HomeMy WebLinkAbout1.0 ApplicationATTORNEYS
DAN KERST
dan@dankerstpc.com
KELLY CAVE
kelly@dankerstpc.com
DAN KERST, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
823 BLAKE AVENUE, SUITE 202
GLENWOOD SPRINGS, COLORADO 8160I
TELEPHONE: (970) 945-2447
FACSIMILE: (97 0) 945-2440
PARALEGAL
ELISABETH GETZEN
egetzen@dankerstpc. com
January 14,2008
Fred Jarman
Garfield County
Building & Planning DePartment
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: NieslanikSubdivisionExemptionApplication
File #: 12923
Via Hand Delivery
Dear Fred:
Our firm represents Paul R. Nieslanik and Celia R. Nieslanik who own propcrty_located.in
Section 34 and 35, Township 7 South, Range 88 West of the 6th Principal Meridian. The Nieslaniks
would like to divide the parcel into two (2) lots to allow for the transfer of approximately 2+ acres of
the property to their daughter, Karen Crownhart.
In compliance with Garfield County's submifial requirements, the applicants provide the
following information for your review:
1. Exhibit A is a preliminary exemption plat from High Country Engineering showing
the legal description of tLe property, proposed lots, access to a public right of way
(County Road 100) and a vicinity map.
Z. Exhibit B is a draft Access Agreement over Parcel 2 for access from County Road 100
to Parcel 1.
3. Exhibit C is the deed showing ownership by the applicants and a recent boundary line
adjustment.
4. Exhibit D is a copy of the Garfield County Assessor's Map showing the subject
property and adjoining property owners and a list of the names and addresses of
owners of recori of hnd immediately adjoining and within 200 feet of the proposed
exemption, mineral owners and lessees of mineral owners of record.
5. Exhibit E provides evidence of soil types and characteristics located on the property
from the Soil Survey of Aspen-Gypsum Area, Colorado and applicable soil
descriptions.
January 14,2008
Page 2-Fred Jarman, Nieslanik Subdivision Exemption
Exhibit F is a letter from Eric
January 9,2008 describing the
the exemption.
Please contact me if you have any q
additional information.
Paul and Celia Nieslanik
Karen Crownhart
t, P.E. from Resource Engineering Inc. dated
status of adequate legal and physical water for
6.
8.
7.Sewage disposal shall be from individual sewage disposal systems, one for
each lot. If the exemption is the parcel owners shall apply for and build
ISDS to serve their lot when
The property is located inthe & Rural Fire Protection Distict. Exhibit G
is a letter from Deputy Chief Bill which states that the properly is located in
the Carbondale & Rural Fire District and that it will have fire protection.
unity ormunicipal water or sewer system (see9.The property will not connect to a
Exhibit F).
10. The previous owners, Alex
January 1,1973.
and Rose Creton, owned the subject parcel on
11. A check in the amount of $300.for the base fee.
in regards to the application or need any
KELLY CAVE
ffi
GARFIELD COUNTY
Building & Planning Departr
1OB 8th Street, Suite 401
Glenwood Springs, Colorad,
Telephone: 970.945.8212 F
www. qa rfi eld-cou ntv. com
rnt iAN I 4zoog
81601 ". .!,
csimile: 970.384.3470 i., . , ,;r,j,j
Exemption from the I efinition of Subdivision
GENERAL
) Street Address / General Location of Pl
Driver Carbondale
NFORMATION
loeftV: County Road 100 and Snowmass
) Legal Description of Parent Property:_qaa at{.a.lhed l-teed at Exhibit C
Size of Propefi (in acres) as of Januar
Current Size of Propefi to be Subdivid
Number of Tracts / Lots Created lncludi
Proposed size of Tracts / Lots to be Cre
o Lot #: 1 containing 2'c
o Lot #: 2 containing 64'c
o Lot #: containing :___o Lot #: containing
o Lot #: containing
Property's Zone District: a/R/Rn
Name of Prooertv Owner: Paul R. Nj
1,1973: 64^185
rd (in acres): 65'orz
rg remainder of Parent Property: 2
rted lncluding remainder of Parent Property:
)5 acres
.L2 acres
_ acres
_ acres
_ acres
rslanik Celia R. Nieslanik
) AddreSs: o4B1 county Road 1oo
F City: carbondale State: -
F Name of Owner's Represenlallve-tfanl
Telephonet qaz-zqs2
Zip Code: 81623 FAX:
(Planner. Attornev):
.c.xelly Cave, Esq., Dan Kerst, I
F AddreSS: 823 Blake Ave.,#202
F City: cr enwandr s'ri ngs State: -1
STAFF
Date SuF Doc. No.:
Planner:
TelePhone; e45-2447
t- Zip Code: R1^nr FAX: qaq-raao
USE ONLY
lmitted:
Hearing Date:
TC Date:
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption')
shall specifically respond to all the following items below and attach any additional information to be
submitted with this application:
1. Provide a narrative explaining why exemption is being requested.
2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property,
dimension, area, and legal description of all proposed lots or separate interests to be created,
access to a public right-of-way, and any proposed easements for drainage, irrigation, access or
utilities.
3. Vicinity map at a minimum scale of 1"=2000'showing the general topographic and geographic
relation of the proposed exemption to the surrounding area within two (2) miles, for which a
copy of U.S.G.S. quadrangle map may be used.
4. Copy of the deed showing ownership by the applicant, or a letter from the propefi owner(s) if
other than the applicant.
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the
subject property and all public and private landowners adjacent to your property (which should
be delineated). !n addition, submit a list of all property owners, private and public, and their
addresses adjacent to or within 200 ft. of the site. This information can be obtained from the
County Assessor's Office. You will also need the names (if applicable) of all mineral interest
owners of the subject property, identified in the County Clerk;and Recorde/s records in
accordance with 924-65.5-101, et seq. (That information may be found in your title policy
under Exceptions to Title).
6. Evidence of soil types and characteristics of each type located on the property.
7. Provide proof of legal and adequate source of domestic water for each lot created
8. Method of sewage disposal.
9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the
subject property is located.
10. lf connection to a community or municipal water or sewer system is proposed, submit a letter
from the governing body stating a willingness to serve the property.
11. lt shall be demonstrated that the parcel existed as described on January 1, 1973 or the parce!
as it exists presently is one of not more than three parcels created from a larger parce!, as it
existed on January 1,1973.
12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee
with the application.
13. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Exemption
application has been deemed technically complete.
lt.
Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners
has the discretionary power to exempt a division of land from the definition of subdivision and,
thereby, from the procedure in these Regulations, provided the Board of County
Commissioners determines that such exemption will not impair or defeat the stated purpose of
the Subdivision Regulations nor be detrimental to the general public welfare. The Board has
determined that leises, easements and other similar interests in Garfield County owned
property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling
inai are subject to leasehold interest only and complying with the requirements of the Garfield
County Zoning Resolution, are exempt from these regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from
any parcel, as that parcel was described in the records of the Garfield County Clerk and
Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it
existed on January 1, 1973, must have been 35 acres or greater in size at the time and not
a part of a recorded subdivision; however, any parcel to be divided by exemption that is
spiit Oy a public right-of-way (State or Federal highway, County road or railroad),
prerenling joint use 5t tne propoieO tracts, and the division occurs along the publii right-
of-way, sutn parcels thereby created ffiay, at the discretion of the Board, not be
considered to have been created by exemption with regard to the four (4) lot, parcel,
interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all
tracts of land 35 acres or greater in size, created after January 1, 1973 will count as
parcels of land created by exemption since January 1, 1973.
B. All Garfield County zoning requirements will be rnet.
C. All tots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained.
D. Provision has been made for an adequate source of water in terms of the leqal and
phvsicat qualitv. quantitv and dependabiliW, and a suitable type of sewage disposal to
serve each proposed lot. Proof 6f a legal supply shall be an approved substitute water
supply plan contract; augmentation plan; an approved well permit; legally adjudicated
domestic water source or a contract for a permanent legal supply of domestic water to be
hauled from an outside site for a cistern. Proof of the physical supply from a well for the
public meeting, may be documentation from the Division of Water Resources that
demonstrates that there are wells within a Tt rnile of the site producing at least five (5)
gallons/minute.
Prior to the signing of a plat, all physicat water supplies using a well shall demonstrate the
following:
1) That a four (4) hour pump test be performed on the wellto be used.
F.
2) A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
g) The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing draw down and recharge;
4) A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
S) An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water Per Person, Per day;
6) lf the well is to be shared, a legal, well sharing agreement which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs.
7) The water quality is tested by an approved testing laboratory and meet State guidelines
concerning'bact6ria and nitrates. For water supplies based on the use of cistern, the
tank shall be a minimum of 1000 gallons.
E. Method of sewage disposal, and a letter of approval of the fire protection plan from the
appropriate fi re district.
All State and local environmental health and safety requirements have been met or are in
the process of being met. :
Provision has been made for any required road or storm drainage improvements.
Fire protection has been approved by the appropriate fire district.
Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained.
All applicable taxes and special assessments have been paid.
(The following steps outtine how tfte Exemption frorn the Definition of Subdivision application
review process works in Garfield County.)
Submit 2 copies of this completed application form (pages 1-6) including all submittal
requirements and the base fee to the Garfield County Planning Department. !t will be
received and given to a Staff Planner who will review the application for technical
completeness witnln 15 working days. The Planning Department may request an extension
of time from the Board of County Commissioners for such review not to exceed an
additional fifteen (1 5) working days.
Once the application is deemed technically complete, the Staff Planner wil! send you a
letter indicaiing the application is complete in addition to requesting additional copies of the
G.
H.
L
J.
ilt.
1.
2.
3.
4.
application to be provided to the Board of County Commissioners for their review in
preparation for the public hearing.
Staff will also send you a "Public Notice Forrn(s)" indicating the time and date of your
hearing before the Board of County Commissioners. Prior to the public hearing, Staff will
provide you with a Staff Memorandum regarding your requested Exemption application. (lf
Staff determines you application to be deficient, a letter will be sent to you indicating that
additional information is needed to deem your application complete.)
It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
petition for an Exemption for the public hearing. lf proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed Exemption from the Definition of Subdivision and
nature of the hearing, and the date, time and place for the hearing shal! be given
once in a newspaper of general circulation in that portion of the County in which the
subject property is located at least thirty (30) but not more than sixty (60) days prior
to the date of such hearing, and proof of publication shall be presented at hearing
by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall
be mailed to al! ownerc of record as shown in the County Assessot's Office of lots
within two hundred feet (200') of the subject lot and to all owners of mineral interest
in the subject property at least thirty (30) but not more than sixty (60) days prior to
, such hearing time by certified return receipt mail, and receipts shall be presented at
the hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.'
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request for
Exemption for the subject property. ln addition, the Applicant shall provide proof at the
hearing that proper notice was provided.
At orwithin fifteen (15) days of the meeting, the Board shallapprove, conditionally approve
or deny the exemption request. The reasons for denial, or any conditions of approval, shall
be set forth in the minutes of the meeting or in a written Resolution. An applicant denied
exemption may follow the subdivision procedure in these Regulations.
Once the Board makes a decision regarding the request for an Exemption, Staff will
provide the Applicant with a letter affirming the action taken by the Board with a list of
conditions, if any, to be completed by the applicant.
A plat of an approved or conditionally approved exemption shall be presented to the Board
for signature within 120 days of approval. The plat shall include a legal description of the
5
5.
7.
? plat of a conditionarry approved exemption until all condrtions of approval have been
complied with.
9. The Applicant shall be required to submit a paper .oO, oithe plat and proof that all the
conditions of approval have been met to the Building and Planning Department at least
twenty-one (21) days prior to the expiration of the 120-day deadline required for signing the
plat by the Board. This is to ensure timely Staff review of the materials submitted as well as
proper scheduling the plat to be signed by the board.
10. Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be
presented to the Board for signature within 120 days of approval. The plat shall include a
legal description of the exempted property, and Exemption Certificate, the County
Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been
created on the parcel, that "NOTE: No further divisions by exemption from definition will
be allowed." The plat shall be recorded with the County Clerk and Recorder no later than
thirty (30) days after the Chairman's signature. The Chairman of the Board of County
Commissioners shall not sign a plat of a conditionally approved exemption until all
conditions of approval have been complied with.
I have read the statements above and have provided the required attached information
which is.correct and accurate to the best of my knowledge.
2ng
applicanVowner)
Last Revised: 1 1 11512002
GART'IELD COUNTY BUILDING AI\D PLAI\NING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structure (oBase Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which
may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the
respective positions combined with an hourly overhead cost for the office will be used to establish the,actual
cost of County stafftime devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no nelv or additional applications will Qe accepted.for processing.until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield Countv Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant
is submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ('Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the
application. The Agreement must be signed by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE
Vacating Public Roads & Rights-of-Way
Sketch Plan
Preliminary Plan
Final Plat
Amended Plat
Exemption from the Definition of Subdivision (SB-35)
Land Use Permits (Special Use/Conditional Use Permits). Administative/no public hearing. Board Public Hearing only. Planning Commission and Board review & hearing
Zoning Amendments
Zone District map amendment. Zone District text amendment. Zone District map & text amendment
PUD Zone District & TeXt Ameqdment. PUD Zone District Text Amendment
Board of Adjushent. Variance
' Interpretation
Planning Staff Hourly Rate. Planning Director. Senior Planner. Planning Technician! Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
BASE FEE
$400
$32s
$675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
$200
$100
$300
$2s0
$400
$52s
$450
$300
$s00
$500
$s00
$2s0
$2s0
$50.50
$40.50
$33.75
$30
Determined by Surveyor$
$ll-l'tpage
$10 each additional page
Page2
5.
6.
The following guidelines shall be used for the administration of the fee structure set forth above:
l. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application
If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed
above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staffrate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
GARFIELD COUNTY BIIILDING A}[D PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COLJNTY) *A
(hereinafter APPLICANT) agree as follows:
to COUNTY an application for E u e fn
>i On (hereinafter, THE PROJ
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure
3.
project, it is
application.
APPLICANT and COLTNTY agree that because of the size, nature or scope of the proposed
not possible at this time to ascertain the fuIl extent of the costs involved in procassing the
APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioner$ for the consideration of an
application or additional COUNTY stafftime or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLICAIIT
Page 4
EXH!BIT
a
B. The Property was sPlit into
Exemption Plat recorded as Reception No.
Office of Garfield County (the "Map").
ACCESS AGREEMENT
THIS ACCESS AGREEMENT ("Agreement") is made this
-
day of
, 2008, by PauI R. Nieslanik-and Celia R. Nieslanik (collectively referred to as.Niffi) whose address is 0481 County Road 100, Carbondale,Co 81623.
RECITALS
A. Nieslanik own the real property more particularly described on the attached
Exhibit 'oA" incorporated herein by thii reference, Town of Carbondale, County of Garfield,
State of Colorado (the "Property").
two parcels in accordance with the Nieslanik
in the Clerk and Recorder's
C. As shown on Exhibit A hereto, a proposed road approximately twenty (20) feet
wide shall cross Parcel 2 to access Parcel 1 ("Access Road").
D. The Nieslaniks for themselves, their successors and assigns as to the Property,
desire to enter into this Agreement regarding the creation of an access easement for the Access
Road located on the soutliweste* poiion Parcel 2 for use of a driveway to access Parcel I in
accordance with the terms of this Agreement.
AGREEMENTS
NOW, THEREFORE, for good and adequate consideration, the parties agree as follows:
1. Grant of Access Easement. Subject to the terms, conditions, agreements and
restrictions of this Agpr**L ihe Nieslaniks hereby create and grant a private, nonexclusive
reciprocal and perpetual easement twenty (20) feet wide for purposes of access from County
noaa tOO to parcel I over and across the Access Road as built along the southwestern fence
boundary on parcel 2 as shown on Exhibit'oA" attached hereto ("Access Easement") for the
benefit Lf tn. owners of Parcel I and 2, and their respective agents, contractors, invitees,
permittees, successors and assigns, subject to the conditions herein. The Access Easement is and
rtutt b" used solely and exclusively foi ingress and egress on or related to Parcel I and Parcel 2.
The rights granted herein shall inciude the right to maintain the Access Road as provided hergin,
and to transport on and over the Access Easement vehicles, materials, equipment, and- othe-r
property as reasonably related to the exclusive uses conveyed hereby. Such Access Road shall
t. tt. irimary u.".srio parcel l. That portion of the Access Road used in common for access to
parcels I and2 shall not be blocked in any manner which would restrict access to either Parcel.
2. Access Road Construction and Maintenance. The owner of Parcel I shall
constructth.A"..'@inaccordancewithbuildingspecificatiory.Td
location requirements mutually agreed upon by the parties. The owner of Parcel I shall be
responsible for the repair and maintenance of the Access Road extending from the County Road
to the Parcel 1 improvements. The owner of Parcel 2 shall not bear any cost or expense for such
Access Road repair and maintenance except for the repair of any damage caused by an owner or
lessee of Parcel 2 or their employees, contractors, customers or invitees, which damage shall be
repaired at the sole cost and expense of the owner of Parcel 2.
3. Enforcement. The owrrer of either Parcel shall have the right to enforce, by any
proceeding at law or in equity, the agreements and covenants herein contained. Failure to
enforce any agreement or covenant shall not be deemed a waiver of the right to do so thereafter.
The party prevailing in any action for enforcement shall be entitled to recover all court costs,
including reasonable attorney's fees incurred.
4. Covenants Run With Land. The agteements, covenants, restrictions, conditions,
easements, and obligations herein contained shall be covenants that run with the land and shall
be binding on all persons having or acquiring any right, title, or interest in the above-described
Parcels.
5. Amendment and Termination. The covenants and agreements herein contained
shall continue in full force and effect until amended or terminated by written instrument executed
by the owners of both Parcels.
6. Notices. Notice as hereinabove required shall be deemed delivered upon being
placed in the United States Mail, postage prepaid, and bearing the address of the owner or
owners as shown in the records of the offrce of the Assessor of Garfield County, Colorado.
7. Multiple Owners/Successors. Any reference in these Covenants to a Parcel owner
shall be deemed to include all owners of such Parcel, collectively, and shall also refer to all
successors of such owner or owners.
8. Indemnity. The owners of Parcels I and 2 each agree to indemnify and hold each
other harmless from and against any and all liability, damage, cost or expense, including, without
limitation, reasonable attomeys' fees, which may be incurred by or asserted against the other
party or parties as a result of the negligence or willful misconduct of the indemniffing party,
arising out of or incurred in connection with any work, use and/or accidents arising out of or
incurred on and within the Access Easement.
9. Governinq Law. The validity and effect of this Agreement shall be determined in
accordance with the laws of the State of Colorado.
10. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to
be a gift or dedication of any portion of the property subject to or benefiting from it to or for the
general public or for any public purpose whatsoever, including, but not limited to, dedication as a
public street.
11. Severability. If any provision of this Agreement shall be invalid, illegal or
unenforceable, it shall not affect or impair the validity, legality or enforceability of any other
provision of this Agreement, and there shall be substituted for the affected provision a valid and
enforceable provision as similar as possible to the affected provision.
12. Exhibit Incorporated. The exhibit to this Agreement is incorporated herein and
made a part hereof as if fully set forth herein.
SIGNED this day of 2008.
By
Paul R. Nieslanik
By
Celia R. Nieslanik
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this day of
2008, by Paul R. Nieslanik and Celia R. Nieslanik .
Witrness my hand and official seal.
My commission expires:
Notary Public
A PARCEL OF'LAND SITUATED
NIESLANIK EXEMPTION PLAT
IN LOTS 10, 16, AND 1? IN SECTION 34, AND PART OF LOT 1? IN SECTION 35, T. ? S., R.
COUNTY OF GARFIELD, STATE OF COLORADO
OF THE 6TH P.M.
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NIESLANIK EXEMPTION PLAT
AND 1? IN SECTION 34, AND PART OF LOT 1? IN SECTION 35, T. ? S., R. 88 Tf., OF THE 6TH P.M.
COUNTY OF GARFIELD, STATE OP COLORADO
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A PARCEL OF LAND SITUATED IN LOTS 10, 16,
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SroCrAL WARRAHTT DEMD
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Colondo. b?it:
All firt lrirt of lm 16 rrrd f: Scc$on 3{' lnd-I4^l?' Sclro: t!' ln
To*nship z s-fr, nii;. " lq"a rij an p.u. uu llcr tlorth of 0E DlT cr
r|d nio o.no.-n iifi rirhto_f-rr1, G*ocpt thst rrt oqwJtc{ r (hrfidd
corntv bv drod ;il jffib. 'zi, tyis,ln Bm[ la2, rt Pus Stl' ,
ilil#C. irac, cuRcru cormtY' colardo;
Totcthcr with rll of Grnno':' lnerc* ln my pupaty !*d wl$tn thc
fcnoe tirEf ryp,rrdnt r ilE-rbol,G dr*rtb.d ff;f tfuiFilt'bot |'or llmltcd
b, iny ,*^ p^:fr6'fi; t"'dt*tl "d nlrt* rnd Rio Gnnd ndhod
ight'of-wey ,.'r,i[rr ii r"O hrl b€c|t e**tttd J'd hcrEd wtttrh rhc ftrs of $c
Atd bgethd with rll wrur righs ld ditd righu lqPuTstslt oorurcd
in conne{sr "it i;-.b; dcfibGd prq*tr, L*trimg nio! onntcr' righu
ii ,r," unr- oi"i.,o-sr*rt *-'TT"i"m mfffi #fiTi;hkt lrrcltrder thc Arrhur B' Dudlc
o,rnb|!, inamc-ii tii uir,.rr ser"i."o DiEh u.dBrccd-il Qf NoIq
5ttl in orc rxril'drn oitLm"ia &inty' Colurdo.' Yng ott Wrficr Cotttt
wi& rlt it! !pptl't6,'ccl, rrrd wururt thc titb b trc asnG ryrtnrt elt pcrrnr ctrtmlnl utf
thc Gmnon.
Peur R, Nicdrnik rnd Glh R' ls?bnih' .gq{ot1 1T-*ts1f1{ilD*A[fl1Peul R' Niatrilx lno r'ctlr f,' NEBr'r' v: #fi Jf ,nO **oy b prul n. Hhtbtit
"*r t* il ".t,nUtc
cu,tlOa:iT'.! tutttl p ' .,," ; ,-.r larrory.; ;ffi1il- lO,tr# f f,ffiiffiffi ' il'ffiffi1 ;';; -l*.#n1;5f '"It"i?rttd C?rir R'. Nicdrnih rl Eglll lll oo''r,Mr' 'rp* r!'!- -----olfftdd itd StrE of
C$trondrlc. Colot166, }1|futh-;tg tlrl PmFrty in thc County of
SIGNED 0rir tzttr daY of
STATE OF COI.ORADO )) tc.
COUNTY OF GARFTELD )
Thc forcgoiE ingtsurncnt lter .rc-lm:wlod.3*.-qq"*-.ttb llg!
ffi Htt yik md-ccrir R. Nrcdanik.
My commisiot cxPircr: 114196
EXHIBIT
It0ooG
ATTORNEYS
DANKERST
dan@dankerstpc.com
KELLY CAVE
kelly@dankerstpc.com
DAN KERST, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
823 BLAKE AVENUE, SUITE 202
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 94s-2447
FACSIMILE: (970) 94s-2440
PARALEGAL
ELISABETH GETZEN
egetzen@dankerstPc.com
October 29,2007
Garfield County Clerk & Recorder
109 8th Steet, Suite 200
Glenwood Springs, CO 81601
Re: BoundarY Line Adjustment
Our File #12923
Via Hand Delivery
To Whom It May Concern:
I am writing on behalf of our clients, Paul R. Nieslanik and Celia R. Nieslanik, in regards to
the attached boundary line adjustment affrdavit. The Nieslaniks own adjoininq properties and wi_sh
to transfer approximately l.Srzacres ofland fromatract oflandpresently identffied as ReceptionNo.
43g214,at
-Book g42,iage 344 inthe records of the Clerk and Recorder, Garfield County to be
merged with atract of mi presently identified as ReceptionNo. 432854, at Book 826,Page 610 in
the records of the Clerk and Recorder, Garfield County.
Attached please find the executed affidavit, lot line adjustment plat mylars, and quitclaim
deed.
Please contact me if you have any questions.
Enclosures
xc: Paul and celiaNieslanik (wo copies of preliminary mylars)
Karen Crownhart (Wcopies of preliminary mylars)
Garfield County Building & Planning Deparhnent (dcopies of preliminary mylars)
Yours very tqrly,
llllf;$I['ltlr?,\!llLlllmrl{1''il+rf:ll\,-,J,ll',l l{l'l I !11"H*#rn*l*]H#t:IRecept
1@r3@t2
Receotion#: 736362
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736255 COUNTY CO
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AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT
The undersigned affiants being first sworn upon their oaths, depose and state as follows:
l. We are the owners of real property in the unincorporated area of Garfield County, which is
described on Exhibit "A" attached hereto and incorporated herein by this reference.
2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in
accordance with the Garfield County Subdivision Regulations of 1984, as amended.
3. We hereby represent that no new lots will be created and therefore, that Garfield County will
not be required to issue any Luilding permits, other than what it would be required to issue for the already
existing lots.
4. We hereby represent that none of the parcels of property involved in this boundary line
adjustment is part of a previously platted subdivision of record.
5. We hereby represent that the boundary line adjustment made reference to herein will not
cause the loss of access Uy roaa or to utilities, to any parcel of property involved.
6. We hereby represent that the boundary line adjustment being-made will not result in any of
the lots involved being tess tiran the minimum lot siie allowed as a result of the boundary line adjustment
or create any non-conforming setbacks for any existing structures.
7. We hereby represent that a copy of this Affidavit will be recorded with the Gar,field County
Clerk and Recorder.
. FURTTMR AIIFIANTS SAYETH NOT.
DONE tnis ,4fi& day of September ,2007 .
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After recording refinn to: Dan Kerst' P,C.
823 Blake Ave., Ste. 202, Glenwood Springs' CO 81601
Celia R. Nieslanik
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I1l itrr!,ilpj[!11gjtfljt,t{l11qttqF, ,-rlht li{,ri I l|!#lFJltJ+lHLFLlti,,.r'iltlflrilE!1il llr,lJll,l lllll
fsifltitii:"ffi8J,.:.F:.?6?a6'EBnrrruo couNry co l'[?u!'PgZ F3;93i3?,8%"i"P:"?dl3a'EBnprEr-o couNry co
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was subscribed and sworn to before me this 2oth day of September,2OOT
by Paul R. Nieslanik and Celia R. Nieslanik.
WTINESS my hand and official seal.
My commission expires: Lo/3l/2oo7 Sef.+.! l.{{l
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After recordi4g renrn to: Dan Kerst, P.C,
823 Blake Ave., Ste. 202, Glenwood Springs, CO 8l@t
lll ltrt lEl'llilillll,llll ,l'llHl.h'lllfll+thilli'l -l ll I
Receot i on$ : 736362
1@t3eit2@@7 @2:@3:26 Pll Jean Alberico3 of 3 Rec Fee:$16.@0 Doc Fee:@.@@ GARFIELD CoUNTY CO
Exlibil-"A'
IBSSTEEfABEET
A PARCEL 0F Ll\Nn $ITIJATHD lN Tl"lH CCIUNTY OF GARi:lELn, STATE 0F C0L0RAD0, AM
BEING A F'AR'I'OI- I.O1' 1(] OF SECTION 34, TOWIVSHIP 7 $OUTI-I, RAN$H BB WE$T. OF'THH
S"fH p.M, AS $HOWI! ON THfi: ACC0MPANYIIIG FI.AT, SAlD RtrAL PROpHRTY BHING MORE
PARTICIJLARLY NESCRIBHD A$ FOLLOW$;
COMMHNCING AT T'HH',//|TNH.$$ C0RNHR TO THf $OtJTf{ 1.&l CORNER OF SAID SHC]'ION
35 THENCE N73'49'32'W A DI$]'ANOE OF 4897.1TJ FETT TO A POINT ON THH $OUTI'{ERL.Y
BOUIIDARY OF $AlD L OT 10, ]HE^EaNIQE EESINUINS; THENCE 589"21'1ll',W ALONG
SAID SOUTHERLY BOUNDARY A DISTANCE OF 63,62 FEET: THENCE LEAVING SAID
SOIJTHERT.Y BOUhIDARY N52'49'34'W A DISTANCT CF 262,48 FEET IC TIIE
NORTHEA$THRLY CORNER OF PAT'CH SUBDIVISICIN RECORDHD AS RECEPTION NO.
3OO7O7IN TI{E CI"ERK AND RTCORDER'$ OFFICE OF GARFIETD COUNTY. COLOMDO:
.TF.lENCE
ALONG"THE NORTI{ERLY BOUNDARY OF SAID PATCH SUBDIVISION THE
FOLLOWTNG TWO (2) C0URSEt}:
1) N52'39',34',W A DI$TANCE OF 20.00 FEET
2) N44'35'00'WA DI$TANCE OF 196,14 FEET;-IHENCH LHAVII\IG SAID NORTHERLY
BCUNDARY NBB'22'56'E A DISTANCE OF 417.41FEET; $01"37'14"8 A OISTANCE OF 321.62
FEErrO IHEI,-OINL-QI SEGINNINQ. SAID PARCEL oF LAND cCINTAINING 1.862 ACRE$.
MORE OR LESS.
Said parcel is to be merged with a tract of land presently identified as Reception no.432854, Book
no. 826, Page no. 610 in the records of the clerk and Recorder, Garfield County,
ilil irl ! HtuJ,!ll{,lll,ltl,I,lltll*llrfiLt rffl,ll{'l ll ll I
Receotionfr: 736256
ld Plligl:. P : ; ? I i 3: rE', ":' P!.? a? 36' 3 3 n r r E. o co u Nr y c o
QUIT CLAIM DEED
Paul R. Nieslanik and Gelia R. Nieslanik, Grantors, for the consideration of Ten
Dollars ($10.00) and othervaluable consideration, in hand paid, hereby selland quitclaim
to Paul R. Nieslanik and Celia R. Nieslanik, Grantees, as tenants in common, whose
legal address is 0481 County Road 100, Carbondale, Colorado 81623, the following real
property in the County of Garfield, State of Colorado, to-wit:
See Exhibit'4" attached hereto and incorporated herein by this reference;
with all its appurtenances.
And Grantors covenantwith Grantees that Grantors and any other person, persons,
entity or entities in Grantors' names and behalf or claiming under Grantors shall not or will
not hereafterclaim ordemand any right ortitle to the premises orany partthereof, butthey
and each of them shall be excluded and forever barred therefrom except as herein set
forth. Right, title, interest and claim hereinabove described is subject to the following
exceptions:
ALL EASEMENTS, RIGHTS.OF.WAY, MINERAL RESERVATIONS OF RECORD
AND PROTECTIVE COVENANTS, IF ANY.
Signed tnts !0% aavotfu,zoo7.
After recording rehrn to: Dan Kerst, P.C.
823 Blake Ave., Ste. 202, Glenwood Springs, CO 8160l
ill!fl,l!'tllul,!ll{,Hr,Hl,t+11':H'1f[ r's],l+,fllll'l Illl
Receotion#: 736256
ra r7*5zgo; 23;?[i3?rE*r"3"F!.?6?36'33*r,rro couNTy co
STATE OF COLORADO )
) ss:
couNry oF GARFTELD )
The foregoing quit claim deed was acknowledged before me this 2otlr day of
september ,2007, by Paul R. Nieslanik and Celia R. Nieslanik.
WITNESS my hand and official seal.
My commission expires: Lo/3L/2oo7
After recording retum to: Dan Kerst, P.C,
823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601
Wi"j*''d{.*j'NorAR;'.7
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bt'u* t '".':
-lllftt !'$iltjl,!ll{,lti,u{1,[tlf iHtilhi 1l ll'tl'll'[ ] lll
Receotion$ i 736'256\atz:ilzaw @?:21 :36 Pll Jean Albeqigg --- -,i"6?-a)-F;; FEilSis.oo ooc Fee:@.@o GnRFIELD couNrY c0
Exhiei!*"A'l
]BANSTEB.EuRSEL
A PARCEL OF LAND $ITIJATHD IN]THE COUNTY OF GARFIELD, $TATH OF COLORADO, AI\ID
BEING A PARI'OF LOI' 1O OF STC"IICIN 34, TOWNSI'IIP 7 SOUTI"I, RANGH BB WEST, OF THE
6TH P.M. AS SHOWN OFi Tt-if; ACCOMFTTINY|NG pl.AT, SAID R[:AL PROPERTY BEING MORE
PARTICULARLY DE$CRI HED AS FOLLOWS:
COMMHNCING AT TI-I[ WITNHS$ C;ORNER IO T'H[ $ilUTH 1/4 CORNER OF SAID SECTION
35 THENCE N73'49'32'W A DISTANCE OF 4897.16 FHET TO A POINT ON THE SOUTHERLY
BOUNDARY 0F SAID LOT 10, THE.PQMII EESlNNlllg; THEME 589"21'13',W ALONG
SAID SOUTHERLY BOUNDARVT DISTNUCT OF 63,62 FEET; THENCE LEAVING SAID
SOUTHERLY BOUhIDARY N52'49'34'W A DISTATICE CIF 262,48 FEET TO THE
NORTHEASTERLY CORNER OF PATCH SUBDIVISION RECORDED AS RECEPTION NO.
3OO7O7IN THE CLERK AND RECORDER'S OFFICE OF GARFIELD COUNTY. COLOMDO;
THENCE ALONG THE NORTI.IERLY BOUNDARY CF SAiD PATCH SUBDIVISION THE
FOLLOWTNG TWO (2) COURSES:
1) N52"39'34',W A DISTANCE OF 20.00 FEET
Zj N4+"t5'00'W A DISTANCE OF 196,14 FEET; THENCE LEAVING SAID NORTHERLY
BOUNDARY NBB'22'56'r A DISTAIIC8 Af N7 .41 FEET; S01"37'14'E A DISTANCI OF 321.62
FEi:T T0 IHEP0UI-i-grnEg1NMNA. SAID pARCEL OF LAND CONTAINII'IG 1.802 ACRES,
MORE OR LESS
Said parcel is to be mergod with a traci of land presently identified as Reception no. 432854, Book
no. 8)6, Page no. 610 irj the records of the clerk and Recorder, Garfield County.
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EXHIBIT D
NEIGHBORING PROPERTY OWNERS AND MINERAL RIGHTS
Cole and Sharon A. Alsbury
17 Virginia Dr.
Missoula MT 59803 (Mineral Rights-80l 1-035-07-000)
Frederick E. Alsbury
279 Spence Rd
Libby }l{T, 59923 -9023 (Mineral Rights-8O 1 1 -03 5 -07-000)
John A. Heuschkel
C/o Mary Heuschkel
2145 Cedarvtood Court
Albany, OR 97 322-6988 (Mineral Rights-80 1 1 -0 I 7-07-000)
Josepha Louise Kemme
6400 Mize Rd.
Swawnee, KS 66226 (Mineral Rights-80 1 l -020-07-000)
Mary L.Ferguson
P.O. Box 373
Carbondale, CO 8 I 623 (Mineral Rights-8034-00 1 -07-000)
Matilda Gerbaz
C/o Nile and Dennis Gerbaz
1265 County Road 100
Carbondale, CO 8 1 623 (Mineral Rights-80l l-01 3-07-000)
Union Pacific Railroad Company
Property Tax
1400 Douglas
Stop 1640
Omaha, NE 68 I 79- I 640 (Mineral Rights-8058-00 l -07-000)
Barry Hansel
469 Rose Lane
Carbondale , CO 81623 (Parcel No. 2393-3 53'00-042)
Carbondale Clay Center
135 E. Main St.
Carbondale, CO 81623 (Parcel No. 2393-344-01-008)
J.
4.
5.
7.
8.
9.
10.
11.
t2.
13.
t4.
15.
16.
17.
18.
19.
Cedar Rose Guelberth
102 Main Street
Carbondale , CO 81623 (Parcel No. 2393-3 44-02-001)
Charles Cady
8l Cottonwood Lane
Carbondale, CO 81623 (Parcel No. 2393-353-00-016)
Darlyne Woodword
356 County Road 101
Carbondale, CO 8 I 623 (Parcel Nos. 23 93-344-00-0 I 9 and 2393 -344-00-0 I 8)
Doane Deane and Don Wisdom
1240 Hendrick Dr.
Apt N3
Carbondale , CO 81623 (Parcel No. 2393-3 44-01-007)
Edward R Revocable Trust
98 Main Street
Carbondale, CO I I 623 (Parcel Nos. 2393 -344-00-003 and 2393 -344-00-004)
IRMW, LLC
1058 County Road 100
Carbondale, CO 81623 (Parcel No. 2393-354-00-056)
hon Rose Land and Cattle III LLC
467 Rose Ln
Carbondale, CO 81623 (Parcel No. 2393-353-00-036)
Kristi and Joe Bamford
125 Rio Grande Ln
Carbondale , CO 81623 (Parcel No. 2393-3 44-00-002)
Kristin and Michael Jewkes
155 Rio Grande Ln
Carbondale, CO 81 623 (Parcel No. 23 93 -3 44'21 -003)
Luther and Mary Anderson
126Main Street
Carbondale , CO 81623 (Parcel No. 2393-3 44-02-002)
Marian Nilsen
489 Rose Lane
Carbondale, CO 81623 (Parcel No. 2393-353-00-04I)
20.
))
21.
23.
24.
Mark and Anna Maria Whalen
195 Rio Grande Lane
carbondale, co 8 1 623 (Parcel Nos. 23 93 - 3 44-21 -O0l and 2393 -3 44-21 -Q02)
Patricia Phelan
238 Rose Lane
Carbondale, CO 81 623 (Parcel No. 23 93 -3 5 3 -00-0 I 8)
Roaring Fork Transportation Authority
530 East Main Street
Aspen, co 81611 (Parcel Nos. 2393-353-00-060 and2393-344-00-017)
Rosemary Burkholder
111 Main Street
Carbondale , CO 81623 (Parcel No' 2393-344-01-004)
Tim and LauraNieslanik
0534 County Road 100
carbondale, co 81623 (Parcel Nos. 23 93-3 53-00-062 and 2393 -353-00-053)
US Forest Service
P.O. Box 948
Glenwood Springs, CO 81602 (Parcel No. 2393-353-00-032)
25.
26.
St,.\ S+"*-r ihr'\ -18
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;i..,' .,,6t0"n-Gypsum Area, Colorado
13-Atencio-Azeltine complex, 3 to 6 percent
This map unit is on alluvial fans and terraces.
native vegetation is mainly grasses and shrubs.
is 5,900 to 6,500 feet. The average annual
ipitation is 15 to 18 inches, the average annual air
re is 44 to 46 degrees F, and the average
-free period is 105 to 120 daYs.
unit is about 60 percent Atencio sandy loam and
Azeltine gravelly sandy loam.
in this unit are small areas of soils that are
to the Atencio and Azeltine soils but are finer
Alsb included are small areas of gravel bars.
areas make up about 10 percent of the total
Atencio soil is deep and well drained. lt formed
derived dominantly from sandstone and
. Typically, the surface layer is reddish gray sandy
:about 6 inches thick. The next layer is sandy loam
4 inches thick. The subsoil is about 10 inches of
clay toam over about 4 inches of gravelly sandy
The upper 6 inches of the substratum is gravelly
loam. The lower part to a depth ol 60 inches is
sand. The soil is noncalcareous.to a depth
and calcareous below that depth. ln some
surface layer is gravelly or cobbly.
23
flooding methods. lf properly managed, the unit can
produce 4 tons of irrigated grass hay per acre annually.
This unit is moderately well suited to irrigated crops.
lf furrow or corrugation irrigation systems are used, runs
should be on the contour or across the slope. lf properly
managed, the unil can produce 70 bushelS of barley per
acre annually.
The potential plant community on this unit is mainly
western wheatgrass, lndian ricegrass, needleandthread,
big sagebrush, and Douglas rabbitbrush. Nevada
bluegrass, prairie iunegrass, and bottlebrush squirreltail
also are included. The average annual production of air-
dry vegetation is about 800 pounds per acre. Suitable
management practices include proper grazing use and
a planned grazing system.
lf the quality of range vegetation has seriously.
deteriorated, seeding is needed. The main limitations
are cobbles and stones. For successful seeding, a
seedbed should be prepared and the seed drilled'
Brush management improves deteriorated areas of
range that are producing more woody shrubs than were
present in the potential plant community.
lf this unit is used for homesite development, the ,
main limitation is small stones. Population growththas
resulted in,increased construction of homes, in areas of
this unit. Topsoil can be stockpiled,and'used to reclaim
areas disturbed during construction" The gravel and
cobbles in disturbed areasrshould'be removed if the site
is landscaped, particularly in areas used for lawns. lf
the density of housing is moderate or high, Qommunity
sewage systems are needed to prevent the
contamination of water supplies resulting from seepage
from onsite sewage disposal systems.
This map unit is in capability subclass lVe, irrigated,
and Vte, nonirrigated. lt is in the Rolling Loam range
site.
14-Callings-Ye[ack complex,25 to 65 percent
slopes. This map unit is on ridgetops, benches, and
mountainsides. Elevation is 7,500 to 9,500 feet. The
average annual precipitation is 18 to 20 inches, the
average annual air temperature is 39 to 41 degrees F,
and the average frost-free period is 70 to 80 days.
This unit is about 50 percent Callings soil and 40
percent Yeljack soil.
lncluded in this unit are small areas of Mine, Arle,
Ansari, Jerry, Millerlake, Uracca, and Mergelsoils.
lncluded areas rnake up about 10 percent of the total
acreage.
The Callings soil is deep and well drained. lt lormed
in alluvium and colluvium derived dominantly from
sandstone. Typically, the surface layer is dark brown
loam about 5 inches thick. The next 6 inches is gravelly
loam. The subsurface layer is very cobbly clay loam
is low; The effective idotingrdepth is 60
or more. Runoff is slow, and the hazard of water
is slight.
soil is deep and well drained. lt formed
derived dominantly from sandstone and
, the surface layer is reddish gray
,sandy loam about 9 inches thick. The upper 7
the substratum is gravelly loam. The lower
depth of 60 inches is extremely gravelly sand.
,is calcareous throughout. ln some areas the
layer is cobbly loam or sandy loam.
is rapid or very rapid below a depth ol
in the Azeltine soil. Available water capacity
ility is moderate to a depth of'30 inches in
soil and rapid below this depth; Available
fihe eflective rooting depth is 60 inches or more.
is slow, and the hazard of water erosion is
is used mainly for irrigated hay or pasture. lt
for crops, urban development, wildlife
ror" rangeland.
is used for hay and pasture, the main
are the low available water capacity and
Grasses and legumes grow well if
fertilizer is used. Good management helps to
optimum vigor and quality of forage plants.
these soils are droughty, applications of
water should be light and frequent. lrrigation
be applied by corrugation, sprinkler, and
i:i
#
llr
liii
32
depth is 60 inches or more. Runoff is rapid, and the
hazard of water erosion is moderate.
The Southace soil is deep and well drained. lt formed
in alluvium derived dominantlir from mixed mineralogy.
Typically, the surface layer is brown very stony sandy
loam about 3 inches thick. The upper 7 inches of the
substratum is very stony sandy loam. The next 12
inches is extremely stony sandy loam. The lower part to
a depth of 60 inches is extremely stony loamy coarse
sand. The soil is calcareous throughout.
Permeability is moderately rapid in the Southace soil.
Available water capacity is low. The etfective rooting
depth is 6O inches or more. Runoff is rapid, and the
hazard of water erosion is moderate.
This unit is used mainly as rangeland. lt also is used
as wildlife habitat. Both ol the major soils are local
sources of gravel and crushed rock and are utilized as
such in quarry operations.
The potential plant communily on the Dahlquist soil is
mainly western wheatgrass, bluebunch wheatgrass,
prairie junegrass, true mountainmahogany, and big
sagebrush. Other plants that characterize this site are
antelope bitterbrush, Utah serviceberry, lndian ,,
ricegrass, and Douglas rabbitbrush. The average
annual production of air-dry vegetation is about 900 : .,punds,per acre, lf,the range condition deteriorates; big
sagebrush, Douglas rabbitbrush, and cheatgrass
increase in abundance.
The potential plant community on the Southace soil
is mainly bluebunch wheatgrass, western wheatgrass,
lndian ricegrass, big sagebrush, and Utah serviceberry.
Other plants that characterize this site are bottlebrush
squirreltail, fringed sagebrush, scattered pinyon pine,
and Utah juniper. The average annual production of air-
dry vegetation is about 600 pounds per acre. lf the
range condition deteriorates, big sagebrush, fringed
sagebrush, cheatgrass, and broom snakeweed increase
in abundance.
The suitability of this unit for range seeding is poor.
Mechanical treatment is not practical because of the
slones on the surface and the slope. Suitable
management practices include proper range use,
deferred grazing, and rotation grazing. Aerial spraying is
suitable for brush managemenl. Because of the hazard
of seepage, this unit is limited as a site for livestock
watering ponds and other water impoundments.
lf this unit is used for homesite development, the
main limitations are the slope and the large stones. The
graveland cobbles in disturbed areas should be
removed if the site is landscaped, particularly in areas
used for lawns. The slope is a management concern if
septic tank absorption fields are installed. Absorption
lines should be installed on the contour.
Soil Survey
This map unit is in capability subclass Vle,
nonirrigated. The Dahlquist soil is in the Loamy Slopes
range site, and the Southace soil is in the Stony
Foothills range site.
28-Dahtquist-Southace complex; 25 to 50 peroen
slopes. This map unit is on alluvial fans, terraces, and
terrace side slopes. Elevation is 6,200 to 7,400 feet.
The average annual precipitation is 12 to 16 inches, thr
average annual air temperature is 42lo 46 degrees F,
and the average frost-free period is 105 to 115 days.
This unit is about 40 percent Dahlquist soiland 35
percent Southace soil,
lncluded in this unit are small areas of Yamo soils
and Gypsiorthids. Also included are small areas of
sandstone Rock outcrop. lncluded areas make up abou
25 percent of the total acreage.
The Dahlquist soil is deep and well drained. lt former
in alluvium derived from material of mixed mineralogy.
Typically, the surface layer is brown cobbly sandy loam
about 6 inches thick. The upper 7 inches of the subsoil
is very cobbly sandy clay loam. The lower 10 inches is
very cobbly sandy loam. The substr.alunr'to a depth of
60 inches'is calcareous extremely cobbly sandy loam. ,
The soil is noncalcareous to a depth of 24 inches and
calcareous below that depth. i , , ,,' i. .
Permeability is moderate in the Dahlquist soil. ,
Available water capacity is low. The effective rooting
depth is 60 inches or more. flunotf is rapid, and the
hazard of water erosion is moderate
The Southace soil is deep and well drained. lt formed
in alluvium. Typically, the surface layer is brown very
stony sandy loam about 3 inches thick. The upper 7
inches of the substratum is very stony sandy loam. The
next 12 inches is extremely stony sandy loam. The
lower part to a depth of 60 inches is extremely stony
loamy coarse sand. The soil is calcareous throughout.
Permeability is moderately rapid in the Southace soil.
Available water capacity is low. The effective rooting
depth is 60 inches or more. Runoff is rapid, and the
hazar.d of water erosion is moderate or severe on the
steeper slopes.
This unit is used mainly as rangeland. lt also is used
as wildlife habitat. Both of the major soils are local
sources of gravel and crushed rock and are utilized as
such in quarry operations.
The potential plant community on the Dahlquist soil is
mainly western wheatgrass, bluebunch wheatgrass,
prairie junegrass, true mountainmahogany, and big
sagebrush. Other plants that characterize lhis site are
antelope bitterbrush, Utah serviceberry, lndian
ricegrass, and Douglas rabbitbrush. The average
annual production of air-dry vegetation is about 900
Aspen-Gypsum Area, Colorado
t:, pounds per acre. lf the range condition deteriorates, big
,1i, sagebrush, Douglas rabbitbrush, and cheatgrass
increase in abundance.
The potential plant community on the Southace soil
is mainly bluebunch wheatgrass, western wheatgrass,
lndian ricegrass, big sagebrush, and Utah serviceberry.
Other plants that characterize this site are botilebrush
ir$ouirreltail, fringed sagebrush, scattered pinyon pine,
Utah juniper. The average annual production of air-
vegetation is about 600 pounds per acre. lf the
condition deteriorates, big sagebrush, fringed
sh,."cheatgrass, and broom snakeweed increase
suitability of this unit for range seeding is poor.
treatment is not practical because of the
on the surface and the slope. The slope limits
by livestock. The limited accessibility results in
of the less sloping areas. Suitable
practices include proper range use,
grazing, and rotation grazing. Aerial spraying is
for brush management. Because of the hazard
this unit is limited as a site for livestock
pqlds and other water impoundments.
unit is poorly suited to homesite development.
limitation is the slope.
map unit is in capability subclass,Vlle,
33
consolidated exposures of Mancos shale.
This unit is used as rangeland or as wildlife habitat.
The potential plant community is mainly bluebunch
wheatgrass, lndian ricegrass, western wheatgrass,
Saskatoon serviceberry, and mountain big sagebrush.
Other plants that characterize this site are big
bluegrass, bottlebrush squirreltail, mountain snowberry,
lanceleaf rabbitbrush, and scattered Gambel oak. The
average annual production of air-dry vegetation is about
400 pounds per acre. lf the range condition
deteriorates, mountain big sagebrush, cheatgrass,
mustard, and other annual weeds increase in
abundance.
The suitability ol this unit for range seeding is poor.
The main limitations are the bedrock exposures and the
slope.
This unit is severely limited as a site for all urban
uses. Because of a high shrink-swell potential, the dow
permeability, the depth to bedrock, the exposed
bedrock, the hazard of erosion, and low strength, the
unit should not be used for homesite development. The
Dollard soil also is very highly susceptible to slumping
and creeping as a result of an excpssive load,
overirrigation, or natural prooesses. This map unitis in capability subclass Vle,
: inonirriOlteO, lt,is,in the Mountlin ,Shale range site.
, : 3O-Dollard-Rock outcrop, shale complex, 25 to 65
percent slopes. This map unit is on ridges,
mountainsides, and valley sides. Elevation is 6,800 to
8,500 feet. The average annual precipitation is 15 to 1B
inches, the average annual air temperature is 42lo 44
degrees F, and the average frost-free period is 80 to 90
days.
This unit is about 45 percent Dollard soil and 45
percent shale Rock outcrop.
lncluded in this unit are small areas of Pinelli soils on
the slightly concave parts of the landscape. lncluded
areas make up about 10 percent of the total acreage.
The Dollard soil",is moderately deep and welldrained.
It formed in residuum derived dominantly from Mancos
shale. Typically, the surface layer is grayish brown clay
loam about 4 inches thick. The substratum is clay loam
about 29 inches thick. lt is underlain by weathered
Mancos shale. The depth to weathered parent material
ranges from 20 to 40 inches. The soil is calcareous
throughout.
Permeability is slow in the Dollard soil. Available
water capacity is low. The etfective rooting depth is 20
to 40 inches. Runotf is rapid, and the hazard of water
erosion is severe.
The Rock outcrop consists of slightly weathered,
consolidated exposures of Mancos shale.
This unit is used as rangeland or as wildlife habitat.
galed. The Dahlquist soil is in the Loamy Stopes
,site, and the Southaqe soit is in the Stony
range site,
,ollard-Rock outcrop, shale complex, 12lo 25
slopes. This map unit is on ridges and
Elevation is 6,800 to 8,500 feet. The
annual precipitation is 15 to l8 inches, the
annual air temperature is 42 to 44 degrees F,
average frost-free period is 80 to 90 days.
tnit is about 45 percent Dollard soil and 45
Rock outcrop.
in this unit are small areas of Pinelli soils on
concave p.arts of the landscape. lncluded
up about 10 percent of the total acreage.
lllard soil is moderately deep and well drained.
in residuum derived dominanily from Mancos
ally, the surface layer is grayish brown clay
4 inches thick. The substratum is clay loam
iinches thick. lt is underlain by weathered
e. The depth to weathered parent material
20 to 40 inches. The soil is calcareous
is slow in the Dollard soil. Availabte
is low. The effective rooting depth is 20rs. Runoff is rapid, and the hazird of water
slight or moderate on the steeper slopes.
outcrop consists of slighily weathered,
46
wheatgrass. Other plants lhat characterize this site are
Letterman needlegrass, elk sedge, mountain snowberry,
and big bluegrass. The average annual production of
air-dry vegetation is about 2,000 pounds per acre. lf the
range condition deteriorates, Gambel oak, mountain
snowberry, Kentucky bluegrass, and annual weeds
increase in abundance. Range seeding may be needed
if the range is in poor condition.
This unit is poorly suited to homesite development.
The main limilations are the shrink-swell potential and
the slope. The effects of shrinking and swelling can be
reduced by maintaining a constant moisture content
around the foundation. Backfilling excavations with
materialthat has a low shrink-swell potential can also
reduce the effects of shrinking and swelling.
This map unit is in capability subclass VIle,
nonirrigated. lt is in the Brushy Loam range site.
5rt-Grotte gravelly loam, 25 to 65 percent slopes.
This deep, well drained soil is orl mountainsides. lt
formed in alluvium and colluvium derived dominantly
from sandstone. Elevation is 6,000 to 8,000 feet. The
average'annual precipitation is l5 to 17 inches, the
average annual air temperature is 35 to 38 degrees F,
and the average frost-free period is 80 to 105 days.
Typicatly, the surface layer is grayish brown gravelly
loam abbut 4 inches thick. The next layer is gravelly
clay loam about 3 inches thick. The substratum to a
depth of 60 inches or mofe is very channery clay loam.
The soil is calcareous throughout.
lncluded in this unit are small areas of Dahlquist and
Southace soils. lncluded areas make up about 15
percent of the total acreage.
Permeability is moderately slow in the Grotte soil.
Available water capacity is moderate. The effective
rooting depth is 60 inches or more. Runofl is rapid, and
the hazard ol water erosion is moderate or severe on
the steeper slopes.
This unit is used as rangeland or as wildlife habitat.
The potential plant community is mainly lndian
ricegrass, bluebunch wheatgrass, bottlebruBh
squirreltail, true mountainmahogany, Wyoming big
sagebrush, and Utah serviceberry. Other plants that
characterize this site are Douglas rabbitbrush,
needleandthread, prairie junegrass, pinyon pine, and
Utah juniper. The average annual production of air-dry
vegetation is about 600 pounds per acre. lf the range
condition deteriorates, Douglas rabbitbrush, Wyoming
big sagebrush, cheatgrass, and annual weeds increase
in abundance. Loss of the surface layer severely
reduces the ability of the unit to produce plants suitable
for grazing.
This unit is poorly suited to homesite development.
.:,;
Soil Survey t
4
H
The main limitation is the slope. Slumping is common in$
sloping areas. e
This map unit is in capability subclass Vlle, fl
nonirrigated. lt is in the Stony Foothills range site. il
S5-Gypsum land-Gypsiorthlds complex, 12 to 65 |
percent slopes. This map unit is on mountainsides, on !
hills, and along dissected drainageways (fig. 5). lt is on I
hills and canyon side slopes throughout the survey I
area.
This unit is about 65 percent Gypsum land and 20 I
percent Gypsiorthids. il
lncluded in this unit are small areas of Torriorthents t
and Camborthids. lncluded areas make up about 15 I
percent ol the tota! acreage. I
The Gypsum land consists mainly of exposed parent I
material that has a very high content of gypsum. J
The Gypsiorthids are shallow and moderately deep I
and well drained. They formed in residuum and I
colluvium derived dominantly from mixed materialwith a I
very high content of gypsum. Slope is 12 to 50 percent. I
No single pfolile of these soils is typical, but one I
commonly observed in the survey area hqs a surface I
layer of very pale brown fine sandy loam about 8 inches i
thick. The substratum, is fine sandy loam. Soft, i
gypsiferous shale is at a depth of ,about 39 inches. I
Permeability is moderate in the Gypsiorthids. I
Available water capacity is low or moderate. The i
effective rooting deptft..jg 10 to 40 incfes. Runotf is very i
rapid, and the hazard of water erosion is slight to I
severe on the steeper slopes. ]
This unit is used as wildlife habitat. The native :
vegetation on the Gypsiorthids is sparse grasses, forbs, l
and Utah juniper. The Gypsum land supports very little ,
native vegetation.
This unit is poorly suited to homesite development.
The main limitations are the slope, the hazard of
erosion, piping, and low soil strength during wet
periods.
This map unit is in capability class Vlll. No range site
is assigned i:.
56-lpson cobbly loam, 3 to 25 percent slopes.
This deep, well drained soil is on terraces, terrace side
slopes, and fans. !t formed in alluvium and outwash
derived dominantly from sandstone and basalt.
Elevation is 6,700 to 8,300 feet. The average annual
precipitation is 13 to 15 inches, the average annual air
temperature is 42 to 46 degrees F, and the average
frost-free period is 70 to 90 days.
About 10 to 20 percent of the surface is covered wilh
cobbles. Typically, the surface layer is brown cobbly
loam about 14 inches thick. The upper 12 inches bf the
'xt
:!:i::
,'6gpen-Gypsum Area, Colorado
1,,,',
9(FMussel loam, 6 to 12 percent slopes. This
well drained soil is on terraces, fans, and foot
. lt formed in alluvium. Elevation is 6,500 to 7,500
The average annual precipitation is 13 to 14
the average annual air temperature is 42 lo 44
F, and the average frost-free period is 75 to 90
, the surface layer is light gray loam about 8
thick. The upper 34 inches of the substratum is
clay loam. The lower part to a depth of 60 inches
sandy clay loam.
in this unit are small areas of Yamo soils.
areas make up about 10 percent of the total
is moderate in the Mussel soil. Available
is high. The effective rooting depth is 60
or more. Runoff is slow, and the hazard of water
is moderate.
unit is used as hayland, as rangeland, or for
It is suited to hay and pasture. The
concerns are low fertility and the
and legumes grow well if adequate
is used. lf properly managed, lhe unit can
tons of irrigated grasshay per acre annually.
plant community on this unit is mainly
; needleandthread, :Nevada
, Sandberg bluegrassl and'big sagebrush. The
production of air-dry vegetation is about
per acre.
are heavily infested with undesirable
be improved by chemical or mechanical
lf the quality of range vegetation has
seeding is needed.
t is used for homesite development, the
is the slope in the steeper areas. The
a management concern if septic tank
Iields are installed. Absorption tines should
on the contour. Access roads should be
control surface runoff and help stabilize cut
unit is in capability subclass lVe, irrigated
It is in the Rolling Loam range site.
loam, 12 to 25 percent slopes. This
soil is on fans and foot slopes. lt
Elevation is 6,500 to 7,500 feet. The
precipitation is 13 to 14 inches, the
air temperature is 42 to 44 degrees F,
63
lncluded in this unit are small areas of Yamo soils
and soils that are similar to the Mussel soil but have
slopes of 6 to 12 percent. lncluded areas make up
about 10 percent of the total acreage.
Permeability is moderate in the Mussel soil. Available
water capacity is high. The effective rooting depth is 60
inches or more. Runoff is medium, and the hazard ol
waler erosion is moderate.
This unit is used as rangeland or for urban
development. The potential plant community is mainly
western wheatgrass, Nevada bluegrass, Sandberg
bluegrass, needleandthread, and big sagebrush. The
average annual production of air-dry vegetation is about
800 pounds per acre.
Bange seeding may be needed if the range is in poor
condition. The main limitations are the slope and the
limited availability of irrigation water. ln areas where
brush is remgved by prescribed burning or by chemical
or mechanical methods, the hazard of erosion may
increase.
lf this unit is used for homesite development, the i
main limitation is the slope. The slope is also a
management concern if septic tank absorption flelds are
installed. Absorption lines should be.installed on the
contour. Access roads should be designed to control
surface runoff and help stabilize cut slopes., .
This map unit is in i:apability subclass'Vle, ' 't
nonirrigated.ltisintheAollingLoamrange.Site.
. 92-Redrob loam, 1 to 6 peroent-slopes-fhis,deep
somewhat poorly drained soil is on alluvial valley floors,
low terraces, and flood plains. lt formed in mixed
alluvium derived dominantly from sandstone and shale.
Elevation is 5,800 to 7,2OO feet. The average annual
precipitation is 16 to 18 inches, the average annual air
temperature is 40 to 44 degrees F, and the average
frost-free period is 85 to 105 days.
Typically, the surface layer is dark grayish brown
loam about 14 inches thick. The next layer is stratified
stony loam about 6 inches thick. The subslratum to a
depth of 60 inches is stony and very cobbly loamy sand
and sand.
lncluded in this unit are small areas of Fluvaquents
and Atencio; Azeltine, Showalter, and Morval soils.
lncluded areas make up about 15 percent of the tolal
acreage.
Permeability is moderate in the surface rayer of the
Redrob soil and rapid in the rest of the profile. Available
water capacity is low. The effective rooting depth is 60
inches for water-tolerant plants but is 20 to 40 inches
for other plants. Runoff is slow, and the hazard of water
erosion is slight or moderate on the steeper slopes. A
high water table is at a depth of 18 to 48 inches
age frost-free period is 75 to 90 days.
the surface layer is light gray loam about g
The upper 34 inchesof the substratum is
The lower part to a depth of 60 inches
clay loam.
64
throughout the year. This soil is subject to rare flooding
of brief duration. lce jams may cause flooding during
prolonged cold Periods in winter.'
This unit is used for irrigated hay and pasture or as
wildlife habitat. lt is well suited to hay and pasture' The
main limitations are the restricted rooting depth for
plants that are not water-tolerant and a short growing
season. The wetness limits the choice of suitable forage
plants and the period of cutting or grazing and
increases the risk of winterkill. lrrigation water can be
applied by furrow, border, corrugation, and sprinkler
methods.
This unit provides lood and cover for waterfowl and
other wetland wildlife.
This unit is poorly suited to homesite development'
The main limitations are the wetness and the hazard ol
flooding.
ThiJmap unit is in capability subclass lVw, irrigated
and nonirrigated. lt is in the Riverbottom range site'
93-Fogert very stony sandy loam, 25 to 65
percent slopes. This shallow, well drained soil is on
mountainsid-es. lt formed in residuum derived
dom inantly .from granite. Elevation is, 7,500-lo -9',,100
.feet. The iverage annual precipitation is 18lo-2-0 -.inches, the average annuat air temperature is 36 to 38
,degrees F, and the average frost-free period is 35 to 60
days.
Typically, the upper part of the surface lay^e1 is.darf
grayiin brown very stony sandy loam about 6 inches '
tttici<. fne lower part is brown very gravelly sandy loam
about 11 inches thick' Hard granite is at a depth of 10
to 20 inches. The soil is noncalcareous throughout'
lncluded in this unit are small areas of soils that are
similar to the Rogert soil but are finer textured and
deeper over granite bedrock. Also included are small
areas of soils that are similar to the Rogert soil but
have a lighter colored surface layer. lncluded areas
make up about 15 percent of the total acreage'
Permeability is moderately rapid or rapid in the
Flogert soil. Avgilable water capacity is very low' The
eflective rooting depth is 10 to 20 inches' Runoff is
medium, and the hazard of water erosion is moderate'
This unit is used for livestock grazing or wildlife
habitat. The potential plant community is mainly western
wheatgrass, bluebunch wheatgrass, prairie junegrass,
and mountain big sagebrush. Other plants that
characterize this site are needleandthread, lndian
ricegrass, ldaho fescue, and small numbers of many
forbi. Some areas of aspen are also included. The
average annual production of air-dry vegetation is about
1,000 pounds per acre.
The suitability of this unit for range seeding is poor'
The main limitations are the slope and the surface
Soil Survey
stoniness. Suitable management practices include
proper range use, deferred grazing, and rotation
grazing. Aerial spraying is suitable for brush
management.
Thii unit is poorly suited to homesite development.
The main limitations are the slope and the depth to
bedrock.
This map unit is in capability subclass Vlle,
nonirrigated. lt is in the Rocky Loam range site.
94-showalter-Morval complex, 5 to 15 percent
stopes. This map unit is on alluvial fans, high terraces
and valley sides. Elevation is 7,000 to 8,500 feet. The
average annual precipitation is 14 to 16 inches, the
average annual air temperature is 42lo 44 degrees F,
and the average frost-free period is 80 to 90 days.
This unit is about 45 percent Showalter very stony
loam and 35 percent Morval loam. The Showalter soil
in convex areas, and the Morvalsoil is in the more
concave areas.
lncluded in this unit are small areas of soils that are
similar to the Morval soil but have a thicker surface
layer. Also included are small areas of soils that are
similar to the Morval Soil but have 30 to 40 percent
cobbles in the substratum. lncluded aregs make up, '.,
about 2O percent of,the total acreag€:- ., . . .
The Showalter soil is deep,and welldrained' It ;
formed in alluvium derived dominantly from basalt.
About 10 to 15 percent of the surface is covered with
stones, 5 percent with cobbles, and 5:percent with" '-
gravel. Typically, the surface layer is brown very stony
ioam about 8 inches thick. The upper 3 inches of the
subsoil is very cobbly clay loam. The lower 28 inches i
very cobbly clay. The substratum to a depth of 60
inches or more is very cobbly clay loam.
Permeability is slow in the Showalter soil- Available
water capacity is moderate. The etfective rooting deptt
is 60 inches or more. Runoff is medium, and the hazal
ol water erosion is slight.
The Morval soil is deep and well drained. lt.formed i
allu.vium derived dq4inantly from basalt- Typically' the
surface layer is brown loam about 7 inches thick. The
upper 12 inches of the subsoil is clay loam. The lower
inches is loam. The substratum to a depth of 60 inches
is loam. The soil is noncalcareous to a depth of 19
inches and calcareous below that depth.
Permeability is moderate in the Morval soil. Availabl
water capacity also is moderate. The etfective rooting
depth is 60 inches or more. Runotf is medium, and the
hazard of water erosion is slight.
This unit is used as hayland or rangeland, for crops,
or for homesite development. lt is moderately suited to
hay and crops. The main limitations are the surface
stoniness, the slope, and the slow permeability.
ffiHffiffi8ffiflrEgEEilgilBEilEEHEgBE
FIESLfURCE
ENGINEEFIING INC
Fred Jarman, Director
Garfield County Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE:Nieslanik Exemption - Water Resources Report
Dear Fred:
This Ietter report presents the water resources plan for the proposed Nieslanik Exemption
described as i parbl of land situated in Lots 10, 16, and 17 in Section 34, and.part of Lot 17'in
Section 35, Township 7 South, Range 88 West of the 6t' P.M. off of County Road 100 northeast
of the Town of Carbondale, Colorado. The Nieslanik Exemption proposes to create one new
Z.OO5 acre lot (Parcel 1) on the 66 acre property. The in house water demands will be supplied
by an individuat well. The well witt also provide 12,5OO square feet of landscape and lawn
iriigation around the perimeter of the house, water tor a 2,4OO square foot pond, and 3 horces.
Add1ional outside inigation will be supplied by continued use of inigation water rights on the
property. Sewage disposalwill be through an ISDS system.
LEGAL WATER SUPPLY
,i' '' The legat water supply,for thq'Nieslanik Exemption will be based on issuance of a B,agqltwater
' Consefoancy District (Oistrictl ryater altotment contract. The District:was create-d'in.'1963 for;the,
purposes ottonservirg, Oeretoping, and stabilizing water suppliesfor the benefrt of t1se1s within
. [6sip66dng Fork Va[Ei. Todai,,the District operates a comprehensive water:supply p_lan that
frovides liousands of Valley residents with dependable legal water supplies. The District's
,. *atgr (ghts ap used to beneJit its contractees, by allowing them to continue to divert water at'. their *.ii, rprinl, ;;A;; diversion in times'of-shortage when their use would otherwise be
curtaited. tne DistriA owns substantia! domestic, municipal, and agricultural water rights, and
maintains severat reservoir storage contracts with the US Bureau of Reclamation for the release
of waterfrom Ruediand Green Mountain Reservoirs.
The Nieslanik Exemption is located within the District's Service Area A. Therefore, by obtaining
a water allotment contract with the District, the water uses associated with Parce! 1 are covered
under the District's Substitute Water Supply Plan (SWSP). By operating under the umbrella of
the SWSP, Parcel 1 will have a legalwater supply.
The Applicant, Paul and Celia. Nieslanik, applied for a water allotment contract with the Distn$
in December 2007. The appiication is beirig heard by the District's Board of Directors at the
next monthly District meeting. Based on our familiarity with the District's Program, we do not
foresee any reason why thJapplication will not be approved. Once approved, a copy of the
contract will be forwarded to Garfield County'
WATER DEMAND
Water demand for Parcel 1 is estimated at 350 gallons per day based on 3.5 people per house
requiring 100 gallons per person per day. This equates to an average continuous pumping rate
of b.ZS-gallon-s per mintite (gpm) from the water supply well. lncluding the outdoor uses
associated with the well, the miximum month average use frorn the well is 2.0 gpm. Therefore,
a long term sustained yield greater than 2.0 gpm is desired. Single family wells are typically
Consulting Engineens and Hydnologists
9O9 Colonado Avenue I Glenwood Spnings, C() 816CI1 il (9701945-6777 g Fax [97O] 9,45.1137
EXHIBIT
.gD0
3
January 9, 2008
Garfield County
Building & Planning DePartment
Page 2
January 9, 2008
pumped for short periods of time at a rate of 5 to 15 gpm with pressurized. storage to meet peak
bemands. A coiy of the District's engineering calculation for the Nieslanik Exemption is
attached.
PHYSICAL WATER SUPPLY
The physical supply for the proposed Niestanik Exemption will be from a proposed well on the
property. While 'a well has'noi yet been dritled, we believe a dependable water supply with
iOequate quantity and quality to serve a singte family residence on Parcel 1 will be availabb
from the construction of a new well. Once the well is completed, a pump test (minimum of 4
noJoiwill be performed on the weltto determine the drawdown and recharge and verify that an
adequate watbr supply is available to support the proposed uses and water quality testing
fpriniary drinking wbiei standards including bacteria.and nitrates) will $ RerformeO. lt is our
rinderstlnding tf,at this information will be required prior to the signing glllte exemption plat. ln
the unlike[ Lvent that the water quality does not meet primary dirking water standards,
recommeniations for an appropriate treatment process will be provided.
The Nieslanik Exemption is tocated approximately 3,600 feet from the Roaring Fork River and is
located within the Roaring Fork Rivei'alluvial aquifer. !n addition, Parcel 1 is situated between
the lower Carbondale Ditch lateraland the Union Ditch.
A review of online weil records indicates that there is only one active well located with a guarter
,ii"-of--F"rJ"i i. fni. is due in large .part due to t!! proximity _of th.e srle !o lhe Town,of
Carbondale.. Well Per.mit z2%-F.,was devetoped in 1959 in the Roaring Fork Alfuvium",,and
according to available data has a yield of 20 gpm.
Based on these facts, RESOURCE believes a dependable water supply with adequate quantity
and quality will be available.
Please catt if you have any questions or need additional information.
Sincerely,
RESOURGE ENGINEERING, INC.
Eric F. Mangeot, P.E.
Water Resource Engineer
EFM
814-3.0
Enclosure
cc: Pauland Celia Nieslanik
Karen Crownhart
K\Clbnts\814 NIESLANII(:!.0 Exomption PlatlNieslanik water resource rePt 814.doc
:!::: FIESO U FICE
!!l!!=NGTNEEtTNG rNC
FIRE.EMS.RESCUE
August 1,2007
Kelly Cave, Esq.
Dan Kerst, P.C.
823 Blake Avenug Suite 202
Glenwood Springs, CO 81601
RE: Paul Nieslanilq Subdivision Exemption
County Road 110, Carbondale
Dear Kelly
The Paul Nieslanik property at 048 I Copnty Road I 00 is located inside :ttre service area of thecar-lo$ale & Rqaf Fiie Piotection Distriii.'rte oirt iiiproviaes both fire and,emergency
medical services for the property.
New lots created by the subdivision are subject to development impact fees adopted by theDistrict. The deveioper will be required t" ;;";;;; ;;;;.;ilthA; District for thepayment of development impact fees. This payment is due prior to the recording of the finalplat. Fees are based upon the per lot impact fee adopted by the District at the tirie the agreement
is executed. The current impact fee is $437 per lot.
Please contact me if you have any questions.
Bill Gavette
Deputy Chief
CC: Kmen Crownhart
EXHIBIT
Carbondale & Rural Fire Protection District
300 Meadowood Drive o Carbondale, CO 81623 c 970-963-2491Fax9T0-963-0569
EXHIBIT
It.Iooo
tut',-o
z+1$t\rf'\J
',,-ttiii
*$il*;l;;'i*"'ss
February 21,2004
Mark Bean
Garfield Building & Planning Deparftnent
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: Nieslanik Subdivision Exemption,048l County Road 100
Dear Mark:
The Nieslanik property at 0481 County Road 100 is located inside the service area of the
Carbondale & Rural Fire Protection District. The District provides both fire and emergency
medical services for the property.
New lots created by the subdivision are subject to development impact fees adopted by the
District. The developer will be required to enter into an agreement with the District for the
payment of development impact fees. This payment is due prior to the recording of the final
plat. Fees are based upon the per lot impact fee adopted by the District at the time the agreement
is executed. The current impact fee is $417 per lot.
Please contact me if you have any questions.
Bill Gavette
Deputy Chief
cc: Paul Nieslanik
Carbondale & Rural Fire Protection District
300 Meadowood Drive. Carbondale, CO 81623 .970/963-2491 Fax 963-0569
ffi
ll:iiilill,lr:',:'+ilii:,A fil
ru
FIRE.EMS.RESCUE
ATTORNEYS
DAN KERST
dan@dankerstpc.com
KELLY CAVE
kelly@dankerstpc.com
DAN KERST, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS ATLAW
823 BLAKE AVENUE, SUITE 202
GLENWOOD SPRINGS, COLORADO 8160I
TELEPHONE: (970) 94s-2447
FACSIMILE: (970) 945-2440
PARALEGAL
ELISABETH GETZEN
egetzen@dankerstpc.com
January 16,2008
GarFreld County
Building & Planning Deparfinent
c/o Craig Richardson
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: NieslanikSubdivisionExemptionApplication
File #: 12923
Dear Craig:
Thank you for speaking with me today regarding the completion of the Nieslanik Exemption
Application. EnclosedpleasJfind two (2) copies of the deed granting ownership to the pryytoY:
oirrr.r, of the subject property, Alex Creton and Rose Creton, as of May 18, 1956. This Exhibit H
should supplement our original application submitted on January 14,2008 as evidence of the size of
the subject parcel as of January 1,1973.
Please contact me if you have any questions in regards to the application or need any
additional information.
Yours very truly,
xc:Karen Crownhart (via email)
,,:
,..i..
1 ? 2008
f- - --j
.",t1--
Name:
Address:
City/State:
Phone:
Parameter
1 Turbidity Msual
2 Noticeable Odor
3 Dissolved Solids TDS
4 Hardness CACO3
5 Total lron
6pH
7 TotalAlkalinity
8 Sulfate SO4
9 Copper - Free
Copper - Meta
Copper - Total
10 Hydrogen Sulfide H2S
11 ChlorineCL2
12Total Coliform
13lron Bacteria
14 lron after filtration w/ Micron Filter
Karen Crownhart
295 Rlo Grande Ln
Carbondale, GO
70+1896
State Recom. Max. Limit
0
500
12
0.2
7-8.5
500
250
Culligan Water Test
Date Sampled:
Location:
Sampler:
Mandatorv Limit
.5 NTU
0 Col/100 ML
1r3r2008
Sprlng
Bob Donnelly
Regults
Clear
None
710
35
0
7A
Surface. Spdng water
Date Tested:
Tester:
Hot side / Cold side
mg/l
mg/l
mg/l
mg/l
mg/l
il3n008
Bob D
1.3
0
0.5
0
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATEB^tsESOURCESstid-cfidfil;l 6'i-ugitsft srhirmtn si'" Denver, coloradp 80203
(303) 866-358'!
WELL PERMIT NUMEER 669{5 . .T--'*
Form No.
GWS.25
APPLIGANT
PAUL & CEIIA NIIESLANIK
0481 COUNTY ROAD lOO
CARBONDALE, CO 81623.
(970) 7o+1896
APPRoVFD wELl. locATloN
GARF}ELD COUNTYNW 114 SE 114 Section 34
Township 7 $ Range 88W Sixth P.M'
DISTANOES FROM .SECTON LINES
212A Ft.frorn South Sec{ion Line
2100 Ft. from East Section Line
UTM COORDIIUA fES (Meters.Zorterl 3' NAD83)
Eastino;Northing;
u
2)
3)
4i
5)
6)
tsSuANcE OF ttitts,,peRMlT DoES NOT CONFERAWATER RTGHT
GONDITIONS OF APPROVAL
Thig vuelt shall be used ln suoh a way as to qause no matorial lniury to a(hting wator righls. The lssuanqe of thE permit does,nd Bnsure that
no inJury,wlll occut^to another veseci w3ter rlght or preolrde anolhor ourner o, a vested water rlght fr'om seeklng rellat In a cMI ooun acuon'
iir iii.truA6; uf ifrf .*el rf,r[ Ue In corryitance wittr thi Watcr Well Construcrion Ruies 2 CCR, 402-2, unl6sa aprro'vs-l of a varlance hgs
ffiffii-;ffi;#tffi; @;i-#;l#-;iw;ilvGiieontruaion ano rump tnstalation oontraclors in acoordance,wlth Rule 18.
Approved:pursuant to Qf,S ez.go.i3z(al forthe constructlon of a wbll, aPpropdatlng ground w?tiltlbutaly to the .Roaiing Folk River. on the
.Jiiitilrr tlri1t
"
*1 .t
"lr
L operated'only when the Basatt water conservancy District's suhlituto waGr suBply ntalt lo.ro.ved by lhe state
;;;;;;.]il;ff"a
"nJ "rr- i rater altoiment contrac.t between the well owner and the Basatt water consenrancy Distric't for the release of
;;i;;; ;#;iio.=n*Oin"rervoiriii ln efro*; pr under: an apgaved plan for augmentation' BwcD conttecl #648,
npproveo as a urell on a tract of land of 2'005 acres described as that portion of the. NW 1/4 ol the sE 1/4; sec' 34' Trvp' 7 South' Rng' 88
wdst, eitt Pjil.i:GarfleE corrnty;: mora parlicularly'deseribed on the attachdd exhilcit A.
The,,wBll shCE$e,congtruded and maintalneCiiln eccordance wlth vaflanoe no. 2@0{144, granted by the Board of Examiners of'WaterWsll
eonstru.ctlon ano punrp la$allatioh Contractor,s on February 6, 2008;
The use.otoround water from this well is limited to ordlnary hoGehold purposes inslde one (1) single famlty d'rvelling, tho lnlgatlon of nol
;;,'-rffi fi;sgq silere feet fO.iS ot an aor€) of home girdens ano lawns, ard the watering of t!*1{S) n
_e3!
domestic animalc' All use of
ilt-Gffiiil ;uii"'H"UaunteJi i[" *"t", affotment contr;ct or a plan for augmBntatlon is ln effeol. ThiE wall ts khotiir as Nieslanik Well,
The pumping rate of thh well shall not exceed 't5 GPM'
ffnn""'erggg*nnat arnoUntolground \ilatErto be appropriated shall'not efel 1:516 aere-foot (493,988 gallono).
The on horshelt,maft:,the u,ell tn a coBpieuous plaug with welt pefirit number(s), name of Ste- aquifer; and court caso number(s) as
appfoFllgto, Tho ofi -ng, shall'talie, necessary means,and procauticnt to fleserve these markings'
ftrfg Gif shail b6 conslructod nor;* l6n,eOqfoetfrom tho location specified on this.Permit. .. ._ . "t-
A totendno flow.metermust b€ lnstalled on thls,tn,oll anc matntalned in good worklng order. P€,rtianent rgcordE ol all divorsions must be -
maintahel by ihe well owner (reconled at least annually) and submitted to the Divisioil Engineer upon requesl.
NoTE: eriiCO,eontra*,6q, g43 i!,6y l6sitoiat amount of l'.s16 acr6.foot, wlth 1.306 acr+foot identlflod for this pemit and tho r@mainder
7',)
8)
e)
1o)
11)
amount of'Ggl aora.foot beitng dedicated to,,pond evaporation
ffOiei Parcel ldentiticathn t-turnrer (ptN): Z+zgsf'a4t'oo's56
NoTE: Assessor Tax Sohedule Number R1119t5 (tataling 39.628'ecles)
t x" *r-'
o 3./VJr/Xaog
CY;r'f n, . lrz.t*l^,-zr/
STATEOFCOffi
BOARD OF EXAMINERS OF WATER WELL CONSTRUCTION AND PUMP INSTALLATIO:\ CONTRACTORS
Division sf Waler Resourqss
t.3t3 Sherman Street, Room 818
Denver, CO 80203
Phone (303) 866.3t81
FAX (303) 866-35Se
http : //w)ryw. worer.sta[aqo,us/boe
Paul & Celia Nieslanik
0481 CountY Road 100
Carbondale, Colorado 81623
February 6, 2008
RECEIVHD
m08'08
s&f,ER r{tSOURCEE--srAre ENotBEEfi- Gl'ENl'TOoo
Bill. Ri$eri Jr.
Gowmor
Hanis D, Sherman
ExeEuiw Dirootor, DNR
Dick Wolfc,P.E
Stprsbry
ng, Request for App-roval of Plans for Gonstruction of a Gallery-T)1pq Well, Well PgIrI
Apdlhation ReCeipt Ntrmber 9502971, NW 1/+ of the EE % oJ Section 34, Township 7
South, Range 88 West, Sixth'P.M., Garfield County.
Dear Paul & Gelia Nieslanik
A,requesl for approval ot plans for the construction of a gallery-typ9 w^e]^ryas-submitted ?l9rg
;ih-i4dii;fiftiAppllcatior Receipt No.9502971, on January ls, 2008. The requ.est has
oeentr,bvi ed for ilie.BohrO of eiimine'r-s,:of'Water Welt Oonshuetlon and,Funrp lnstallatlon
donioa;ts.: rfie *'lq.ues[ p speCinCaty,for, approva! of plans to consffuct a gallery-type well
as required by Rule 10.4.12.
F-ursuant:to Rules {0i4,12 and, 1,8, and the authority granted by the Boatd, the construc'tlon
plans are approved subject to the following conditions:
Thp Well,.oonstruotion shall be in accordanee with the Water Well Gonstruction Rules
except tfrose *urcs tor: Whiah a variance is granted helein, Unle-ss written approvalfor
aim6dmcaiion: to this varia,noe is obtained, all oonditions and requirernents of this
variance approVat shall be satisfied, or the entig varian.oe shall be void, and all
standards 6i,tlre eonstruction Rules applioable. Construetion of the well closer than
the m66um distances specified in Rule 1A,2.2 will void all provisions of this variance.
The gallery-type well sl.rirtl ne constructed in accordance with diagram submitted on
Januar,y 18, 2,008, exoept as modified herein.
Fre.oaS[,concrete iihgs are app,roved for use in the construction of the well. The casing
shall::exteno at least bne l,tl foot above the finished grade.
The caeing,,tiO,inO manhole cover shall have wa,te-r-tight Seals.
All entry iilto tt"re casihg for watei lines and ebctric wiring shall be through watertight
seals.
Ail electrical work shall comply with applicable standards and requirements of Rule
1 1.5.1 .
T|MOTHY L. DECKER, Montose; JOSEPH T. BENDER, Arvada; JEFFREY K. CANFIELD, Fort Mo]gan, GREG NAUGLE, Denvor
'l..
2,.
3.
4.
5.
6.
than that of the suriounding soil.
The ground su,rface must Le properly gr:aded to pr:ovide positive drainage away from
the welthead.
The well must be constructed in compliance with the disinfection standards provided in
Rule 15.
16.11'ls Well muSt,be constructe.d by a licensed water well oonstruction eontractor or by
the swnerwlth eguipment both or6rned a'nd operated by the owner._
11.A W-ell Gonstructiori and Te-st Report (Form GWS-31) and Pump lnstallation and Test
Report (Form GWS-32) shall be oompleted' and filed within 60 days of completion of
this well.
12.An arrnuallwater quality test is recommended.
Owners arre also advised that Rule 6;6 oj the Well Construction Rul6s requires t!a! the
con,str,rrotion comply, with any,;6darat, state, county, municipal or local go\rermelt .lalr'rs'
regifiiidr,, s6,.,ia6au that 'are msr,e stiingent, than these Rules, including dis-tance
i;,iJiidiiieiit 'p^6',tou1oes of contaminants,-or eontain standards not covered by these
Ruies.
Approval of this request does not relieve the owner of potential responsibili$ or liability in the
*irt contarninaiion of the water source results from constiuction, nor does the grantor
assurme any'rgspsfisihility o r tia bi trty sh ou ld contami n atio n occu r.
lf you have any questisns, please contact this office.
Sincerely,
Geotechnical Services Branch
8.
9.
9502971
7. Native clay and backfill material must be compacted to a density equal to or greater
Well,,Permit Fil6
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT NO. 543
Pursuant to C.R.S. 7973,37-45-737
Paul Nieslanik and Celia Nieslanik (hereinafter "Applicants") have applied to the
Basalt Water Conservancy District (hereinafter the "District") a political subdivision of the
State of Colorado, organized pursuant to and existing by virtue of Colorado Revised
Statutes, 1g73,37-45-101.,et seq., for an allotment Contract forbeneficial use of water rights
owned, Ieased, or hereafter acquired by the District. By execution of this Contract,
Applicants agree to the following terms and conditions and those certain terms and
.or,ditiorrs sel forth in the attached Order, which is fully incorporated as a part of this
Contract:
1,. QUANTITY: In consideration of the covenants and conditions herein
contained, Applicants shall be entitled to receive and apply to beneficial use 0.033 cubic feet
of water per iecond from the District's direct flow rights and 1.0 acre feet Per year of storage
or other iugmentation water owned or controlled by the District. Applicants shall restrict
actual diversions and consumptive use under this Contract to these amounts. The Contract
amount is based on the water requirements table(s) attached hereto as Exhibit B' Any
increase or change in the water requirements to be served by the District will require an
amendment to the subject Contract.
Z. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis
Canal, Stockman's Ditch Extension ,Troy and Edith Ditch, Robinson Ditch, or other water
rights hereafter acquired by the District, including the District's right to receive storage
*it"r from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the
right to designate the water right or Decree of the District from which the Applicants'
aliotted rights shall be obtained. The Applicants' use o{ any of the District's water rights
shall be subject to any and all terms and conditions imposed by the Water Court on the use
of the District's said rights. Exchange or augmentation releases made from the Dstrict's
storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the
Distriit shall be delivered to the Applicants at the outlet works of said storage facility and
release of water at such outlet works shall constitute full performance of the District's
delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green
Mountain Reservoir shall be subject to the District's lease contract with the United States
Bureau of Reclamation and any rules and regulations promulgated pursuant thereto-
Releases from other facilities available to the District shall be subject to the contracts,laws,
rules, and regulations governing releases therefrom. Furthermore, the District hereby
expressly reserves the right to store water and to make exchange releases from structures
K 543 Area A 0?1?08
that may be built or controlled by the District in the future, so long as the water service to
the Applicants pursuant to this agreement is not irnpaired by said action.
Z. PURPOSE AND LOCATION OF USE: Applicants will use the water rights
allotted pursuant to tftir C*tract for beneficial purposes by diversion at Applicants' point
of diversion under the District's direct flow water rights and/or for use by augmentation or
exchange. Applicants will use the water allotted by the District within or through facilities
o, ,rpoi la.,ds owned, operated, or served by Applicants, which lands are described on
Exhibit A attached hereto; provided that the location and purpose of Applicants'use of said
water shall be legalty recofnized and permitted by the applicable governmental authority
having jurisdiction orer tfrl property ierved. Applicants' contemplated usage for the water
allotted hereunder is for the following use or'uses:
X Domestic/vlunicipal Industrial Commercial
-
Agricultural Other
It is acknowledged that certain locations within the Dstrict may not be susceptible to
service solely by the District's water rights allotted hereunder or the District's said water
rights may not iatisfy Applicants'needi and purposes,. To the extent that service cannotbe
ac"hieved by use of the District's allotted water rights, or in the event said service is
inadequate, Rpplicants may utilize such other water rights, by way of supplementing the
Distriit's water-rights, or otherwise, as is necessary to assure water service sufficiently
reliable for Applicants'intended purpose or PurPoses'
All lands, facilities and areas served by water rights allotted hereunder shall be
situated within the boundaries of the Dstrict-
Any quantity of the Applicants' allocation not delivered to or used by Applicants by
the end of each *ui", y"* rhull revert to the water supplies of the District- Such reversion
shall not entitle Applicants to any refund of payment made for such water'
Water service provided by the District shall be limited to the amount of water
available in priority atihe origini point of diversion of the District's applicable water right
and neither the Diitrict, nor those entitled to utilize the District's decrees , frdY call on any
greater amount at new or alternate points of diversion. The District shall request the
Lolorado State Engineer to estimat" ur,y conveyance losses between the original point and
any alternate poini and such estimate shall be deducted from this amount in each case. The
Diitrict, or anyone using the District's decrees, ffidI call on any additional sources of supply
that may be availabl" ul u., alternate point of diversion, but not at the original point of
diversion, only as against water rights which are junior to the date of application for the
alternate point of diversion.
K 543 Area A 0?-12-06
In the event the Applicants intend to institute any legal proceedings for the approval
of an augmentation plan and,/or any change to an alternate point of diversion of the
District's water right io allow the Applicants to utilize the water allotted hereunder, the
Applicants shall give the District written notice of such intent. In the event the Applicants
develop and adjudicate an alternate point of diversion and,/or an augmentation plan to
utilize ihe water allotted hereunder, Applicants shall not be obligated to bear or defray any
legal or engineering expense of the District incurred by the District for the purpose of
d&eloping and aapaiiafing a plan of augmentation for the District. In any event, the
Districi shall have tire right to approve the Applicants' application for change of waterright
and/or augmentation plin or oth"r *ater supply plan involving the District's rights, and the
'Applicanti shall provide the District copies of such application and of all pleadings and
ott "r papers filed with the Water Court in the adiudication thereof.
The District reserves the exclusive right to review and approve any conditions which
may be attached to judicial approval of Applicants' use of the District's water rights allotted
herlunder. Applicants agree to defray any out-of-pocket expenses incurred by the District
in connection *ith the allotment of water rights hereunder, including, but not limited to,
reimbursement of legal and engineering costs incurred in connection with any water rights
adjudication necessiry to allow Applicants' use of such allotted water rights; provided,
however, in the "ru.,i any such adjudication involves more of the District's water rights
than are allotted prrrrruni to this Contract, Applicants shall bear only a pro-rata portion of
such expenses. AppHcants shall be solely responsible for providing the structures, works
and facili6es, if any, necessary to utilize the District's water rights allotted hereunder for
Applicants' beneficial use.
4. PAYMENT: Applicants shall pay annually for the water service described
herein at a price to be fixedannually by the Board of Directors of the Dstrict for such
service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the
date of a notice from the District that the payment is due. Said notice will advise the
Applicants, among other things, of the water delivery year to which the payment shall
uppty and the price which is applicable to that year. If a payment is not made by the due
dab; a late fee of $50 (or such other amount as the Board may set from tirne to time) will be
assessed and final written notice of the delinquent account and late fee assessment will be
sent by the District to the Applicants at Applicants' address set forth below. If payment is
not made within thirty (30) days after said final written notice, the District may, at its
option, elect to terminate all of the Applicants' right, tit6; or interest under this Contrad, in
which event the water right allotted hereunder may be transferred, leased or otherwise
disposed of by the District at the discretion of its Board of Directors.
K 543 Area A 02.12{8
In the event water deliveries hereunder are made by or pursuant to agreementwith
some other person, corporation, quasi-municipal entity, or governmental entity, and in the
event the Applicants fail to make payments as required hereunder, the District may, at its
sole option-and request, authoriie said person or entity to curtail the Applicants'water
service pursuant to ihis Contract, and in such event neither the Diskict nor such Persons or
entity shall be liable for such curtailment.
5. APPROPRIATION OF FUNDS: The Applicants agree that so long as this
Contract is valid u"a i" for.", Appticants will budget and appropriate from such sources of
revenues as may be legally avaiiable to the Applicants the fundq necessary to make the
annual payments in advance of water delivery pursuant to this Contract. The Applicants
will hold harmless the District and any person or entity involved in the delivery of water
pursuant to this Contract, for discontinuance in service due to the failure of Applicants to
maintain the payments herein required on a culrent basis.
6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficialty rrua f* tt* purposes and in the manner specified herein and this Contract is
for the exclusive benefil of th" Applicants and, shall not inure to the benefit of any
successor, assign, or lessee of said [pphcants without the prior written approval of the
Board of Directors of the District.
Upon the sale of the real property to which this Contract pertains, Applicants have a
duty to make the buyer aware or tnir Contract and the need to assign the Contract to the
buyer. However, prior written approval of the Board of Directors of the Dstrict is required
before the assignment is effective. Payment of an assignment fee in an amount determined
by the Board shall be required as a prerequisite to approval of the assignment'
In the event the water right allotted hereunder is to be used for the benefit of land
which is now or will hereaftei be subdivided or otherwise held or owned in separate
ownership interest, the Applicants may assign the Applicants'rights hereunder only to a
homeowners association, water district, water and sanitation district or other special
district, or other entity properly organized and existing under and by virtue of the laws of
the State of Colorado, u"d [tt"r, o.,ty if such association, entity or special district establishes
to the satisfaction of the Basalt Water Conservanry District that it has the ability and
authority to assure its performance of the Applicants' obligations under this Contract. In no
event shall the owner bf a portion, but less than all, of the Applicants' property to be served
under this Contract have iny rights hereunder, except as such rights may exist through a
homeowners association or special district as above provided.
Any assignment of the Applicants'rights under this Contract shall be subject to and
must comply uiith such requirements as the District has adopted or may hereafter adopt
K 5,13 Area A 02-12-08
regarding assignment of Contract rights and the assumption of Contract obligations by
,riig.,"", and successors, provided ihat such requirements shall uniformly aPPly to all
aloltees receiving District service. The restrictions on assignment as herein contained shall
not preclude thebistrict from holding the Applicants, or any successor to the Applicants,
responsible for the performance of an or any part of the Applicants' covenants and
agreements herein contained.
7 . OTHER RULES: Applicants' rights under this Contract shall be subject to the
Water Service Hur, ,r udopt"d by the District and amended from time to time; provided
that such Water Service Plan shall apply uniformly throughout the District among water
users receiving the same service from the District. Applicants shall also be bound by ull
applicable law]includingi for exarriple, the provisions of the Water Conservanry Act of the
Siite of Colorado, the Rules and Regulations of the Board of Directors of the District, the
plumbing advisory, water conservation, and staged curtailment regulations, if any,
applicabi-e within tire County in which the water allotted hereunder is to be used, together
wiih alt amendments of and supplements to any of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the
Disirict Court in Water Division 5 of the State of Colorado, which Stipulation provides, in
part, for the possible curtailment of out-of-house municipal and domestic water demands
,pon the occurrence of certain events and upon the District giving notice of such
curtailment, all as more fully set forth in said Stipulation.
g. OPERATION AND MAINTENANCE AGREEMENT: Applicants shall enter
into an "Operation and Maintenance Agreement" with the Dstrict if and when the Board of
Directors finds and determines that srrih un agreement is required by reason of additional
or special services requested by the Applicants and provided by the District or by reason of
the delivery or rr" oi water by the Applicants for more than one of the classes of service
which are defined in the Rules and Regulations of the Board of Directors of said District.
Said agreement may contain, but not be limited to, provision for water delivery at times or
by meins not provided within the terms of standard allotment contracts of the District and
additional annual monetary consideration for extension of District services and for
additional administration, operation and maintenance costs, or for other costs to the Dstrict
which may arise through services made available to the Applicants.
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder.
Any use other than that r"fforih herein or any lease or sale of the water or water rights
allotted hereunder without the prior written approval of the District shall be deemed to be
a material breach of this Contract.
K 543 Area A 02.1 2-08
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on
September 25,1,979,and all amendments thereto, as the same exists uPon the date of this
application and allotment Contract.
1,2. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicants any
"qrritubl"
or legal fee title interest or ownership in or to any of the water or
#ui", rights of tf,u District, but that Applicants are entitled to the right to use the water
right ail[tted hereunder, subject to the limitations, obligations and conditions of this
Contract.
13.CEW CTION OF THE WA
Applicantr rnuu .o*ply with section 404 ofthe Clean water Act and consult with the Army
Ctips of Engineers to complete any Section 404 compliance that may be required as a result
of the construction of any facilities necessary to use contract water.
't4. CONSERVATION PRACTICES: Applicants shall implement and use
commonly accepted conservation practices with respect to the water and-waterrights
allotted hereunder and shall be bound by any conservation plan hereafter adopted by the
District, as the stune may be amended from time to time'
15. WELL PERMIT: If Applicants intend to divert through a well, then Applicants
must provide-to Diitri.t a copy of Applicants' valid well permit before the District is
obligaied to deliver any watei hereunder, and it is the Applicants' continuous duty to
maintain a valid well permit. Applicants shall also comply with all restrictions and
limitations set forth in the well permit obtained from the Colorado Division of Water
Resources. Applicants must .o*pty with the well-spacing requirements set forth in C.R.S.
37-gO-1Z7,as amended, if applicable. Compliance with said statutory well-spacing criteria
shall be an express condition of the extension of service hereunder, and the District shall in
no way be faLle for an Applicants' failure to comply. Applicants agree to mark the well in a
conspicuous place with the permit number.
1,6. MEASURING DEVICE OR METER: Applicants agree to provide, at their own
expense, u to-unring no* meter with remote readout to continuously and accurutury
measure at all times all water diverted pursuant to the terms of Applicants' water right and
the terms of this Contract. On or beforu Norru*ber 15 of each yeat,Applicants will provide
accurate readings from such device or meter (recorded on a monthly basis for the period
November L through October 30 of each year) to District, the Division Engineer and Water
Commissioner. Applicants acknowledge that failure to comply with this paragraph could
result in legal action to terminate Applicants' diversion of water by the State of Colorado
Division of Water Resources. By signing this Contract, Applicants hereby specifically allow
K 543 Area A 02-1208
District, through its authorized agent, to enter uPon Applicants'property during ordinary
business hours for the purposes of determining Applicants' actual use of water.
CONTRACT TERMINATION:
Termination by District:
1. The District may terminate this Contract for any violation or
breach of the terms of this Contract by Applicants, or Applicants'
breach of any other contract with the Dstrict.
2. The District may terminate this Contractif, in its discretion, any
judicial or administrative proceedings initiated by Applicants threaten
the District's authority to contract for delivery or use of the District's
water rights, or threaten the District's permits, water rights, or other
interests of the District.
B. Termination bY APPlicants:
1.. Applicants may terminate this Contract in its entirety for any
reason by notifpng the District in writing of the termination on or
before April 1. Notiie by said date will prevent the Applicants'liability
for the next annual contract charge.
18. RECORDING OF MEMORANDUM: In lieu of recording this Water
Allotment Corrt u.t, u M"*orandum of Water Allotment Contract will be recorded with the
Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum
shall be paid by Applicants.
Applicanlg:r
17.
A.
./\-,.-b)
Paul Nieslanik
Ap?licants' Address:
Paul and Celia Nieslanik
0481 County Road 100
Carbondale, CO 81,623
Telephone No.: (970) 963-2952
K 543 Area A 0?-12-08
srATE OF COLORADO )
couNTY 9P Q..t{'n'tl )) tt'
official seal.
- '-r'l - Aclc
Subscribed and sworntobeforemethis -,"f*.O^y of liehfuot{,2008,
by Paul Nieslanik and Celia Nieslanik-
WITNESS
My com
Notary Public
K 543 AEa A 02-12-08
Exilbi!'A'
TRAN.SI-ER Pt\&Cl'-l=
A p;iRCEl_ (iF l-;\f,tD si'l't.Jn'l'ED tN THE CCU|.r'i-'r ,li: a/i'Rr:lELD, TITAIE CrF Ct.;l-0RADr), AI'ID
l-lEll\to A P,,\F?l'r;[-l..o'l li](lF sii,.l'l'roi\l:J,1,li)l,r:'llii-;'P 7 Sl)tjTf1 RANII-)E 3rj WEST' t:F't'l-lE
S i.l.l p.M. AS Sl'.1()t/liN r.)i'l -i'i1[ ;".[{1r)it/Pil i\lY i,'ii ;' : t
pA R ilClJ l.A.RL.Y DF- SC Rl tlF D A S t'Ot.t-0!llli:
{-lr)lvlyEl.,l(;lg(l A f i'Fl[: 'l/lTi\tt:l]li (:OF{NF:fr. 1'O i {t::li.rtJ'il'l 1rl C.ORNER ()F liAlD IiECTION
35 'rHF-NCE N73'49',3?',W A UlSl,\.\NCE OF 489/ 1D F[Hl' rO A POINT ()t-l I'l{E Si)UT}1ERLY
BOtJI.rDAltY OF SAID Ir]rT 10, IUE Lals[ OE flrcUu!]tll; THEI'ICE 589'21'13'W Al-Ot'lG
SNID SOUTHERLY I]OUNDAR'7J'OIST,qXCT
'JF
63.62 FEET:'T}1EI'ICE LEAVII'IG SAID
SOI]I'HERLY BOUI\IDARY N52"49'34"W A DISTA.I'ICE AF 262.'18 FEET TO THE
NORTI.IEASTERI.Y CCRNER OF PATCH SUBDUISICT'I RECOF.DED AS RECEPTION NO.
3OO7O7 IN THE CI..ERK AND RECORDER'S OFFICE OF (3ARTIELD COIJI{TY, COLOR'A.DTJ:
Tt-IENCE ALONG"THE I.I()RTHERLY BOUNDAF.Y C:F SAID PATCH SUBDUISION THE
FOLLOWNG T'//O (2) COUT{SES'
1) M2"39'34'W A DISTANCE OF 20.00 FEET
ti Naa"as'o0,w A DtsrpNCE oF 196.14 FEET: 'iliti:NcE LEAVll,lG sAlD I'IORT|{ERLY
BOUNnnnY I!B[]"22'56'E A DI.I;'TANCE Ofj 417.41 FEET; S0.l"37'14'E A DISTAI'ICE OF 321.62
rEi: r io:lflE_Iuul.pfl]JclNul{G. SA|D PAll(,HL OF LAI.ID tlON'iAlNll.lG 1 862 ACRES.
fulORE OR LESS.
Saicl parcel is io be mergeclwith a tract of l;:nd preserttly identified as Reception no. 43285'[, lSook
no. 816, Page no. 610 i; the records of the clerk and Recorder, Garfield County.
Exhibit
A
BASALT WATER CONSERVANCY DISTRICT
WATER REOUIREMENTS
(eseid)
t$ -(tot (11)
Oornertc Cqnmcrdal bwn CroPDomcdc Comnurdel t wn CroP
GNM
GNM
GNM
GNM
GNM
GNM
GNM
GNM
GNM
GNM
GNM
GNM
0.016
0.010
0.021
0.056
0.160
0.195
0.1fl)
0.130
0.1l3
0.056
0.01E
0,003
0.003
0.003
0.003
0.003
0.003
0.003
0.003
0.m3
0.@3
0.003
0.0d1
0.m0
0,0m
0.025
0.113
0.139
0.'13:t
0.oEil
0.074
0.u20
0.0m
0.006
0.007
0.01I
0.0'19
0.025
0.030
0.oili
0.o28
0.(r21
0.0'l'l
0.m6
0.@5
0.005
0.005
0.005
0.005
0.@5
0.005
0.m5
0.005
0.005
0.005
0.u7
o.w
0.053
0.093
o2:8
0.263
0.258
0.1E3
0.104
0.094
0.fiE
0.003
0,003
0.003
0.003
0.000
0.003
0.003
0.003
0.003
0.(r3
0.003
0.000
0.0@
0.000
0.0111
0.1.tt
0,171
0.167
0.102
0.003
0.035
0.000
0000
0.000
0.007
0.0'lt
0.019
0.025
0.030
0.031
0.028
0.021
0.01.1
0.00E
0.033
0.0a0
0.03:l
0.032
0.033
0.032
0.033
0.03it
0.032
0.033
0.032
pcnonrlnrklonco l:9
Lrwn lrlg. EfilcLtlcy 80
ol lnig. (rflsc) 2.102rrrdrl0lhcr Demrnd (e0 0.000
Evrportlon 0rl AF
Apdlcr0on tub (.?.o) 2fi27
1016 Frofi Grro Mounth Rrr.nor
Exhibit
B
POilD EVAPORATION - I'IIESLANIK
Month
January
February
March
Apnl
May
June
July
August
September
Ocbber
November
December
k:\clients$33V.0\7.2U00n
Nieslanik EvaP.xls.xls Resource Engineering, lnc.
QIA$OT 2:16Plt
sEo
Monthly
Dlstibtfion
3.00/6
3.5%
5.5%
9.0%
12.Oo/o
1/t.6%
15.0%
13.s%
10.0%
7.0o/o
4.OUo
3.0%
100.0%
Gro$ Lake
EvaporaUon(feet) (lnches)
Pond Arca (acres; =
Net Pond
Evaporaton
(fieet) (inches)
0.11 1.35
0.13 1.58
o.21 2.48
0.34 4.05
0.45 5.40
0.54 6.53
0.56 6.75
0.51 6.08
0.38 4.50
0.26 3.15
0.15 1.80
0.11 1.35
3.73 /t5.00
0.055
Tota! Pond
Evaporaton
(acre-feet)
0.006
0.007
0.011
0.019
0.025
0.030
0.031
0.02E
0.021
0.0r4
0.008
0.006
0.207
0.11
0.13
o.21
0.34
0.45
0.54
0.56
0.51
0.38
0.26
0.15
0.11
3.75
1.35
1.58
2.48
4.05
5.40
6.53
6.75
6.08
4.50
3.15
1.80
1.35
45.0O
EFM
ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
Peur NlssreNxeNP Ctlta Nmsrarutx
CONTRACT NO. 543
Application having been made by or on behalf of Paul Nieslanik and Celia
Nieslanik- and hearing on"said Application having been duly held, it is hereby ordered that
said Application be grinted and thit the attached Water Allotment Conkact for 0.033 cubic
feet of water per seiond from the District's direct flow rights and 1..0 acre feet per year of
storage/augrnentation water owned or controlled by the District is hereby approved-and
execu"ted b-y and on behalf of the Basalt Water Conservancy for the beneficial use of the
water allotted in the attached Contract, upon the terms, conditions and manner of payment
as therein specified and subject to the following specific conditions:
1. The Applicants have acknowledged that the land to be benefited by the
attached Contract is described on Exhibit A attaChed hereto and incorporated herein by this
reference.
Z. In the event of the division of the property served by this Contract into two or
more parcels owned by different persons, the Applicants shall establish a Homeowners
Association or other "r,tity
acceptible to the District for the ongoing payment of charges
due under the approved bontrict following subdivision of the property. The Applicants
shall give no6celo purchasers of all or any part of the subject property of the obligation of
this Con11act, and ifrun record such notic" in th" records of the Clerk and Recorder of
Garfield County, Colorado. Applicants and their successors and assigns shall complywith
all rules and regulations now existing or hereafter adopted by the District, including
enforcing payment of charges due under the approved Contract by present and future
owners of htor any part of the real property served under this Contract'
3. Any allotment of lessthan 1.0 acrefootof storagewaterinParagraph 1 of the
attached Contract shall be deemed 1.0 acre foot for PurPoses of establishing the annual
water service charge for such water allotment.
4. Any well permits issued on the basis of this Allotment Contract shall be
applied for and issued in the narne of the Applicants'
5. By acceptance of this Contract, Applicants acknowledge that within two years
of the date hereof or such later date as the District may approve, the Applicants shall file
with the Water Court of Water Division No. 5 a water rights plan of augmentation for
utilization of water allotted hereunder at the location and for the purposes hereinabove set
forth, or the Applicants'water allotment as provided in this Contract maybe included in a
water rights pLn of augmentation to be filed by the District with the expenses thereof to be
Order K 543 Area A0L1L08
shared prorata by the Contract holders included in such plan; provided that inclusion of the
Applicants'water allotment in the District's plan of augmentation shall be at the District's
sole discretion.
In the event the District includes the Applicants' water allotment in the District's
Application for a plan of augmentation, the Applicants acknowledge that execution of the
sub;ect contract constitutes waiver of any notice of the application for the plan for
augmentation by the Water Referee or the Water Clerk under C.R.S. S 37-92-302(3XcXI).
Applicants will provide such information and assistance, including testimony, as may be
needed for judicial approval of the plan. The District makes no waranty that it will secure
approval of the plan. The District may establish an augmentation plan fee to be paid by the
holder of any Contract or amended Contract to be included within a plan of augmentation
to be filed by the District, which fee shall be payable in advance of the inclusion of such
Contract in a District plan of augmentation and may be based on the District's good faith
estimate of the anticipated expense of such plan of augmentation. If such augmentation
plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the
actual expenses incurred by the District in completing said plan of augmentation, the
District shall refund such excess to the Contract holder. Conversely, if such augmentation
plan fee paid by the Contract holder does not cover the Contract holder's prorata portion of
ihe actual expenses incurred by the District in completing said plan of augmentation, then
Applicants shall pay the remaining balance of their portion of the actual exPenses upon the
District's providing the holder with a statement for the same. To the extent that the Dstrict
is caused additional costs because of objections filed specifically due to the inclusion of
Applicants' Contract in the filing, such additional costs may be charged specifically to
Applicants and not shared on a Prorata basis by all Contractees.
However, by acceptance of this Contract, Applicants acknowledge that they shall be
responsible for any adjudication of the water right associated with the Applicants'pond.
The Contract allots storage/augmentation water of the District to augment evaporative
losses from the surface area of the pond, but the Applicants acknowledge that the District
will not be responsible for adjudicating a water right or priority date for the pond in any
future water rights plan of augmentation filed by the District. In its sole discretion, the
District may include the augmentation of the evaporative losses from the pond in a future
augmentation plan filir,g (as above described), but only after the Applicants provide the
District with a decree of court which adjudicates the water right and priority associated
with the pond. In the event that the District includes the augmentation of the evaporative
losses in a future augmentation plan filing, the Applicants shall pay the District's costs
associated with the plan (as above described).
6. Any and all conditions imposed upon the release and diversion of water
allotted hereunder in any water rights plan of augmentation or other water rights decree of
the Water Court for Water Division No. 5 shall be incorporated herein as a condition of
Order K 543 Area A0L12-08 -z-
approval of this contract. Granting of this allotment contract does not constitute the
District's representation that the Applicants will receive a well permit or water rights decree
for the land to be benefited hereby.
7. If Applicants intend to divert water through a well or wells, Applicants shall
provide the District a copy of Applicants' valid well permit for each such well before the
District is obligated to deliver water for the benefit of Applicants hereunder. Applicants
must comply with the well-spacing requirements set forth in C.R.S. 937-90-137, as amended,
if applicable. Compliance with said statutory well-spacing criteria shall be an exPress
condition of the extension of service hereunder, and the Dstrict shall in no waybe liable for
an Applicants'failure to comply
8. The District may establish an augmentation plan fee to be paid by the holder
of any contract to be benefited by a plan for augmentation filed by the District, which fee
shall be payable within thirty (30) days following the District's statement(s) to the
Applicants and may be based on the District's good faith estimate of the anticipated exPense
of iuch plan of augmentation. If such augmentation plan fee paid by a Contract holder
exceeds the Contract holder's prorata portion of the actual expenses incured by the District
in completing said plan of augmentation, the District shall refund such excess to the
Contract holder.
Approved this L2th day of February,2008.
Attest:
BASALT WATER CONSERVANCY DISTRICT
hur Bowles, Vice President
Order K 543 Area A02-12-08