 5 afro ;Kr. :r7 r}11 - of acs:Ri2-Z: J-14- . '••:' lur-::•42 . L PA' LO 6 LOT 5 „,6/.28 ac. 6.30 a.c. .17.- I :411.1f 1 r.............. ,... 74"-c ,,- A 0. 6r „.; 1:7,. L,,,,,,„.. ... -_, i.: 5,1 .71 ac. '''''.... / , --- '-,,, ! 1 I. • r __, ... • , •_.. •-; .7.. . ..-r.: i• 'Z• ..t1.! • r : , -------''—"—'—'7M ,M ---S--------7 5.17 a.3. , = I. ,-- ..., z, . 3. 3 LOT 10 T.., 0T:107T L - I rE - - 0 _. A ! t Zi- 5.17 ac. ,.. .... ;/ 2; LOT 5.17 ac. et LOT. 11 5.17 a.c. LOT -1'- 5.17 ac. 111121" r2.4r Figure 2. Lot layout far the proposed Native Springs Subdivision. Beattie Natural Resources Consulting, Inc. Saptember„ 2000 Wildlife Re art for the Native S•rin•s Subdivision Pa F3 County Occurrence fugm Knouun to Occur l—i Lkate to occur Suitable H abitat User -Defined Area County 9oun#ares L iHighuuays Figure 3. Natural Diversity information Source (NDtS) mapped suitable habitat for the canyon treefrog and New Mexico spadefoot on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc. September, 2000 G Wildlife Report for the lir Springs Subdivision Page F4 County Occurrence Known to Occur ri Lkeh/to Occur Suitable H abitat User -Defined Area. County 3oundanes Highways • • Figure 4. Natural Diversity Information Source (NDiS) mapped suitable habitat for the red -spatted toad on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc. September, 2000 r Wildlife Report for the Native SarinEs Suuc:4 s on • Pace =D County Occurrence IOW Known toOccur Lkeyto Occur Suitable H 3bitit User -Defined ,area County Boundaries , L 1 . Figure 5. Natural Diversity it-- ::cr Source S -ec T. -3_73: _ _ .a. _. Great Basin soade-c._- _ ,, r.�,er- : Springs Subdivisic^ - e _ c cCSeC box. Beattie Natural Resources Cons.: r .. . Wildlife Report far the Native Page F5 • • F• County 0ccurrence lw Kn ow n to 0 cc u r E.keto 0ccur f 1 SuitaOle H abitat User•Datined Area County 9oundaries L Highways Figure 6. Natural Diversity Information Source (NDIS) mapped suitable habitat for the common kingsnake an the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. talk Seattle Natural Resources Consulting, Inc. September, 2000 r Wildlife Re art for the Native Sarin County Occurrence 1.11111 Knawn to Occur Lkely to Occur Suitable H abitat User -Defined Area County 9oundaries Highways s Subdivision Pa•e F7 Figure 7. Natural Diversity Information Source (NDIS) mapped suitable habitat for the midget faded rattlesnake on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, inc. September, 2000 X: L Wildlife Rpart for the N ive S rin s Subdivision County Occurrence Known to Ocour UkeNr to Occur Suitable H abit3t User•Oerined Area County Boundaries r I Highways 1 Figure 8. Natural Diversity Information Source (NDIS) mapped suitable habitat for Ord's kangaroo rat, desert shrew, and dwarf shrew on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc_ September; MOO y • Y i L Wiidlife Re ort for the Native S ri n s Subdivision Page F9 County Occurrence In Known toOccur F-7 [.ke'to Occur Suitable Habitat 0 User -Defined Area 2. County $oundaries Figure 9. Natural Diversity Information Source (NDIS) mapped suitable habitat for the kit fox on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc. September, 2001 Wildlife Report for the Native Sc sic'_ • P.3C9 Fi,a aunty Occurrence Kn ouu n `,o 0 cc u r F-1 Lice kr to Occur Suitable H atritat User.Ctefinsd Area County 9oundaries Highuuay5 Figure 10. Natural Diversity northern pocket .. _ r _ r : , s proposed suddivls Beattie Natural Resources Cons.. Wildlife Re ort for the Native 5 ren s Subdivision Page F11 County Occurrence Known toOccur Lketyta Occur Suitable Habitat User-Oerined Area ti County Boundaries Mighways Figure 11. Natural Diversity Information Source (NDIS) mapped suitable habitat for Botta's packet gopher on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natures! Resources Consulting, Inc. September, 2000 r 1 L r t Wildlife Report for the ',a -- : Page F12 • • Overall Activities Overatl R ange Us er- D efined Area County 9 oun daries L H ig hull a ys Figure 12. Natura D.• S range for eik on the 7 \H -",":L. •s =7:7.osed subdivision is bounde.c Beattie Natural Resourc- : - S.2crernber; 2000 Wildlife Report for the Na: • Overall Actvrties Overaif R ange User.° elined Area County 9oundaries hu jyS Pace F'73 Figure 13. Natural Dive -3. deer on the is boundec Beattie Natural Resource Wildlife Re ort for the Na ... County Occurrence Eg Known to Occur LkeiV to Occur Suitable Habitat !Pi sr•D'tuned Area County Boundaries eiighways Figure 14. Natural Diversity H. mule deer on the c _..._ s _ subdivision is �.. . Beattie Natural Resources Cer•, • r y•f Wildlife Re • ort for the N res JuCCIV;s ori 1111 inter Activities Severe W inter Range Winter Concentration :.rt a Winter Range User -Defined Area ,'\ / 4r County Boundaries Highways •f\ / r,ce F15 Figure 15. Natural Dive -s : - Z,.:o for the mule -- �r�� ss: ^,.,. _ `ur subdivision Cr:-r.,a.n.; C Beattie Natural Resources Other Activities Concentration Areas 11.1 Highway Crossing Lm+ted Use Area '�\\1 Migration Corridor fill Resident?opufationAre User- Defined Area County Bounds €i es rk ig sways Wildlife Resort for the Native springs Subdivision • Page F16 1 Figure 16. Natural Diversity Cnfcrmation Source (NDIS) mapped . c,iviny areas for the mule deer cn the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc. September, 2000 L Wildlife Report far the Native Su sion 411/ • Page F17 Figure 17. Colorado 2i% s _ a .ynx potentia! habitat ( ) map. Source: WWW - = s -_-,state.edu/excoofirnages/maps/lynx.jpg. Beattie Natural Resources Ccrs:;.. September, 2000 Wildlife ReQort for the Native Sarin s Subdivision Pa•e F13 • County Occurrence - Kn own to fJ coo r c.kely to Occur I Suitable H abitat User•Oefined Area County 9oundaries Highways Figure 18. Natural Diversity Information Source (NDIS) mapped suitable habitat for the peregrine falcon, sage grouse, and southwestern willow flycatcher on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc. September, 2000 Wiidl�fe Report $ar thee Scr:r�s _S,Cn County Occurrence Known to Occur Lk eke to Occur User -Defined Area County Boundaries Figure 19. Natural Diversity _ bald eagle and -e... Subdivision. The _ _ _ _ y .. _•_ ~ _ Beattie Natural Resources Ca- County Oocurrenor Knawn to Occur Lkety to Occur r 1 Suitable Habitat User -Defined Area b� a u d E_1 Burda rtes Highways / rl, Figure 20. Natural Diversity Information Source (NDPS) mapped suitable habitat for the greater sandhill crane on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie .fatural Resources Consulting, inc. September, 2000 1 t r: Wildlife Report far the Native Springs S�sbci_ i tOfl _ Page F21 County Occurrence MI Known to Occur n Lkedyto Occur Suitable H abitat User -Defined Area County Qaundaries H ig hw a ys / v Figure 21. Natural Diversity Information Source (NDIS) mapped suitable habitat for the Mexican spotted owl on the proposed Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc. Septembor, 2000 Wildlife Re ort far the Native Sarins Subdivision Pa«e F22 County occurrence - XII own to 0ecur Lk a y to Occur Suitable Habitat User -Defined Area County Boundaries Highways r f \J Figure 22. Natural Diversity information Source (NDIS) mapped suitable habitat for the whooping crane and mountain plover on the proposed ,Native Springs Subdivision. The proposed subdivision is bounded by the right-hand box. Beattie Natural Resources Consulting, Inc. September, 2000 r 7,75 C Wildlife Report for the Native Sc - County Occurrence ® Known to Oocur t.kahy to Qccur Suitable H abitat i .771 User- )efined Area County 9aundaries Highways ! `i gs 5LLD :Iv jlC3n rade F23 Figure 23. Natural Diversity 7, western burrowinc :i _ - - �.'�C:s _c proposed subdiv!sd Beattie Natural Resources Cor. PROTECTIVE COVENANTS r C C DECLARATION QF PROTECTIVE COVENA.N'-'S FOR NAT TM: SPRINGS SUED IVISION JAMES LUGZNBUEL and PAUL LUGENHUHL, as the fee owners of Na=ive Springs Subdivision (Subdivision), desiring to insure the development r and cor._in';i:_f of :he EL:Od.Lvision a3 a residential subdivision, '... Nom ._. _ • _ _ _ s J .7 1 _ = d c - -----=z- . V I n ..., r ,... _ _ _ z = � ... . �.. .. . 35-33.3-101r e: sou ) fo_ t e _ successors, leges representatives, assigns and grantees, hereby to and for the benefit of al; persons who may hereafter purchase and from time to time own lots i:: tne Subdivision that said ownership and holding of said lots shall be subject to the following protective covenants and conditions, all of which shall be deemed to be appurtenant to and run with the land and inure to the benefit of and be binding upon. the owners of said Lots, their heir, successors and assigns. ARTICLE 1 DEs INITIONS 1 .qs Subdivision. Whenever the perm "SLIc.i . is' y_.,rr _3 used i.. w:J'%e..__.~,`�.a .: :h=� _wn .] =... Nom. ` lam' V . .,;.;L7:. os "" =o , ant as ?sc.r Od 'n= o �t f .1ec _ ;ecor ...y'ys j-V._...:y Cle�.Cy�.. :..: ^..�.. .. acoria a.. Rar:a'"t:1 3 No eSu:od- r _3_.u.. shall cc .f :e known as "Native Springs Subdivision" and thehomeowner's a:3CCiat' on shall be known by _ha: 2. Residence. The _es= "Res_cenoe" as used _`ar.._:: .."ail mean family c:v__^__ ^3 or. "v" a '.t ex,o1,_::.e a;a_ _tea: _ houses, condom n_umsl and _ dwelling place ~containing more than one (1) family unit. 3. Residential Purpose. The term -Residential Purpose" as used herein shall be construed and held to include the use oz a residence as a home and principal dwelling place by the owner thereof. Rental of said unit shall be permissible if rented by a. single family. 4. Family. The term "single family" shall .;lean a household composed of (i) no more than two (2) orinci sa.. adults, . _) the children of one or Doth of said principal adults, and(iii) no more additional family principal r] children; Who are than two (2) add_tiornal Jami.__ mWe:nb s (adults or children, related by blood to said principal adults. For purposes hereof, "related by blood" shall :Wean the following relationships: grandparents, parents, brothers and sisters, aunts and uncles and nephews and nieces. S. Association. The term "sac"- or." shall mean the Native Springs Homeowners' Association. The Association shall be a not-for- profit om for-.pro:i_ Colorado _oroor3t_on formed for the purpose ,.r ocer,at..ng the homeowner's assor--z.bn with the aubo.ivis on. r� of the • • Board. cern "Board" s-:•=17 a==n t Association. - d. -=--tors 7. Common Area. _h for"^ y.�..om.�.� Area" s`-.�__ .....w.. a pa:rce. r=dorde .. .. ,+sip } as,v .Y r :ee.. ,5y+...t_.. area J^Ja_' be v^= v..i n F.wnn 3.�_ the by e • _w Vn trustee for l of Lots ,.^. the Native f fir? Association a] t.� all owners Borings Subdivision. ARTICLE TI B>~RSE=P IN NATrvs SPRINGS HOMEOWNERS' ASSOCIATION All cersons or entities (other than the Association) who own or ,. acquire the title _feeto any of the lands in the Subdivision shall automatically become members of the Association. The owner or owners of each lot shall ;.e entitled to one (1) vote for each lot owned and S haT bre ? a 40 ^ay assessments on the Iasis of of all assessments for each lot owned. ARTICLE 111 ARCHITECTURAL CONTROL 8. Plan Submittals. c.^�.enca :he construction, _...,...,..'.'e-=- addition to, Cr alteration v_ .._ _ _ ,..,o �_ fence ... her structure "."Jhats e Yrr o . an7 lot, .�vV ....�» _.�Lj V_.P wall, ..'.� v, .. �._ --� on -t - ( = _ ,_- o_ e y▪ ear= ah_, be 3 '?_.�..eC oO �..^.e�.G'n.:.. t.'�iC} 1 � 1 C :,� e _ ,.. 3 j +:.ii plans and soecifr....a:i..ns for said work, and no si:.'o n structure or improvement of any kind anall be erected, altered, placed or maintained upoi. any lot unless and u i the final plans, elevations evat_ons and soe� �. ,.a..._,. t :era;^ r nage recti_ Tec such w_�_:_ _ aooroval as ;`.v,de^r._ ol=ns .a -'a s.o e -i _j cat.crs .s': 3__ a 5r_.."Cl__ted to _::e Board and atoval receive: from t: e Board prior t; application for a building M permit from Ca- ' �' d County or other public entity having jurisdiction thereof_ Such plans shall include plot pians showing the location on the lot or property of the wall, fence or other such structure proposed to be constructed, placed, altered or maintained, and elevation of same, together with the proposed color schemes for roofs and exteriors thereof, indicating materials for the same. The Board shall have the right to refuse to approve any such plans or specifications which are not suitable or desirable, in its opinion, based upon these Protective Covenants and the Residential Architectural Desi- and Minimum Construction Standards for the Subdivision.. 9. Method of Approval. The Board shall approve or disapprove the plans and specifications in writing within thirty (30) days from the receiot thereof. One (1) set of said plans and specifications, with the�aoprcva_ or d .saperova .., shall be retained tv the Board for a period of three ' 3) years. _n the event no action is taken to approve L^_ disapprove such ~ within and spy"" � _� s _thi_. said rt: thirty (30) daperiod, the provision requiring a••7"-•:Ial of said plans and spec• . ar:s shall be deemed to have teen 'Ma_7ed. 10. Board Not Liable. The Board shall not .ae responsible to any person or entity in any manner whatsoever for any refect in any 7 r • • plans or sae-• ^a v.':5 any work done p u1,7s,_:.. specifications. su•-?l l`e'd or as revised tyi to the rer:uesced changes ARTICLE IV AS S E S SMENT S Ecard, nor for sa,.- __ani and 11. Assessments. Each lot owner shall be obligated co pay any antazz=zz.....____ dul, imposed by _ne Association -- -a ter..e.n._age set fo'r_.. i.. Artiole __ a.^..ove. To _::e ext -at ... ._szo-._a__..,. is L. respor.si :? assessments may be duly levied for purposes necessary to promote the health, safety and welfare of the Lot owners ant residents c. tte Subdivision, including, but not limited to, payment of the expenses for maintaining and improving irrigation _._ water; the security system for common facilities; maintenance of common fac_1; pies, water detention facilities and o en space, including revegetatiort thereof; taxes, utility charges and insurance premiums applicable to t e open space and common facilities; and all Other CCs tis Of %.;e operation of the Association and s'.he performance of its various functions as set Forth here_.n or yec-a -�,4 ^y law. A. _. _ I c - = " c e l.. ,. r _ ... N ,a ^ e _ or rotes' t _s so exor=sYe:. 4n ane CCed shall be ...ear-. (4 to co %e:w.r-: and "'^Ae with eac__ „_ne= and 'Nit. th.A =.ssociato._ to oav -3 _.. c_at -FJr annual assessments to_ the r : ovC 7e7 �e ;:__ err:Andan;,, scec;al asses=mm.nts For cacyta_ _:npr'ov?men rs or o :lien :".letters oro'. _ :ed For here.,. 12. Annual AssessIaents . The total annual assessments against all lots shall be :astid ubon advance estimates of cast "a'-.."4-=.flents fol.. the' Asc'ov_at:__, to :oov:.t;.e For t -.e oa.re_.._t a__ e$ti::later� ex eenses ar..sino f_ot, or connected mi..__, the functions of :he Association as set herein and any other extenses or liabilities which may be rerularlr incurred by the Association for the benefit of the lot owners. 13. Special Assessments. in addition to the annual assessments authorized by this Article, the Association may levy a special assessment, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement, o; for any other expense, including a capital expense, incurred or to be incurred as provided in these 2ro, "`- vCovenants or the Articles or Bylaws of the Association. Any such special assessment shall be paid'_n the same prorated manner as annual. assessments. 14. Adoption of Budget. Within shirty (3C; days after the adoption of the _..__,al budget, the Board of the Association shall mail a summary of the budget to all lot owners and shall set a date for a meeting of =he rot owners to consider ra—_--atior. of the .. budget not less t.^.an fourteen (14), no= more char: s-xty (6C', days after mailing of tne summary. Unless ac the meeting seventy-five percent (73i ttf 3__ l.._ owners reject the budget, the budge: snail be ratified. -n the event the proposed budget is ;elected, the 3 • th= lot owners shall :.e ctnt n -e,. until s'uosecuenz budge: s '000sec and 15. Notice of Assessments. _ ne Association shall _ ve w:i: en n J _ _.:e t,: ea ;'nn- r, sent to :hat c.V -e:' s atdress es it appears cn the records ..y t..t ?:sso:.._at_or:, as to the amount of any annual assessment with respect to his Lot on or before twenty (20) days .^.riot the -.•-e 'loon which that assessment shall be due and oa;iarie. 0= t' = _.ss3C-a43n to :ie timely notice of any assessm,Ant ?s _o.i.e'_.° hAre_n sr`?_' not 14:1^'."'7 ?o=_ owner for such assessment, but the dere when payment shall become due in such case shall. be d="=' -r=d to a Cate twenty (20) days after such notice shall have been given. Except as otherwise determined by the Board, notice of special assessments shall be in accordance with the procedures set :ort: herein for annual assessments or in accordance with such other procedures as may be determined by the Board of Directors. All assessments shall bear interest at the rate of twelve Percent t ,2%) _^.e: annum from du= date until paid. 16. Enforcement. of Assessments. Any delinquent assessment may be enforced c: collected in any one or combination of manners set these Covenants. The urs -t ,J_ =: v course of ori :n ac: _ ..-_ .. c.,e'3..._ng or =n'or-._ng an �..-z�,;,e.-_ shall not. be t==med t. .tin: -7,a the - ht 0- the ~_ssccat_o . ..o cursue env other n_ -self from - t:! for .._.5 con..__ :i.:tOr_ toward env assessment by waiver of t..e use or enjoyment of any benefit of lot ownership of Association membership or .y abandonment of his ;Ct. The Association, ant it a_:r:e, shall be cnarged with the responsibility o a -d any delinquent assesssmen= and, reg =-- =ss or he means it e_ ovs =3 do so, t_h_e . o- ow r o_ cher oerson charged with responsibMv for a:'y assess,;en: small cav th= attorney's _._..... .-...^ co3s incur, --=d bv the Assoc' n .. :;rt coilecting and enforcing the assessment. 17. Personal Obligation of Lot Owner and Purchaser. All sums assessed by the Association, together with interest, attorney's fees and costs, shall constitute a lien on the lot assessed, which lien shall be superior and prior to all other liens and encumbrances, excepting only: 1. 1_e^s and encumbrances recorded before the recordation c. :his Declaration; 2. a security interest on the lot whira has priority .rer al' .oyer security Interests on the lot and which was recorded before whe date on which the assessment sought to be enforced became de incuen t; provided, however, :he lien c - -,:ad by tn.:.3 paraorso . sial_ be prior ..o such security interest to the extent _ tne assessments based on the Budget or the Association .nich would nave become due, in _ :e absence of any acceleration, =ring the six months immediately preceding _nsP either the Association or any party holding a Lien sen_.._ to any oar= o t tn= lie? the As,sccra:_on created under ,,...3 paragraph of an action or a non -:Judicial foreclosure either to enforce or to ext_nquisn the __en` r 4 • • . __,.^S Cow _a3 .estate taXes and U' - _ gore =e^tai assessments or charges against the lot; -;_ - ._ `el--nshe_ •'' -i- -e tea: .-•re ani. of l__.- of the Association. No ll... -er -recordation of arly clam or lien assess: e " ts shall be 'reculr=r.. ._ Create under this paragraph, however, shall be ext?=!g=1_sred unless s o-oceec- gto _-.-, _ a iter ar'-�stlCL:wed w_th-.. 3_�c (6) years after ttiie Y=u? - amount o; the* assessments become Glue. Such lien may ce enforced cy =.,-a, :Sure of t e defaulting owner's tot oy t.Ze 550,:lai_ •_ l.. :. e same manner L. wnlon mortgages on _ea_ oracerry y may be foreclosed _.. Ccl.^vrado . The lot owners shall be rec'•.._red to pay the I 55cc ar'.y assessments against the lot which become due during the period cf foreclosure and th • S L0t; c a leash.^.5e C^ another .e _mw - - den clean and free of reuse, 1 CC.S .{eeP5 any pars shall to pt and Haste a= ..r.4es. - te on Lov- and not outside .+'t3J a �� owed to Areas where as lot owner 4. owner when o" r.%eresident's lot.3. a'act"r:. es ...a a:'t! :{_::GS 5h,.._.1 No e2s7rte::i.al br ._,- - -_ __.. the Subdivision. 5ce permit -ter:: dithin Pats _.,,z T r a a 7 i yo chase or moles: w4 l dl i Fe or an`!. domestic animas or persons, destroy or disturb property o' another, threaten cubiic safety. �f yr 7. 1 pets should be licensed as required by law. defined as narking l for a owed to bark continuously, which . �o� 1T shall te Dogs shall be allowed fifteen ( _3) minute period, including successive barks or a series of basics which rcreat Or resume following a brief or temporary cessation. S. :e --estosibl,e for Rese�e.7 cr aaC.^, _dt 5 �_,� rJ,,,� .,erein4 Cr ant! 1^r� r tea msµ`•_. �.. ..._3 Seg. .h aS5Lr�_ _ i N`^ -._ _Residents not �^: ^'-- r - _Y_o. era._ shall be " ' -= -` ' g~_ t_~ns os -s associated wit= asoonrol- - t-.ese regulations. 10. VOi:_`,Seai ir_7e f o :egCing, no pe' smay be kept w _ or to res-denCe wich, n the good faith judgment otheH;a n results in av annoyance or _s obnoxious t 04 wn $ - -ne Subdivision. Livestock- Initially, the oaly livestock which shall be allowed in Subdivision on snail be horses and cattle. Lot owners .._. S - shall be entitled to own no more than three 1 (3) such animals per each Lot owned. The Board of Directors may authorize livestock other than er horses -and cattle and t`� thisease Declaration an to be adopted allowedr decrease the � provided thereof by an amendment to a tarp, hereinafter. Any hay stored on a lot shall be secured by stored in a structure or fenced. �isnosal of Animal Ca.casses. The Association shall. be �� disposal of all animal carcasses responsible for ,.�e rem�o=ray. and -a~ ` located in the Subdivision- (e.g., deer, raccoons) � 22. Colorado Division of Wildlife. The Association, the Board a., all lot owners shall waive and hold the Colorado of .s or. %=s ~d T•a any and all claims to damages to Division '_ ;+i. • .�- . �� ran=n.i„ss from and native Tants, a=�d improvements, fencing, ornamental landscaping � p r7� a5 :t garden plants resulting from aCt _ i 23. Enforcement. Any owner violating any of the covenants, conditions 6 f r •f _ - .. .ei. • res______ons Sez forth_ in this A--;-1' Snw_I receive a w.a_..i.ng of any sucn violation. 4._= said vio___on is not cc_re`_�ew or a Second .. rr..,,_a.,_o.. of _,e same tyte occurs w - ._._ one calendar day of te_ rece: _::g ......_ :e (or 5.r.ch re'asonab_e ,.i ae a is necessary in order for ` e owner to correct the vio_a:ion, in the sole discretion :,f the Board), a fine of One --..Incred Dollars (S100.00) s -.:_l be assessed against the lot owner. 3. ;.con the oc-- — nce of a cn_rd violation of the same 4_ .= ..J:.,.inuar_.._. of a vio_a__on in excess of two (2) calendar cars after receipt of notice, a fine of One Hundred Fifty Dollars (3150.00) shall be assessed against the owner. 4. C^cn the occurrence of a fourth violation of the same type or the continuance of a violation in excess of four (4) calendar fa°; s aftar receipt of notice, a fine of Three Hundred Dollars (5300.00) will be assessed against :he owner. In addition, :he Board may tare such action as is reasonably necessary to cause the violation to cease, including entry upon the owner's Lot. 3. _,.. '' animal which is ."? violation may be removed from :he owner's proter-y di stoa ov:_od cc en= - _ more eex:s �- _ a� V ..3 _s :` r .w ... in ,, 'val.._._. Enforcement or" animaviolations ; w___ be :lade only wi_n rester_ _c ..:e extress =revisions this :ec1ara:._ori or any rules and regulations adopted by the Soar... 6. For eacI: additional recurrence o; the same type of e a=ei an owner receives notice , an add7or_a_ fine will be assessed in an amount equal to double the amount of the previous fine. 7. 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 whic!l. may be charged against an owner for the recurrence or continuation of one type of violation shall be Five Thousand Dollars ($5,000.00). 9. Esc violation of this Article or any subsequent rules or rec` _atiors adopted by the Board, even if based on the same situation or animal, shall be considered a separate offense for the "`} ^se of enforcement. 9. __ an owner does not pay a fine which has been assessed due to a violation of this Ar -___es or, any subsequent rules and -_.- atior3s adopted by the Board wit.,_.. thirty (30) days of .ter.=. r o= :he notice rC oav the fine, :hen the late payment or nonpayment shall be considered a separate offence for wftich _ne owner car be fined on the same terms as set above. �hv =_nes collected under this section may be acplied 7 C1 1 • • to the costs ____.._reda tio: to administer and � the Association e^ fu .. ze :his Cf any mules o: reg 'u--at_o 5 adopted by the Board. ARTICLE VI GENERAL RESTRICTIONS ON USE 24. Zoning :emulations. No lands within the Subdivision shall ter ,e occupied or L 3e�:. by or ;or any structure or purpose or any manner wh_ "` to the aop l 'Lcab1e zoning regulations of the Coy n. c Coloradc . Accessory Dwelling Units (`•AWGs") shall be permitted on any Lot az least _cu- (4) acres in size as long T ..d as each ADU otherwise complies with the standards applicable to ADDS ser forth in the Garfield County zoning Regulation of 1978, as amended. 25. Resubdivision. No lot described in the Plat of the Subdivision shall ever be resubdi.7Lded into Smaller lots or tracts, nor conveyed or encumbered in any less than the :.u__ original dimensions as _..own on said recorder, plat. 26. Business, Ccmmerciai or Trade Uses. No __..ds in the Subdivision.a__ ever be occupied or used yr env commercial, , b�.sin_ trade _ .. ^ be done any c said. .,, "e purpose ?�'... nothing shall +,. ..__ „^,i_ _ 'lands which _a a -.._sane .. become a _.. _sa-.re to the owner ar owners of said lands, with the exception, however, that :he use of a _t_.on_ of the __:cs for sale of lots by the ?ec'=-^_ shall be cermitted. Use of a residence for a business purpose shall be authorized provided such use is non -observable from other lots, does not generate a^_! 7='-'—'1%- traffic or noise and Coes -.:z alter the _e;tises ,_. any _..._..ip... 27. Signs. No advertising or signs of any character sha1l be erected, placed, ;ed or. maintained on any lot or structure within the Subdivision other than one (1) "For Sale" or "For Rent" sign not to exceed two (2) feet by three (3) feet in size approved by the Board and a name dace and street number of the occupant. 28. Fences. The maximum height of fences shall be forty-two (42) inches. All rail fences and 3 -strand wire fences shall have a twelve (12) inch separation between the top two rails ar wires. Catch corral fences enclosing less than five thousand (5,000) scruare feet of area are exempt from these fencing standards. Chain link fences up to sax (6) feet high will be allowed for the ourpose of kenneling a dog. A six (6) feet high privacy fence may be used to enclose a contiguous area of not more than two thousand (2,000) square feet when Located immediately adjacent to a residence. prior to construction. of any fence, Plans shall be submitted tt the Board pursuant to Article __:.A hereof and approved by the ?card. 29. Storage and Trash. No above ground oil, gas or water :anks shall be "'ermined on any lot. No storage of junk automobiles, machinery, appliances, junk piles, scrap piles and outer materials srali be :e fitter. on any lot except in an enclosed struC...:re. Garbage and trash snail be secured in receptacles, which receptacles 8 r 1 a s�x C. C • • shall be !kept in a sa.' tar,/ condition and comply with recommendations es may oe •:".a.'.: from time to time by the Collado Division of Wildlife- No g:ass, shrub Of tree clippings, refuse, garbage, trawl, waste, s rap, rubbish, o_ debris of any king shall be kept, 5:•�=ee4, maintainer or allowed to accu--.. ul a7,z or re,'..-.— on any lot =x;;e.^.4 to it`.�o " :i wi:nun an :?nc l oseC s'~_ _cf _=e wi.t_.,.n the buildin g envelope. 30 . Underground Utility Lines. All uti li:y n' oes and lines *tiithi_. the limits of the Subdivision must be buried underground and may not be ca --'=”C on overhead :toles nor above :he surface of the gr. nd. s__.. services must :e bunted underground from the point where said utilities take off from transformers and terminal points supplied by the developer. 31. Construction of Dwelling House. All construction and alteration work she;_ be prosecuted diligently, aid each building, structure or i prove e which is commenced on any residential lot shall be completed within fine (9) months from the commencement of construction. No persons may live in or use as a dwelling glace a par.. ; y constructed building. In the event of ? breach of this covenant, the ;`a--a-m..t and,/o_ t::e A3socia. on shall have the. right to ca _ate construction '_ncom"`d built_ _.r structure and mprovemer:t a: --_ecos: and 'expense o, the Owner, :tin;..-- cost and expense shall become a lien against the Crooerty the same as a Lien _or assessments ___t :.n _on m v be en ;reed as a __en for assessments. 32. Temporary Structures. No temporary house, ____-er, tent, garage or outbuilding shall be placed or erected upon any part of any lot in the Subdivision; ororrded however, that during :'.e actual construction of any imorovement or. ariv lot, a necessary temporary y! building for the storace o; materials `^?y be by the person doing the construction. 33. Towers and Antennas. No towers or rad..o and telv�rision antennas shall be erected or permitted to remain or: an"v residential lot within the Subdivision except that television_ antennas attached to a dwelling house may project up to six (6) feet above the ground. 34. Cleanliness and Unsightly Growth. Each lot shall at all times be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, imclere_nts, machinery, lumber or other building materials shall be permitted to remain exposed on any lot so as to be visible to any neighboring lot or road. 35. Motor Homes, Trailers and Boats. No ,rotor homes, trailers or boats shall_ be stored or parked in the Subdivision; provided, however, motor :ores, ..n ` ' -s or boars may be parked on a lot or adjoining street to rear'., load or unload for a period not to exceed severity -two (72'. hours. == 36. Fireplaces and Stoves. No open. ^ear..n, solid fuel devioes will oe allowed any -e-- w- rn.n.. '=he Subdivision. AIL dwe._..'g units will be allowed an unrestricted number of natural gas turning fireplaces or appliances . All dwelling units will be allowed one (1 ) 9 • r argil woodberning st..;e ac de=_^ed by C.R.S. 25-7-40-, e.,. sei'. , and i ' :ne 37. ISDS Operation and Maintenance Standards. I , .esoo::sio-_, u .. The owner and the Party in CCs3es3-on of real proper +` upon 'p^_=: ?_" individual serfage disposal system is used, shall be jointl'I and severally responsible for operation and maintenance o= _ system unless jurisdiction for responsibility has -olit cu s'-oublic, or pol_'-......- 1uC._ , Lsion. Th �'er..'.�.". yq., �•^ re3con.._ciL yl is - ,n.:4.. of ,".. ... proof for such den___uton estab-_st merit of ownership or possessory rights in the orootov served by the system_ 2. Service Label: For treatment plants uti i r ng 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. 3. Maintenance and C eanina: When directed by the local health depar-::tent, for one ru=ocse of o.^,tan�ng compliancy with rules and regulations, one owner or user of a system shall provide for maintenance and cleaning r4 an-_.a_-r_dua . sewage wist.osal system and snail notify :n e _^.Ca_ :ea_:__ department upon completion of any :na:...be_^_a.^.ce +vcr:{ and report t�''. said deoar_men: a_..» st..:mi: such evidence of co"' _' once with any/ maintenance and t_ean_ng scneC.z. a in the form ,and as Y,e terartnent reo,uir'es. 3. T e _coal :oar.., cf t:aa_ __. :::ai adoot : _es al a .Lor5 for the scheduling o.. :nail.:e- an Ce and cleaning of systems and practices _-o o=f �ar-r-caniab1e systems, ........ M=7 ref_ re proof of crrter 7a ---t na=_ce and cLeaning, _rs'uant to any such schedules ant _ _a_:_:e3, :o be .. submitted cerio ica1 L y 1:3 ie local department _..eaL:n by the owner of ..he system. 4. Mon i _o rine ± Semolina: a. 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. b. Any owner or occupant of property on whicn an individual sewage disposal system is located may request the local health department to and test an effluent sample from the system._ The local health department may perform such collection and testing Ser 1 :c?s . c. If the local .^_ealth deoar^.:nent collects and tests effluent •samples, a fee no: fo exceed that which. is aI_twed by 23-l3-101 e f . sec . as amended) C.R.S. I973, may be charged for each sa:nole :..__ec=ec and tested. ?ayment of such charge may be stated _n the :emit as a condition for its continued use. 10 r f • • 5. D_socsa_ o +haste t!arer-a-s = Dispose_ of waste mat -rials removed from a system in :he process of ma? nter'anCe or lean- nc shall be accomplisher' az a site approved by loon_ county ."int a n manner which Coes pct create a hazard to the public nea_tn, a nuisance or an undue rise of poL____on ant which complies with state and local rules and regulations. ;wee Sludge Regulations and Solid Waste Regulations.) 6. No Disonar. _ Ls Pe -mi _ tad Which Does nor: Ccrncl7 With Rules and No sewa;e or a - --_t shall be '.;e^_Lli..te'a Co be discharged into or upon the s'.rrFsr_ :j:ot: d or into state waters unless the sewage system and meets the minimum requirements of applicable rules and regulations. 7. Termination of :1se of Svstem: The contents of a .peptic tank, vault, or seepage pit, the use of which has been terminated, shall be properly disposed of whereupon the er".T,?tied tank, vault, or pit shall be filled with soil or rock,, or 4�e ^edit v'. -;ay "ter'' " a .::e tank or 'vault to be removed and disposed of ^racer °r 38. Weed Control / Vegetation Management Plan. The Association shall implement and follow a _cc am of noxious weed con -r ._ C.,-;nl.rz . .anl..�_r..�--..-.3 -, �'.�. Canadian Thistle and other -,'ant species Included on the Ga-''a7c County Noxious Need List. _n general, the ;Weed management plan should consists of the following components: T . Prevention ant Control: The quick re^regetation of disturbed areas with •,Jest fee -ss Seed and th,m :mai_.-enanCe :.;ice '.ati7e or introduced vegetation in a healthy, vigorous condition producing optimum vegetative densitis will leave noxious 'needs little opportunity to establish. The use of hay that is cert _ ad as weed free is also recommended. 2. Inventory: Sac: lot should be inspected to identify any infestations of noxious weeds. An accurate record should be keep of the app ' ; ,''," on and success of weed infestation eradication efforts. 3. Eradication: Elimination of noxious weeds is can be achieved through: a. Mechanical Controls physically remove the entire weed plant or eliminates the Cl ant` s ability to produce seed. b. 3iological Controls rely on organisms (insects or plant pathogens) co interfere with weed growth. c. 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 :reed management program may involves all three methods of eradication: as will as a long term commitment to prevention and control. Assistance in :he development and implementation of a weed managementY.:. ^gra�s a�:ailab1e through the Colorado State University Cooperative=xtensi: r Service and from the Ga--s'd County Office of Vegetacicrm Management.. 11 r r r r • • Tr is the ihC.7 Yual i^.r owner's responsibility, according to the Colorado Noxious Weed Act and Ga'o l .d. County's Weer Management Plan, to manage any noxious 'weeds on his or her property. ;:: the event a Qr'oCer..y owner _ails mo effectively control pox . us weeds on _heir Lot the Association s' -a__ have right to enter upon any 'rot and Lot, - conduct a weer control rogram with'.. the area of sucn lot. 4. Vegetation Management Plan. The Association has obtained a Vegetation Management ?late for Native Spring Subdivision orepared by _ _ r Beach Environmental, ILC. A copy of this plan. is available for 4 :_sr:.ectLOr. at t :a '- -3 of theAa'SC7c' iation . Said Vegetation Management M ? r. -s incorporated herein as if set for:.. verbatim. The Association snail i.mb ement and follow a program of vegetation management as outlined by said 'Vegetation Management Plan, as the same now exists of may be amended or supplemented from time to time. 39. Water Quality Monitoring. Each well shall be constructed in accordance with Mate of Colorado Water Well Construction rules and regulations. Water quality tests shall be preformed based an applicable Colorado Department of Public Health and Environment and the Environmental Protection Agency standards for the service level assigned to each well. As a minimum the Association will select one well wit;^.:.r? t.... subdivision than will be tested on a semi-annual basis for: bact , ..__=aces, pesticides and her.. "mss. 40. Firs res. _... sprinklers P.ecuired. 'Each residential dwelling shall be ew'ui oe±' rir._ --re sunpression sprinklers _h accordance with the standards of A`RA :3-R. 41. Wi'df_re Prevention. The guidelines of the Colorado State Forester _ _ wildfire prevention as presently ste," - .ed in the pamphlet _. _ ay . ti _-:e Peeventior; _n t'?e, W' d' and ..loan Interface" prepared by the Colorado State Forest Service (C.S._.S.*143-691) or any successor document shall be followed in the construction of all Improvements, ARTICLE VH EASEMENTS RESERVED Easements and rights of way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipes, irrigation structures, conduits and apparatus of the t_ansm_ssion a_' al ----'-1 current, telephone, television and radio lines and for :he furnishing of water and gas in the street or for the furnishing of other utility purposes, together with the right of entry for the purpose of installing, maintaining and improving said utilities along, across, upon and through all platted easements in the Subdivision.. ARTICLE Vlll C c iMHCN AREA The Common Area shall be operated and controlled by the Board of Directors for the benefit of all Lot owners. The Scars of Directors r r r t r r i • s a'l adoct _._es g la_io .s governing the use of :h Common Ara and distri :ute a copy t^eDec f to each Lot owner et the ---..= they w._^ase a lot. The rules and regulations may thereafter be amended rotr, de fo suchchanges_�.. use and operation as t_rle and ?:t",=rience in o;er t_^'y _' e Common Area ss' -11 P dictate. ARTICLE IX ENFORCEMENT 37. Judicial Rel.ie� nv f. ,r_pia-ion of :he provisions, condif_or.s 07. -,=--or..s contained herein shall authorize the Declarant, the Association ar any lo: owner 4o apply to any court of law or ecuity having jurisdiction thereof for an injunction or proper relief in order to enforce the same. No delay on the part of the Declarant ar any ocher person in the exercising of any right, power or remedy contained herein shall be construed as a waiver thereof or an acquiescence therein_ Various rights and remedies of all persons hereunder shall :e cumulative and the Declarant, the Association or any Lot owner may use a::'/ or all of said rights without in any way the ability of the Declarant, the Association of any lot owned to use or :sly upon or enforce any other right. Any lot owner found by a cou-- to have violated :hese covenants shall be __able to the prosecuting party for all costs, including attor:^e, fees. 38. Decl ararit' s Right to Remedy Violations. :f the owner of any lot shat dz ' c in the performance of any covenant or condition hereof or shall violate any of the covenants or rules herein contained, the or the Association may, after thirty (30) dans notice co said owner, ar without nOtice if in the opinion of the Declarant or Association an emergency exists, perform suoh covenant or condition or :remedy such Vim a-. nn _ _ the acro -int and at the expense of the said owner. If the Declarant or Association shall incur any expense, including reasonable attorneys' fees in instituting, prosecuting (including an action against an owner for default or violation) , or defending any action or proceeding instituted by reason of any default ar violation, said expenses shall be included and added to any judgment made or given to the Declarant or Association. ARTICLE X GZNERAL PROVISIONS 39. Covenants to Run with Land. All the restrictions and covenants contained herein shall constitute covenants running with she land as to all of the lands within: the Subdivision. It shall continue to be binding upon the owners of said Lands and in all persons claimingby, through or under said owner for a period of f . twenty-one (21) years from the date this document is filed for record with the Clerk and Recorder of Gar`' ,al .4 County, Colorado, provided, however, that the owners of seventy-five percent (73%) of the lots in the Subdivision may release all of the lots hereby restricted from any one o4 all of ..nese restrictions by executing and acknowledging an appropriate instrument in writing for said purpose and filing the same for record with _nee Clerk and Recorder o4 Garfield County, Colorado, in the manner then required for the recording of land 13 1. r • • instruments. 40. Benefit of All. The provisions contained herein are for he benefit of anr4 shi__ be binding noon t' -e r,•a-' =-a^t and the ^;r`.».a3ers ant s bsec en= ownersof ea ._ ch C= 3a_10t3. Zech uchaser r-1 a,- r;.,- , by acceptance of Mdeed Co same, shall be subject to each and all of the Yestrictions, conditions, covenants and agreements contained here_. and to the jurisdiction, _+V".t and power of ^.e Declarant. By acceptance hereofhereofby each owner, sucn owner shall for himself, his heirs, personal r _ eoresentat7?s, successors and assigns covenant and agree and consent to raid with the grantees and st±secuyen` owners of each of said lots, to <eec, observe, comcLv with and perform said restrictions, covenants, conditions and agreements contained herein. 41. Notices. ALI notices given hereunder to lot owners affecting the Subdivision shall be given by regular United States Mail, postage preoait, addressed to each owner at the address as it appears on the records of the Association. 42. Variances. The Declarant hereby reserves the right to gran: a reasonable variance or adjustment of these conditions and restrictions _n oder to overcome practcal d_ c_. _., fids ad 0:event unnecessary harts.._ps arising by reason of the a^_ _ratio^ of the :eszri-cticns cont-_ned 'erg n. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood ant shall not defeat the general _.trent and purpose of these restrictions. 43. Amendments. The restrictions ar.d o Brants herein contained may be amended by the affirmative vote of :he owners of seventy-five percent (75%) of the owners of .:e lots in the Subdivision and shall he effective upon the recordation of the amendments in the office of the Clerk ar.d Recorder of Garfield County, Colorado. 44. Compliance with C.C.I.O-A. These Covenants are intended to comply with the Colorado Common Interest Ownership Act, C.R.S. 38- 33.3-101, et sec., and shall be interpreted -in light of the provisions of such act. 45. Severability. in the event any one or more of the provisions, conditions, restrictions or covenants contained herein shall be held :y any court of competent jurisdiction to be null and void, all remaining restrictions and covenants herein set forth shall remain in full and effect. 46. Limited Liability. Neither the Association, nor the Board of Directors of the Association, nor any member, agent or employee of any of the same shall be liable to any party for any action or for ., any failure tact with respect to any matter if the +action taken or failure to ac: was in good faith and without mai :e. Cared 14 day of to C • • JAMES LQGENaWEiL 2ACTL LtGENEUHL STATE OF COLORADO } ss COUNTY OF The foregoing instrument was subscribed and sworn to before me this day of , by James Lugenbuhl and ?aui Lugenbuhl. : v Commission e wires : _ Witness .y 'nand and official seal. 15 Notary P bi2.c • NA TiVE SPRINGS SUBDIVISION GARFIELD COUNTY, COLORADO r r • Y 7, • ---0 N Y 3 RC AD 2L I• .. PROJECT LAYOUT • " iE ti ti SCALE: 1' y 150• OWNERS; JIM AND PAUL. LL'CINBUHL PO 9 X 950 BASALT, COLORADO 81621 PHONE; (970) 923-2408 FAX_ (970) 923-2408 • ENGINEER: JGF': CQ ?N_T 'lF ENGiNEERrNG. INC. CONSULTING ENGINEERS AND SURVEYORS 923 COOPER AVENUE CL NWOOD SPRINGS, COLORADO 8I601 (970) 945-8878 441 it,..' CAIS kl! S i 1] e, IN • �. V1 1 f MAP SHEET INDEX SHS NUMBER TITLE 2. 3. 4. 6. FLAT R SHEET GRADING. DRAINAGE AND EROS/ON CONTROL PLAN NATIVE SPRINGS DRIVE PLAN AND PROFILE MAb i R UTIU T'Y PLAN DETAIL SHEs=T PLANNER= LAND DESIGN P.RTNERSHrP 918 COOPER AVENUE GLENWOOD SPRINCS. 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SEDIMENT CQNTROL FENCE .L, 21-F, .1, 2 t •r Raw a irLCS 7714. er� i 9 '-i A Y CI-4ECX DAM .2(14 tI 4 =I I d LU u ar43-:.C7 No ort 5.•7£' s ;74. s • • SUPPLEMENTAL MATERIALS NATIIVE SPRINGS SUBDIVISION April 2003 3+-041 Coe These supplemental inaterials demonstrate compliance with the conditions of preliminary approval /or the .cuhdivision approved by the Darfield County Commissioners in February 2001; they are submitted /Or the purpose of assisting and expediting "re -review- of the project. 1. Stormwater Discharge Permit and Stormwater Management Plan (High Country Engineering): pages 1 — 30. 2. `Sewage Requirements for The Native Springs Subdivision" for ISTS's (High Country Engineering): page 31. 3. Well Permits: (pages 32 -- 56) Copies of the following well permits are enclosed for each of the twelve wells (II household and one fire protection well) together with Well Construction and Test Reports for each: Well No. 1 057484-F Well No. 2 057485-F Well No. 3 057486-F Well No. 4 057487-F Well No. 5 057488-F Well No.6 057489-F Well No. 7 0J7490 -F Well No. 8 057491-F Well No. 9 057492-F Well No. 10 057493-F Well No. 11 057494-F Fire Protection Well 235794. Permits for Wells No. 1 — 11 expire on 5/23/03 and Zancanella & Associates has prepared extension requests for the permits. 4. Pump Tests: (pages 57 — 79) (a) Pump Test Data Report for Well No. 2 prepared by Zancanella & Associates; (b) Pump Test reports for Wells No. 1 and 3 — 11. plus the fire protection well, prepared by Syracuse Pump & Drilling, Inc. 5. Fire Protection District Approval: (page 80) Letter dated 4/3/02 from Mike Morgan, District Chief for the Rifle Fire Protection District to Kit Lyons of Garfield County Building and Pianninhz approving the design of the tire protection system. Native Springs Suhdivisioa Supplemental Materials NW April 2003 6. Water Oualitv Tests: (pages 81 -- 96) Letter dated 03/7/03 from Zancanella & Associates containing results of water quality testing for the wells. (See also Zancanella's letter of 3/12/01 regarding water quality test results for Well No. 2). 7. Water Supply & Augmentation: (pages 97 — 132) Letter dated 03/12/01 from Zancanella & Associates regarding the overall water supply, including a copy of West Divide Water Conservancy District Water Allotment Contract/Lease No. 000906PJL(a). Also attached is the approved Application for Assignment of Ownership of the West Divide contract to the Native Springs Subdivision Property Owners Association, and an approved application for amendment of the contract. 8. Irrigation Water: (pages 133 — 136) Letter dated 08/10/01 from Tom Zancanella to Kit Lyons providing documentation for the irrigation water supply. 9. Declaration of Covenants & HOA: (pages 137 — 160) Certificate of Good Standing from the Colorado Secretary of State's Office for Native Springs Subdivision Property Owners Association and a copy of the `'Declaration of Covenants, Conditions, Restrictions and Easements." 10. Mineral Rights: (page 161) Copy of "Release of Oil and Gas Lease" recorded on 02/24/03 in Book 1439 at Page 632. The Luginbuhls received the mineral rights with their warranty deed, and the only mineral lease known to be of record against the property is now released by the above -referenced instrument. 11. Subdivision Improvements Agreement: (pages 162 — 172) A proposed SIA is enclosed. The only public improvement left to be completed is the chip and seal for Native Springs Drive. 12. Tax Certificate: (pages 173) A certified tax certificate from the county assessor dated 04/01/03 showing that the property taxes have been paid. 13. Impact Fees: a. RE -2 school impact fees: This subdivision is located in the RE -2 school district. The developer's check in the amount of 52,200.00 made payable to Garfield County for payment of the school impact fee has been delivered to the County Building & Planning office. b. Rifle Fire Protection District: 1 was informed by a representative of the district that there are no impact fees for this district at the present time. c. Road impact fee: 1 would appreciate your staffs assistance with the calculation of this fee to make sure it is computed correctly. alle•=b. • STORM W 4 TER MANAGEMENT PLAN FOR THE NATIVE SPRINGS SUBDIVISION GARFIELD COUNTY, COLORADO 1517 Blake Avenue. Ste. 101 Glenwood Springs. CO 31601 phone 970 945-8676 • fax 970 PS -2555 2555 F CE 308 NTIMBER: 2000056.03 April 26, 2002 Prepared for: 3 rn and Paul Lugznbukil P© Box 950 Basalt, CO 81621 Prepared by: Edward R. White, E.I. Design Engineer R.iewed by: R er D. Neal. P. Principal Engineer 14 Inverness Drive East, Ste. D-136 Englet,oad. CO 80112 Gran!Junc ion. CO 80501 pin.,rre ;n3 92-c-11544 • fax 30 9"1-0547 pilaw 970 858-0933 •far 970 858-02': • STATEOF COLORADO dill Owens, Governor Jane E. Norton, Executive Direc:cr Dedicated ro protecting and improving:he health and environrnenr of the people of Colorado 4300 Cherry Creek Or. 5. Denver, Colorado 90246-1330 Phone (303) 692-2000 TQC] Line (303) 691-7700 Located in Glendale, Colorado hrrp://www. cdphe.srare.co.us May 15, 2002 Paul Luginbuhl, Owner lames Luginbuhl P.O. Box 950 Basalt, CO 81621 970/923-2408 Laboratory and Radiation Services Division 8100 Lowry 3lvd. Denver. Colorado 80230-6928 (303) 692-3090 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: COR -034212 Native Springs Subdivision Garfield County Local Contact: Anticipated Activitti: Dear Sir or Madam: Roger Neal, High Country Engineering 9+0/ 9454676 05/01/2002 through 09/30/2002 On 65.94 acres (2.21 acres disturbed) Colorado Department of Public Health and Environment Enclosed please and a cavy of the permit certification that was issued to you under the Colorado Water Quality Control Act. Your certification under the r t requires that specific actions be performed at designated times. You are legally obligated to comply with all Terns and conditions of your certification. Please read the permit and cer4,2.lcanoa. If you have any questions, contact Nathan Moore or Kathy Dolan at (303) 692-3500, Sincerely, Susan Nachtrieb, Manager Permits Unit Water Quality Control Division Enclosure xc: Regional Council of Governments Local County Health Deparr rent District Engineer, Tec haical Services, WQCD a Permit No. COR -030000 Facility No. CUR -034? 12 PAGE of 17 CERTIFICATION N CDPS GENERAL PERMIT STOR WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Construction Activit: Construction activity includes preparation for subdivision, road grading and utility installation. This permit specifically authorizes: James Luginbuhl to discharge stormwat r from the facility identified as Native Springs Subdivision which is located at: County Road 221 & County Road 223 R:fte, Co 81650 latitude 39/32/40, longitude 107/43/45 in Garfield County to: Colorado River effective: 05/15/2002 Annual, Fee: 5185.00 (DO NOT PAY NOW. You will receive a prorated bill_) • HIGHLIG40 CO\STRUCTION ACTIVITY STORMWATER GENERAL PERMIT PERMIT RE Q UIREiVf ENTS : * Inspections: Inspection of stormwater management system required at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. (See Exceptions, page 9 of the permit, enclosed.) * Records: Records of inspections must be kept and be available for review by the Division. • Stormwater Management Plan (S P): A copy of the SWMP P must be kept on the construction site at all times. PERMIT * Send pa-yment only when you receive an invoice (this is sent once a year) PERMIT TERMINATION AND TRANSFER: * If the facility is finally stabilized, you may inactivate the permit, using the Division form * "Final stabilization" is reached when all the construction is complete, paving is finished, and the vegetation (grass, etc.) is established, not just reseeded. See permit, page 7 * If the site changes ownership, you should transfer the permit to the new owner * Forms for these actions are enclosed QUESTIONS? * CaII (303)692-3500 * Ask for Nathan Moore or Kathy Dolan Colorado Department ofPublic dearth 3c E- Water Quality Canto]. Division W QCD-P-B2 • 4300 Cherry Creek Drive South Deaver, Colorado 80246-1530 lernent ;lE C Ell s EJ.LL REC EFF! YEAR NiON T h DAY NOTICE OF TRANSFER ANfD ACCEPTANCE OF TEEMS OF A STORMWATER DISCHARGE GENERAL PERMIT CERti�iCAflON 1) To be completed by the NEW permittee: I hereby accept transfer of this Cold Discharge Permit Cefcation No. CO ,, which was issued to . I have reviewed the terms and conditions of :his pe.=it ar.d the Stormwater Management Plan and accept full responsibiliry, cove-tge and liability. This transfer will be effective an: The facility site is located at: Street Address: City: State: Zip Code: County: Nar"• - of facility or development The NEW permittee is: -Company Meiling Address: - City: State: Zip Code: Phone No.: ( ) Fed. Taxpayer (or Employer) ID Local Contact (familiar with fac�fliry): T itle: Phone No.: C )_ I certify under penalty of law that i rove personally examined and am familiar with the information submitted herein, and based on my inquiry of those indiviLais :ne iately responsible for obtaining the iliformation., I believe that the information is true, accurate and con riete.. am aware that there are si a,ticant penalties for submitting false information., including the possibility of rine and riscrment. Signature of Permit Applicant (legally R s onsiaie ?arty) Date Signed N amc (},rib:c 2) To be completed by the Previous permittee: As previous permittee, I hereby a etc ±atransfer of the above referenced permit and certii ca on and all responsibilities thereof. Company Name: Mailing Address: - City: State: Phone No.: ( ) Fed. Taxpayer (or Employer) ID: _ rin Code: Signature o ermit Applicant gaily ?ausibie Parry) Dar~ Signed Name (printed) Tide 9197/trans Colorado Departrientieublic Health & Environment Water Quality Control Division WQCD-P-82 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 • FOR AGENCY USE ONLY REC EFF YEAR MONTH DAY INACTIVATION NOTICE FOR CONSTRUCTION STORMWATER DISCHARGE GENERAL PERNUT CERTIFICATION Please mint or tvoe. Forza rust be n"Iled out completely. Certification Number: COR -03 Permittee (Company) Narne: Permittee Address: Site/Facility Name: Taxpayer ID or EMI Pbcne No. ( Construction Site AddressiLoca tion: County: Contact Person: Summary of work pe._crmed and description of final site stabilization: I certify under penalty of law that by the date of my signature below, all distu. ed soils at the identified constiuctior have been finally stabilized; all temporary erosion and sediment control n ,:.res'oave been removed; all construct: and equipment rainte Ire e wastes have been disposed of properly, and all elements of the Stormwater Manage:. er Plan have been cotnpieted. I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater assoc:_ with construction activity by the general permit. I understand that discharging pollutants in stormwater associated construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is unlawful under die Coiorado Water Quality Control Act and the Crean Water Act, I certify under penalty of law that I have personally examined and ata familiar with the information submitted here:: based on my inquiry of those individuals immediately responsible for obtainer the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of nine and imprisonment. (See 18 U.S.0 1001 and 33 U.S.C. 1319.) Signature of ?tapir Applicant (Legally Responsible Par y) Date Signed Name (printed) 9/97/criliri Title .3' efiv J. David Holm, Director Water Quality Control Division Page 2ofI7 Permit No. COR -030000 CDPS GENERAL PERM STOLMWATER DISCHARGES ASS©CLA = VTTH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PEP T SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with construction activities certified under this permit, from those locations specified throughout the State of Colorado to specified waxers of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifmlly authorizes the facility listed on page I of this permit to discharge stormwater associated with construction activity, as of this date, in accordance with permit requirements and conditions set forth in Par's I and If hereof. All discharges authorized her -.yin shall be consistent with the terms and conditions of this permit. This permit and the azuthoriza on to discharge shall expire at midnight, June 30, 2002. Issued and Signed this day of JUN 0 2 1997 COLORADO DEF 4R'i _` EI . OF PUBLIC E EA LTH AND ENVIRONMENT 7 TABLE E OF CONTENTS PART £ • A COVERAGE UNDER 1S PrR.MI T 1. Author::, tc D isc: arr. 2. Industries Cover a+ Under this Permit a) Derinitiots• b) Ty -?es off Activities Covered by this Permit 3. Applicar.ic:. Due Dates a) A; iitticn Due Dates b) Sr—^iry of Application 4. Permit Cer.ifimlion Procedures z) Rc: for Additional Information b) Automatic Coverage c) Ir.dividual Permit Required d) T arary Coverage e) C e:al vs. Individual Permit Coverage . . f) Loral Agency Authority 5. Inactivation Nora.: 6. Transfer of 7. Permit Ext on Date S. Individual Pic Criteria 4 a 4 4 4 4 a 4 5 B. CONMITS OFx rr. STORMWATia MANAGEMENT PLAN ... 5 1. Site Description 6 2. Site Mae ,.. .. o 3. BMs for Storm—water Pollution Prevention 6 a) Er -ca and Sediment Controls ..... 6 b) Ma.t_, iais Handling and Spill Prevention. 4. Final Stabiii co and Longterm Stormwater Management 7 5. Other Controls 6. taspec;icn ane '.vials.,.^.atxe 7 C. TERMS AND CCiv1DMGNS 1. General L imiations 7 2. Specific L ,sedan 3. Prohibitic o of No water Di=barges 8 4. Releases it E.; s of Reportable Quantitie., 9 5. Stormwatcµ. Management Plans 9 a) Sipar.cry, Requirements 9 b) SWitP Review/Changes . 9 6. Inspections g a) Active Sites 9 b) Co feed Sit= ... 9 c) W L n,.:..�-- Conditions 10 7. Reporting 10 S. SWMP Submi=1 Upon Request t0 D. ADDITIONAL DE.=IN ONS ........................... 10 E. GENERAL REQUCLY+TS 11 1. Signatory Regt:i..^er encs I1 2. Retention of Re=rds 1 -2a- • TABLE OF CQNTENTS {cone.}' PART II • A. MANAGEMENT REQUIREMENTS I. Cbange in Disr g"' 2. Special Notifications - Definitions 3. Noncompliance Notification 4. Submission of Incorrect or Incomplete Infor :1.16On 5. Bypass 6. Upsets ... _ . 1 7. Removed Suastaaces 8. Minimization of .diverse Impact '. 9. Reduction, L. or Failure of Treatment Facility 10. Proper motion and Maictenancc B. RESPt3NSIBIL1TIES ... 1- I. Inspections and Right to Entry I 2. Duty to Provide Information 3. Transfer of Ownemhip or Control 4. Moditicatioa, Suspension, or Revocation of Permit By Division 15 5. Permit Violations 16 6. Legal Responsibilities 16 7. Seve:abi1ity 16 8. Renewal Application 1" 9. Confidentiality 17 10. Fees 1- 11. Requiting an individual CDPS Permit 1 -2b- • • PART i A. COVERAG2 tNDE?.%?S PcRM71" 1. Authority to Dischar-,e PART Page 3 Permit No. COR -c30000 Under this pe -ai:, construction activities, including clearing, grading, and eA=vatioa, are granted authorization : discharge star :water associated with construction activities into waters of We sats of Colorado.. 2. Industries Cao Under this Permit a) Definitions: 1) Storsiwater Stormwater is precipitation -induced suhee runof. • 2) Corstrictioa activity: Construction activity includes clearing, grading and excavation activites. Coas.;.rc oa docs not include routine iaainteuance performed by public agencies, or their agents to traintaia anginal line and grade, hydraulic capacity, or original purpose of the facility. 3) Other Definitions: Definitions of additional terms can be found in Part LD. of this permit. h) Types of :divides Covered by this Permit: This permit may arrbonz: ail new and existing discharges of stormwat.-r assoc aced with construction activity. This includes stormwat din. -barges from areas that are dedicated' to praduc:ng =hen materials, such as soils, sand and gravel, for use at a single construction site. This permit also includes stormwazer discharges from dedicated asphalt bare -a plants and dedicated concrete batch plants. This permit does not authorize the discharge of neige water ar prods water from such areas. 3. A/indication, Due Dates a) Application Due Dates: At leas` ten days prior to the anticipated date of diwnarge, or by October 1, l992. i whichever is late;, the operator of the construction activity shall submit an application for as provided by th f. Division, with a =:tific tion that the Stcrmwater Management PI= (SVIM?) is complete. One original ccmpleted discharge permit application shall be subtrit ed, by mail ar hand delivery, to: Coior�do Department of Public Health and Environment WQCD-WQP-B2 4300 (21= -Ty Creek Drive South Deaver, Colorado 8022? -1530 Ate=tion: Permits Unit b) Summary of Application: The application requires, at a minimum. the following: 1) The operator's name, address, telephone number, tax payer identification number (or employer identification number), and the scants as Federal, State, private, public or other entity; 2) Name, runty and lornation of the construction site, including the Township, Range, section and quarter section and the batio de and longitude to the nearest 15 seconds of the approximate center of the consructioa activity; 3) A brief des iption of the nature of the construction activity; 4) The anticipated starting date of the project and the anticipated schedule of mmpleti.on 5) Esti-^ar-a of the total area of the site, and the ar= of the site that is expected to be disturbed; 6) The name of the riving water(s), or the municipal separate storax sewer system and the ultimate receiving water(s); 7) A list of any other environmental permits (including city or county grading permits) currently held for the site; and 8) Certification that the SA/MP for the construction site is complete (see fart LB, below). C • • PART I Page 4 Permit No. COR -030000 A. COVERAGE UNDER 1:-:15 PERMIT (cant.) 9) Tae sig-a:um of the applicant signed in accordance with Par I.E.I of this permit. 4. Permit Cerduration Procedures If the ge :cera: pe. M. is applicable to the applicant's operation, teen z w:eifim:ioe will be developed and the applicant will be a ther.z.°d to discharge starmwater under this general permit- a) eri . a) Request for Additional Information: The Division shall have up to ten days after receipt of the above iaformaden to r%uest additional data and/or deny the authorization for a=y particular discharge. Upon ren.: of additional ic.forrmdon. the Division shall have an additional ten days to issue or deny authorization for t: particular disc a ge. (Notification of denial shell be by letter, its rases where coverage under an alternate genal pen:it or an individual permit is required, instead of coverage =cider this permit.) b) Automatic Coverage If the applicant does not receive a request for addidenal information or a notification of denial from the Division dated within ten days of receipt of the appi.zcatioe by the Division, authorization discharge in a=orciance with the conditions of this permit Shall be domed granted. c) Individual Permit Required: If, after evaluation of the applicadan (ar additior.al information, such as the SWMP), it is found that this general permit is not applicable to the opera ion, dem the application will be processed as one for an individual permit. The applicant will be nod: of the Division's decision to deny cm-tification g:.der this general permit. For an individual permit, additional ia.format;on may be requested, an ISO days will be required to p. . ws the application and issue the d) Tetnpor ry Cove Noeviths anding'Parts I.A.4.a-c, above, the Division r 'es the right to temporarily cover stor water: discharge from construction activiry rider general permits, even though individual mend: coverage any be more appropriate. Certification of these acdviti under a general permit does not in any way infringe an the Division's right to revoke that cove -age led issue an individual permit or ascend an existing individual permit. e) General vs. Isidivicliul Permit Coverage: Any owner ar operator autuorze4 by this permit May request to be excluded frem the coverage of this permit by applying for an individual (DPS permit. The owner ar operator shall submit an individual application, with reasons supporrng t: a reques±, to the Division at least 130 days prier to any air irge. t) Local Agency ,authority: This permit does not pre -erupt or supersede the authority of local agencies to prohibit, r='ict, or control discharges of storatwater to storm drain syre =s or other Water courses within their lurisdictica. 5. Inactivation Notice When a site has been ;,wally stabilized in accordance with the SWIIdP, the operator of the facility must submit an Inactivation Notice that is sigzied in accordance with Part I.E.I. of this pcnnit. The inactivation Notice form is available from the Division and includes: a) Permit cerifir...doa number; b) The permieee's ;tame, address, telephone number; c) Name, location, and county for the construction site for which the appiicaiion is being submitted. d) Certification that the site bas been finally stabilized. 6. Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one individual to another, the • • A. COVERAGE L +-DER T:- S PERMIT (cont.) PART I Page 5 Pe;-..ir No. COR -030000 per ^...itte sell, submit a rem 1et.:d Notion of Tramsfer and Acceptance of i e= of a Construction General Stormwater Disc arg P..:,..it Certification that is signed in accordance wit; Par: I.E.1. of this permit. The Notic of Transfer for= is available from the Division and includes: a) b) c) d) e) f Permit c.'-,ificar:ca =her. her. Nage, location, and county for the co The currrt pe ^lace's name, a'dr°ss, other entity. The new permit+,.e&s name, address and other eadty. Ce tif.:C:1tion that the new permittee has and liability for the perr.u`t. Eflecdve date of trzt•:sfer. 7. Permit Expiration Date cons' site for which the appiimtion is being submitted.. telephone number and the sans as Federal, State, private, public o: telephone number and the statris as Federal, State, private, public or reviewed the permit and SWMP and ac...epts responsibility, coverage Authorization to disc arg- under this general permit shall expire on June 30,1CO2. The Division most evaluate anL reissue this general p=it at least once every rive years and muss recertify the applicant's authority to discharge under the genal....it at such time. Many permittees will have filed a Non= of Inactivation (see section A.5. above) by that dint and will not be affected by permit expiration. Any permit= desiring continued coverage under the general permit W:sz =poly by March 31, 2002. The Division will detz=ine if the applicant may continue to operate under the terms of the general permit. An individual permit will be rrrruiz for any facility not reauthorizes: to r;c"irge under the reissued general permit. S. Individual Pewit Criteria Aside from the avivity type, the Division umy use other criteria in evaluating whether an individual permit is required instead of this general permit. This information may come from the application, SWMP, or additional information as requ by the Division, and includes, but is not Limited to, the followingt a) b) c) d) the quality of the receiving waters (i.e., the presence. of downstream drrkrng water intakes or a high quality fishery, or for preservation of high quality water); the six: of the =last -7=d= site; evidence of noncompliance under a previous permit for the operation; the use of cliectis within the storsnwater system. In addition, an Mdividual permit may be required when the Division has shown or has reason to suspect that the stormwater discharge may conmibuce to a violation of a water quality standard. B. CONTENTS OF 7-1E Si ORMWA i MANAGEMENT PLAN The SWMP shall be pr.-trar d in accordance with good engineering, hydrologic and pollution control practices. (Tile SWMP need not be prem by a registered engineer.) The main objective of the plan shall be CO identify Best Management Practic s (3MPs) which when implemented will meet the terms and conditions of this permit (sea Part I.C.. below). The plan shall identity potential sour=s of pollution (including sediment) which tray reasonably be expected to affect the quality of rsnw:ter r*;s s-/rges associated with construction activity from the f2^1iry. In addition, the plan shall describe and ensure the implem<.atation of BMPs which will be used to reduce the pollutants ria stormwater discharges associated with construction activity. Construc4on operations must implement the provisions of the SWMP required under this part as a condition of this pit. • • B. CONTrNT S CFr- E STOR°4WA L MANAGEMENT PLAN (cont.) The SWMP shall include the following itec:s, at a miairrum: I. Site Desc-iodon PART I Page 6 Permit No. COR -030000 Each pian shall provide a d enation of the fallowing: a) A descriptio; of the construction activity. b) The ;proposed sequence for major activities_ c) Estimates of the caul at= of the site, and the area of the site that is expected to undergo clearing, excava is ar grading. d) An esitimate of the runoff coefficient of the site before and after construction activities are completed and an;• existing data des...:bing the soil, soil erosion potential or the quality of any discharge from the site_ e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover. f) The lorattcn and description of any other potential pollution sources, such as vehicle fueling, storage of fertilizrs or chemicals, et; g) The location and des..ription of any anticipated non-stormwater components of the discharge, such as springs and landsspe irrigation rerum flow. h) The name. of the receiving water(s) and the size, type and location of any wziail or, if the discharge is to a municipal s rate storm sewer, the name of that system, the location of the storm sewer ' b ge, and the ultimate r.. diving water(s). 2. Site Map Each pias shall provide a gmm-alized site map or maps which indicate: construction site bauodaries all arms of sail d istzzbance arras of cut and fill arras used for garage of building materials, soils or wastes loeattion of any dedicated asphalt or concrete batch plants - location of major erosion control facilities or structures - springs, s:re3,: s, wetlands and other surface waters boundaries cf Its -yea: flood plains, if determined. 3. EMPs for Storrnwj.ter Pollution Prevention The plan shall Mc!tX.:tt a narrative description of appropriate controls and mean= that will be implemented before and during coast -notion activities at the facility. The plan shall ciearly describe the relationship between the phases of cons<rae~ion and the implementation and maintenance of ocnrmls and measures. For example, which controls will be inrplemessted during each of the following stages of crisis o ion: clearing and grubbing necessary for perimeter controls, initiation of perimeter controls. rencain ng cisar..ng and grubbing, road grading, storm drain inmfl=tion, final grading, stabilization, and removal of canna' ensures. The description of cools address the following minimum componeuts: a) Erosion and Sediratett Controls. 1) Siruaurai Practices. A description of structural site management protases which will rninirrriy•• erosion and sedi.mert =port. Such practices may include: straw bales, silt fences, earth dikes, drainage swales, sediment imps. sucsurfs= drains, pipe slope drains, inlet protection. outlet protection, gabioas, and temparar.' ar permanent sediatent basins. l3 • • S. CONTE.NTS OF Tz S':'OR.1tWAThR MANAGEMENT PLA (cont.) PART l Page 7 Permit Na. COR -030000 2) Non -Ste coal Pracnces. A description of interim and pe: -...anent stabilization practices, including specific s. 'rE g of the implementation of the practices.. Site plias should esu that existing vegetation preserved where pos bie and that disv,:rbed areas are szabiIiz d. Non-structural practices may include: temporary sewing, per•.,aceat seeding, mulching, geotex:iies, sod stabiiimtion, vegetative buffer strips, protection of , and preservation of toarure vegetation. b) Materials l=andlinct and Soil! Prevention. The shall ideal ' any procures or significant materials (see definitions at Part 1.D.) handled at the site that could xn*tibute pollutants to runoff. These could include: exposed storage of building materials, fcrtili=rs or . e..icals; waste piles; and equipment maintenance or fueling procedures Arcs or procedures when potential spills can occur shn11 have spill prevention and response procedures identified. Measures to corinoI sttormwater pollution from dedicated concrete batth plants or dedicated asphalt batch plants covered by this c=ihc;uion, must be identified in the SWC. 4. Final Stabilization and Lon tm-rn Storrnvwater Management A description of to measures used to achieve final stabilization and recasts= to control pollutants in stormwater discharges that will o= r after nowt action operations have been co p1e;L. Final stabiliy-+r;an is red when alI soil disturbing activities at the site leave bee completed, and uniform vegetative cove: as established with a density of at least 70 perc=t of pre disturbance levels or equivalent permanent, physirai er;.sion reduction methods has been employed. Far purposes of is ?emit, establishment of a vegetative cover capable of providing erosion control equivalent to pre-exisUng condinces ar the site can be considered final stabil= r;'on The pe-mir..ft will be responsible for providing to the Divisicn the documentation to make this comparison. The Division may, after consultation with the permittew and upon rececause, =end the final stabilization criteria for spwi:ic operations. 5. Other Controls A description of other ; sures to control pollutants in stornwater dim arges including plans tor waste disposal and limiting off site soil z.,c g. 6. Inspection and Maintfmance A description of *. to inspect and maintain in good and effective opting condition the vegetation, erosion and sediment control =sures and other protective measures identified in the SW14P. C. TERMS AND CON'DriiCNS 1. General Limitations Stormwater dice 73, -gee ] n consauction sites shall not cause or threaten to rause pollution, conrAmir,,rion or degradation of State was_. --s in aoordance with the basic (casrative) standards applicable to surface Water5 of the state (3.1.11), canal: w ;n The Basic Standards and Methodologies for Sae= Water, 3.1.0, as follows: • • C. TER2vMS AND CONt'DiT;C,NS (cora.) PART I Page 8 Permit No. COR -030000 'BASIC STA_NDa?.DS APPLICABLE TO SURFACE WATERS OF 1.74.7 STAT - All surfac:, waters of the Sin: arc subject to the following basic standards; however. discharge of substances regulated by permits which are those permit lineations spall not be a basis for enforcement proceedings under hie basic standards: (1) Except whey authorized d by permits, BM's or plass of operation approved by the Division, state surface was.= a shall be free from substances arrributobie to human -caused poi:: source or uaapaint source discharge amounts, c n--ettzatians or combinations: (a) which = ser.le m form bottom deposits detrimental to the b=eticiai uses. Depositions are stream bottom buildup of materials which include but are not ,limited :o =aerobic sludges, mine slurry or tailings, sat, or mud; or (b) which form floating debris, scum, or other surface materials sufnicicatto harm existing beneficial uses; or (c) wtdch produce color, odor, or other conditions in such a degree as to =te a nuisance or harm eistin; beneficial us= or impart any undesirable taste to significant edible aquatic species or to the water, or (d) which are harmful to the beneficial uses or toxic to humans, arf"i1C plants, or aquatic life; or (e) which prod= a pr otainance of undesirable aquatic life; or (f) which muse a. film on the surface or produce a deposit an shorelines.' 2. Specific Lirnitstiors The following L-;mni ns smell apply to all discharges covered by this perm= a) Conci to wash, water stall not be discharged to sate waters or to storm sewer systems. b) Bulk storage =.-.nars for petroleum products and other chemicals c4=1I bave adequate protection so as to c,octai.: ail wills rid prevent any spilled material from entering State waters. c) No chemicals are to be added to the discharge unless permission for the use Ora specific chemical is granted by the Division. In granting the use of such chemicals, special conditions and monitoring may be addressed by separate d) The Division r=-ves the right to require sampling and testing, on a =se -by --case basis, in the event that the is reason to srspew that compliance with the SWMP is a problem. or to measure the effectiveness of the BMPs in removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing. e) All wast. c esed of building materials must be removed from the site for disposal in licensed disposal facilities. No building material wastes or unused building materials shall be buried, dined, or discharged a: the site. f) Off-site vehicle nuc3ctag of sediments shall be minimized g) All dim-f,2rge:s must comply with the lawful requirements of municpaiities, counties, drainage districts and other local ages regarding any dischatrges of stortuwater to storm drain systems or other water courses under their jiurs~iction, including applicable requirements in municipal stnrmwater management programs developed to ccxply with CDPS permits. Dischargers must comply with local stormwater management requirements, ,policies or guidelines including erosion and sediment cot:mol. 3. Prohibition of Nan-srormv ater Dvsrharors a) Except as provided in , graph b, below, all discharges covered by this permit shad be composed entirely of stormwat€r. DicrkIrges of material other than stormwater intra` be addressed in a separate CDPS permit issued for that discharge. l5 • C. TERMS AND COND17ONS (cont.) PART I Page 9 Permit No. CCR -030000 b) Discbsrg= frr c the follow -.ng sources that aro combined with st rrzwater discharges associated with construction activity may be authorized by this permit, provided that the non-stormwater component of the discharge is idenriFied Le. the SW MP (ser Pan I.B.1.g of this pert.^.t): - rre. fighting activities - landscape irrigation ,ern n flow - springs 4. Releases in Excess of Reportable Quantities This perszrit does not relieve the permittee of the reporting requirements of 40 CR. 110, 40 CFR 117 or 40 CFR 302. Any discharge of haaus mat~.-rial must be handled in accordance with he Division's Notification Requirements (sex Part II.A.3 of the permit). S. Stormwater Marntze-nent Plaits Prior to cork ---t of construction, the stormwater management pia. (SW'r#.p) cki1I be implemented for the construction site cove by this permit. a) Signatory Requirements: The pian shall be signed in accordance with Part I.2.1., with one retained on site. The pian shall be made available to the Division, to local agencies or to EPA upon request. b) SWMT ReviewfC.l>arges; The permittee sr,iU amend the pian wbe; ever there is a significant change in design, eoas.�. pion, operation. or rr2intenance, which has a sighifit eft= on the potential for the discharge of pollutants to the waters of the State or if the SWMP proves t be ineffective in achieving the general objecives of concniling pollutants in stormwater discharges nssoeiared with construction activity. 6. Inspections a) Active Sites -For sites where constriction has not been completed, the pe siree .hall make a thorough inspection of heir =arm -water management system at leasr every 14 days z ;d after any precipitation or snowmelt event that =uses surface erosion, 1) The cons :~..con site perme:er, disturbed arms and areas used for material storage that are exposed to preMpitaticn shall be inspected for evidence of, or the poteadal for, poilummts entering the drainage system. Erosion and sediment control sneasures identified in the SlArlise ch211 be observed to ensure that they ata oper-.tt:ng correctly. 2) Based an t:.e =tits of the inspection, the description of potential pollutant sources, and the pollution prevention and coatrzll measures that are identified in the SW MP shall be revised and modified as appropriate as soon as practicable after such inspection. Modifications to control measures shall be implem=t. in a timely manner but in no case more than 7 cat=dar days after the inspection_ 3) The operator shall keep a =cord of inspections. Uncontrolled releases of thud or muddy water or measurable quanhues of sediment found off the site shall be retarded with a brief explanation as to the measum mk= to prevent funrrt releases as well as any measure taint as clean up the sedinHent that has left the sites This =corachfl be made available to the Division :mon request. b) Completed Sites - Far sites where ail construction activities are complexed but final stabilization has not been achieved due to a vegetative cover that has been planted but has not 'become established, the perzrittee shall make a thorough inspection of their stormwater management system at least on= every month, Whey site conditions make this schedule impractical, permittees may petition the Division to grant an alternate rection schedule. These inspections must be conducted in accordance with paragraphs 1), 2), and 3) of Part LC.S.a. above. 1� C. TmRMS AND CONDITIONS (coat.) PART Y Page 10 Permit No. COR -030000 c) Winter Conditions - Lr.spec ions, as described above in a) and b), will not be required at sites where snow cover exists ovr, the entire site for an extended period. and melting . It:Urioas do not exist. This exemption is applicable ar "y during the perked where melting conditions do not exist. Regular inspections, as describec above, ar required ar all other times. 7. Reporting, No regular reporting requirmeafs are included in this permit, however, the Division reserves the right to request Mac a copy of the inspection reports be submitted. 8. 5WMP Submittal Litton Request Upon request, the per -„lute shall submit a copy of the SWM -2 to the Division, and any local agency in charge of approving sCd1rr■^t and erosion plans, grading plans or stormwater maaagemeect plans. All SW -1s required under this permit are considered reports that shall be available to the public tinder Section 308(b) of the CWA. The owner or operator of a facility with stormwater dTqr'1/rges covered by this permit shall make plank available tc members of the public upon request, unless the SWIe has been submitted to the Division. However, the pe. -mite- may claim any portion of a SWIMP as confidential in ao ordannce. with 40 CFR part 2. D. ADDITIONAL D T IONS For the purposes of this .:....it: 1. BAT and BCT: (files Available Technology and Best Conventional Tc aoIa3y) T bnology based federal water quality ire a ns cove. -moi under 40 CFR subchapter N. 2. Best management pracdc ()EMPs): schedules of activities, prohibitions of practices, mainrmsance procedures, an other manages= pea cis to prevent or reduce the pollution of waters of the Stare. BMPs also include treatment requirements, apera„ng procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from -rare rias storage. 3. Dedicated asphalt plants and concrete plant: portable asphalt plants anti ccn=te plants that arta Located on ar adjacent to a cons r.:o oa site and that provide materials only to that specific construction site. 4. Final stabilization: when aLI soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70 percent of pre -disturbance levels, or equivalent pexmat t, physic:.: erosion reduction i .,ods have been employed. For purposes of this permit, esnbiishnieast of a vegetative cover capable of providing =sioii control equivalent to pre-existing conditions at the site will be considered final stabilization. 5. Municipal storm sewer system: a conveyance or system of conveyanc (iccluding: roads with drainage systems, municipal szree , etc: basins. aurins, gutters, ditches, man -anode channels, or storm drains), owned or operated by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over dispel of sewage, industral waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater. 6. Operator. the individual who has day to day supervision and control of activities ocmtrring at the construction site. This can be the awne;. the developer, the general contractor or the agent of one of these parties, in some circumstances. It :s aaacipated that at different phases of a constsuctian proje, different types of parties will satisfy the definition of 'operator' and that the permit will be transferred as the roles change. 7. Outfall: a point source at the paint where stormwater leaves the construction site and discharges to a receiving water or a star:swat= collection system. • • D. ADDITIONAL. De. t T.O S (coat.) PART I Page 11 Permit No. COR -030400 8. Part of a larg. common plan of development or sale: Part of a larger common plan of development or sale is a contiguous area when: multiple separate and distinct construction activities may be taking place at different tinges c different schedules under one plan. 9. Point source: any disc.trribie, confined and discrete conveyance from which pollutants are or may be discharged. Point source din,:. argm of stormier result from structures which incense the imperviousness of the ground waic� acts to collect rs,.off, with runoff' being conveyed along the resulting drrzi age or grading pattern. 10. Process water any water which during manufacturing or processing, comes into contact with or results from the production of any raw material, intermediate product, finished product, by product or waste product, This dcfiaitic: includes mine drainage. 11. Receiving waters: any waters of the state of Colorado. These include any and all surfact waters that are contained in or flow in or through the state of Colorado. This definition includes all ware; courses, even if they are usually dry. 12. Runoff coef dent: the fraction of total rainfall that will appear as runof. 13. Significant Il tenials. includes but is not limited to: raw materials; fuels; matw.als such as metallic products; hazardous substanc= d ;nate; under section 10 1(14) of CERCI -A; any chemical the facility is required to report pursuant to sewn 313 of title M of SARA; fertilizers; pesticides; and wase products such as ashes, slag and sludge that have the potential :o be released with stormwater discharge. 14. Stormwater: ar::;its::cn-induced surface runoff. 15. Waters of the state of Colorado: any and all surface waters that are contained in or flow in or through the state of Colorado, This de^,.:icon includs all water courses. even if they are usually dry. E. GENERAL REQUIREMENTS 1. Signatory Reguir i,e a) All reports required for submittal ,chaIl be signed and certified for a=,;r :y by the permittee is accordance with the following :iteria: 1) In the case of corporations, by a principal executive officer of at It= the level of vi -president or his or her duly authorized reareseasasive, if such representative is r risible for the overall operation of the facility free=, wttich the discharge described in the form originnre ; 2) In the case of a partaeersh.ip, by a general partner, 3) In the msc of a sole proprietorship, by the proprietor; 4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected or:c^al, or other duly authorized employee.. b) Changes to authorization. If an authorization under paragraph a) of this sezxicn is no longer agate because a difft individual or position bas responsibility for the overall operation of the facility, a new authorization sacs:vi„g the requirements of paragraph a) of this section crust be submitted to the Division, prior to or togeth.e: with any reports, information, or applications to be signed by an authorized representative. c) Certification. Any person signing a document under paragraph a) of this section shall make the following certification:. 'I arae), =dz.- penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system, designed to assure that qualified personnel properly gather 1� • • E. GENERAL REQL.� n"r2`+ T S (cont.) PART I Page 12 Permit No. COR -030000 and evaluate the information submitted. Based on my inquiry of Me person or persons who manage th system, or lose persons directly responsible for gathering the information, the information submitted : to the bes of my knowledge and belief, true, accurate, and complete 1 am aware that there are sighii5ca penalties for submitting false information, including the possibility of tine and imprisonmen: for lCowiag violacons.' Retention of Record a) The permittee s+21I retain copies of the SWMP and all reports required by this permit and records of all da�- used to complete the application to be covered by this permit, for a period of at least three years from lite d� that the site is finally stabilized b) The permit:t e 6.211 retain a copy of the SWMP required by this permit at die construction site from the date of project initiacon to the date of final stabilization, unless another logon, specified by the permittee, is approved by the Division. PART II A. MANAGEMENT RRE.Q(.7a5 MN T S 1. Chante in Discharge The pertain= shalt inform the Division (Permits and Enforcement Section) in writing of any intent to construct, install. or alt. - any procss, facility, or acnviry that Ls likely to result in a new or altered discharge, and shall furnish the Division such plans and specifications which the Division d=rs rmsc ably necessary to evaluate the effect on the disc -Ea -1e and re=iving stream. The SWMP shall be updated within 30 days of the changes. The perraittee. shall submit this notice to the Division within two weeks after tenkri,g a determination to perform type of activity refer~ d to in the preceding paragraph. Any discharge to the waters of the State from a point sour= other than spermf:=11y authorized by this permit is probibiteo. Soec.3l 'Notifications - Definitions a) Spill; An unintentional release of solid or liquid material which may cause pollution of state waters. b) Upset: An ex doral incident in which there is unintentional and temporary noncompliance with per it effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include nonccmpfiancc to the extent caused by operational error, in`prcperiy designed treatment facilities, inadequate trea==t facilities, lack of preventative maintenance, or careless or improper operation. 3. Noncompliance Notification a) If, for any reason. the permittee does not comply with or will be unable to comply with any permit limitatioeis, =darns or permit requirements specified in this permit. the permittee shall, at a minimum, provide the Ware- Quality Control Division and EPA with the following oa ornsation: I) A desorption of the discharge and cause of noncompliance; 2) The period of noncompliance, including exact dates and times and/Or the anticipated time when the discharge will return to compliance; and 19 the • • A. MANAGEMENT R:QL MEN i S (cont.) PART 11 Page 13 Permit No. C©R-030000 3) Steps being take to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b) The per:t:irtet ' U report the following instances of noncompliance orally within twenty-four (24) hours fro: the time the pe:min= becomes aware of tlae noncompliance, and shall trail to the Division a written re; rt within five (51 :lays after becoming :g aware of the noncompliance (unless otherwise specified by the Divisicc): 1) Any irs:a.ace of noncompliance which may endanger health or the environment; 2) Any spill or discharge of oil or other substance which may cause pollution of the waters of the state. c) The permittee shall report all other instances of non-compliance to the Division within 30 days. The reports shall contain the information listed in sub -paragraph (a) of this seedoa. 4. Submission of Incorrt or Incomplete Information Where the permit= failed to submit any relevant facts in a permit application, or submitted incorrect information i a permit application or report to the Division, the permittee prornpdy submit the relevant application information which was not submitted or any additional information needed to carr any erroneous information previously submitted. 5. Bypass The bypass of +r= --^* facilities is generally prohibited. 6. El= a) Effect of an Unset An upset constit.Its as affirmative defense to an action brought for necccmpiiance with permit limitations and requirements if the mee„ttsirrmews of paragraph b of this section aro met. (No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.) b) Conditions Nry for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signe contemporaneous operating logs, or other relevant evidence that 1) An upset petrel and that the permittee can identify the specific cause(s) of the upset* 2) The permined facility was at the time being properly operated; 3) The permitter submitted notice of the upset as required in Part ILA3. of this permit (24-hour notice); and 4) The pe miiin a complied with any remedial measures required tinder Section 122.7(d) of the fell regulations. c) Burdens of Proof In :ny cafarce ~r^* preceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. • • A. MANAGEMENT REQUIREMENTS (cont.) 7. Removed Substances PART lT Page 14 Permit No. COR -030000 Solids, sludges, ar other pollutants removed in the course of treatment or control of wastewaters shall be proper!'" disposed of it a Win.., s,:.^w as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Ad7erse impact The permittee talc- ail reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations spe~ified in this permit, including such ac.-elerated or additional monitoring as ne=sary to determine the nature and impact of the noncomplying discharge. 9. Reduction. Loss, or Failure of Treatment Facility The permittee has he duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, ar failure of the trent facility, hep site e 0,211, to the extent necessary to maintain, compliance with irs permit, control production, or all discharges, or both until the facility is restored o- an alternative method of treatment is provided. It shall not be a defense for a permittee in an enforcement action that it would be am --miry to halt or reduce the permitted acriviry is ardtn to maintain. compliance with the conditions of this permit. 10. Prooer OIteration and Maintenance The permittee gall at ail times properly operate and maintain all facilities and systems of treatment and control (ane related appurtenances) which are installed or used by the permittee to achieve ot`miiaace with the conditions of this per role. Proper operan= and maintenance includes effective performance, ad=,vate funding, adequate operator staffing and trti^ing, and adequate laboratory and process controls, including app cpkiate quality assurance procedures. This provision requires the operation of back-up or auxiliary faciiitiss or similar systems only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBEJi". S 1. Inspections and Right to Enz-v The permittee shall allow the Director of the State Water Quality Conessi Division, the EPA Regional Administrator andfor their autherz d r ormeztative, upon the presentation of c:edenriaks: a) To enter upon the e:mittee's premises where a regulated faciliry or activity is located ar in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable tires to have ace= to and copy any records required to he rcpt under the terms and conditions of this permit and to inspect any monitoring equipment ar monitoring method required in the permit and c) To enter upon the per:nict 's premier to investigate, within reason, any ar+uaul, suspected, or potential source of water pollution. or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not !united to, the following: sampling of any discharge at;dfor process waters, the taking of photographs, int.. -dewing permittee star on alleged violations, and access to any and all facilities or areas within the pe:r:ittee's premises that may have any effect on the discharge.. permit, or alleged violation.