HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garf'leld-county.com
Exemption from the Definition of Subdivision
GENERAL INFORMATION
➢ Street Address / General Location of Property: 598 County Road 323
Rulison, Colorado
D. Legal Description of Parent Property: A tract of land in Sections 30 and 31
Township 6 South, Range 94 West of the 6th P.M.
Size of Property (in acres) as of January 1, 1973: Approximately 136_5A
> Current Size of Property to be Subdivided (in acres): Approximately 136.58
> Number of Tracts / Lots Created Including remainder of Parent Property: 3
> Proposed size of Tracts / Lots to be Created Including remainder of Parent Property:
o Lot #: containing 8.78 acres
o Lot #: 2 containing 4.75 acres
o Lot #: 3 containing123.05 acres
o Lot #: containing acres
o Lot #: containing acres
> Property's Zone District: ARRD
> Name of Property Owner: samuel Bert Potter, Jr.
• Address: P.O. Box 148 Telephone: 625-2882
> City: Rifle State: co Zip Code:81650 FAX: N/A
> Name of Owner's Representative, if any (Planner, Attorney):
Barbara L. Clifton
> Address: P.O. Box 907 Telephone: 625-1887
> City: Rifle
State:
Co Zip Code:81650 FAX: 625-4448
STAFF USE ONLY
> Doc. No.: Date Submitted:
Planner: Hearing Date:
TC Date:
REQUEST FOR EXEMPTION
BEFORE THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Pursuant to section 30 -28 -101(10)(a) -(d) of the Colorado Revised Statutes (C.R.S.) and
section 8.00 of the Subdivision Regulations of Garfield County, Colorado, Samuel Bert Potter, Jr.
("Applicant") requests that the Board of County Commissioners exempt by resolution the division
of a 136.58• acre, more or less, tract of land into one tract of 8.78 acres, more or less, (Parcel 1), and
one tract of 4.75 acres, more or less, (Parcel2), and one tract of 123.05 acres, more of less, (Parcel
3) from the definitions of "Subdivision" and "Subdivided Land" as the terms are used and defined
in C.R.S. § 30 -28 -101(10)(a) -(d) and the Subdivision Regulations. Applicant bases this request on
the reasons stated below.
1. The 136.58 acre, more or less, tract which is the subject of this Request is owned by Applicant
and is described summarily as a tract of land in Lot 9, (SWSW of Section 31) and the SESW of
Section 30, Township 6 South, Range 94 West of the 6th Principal Meridian in Garfield County,
Colorado. A copy of the deed transferring the property to Applicant is attached as Exhibit 1.
2. The purpose of this exemption request is to allow transfer of two of the lots for residential use
to Applicant's family.
3. The residential improvements on each of the Parcels will be supplied with domestic water from
Potter Springs No. 1 and 2, Pump and Pipeline. Potter Springs No. 1 and 2, Pump and Pipeline are
adjudicated for 0.13 cfs_(58 gallons per minute) absolute. A report from Grand River Consulting
Corporation confirms the adequate physical and legal supply of water. Copies of the Water Decree,
Ariel Photo, Map and Reports are attached as Exhibit 2.
4. Any residential improvements to be constructed on Parcel 2 will be served by individual septic
system. The 'residential improvements on Parcel 1 and 3 are already served by individual septic
systems.
5. The Parcels 1 and 3 are accessed via County Road 323. Parcel 2 is accessed via County Road
320. Each parcel will have its own access.
6. Applicant's property is one of not more than three parcels created from a larger parcel as it
existed on January 1, 1973. No parcels have been separated from the property as it existed on
January 1, 1973. A copy of the deed transferring the property to Applicant prior to January 1, 1973
and graphic representations of the property on January 1, 1973 and on today's date are attached as
Exhibit 3.
7. In further support of this Request, the following documents are submitted:
a. Proposed exemption plat with vicinity map;
b. Schedule of names and addresses of owners of record of lands within 200 feet of the
proposed exemption, Assessor's maps, and mineral owners of record for the exempted
parcels (Exhibit 4);
c. Soil types and characteristics from the United States Department of Agriculture Soil and
Conservation Service (Exhibit 5);
d. Copy of Request for and Comments from Grand Valley Fire Protection District (Exhibit
6); and
e. Application Fee of $300.00 and signed Fee Agreement.
8. School impact fees as provided by regulation will be paid upon approval of final exemption plat.
THEREFORE, Applicant requests that the Board of County Commissioners of Garfield
County, Colorado, approve this exemption request.
DATED this 8 day of 2008.
Barbara L. Clifton
Stuver, LeMoine & Clifton, PC
Attorneys for Applicant
Scyer, LeMoine & Clifton, P . are authorized to represent me in this matter.
Samuel Bert Potter, Jr. Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Samuel Bert Potter, Jr.
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for Potter Subdivision Exemption
(hereinafter, THE PROJECT).
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. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. 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 Commissioners for the consideration of an
application or additional COUNTY staff time 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.
APPLICANT
Signature
Date:
Samuel Bert Potter, Jr.
Print Naine
Mailing Address: P.O. Box 148
Rifle, CO 81650
10/2004
Page 4
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Mr. Sam Potter
PO Box 148
Rifle, CO 81650
RE: Confirmation of Adequate Water Supplies
Potter Exemption, Rulison Colorado
Dear Sam:
Pursuant to your request we have reviewed the physical and legal water availability associated
with the proposed Potter subdivision exemption near Rulison, Colorado. As outlined below, we
have determined that a reliable legal and physical water supply exists to supply all
domestic water requirements for the proposed subdivision exemption. This conclusion is
based upon a site review of the property, field observations of the springs that will supply
domestic water, a review of the water right decreed to the spring, and our substantial experience
in water right administration issues in the Colorado River basin.
Property Description
The subject property is located about one mile south of the Interstate 70 Rulison exit. The
proposed subdivision exemption will create two additional parcels of land from an existing
single parcel. A total of four residential dwellings will exist on three parcels of land after
the exemption. As illustrated on the Potter Exemption Plat (dated 6/26/08), Parcel 1 will be
about 8.78 acres in size, and Parcel 2 will be about 4.75 acres in size.
Physical Water Availability
In-house potable residential water will be supplied from the Potter Springs No. 1 and 2
Pump and Pipeline. These two springs are gathered into a central collection system, from
which water is pumped and piped to the three subject parcels of land for domestic,
residential and irrigation use. The springs have been reliably used for potable drinking
water purposes on the site since the early 1900's.
718 Cooper Avenue Glenwood Springs, CO 81601 (970) 945-2237 Fax (970) 945-2977
Mr. Sam Potter
October 8, 2008 -
Pg. 2
The location of the collection point for the springs is illustrated on Figures 1 and 2
attached. The springs are located in Section 30 of Township 6. S, Range 94 W. of the 6th
P.M.
We conducted a site review of the Potter Springs No. 1 and 2 Pump and Pipeline on
September 18, 2008. At the time of the site visit, the discharge of the spring was observed
to be substantially in excess of 50 gallons per minute (gpm). As you indicated during the
site visit, the flow of these springs has seldom been less than the amount that we observed
(over 50 gpm), and even during historical drought periods such as 100+ year drought of
2002, the springs have produced enough water to supply four residences, with a substantial
amount of excess supply available for lawn and garden, and pasture irrigation.
The water quality of the springs is excellent. The springs are low in total dissolved solids
and are suitable for domestic use. As previously outlined, the springs have been used for
domestic purposes for quite some period of time, and water quality has been consistently
suitable for potable use.
Accordingly, this source of water is of adequate quantity and quality to supply potable
residential water to the three parcels. Even during critical drought periods, a reliable
physical water supply will occur.
Legal Water Availability
An absolute water right for 0.13 cubic feet per second of time (58 gallons per minute) has
been adjudicated for the Potter Springs No. 1 and 2 Pump and Pipeline (Attachment 1).
The water right was decreed in Civil Action No. 4072 for domestic and other beneficial
uses. According to records maintained by the Division of Water Resources, an
appropriation date of May 1, 1905 is associated with this water right (Attachment 2).
This water right has, and will continue to, provide a reliable legal water supply for
domestic uses on the property. The water right will remain in -priority year-round and is
not subject to an administrative water right call from any downstream water users. This
absolute water right is protected from any downstream call by releases from the Historical
Users Pool within Green Mountain Reservoir.
The actual location of the water right coincides with the decreed legal description for this
source of water.
In summary, the Potter Springs No. 1 and 2 Pump and Pipeline will provide a reliable legal and
physical supply of water for all parcels associated with the Potter Subdivision Exemption.
Mr. Sam Potter
October 8, 2008
Pg. 3
Physical water availability from the springs exceeds the amount of water required for in-house
potable uses, and the water right that has been adjudicated for the spring is in -priority at all
times.
We hope this brief assessment if helpful. If you have any questions or require any additional
information, please do not hesitate to contact us.
S incerely,
GRAND RIVER CONSULTING CORPORATION
Kerry Sundeen
Hydr.. gist
KDS/eod
Cc: Barb Clifton
Enclosures
Attachment 1
Civil Action 4072
THE POTTER SPRINGS NO. 1 AND 2 PUMP AND PIPELINE
That the Potter Springs No. 1 and 2 Pump and Pipeline is numberad }F' ';;t
and that the claimant of said springs, pump and pipeline and hie, address is W
followst . .
NAME ADDRES4
DA. SAMUEL B. POTTER c%o Corwin Hospital &. ollnic
Pueblo, Colorado' • •
Said aprings 1 and 2 pump and pipeline is used for domestic .erid .of]s8r:
beneficial purposes and takes its supply of water from said spring in Garfield •
County, Colorado. The spring is located at a point whence the West quarter ¢brher- .
of Rection 31, Township 6 South Range 94 West of the Sixth Prineipal•lioridianbearm'
South 1001° West 2,657.38 feet,
IT IS ORDERED, ADJUDGED AND DECREED that there be allowed to flow14o
said springs, pump and pipeline from said spring for the use aforeeaid•and foi b4ie +=
benefit of the parties entitled thereto under and by virtue ofyoorriginal eppropri-ationi.
.13 cubic foot of water per second of time with priority No. 1 VU relating back
to and dating from the ( day of ,Q1•1 /14°A
and that said priority
hereby awarded is made absolute and unconditional. •
IT IS FURTHER ORDERED, ADSUDCBD AND DEORP3D by the Court that the•t4 4
amount of water to which said springs and pipeline is at present entitled i3::
cubic foot of water per second of time. !
Attachment 2
Structure Summary Report
State of Colorado
Structure Name: POTTER SP NO 1 2 PUMP PL Water District: 45 Structure ID Number: 727
Source: SPRING (RULISON)
Location: Q10 040 Q160 Section Twnshp Range PM
SW SW SW 30 65 941N S
Distance From Section From NIS Line: From EMI Line:
UTM Coordinate (NAD 83): Northing (UTM 4375226 Easting (UTM x): 247431.9 Spotted from PLSS distances from section lines
Latitude/Long itude (decimal degrees): 39.489573 -107.936867
Hydroaase
Water Rights Summary: Total Decreed Rate(s) (CFS):
Total Decreed Volume(s) (AF):
Absolute:
Absolute:
0.1300
0.0000
Conditional:
Cdndtional:
0.0000
0.0000
AP/EX: 0.0000
AP/EX: 0.0000
Water Rights -- Transactions
Case Adjudication Appropriation Administration Order Priority Decreed Adjudication
Number Date Date Number Number Number Amount Type Uses
Action Comment
CA4072 1953-03-02 1905-05-01 34825.20209 0 180 0.1300 C S 8Q
Water Rights -• Net Amounts
Adjudication Appropriation Administration Priority/Case Rate (CFS) Volume (Acre Feet)
Date Date Number Order Number Number Absolute Conditional AP/EX Absolute Conditional APEX
1953-03-02 1905-05-01 34825.20209
0 180 0.1300 0 0 0 0 0
Irrigated Acres Summary -- Totals From Various Sources
GIS Total (Acres):
Diversion Comments Total (Acres):
Structure Total (Acres):
Year
1
Reported:
Reported: 2007
Reported:
Irrigated Acres From GIS Data
Land Use Acres Flood Acres Furrow Acres Sprinkler
Acres Drip Acres Groundwater Acres Total
No data available for this report
Report Date: 2008-09-10
Page 1 of 3 HydroBase Refresh Date: 2008-08-01
Diversion Summary in Acre -Feet - Total Water Through Structure
Year FDU LDU DWC Maxq & Day Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Total
1985 1984-11-01 1985-10-31 365 0 11-01 8 8 8 7 8 8 8 8 8 8 8 8 94
1987 ' 1
1968 1
1988 1987-11-01 1988-10-31 366 0 11-01 6 6 6 6 6 6 6 6 6 6 6 6 73
1989 1989-04-24 1989-10-31 191 0 04-24 0 0 0 0 0 2 8 8 8 8 8 8 49
1989 ' 1
1990 " 6
1991 " 6
1992 ` 6
1993 ' 6
1994 6
1995 ' 6
1996 ' 6
1997 6
1998 ` 6
1999 ' 6
2000 ' 6
2001 5
2002 " 1
2003 t
2004 ' 1
2005 ' 1
2007 ' 9
Minimum 0 0 0 0 0 0 2 6 6 6 6 6 6 1
Maximum 0 8 8 8 7 8 8 8 8 8 8 8 8 94
Average 0 5 5 5 4 5 5 7 7 7 7 7 7 13
2100 years with diversion records
Notes: The average considers all years with diversion records, even if no water is diverted.
The above summary fists total monthly diversions.
' = Infrequent Diversion Record. All other values are derived from day records.
Average values include infrequent data if infrequent data are the only data for the year.
Report Date: 2008-09-10 Page 2 of 3 HydroBase Refresh Date: 2008-08-01
Diversion Comments
IYR NUC Code Acres Irrigated Comment
1975 No information available
1976 No information available
1977 No information available
1978 No information available
1979 No information available
1982 No information available
1983 No information available
1984 No information available
1985 0 ACRES ACCOUNTED FOR UNDER ID 726
1986 Water taken but no data available ACRES ACCOUNTED FOR UNDER ID# 538 CAMP BIRD DITCH
1987 DOMESTIC USE
1988 0 DOMESTIC & STOCK USE
1989 0 DOMESTIC & STOCK USE
1990 0 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
1991 0 DOMESTIC INCLUDING LAWN AND GARDEN • STOCK USE
1992 0 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
1993 0 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
1994 0 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
1995 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
1996 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
1997 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
1998 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
1999 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
2000 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
2001 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
2002 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE
2003 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USEGREEN MT. HUP
2004 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE.GREEN MT. HUP
2005 1 DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE.GREEN MT. HUP
2006 No information available DOMESTIC INCLUDING LAWN AND GARDEN - STOCK USE.GREEN MT. HUP.
2007 1 DOMESTIC INCLUDING LAWN AND GARDEN; GREEN MT. HUP
Note: Diversion comments and reservoir comments may be shown for a structure, if both are available.
Report Date: 2008-09-10 Page 3 of 3 HydroBase Refresh Date: 2008-08-01
Ruli son&
— .
porrEp, spos NO I 2 3 D;
porrErt SP NO 1 2 PUMP PL
0 500 ft
Date: September 21, 2008
Map By: M.P.
File Name: PotterSprings.map
Figure 2: Potter Springs No. 1, 2 and 3 and Ditch;
Potter Springs No. 1 and 2 Pump and Pipeline Vicinity Map (2005 Aerial)
Garfield County, Colorado
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Owner's Within 200 Feet of
Parcel No. 2175 312 00 028
Samuel Bert Potter, Jr.
Parcel #
Owner
Mailing Address
2175 303 00 150
Ted L. Vaughan & Hilda M. Vaughan
259 County Road 320
Rifle, CO 81650-9609
2175 303 00 151
Warren H. Buxton, Charles K. Buxton
and Edith Sarver
3055 Trinity Drive, Apt. 626
Los Alamos, NM 87544-2350
2175 304 00 003
Jacee Renee Johnson
6151 County Road 309
Parachute, CO 81635-0696
2175 303 00 180
Calvin D. Murray
1207 East 1760 South
Vernal, UT 84078
2175 311 00 062
Stuart D. Jensen and Keri B. Jensen
6434 County Road 309
Parachute, CO 81635
2175 323 00 152
Wayne E. Wells (assessor site shows
owner as Wayne E. Wells see Personal
Representative Deed Book 1771 Page
393) Marion J. Wells
6691 County Road 309
Parachute, CO 81635-9113
2175 312 00 052
Ron K. Thurston and Susan J.
Thurston
864 County Road 323
Rifle, CO 81650-8605
2175 312 00 061
Ron K. Thurston and Susan J.
Thurston
864 County Road 323
Rifle, CO 81650-8605
2175 312 00 060
John A. VanTeylingen and Patti R.
VanTeylingen
940 County Road 323
Rifle, CO 81650
2175 312 00 037
Dawn Ree -Archuleta
0201 D J Road
Rulison, CO 81635
2175 311 00 038
David Wayne Anderson and Barbara
Jean Anderson
PO Box 1665
Rifle, CO 81650-1665
2175 311 00 049
Gary E. Miles and Jeanne I. Miles
6425 County Road 309
Parachute, CO 81635-9113
2173 361 00 001
Cathy M. Slaymaker and Lucas J.
Roman
955 County Road 322
Rifle, CO 81650-2171
2173 254 00 004
Samuel B. Potter and Teresa A. Potter
PO Box 148
Rifle, CO 81650
Mineral Rights Owners
Samuel Bert Potter, Jr.
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SHEET NUMBER 15
RIFLE AREA, COLORADO
(RULISON QUADRANGLE)
11
132
1 55—Potts loam, 3 to 6 percent slopes. This deep,
well drained, moderately sloping soil is on mesas, bench-
es, and sides of valleys. Elevation ranges from 5,000 to
7,000 feet. This soil formed in alluvium derived from
sandstone, shale, or basalt. The average annual precipi-
tation is about 14 inches, the average annual air tem-
perature is about 46 degrees F, and the average frost -
free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
Iabout 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Olney, Kim, and Ildefonso soils that have slopes of 3 to
6 percent. These areas make up 10 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for irrigated crops and hay and
for dryland farming (fig. 10). Alfalfa, small grains, and
grass -legume hay are grown. Small areas are used for
grazing.
These soils are usually irrigated by flooding. Drop
structures in irrigation ditches, grassed waterways, and
minimum tillage prevent serious erosion. Irrigation water
should be carefully managed to avoid piping and erosion.
Cover crops or stubble mulching also help to limit ero-
sion in dryfarmed areas.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on this soil.
Community development and recreation are limited by
low strength and the shrink -swell potential. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclasses Ille, irrigated, and
IVe, nonirrigated.
56—Potts loam, 6 to 12 percent slopes. This deep,
well drained, moderately sloping to rolling soil is on
mesas, benches, and sides of valleys. Elevation ranges
from 5,000 to 7,000 feet. This soil formed in alluvium
derived from sandstone, shale, or basalt. The average
annual precipitation is about 14 inches, the average
1
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1
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1
1
1
SOIL SURVEY
annual air temperature is about 46 degrees F, and the
average frost -free period is about 120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Kim, Olney, and Ildefonso soils that haveslopes
slopes5 of 6 to
12 percent. These areas make up
10 ent of
the map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is medium, and the erosion hazard is
severe.
This soil is used mainly for grazing, wildlife habitat, and
some dryland farming (fig. 10). Wheat, barley, and oats
are grown.
Minimum contour tillage and stubble mulching help to
prevent excessive erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing improves and maintains range condi-
tion. Reducing brush improves range. Seeding improves
range in poor condition. Crested wheatgrass, western
wheatgrass, and Russian wildrye are suitable for seed-
ing. Preparing a seedbed and drilling the seed are good
practices.
Community development and recreation are limited by
low strength, shrink -swell potential, and slope. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
57—Potts-Ildefonso complex, 3 to 12 percent
slopes. These gently sloping to rolling soils are on
mesas and sides of valleys. Elevation ranges from 5,000
to 6,500 feet. The Potts soil formed in alluvium derived
from sandstone, shale, or basalt. The Ildefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounts of eolian material. The average annual
precipitation is about 14 inches, the average annual air
temperature is about 46 degrees F, and the average
frost -free period is about 120 days.
The Potts soil makes up about 60 percent of the map
unit, and the Ildefonso soils makes up about 30 percent.
The Potts soil is on slightly concave positions, and the
Ildefonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained. Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam that extends to a
depth of 60 inches.
1
1
1
1
1
1
1
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1
1
RIFLE AREA, COLORADO
Permeability of the Potts soil is moderate, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, calcareous very
stony loam that extends to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is slow, and the
erosion hazard is moderate.
Included with this soil in mapping are small areas of
Olney and Kim soils that have slopes of 3 to 12 percent.
These areas make up 5 to 15 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The native vegetation on the Potts soil is mainly
wheatgrass, needleandthread, and sagebrush. The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing maintains and improves range con-
dition on both soils. Seeding improves range on the
Potts soil if it is in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices. Reducing brush on the Potts soil im-
proves the range. Properly managing the vegetation on
the ,Ildefonso soil maintains wood production and graz-
ing. Selectively thinning pinyon and juniper improves
grazing and provides firewood, posts, and Christmas
trees.
The Ildefonso soil is suited to production of pinyon and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5, feet tall reach an average
diameter (at one foot) of 5 inches. The low available
water capacity affects survival of tree seedlings.
Mule deer, wild turkey, chukar, gray squirrel, cottontail
rabbit, and some pheasant find habitat on these soils.
Community development is limited on the Potts soil by
low strength, shrink -swell potential, and slope. Communi-
ty development is limited on the Ildefonso soil by steep
slopes.
This complex is in capability subclass Vle, nonirrigated.
58—Potts-Ildefonso complex, 12 to 25 percent
slopes. These strongly sloping to hilly soils are on
mesas, alluvial fans, and sides of valleys. Elevation
ranges from 5,000 to 6,500 feet. The Potts soil formed in
alluvium derived from sandstone, shale, or basalt. The
Ildefonso soil formed in very strongly calcareous, basaltic
alluvium and small amounts of eolian material. The aver-
age annual precipitation is about 14 inches, the average
33
annual air temperature is about 46 degrees F, and the
average frost -free period is about 120 days.
The Potts soil makes up about 60 percent of this unit,
and the Ildefonso soil makes up about 30 percent. The
Potts soil is in slightly concave positions, and the Ilde-
fonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained. Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam to a depth of 60
inches.
Permeability of the Potts soil is moderate, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is medium, and the ero-
sion hazard is moderate.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, calcareous very
stony loam to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is medium, and
the erosion hazard is moderate.
Included with this soil in mapping are small areas of
Morval and Lazear soils. The Morval soils are at the
higher elevations. The Lazear soils are shallow and are
on ridge crests and steep mountainsides. These areas
make up 10 to 18 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The native vegetation on the Potts soil is mainly
wheatgrass, needleandthread, and sagebrush. The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing maintains and improves range con-
dition on both soils. Seeding improves range in poor
condition in less sloping areas of the Potts soil. Blue -
bunch wheatgrass, western wheatgrass, and need-
leandthread are suitable for seeding. Preparing the
seedbed and drilling the seed are good practices. Con-
trolling brush on the Potts soil improves range that is
producing more shrubs than are normally found in the
potential plant community. Properly managing the under -
story vegetation on the Ildefonso soil maintains wood
production and grazing. Selectively thinning pinyon and
juniper improves grazing and provides firewood, posts,
and Christmas trees.
The Ildefonso soil is suited to production of pinyon and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches. The low available
water capacity affects survival of tree seedlings.
34
Mule deer, wild turkey, chukar, gray scjuirrel, cottontail
rabbit, and some pheasant find habitat on these soils.
The steep slopes limit community development. Struc-
tures are needed to divert runoff to minimize gullying and
erosion.
This complex is in capability subclass Vle, nonirrigated.
59—Potts-Ildefonso complex, 25 to 45 percent
slopes. These hilly to very steep soils are on alluvial
fans and sides of valleys. Elevation ranges from 5,000 to
6,500 feet. The Potts soil formed in alluvium derived
from sandstone, shale, or basalt. The Ildefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounts of eolian material. The average annual
precipitation is about 14 inches, the average annual air
temperature is about 46 degrees F, and the average
frost -free period is about 120 days.
The Potts soil makes up about 60 percent of the map
unit, and the Ildefonso soil makes up about 30 percent.
The Potts soil is in slightly concave positions, and the
Ildefonso soil is in the steeper, breaklike areas.
The Potts soil is deep and well drained. Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is reddish brown clay loam about 24 inches thick.
The substratum is pinkish white loam to a depth of 60
inches.
Permeability of the Potts soil is moderate, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is medium, and the ero-
sion hazard is severe.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, very strongly cal-
careous very stony loam to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is medium to
rapid, and the erosion hazard is severe.
Included with this soil in mapping are small areas of
Morval and Lazear soils. The Morval soils are at the
higher elevations. The Lazear soils are shallow and are
on ridge crests and steep mountainsides. These areas
make up 10 to 18 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The native vegetation on the Potts soil is mainly
wheatgrass, needleandthread, and sagebrush. The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing on the Potts soil maintains and
improves the range condition. Properly managing the
vegetation on the Ildefonso soil maintains wood produc-
tion and ground cover. The value for grazing is low
SOIL SURVEY
because of steep slopes and the tree canopy. Firewood,
posts, and Christmas trees can be harvested from the
more gently sloping areas.
The Ildefonso soil is suited to production of pinyon and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches. The low available
water capacity affects survival of tree seedlings. Steep
slopes and the severe erosion affect harvesting.
Mule deer, wild turkey, chukar, gray squirrel, cottontail
rabbit, and some pheasant find habitat on these soils.
Community development is limited by very steep
slopes.
This complex is in capability subclass Vile, nonirrigat-
ed.
60—Rhone loam, 5 to 30 percent slopes. This deep,
well drained, gently sloping to steep soil is on mountain-
sides and ridges. Elevation ranges from 7,600 to 8,600
feet. This soil formed in residuum from sandstone and
marlstone. The average annual precipitation is about 20
inches, the average annual air temperature is about 40
degrees F, and the average frost -free period is less than
75 days.
Typically, the upper part of the surface layer is brown
loam about 8 inches thick, and the lower part is brown
sandy clay loam about 20 inches thick. The underlying
material is brown extremely channery sandy clay loam
about 24 inches thick. Sandstone is at a depth of 52
inches.
Included with this soil in mapping are small areas of
Parachute and Northwater soils. The moderately deep
Parachute soils are on smooth ridge crests and west -
and south -facing side slopes. The Northwater Soils are
on north -facing side slopes. These areas make up about
10 to 15 percent of the map unit.
Permeability is moderate, and available water capacity
is moderate. Effective rooting depth is 40 to 60 inches.
Surface runoff is slow, and the erosion hazard is slight.
This soil is used mainly for wildlife habitat and limited
grazing.
The native vegetation is mainly brome, needlegrass,
and sagebrush. There are small areas of dwarfed aspen,
but they are of little or no commercial value.
When range condition deteriorates, forbs, shrubs, and
Kentucky bluegrass increase. Properly managing grazing
maintains and improves range condition. Seeding and
remoying brush improve range on less sloping areas if it
is in poor condition. Intermediate wheatgrass, slender
wheatgrass, and mountain or smooth brome are suitable
for seeding. Preparing the seedbed and drilling the seed
are good practices.
Elk, mule deer, coyote, grouse, and rabbit find habitat
on this soil.
Use of this soil for community development or as a
source of construction material is limited by steep
slopes.
106
TABLE 7. --BUILDING SITE DEVELOPMENT --Continued
SOIL SURV4'.
Soil name and I Shallow
map symbol 1 excavations
1
Dwellings
without
basements
Dwellings
with
basements
43
Limon
1414
Morval
145*:
Morval
Tridell
46
Nihill
47
Nihill
48
Northwater
149
Olney
50
Olney
51
Olney
52
Parachute
53*:
Parachute
Rhone
514
Potts
55
Potts
56
Potts
57*:
Potts
Ildefonso
;Moderate:
I too clayey.
1
;Slight
Severe: ;Severe:
1 shrink -swell. 1 shrink -swell.
11
I ,
;Moderate:
1 1 shrink -swell.
1 1
11
1 1
1 1
1 1
1 1
1 1
1 I
;Moderate: ;Moderate:
slope. I shrink -swell,
1 I slope.
i '
1 1
'
I
1
;Severe: !Severe:
1 slope, I slope,
large stones. 1 large stones.
1
;Severe: ;Slight
1 cutbanks cave. I
!Severe: ;Severe:
1 slope, 1 slope.
d cutbanks cave. 1
;Severe: ;Severe:
slope. slope.
1
;Slight Slight
1
1
;Slight ;Slight
I I
I I
I '
I
!Moderate: ;Moderate:
I slope. 1 slope.
1 I
I 1
;Severe: ;Severe:
slope, 1 slope.
1 depth to rock. I
o
1 1
'
1
I
'Severe: ;Severe:
I slope, I slope.
1 depth to rock. 1
1 '
1
'Moderate: ;Moderate:
I slope, slope,
' depth to rock. shrink -swell.
1
;Slight Slight
;Slight ;Slight
1
11
1 1
'Moderate: ;Moderate:
slope. 1 slope.
I i
I
I
;Slight ;Slight
1
1
1
Severe: !Severe:
large stones. I large stones.
'
'
See footnote at end of table.
!Moderate:
I shrink -swell.
1
Moderate:
shrink -swell,
slope.
Severe:
slope,
large stones.
Slight
1Severe:
I slope.
Small
commercial
buildings
Severe:
shrink -swell.
Moderate:
slope,
shrink -swell.
Severe::
slope.
;Severe:
slope,
' large stones.
;Slight
1
!Severe:
I slope.
!Severe: Severe:
I slope. I slope.
1
'Slight (Slight
1 1
1
1
!Slight 'Slight --
1
1 1
1 I
;Moderate: 'Severe:
I slope. I slope.
1I
I I
'Severe: 'Severe:
I slope, I slope.
I depth to rock.
1 1
1 1
1 I
'Severe: ;Severe:
1 slope, I slope.
; depth to rock. ;
1 1
1 I
!Moderate: 'Severe:
1 slope, ' slope.
1 depth to rock, 1
I shrink -swell. 1
I
!Slight ;Slight
1
1
1 1
'Slight !Moderate:
I
I 1 slope.
1
1 1
'Moderate: 'Severe:
1 slope. I slope.
1 1
1 1
1 1
1 I
;Slight 'Moderate:
1 ! slope.
1
I I
;Severe: 'Severe:
' large stones. I slope,
; I large stones.
11
1 1
Local roads
and streets
;Severe:
1 low strength,
I shrink -swell.
!Moderate:
I low strength
1 shrink -swell,
1 frost action.
1 1
!Moderate:
I low strength,
1 shrink -swell,
I slope.
!Severe:
I slope,
1 large stones.
1
;Slight.
1
1
;Severe:
I slope.
!Severe:
' slope.
!Slight.
1
;Slight.
1
;Moderate:
I slope.
;Severe:
I slope.
1
I
!Severe:
' slope.
1
Moderate:
slope,
frost action,
shrink -swell.
Slight.
;Slight.
1
1
;Moderate:
I slope.
;Slight.
1
!
!Severe:
I large stones.
1
RIFLE AREA, COLORADO
TABLE 7. --BUILDING SITE DEVELOPMENT --Continued
Soil name and
map symbol
Shallow
excavations
58*, 59*:
Potts
Ildefonso
50, 61
Rhone
52*:
Rock outcrop.
Torriorthents.
63
Silas
64-
Tanna
65*.
Torrifluvents
66*:
Torriorthents.
Camborthids.
Rock outcrop.
67*:
Torriorthents.
Rock outcrop.
;Severe:
I slope.
(Severe:
I slope,
I large stones.
;Severe:
I slope.
;Moderate:
I floods.
;Severe:
I slope.
1
68 ;Slight
Vale 1 1
I 4 1
69 ;Moderate: ;Moderate:
Vale I slope. I slope.
11
1 '
1'
I
70 ;Severe: ;Severe:
Vale I slope. I slope.
, 1
71*: 1 1
Villa Grove ;Severe: ;Severe:
I slope. I slope.
1 ;
1
1
Zoltay ;Severe: Severe:
slope. 1 slope,
shrink-swell.
1
72 ;Severe: Severe:
n'ann I wetness. ; floods.
1 ,
I
* See description of the map unit for composition and behavior characteristics of the map unit.
i
Dwellings 1 Dwellings
without ; with
basements I basements
1
1
i
I
Severe: 'Severe:
slope. slope.
Severe:
I slope,
I large stones.
;Severe:
I slope.
1
;Severe:
floods.
(Severe:
I slope.
;Slight
Severe:
slope,
I large stones.
;Severe:
I slope.
;Severe:
I floods.
;Severe:
I slope.
1
Small 1
commercial
buildings
1
;Severe:
I slope.
;Severe:
I slope,
I large stones.
(Severe:
I slope.
107
Local roads
and streets
'Severe:
slope.
Severe:
slope,
large stones.
Severe:
slope.
;Severe: ;Severe:
I floods. I floods.
;Severe: ;Severe:
I slope. I slope,
I low strength.
1 ;
1 ,
1 ,
I ,
1 ,
1
1 (
1 ,
1Moderate:
I low strength.
;Moderate:
I slope,
low strength.
;Severe:
1 slope.
;Severe:
I slope,
I low strength.
;Severe:
slope,
I low strength,
I shrink -swell.
1 ;
;Severe: ;Severe:
I floods. I floods,
I frost action.
1 I
1
1
i
1
1 .
1 i
1 �
i
1 1
1
1
1 1
i
1 1
;Slight ;Moderate:
1
I slope.
;Moderate: ;Severe:
I slope. I slope.
1 1
1 I
I
(Severe: ;Severe:
I slope. I slope.
1 1 1 ,,
1
;Severe: ;Severe:
I slope. I slope.
1
1 ,
I '
;Severe: ;Severe:
I slope, I slope,
I shrink -swell. I shrink -swell.
1
;
;Severe:
I floods,
I wetness.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
112 SOIL SURVEY
TABLE 8. --SANITARY FACILITIES --Continued
Soil name and
map symbol
Septic tank
absorption
fields
Sewage lagoon
areas
Trench ; Area
sanitary 1 sanitary
landfill 1 landfill ,
I
!
[Slight !Good.
! !
! [
;Moderate: ;Fair:
1 slope. 1 slope.
1 1
1 1
! [
!Slight !Good.
! !
1
!Moderate: !Poor:
1 slope. I large stones.
1 1
! 1
; !
[Severe: !Poor:
1 slope. I slope.
[ 1
;Severe: Poor:
I slope, slope,
1 seepage. large stones.
!
.
Severe: ;Severe: !Poor:
slope. I slope. I slope.
i I
;Severe: !Poor:
I slope, I slope,
1 seepage. 1 large stones.
1
1 !
[Severe: !Poor:
I slope. [ slope.
1 !
! [
;Severe: !Poor:
I slope. I slope.
1 !
1
,
,
!
,
,
,
i
,
;Severe:
I floods.
1 Daily cover
[ for landfill
,
54, 55
Potts
56
Potts
57*:
Potts
Ildefonso
58*:
Potts
Ildefonso
59*:
Potts
Ildefonso
60
Rhone
61
Rhone
62*:
Rock outcrop.
Torriorthents
63
Silas
64
Tanna
65*.
Torrifluvents
66*:
Torriorthents.
Camborthids.
Rock outcrop.
67*:
Torriorthents.
Rock outcrop.
;Moderate:
I percs slowly.
[
[
Moderate: [Slight
slope, ,
seepage. .
I
!Moderate: Severe:
I slope, I slope.
percs slowly. 1
Moderate: ;Severe:
percs slowly. I slope.
!Severe:
1 slope,
I seepage.
;Severe:
1 slope.
[
!Severe:
I slope,
I seepage.
!Severe:
I slope.
;Severe:
I slope,
I seepage.
;Severe:
I slope.
!Severe:
I slope.
;Severe:
I floods.
;Severe:
I depth to rock,
Severe:
slope,
1 large stones.
!Severe:'
I slope.
!Severe:
I slope,
1 large stones.
1 Seve're:
I slope.
;Severe:
1 slope,
I large stones.
;Severe:
depth to rock,
1 slope.
[
!Severe:
I depth to rock,
1 slope.
[
!Severe:
I floods.
!Severe:
1 depth to rock,
I percs slowly,
I slope.
See footnote at end of table.
I slope.
!Slight
;Slight
[
;Severe:
I large stones.
;Moderate:
I slope.
!Severe:
1 large stones,
1 seepage.
Severe:
slope,
large stones,
1 seepage.
;Severe:
I depth to rock.
;Severe:
1 slope,
1 depth to rock.
!Severe:
1 floods.
;Severe:
I depth to rock,
I slope.
Severe:
slope.
;Good.
!Poor:
I slope,
1 thin layer,
1 area reclaim.
i
Rlf
6E
6:
7
RIFLE AREA, COLORADO 122
TABLE 10. --WATER MANAGEMENT --Continued
Soil name and
map symbol'
Pond
reservoir
areas
I Embankments,
I dikes, and
levees
Drainage
I Irrigation
I Terraces and
I diversions
Grassed
waterways
53*:
Parachute
Rhone
54, 55
Potts
56
Potts
57*:
Potts
Ildefonso
58*, 59*:
Potts
Ildefonso
60, 61
Rhone
62*:
Rock outcrop.
Torriorthents.
63
Silas
614
Tanna
65*.
Torrifluvents
66*:
Torriorthents.
Camborthids.
Rock outcrop.
67*:
Torriorthents.
Rock outcrop.
68
Vale
69
Vale
70
Vale
Depth to rock, ;Thin layer
slope,
seepage.
;Thin layer
rock.;
Seepage ;Piping
;Piping
;Piping
;Large stones;
Seepage ;Piping
I
Seepage, ;Large stones slope.
!Slope,
depth to
;Seepage
!Seepage
(Seepage,
I slope.
;Slope,
I depth to rock.
ISlope,
I seepage.
;Siope,
I depth
;Seepage
Thin layer
;Piping
;Thin layer
to rock.'
'Piping
'Piping
i•
;Piping
ISlope,
I seepage.
;Slope,
I seepage.
See footnote at end of table.
Depth to rock,
slope.
;Slope,
droughty,
rooting depth.
Slope, Slope,
depth to rock.; rooting depth.
Slope
Slope
Slope
(Slope,
I erodes easily.
;Slope,
I erodes easily.
;Slope,
I erodes easily.
;Depth to rock,
I slope.
Slope,
I depth to rock.
;Erodes easily--
;
;Slope,
! erodes easily.
Erodes easily --
Slope, ;Slope, Large stones,
large stones. I large stones, slope.
I droughty.
;
Slope ;Slope, Siope,
I erodes easily.; erodes easily.
; I
Slope, ISlope, !Large stones,
large stones. I large stones, I slope.
droughty. ;
; ;
Slope, ISlope, ISlope,
depth to rock.; rooting depth. depth to
;
i
;
Slope,
floods.
Slope,
percs slowly,
depth to rock.
ISlope,
I floods.
!Slope, ;Slope,
I percs slowly, I depth
I rooting depth.! peres
;Favorable
;Favorable • ;Favorable
I I
I I
I I
;Slope
;Slope
ISlope
ISlope
rock.
Slope,
rooting dept
droughty.
Slope,
rooting dept
Erodes easil3
Slope,
erodes easi]
Erodes easil3
Slope,
large stone:
droughty.
Slope,
erodes easi:
Slope,
large stone:
droughty.
Slope,
rooting dept
(Favorable.
;Slope,
to rock,) erodes easi:
slowly. I rootinedepl
;Erodes easily ;Erodes easil•
; I
; ;
;Erodes easily, ISlope,
I slope. I erodes easi:
I
;Slope, ISlope,
I erodes easily.; erodes easi:
; ;
1
1
1
1
liIldefonso
RIFLE AREA, COLORADO
TABLE 13. --ENGINEERING INDEX PROPERTIES --Continued
139
Classification
Soil name and ;Depth; USDA texture I
map symbol
In 1
53*:
Parachute I 0-5 ;Loam
5-18lLoam
118-291Very channery
I loam, very
I channery sandy
1 loam.
29 lUnweathered
1 bedrock.
1
Rhone 0-8 1 Loam
8-281Sandy clay loam,
1 loam.
54, 55, 56
Potts
577, 58*, 59':
Potts
!60, 61
Rhone
62e.
Rock outcrop.
Torriorthents.
3' --
Silas
------------
alma
1 Unified
1 CL -ML
ICL,
I CL -ML,
I SM -SC,
1 SC
IGM-GC, GM
1
i
1CL, CL -ML
ICL,
I CL -ML
1 SM -SC,
, 1 SC
28-52IChannery sandy 1GM-GC
I clay loam, very)
1 channery sandy I
1 clay loam. 1
52 1Unweathered 1
1 bedrock. 1
1
1ML
loam ICL
IML
1
0-4 Loam IML
4-28 Clay loam ICL
28-60 Loam IML
0-8 Stony loam ISM, GM
8-60 Very stony loam,1SM, GM
very gravelly 1
sandy loam.
1
0-8 Loam ICL,
8-28 Sandy clay loam,1CL,
loam. 1 CL -ML,
1 SM -SC,
1 SC
28-52 Channery sandy 1GM-GC
clay loam, very)
channery sandy I
clay loam. 1
52 Unweathered 1
1 bedrock. I
1
1
� 1
1 ,
0-60ILoam IML
1 ,
1 ,
1 ,
0-9 (Silty clay loam ICL
9-241Clay loam, clay, CL
silty clay loaml
Very channery 1GM-GC,
loam, channery 1 CL -ML
clay loam, I
loam. 1
30 (Unweathered 1
1 bedrock.
0-4 (Loam
4-281Clay
28-601Loam
Frag-
ments
AASHTO > 3
inches
1 Pct
A-4
A-4, A-61 0
A-1, A-21 5-30
Percentage passing
sieve number --
1
4 1 10
1
0 90-100190-100
75-100175-95
25-40 120-30
1
1 ,
0 190-100180-95
0-5 185-100175-95
A-4, A-61
A-4, A-61
IA -2 1 0-10 145-60 140-55
1 i 1
1 i 1
1 1
1
1 1 1
1 i 1
40 1200
65-95 150-75
70-95 135-75
1
15-30
Liquid 1 Plas-
limit 1 ticity
index
Pct
20-30 5-10
20-35 1 5-15
10-20 15-25 NP -10
70-90 150-70
60-90 135-65
30-50 15-30
20-35 5-15
20-40 5-20
20-30 5-10
11-4 1 0 ,75-100175-100165-90 50-70 25-35 NP -5
11-6 1 0 175-100175-100170-100 55-80 25-35 10-15
IA -4 1 0 175-100175-100165-90 50-70 25-35 NP -5
11 1 1 1
, 1 1 1 1 ,
1
1 1 1 1
�1
1A-4 1 0 175-100175-100165-90 150-70 25-35 NP -5
11-6 1 0 175-100175-100170-100155-80 25-35 10-15
1A-4 1 0 175-100175-100165-90 150-70 25-35 NP -5
$ 1 1 I 1 1
1A-1, A-21 5-25 150-75 140-60 130-45 120-35 1 20-25 NP -5
1A-1, 1-2120-70 140-75 135-60 125-50 110-30 1 20-25 NP -5
1 1 1
1 1 1
11 1 1
0 190-100180-95 170-90 150-70 1 20-35 5-15
0-5 185-100175-95 160-90 135-65 1 20-40 5-20
1 1 1
1 1 1 1 1
1 1 1
0-10 145-60 140-55 130-50 115-30 1 20-30 5-10
CL-MLIA-4, A-6
A -4,6A-6
1
1A-2
1
1
1
1
1
1
1
1A-4
1
11-6, A-7
11-6, A-7
IA -2
124-30
e footnote at end of table.
0-10 90-100180-100175-95 155-80
1 1 1 1
0-5
0-5
0-10
90-100190-100
90-100190-100
40-100130-95
1
1
,
1
1
90-100185-95
80-95 175-90
25-80 120-70
20-25 NP -5
35-45 15-20
35-45 15-25
25-30 5-10
SOIL SURVEY
144
TABLE 14. --PHYSICAL AND CHEMICAL PROPERTIES OF SOILS --Continued
i , Erosion ,
Soil name and 1DepthlClay <2=1 Permeability ;Available) Soil ;Salinity' Shrink -swell ; factors 10rganic
' water ;reaction; , { potential ' ; , i matter'
map symbol , , , , ,
,capacity , , , , K , T
, Pct
.
i
i 3-6
In , Pct , In/hr , In in , pH ,mmhos/cm1
53*: ; 1 1 ; ; 1
Rhone I 0-8 ; 20-27 1 0.6-2.0 10.19-0.21,6.6-7.8 ; <2 ;Low.
18-28; 20-30 ; 0.6-2.0 10.15-0.1716.6-7.8 ;
128-521 20-30 ; 0.6-2.0 10.08-0.1016.6-7.8 ;
I 52 i --- 1 --- I --- I--- 1
1 ; ; '
1 0.6-2.0 10.16-0.1816.6-7.8 1
1 0.6-2.0 10.19-0.2116.6-8.4 I
{ 0.6-2.0 ;0.16-0.1817.9-9.0 1
I ' ' '
1 ' 1
,
54, 55, 56 ; 0-4 1 15-25
Potts ; 4-28 20-35
128-601 15-25
{ '
57*, 58*, 59*:
Potts 1 0-4 ' 15-25
1 4-28 20-35
128-601 15-25
1 ;
Ildefonso 1 0-8 ; 15-25
1 8-60 15-25
60, 61 1 0-8 ; 20-27
Rhone ' 8-28 20-30
128-521 20-30
; 52 ; ---
;
62*:
Rock outcrop. ,;
Torriorthents.
63 1 0-60; 15-27
Silas
1 1
64 1 0-9 1 27-35
Tanna 1 9-241 35-45
124-301 15-30
130 1 ---
65*.
Torrifluvents
66*: 1 1
Torriorthents. 1 i
Camborthids.
I
Rock outcrop.
67*:
Torriorthents. 1
I
Rock outcrop. 1
68, 69, 70 0-111 20-27
Vale 11-261 25-35
26-601 15-30
71*:
Villa Grove 0-4 '
4-151
15-601
I ;
Zoltay ; 0-19;
19-601
72 1 0-171
Wann 117-601
1 0.6-2.0
1 0.6-2.0
1 0.6-2.0
1 2.0-6.0
1 2.0-6.0
0.6-2.0
0.6-2.0
0.6-2.0
10.16-0.1816.6-7.8 ;
6.6-8.4 ;
7.9-9.0 1
1
7.4-8.4 1
7.9-8.4 1
6.6-7.8
6.6-7.8 1
6.6-7.8 I
1
10.19-0.21
10.16-0.18
0.08-0.10
0.06-0.08
;0.19-0.21
10.15-0.17
10.08-0.10
;
1
1
0.6-2.0 10.14-0.1616.6-7.8 ;
1 1 1
0.06-0.2 10.14-0.2016.6-7.8 ; <2
0.06-0.2 ;0.12-0.1817.4-9.0 I <4
0.06-0.2 10.07-0.1217.4-9.0 I <4
1
;
;
1
1
0.6-2.0 0.19-0.22 6.1-7.8 ;
0.6-2.0 0.17-0.22 6.6-8.4 I
0.6-2.0 0.13-0.20 7.4-9.0 ;
<2 ;Moderate
<2 1Low
<2 ;Low
<2 ;Moderate
<2 ;Low
<2 ;Low
<2 ;Moderate
<2 ;Low
<2 ;Low
<4 'Low
<2 ;Low
<2 ;Moderate
<2 ;Low
<2 ;Low
;Moderate
;Moderate
;Moderate
15-27 ' 0.2-0.6 10.16-0.18
20-35 ; 2.0-6.0 10.10-0.14
15-25 1 0.2-2.0 10.14-0.16
20-27 I 0.6-2.0 10.17-0.19 6.6-7.8 ;
35-45 ; 0.06-0.2 10.13-0.15 6.6-7.8 I
1 1
10-18 ; 2.0-6.0 10.16-0.1816.6-8.4 ;
10-18 1 2.0-6.0 10.15-0.1717.9-8.4 1
I 1
7.4-8.4 {
7.4-8.4 ;
7.9-8.4 1 <8
1
<2 ;Moderate
<2 ;Moderate
<2 ;Low
2-8 ;Moderate
<8 ;Low
<2
<2
<2
<2
I I
;0.24; 3
0.24;
10.151
1 1
i i
10.371i 5 1 1-2
10.431 ;
10.551 1
; { '
10.371 5 I 1-2
10.431 1
;0.551 i
1 1 1
;0.151 3 10.5-1
10.151
' ;
10.24; 3 ; 3-6
00.151.241 i
1
{ ; ;
1
;
; I I
{
10.24, 5 I 3-5
,
1 10.43' 1
10.37{0 1.24' 2 1 20-40
1
;
1 I 1
;
; ;
1 1
;
1
1 1
1 1
1 ;
' ' {
{ ' 1
'
10.32; 5 ; 2-4
0.43'
10.431
' 1
10..224101 5 i 2-4
;0
!Moderate 10.321
1
!Moderate 10.28; 5 ' 2-4
(High 11'0.24!
'
ILow ' 10.201 5 ; 3-6
'Low 10.201 1
* See description of the map unit for composition and behavior characteristics of the map unit.
11111 11111 1 M 1 N IIIIII 11111 M 111111 11111 M MI
TABLE 15. --SOIL AND WATER FEATURES --Continued
Soil name and
neap symbol
{Hydro -1
1 logic; Frequency
;group {
39
Jerry
40, 41
Kim
1
42
Lamphier
43
Limon
44 I B
Morval
45*:
Morval
Nihil;
48
Northwater
52
1
54, 55, 56
Potts
57*, 58*, 59*:
Potts
Ildefonso
G0, 61
Rhone
62*:
Rock outcrop.
Torriorthents.
Flooding
I High .water table
I ;
Duration ;Months 1 Depth ; Months
; { ;
I Ft ;
1 I ;
I I >6.0 ;
1 1
I I I
1 ; >6.0 I
I
I I
I --- 1 >6.0 I
I I I
,
I --- I >6.0 I
1
1� I
; I ;
--- ; >6.0
1 ; ;
I ; 1
I ;
I I >6.0 I
1 ; >6.0 1
I
1 >6.0 I
1 1 I
I I ;
; >6.0 I ---
1 ; I
; 1
,
I >6.0 ;
I ,
; ; I
1 1 >6.0 1
I ;
1 1 1
I 1 I
I >6.0 ; ---
I I 1
I I >6.0 ;
; i ;
I I >6.0 1
;
I { ;
I I
I I >6.0 I
I I I
I 1 >6.0 I
I 1 I
I 1 >6.0
;
C ;None
B ;None
B ;None
;
C ;None
Tridell
46, 47
49, 50, 51
Olney
Parachute
53*:
Parachute
Rhone
None
B ;None
B ;None
B {None ;
I ;
1
1 I
B ;None ;
1
I
I I
B {None
I I
I
;
B [None I
; I
I ;
1
1
B ;None
I
B ;None {
;
1
B ;None I
I1
, 1
;
I I
B ;None ;
;
B ;None I
I
B ;None I
; I
I
I I
I
;
1
1
I
1
See footnote at end of table.
I Bedrock 1{ Risk of corrosion
Potential { i
I Depth I Hardness I frost ;Uncoated {Concrete
1 ; 1 action I steel I
; In I
1 1 I
I 1 { ;
>60 ; ;Moderate ---{High ;Moderate.
I i
1
1 I
>60 1 ;Low (Nigh ;Low.
I ; i '
I ; I I
>60 I ;Moderate ---;High Low.
1 ; i
I
>60 ;Low High ;Moderate.
{ ;
>60 ;Moderate ---;Moderate ;Low.
I 1 I
i
;
I ; 1
{Moderate ---;Moderate ;Low.
1I ;
I
;Moderate ---;High ;Low.
I I I
;Moderate ---;High Low.
' I
I
;Moderate ---;Moderate ;Low.
1
1 ;
I 1 I
;Low ;Moderate ;Low.
I
I 1
I ; ;
(Moderate (Moderate ;Low.
'' 1
I
;
I i
(Moderate ;Moderate ;Low.
'1
;Moderate ;Moderate ;Low.
{ >60
{ I
>60
I
I >60
I I
;
1 40-60 {Hard
I
I I
I >60 i
I
1 1
{ 20-40 ;Rippable
I 1
{ 1
I I
1 20-40 IRippable
; I
I 40-60 IRippable
1 I
1 >60 ; ---
I;
I;
, I
'>60 [
'1
1
1 >60 I
I 1
,
40-60 IRippable
I ;
I I
1
1
I I
I
I I
I 1
I I
;Low
{
;Low
;Low
(Moderate;
(High
;Moderate.
High ;Moderate.
;
High ;Low.
Moderate ;Low.
OOVEJO100 `V2 V31dia
Mineral Reservations for Assessor's Parcel No. 2175 312 00 028
[Legal Description: That tract of land described as beginning at the Southwest Corner of Section 30, Township
6 South, Range 94 West, 6th Principal Meridian; thence running East 82 rods; thence South 28 4/7 rods; thence
East 28 rods; thence North 80 4/7 rods; thence West 40 rods; thence South 2 rods; thence West 70 rods; to the
Township line; thence South 50 rods more or less to the PLACE OF BEGINNING.
Also Lot 1 (1), being NWl/4NW1/4, and a tract 12 rods wide and 78 rods long off of the West side of
NE1/4NW1/4, all in Section 31, Township 6 South, Range 94 West of the 6th Principal Meridian.]
Undivided 2/25ths interest in and to the oil and gas royalty conveyed to Mary Potter Ovinlan and more
particularly described in deed recorded October 18, 1960 in Book 330 at Page 329.
Undivided 2/25ths interest in and to the oil and gas royalty conveyed -to Gordon J. Potter and more
particularly described in deed recorded October 18, 1960 in Book 330 at Page 331.
Undivided 2/25ths interest in and to the oil and gas royalty conveyed to Lois Potter Ovinlan and more
particularly described in deed recorded October 18, 1960 in Book 330 at Page 333.
'
a
I
;j3
THOMAS W. STUVER
DANIEL D. LEMOINE
BARBARA L. CLIFTON
STUVER, LEMOINE & CLIFTON, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
October 17, 2008
GRAND VALLEY PROTECTION DISTRICT
5197 County Road 309
Rifle, CO 81650
1777 Battlement Parkway
Battlement Mesa, CO 81635
HAND DELIVERED
RE: POTTER SUBDIVISION EXEMPTION REQUEST
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
Enclosed is a copy of a proposed Petition for Exemption, with accompanying sketch map and
vicinity map. The fire protection plan for the parcels will include:
Posting of Address: Address will be posted where the driveway intersects the County road. Numbers
will be a minimum of 4 inches in heights, 1/2 inches in width and contrast with background colors.
Access Roadways: Access roadways will be constructed to accommodate the weights of emergency
apparatus in adverse weather conditions.
Defensible Space: Combustible materials will be thinned from around structures to provide a
defensible space the event of a wildland fire.
Please provide your written statement concerning this fire protection plan and any other safety
concems you may have at your earliest convenience. Thank you for your anticipated cooperation.
Should you require any additional information, please do not hesitate to contact my office.
Very truly yours,
STUVE EMOINE & CLIFTON, P.C.
Barbara L. Clifton
Enclosures
Oct. 29 08 09:50a GVFPD 9702859748 p.2
o V AL�Fy
GRAND VALLEY FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY, PO BOX 295
,z3 PARACHUTE, CO 81635
PHONE: 285-9119, FAX (970) 285-9748
��►_- .moo
TE, C
October 29, 2008
Barbra Clifton
Stuver, LeMoine & Clifton, P.C.
120 West Third Street
PO Box 907
Rifle, CO 81650
Re: Potter Subdivision Exemption Request
Barbra Clifton,
After reading the letter from your office dated October 10, 2008 in reference to the Potter
Property exemption request, as long as the notes are followed to allow for Fire Apparatus access,
posting of address and defensible space the fire District would not foresee and problems with the
exemption. If in the future the property was to change the fire district holds the right to conduct a
further review to make sure the property is following a safe fire protection plan and no other
safety concerns have come up since this review. If you should have any further questions please
feel free to contact me.
Rob Ferguson
Deputy Fire Chief - Operations
Grand Valley Fire Protection District
Office: (970) 285-9119
Fax: (970) 285-9748
email: gvfpdops@sopris.net
Cc: Fire Chief Blair
File
27
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THOMAS W. STUVER
DANIEL D. LEMOINE
BARBARA L. CLIFTON
STUVER, LEMOINE & CLIFTON, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0. BOX 907
RIFLE, COLORADO 81650
June 4, 2009
Kathy Eastley, Senior Planner
Garfield County Building and Planning Department
108 8' Street, Suite 201
Glenwood Springs, CO 81601
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
RE: Potter Subdivision Exemption
Dear Kathy:
Enclosed with this letter are the final documents for the Potter Subdivision Exemption approved
on February 17, 2009. I have responded to the specific conditions of approval as noted below:
Condition 2 . The Applicant shall include certain text as plat notes on the final exemption plat.
Response: The identified plat notes are included on the final exemption plat.
Condition 3. The exemption plat shall designate a 30' right-of-way from the centerline of the
roadway along County Road 320 and 323.
Response: The rights-of-way are identified on the plat. A right-of-way deed from Sam Potter
to the County is also provided.
Condition 4. The exemption plat shall describe all necessary easement for the provision of
utilities.
Response: The spring and spring water line is described on the plat. Xcel runs along each new
parcel within the existing County Road right-of-way.
Condition 5. Applicant shall submit a weed inventory and weed management plan.
Response: We are working on the weed inventory and management plan and hope to have it
to you shortly.
Condition 6. Applicant shall provide a legal spring sharing agreement.
Response: A spring sharing agreement for the relevant surface water right is provided.
Condition 7. Applicant shall pay as $200 per new parcel fee -in -lieu of school land dedication.
Response: A check for $400 is enclosed herein.
Also enclosed are an original and two copies of the mylar subdivision exemption plat and a
check for recording fees in the amount of $38.00.
Thank you for your attention to this matter.
Sincerely,
STUVER, LEMOINE & CLIFTON, P.C.
lti
Barbara L. Clifton
Enclosures
RIGHT-OF-WAY DEED
Samuel Bert Potter, Jr. Grantor, owner in fee of the real property hereinafter described, for
good and valuable consideration, the receipt and sufficiency of which are hereby confessed and
acknowledged, hereby grants and conveys to the Board of County Commissioners of Garfield
County, Colorado, Grantee, without warranty of title, apublic road right-of-way over and across that
real property in the County of Garfield, State of Colorado, to wit:
see Exhibit A attached hereto and incorporated herein by reference
Subject to easements in place and in use and reserving any and all minerals and the right to use the
subsurface thereof, provided such use does not interfere with the use of the entire surface of public
roadway purposes.
In witness whereof, Grantor has executed this do nt the i - day o , 2009.
/i/t7
Samuel Bert P • tter, Jr.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this xL.'r day of
2009, by Samuel Bert Potter, Jr.
b.,- v,Witrtes ny hand and official seal.
if
?�%;. y CbrhiniSsion expires:
�` NQTAWr La�
-,,/,'_."-e-e(___a•
PUI3LIC cti Notary Public
' w
Ace - • Y- • public and county road right-of-way by resolution of the Board of County
Commissioners of Garfield County, Colorado adopted the day of , 2009.
ATTEST:
County Clerk
BOARD OF COUNTY COMMISSIONERS
By
Chairman
County Road R/W Descriptions
County Road #323
A tract of land, contained within Lot 9 (SW 1/4 of the SW 1/4) of
Section 30, Township 6 South, Range 94 West of the 6th P.M. in
Garfield County, Colorado, more particularly described as follows;
Beginning on the westerly, line of sant Section 30, being the SW
corner of Parcel #1 of the Potter Exemption. whence the SW corner
of said Section 30 bears S00'34'29"E 181.58 feet, thence
N00'34'29" W 643.42 feet along said westerly line to the NW corner
of said Parcel #1, also being the NW corner of that land described
in Book 402 at Page 175, document #243493 in Garfield County
Records; Thence, along said Northerly Boundary East 55.89 feet to
the easterly R/W line of County Road #323, being 30 feet easterly
of the centerline of said County Road, thence along said 30 foot
R/W line and parallel with the centerline the fallowing courses;
SO1'08'07"E 49.42 feet; thence along the arc of a curve to the
right, having a central angle of 12'06'03", a radius of 730 feet,
an arc length of 154.17 feet and a chord bearing S0506'0 W
153.89 feet; thence S11'09'08'4- A' 129.47 feet„ thence, oolong the
aro of a curve to the left, hazring a central angle of 11'04'02",
a radius of 470 feet, an arc length of 90.79 feet and a chord
bearing S05'37'06" W 90.64 feet; thence S00'05'05'1' 125.42
feet; thence S01'26'37'E 98.09 feet to the South line of Parcel
#1 of the Potter .Exemption; thence N89-51'17" W 5.11 feet to the
point of beginning, containing .36 acres, more or lass.
County - Road #320
A tract of land, contained within Lot 3 (SW1/4 of the SW 1/4) and
the SE 1/4 of the SW 1/4 of Section 30, Township 6 South, Range 94
Feat of the 6th P.M. in Garfield County, Colorado more particularly
described as follows;
Beginning on the north boundary of that land described in Book 402
at Page 175, document # 243493 in Garfield County records, also
being the north boundary of Parcel #1 in the Potter Exemption
whence the SW corner of said Section 30 bears West 55.89 feet and
S00'34'29*E 825.00 feet, thence along said northerly boundary
the following courses; East 1107.23 feet, North 33.00 feet and
East (95.34 feet to the Southeasterly boundary of Parcel #2 in the
Potter Exemption, thence along said southwesterly boundary
S37'29'39"W 37.44 feet to the southerly R/W line of County Road
#320, being 30 feet southerly of and parallel to the existing road
centerline; thence along said R/W line the following courses;
N89'56'23"W 78.56 feet, S86'35'41" W 185.98 feet,
S88'58'56" W 178.10 feet and N89'31'57" W 204.92 feet to the
boundary between Parcels 41 and #2 in the Potter Exemption, thence
N89'31 '57" W 151.23 feet, thence N89'59'30" W 481.19 feet to the
easterly R/W line of County #323; thence N01'08'07' W 7.86 feet
along said R/)1' to the point of beginning, containing 0.34 cores,
n'sor'e or less.
Legal Description Prepared by Jerry Bauer, PLS9009
DECLARATION OF SURFACE WATER RIGHT USE AND
MAINTENANCE
THIS DECLARATION is made this day of d Liv
2009, by Samuel Bert Potter, Jr. ("Declarant").
WHEREAS, Declarant is the owner in fee of those real properties described as
Parcels 1, 2, and 3 on the plat of the Potter Subdivision Exemption, Garfield County, Colorado.
Said Parcels 1, 2, and 3 are referred to hereinafter collectively as "the Parcels."
WHEREAS, Declarant is the owner of a surface water right located on Parcel 3,
Potter Subdivision Exemption (the "Surface Water Right") and decreed as Potter Springs No. 1 and
2 Pump and Pipeline, Case No. 4072, District Court, Water Division No. 5, Garfield County,
Colorado, for 0.13 cubic feet per second of time (58 gallons per minute) for, inter alia, domestic
use; and
WHEREAS, by this Declaration, it is the intent of Declarant to establish a regime
governing the joint use of the Surface. Water Right by the future owners of the Parcels (the
"Owners").
NOW THEREFORE, the Declarant sets forth the regime governing joint use of the
Surface Water Right by the future Owners of the Parcels as follows:
1. The Owner of Parcel 1 shall be deemed to own an undivided one-
tenth share, the Owner of Parcel 2 shall be deemed to own an undivided one-tenth share, and the
Owner of Parcel 3 shall be deemed to own and undivided eight/tenths share of the subject Surface
Water Right, pump, fittings at the Surface Water Right diversion point, meters (whether existing
now or to be installed at a later time), pumphouse, foot valves, and any pipes or pipelines and any
other structures which are jointly used.
2. No Owner is deemed to have any ownership right in and to any pipe,
pipeline or other structure used or required solely by the Owner of another of the Parcels which may
utilize any portion of the water flowing from this Surface Water Right and its structures. This
Declaration does not intend to relate to such individually owned or used rights or structures. Nothing
in this Declaration shall be construed to give any Owner any rights to such non -shared property of
the other Owner nor to obligate any Owner to pay any costs associated with non -shared structures.
3. The Owners shall cooperate with each other at all times in all matters
necessary to promote the proper construction, completion and functioning and use of the water
system in such manner as to provide to their respective uses an optimum water supply on demand
at all times possible based upon the natural availability of water. The Owners shall agree to not
waste water and to endeavor to use no more than their respective shares of the available water. At
this time it is agreed that no individual water meters must be installed. If at any time after the date
hereof, any Owner requires that meters be installed, then each of the Owners shall install meters at
their individual expense. Waste or over -use shall be deemed to be a violation of this Declaration for
RETURN Tat
$TUNER. LEMOINE & CLIFTON, P.C.
120 WEST THIRD STREET
P.O. BOX 907
jaE, COLORADO 61650
which the non -defaulting owner may seek remedy at law or equity for damages or for injunctive
relief, or both. Uses of the Surface Water Right by the Owners of Parcels 1 and 2 shall be limited
to domestic use. In the event the water physically available from the Surface Water Rightis less than
the legally available amount, then each Owner shall proportionately reduce the consumption of same
to the amount actually available. Any household use of the Surface Water Right water must provide
for return flow through an individual disposal system of the non -evaporative type, returning the
water to the watershed in which the Surface Water Right is located.
4. Declarant shall be responsible for the initial cost of constructing the
Surface Water Right system, pump house, and any jointly used pipe lines. Following the initial
construction, the actual and continuing costs of operation, maintenance, construction, extension,
upgrading, cleaning, repairing and all other work required on shared components ofthis water system
to cause the water at the Surface Water Right to become and remain available to deliver water to the
Owners shall be shared by the Owners in proportion to their share in the Surface Water Right. This
Declaration shall relate only to costs incurred after the date hereof. Electrical charges for the
operation of the Surface Water Right shall be shared in proportion to the water allocated to each
Owner. No operational costs will be charged to any Owner until such owner actually makes a
physical connection to the Surface Water Right and begins using water from same.
5. Subject to the provisions in paragraph 4 above, any Owner who has
been using water from this system and at any time elects not to share in costs, necessary repairs,
maintenance, replacement and the like necessary to maintain the Surface Water Right and deliver
the subject water, shall not receive water from the system. At such time as said electing Owner
chooses to resume use of water from the system said Owner may do so upon reimbursement to the
other user the full cost of said Owner's share of such expenditures with legal interest retroactive to
the expenditure date.
6. The Owners agree to cooperate in the future maintenance, operation,
repair, replacement or improvement of all common facilities. In the event the Owners are unable to
agree on any required maintenance, repair, replacement or improvement, any Owner shall be entitled
to undertake the minimal maintenance, repair, replacement or improvement necessary and essential
for proper functioning of the common facilities. In the event an Owner determines to undertake such
work unilaterally, such Owner shall notify the other owners in writing. The Owner undertaking the
work shall, upon completion, provide the other Owner with a written statement of work performed
and the other Owner's proportionate share of the cost of same. In the event an Owner fails to pay the
proportionate share of any amount due within thirty (30) days after presentment, the Owner which
has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity.
The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees
incurred.
7. Declarant hereby creates and reserves permanent, non-exclusive
easements across the portions of Parcel 3 and Parcell designated as "Waterline Easement" on the
final plat of the Potter Subdivision Exemption, as necessary and sufficient the benefit of the Owners
of Parcel 1 and Parcel 2, as a user of the Surface Water Right, pump and common pipeline and
2
treatment system and structures, and also creates and reserve a non-exclusive easement for non -
shared or individual pipelines conveying water to the respective Parcel over and across said
"Waterline Easement."
8. Each Owner shall agree to not interfere at any time with the proper use
by any other Owner of its interest in any water structure and shall indemnify and hold harmless all
other Owner and users from any loss or damage or injury caused by the acts of said indemnifying
owner.
9. The term hereof shall be perpetual.
10. This Declaration and the covenants contained herein are intended to
and shall run with the titles to those real properties described as Parcels 1, 2, and 3 within the plat
of the Potter Subdivision Exemption, Garfield County, Colorado, and shall be binding upon and
inure to the benefit of the Owners thereof, and their assignees or successors.
11. The laws of the State of Colorado shall govern the validity, effect and
construction of this Declaration.
12. This Declaration may not be modified in any manner except by an
instrument in writing signed by the Owners of each of the Parcels. '
IN WITNESS WHEREOF, this Declaration is executed this l/ day of
, 2009.
STATE OF COLORADO
COUNTY OF GARFIELD
Samuel Bert Po er, Jr.
) ss.
The foregoing instrument was acknowledged before me on this day of
, 2009, by Samuel Bert Potter, Jr.
Witness my hand and official seal.
•v" A �+e My commission expires 62
sm .44 66666
s.
a NOTARY
PUBLIC otary Public
Cid : �. ��� 3
gR�BR'1 s ONS as!*
JOLLEY-POTTER RANCHES
0598 ROAD 323, BOX 148 PH. 970-625-2882
RIFLE, CO 81650
PAY TO THE
ORDER OF
WELLS
FARGO
3907
23-7/1020 1152
7A48245301
SATE
CDOLLARS 87 51i:=^
Wells Fargo Bank, N.A.
Colorado
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110/BLC/Potter Subdivision Exemption/ Record ROW Deed, Declaration and
Plat Map
FOR:
PAY
TO THE
ORDER
OF
DETACH THIS STUB BEFORE CASHING
STUVER, LEMOINE & CLIFTON, P.C.
ATTORNEYS AT LAW
PO BOX 907
120 WEST THIRD STREET
TELEPHONE (970) 625-1887
RIFLE, COLORADO 81650-2297
Thirty Eight and No/100
23-7
1020
Garfield County Clerk & Recorder
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WELLS FARGO BANK WEST, N.A. RIFLE, COLORADO
11"0 3 3 3n' !: 0 20000 7 6!:
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NET CHECK
N2 033413
DATE 6-3-09
DOLLARS $ 38.00
STUVE' -MOINE & CLIFTON, P C.
RNEYS AT LAW
708092560 Lig'
NOXIOUS WEED MANAGEMENT PLAN
The individual Owners of Parcels 1, 2, and 3 shall implement and follow a program of noxious weed
management aimed at the control and elimination of plant species included on the attached Garfield
County Noxious Weed List. Each Owner shall implement a weed management program within the
area of his Parcel. In the event an Owner fails to effectively control noxious weeds on his Lot, the
other owners and/or the County shall have the right to enter upon the Parcel and conduct a weed
control program.
The weed management plan will consist of the following components.
1. Prevention and Control. The quick revegetation of disturbed areas with weed- free
grass seed and the maintenance of native or introduced vegetation in a healthy,
vigorous condition producing optimum vegetative densities will leave noxious seeds
little opportunity to establish.
2. Inventory. Each Parcel will be inspected at least annually to identify any
infestations of noxious weeds. An accurate record will be kept of the application and
success of weed eradication efforts.
3. Eradication. Elimination of noxious weeds will be achieved through the use of all
of the following methods, as necessary:
A. Mechanical controls to physically remove the entire weed plant or eliminate
the plant's ability to produce seed.
B. Biological controls relying on organisms (insect or plant pathogens) to
interfere with weed growth.
C. Chemical controls using herbicides to eliminate weeds.
A current weed inventory is attached. At present, noxious weeds identified on the property include
S et fur lu . The Noxious Weed Management Plan for the property will
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be used to contain the spread of c; ) � k,E l� �... and eliminate the ✓ ,, s ; ;-�/ � . Mechanical controls
currently used for weed eradication include frequent mowing and use of herbivores such as cattle and
goats. Chemical controls are also used. The property is enrolled in the Garfield County Weed Cost
Share program O.
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Page 1 of 1
Kathy A. Eastley
From: Steve Anthony
Sent: Tuesday, June 09, 2009 2:18 PM
To: sam potter; Barb Clifton; Kathy A. Eastley
Cc: Sam Potter -Ranch; Barb J Lenard; Tem Potter
Subject: RE: Potter Subdivsion Exemption
The weed management plan and inventory are acceptable, we ask that you treat the weeds this growing season and
forward the treatment records to this office at the address below by October 15, 2009.
Garfield County Vegetation Management
POB 426
Rifle CO 81650
From: sam potter [mailto:samisbmo2@hughes.net]
Sent: Tuesday, June 09, 2009 2:10 PM
To: Barb Clifton; Kathy A. Eastley
Cc: Sam Potter -Ranch; Barb J Lenard; Tem Potter; Steve Anthony
Subject: Re: Potter Subdivsion Exemption
Steve and etal,
Please see attached. 1 hope this satisfies the county's requirements. If it doesn't, let me know asap.
Thanks for you time yesterday.
Best regards,
Sam & Terri Potter
-- Original Message ---
From: Barb Clifton
To: 'Kathy A. Eastley'
Cc: 'sam potter'
Sent: Tuesday, June 09, 2009 1:06 PM
Subject: Potter Subdivsion Exemption
Hi Kathy,
Steve Anthony did the Potter site review and weed inventory on Monday. I will have the final weed map and plan to you
tomorrow. It is my understanding that they were approved by Steve on Monday. Do you need the weed plan as a
declaration to record or just as a document for the file? Thanks.
Barbara L. Clifton
Stuver, LeMoine & Clifton, P.C.
P.O. Box 907
Rifle, Colorado 81650
(970) 625-1887
THIS MESSAGE (AND ANY ATTACHMENT) IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR
ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this
message is not the intended recipient, you are hereby notified that any dissemination,
distribution, forwarding, copying of or taking action in reliance of the contents of
this communication is strictly prohibited. If you receive this communication in error,
please notify the sender immediately by e-mail or telephone, and delete the original
message immediately. Thank You.
6/9/2009
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STUVER, LEMOINE & CLIFTON, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0. BOX 907
RIFLE, COLORADO 81650
THOMAS W. STUVER
DANIEL D. LEMOINE
BARBARA L. CLIFTON
December 11, 2008
Kathy Eastley
Senior Planner
Building and Planning Department
Garfield County
108 Eighth Street
Glenwood Springs, CO 81650
Re: Potter Subdivision Exemption Application
Dear Kathy:
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
Enclosed with this letter is the revised application for the Potter Subdivision Exemption. As to item
No.1, Sam Potter (the applicant) is the owner of the underlying minerals. Language has been added
to Exhibit 4 to clearly identify him as the mineral owner. As to item No. 2, the assessor map and the
names of adjacent owners has been added to Exhibit 4. As to item No. 3, the plat has been revised
to include a description of the remainder parcel. As to item No. 4, parcel number 2173-254-00-004
is not contained within the deed submitted for exemption. It was acquired separately from the parcel
which is the subject of this application. As to item No. 5, a narrative and a graphic representation
of the chain of title are included in section 6 and Exhibit 3 of the application. As to item No. 6, our
search of the title records for the subject property did not show any dedication of the county roads.
Sam Potter is willing to dedicate the right-of-way for the county roads contained within exemption
plat.
I hope this revised application answers the questions raised in your November 13, 2008 letter. Please
let me know if you have any additional questions.
Sincerely,
Stuver, LeMoine & Clifton, P.C.
Barbara L. Clifton
cc: Sam Potter