HomeMy WebLinkAbout1.31 ImpactAnalysis- ReclamationPlan
Eagle Office | 1143 Capitol Street, Suite 205 | PO Box 426 | Eagle, CO 81631
Golden Office | 14143 Denver West Parkway, Suite 170 | Golden, CO 80401
P: 866-934-8140 | F: 877-934-8141
Memorandum
To: Garfield County and Reviewers
CC:
From: William S. Otero, P.E., 8140 Partners, LLC
Date: 1/15/2011
Re: Clarification concerning Reclamation Plans and Actions
The reclamation actions or conditions detailed in the Reclamation Plan and on the Series RP01and ES02
drawings in the River Edge Colorado PUD and Subdivision Drawing Package represent a proposed pre-
development reclamation action (Phase 0), including grading, necessary to repair the damage to the Project
Site resulting from actions taken by Bair Chase in association with th e Sanders Ranch PUD. Development-
related reclamation is detailed in the Landscaping Plan. Post-development reclamation is addressed in the
River Edge Colorado PUD Guide. Like the Reclamation Plan (Phase 0), the development and post-development
reclamation proposals also meet the reclamation provisions of the ULUR.
RECLAMATION PLAN
RIVER EDGE COLORADO
GARFIELD COUNTY, COL ORADO
O W N E R / A P P L I C A N T :
C A R B O N D A L E I N V E S T M E N T S , L L C
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C A R B O N D A L E C O 8 1 6 2 3
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C O N S U L T A N T :
8 1 4 0 P A R T N E R S , L L C
P O B O X 0 4 2 6
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Reclamation Plan
River Edge Colorado, Garfield County, Colorado
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RECLAMATION PLAN
RIVER EDGE COLORADO
GARFIELD COUNTY, COL ORADO
TABLE OF CONTENTS
I. INTRODUCTION ........................................................................... 4
A. BASIS .................................................................................................... 4
B. PURPOSE AND SCOPE OF PLAN .............................................................. 4
C. FINDINGS .............................................................................................. 4
II. PROJECT LOCATION AND DESCRIPTION .......................................... 5
A. PROJECT LOCATI ON ............................................................................... 5
B. PROJECT DESCRIPTION .......................................................................... 5
III. PHASE 0 RECLAMATION DESCRIPTION ............................................ 6
IV. PLAN BASIS ................................................................................. 8
A. EXISTING CONDITIONS AND SPECIAL CONS IDERATIONS .......................... 8
1. RIVERS, CREEKS AND FLOODING ............................................................... 8
2. PONDS AND WETLANDS ............................................................................ 9
3. GROUNDWATER......................................................................................... 9
4. TOPOGRAPHY ............................................................................................ 9
5. WILDLIFE .................................................................................................. 10
6. SOILS ........................................................................................................ 10
7. GEOTECHNICAL CONDITIONS .................................................................. 12
V. RECLAMATION DESIGN ............................................................... 13
1. RFTA TRAIL RELOCATION ......................................................................... 14
2. RELOCATION OF GLENWOOD DITCH ....................................................... 15
3. SITE GRADING AND RESTORATION .......................................................... 16
4. DRAINAGE FEATURES............................................................................... 18
5. VEGETATE SITE ......................................................................................... 19
VI. COST ESTIMATE AND ME THOD OF FINANCING .............................. 21
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
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APPENDICES
APPENDIX A1: VICINITY MAP AND PROJECT SITE DRAWINGS
APPENDIX B1: REVEGETATION PLAN
APPENDIX C1: PHASE 0 RECLAMATION AGREEMENT
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River Edge Colorado, Garfield County, Colorado
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I. INTRODUCTION
A. BASIS
This Reclamation Plan ("Plan") has been prepared in support of an application for PUD
Plan Review ("Rezoning") and Subdivision Review ("Preliminary Plan") for the proposed
River Edge Colorado ("Project", "REC", or "REC PUD") in accordance with the
requirements of the Garfield County Unified Land Use Resolution of 2008 ("ULUR"), as
amended. This Plan proposes and details a pre-development reclamation action ("Phase
0"), including grading, necessary to repair the damage to the Project Site resulting from
actions taken by Bair Chase in association with the Sanders Ranch PUD which partially
regraded the Project Site (as hereinafter defined) for residential and golf course
development and stripped and stockpiled the topsoil. This Plan supports the proposed
rezoning and subdivision plans at a preliminary design level. Together with the
reclamation provisions of the Landscape Plan and PUD Guide, this Plan fulfills the
requirements of Section 4-502.E.11 and addresses the standards and criteria contained
in Sections 7-203, 7-204, 7-205,7-206, 7-207, 7-212.B, 7-303, and 7-701 of the ULUR.
This Plan is supported by other referenced documents submitted as part of the REC
rezoning and preliminary plan applications including the River Edge Colorado PUD and
Subdivision Drawing Package ("Drawing Package").
B. PURPOSE AND SCOPE OF PLAN
The primary purpose of this Plan is to provide preliminary design information in support
of the reclamation actions depicted on the engineering plans (i.e. Reclamation Plan,
RP01 Series in the Drawing Package). This Plan, in combination with the reclamation
provisions of the Landscape Plan and PUD Guide, RP01 Series in the Drawing Package,
and Erosion and Sediment Control Plan drawings (Series ES02 in the Drawing Package)
documents the feasibility of meeting the reclamation provisions of the ULUR. The
completed Phase 0 reclamation will serve as the design basis for final design to be
completed in association with each Final Plat. All preliminary plans included in the
Drawing Package, however, utilize existing conditions as the current design basis. A final
Phase 0 reclamation design package meeting the requirements of the ULUR and Garfield
County Building Code, including the Phase 0 Agreement and required security (Appendix
C1), will be submitted to the Garfield County Building and Planning Department for
Grading Permit and any other required building permits prior to undertaking Phase 0
pre-development reclamation of the Project Site.
C. FINDINGS
Based on the preliminary information provided with and in support of this Plan, William
S. Otero P.E. (Colorado Registration #32163) has determined through his direct
involvement in the preparation of the document and the associated plans that the
reclamation plan has been designed, and may be final designed and implemented in a
manner that meets or exceeds the general requirements presented in Sections 7-203, 7-
204, 7-205,7-206, 7-207, 7-212.B, 7-303, and 7-701 of the ULUR.
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II. PROJECT LOCATION AND DESCRIPTION
A. PROJECT LOCATION
The Project is located along State Highway 82 ("SH 82") between the City of Glenwood
Springs and Town of Carbondale near the junction of County Road 110/113 ("CR 113")
and SH 82. The property is located almost entirely west of the Roaring Fork Transit
Authority ("RFTA") right-of-way and east the Roaring Fork River and the Roaring Fork
Conservancy ("RFC") Conservation Easement (i.e., Grant of Conservation Easement
dated February 3, 2000, recorded at Reception Number 559036 and survey map,
recorded December 24th, 2008, recorded at Reception Number 760571 in the real
property records of Garfield County, Colorado). The Project straddles Cattle Creek which
is also located within the RFC Conservation Easement. A vicinity map is provided as
Exhibit 1 in Appendix A1. The Project covers approximately 160 acres ("Project Site") as
shown and described on the Project Site drawing [Exhibit 2(a-d), Appendix A1].
B. PROJECT DESCRIPTION
The Project is a proposal to create a walkable clustered-form of residential development
with neighborhood amenities including naturalized open space and enhanced wildlife
habitat, community recreation, parks, and neighborhood agriculture that is designed to
serve the residents and preserve and provide reference to the rural character and
agricultural roots of the Roaring Fork Valley. The Project aims to have a strong historic
identity back to the days of ‘old Colorado’ when compact neighborhoods formed with a
strong sense of community based on the land and surrounding landscape. The REC
landscape aesthetic will be simple, informal, and place emphasis in the use of plant and
landscape materials local, adaptable and appropriate to the climate and environment of
the area. The Project will include approximately 366 residential units of various sizes
and types including 55 affordable homes and one exclusive executive lot for a custom
home. Housing types will range from attached homes to small single family attached
and detached garden homes, village homes, and larger estate homes. Smaller garden
homes are anticipated to be designed for younger residents that are looking for their
first home in the County, while village homes and estate homes will provide move up
opportunities for growing families. Densities in the Project are proposed at less than 2½
units per acre. Lot sizes will vary from over 1 acre to approximately 5,000 square feet for
single family homes, and 1,700-5000 square feet of lot area for each garden home. Most
of the units back to either proposed active parks or reclaimed open space to help
enhance the connection to the land. The REC layout and design is depicted in the PUD
Plan, PUD01-03 Series and the Preliminary Plan PRPN01-03 Series of the Drawing
Package.
The architectural theme will be complementary to the traditional architecture of the
valley. Generally, exterior materials will include wood, stone, brick, stucco and cement
board siding. Varied roof heights and articulation of the front elevations will be used to
break up the massing and provide street-level appeal. Front porches and covered stoops
are included on homes to emphasize the entry and connection to the sidewalk and
street. Roofing will include dimensional shingles, metal, or other materials appropriate
to the building style and that roofs will generally be pitched. Gables, wall plane and
roofline articulation, bays, balconies, porches, canopies and arcades will be used in the
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design of various buildings. The selection of materials will minimize the exterior
maintenance of the homes to help maintain a quality appearance for the long term.
The street pattern and pedestrian network are designed to facilitate community
interaction. Streets have detached sidewalks with designated cross walks at major
intersections and landscaped areas that create a comfortable environment for walking.
On‐street parking in most areas will further buffer vehicular and pedestrian uses.
Internal circulation is maximized and dead‐end streets are limited. Alleys are used
where appropriate to enhance the streetscape and achieve a mix of housing styles. A
soft trail system is used to connect open spaces and other commo n elements with the
sidewalk network. The homes are placed close to the streets to help define the
streetscape space and provide visual interest to pedestrians. Street trees and plantings
are proposed to enhance the aesthetics of the street.
The community is served with a variety of recreational facilities and a neighborhood
center that could include meeting room(s), fitness room, offices, kitchen, restrooms,
recreational facilities, and limited community service use such as a day care facility,
deli/coffee shop, or health club. Parks will provide informal recreational opportunities
within the community and will likely include tot lots, playfields, and trail system. The
west portion of the property is generally set aside as the naturalized area that buffers
the RFC Conservation Easement along the Roaring Fork River. The soft trails around the
property allow residents to enjoy the river and wetland areas without disrupting the
environment in conformance with the terms of the RFC Conservation Easement. More
than the minimum open space requirements will be met by the project. Nearly 50% of
the Project Site is in some form of open space, common area or park. Finally,
opportunities for productive and edible landscapes, including community gardens and
neighborhood orchards are integrated and dispersed in between the residential land
uses as gathering and focal places for residents connecting REC to its agricultural
heritage.
The combination of trails, recreation areas, and open space system with the ability to
engage in ‘interactive community agriculture’ on a small scale will make REC a very
desirable place to live, filling a unique niche not yet met in Garfield County. This unique
combination will help establish a sense of place, foster community, and engage
residents with their immediate environment. It is intended this overall outdoor focus
will set the tone and become a major driver of the identity of REC.
III. PHASE 0 RECLA MATION DESCRIPTION
The Phase 0 pre-development reclamation actions proposed by this Plan is a set of
restorative measures design to repair damage to all areas of the Project Site caused
when Bair Chase under the Sanders Ranch PUD undertook site development work which
included relocation of the Glenwood Ditch, removal of vegetation, topsoil removal and
stockpiling, and extensive regrading. Phase 0 is proposed with the understanding that
future development of the Project Site is also proposed. As a result, the Plan includes a
grading program and actions proposed and designed to help ensure that
environmentally important areas of the Project Site can be reclaimed and restored to a
final condition prior to any development and that future encroachments by construction
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activities into sensitive area associated with the Project can be avoided. As a result, the
Phase 0 actions should help to ensure that reclamation is protective. This Plan includes
the following restorative, grading and pre-development related actions:
Rio Grande Trail: The relocation of the Rio Grande Trail at the access
point to the Project Site in coordination with the RFTA and in
accordance with current licenses and agreements. The trail will be
grade-separated at the entry point to the Project Site to reduce or
eliminate potential vehicular conflicts with the pedestrians and
bicyclists both during reclamation and subsequently to reclamation. This
will also allow the open space area adjacent to the Rio Grande Trail to
be landscaped in accordance with the applicable easement [Grant of
Easement Open Space Easement, recorded on August 2, 1999 at
Reception Number 549754 in the real property records of Garfield
County, Colorado ("RFTA Open Space Easement")] to provide a
permanent buffer for pedestrians and bicyclists during any subsequent
construction activities and allow this area to remain undisturbed during
subsequent actions.
Glenwood Ditch: The Glenwood Ditch was previously relocated.
Construction-related issues have resulted in continued leakage from the
ditch which could result in piping and land degradation going forward.
In addition, the relocation of the ditch is necessary to facilitate property
development. The relocation of the Glenwood Ditch to a location which
does not conflict with future development plans and provides for access
to raw water for continued agricultural use and revegetation actions,
the development of a raw water delivery system in association with the
Project, and uninterrupted supply to other properties holding rights to
water delivered by the Glenwood Ditch. Relocating the Glenwood Ditch
as part of reclamation will allow the areas affected within open spaces
and other proposed community spaces to be fully reclaimed and
undisturbed by future actions.
Site Grading: Regrading of the site to facilitate proper drainage, resolve
existing and potential geotechnical hazards created by the previously
described Bair Chase action, prepare the proposed developable areas of
the Project Site for interim agricultural reuse and future residential use,
restore appropriate grade-breaks between the RFC Conservation
Easement and the proposed development area, replace topsoil across
the Project Site, repair and stabilize eroding steep terrace escarpments
adjacent to the RFC Conservation Easement, and repairing areas of
active stream bank erosion. Activities immediately adjacent to or within
the RFC Conservation Easement will be conducted only in coordination
with the RFC.
Drainage Facilities: The construction of appropriate and necessary major
drainage facilities and water quality detention ponds to provide for
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proper and safe drainage of the Project Site and reduce the risk of
piping under either interim agricultural or future residential uses.
Revegetation and Environmental Screening: Final revegetation of with
appropriate native vegetation of areas intended for continued use as
naturalized open space areas, the planting of vegetative screens as
required by the RFC Conservation Easement and RFTA Open Space
Easement, and the revegetation of interim agricultural or future
residential use areas with appropriate forbs and horticultural stock to
protect soils from erosion.
As described above, the Phase 0 pre-development reclamation actions proposed by this
Plan establishes site conditions that represent a series of final and interim measures
with the intent of meeting the needs not only of the land with respect to restoration but
the Project. The restorative actions taken under this Plan although termed "temporary"
across a portion of the Project Site in anticipation of the Project could reasonably be
expected to perform as final restorative actions over the entire site and will support
interim or permanent agricultural use. However, without the potential of development
represented by the approval of the REC PUD, reclamation of the Project Site is not
financially feasible.
IV. PLAN BASIS
A. EXISTING CONDITIONS AND SPECIAL CONSIDERATIO NS
The existing Project Site features/conditions and features/conditions immediately
adjacent to the Project Site are shown on the Existing Conditions and Land Suitability
Maps, Series EC01 of the Drawing Package.
1. RIVERS, CREEKS AND FLOODING
The Roaring Fork River flows from the south to north just west of the Project
Site through the adjacent RFC Conservation Easement. The Roaring Fork River is
a large perennial river with a very large drainage basin to the south. The 160
acre Project Site is located mostly on nearly level river terraces that stand
between about 50 to 80 feet above the Roaring Fork River.
Cattle Creek crosses through the Project Site from east to west and roughly
divides the property in half. Cattle Creek is a moderate sized perennial stream
with a large drainage basin to the east. Cattle Creek joins the Roaring Fork River
about mid-way along the western edge of the Project Site.
The floodplains associated with both the Roaring Fork River and Cattle Creek
generally do not extend onto the Project Site except along small portions of
Cattle Creek. These areas are all identified as being included in non-
development areas of REC.
The Glenwood Ditch currently diverts water from the Roaring Fork River, south
of the Aspen Glen development, to be used for land irrigation. The ditch is piped
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and enters the Project Site along the southeastern edge of the Project Site
paralleling the RFTA Right-of-Way until it reaches Cattle Creek. From that point,
it traverses the Project Site in a northwesterly direction and exits the Project
Site prior to discharging back to the Roaring Fork River (See Existing Ditch
alignment on Existing Conditions and Land Suitability Maps, Series EC01 of the
Drawing Package). The current design capacity of the ditch is approximately 50
cfs, of which the REC owns rights to 12 cfs for land irrigation.
2. PONDS AND WETLANDS
The wetlands do not generally extend off the RFC Conservation Easement onto
the Project Site except in very small pockets at the southern end of the site and
along portions of Cattle Creek. Wetlands are present along the entire length of
the Roaring Fork River and Cattle Creek. No wetland disturbance is anticipated
as part of these reclamation activities unless stream bank stabilization activities
are undertaken outside the Project Site in coordination with the RFC and U.S.
Army Corp of Engineers ("ACOE").
Ponds were excavated on the Project Site as golf features as part of the
proposed Sanders Ranch PUD in 2005 but were never completed, and do not
contain water since they were never finished and lined. Special considerations
must be taken in placing soils to restore those areas and facilitate planned
development as described in the Hazard Mitigation Plan.
3. GROUNDWATER
Groundwater is generally tied to the Roaring Fork River in the area. Hepworth-
Pawlek Geotechnical ("HP Geotech") measured groundwater at depths of about
39 to 77 feet in various borings onsite (See Geotechnical Engineering Study,
Appendix J of the Impact Analysis for additional information). Shallow
groundwater can be expected closer to the Roaring Fork River and Cattle Creek
in the lower alluvial terraces on the Project Site. HP Geotech also notes that
shallow perched groundwater can occur in association with the substrates that
occur on the Project Site during heavy rains where clay lenses exist, although
none are currently documented.
4. TOPOGRAPHY
The topography in the area is shown by the contour lines on the Existing
Conditions and Land Suitability Maps, Series EC01 of the Drawing Package.
These contours represent the existing contours that resulted from the grading
activities conducted by Bair Chase in 2005 in association with the Sanders Ranch
PUD. The proposed contours are shown on the Reclaimed Condition and Phased
Condition, Series ES02 and ES04 of the Drawing Package. The proposed contours
will be put in place as part of Phase 0 pre-development reclamation of the
Project Site. Final contours within the development area will be put in place in
association with the Project.
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The proposed 160 acre development area is located mostly on nearly level river
terraces that stand between about 50 to 80 feet above the Roaring Fork River.
The terraces have an average down-valley slope of less than one percent. Steep
escarpments separate the original terrace levels, although some have been
removed in association with previous grading activities. These escarpments
typically have slopes of up to 60 percent. The current topography is significantly
modified due to past grading activities and agricultural activities for nearly 80
years before the most recent development activities. Special considerations
must be taken in performing construction activities near steep escarpment
areas as described in the Hazard Mitigation Plan.
5. WILDLIFE
Rocky Mountain Ecological Services assessed wildlife and vegetation in the
Wildlife & Vegetation Assessment Report, dated December 11, 2010 and
included in Appendix K of the Impact Analysis. The Report identifies a series of
species of specific concern on or adjacent to the Project Site. The following
information is drawn from the Report.
With respect to these reclamation activities, two species require specific
attention. The first species is the Great Blue Heron. Active heron rookeries have
been identified adjacent to the Project Site within the RFC Conservation
Easement. The active rookeries are important to the species and human activity
around the nesting sites can cause herons to temporarily abandon their
breeding attempts, allow predation of eggs, or permanently abandon a colony.
The REC includes a proposed activity buffer area around active heron rookeries
as shown on the PUD Plan, Series PUD01-03 of the Drawings Package and
provided for in the PUD Guide. This buffer restricts outdoor construction
activities from March 1 through August 1 of every year within 200 meters a
heron nesting site.
The second species is the Ute Ladies’-tresses orchid (Spiranthes diluvialis). The
Ute Ladies’-tresses orchid is a native orchid that was listed by the US Fish and
Wildlife Service as a Threatened species in January of 1992. At that time, the
species population was estimated at 6,000 individuals in 10 extant and 7
historical (and thought extirpated) sites in the states of Nevada, Colorado, and
Utah and thought to be extremely vulnerable. In addition, the habitat of this
plant was thought to be seriously threatened from development, noxious
weeds, and some grazing practices. The Project Site does not contain orchids or
suitable habitat for orchids. The Ute ladies’-tresses orchid was located along
both the east and west banks of the Roaring Fork River during wetland
delineations occurring in August 2010 and was not located in areas which may
be subject to bank stabilization measures.
6. SOILS
The soils have been preliminarily evaluated by HP Geotech. The Geotechnical
Engineering Study is provided as Appendix J of the Impact Analysis prepared by
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8140 Partners, LLC. The following discussion concerning the soil conditions is
summarized from the Geotechnical Engineering Study.
The main landforms at the Project Site related to the Project Site's surficial
materials include (1) post-glacial alluvial terraces along the Roaring Fork River
and Cattle Creek, (2) Pinedale glacial outwash terraces along the Roaring Fork
River and related alluvial terraces along Cattle Creek, and (3) coalescing alluvial
fans. A small part of the Project Site is located on the post-glacial alluvial
terraces and the remaining development area, except the Executive Lot at the
south end of the Project Site sits on the Pinedale glacial outwash terraces. The
Executive Lot and surrounding open space sit on an alluvial fan.
The topsoil was stripped from most of the Project Site and stockpiled in 2005 by
Bair Chase in association with the Sanders Ranch PUD approved by Garfield
County. The areas stripped of topsoil and stockpile sites are shown on the
Existing Conditions and Land Suitability Maps, Series EC01 of the Drawing
Package. The previous grading consists of both cut and fill areas. The fill areas
are mostly composed of coarse-grained terrace alluvium. The terrace topsoil
and upper fine-grained deposits were separated during grading and were placed
in the soil stockpiles.
The post-glacial terraces are located as two terraces. The lower terrace stands
about 5 feet above the river and the higher terrace stands about 13 feet above
the river. The alluvium is described as a clast-supported deposit of silty sand
with occasional bouldery, pebble and cobble gravel interbedded and often
overlain by sandy silt and silty sand. Shallow groundwater is expected to be
present in these areas. The proposed development will be located on the higher
Pinedale terraces. However, Roaring Fork River utility and Cattle Creek bridge
and utility crossings will encounter these post-glacial terrace deposits.
The Pinedale outwash terraces along the Roaring Fork River and the associated
Cattle Creek terraces occur in several levels that formed at different periods.
Grading in 2005 removed all of the mid level terraces. Essentially all of the
proposed development within the REC PUD will be on the graded area
(originally the fifth and sixth terraces) and on the third, fourth and seventh
terrace levels. The alluvium under the Pinedale terraces associated with the
Roaring Fork River and Cattle Creek are a clast-supported deposit of rounded
gravel, cobbles and boulders in a silty sand matrix. Pedogenetic soil profiles are
well developed in the Pinedale terraces. This indicates these surfaces have been
stable with respect to erosion and deposition for over about 5,000 years.
Soils are excessively cobbly and will be required to be sorted or screened when
backfilling trenches. Imported bedding material may be required. Trenching is
likely to be difficult and trench walls will require support or be laid back at 2 or
3:1 slopes to prevent failure during construction.
With respect to disturbed soils, HP Geotech noted that while resistance is high
in areas where fill has been placed, they are uncertain if the fills in all areas are
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suitable for building foundations and may be subject to differential settlement.
As a result, additional geotechnical analysis will be done prior to development
as part of this reclamation. Specifically, disturbed soils and existing fill will be
further tested during this Phase 0 pre-development reclamation to determine if
they should be removed, replaced and compacted where existing conditions
would not support the development features planned for that area. Mitigation
approaches are specifically described in the Hazard Mitigation Plan.
With respect to native soils, HP Geotech noted that while bearing conditions will
vary depending on the specific location, in general, the upper natural soils
should typically be suitable for structure support although the Project Site may
be subject to some differential settlement. Specific mitigation measures are
discussed below and in the Hazard Mitigation Plan.
Of additional importance to the reclamation effort is the condition of stockpiled
soils. Due to being stockpiled since 2005, the soil microbial populations, nutrient
levels, and mycorrhizal fungi populations in soil stockpiles will be highly altered.
With respect to disturbed soils and revegetation, Rocky Mountain Ecological
Services in Appendix B1 have noted that they recommend that soil samples be
sent to Colorado State University for nutrient analyses prior to the revegetation
activities and appropriate treatments be undertaken as part of Phase 0 pre-
development reclamation to enhance potential success of revegetation efforts.
The most cost effective means of influencing mycorrhizal populations on large
projects is to provide suitable soil conditions such as using soils with higher soil
organic matter and avoiding heavy fertilization. The stockpiled topsoils on the
property may or may not have adequate levels of organic matter and may also
require enrichment.
7. GEOTECHNICAL CONDITIONS
The geotechnical conditions and geologic hazards have been evaluated by HP
Geotech. The Geotechnical Engineering Study is provided as Appendix J of the
Impact Analysis prepared by 8140 Partners, LLC. Five primary hazards affecting
the Project Site were identified in the Geotechnical Report. These hazards
include evaporite sinkholes, steep terrace escarpments, active stream bank
erosion, debris flows and floods, and earthquakes. The following discussion
concerning the geotechnical conditions and geologic hazards is summarized
from the Geotechnical Engineering Study.
The location of identified evaporite sinkholes, steep terrace escarpments, and
debris flows and floods are shown on the Existing Conditions and Land
Suitability Maps, Series EC01 of the Drawing Package.
a) Evaporite Sinkholes
The entire Project Site is subject to potential sinkhole development as it is
underlain by the Eagle Valley Evaporite. The evaporite between Carbondale
and about 3 miles south of Glenwood Springs is part of the Roaring Fork
diapir which forms the core of the north-trending Cattle Creek anticline. The
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west limb of the anticline in this part of the Roaring Fork River valley
coincides with the Grand Hogback monocline that marks the western limit
of the Carbondale evaporite collapse center. HP notes that it is uncertain if
the regional subsidence and evaporite deformation along the Roaring Fork
diapir are still an active geomorphic process or if evaporite deformations
have stopped. If still active, present deformations are likely occurring at
rates similar to past long-term rates of between 0.5 and 1.6 inches per 100
years. These slow deformation rates should not present a potential risk to
buildings and other facilities being considered at the Project Site.
b) Steep Terrace E scarpments
Steep terrace escarpments that commonly have slopes of about 60 percent
and vary from 40 to 80 feet high are present along the Roaring Fork River
and the lower reaches of Cattle Creek. These escarpments are potentially
unstable and in some cases have been further destabilized due to piping
associated with irrigation water from the previous agricultural activities on
the Project Site. The escarpments are located along the western most
property line and encroach into the RFC Conservation Easement. These
areas can contribute to sediment production during rain and flood events or
in association with excessive irrigation.
c) Debris Flows and Floods
With respect to debris flows and floods, HP Geotech notes that coalescing
alluvial fans developed at the mouth of the numerous, small drainage basins
on the east Roaring Fork River valley side where the ephemeral streams in
these basins discharge on terrace surfaces. Before construction of SH 82 and
development to the east of the highway, the alluvial fan formed a
continuous apron at the terrace-valley side transition. Most of the upper
parts of the fans have been removed by grading for these facilities. With the
exception of the southernmost portion of the Project Site, the Project Site is
not impacted by debris flows.
The risks associated with the geologic hazards on the Project Site indicate
that certain precautions should be taken in the design and construction of
these proposed land reclamation activities. All grading and structure design
and construction should be done in conformance with this Plan and the
Hazards Mitigation Plan submitted as part of the REC rezoning and
preliminary plan applications.
V. RECLAMATION DESIGN
This section describes the actions to be performed under pre-development reclamation.
Each of the five tasks is generally described, including references to other coordinating
documents, and a specific description of associated construction activities. The following
information is supported by the Reclamation Plan, RP01 Series of the Drawing Package.
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
14
Final conditions resulting from Phase 0 pre-development reclamation are shown on the
Reclaimed Conditions, ES02 Series of the Drawing Package.
1. RFTA TRAIL RELOCATION
a) General Description
Based on the requirements presented in the existing RFTA Easement Grant
(Book 1142 at Page 963 amended Book 1217 at Page 588 in the real
property records of Garfield County, Colorado) of for Milepost 367.51, as
amended, the current RFTA trail will be relocated to an adjacent grade
separated alignment beneath the new main entrance for the Project. The
relocated trail approach grades from the north and south are less than 6
percent and transitioned to allow for the safe passage for trail users, and
allow users to enter and exit the trail to connect with other adjoining
facilities. The structure will be 12 feet (w) by 50 feet (l) and 10 foot (h)). The
relocation will facilitate secure passage of trail users, as well as allowing safe
movement of vehicles entering and exiting the Project as shown on RFTA
Trail Underpass Plan and Section, Series C05 of the Drawing Package. This
relocation activity will occur prior to initiating major reclamation efforts to
facilitate safe separation of construction traffic and trail users.
b) Specific Construction Activities
Specific activities associated with this effort include:
Installing informational and required traffic control/safety
signage and barriers to keep trail users informed of the
surrounding construction activities and provide for their
protection during construction in accordance with the
Erosion and Sediment Control Plan.
Installing temporary construction drainage BMPs, such as
silt fence or straw waddles, to limit the release of sediment
during grading activities.
Rough grading approaches from the existing RFTA trail to
new structure location.
Excavating and preparing foundation soils for placement of
the structure. The foundation soils will be compacted to a
minimum of 95 percent Standard Proctor and then base
course material placed to achieve design grades.
Placing the structure (including entrance walls) and
permanent drainage BMPs (e.g. storm sewer inlets) as
shown on RFTA Trail Underpass Plan and Section, Series C05
of the Drawing Package, and backfilling surrounding voids in
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
15
maximum 6 inch lifts and compacting to a minimum of 95
percent Standard Proctor.
Finalizing grading to within approximately 6 inches of the
designed final grades and place top soil in preparation for
vegetation.
Placing temporary barriers and directional signage to
redirect trail users to the new route through the Project Site
and obliterate the old trail section and place permanent
barriers and signage, and remove temporary barriers and
signage.
Vegetating disturbed areas per Section IV.5 of this Plan,
attached Revegetation Plan (Appendix B1) and the
landscaping provisions of the PUD Guide.
2. RELOCATION OF GLENWOOD DITCH
a) General Description
To maintain the required irrigation flows in the Glenwood Ditch and
facilitate coordination with development activities, the Glenwood Ditch will
be partially relocated from its current location to the new alignment
presented on Glenwood Ditch Relocation Plan and Profiles, Series SW06 of
the Drawing Package The relocated section of pipe will match the existing
size (48-inches in diameter), average grade (approximately 0.1 percent) and
minimum cover (18 inches). New manholes will be placed to facilitate
horizontal alignment changes (i.e. bends), maintenance, and usage for open
space irrigation. These activities will be performed in coordination with site
grading and hazard mitigation efforts. Once the relocated pipeline is
operational, the ditch water will be redirected and the old pipeline will be
removed. Due to the constraints created by the relocation of this pipe for
other planned below grade utilities, some coordination activities will also be
performed to lessen future impacts on the newly placed pipeline by the
placement of other utilities.
b) Specific Construction Activities
Specific activities associated with this effort include:
Installing temporary construction drainage BMPs, such as
silt fence or straw waddles, to limit the release of sediment
during excavation activities in accordance with the Erosion
and Sediment Control Plan.
Excavating and preparing foundation soils for placement of
pipe and manholes. The foundation soils will be compacted
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
16
to a minimum of 95 percent Standard Proctor and then base
course material placed to achieve design grades.
Installing pipe and manholes per designed alignment and
grades as shown on Glenwood Ditch Relocation Plan and
Profiles, Series SW06 of the Drawing Package, and
backfilling surrounding voids (up to top of pipe) in maximum
12 inch lifts and compacting to a minimum of 95 percent
Standard Proctor.
Placing remaining cover soils to within approximately 6
inches of the designed final grades shown on Reclamation
Plan, Series RP01 of the Drawing Package and placing top
soil in preparation for vegetation.
Finalizing connections to existing ditch and removing
relocated portion of existing pipeline.
Vegetating disturbed areas per Section IV.5 of this Plan,
attached Revegetation Plan (Appendix B1) and the
landscaping provisions of the PUD Guide.
3. SITE GRADING AND RESTORATION
a) General Description
In 2005, the Project Site was graded to facilitate a previously approved
project (i.e., Sanders Ranch PUD), which included both residential and golf
course development. The project was discontinued and the site was left in
very poor condition, with little or no reclamation performed. Therefore,
prior to initiating any future development activities on the site, the Project
Site must be reclaimed in order to address geotechnical issues, erosion and
sedimentation, drainage, and vegetation/habitat issues resulting from the
previous action. There are many objectives to achieve during these Phase 0
pre-development reclamation activities, they include:
Repairing the site from previously unfinished development
grading and restoring proper site drainage;
Performing site-wide geotechnical observations;
Mitigating existing geological hazards (i.e. steep
escarpments, active stream banks, and sink holes), as
appropriate and in coordination with the RFC;
Grading and vegetating the Project Site to facilitate future
development, interim agricultural production and
restoration of environmentally sensitive areas including the
placement of stockpiled topsoil; and
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
17
Reclaiming open space areas directly adjacent to RFC
Conservation Easement and within the RFTA Open Space
Easement to required conditions under the easements or
other naturalized conditions.
To achieve the objectives presented above, prior to undertaking grading
activities two actions must first be completed. First, existing debris left from
previously terminated development activity that poses a safety hazard to
those accessing and working on the Project Site will be removed. The debris
will be collected and trucked offsite for disposal. Second, hazard mitigation
associated with sinkholes, steep escarpment and active stream bank erosion
will be initiated as described below and in the Hazard Mitigation Plan. It
should be noted that mitigation measures for steep escarpment and active
stream bank erosion within the RFC Conservation Easement has been
discussed with the RFC. These activities can and will only be performed with
approval from the RFC. Once the debris has been removed and the hazards
mitigation has been initiated, the site will be graded per the elevations and
slopes presented on the Reclamation Plan, Series RP01 of the Drawing
Package. Existing surficial soils planned to receive fill (i.e. areas of previous
excavation associated with the previous development) will be properly
prepared (i.e. cleared, grubbed and ripped) to ensure a cohesive transition
between existing and newly placed fill. Fill material will be placed in lifts of
no greater than 2 feet and compacted per geotechnical specifications and to
design grades presented. All areas of disturbance (i.e. cut or fill) will be
completed to within 1 foot of the designed final grades using onsite
materials and then topsoil will be placed and prepared for specified
vegetation (see Section IV.5).
b) Specific Construction Activities
Specific activities associated with this effort include:
Removing of site debris that presents a safety hazard to
those working on the site. The debris will be containerized
and shipped off site for final disposal at an approved
landfill. Based on existing information, none of the debris
requires special transport or disposal efforts.
Preparing the site for grading operations by surveying the
site and placing required staking to facilitate construction.
Performing hazard mitigation for existing steep escarpment
areas will require further investigation prior to initiation.
Mitigation measures will be specific to a location and the
development action proposed. For example, steep
escarpment areas in the vicinity of open space, the affected
area, at a minimum, will be excavated, filter material sized
to reduce the release of finer particles placed, select fill
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
18
compacted (minimum compaction 85 percent Standard
Proctor) and rock placed to armor the outer edges. For
other steep escarpment areas with planned development
infrastructure in the vicinity, more robust levels of
mitigation may be required to achieve the necessary level of
protection. In most cases, this increased level of mitigation
specific to the area would require construction activities
within the RFC Conservation Easement to achieve the
required level of protection. For areas of observed active
stream bank erosion, the areas will be armored by placing
BMPs, such as rock or vegetation, approved by the RFC and
ACOE. Sinkhole areas will be assessed and compaction or
other measures will be taken to reduce or eliminate the
hazards associated with these areas.
Grading site to within approximately 1 foot of the final
designed grades shown on Reclamation Plan, Series RP01 of
the Drawing Package. In areas of fill, materials will be placed
in maximum of 2 foot lifts and compacted to: 95 percent
Standard Proctor under development features, 85 percent
Standard Proctor under common areas and 80 percent
Standard Proctor under open space areas. Due to the entire
site being located within a general hazard area related to
regional conditions associated with the possible
development of sinkholes, during all grading activities
onsite geotechnical observations will be performed. The
field observations will be targeted at locating any additional
areas of questionable soil or geologic conditions. Should
such area(s) be observed, additional investigations (e.g.
drilling) will be performed as necessary based on the type of
development features being planned as described in the
Hazard Mitigation Plan. Mitigation measures will be
employed or documented for future design in association
with the subsequent Final Plats.
Placing top soil and vegetating disturbed areas per Section
IV.5 of this Plan, the attached Revegetation Plan (Appendix
B1) and the landscaping provisions of the PUD Guide.
4. DRAINAGE FEATURES
a) General Description
In an effort to reduce further disturbance in the reclaimed areas once these
pre-development activities are completed, major permanent drainage
features will be constructed as a component of this Phase 0 pre-
development reclamation effort. The drainage features being constructed
include:
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
19
Major drainage channels; and
Water quality and raw water detention basins.
As described in both the Hazards Mitigation Plan and Erosion and Sediment
Control Plan, once constructed the major stormwater conveyance (i.e.
channels) and storage facilities (e.g. ponds or detention basins) will be lined
to minimize water infiltration. The liners will either be constructed of
natural (e.g. compacted clay) or engineered (e.g. HDPE) material. In addition
to lining, the systems will be sloped and vegetated to limit erosion and
facilitate natural surface water treatment (i.e. lessen downstream nutrient
loading). Storage facilities located in the vicinity of steep escarpments (i.e.
NP1) shall be lined with HDPE and the outfall will be directed to an area
outside the impacted slopes and extra protective measures will be
employed. If it is determined through further site investigations that even
with mitigation the storage facility could either cause further erosion or the
current erosion could cause damage to the facility, the facility will be
relocated.
b) Specific Construction Activities
Specific activities associated with this effort include:
Grading major drainage channels, pond and detention
basins in coordination with the activities discussed in
Section IV.3 of this Plan and to the final designed location
and grades shown on Reclamation Plan, Series RP01 of the
Drawing Package.
Preparing foundation soils to receive and install liners per
manufacturer recommendations for geosynthetics or
engineers recommendations for natural materials.
Placing specified cover materials (i.e. rock or topsoil) and
vegetate disturbed areas per Section IV.5 of this Plan,
attached Revegetation Plan (Appendix B1) and the
landscaping provisions of the PUD Guide.
5. VEGETATE SITE
a) General Descri ption
Vegetation associated with this Phase 0 pre-development reclamation effort
consists of both temporary and final activities. The proposed open space
located along the RFC Conservation Easement and within the RFTA Open
Space Easement will be final revegetated in an effort to initiate growth and
protect downstream areas from increased sedimentation including the
placement of any required buffers. In addition, areas planned for
development will be temporarily vegetated to minimize dust and protect
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
20
areas from surface water induced erosion. Some development areas may
also be temporarily vegetated with agricultural seed mixes or with
horticultural species to be used onsite as required Project landscaping.
The proposed open space directly adjacent to the RFC Conservation
Easement will require four different types of vegetation activities:
Native vegetation in areas of limited human activity;
Heron screening vegetation in areas between development
areas and occupied nesting trees;
RFTA buffer measures along the RFTA Open Space
Easement;
Slope protection vegetation for areas of grades steeper
than 20 percent; and
Transitional vegetation for areas to be impacted by future
development.
See Revegetation Plan in Appendix B1 for planting schedules and
Reclamation Plan (Series RP01), Open Space Plan and Schedules (OS01) and
Landscape Plans (LA01-05) of the Drawing Package for locations and
prototypes for each of the areas described above.
Proposed community space areas located within the development area are
planned for various purposes and many will likely require incursions by
construction activities during development. Therefore, the level of
vegetation in these areas will vary, but the primary purpose is to initiate
base level vegetative growth and facilitate future garden and orchard
planting.
Due to the variable duration of development activities, the areas planned
for future development will be temporarily vegetated to assist in dust
control and protection of surface water quality. All areas not scheduled for
future development construction in association with REC development
within 30 days will be temporarily vegetated as presented on Reclamation
Plan, Series RP01 of the Drawing Package.
b) Specific Construction Activities
Specific activities associated with this effort include:
Amending topsoil placed as part of other reclamation
activities discussed above, as necessary in accordance with
the Revegetation Plan (Appendix B1).
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
21
Vegetating as scheduled in the Revegetation Plan (Appendix
B1) and Reclamation Plan (Series RP01), Open Space Plan
and Schedules (OS01) and Landscape Plans (LA01-05) of the
Drawing Package. Temporary irrigation will be provided, as
necessary, to facilitate successful establishment of
vegetation.
VI. COST ESTIMATE AND ME THOD OF FINANCING
A cost analysis and estimate will be provided for reclamation under separate cover in
conformance with Section 6-301C.8.r.(3) of the ULUR at the time of and in association
with the Grading Permit application.
Based on the preliminary design submitted for review in association with the current
rezoning and preliminary plan application supported by this Plan, preliminary costs have
been developed and reviewed by 8140 Partners, LLC. These costs have been determined
to be reasonable and support the feasibility of implementing the above proposed
reclamation as part of the Project.
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
APPENDIX A1 : VICINITY MAP AND PROJECT SITE
DRAWINGS
App. A-1
12/01/10VICINITY MAPExhibit:Date:8140 Partners, LLCTitle:Prepared by:Owner/Developer: Carbondale Investments, LLC7999 HWY 82Carbondale, CO 81623Phone No:970.456.5325App. A-2FILE NAME: P:\CARBONDALE INVESTMENTS\06.00 DESIGN TASKS\06.02 -TASK 02 PRELIM PLAT\ENGINEERING & DESIGN\CAD\EXHIBITS\MISC REP ORT FIGU RES\PUD-VIC MA P DWG
PLOT DATE/TIME: 11/16/2010 2:58 PM
PLOTIED BY: CHRIS SNYDER
PLOT STYLE: 8140CAD_MSTANDARD.CTB
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Exhibit:Date:8140 Partners, LLCTitle:Prepared by:Owner/Developer: Carbondale Investments, LLC7999 HWY 82Carbondale, CO 81623Phone No:970.456.532512/01/10App. A-3N 0 LEGAL PESCR!p!!ON -PAftCEL A (NORTH PAftCEL) -RNERS E!lCE pup A TRACT OF LAND SITUATED IN THE EAST HALF OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST, AND IN THE WEST HALF OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 5TH PRINCIPAL MERlO~. COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: OF 5479.54 FEET TO THE TRUE E A DISTANCE OF 120.78 FEET; WESTERLY LINE OF SAID EASEMENT N 55·35'14" W A DISTANCE OF 60.45 FEET; E A DISTANCE OF 10.82 FEET; E A DISTANCE OF 44.14 FEET; E A DISTANCE OF 35.11 FEET; E A DISTANCE OF 47.16 FEET; E A DISTANCE OF 36.4B FEET; E A DISTANCE OF 71.03 FEET; E A DISTANCE OF 54.66 FEET; W A DISTANCE OF 63.68 FEET; OF 312.94 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF THE NAME AND ADDRESS OF THE PERSON WHO CREATED THIS LEGAL DESCRIPTION IS· JEFFREYALLENTUTTLE,P.L.S.33638 727 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 LEGAL PEscRip!!pN -PAftCEL C (SOUTHEAST PARCELl -RNERS EDGE pup A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF Gi\RFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS WHENCE A SECTION FEET, A OF 260.70 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF THE NAME AND ADDRESS OF THE PERSON WHO CREATED THIS LEGAL DESCRIPTION IS JEFFREYALLENTUTTLE,P.L.S.33638 727 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 LEGAL PESCR!p!!ON -PAftCEL B (SOUTH PARCEL) -RNERS E!lCE pup A TRACT OF LAND SITUATED IN THE EAST HALF OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST, AND IN THE WEST HALF OF SECTION 7 AND IN THE NORTH HALF OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORAOO, BEING MORE PARTICULARLY DESCRIBED I>S FOLLOWS: WHENCE A SECTION ADISTANCEOF401.79FEET; THE LEFT HAVING A OF14-82.50FEET,A E A DISTANCE OF 621.41 HAVINGARA.DIUSOF2815.00FEET,A S 30'4711 E A DISTANCE OF 294.19 WAY LINE N 69'53'16 W A DISTANCE OF 216.07 FEET; OF 69.36 FEET; OF 36.35 FEET; OF 10.60 FEET; OF 41.45 FEET; OF 6.26 FEET; OF 25.22 FEET; OF 9.67 FEET; OF 22.60 FEET; OF 17.26 FEET; OF 26.07 FEET; OF 9.99 FEET; OF 21.45 FEET; OF 49.05 FEET; OF 49.94 FEET; OF 36.45 FEET; OF 55.16 FEET; OF 25.14 FEET; OF 76.76 FEET; OF 24.56 FEET; OF 30.06 FEET; OF 34.61 FEET; OF 29.32 FEET; OF 27.50 FEET; OF 22.97 FEET; OF 169.44 FEET; OF82.61 FEET; OF15.89FEET; OF 262.40 FEET; OF 102.47 FEET; OF 105.38 FEET; OF 126.13 FEET; OF 116.42 FEET; OF 136.33 FEET; OF 150.05 FEET; OF 102.14 FEET; OF 552.12 FEET; OF 47.26 FEET; OF 109.20 FEET; OF 71.09 FEET; OF 152.23 FEET; OF 339.62 FEET; OF 34.06 FEET; OF 52.42 FEET; OF 154.66 FEET; OF 66.59 FEET; OF 44.69 FEET; OF 65.72 FEET; OF 79.09 FEET; OF 63.32 FEET; OF 33.96 FEET; OF 42.02 FEET; OF 107.17 FEET; OF 164.72 FEET; OF 107.90 FEET; OF163.60FEET; OF177.81 FEET; OF393.54FEET; OF 21.79 FEET; OF50.00FEET; OF65.56FEET; OF50.12FEET; OF33.08FEET; OF89.61 FEET; OF26.86FEET; OF27.93FEET; OF 2B.06 FEET; OF22.23FEET; OF36.49FEET; OF54.05FEET; OF20.95FEET; OF29.18FEET; OF 26.42 FEET; OF30.14FEET; OF69.77FEET; OF56.76FEET; OF40.12FEET; OF40.88FEET; OF43.39FEET; OF67.60FEET; OF15.86FEET; OF52.31 FEET; OF46.95FEET; OF61.04FEET; OF47.07FEET; OF32.16FEET; OF7.98FEET; OF 72.35 FEET; OF50.71 FEET; OF38.31 FEET; OF87.15FEET; OF77.06FEET; OF88.65FEET; OF65.60FEET; OF74.96FEET; OF43.44FEET; OF 55.45 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF r~~ River !tlge-PROJECT SITE LOCATION AND DESCRIPTION (1 OF 4) COLORADO
Exhibit:Date:8140 Partners, LLCTitle:Prepared by:Owner/Developer: Carbondale Investments, LLC7999 HWY 82Carbondale, CO 81623Phone No:970.456.532512/01/10App. A-4I I I I I I I / I PROJECT SITE LOCATION AND DESCRIPTION (2 OF 4) N ffi
Exhibit:Date:8140 Partners, LLCTitle:Prepared by:Owner/Developer: Carbondale Investments, LLC7999 HWY 82Carbondale, CO 81623Phone No:970.456.532512/01/10App. A-5FILE NAME: P:\CARBONDALE INVESTMENTS\06.00 DESIGN TASKS\06.02 -TASK 02 PRELIM PLAT\ENGINEERING & DESIGN\CAD\EXHIBITS\MISC REP ORT FIGU RES\PUD-LEGALDESC DWG
PLOT DATE/TIME: 11/18/2010 9:50AM
PLOTIED BY: CHRIS SNYDER
PLOT STYLE: 8140CAD_MSTANDARD.CTB
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Exhibit:Date:8140 Partners, LLCTitle:Prepared by:Owner/Developer: Carbondale Investments, LLC7999 HWY 82Carbondale, CO 81623Phone No:970.456.532512/01/10App. A-6N 0 CURVE RADIUS C1 2815.00 C2 1482.50 C3 2815.00 C4 2915.00 CURVE TABLE (PROPERlY BOUNDARY) LENGTH 494.34 626.05 294.32 282.60 CHORD BEARING 493.70 N 14'37'1" W 621.41 S21'41'2"E 294.19 N 30'47'11" W 282.49 N 12"21'49" W DELTA 10'03'42" 24"11'44" 5'59'25" 5"33'17" LINE LENGTH 1005.44 L2 2644.53 u 120.78 L4 60.45 L5 64.72 L6 86.97 L7 54.30 L8 123.97 L9 93.00 L10 119.58 L11 L12 L13 L14 L15 L16 L17 L18 Ll9 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 LSO L51 L52 L53 L54 L55 L56 L57 LSB L59 L60 L61 L62 L63 L64 L65 L66 L67 L6B L69 L70 L71 L72 L73 L74 L75 L76 L77 L78 L79 LBO L81 L82 L83 L84 33.84 37.80 56.05 45.48 28.23 95.71 85.73 93.22 181.92 98.43 52.20 39.34 42.96 21.60 89.66 70.95 55.55 49.93 68.20 77.59 10.82 44.14 35.11 47.16 36.48 71.03 54.66 63.68 61.05 55.52 44.36 37.73 54.16 36.97 65.70 85.02 158.65 41.30 24.70 209.99 33.82 78.19 117.20 94.24 63.83 141.45 50.76 91.04 134.55 74.18 43.27 72.23 217.77 312.94 401.79 1545.87 387.28 218.07 69.38 36.35 10.80 41.45 8.28 25.22 9.87 22.60 17.28 26.07 9.99 21.45 49.05 49.94 36.45 55.18 LINE TABLE (PROPERlY BOUNDARY) BEARING 589'4-J'JO'E S19'J8'52"E S9'J5'9'E N 65'36'13" W N 49'54'10' W N 49'54'10" W N 48'11'10' W N 56'47'27" W N 83'47'24' W N 29'35'31" W N 78'0'43' W s 79'41'4-8" w s 22'57'52' w s 59'31'57" w N 82'32'35' W N 59'7'3" W N 71'20'-4-4' W N 36"43'10" W N 25'39'22" W N 65"10'24" W s 85'2'33" w s 56"33'52" w s 20'49'33" w S 3727'43" E N 772'57" W s 70"24'18" w N B8'59'39" W s 84"28'58" w N14'22'48"E N 5"11'46" W N 18'20'5"E N22"53'40"E N10'34'58"E N8"59'51"E N3'48'8"E N4"40'52"E N 737'51" E N 29"28'14" W N 32'0'44" W N 26"17'29" W N 38'14'36" W N 53"11'32" W N 59'54'48" W N 8751'35" W N 57'33'47" W N 81"56'22" W N 4'11'29" W N 35"50'41" W N 54'46'3" W N 28"51'45" W N 11"58'37" W N41"3'46"E N 6'29'1" W N 20"5'27" W N 11'32'3" W N 757'46" W N9'56'14"E N 19"17'44" W N 44'41'59" W N 19"23'49" W N 19'33'5" W N 21"30'1" W N0'16'30"E N0"16'30"E S9'35'9"E S9"35'9"E S33'46'54"E N 89"53'16" W N 40'23'30" W s 8728'29" w s 83'52'12" w N 58"27'19" W N 29'51'31" W N 24"16'24" W N 69'0'53' W s 8731'44" w N 5725'1" W N 50"9'49" W N 46'21'12" W N 44"28'5" W N 55'50'8" W N 56"25'40" W N 68'12'23" W N 46"54'4" W LINE LENGTH L85 25.14 L86 78.78 L87 24.58 L88 30.08 L89 34.61 L90 29.32 L91 27.50 L92 22.97 L93 169.44 L94 82.61 L95 L96 L97 L98 L99 L100 L101 L102 L103 L104 L105 L106 L107 L108 L109 L110 L111 L112 L113 L114 L115 L116 L117 L118 L119 L120 L121 L122 L123 L124 L125 L126 L127 L128 L129 L130 L131 L132 L133 L134 L135 L135 L137 L138 L139 L140 L141 L142 L143 L144 L145 L145 L147 L148 L149 L150 L151 L152 L153 L154 L155 L155 L157 L158 L159 L160 L161 L162 L163 L154 L165 L165 L167 L168 15.89 262.40 102.47 105.38 126.13 118.42 136.33 150.05 102.14 552.12 47.26 109.20 71.09 152.23 339.82 34.06 52.42 154.66 86.59 44.89 85.72 79.09 63.32 33.98 42.02 107.17 164.72 107.90 163.60 177.81 393.54 21.79 50.00 65.56 50.12 33.08 89.61 26.86 27.93 28.06 22.23 36.49 54.05 20.95 29.18 26.42 30.14 69.77 56.76 40.12 40.88 43.39 67.60 15.86 52.31 46.95 61.04 47.07 32.16 7.98 72.35 50.71 38.31 87.15 77.06 88.65 65.60 74.96 43.44 55.45 188.14 49.74 202.70 260.70 BEARING N 68'49'21" W N 4-7'4-1'50" W N 30'26'40" W N 25'47'1" W N 18'11'39" W N 30'58'21" W N 21'59'1-4-" W N 30'16'7" W N 25'41'38" W N 4r17'39"E N38'34'52"E N 34'26'44" W N 57'58'9" W N 53'4-3'31" W N 55'58'11' W N 56"14'57" W N 49'16'4" W N 44"30'51" W N 32'49'55" W N 3744'19" W N 18'10'2" W N 2758'19" W N 35'1'36" W N 41"32'47" W N 40'22'24" W N 64"20'53" W N 45'0'36" W N 44"53'41" W N 32'35'48" W N 571'32" W N 30'33'12" W N 3739'2" W N 3732'30" W N 20"2'15" W N 39'52'25" W N 25"36'4" W N 30'34'8" W N 11"39'1" W N24'56'6"E N63"39'33"E N83'14'43"E N 715'26" W N80'51'11"E N89"15'6"E N57'50'4"E S84"51'15"E S81'39'50"E N56"7'0"E N 738'31" E N 3741'57" W N50'0'15"E N82"2'30"E S63'34'38"E S45"59'58"E S14'44'20"E s 11"11'17" w S14'58'41"E S43"42'10"E S31'36'59"E S49"38'46"E S45'30'55"E S60"16'38"E S73'16'24"E S53"5'15"E S63'37'30"E S83"28'21"E N86'20'27"E N31"59'9"E N6'58'38"E N72"8'7"E S24'51'3"E S41"52'47"E S54'44'21"E S83"39'39"E S 5711'12" E S41"51'16"E S 5739'13" E S49"55'38"E S51'4'52"E S71"46'2"E N 9'35'10" W E S6'1'0"E 54"34'58" r~~ River !tlge-PROJECT SITE LOCATION AND DESCRIPTION (4 OF 4) COLORADO
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
APPENDIX B1: REVEGETATION PLAN
App. B-1
epetterson@rmes-inc.com | www.rmes-inc.com
po box 833 glenwood springs co 81602 | 970.309.4454
Balanced solutions to
complex environmental issues.
PENDO
solutions
ROCKY MOUNTAIN
ECOLOGICAL SERVICES
R OCKY
E COLOG
Carbondale Investments, LLC
Prepared for:
River Edge Colorado
Revegetation Plan
Garfield County, Colorado December 2010
App. B-2
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 1
Table of Contents
1 SUMMARY .................................................................................................................................................. 2
2 CURRENT LANDSCAPE CONDITIONS ......................................................................................... 2
2.1 Upland Areas ........................................................................................................................................ 2
2.2 Riparian Areas ....................................................................................................................................... 3
3 REVEGETATION OBJECTIVES ........................................................................................................ 3
4 PROJECT CONSTRAINTS .................................................................................................................... 4
5 FIGURE 1: RECLAMATION AREAS ................................................................................................. 5
6 PRECIPITATION ..................................................................................................................................... 6
6.1 Table 1: Glenwood Springs annual rainfall averages per month. ................................................. 6
7 SOILS ........................................................................................................................................................... 6
7.1 Soil Nutrients and Mycorrhizal fungi ................................................................................................ 6
7.2 Fertilizing ............................................................................................................................................... 7
7.3 Soil Preparation .................................................................................................................................... 7
8 SEEDING ................................................................................................................................................... 7
8.1 Table 2: Estimated Costs and Production Schedule of Plant Materials ....................................... 8
8.2 Planning ................................................................................................................................................. 8
8.3 Seed Ordering ....................................................................................................................................... 9
8.4 Seeding Techniques .............................................................................................................................. 9
8.4.1 Drill Seeding........................................................................................................................ 9
8.4.2 Broadcast Seeding .............................................................................................................. 9
8.4.3 Timing of Seeding .............................................................................................................. 9
8.4.4 Seed Storage ........................................................................................................................ 9
9 LIVE PLANTINGS ................................................................................................................................. 10
9.1 Figure 2: Planting Typical for Heronry Screening Areas .............................................................. 10
9.2 Planting Instructions and Timing .................................................................................................... 11
9.3 Protection from Herbivory ............................................................................................................... 11
10 PONDS AND WETLAND FEATURES ............................................................................................ 12
10.1 Table 3: Suggested Wetland Species for Pond ............................................................................... 13
10.2 Stormwater Retention Ponds (Basins) ............................................................................................ 14
11 SITE STABILIZATION ......................................................................................................................... 14
11.1 Figure 3: Open Space Typical ........................................................................................................... 15
12 WEEDS ...................................................................................................................................................... 16
12.1 Figure 4: Noxious Weeds .................................................................................................................. 17
App. B-3
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 2
1 Summary
This revegetation plan is prepared in support of the pre-development Reclamation Plan, prepared by
8140 Partners, LLC. for the River Edge Colorado project (REC). Also provided are plans for a
vegetative screening along the properties southwest boundary for compliance with stipulations
presented in the Grant of Conservation Easement by the Roaring Fork Conservancy (2000). The goal
of this screening is to provide a visual, auditory and physical screen between REC and riparian and
riverside wildlife activities at key locations. The revegetation plan is focused on the open space areas
within the REC. Reentry into these areas following reclamation as part of development activities will
generally be limited to soft trail construction, stormwater enhancements, maintenance activities, and
specific activities required by the Grant of Conservation Easement. The open space areas will be
revegetated using local native vegetation. Other areas will be revegetated in a manner that provides for
interim soil stability, water quality maintenance, agricultural production and future development.
While initially input intensive, as with any revegetation activity, native plants in the long term are self
sustaining and supplemental water use becomes unnecessary. Native plants provide habitats for local
wildlife species and are aesthetically pleasing as they will eventually blend these manipulated open areas
of REC into nearby sites and hillsides covered by existing native plant communities. The use of locally
adapted native plant species also provides a foundation for ecological functions as well as ultimately
affecting soil conservation and water quality. If native species can colonize and become established on
a highly disturbed site the processes of succession, including soil genesis and nutrient cycling are
initiated (Brown and Amacher 1999). These activities and others associated with ecosystem
development will begin on these disturbed areas through the establishment of appropriate native plants.
Soils will be salvaged from the topsoil stockpiles on the property and spread on areas to be re-
vegetated. These activities as well as the live plantings and seeding are scheduled to begin in 2011 or
2012.
2 Current Landscape Conditions
2.1 Upland Areas
The current state of the vegetative cover over much of the property reflects several recent and
historical impacts. While the riverside corridor along the Roaring Fork River is still dominated by
native woody species, much of the upland portion of the REC property was cleared of native
vegetation around 100 years ago to plant non–native hay grasses and/or provide for livestock and
farming activities. Steeper microsites and some wetter terrain were probably spared due to difficulties
in accessing them. The riparian vegetation along Cattle Creek itself is highly altered as are instream
flow regimes. The impacts from past year-round grazing practices are also still apparent as very little
woody vegetation occurs along much of Cattle Creek on the upper benches. Any remaining pockets of
native sagebrush shrublands also show little species diversity. The introduction of the current noxious
weed species occurring along the Roaring Fork River’s riparian corridor probably occurred during the
agricultural operation of the area as well.
In 2005, the upland topsoils were removed and salvaged with heavy equipment and most of the
property was re-contoured and taken down to subsoil in preparation for development. Partway
through these efforts, the landowners of what was then the Sander Ranch project abandoned the
project. The acres of newly denuded, very cobbly subsoils were quickly colonized by ruderal, non-
native weed species such as white sweetclover (Melilotis alba), flixweed (Descurainia Sophia) and Russian
thistle (Salsola collina). Several noxious weeds also took residency, including kochia (Bassia sieversiana),
common tansy (Tanacetum vulgare), plumeless thistle (Carduus acanthoides), Russian knapweed (Acroptilon
repens), cheatgrass (Anisantha tectorum), houndstongue (Cynoglossum officinale), and scotch thistle
App. B-4
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 3
(Onopordum acanthium). While noxious weed treatments have been ongoing for the past 3 years, a great
majority of the property has basically remained in this denuded and weedy state for several years. REC
has reported more recently seeding the stockpiles and graded areas with a temporary seed mix to
increase soil cover, reduce erosion and provide competition for weeds.
2.2 Riparian Areas
The REC project is planned to occupy acreage on only the upland areas at this time. The riparian areas
along Cattle Creek and the Roaring Fork River are located within the RFC Conservation Easement.
Work within these zones must be coordinated with and approved by the RFC.
Although generally outside the scope of this revegetation plan, the Cattle Creek riparian area is in need
of attention. The majority of the riparian habitats along Cattle Creek on the property are currently
dense with reed canarygrass (Phalaris arundinacea), a very aggressive, robust, non-native grass that has
excluded most native vegetation except in isolated areas. Constriction of waterways and irrigation
ditches is common with the dominant presence of reed canarygrass. Thick colonies of this grass are
perched on the edges of incised watercourses which can promote further erosion beneath the dense
mats of rhizomes causing undercutting of the banks. A labor-intensive, aggressive program spanning
several years is needed if other riparian corridor species are desired. Programs for reed canary grass
control typically involve well timed mowing or burning followed by timely herbicide treatments and
even disking. This process of reclaiming riparian areas dominated by reed canarygrass can often take
several years (Paveglio & Kilbride 1996). Reed canary grass treatments must be followed by an
aggressive reseeding and replanting program with desirable species.
Like the Cattle Creek riparian area, the Roaring Fork River riparian areas could benefit from some
attention. The riparian areas along the Roaring Fork River could be improved through a yearly noxious
weed control program. These areas were not scraped and manipulated during the 2005 grading of the
site. Although non-native aggressive pasture grasses are in the vicinity, many existing native riparian
species would be released if given a reprieve from the noxious weeds in the area through a yearly weed
effort. Care would need to be taken with the herbicide treatments so they would occur in the upper
areas of the riparian corridor and not along the immediate inundation zone right along the Roaring
Fork River. This zone is where the Ute ladies’-tresses orchid has been observed. Fortunately, to date
the orchids were not located in areas supporting noxious weeds. The majority of the populations of
weeds noted in the easement areas along the Roaring Fork are in the more open terraces well above the
riverside, late-summer wet zones supporting orchids.
3 Revegetation Objectives
• In designated areas, initiate the processes of native plant succession, including soil genesis and
nutrient cycling in areas that have been denuded of topsoil and vegetation.
• Increase sagebrush habitats and increase plant species diversity within those habitats.
• Create a native upland community that provides wildlife habitat and a natural transition zone
between the riparian areas of the Roaring Fork River and the planned housing development.
• Plant trees and shrubs along key areas of the western upland boundary to provide a visual,
auditory and physical screen between the proposed home sites and riparian and riverside
wildlife activities.
• Introduce competition for noxious weeds using native grass and forb species and provide weed
control through timely applications of effective herbicides and other control strategies.
App. B-5
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 4
4 Project Constraints
The following are some anticipated, potential constraints to a successful revegetation project:
• Topsoil is likely highly altered from years of storage;
• Difficulty in sowing seeds of individual species to appropriate depths;
• High risk of animal damage to newly planted and seeded sites (e.g., deer, elk and small
mammals);
• Ability to control timing and application of irrigation;
• Noxious weeds;
• Impacts of non-native, early-seral weedy species (sweet clover, annual mustards, Russian thistle,
etc) on newly emerged native seedlings;
• Availability of desired native plants and seeds;
• Extreme fluctuations in weather such as hot, dry spells and/or winter desiccation, etc.
App. B-6
107°15'30"W107°15'30"W107°15'45"W107°15'45"W107°16'0"W107°16'0"W107°16'15"W107°16'15"W107°16'30"W107°16'30"W39°27'0"N
39°27'0"N
39°27'15"N
39°27'15"N
39°27'30"N
39°27'30"N
39°27'45"N
39°27'45"N39°28'0"N
Prepared By:
Prepared For:
Date:
PENDO Solutions
River Edge Colorado
11.08.2010
Scale: 1" = 600'
0 600 1,200300
Feet
VN
This product is for informational purposes and may not have been prepared for, or be suitable for
legal, engineering, or surveying purposes. Users of this information should review or consult the
primary data and information sources to ascertain the usability of the information. The maps are
distributed "AS-IS" without warranties of any kind, either expressed or implied, including but not
limited to warranties of suitability to a particular purpose or use.
Disclaimer:
FIGURE 01
Reclamation Areas for
Undeveloped Open Space
82
82
R o a r i n g F o rk R iv erRiver Edge Colorado Property
Other Property
Undeveloped Open Space
Developed Areas
Foot Trail
App. B-7
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 6
6 Precipitation
Precipitation records exist for Glenwood Springs dating back to 1893 and give perspective on what the
expectations are for receipt of natural rainfall in the project area. Setting up temporary irrigation on all
seeded sites and for containerized plantings is planned because natural precipitation is low and
irrigation water is available. Locally, a typical spring or fall month is wetter than the mid-summer
months, but in general only by fractions of an inch. A big month for precipitation would be greater
than 1.5 inches. These rates are typically not adequate for manipulated revegetation projects. The
average annual precipitation per year for Glenwood Springs is 16.43 inches which supports a relatively
xeric environment. Well timed and directed supplemental irrigation would be extremely beneficial.
Additional water assists in germination and establishment of even locally native plant materials, even
though after establishment, these highly adapted plants will be able to survive without the extra water.
6.1 Table 1: Glenwood Springs annual rainfall averages per month.
Glenwood Springs 1893-2010-Annual Rainfall Averages per Month
Total Average Annual Precipition: 16.5"
0
0.2
0.4
0.6
0.8
1
1.2
1.4
1.6
1.8
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Decinches
7 Soils
7.1 Soil Nutrients and Mycorrhizal fungi
Areas to be planted with either seed or containerized trees and shrubs will first be spread with 8-12
inches of the locally stored topsoils. These soils have been stockpiled for upwards of 5 years and the
soil microbial populations, nutrient levels, and mycorrhizal fungi populations will be highly altered. Soil
samples will be taken from the stockpiles to be used and sent to Colorado State University for nutrient
analyses prior to the revegetation activities. The need for amendments will be determined at that time.
Populations of mycorrhizal fungi and microbes in the stored soils cannot realistically and affordably be
measured for this project. The hope is that some of the spores of the mycorrhizal fungi have survived.
The presence of appropriate mycorrhizal fungi is essential to the healthy growth and establishment of
approximately 90% of the world’s plants (Amaranthus and Webber 2008). However, beyond the
knowledge that these organisms are essential, very little is known about specific species and less is
known about how to affordably identify them in soils. What is known is that mycorrhizal fungi can be
key components to plant success except in more ruderal and weedy species such as Russian thistle
(Salsola kali, S. collina) and kochia (Bassia sieversiana), hence these plants ability to dominate depleted sites.
App. B-8
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 7
Mycorrhizal fungi form an association with plant roots whereby each organism assists the other. The
fungi allow more surface area to be reached within the soil horizon. After infecting plant roots, the
mycorrhizal fungi send out miles of tiny filaments (hyphae and mycelium) that occupy large expanses
of soil, trapping mineral nutrients and water and transporting them back to the plant. The tiny
mucilaginous filaments of some mycorrhizal fungi attach and penetrate between root cells and other
species attach to the outer cells of the root cortex of a plant. The fungi are then acting like an
extension of the root system itself. The benefit to the fungus is receipt of essential carbohydrates and
other compounds from the plant roots to help fuel its own growth (Raven et al. 1992).
The most cost effective means of influencing mycorrhizal populations on large projects is to provide
suitable soil conditions. Using soils with higher soil organic matter and avoiding heavy fertilization
have both been found to help favor increases in soil mycorrhiza (Johnson 1998). The stockpiled
topsoils on the property may or may not have adequate levels of organic matter.
7.2 Fertilizing
For sites requiring reseeding fertilizers can be beneficial. However, the use of inorganic fertilizers in
native revegetation projects has repeatedly been shown to increase weed presence and hence slow
establishment of native species. Therefore, unless soils are extremely depleted, no inorganic fertilizer
should be used in seeded areas. If fertilization is deemed necessary after soil test results, only slow-
release organic fertilizers will be used. Biosol, Biosol Mix, Osmocote, or Granular Humate, well
composted manure or an approved equal may be applied as necessary to address any deficiencies in the
topsoils. Biosol is typically added at a rate of 1500-2000 lbs per acre. If composted manure is to be
applied, the nutrient content shall be tested before it is used. Composted manure may also help in
increasing soil organic matter necessary for healthy establishment of mycorrhizal fungi. Rates of
fertilization will vary according to soil tests.
7.3 Soil Preparation
Successful revegetation does not emulate strict agricultural or engineering standards. Soil surfaces are
best left as rough and irregular as practical, something often difficult for a skilled heavy equipment
operator to embrace. Smoothly compacted soils are often encountered in revegetation projects and are
problematic. On the REC, topsoils will be redistributed to a depth of 8-12 inches which will provide
enough depth to ensure roots can penetrate to the depth necessary for proper establishment. Various
topsoil depths are best where small pits are created (12” x 12” to 6” x 12” in depth) as microsites for
gravity driven collection of moisture and seed at irregular intervals. Even placement of rocks and/or
other natural debris is desirable for again creating these diverse microsites. However, soils surfaces that
are too uneven or rocky can pose challenges if drill seeding.
8 Seeding
Seeding properly in a area includes extensive planning, site specific seed mixes and rates, seeding
techniques, quality assurance and seed ordering, proper seed storage, seeding at optimum times,
remedial seeding, mulching and possibly seed collection.
Listed in Table 2 is the recommended seed mix for the native upland areas as well as the live plants
planned for the vegetation screen on the western boundary of the REC. The seed numbers listed are
for broadcast seeding as opposed to drill seeding. However, drill seeding with a rangeland drill (Truax
Range Drill or equivalent) capable of accommodating several different seed sizes and planting at several
different depths is the preferred method. If drill seeding is available, seed numbers can be reduced by
25% as seed placement is more precise and germination is more reliable. The table is built with a rate
of 125 seeds per square foot for grasses and forbs with an additional 75 seeds per square feet planned
for shrubs.
App. B-9
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 8
8.1 Table 2: Estimated Costs and Production Schedule of Plant Materials
Nursery/Seed Co/Schedule Est.
Cost/lb Total lb Cost/ 5
Acres
1. Seed
Grasses
Bouteloua gracilis Seed Co.-order winter'10-'11 $7.80 2.8 $21.84
Elymus elymoides, Sitanion hystrix Seed Co.-order winter'10-'11 $14.30 1.4 $31.5
Elymus trachycaulus, Agropyron trachycaulum Seed Co.-order winter'10-'11 $4.50 7 $31.50
Festuca idahoensis Seed Co.-order winter'10-'11 $5.60 4.8 $26.88
Hesperostipa comata, Stipa comata Seed Co.-order winter'10-'11 $28.60 8.8 $251.68
Hesperostipa viridula, Stipa viridula Seed Co.-order winter'10-'11 $3.00 19.7 $59.10
Koeleria macranthra Seed Co.-order winter'10-'11 $22.50 0.2 $4.50
Oryzopsis hymenoides, Achnatherum hymenoides Seed Co.-order winter'10-'11 $4.50 7.5 $33.75
Pascopyrum smithii Seed Co.-order winter'10-'11 $7.20 56.9 $409.68
Pleuraphis jamesii, Hilaria jamesii Seed Co.-order winter'10-'11 $22.20 2.3 $51.06
Poa secunda Seed Co.-order winter'10-'11 $5.90 0.6 $3.54
Sporobolus cryptandrus Seed Co.-order winter'10-'11 $4.00 0.9 $3.60
Forbs
Eriogonum umbellatum- Western’s price Seed Co.-order winter'10-'11 $60.00 2.6 $155.94
Heliomeris multiflora, Viguiera multiflora Seed Co.-order winter'10-'11 $62.00 0.4 $24.80
Machaeranthera bigelovii-Western’s price Seed Co.-order winter'10-'11 $80.00 0.7 $53.06
Oxytropis sericea-Western’s price Seed Co.-order winter'10-'11 $192.00 2.1 $403.20
Penstemon strictus Seed Co.-order winter'10-'11 $11.00 2.7 $29.70
Sphaeralcea coccinea Seed Co.-order winter'10-'11 $86.20 .5 $43.10
2. Shrubs/ Subshrubs
Artemisia tridentata var pauciflora Collect Fall 2010? $50.00 3.3 $165.00
Artemisia frigida Seed Co.-order winter'10-'11 $48.00 0.1 $4.80
Chrysothamnus nauseosus, Ericameria nauseosus Collect Fall 2010? $44.00 9.9 $435.60
Krascheninnikovia lanata, Ceratoides lanata Seed Co.-order winter'10-'11 $25.00 29.2 $730.00
Vegetation Screen: Linear 1/4 mile X 15 ft. Schedule/Nursery Cost/ Plant No. of
Plants
Total
Cost
3. Container Plants (trees/shrubs)
Pinus ponderosa order Fall 2010-5 gal $15.15 44 $666.60
Juniperus osteosperma order Fall 2010- 5 gal $17.95 44 $631.84
Crataegus erythropoda order Fall 2010- 1 gal $6.40 88 $563.20
Rhus aromatica ssp trilobata order Fall 2010- 1 gal $6.20 88 $491.04
Rosa woodsii order Fall 2010- 1 gal $3.30 88 $436.48
Note: Seed costs are per five acres for broadcast seeding.
8.2 Planning
The native species listed for the project are extremely well adapted to the site conditions but may not
be readily available from seed companies. Placing the order a year ahead of the planned
implementation of the project allows seed vendors to order seed early better ensuring availability.
Inherent in the seed industry is a lack of predictability as to what species might be available at a given
time in the native seed markets. The more lead time given to a seed company, the better probability of
the seed being available.
Native seed is relatively slow to germinate and very slow often to establish. A great deal of early
growth is devoted to the underground plant mass, the roots, unlike many agricultural products with
App. B-10
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 9
which we are more familiar. Expect to wait 2 to 3 years before ever evaluating the level of seeding
success or failure.
8.3 Seed Ordering
The seed mix will be requested as PLS (Pure Live Seed) only. Requests will be made for the seed lot to
be tested to check the seeds viability and purity. Additionally, the seed vendor will be required to
provide crop and weed seed contaminants, location of origin (if available), viability and purity test dates
and date of packaging. The vendor will also be asked to group and mix species by seed size according
to the seed size accommodations of the various seed boxes on the seed drill, if applicable. Mixing the
entire mix together is not suitable when using a range drill and it is imperative to make this very clear
when ordering from the seed vendor.
8.4 Seeding Techniques
For the seeding project at the REC, two seeding options are available. These are broadcast seeding and
drilling. These are described below, as well as the situations where each would be most appropriate.
The seeding contractor chosen must be experienced with the type and scale of work required in order
to assure the highest success rate possible. Having worked with native seeds, the drill seeding
equipment and experienced personnel are all keys to a successful project.
8.4.1 Drill Seeding
Drilling is not always practical or possible, but when it is, the results are far superior to broadcast
seeding. A seed drill (Truax Range Drill or equal) can be used on slopes that are gentler than 2:1 and
drill tube spacing should be 6-7 inches apart. The area must be big enough for the drill to successfully
turn around and maneuver. Drill seeding also requires an experienced operator. Seed sizes must be
carefully matched to boxes on the drill that are set appropriately not only for dispersal but for drilling
depths. In general, smaller seeds are spread on top and barely drilled, while the larger a seed, typically
the greater it’s required planting depth.
8.4.2 Broadcast Seeding
Broadcast seeding can require almost twice the amount of seed as drill seeding. This is due to
inevitable loss from desiccation, wind, and herbivory. The seed is mechanically spread by use of a
hydraulic mulch slurry blower, rotary spreader or a seeder box with a gear feed mechanism. In the
REC seed mix, the seed sizes are markedly different (e.g. sand dropseed is about 1/10th the size of
western wheatgrass seed) and it would be advisable to add rice hulls to the mix to allow more uniform
dispersal. Immediately following a broadcast seeding operation, seed would be lightly raked, loosened
with a chain harrow, dragged or cultipacked to provide approximately ¼ inch of soil cover over most
of the seed.
8.4.3 Timing of Seeding
Late fall is the optimum seeding time as many native seeds need a cold stratification period (i.e.,
exposure to cold conditions for an extended period) in order for them to break dormancy. Some
species do not require this stratification. A late fall seeding would be required for this effort so seeds
that do not need stratification would not be encouraged to germinate as they will not survive the first
hard frost. Seeding is best before the first snows begin to fall, but well after the first frost and before
the ground is frozen.
8.4.4 Seed Storage
There should be no need for seed storage as only the amount necessary for the project should be
ordered. However, if seed is left over, a storage area must be very cool, dark and dry. The longer seed
is stored, the more the corresponding reduction in viability is realized. Some of the species in the REC
App. B-11
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 10
mix will not last longer than a few months, such as mountain big sagebrush. The ideal moisture
content of a seed storage area is approximately 8% humidity.
9 Live Plantings
Two tree species and three shrub species are proposed for the vegetation screen between the sensitive
riparian areas and the upland areas on the REC. The (P) ponderosa pine (Pinus ponderosa) and (J) Rocky
Mountain juniper (Sabina scopulorum) will be planted on 30 foot centers. The (H) hawthorn (Crataegus
erythropoda), (S) three leaf sumac (Rhus aromatica ssp trilobata), and (R) Wood’s rose (Rosa woodsii) will be
planted on 15 foot centers in somewhat of a line as follows.
9.1 Figure 2: Planting Typical for Heronry Screening Areas
Long stretches of these plantings can be done or they can be grouped at designated sites. The final
planting design will be developed by Zehren.
App. B-12
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 11
9.2 Planting Instructions and Timing
A contractor with extensive experience in planting trees and shrubs is imperative. Using mulch (such
as bark mulch) at the base of every plant at a depth of 3 inches helps inhibit evaporated water losses
and suppresses weed growth.
Proper Timing: Potted plants are best planted at a stage when the species does not require a lot of
energy such as during flowering or seed production or even during dormancy. Spring or early fall are
best as soils can typically have some residual moisture either from melted snow or fall rains when
evaporative losses are not as significant due to cooler temperatures. Early spring plantings can give
plants enough time to go through shock and recover prior to the heat of summer. Planting in fall when
trees and shrubs are dormant can be tricky if a dry spell is encountered after irrigation is turned off and
new roots have not yet had time to establish. Timing of planting may also depend on stock availability.
Proper Microsite choice: Tree roots generally reach at least the same distance as the height of the tree
and often many times greater. Trees are also highly susceptible to root compaction and should be
planted far enough away from high use trails and roads. The hawthorns and three-leaf sumac will also
readily expand if given enough room. Planting on 15’ centers is planning for some die-off.
Root Care: Care must be taken to be certain roots are not crooked or have not been severed during
planting. Given the poor soil conditions at the site, holes should be dug 1 ½ times the size of the root
balls, and backfilled with higher quality soils to help with more rapid rooting and establishment.
Planting Depth: The surface of the surrounding soils and ground should be midway between the top of
the roots and the first limbs. In other words, just a few inches lower than the surrounding soils.
Planting too shallow is especially to be avoided, but so is planting too deep with the upland species
being used.
Timing of Watering: The plant must be thoroughly watered immediately after planting. Additionally,
adding water to the planting hole prior to planting is ideal.
Dri-Water® and PVC Tubes: The use of Dri-Water® (available through Rain Bird) may also be
considered to help insure the trees and shrubs are receiving adequate water. Irrigation will be set up by
REC for these sites, but traditional methods are often inefficient as much of the water supplied can be
lost to evaporation before it even reaches the majority of roots. The use of a deep-pipe irrigation
method set up for use with Dri-Water® can increase survival rates as water is delivered deeper into the
soils and rooted areas. A 2-6” diameter PVC pipe (or tube) about the height of the root ball, is buried
next to the plant. The tube has holes drilled equidistantly for water to drain out of it to reach nearby
roots. The tube can also be used with Dri-Water® gel packs which are inserted inside. The theory is
the gel releases water to the plant only when the plant needs it. These gel packs are also able to keep
the roots from getting too wet or too dry. Packs must be replaced every 1-3 months depending on the
size of the plant, and soil and climate conditions.
The number and size of gel packs and tubes needed to adequately irrigate a new planting typically runs
about $6-$9 per set-up. The tubes are close to $5 and the gel packs run between two to three dollars.
Caps or screens are also essential so as to assure animals do not get caught inside the tubes.
Fertilizing: Depending on soil test results, fertilizers will be used accordingly. If necessary, Osmocote®
fertilizer can be applied at small amounts to the base of the live plantings with excellent results.
9.3 Protection from Herbivory
Due to the presence of both deer and elk on the property, fencing any newly planted shrubs and trees
will be necessary for the success of the project. The seeded areas will also experience their share of
App. B-13
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 12
browsing pressure, but the live plantings will need extensive fencing for many years in order to assure
success. The most effective method and perhaps least time consuming when considered over several
years is to use 6 foot, 12 gauge, welded wire fencing and carefully placed wire fence posts for support
(Currently 100 foot rolls of this wire are prices at $182 at the Roaring Fork Co-op).
Rather than put one long fence up, the plantings could be done such that distinct areas are created with
enough space between to form a break in the fencing and essentially create islands of fenced trees and
shrubs instead. The vegetation screen would be created with distinct areas of trees and shrubs for
fencing purposes, yet still fulfill the goal of a lengthy, linear screen along key areas of the western
upland boundary visually and physically blocking riparian communities below. These fences will need
repair and inspection several times of year and will be required until shrubs and trees are large enough
to withstand deer and elk pressures.
10 Ponds and Wetland Features
River Edge Colorado is required to construct a pond within the conservation easement area, per
section 5. Reserved Rights (e). Per the Grant of Conservation Easement, the final location, scope and
dimensions shall be reviewed and approved by the RFC. This plan includes some recommendations
for the establishment of native wetland species for the long-term creation of functioning, high quality
wetlands. In addition, there will also be stormwater ponds which may be intermittently flooded or
saturated, and we present recommended native plant species suitable to such conditions.
Objectives
The creation of a 1.5 acre pond with saturated soils and emergent vegetation will provide potential
habitat for the Ute ladies’-tresses orchid, but also for amphibians such as northern leopard frog
(Lithobates pipiens), which is listed by the Colorado Division of Wildlife (CDOW) as a Species of
Concern. Northern leopard frogs were once common in the Roaring Fork valley, but have recently
seen a dramatic decline. The larger pond is also designed to provide buffering and screening device for
wildlife benefits in the conservation easement area. Constructed ponds will also help with flood
attenuation and water quality through filtering of potential runoff which otherwise may directly enter
surface waters.
Site Selection
The pond site was selected based on its location away from residential development and the potential
indirect impacts. This site is located on a native alluvial bench approximately 60 feet above the
floodplain, in an area previously seeing topsoil salvaging. Water would come off of the Glenwood
Ditch, and REC has ample water rights from this source, thus there would be no issue of keeping this
pond hydrated. Outfall from the pond would be through an engineered creek back to Cattle Creek.
This would also minimize any complications with disturbing additional wetland areas for re-delivery of
waters into the Roaring Fork, and it would minimize consumptive water use on the property, allowing
more instream waters to stay in the Roaring Fork watershed.
Site Protection Instrument
This pond site is on lands held in a conservation easement with Roaring Fork Conservancy, which is a
501(c)3 Land Trust organization based in nearby Basalt that specializes in watershed protection
through use of conservation easements. The Roaring Fork Conservancy (RFC) is in discussions with
REC at this time regarding the design, how monitoring and maintenance of the pond site, but both
parties are in agreement the pond construction is appropriate and consistent with the goals of the
conservation easement in the protection of conservation values.
App. B-14
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 13
Pond Work Plan
The pond area would be excavated out to approximately 5½ -feet below the existing grade, and then
topsoils would be redistributed to provide a growth medium. When the mitigation area is ready a
supply pipeline and open ditch will be excavated allowing waters from the Glenwood Ditch to passively
flow into the site. The grading of the pond would be done using laser-levels to ensure depths are
correct. This pond would also function as a stormwater structure (S. Otero 8140 Partners pers. comm.
2010), with approximately 2 feet of “freeboard”, or 23,256 gallons of additional stormwater capacity.
The permanent inundation area would be approximately 3 acre-feet, or 1.5 surface acres. Maximum
water depths would be 5 ½’ deep, but most of the pond area will have water depths from ½-feet to 3
½-feet in order to provide appropriate hydrology to maximize the ecological values of this site while
still providing some stormwater functionality. A head-gate will be installed at the diversion point in
case water regulation is needed to prevent the mitigation site from becoming too inundated. After the
hydrology to the site is fine-tuned, live wetland plant species will be installed.
10.1 Table 3: Suggested Wetland Species for Pond
Size Class
Alnus incana ssp. tenuifolia thinleaf alder #5
Asclepias incarnata marsh milkweed 10 cu in
Betula occidentalis river birch #5
Carex lanuginosa woolly sedge 10 cu in
Carex nebrascensis Nebraska sedge 10 cu in
Carex utriculata (C. rostrata)beaked sedge 10 cu in
Crataegus douglasii Douglas hawthorn #5
Eleocharis palustris creeping spikerush 10 cu in
Elymus lanceolatus ssp. lanceolatus 'C thickspike wheatgrass 10 cu in
Glyceria striata fowl mannagrass 10 cu in
Iris missouriensis Rocky Mountain iris 10 cu in
Juncus arcticus (J. balticus)Arctic rush, Baltic rush 10 cu in
Juncus dichotomous forked rush 10 cu in
Juncus ensifolius swordleaf rush 10 cu in
Juncus nodosus knotted rush 10 cu in
Juncus tenuis slender rush 10 cu in
Juncus torreyi Torrey's rush 10 cu in
Mimulus guttatus common monkeyflower 10 cu in
Pascopyrum smithii (Agropyron)western wheatgrass 10 cu in
Poa palustris fowl bluegrass 10 cu in
Prunus virginiana chokecherry #5
Ribes aureum golden currant #5
Salix drummondiana Drummond's willow #1
Salix eriocephala var. ligulifolia strapleaf willow #1
Salix geyeriana Geyer's willow #1
Salix lasiandra whiplash willow #1
Schoenoplectus acutus (Scirpus acutus)hardstem bulrush 10 cu in
Scirpus microcarpus panicled bulrush 10 cu in
Shepherdia argentea silver buffaloberry #1
Species
This mitigation site is scheduled to be built and planted in 2012, at least one-year prior to development.
Maintenance Plan
The RFC will hold the pond area within the boundaries of their conservation easement area, which is
not on lands owned by REC. As part of the agreement between the RFC and REC, the RFC will be
responsible for monitoring and maintenance of the condition of the pond area. Any needed work to
maintain the mitigation area would be documented by RFC, and RFC would hire local contractors or
use in-house resources to address any findings or needs to maintain the pond area.
App. B-15
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 14
Performance Standards & Monitoring Requirements
Annual reports documenting the status of the pond site would be at the discretion of the RFC. Annual
reporting would include descriptions of hydrology, wetland plant persistence, noxious weeds, and
siltation issues, annual photographs from photopoints, as well as a description of the function and
value of the pond area.
Relative cover for each species as well as for each life form (e.g. perennial grasses, perennial forbs,
shrubs) would also calculate to more clearly show the composition of the vegetation community in the
pond area.
Performance standards would include:
1. > 80% foliar cover of intentionally planted local natives or desirable local native wetland plant
assemblages as measured during the growing season.
2. < 5% noxious weed cover as measured during the growing season (including all State and
County listed weed species). Weeds that occupy >5% of foliar cover would need to be treated
in accordance with the State Noxious Weed Act- therefore some noxious weeds may need to be
eradicated immediately (following all required environmental protection standards). RFC’s
annual reporting would include brief descriptions of noxious weeds and how they were treated.
3. < 3% foliar cover from undesirable plant species. For example, this would include cattail
(Typha latifolia), Siberian elm (Ulmus pumila), and other potential non-locally native plant species
(such as escaped ornamentals). Undesirable plant species would be removed on an annual basis
with coordination from RFC. RFC’s annual reporting would include brief descriptions of
undesirable plant species and how they were treated.
4. At least 20% of the pond area should have saturated soils during the entire growing season to
facilitate recruitment of Spiranthes diluvialis.
5. No more than 70% of the pond area will have free-standing water with no emergent vegetation.
6. Recommend no human “user trails” and a general lack of human activities in the pond area.
This is to allow for full resource protection and wetland function of the pond. Some incidental
human activities in the pond would be allowed, but it should not negatively impact the plant
communities or function of the wetland resource. Evidence of human activities will be
reported in RFC’s annual reporting.
10.2 Stormwater Retention Ponds (Basins)
REC is proposing to construct open stormwater retention basins to collect, filter and allow the
infiltration of stormwater in order to avoid un-mitigated discharge of stormwater into area wetlands
and waters (per CDPHE requirements). These stormwater basins would therefore be inundated from
time to time, but would be allowed to dry in between stormwater events. In order to allow these
features to blend in with surrounding vegetation profiles, and still provide some environmental and
ecological benefits, the stormwater basins would be vegetated using local native species. A
combination of native sedges, rushes, grasses, willows and shrubs would be used (selected from Table
3 above). The final selection of actual species mixes would occur during final grading and construction
of the basins.
11 Site Stabilization
The revegetation of the open space areas would not require mulch or erosion control blankets, but
some steeper areas may see enhanced reclamation and erosion control measures. Until the site is
certified as “stabilized” by stormwater inspectors, erosion control devices and best management
practices would be employed (e.g., silt fence, wattles, etc.). Given the availability and use of irrigation
App. B-16
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 15
water to speed revegetation, the use of mulch would not likely be necessary except on more difficult
revegetation sites on the property.
Revegetation of benches and steeper slopes would essentially be the same as for open space areas, with
the exception of use of erosion control features and larger rocks to add topographical diversity, site
stabilization, and visual diversity. Steeper slopes would be left fairly rough during the final grading
process, as opposed to a very smooth surface. The soil roughening will help with minimizing erosion
potential and will benefit the native species used in site reclamation. Additionally, on site from 5 to
15% slopes REC would use a certified weed-free straw mulch and tackifyer to assist with soil
stabilization and soil moisture retention to help with site revegetation. On slopes steeper than 15%
erosion control blankets using straw and cotton netting may also be used. REC would be avoiding the
use of erosion control blankets with plastic netting due to the potential for wildlife catching on the
netting and being entangled or pulling up the blankets (the cotton netting tends to break in localized
areas which prevent wildlife from being caught and prevents large sections of blanket from being
pulled up).
On the slopes, REC will also plant containerized juniper, Gambel’s oak, and other shrubs to add visual
diversity and to speed the reclamation process. The final density and layout of these shrub plantings
would be decided later in the process.
11.1 Figure 3: Open Space Typical
App. B-17
River Edge Colorado Revegetation Plan 12/11/2010
RMES, INC. & EM ECOLOGICAL, LLC. 16
12 Weeds
Weeds, both state listed noxious weeds and ruderal, annual weedy species will continue to be the largest
challenge to a native seeding and planting project at REC. Clear, definitive actions must be taken on a
species by species basis and enacted quickly as soon as the weed problems arise. Herbicides and even
mowing will be necessary at early stages of the project, especially the first two years. Timing of
herbicides is critical so as to limit potential injury to desirable plants. Careful spot spraying will be
necessary (as opposed to broadcast spraying) as forbs and shrubs will have been planted with the native
grasses at the same time. Although some senescence and injury will occur to some of the native
seeding during herbicide treatments, the planting of the full suite of grasses, forbs, and shrubs fills
many more ecological niches and thereby provides for the best competition for potential weedy
invaders. A weed management plan created in response to what exists on the property now and in
conjunction with what begins colonizing the newly relocated topsoils will be key to success for any
newly revegetated areas. Please see the Wildlife and Vegetation Assessment Report for more
discussion on noxious weeds.
This report was produced with the support of:
App. B-18
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107°15'30"W107°15'30"W107°16'0"W107°16'0"W107°16'30"W107°16'30"W39°28'0"N
39°28'0"N
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Prepared By:
Prepared For:
Date:
PENDO Solutions
River Edge Colorado
11.08.2010VN
This product is for informational purposes and may not have been prepared for, or be suitable for
legal, engineering, or surveying purposes. Users of this information should review or consult the
primary data and information sources to ascertain the usability of the information. The maps are
distributed "AS-IS" without warranties of any kind, either expressed or implied, including but not
limited to warranties of suitability to a particular purpose or use.
Disclaimer:
FIGURE XX
Noxious Weeds
82
82
R o a r i n g F o rk R iv erRiver Edge Colorado Property
Other Property
Contour - 10 Ft. Major
Scale: 1" = 800'
Feet
0 800 1,600400
Canada Thistle
St. John's Wort
Burdock
Common Tansy
Houndstongue
Musk Thistle
Oxeye Daisy
Plumeless Thistle
Scotch Thistle
Common Tansy
Plumeless Thistle
Scotch Thistle
^_
^_
^_
^_
^_
^_
^_
^_
^_
App. B-19
Reclamation Plan
River Edge Colorado, Garfield County, Colorado
APPENDIX C1: PHASE 0 RECLAMATION AGREEMENT
App. C-1
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RIVER EDGE COLORADO
PHASE 0 IMPROVEMENT AGREEMENT
THIS RIVER EDGE COLORADO PHASE 0 IMPROVEMENT AGREEMENT (this
"Agreement") is made and entered into this ___ day of _________________, 2011 (the "Effective
Date"), by and between CARBONDALE INVESTMENTS, LLC, a Texas limited liability company
registered to do business in Colorado ("Owner") and the COUNTY OF GARFIELD, State of
Colorado, as a body politic and corporate (the "County").
Recitals
1. Owner is the owner and developer of the approximately 160 acre property located
along State Highway 82 ("SH 82") between the City of Glenwood Springs and the Town of
Carbondale near the junction of County Road 110/113 ("CR 113") and SH 82, which property is
legally described on Exhibit A, attached hereto and incorporated herein (the "Property").
2. Owner desires to develop the Property into a walkable clustered-form of residential
development with 366 residential units of various sizes and types, including 55 affordable homes,
passive and recreational open space, and a neighborhood center (collectively, the "Project").
3. In furtherance of the Project, Owner has filed with the County requests for approval of
(i) a rezoning of the Property to a planned unit development ("PUD") district, (ii) the River Edge
Colorado PUD Plan, and (iii) the River Edge Colorado Preliminary Plan.
4. Owner proposes to perform the reclamation and pre-development improvements
identified in this Agreement in order to prepare the Property for development of the Project.
5. Contemporaneously herewith, the County has issued a grading permit to Owner (the
"Grading Permit"), which Grading Permit is required for Owner to commence some, but not all, of
the County Improvements (defined below).
App. C-2
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6. Although not required by the Garfield County Unified Land Use Resolution of 2008,
As Amended (the "LUR"), Owner has agreed to execute and deliver a form of security satisfactory to
the County to secure and guarantee Owner's performance under this Agreement, as more fully set
forth below.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
promises contained herein, the County and Owner (the "Parties") agree as follows:
Agreement
1. OWNER'S PERFORMANCE OF IMPROVEMENTS.
a. Improvements, Generally. Owner shall cause to be constructed and installed
the improvements identified in Exhibit B (the "County Improvements") and Exhibit C (the "Third
Party Improvements"), attached hereto and incorporated herein. The County Improvements and
Third Party Improvements (collectively, the "Improvements") shall be constructed and installed at
Owner's expense, including payment of fees required by the County and/or third-party service
providers or other governmental and quasi-governmental entities with jurisdiction (such third-party
providers and/or entities being hereinafter referred to as a "Third Party Entity" or the "Third Party
Entities").
b. County Improvements. The County Improvements shall be completed on or
before the end of the first full year following execution of this Agreement (the "Completion Date")
in substantial compliance with this Agreement, all applicable requirements and standards set forth in
the Grading Permit, including any plans for construction incorporated therewith, and any other
applicable laws and regulations.
c. Third Party Improvements. The Third Party Improvements shall be completed
on or before the Completion Date in substantial compliance with this Agreement, all applicable
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requirements and standards of the Third Party Entity having jurisdiction over the subject
improvements and any other applicable laws and regulations. Notwithstanding any provision to the
contrary in this Agreement, construction of the Third Party Improvements shall be deemed complete
and in compliance with the requirements of this Agreement upon the County's receipt of written
documentation from the Third Party Entity having jurisdiction over such Third Party Improvements
that the improvements have been completed to the satisfaction of such entity.
2. SECURITY FOR COUNTY IMPROVEMENTS.
a. Security. As security for Owner's obligation to complete the County
Improvements, Owner shall deliver to the County, on or before fifteen (15) days of the Effective
Date, a form of security deemed adequate by the County and payable to the County (the "Security").
The Security shall be in an amount equal to the estimate of the cost to complete the County
Improvements, plus an additional ten percent (10%) of the total for contingencies, as set forth and
certified by Owner's professional engineer licensed in the State of Colorado on Exhibit D
(collectively, the "Cost Estimate"), attached hereto and incorporated herein. The Security shall be
valid for a minimum of three (3) months beyond the Completion Date (the "Expiration Date").
b. Extension of Expiration Date. If the Completion Date is extended by a written
amendment to this Agreement, the time period for the validity of the Security shall be similarly
extended by the Owner. For each individual extension that is in excess of six (6) months, at the sole
option of the County, the cost of completion of the remaining County Improvements shall be subject
to re-certification by Owner's engineer and review by the County. To the extent the cost of
completion of the County Improvements, plus an additional ten percent (10%) of such cost for
contingencies, differs from the face amount of the remaining Security, the amount of such Security
shall be adjusted upwards or downwards, as appropriate.
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c. Partial Releases of Security. Owner may request partial releases of the
Security by submitting to the Garfield County Building and Planning Department a "Written Request
for Partial Release of Security," in the form attached to and incorporated by this reference as Exhibit
E (each a "Partial Release Request"). Each Partial Release Request shall be accompanied by the
Owner's engineer's stamped certificate of partial completion of the County Improvements
("Engineer's Certificate of Partial Completion"), which certificate shall state that the County
Improvements have been constructed in accordance with the requirements of this Agreement. The
County shall authorize successive releases of portions of the Security as portions of the County
Improvements are certified as complete.
d. County Inspection. Upon Owner's submission to the County of a Partial
Release Request with the required Engineer's Certificate of Partial Completion, the County may
inspect the County Improvements certified as complete in the Partial Release Request to determine
whether the improvements have been constructed in substantial compliance with this Agreement,
subject to the following:
i. The County shall have fifteen (15) business days from the County's
receipt of the Partial Release Request (the "Initial Inspection Period") to (1) conduct an
initial inspection of the County Improvements identified in the Partial Release Request and
(2) furnish a letter of potential deficiency (a "Deficiency Letter") to Owner if the County
determines that all or a portion of the subject improvements are potentially deficient.
ii. In the event the County fails to provide Owner with a Deficiency
Letter on or before the expiration of the Initial Inspection Period, the County Improvements
identified in the Partial Release Request shall be deemed approved and the County shall, on
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or before ten (10) business days after the expiration of the Initial Inspection Period, release
the amount of Security attributable to such improvements.
iii. If a Deficiency Letter is timely issued and the Deficiency Letter
identifies potential deficiencies with some, but not all, of the County Improvements that are
identified in the Partial Release Request, then the County Improvements not identified as
potentially deficient shall be deemed approved by the County, and the County shall, on or
before ten (10) business days of issuing the Deficiency Letter, release the amount of Security
attributable to the County Improvements deemed approved.
iv. The County shall have fifteen (15) business days from the date of
issuance of the Deficiency Letter (the "Final Inspection Period") to (1) complete its
inspection (a "Final Inspection") of any County Improvements identified as potentially
deficient in the Deficiency Letter and (2) provide written confirmation to Owner of any
deficiencies. If, upon completion of its inspection, the County finds that the County
Improvements identified as potentially deficient in a Deficiency Letter are complete, then the
County shall, on or before ten (10) business days after expiration of the Final Inspection
Period, release the amount of Security attributable to the County Improvements deemed
approved.
v. No Security attributable to any County Improvements determined to be
deficient shall be released to Owner.
e. Final Release of Security. Upon completion of all County Improvements,
Owner shall submit to the Building and Planning Department a "Written Request for Final Release
of Security" in the form attached to and incorporated herein as Exhibit F (the "Final Release
Request"), along with Owner's engineer's stamped certificate of final completion of the County
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Improvements ("Engineer's Certificate of Final Completion"). Upon the County's receipt of the
foregoing, the County shall inspect and approve any County Improvements not previously deemed
complete, and release the Security attributable thereto, in accordance with the timeframes and
procedure set forth in paragraph 2.d above. Notwithstanding the foregoing, at such time as all
County Improvements required under this Agreement are deemed or determined by the County to be
complete (the "Determination of Final Completion"), the amount of the Security shall be reduced
to ten percent (10%) of the cost of those County Improvements identified on Exhibit B as the
"Landscaping Improvements" (the "Reduced Security"), and the County shall, on or before ten
(10) business days after the Determination of Final Completion, release the remaining amount of the
Security.
f. County Completion of County Improvements and Other Remedies. If the
County determines, in its reasonable discretion, based on a Final Inspection that any or all of the
County Im provements identified in a Partial Release Request or Final Release Request (i) are not
complete and (ii) cannot by satisfactorily completed by the Owner by the Completion Date, then the
County may withdraw and employ from the Security such funds as may be necessary to construct the
County Improvements, up to the remaining face amount of such Security. In such event, the County
shall, prior to requesting payment from the Security, make a written finding regarding Owner's
failure to comply with this Agreement in accordance with the provisions of Section 13-106 of the
LUR. In lieu of or in addition to drawing on the Security, the County may bring an action for
injunctive relief or damages for the Owner's failure to adhere to the provisions of this Agreement
regarding County Improvements.
Notwithstanding the foregoing and any other provision of this Agreement to
the contrary, the County shall provide the Owner an opportunity to cure any identified deficiency(ies)
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or violations of this Agreement, as set forth in paragraph 4 of this Agreement, prior to requesting
payment from the Security, including initiating the forfeiture procedures set forth in Section 13-106
of the LUR, filing for injunctive relief or damages, or seeking any other remedy at law or in equity.
g. Warranty for Successful Vegetation. Owner shall be responsible for installing
and maintaining the Landscaping Improvements in accordance with the standards set forth in
Exhibit G ("Revegetation Standards"), attached hereto and incorporated herein. Notwithstanding
the foregoing, for a period of one (1) year from the Determination of Final Completion (the
"Warranty Period"), the County may, if it reasonably determines that Owner is not maintaining the
Landscaping Improvements in accordance with the Revegetation Standards, withdraw and employ
from the Reduced Security such funds as may be necessary to properly maintain the Landscaping
Improvements, up to the remaining face amount of the Reduced Security. In such event, the County
shall, prior to requesting payment from the Security, make a written finding regarding Owner's
failure to comply with this Agreement in accordance with the provisions of Section 13-106 of the
LUR; provided, however, that County shall provide the Owner an opportunity to cure any identified
deficiency(ies) or violations of the Revegetation Standards, as set forth in paragraph 4 of this
Agreement, prior to requesting payment from the Security, including initiating the forfeiture
procedures set forth in Section 13-106 of the LUR.
On or before ten (10) days after the expiration of the Warranty Period, the
County shall release to Owner the remaining Reduced Security.
3. INDEMNITY. The Owner shall indemnify and hold the County harmless and defend the
County from all claims which may arise as a result of the Owner's installation of the County
Improvements and the Third Party Improvements. The Owner, however, does not indemnify the
County for claims made asserting that the standards imposed by the County are improper or are the
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cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of
the County or its employees. The County shall notify the Owner of receipt by the County of a notice
of claim or a notice of intent to sue, and the County shall afford the Owner the option of defending
any such claim or action. Failure to notify and provide such written option to the Owner shall
extinguish the County's rights under this paragraph. Nothing in this paragraph shall be construed to
constitute a waiver of governmental immunity granted to the County by Colorado statutes and case
law.
4. BREACH OR DEFAULT OF OWNER. A "breach" or "default" by Owner under this
Agreement shall be defined as Owner's failure to fulfill or perform any material obligation of Owner
contained in this Agreement. In the event of a breach or default by Owner under this Agreement, the
County shall deliver written notice to Owner of such default, at the address specified in paragraph 8
below, and Owner shall have sixty (60) days from and after receipt of such notice to cure such
default. If such default is not of a type that can be cured within such 60-day period and Owner gives
written notice to the County within such 60-day period that it is actively and diligently pursuing such
cure, Owner shall have a reasonable period of time given the nature of the default following the end
of such 60-day period to cure such default, provided that Owner is at all times within such additional
time period actively and diligently pursuing such cure.
5. BREACH OR DEFAULT OF COUNTY. A "breach" or "default" by the County under this
Agreement shall be defined as the County's failure to fulfill or perform any material obligation of the
County contained in this Agreement. In the event of a breach or default by the County under this
Agreement, Owner shall have the right to pursue any administrative, legal, or equitable remedy to
which it may by entitled.
6. ENFORCEMENT. Subject to paragraph 4 above, in addition to any rights provided by
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Colorado statute, and the provisions for release of Security, detailed in paragraph 2 above, it is
mutually agreed by the County and the Owner, that the County, without making an election of
remedies, shall have the authority to bring an action in the Garfield County District Court to compel
enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require
the County to bring an action for enforcement or to withdraw unused Security. In addition, the
County may, but shall not be required to, pursue any of its enforcement remedies as applicable,
pursuant to Article XII of the LUR.
7. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be
binding upon and inure to the benefit of the successors and assigns of the Owner and the County.
8. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives
of the Owner and the County, identified below, are authorized as contract administrators and notice
recipients. Any notices, demands or other communications required or permitted to be given in
writing hereunder shall be delivered personally, delivered by overnight courier service, or sent by
certified mail, postage prepaid, return receipt requested, addressed to the Parties at the addresses set
forth below, or at such other address as either party may hereafter or from time to time designate by
written notice to the other party given in accordance herewith. Notice shall be considered given at
the time it is personally delivered, the day delivery is attempted but refused, the day following being
placed with any reputable overnight courier service for next day delivery, or, if mailed, on the third
day after such mailing.
TO OWNER:
Carbondale Investments, LLC
Attn: Rockwood Shepard
7999 Highway 82
Carbondale, Colorado 81623
Phone: (970) 456-5325
Fax: (___) ___-______
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With a copy to:
Brownstein Hyatt Farber Schreck, LLP
Attn: Carolynne C. White, Esq.
410 Seventeenth Street, Suite 2200
Denver, Colorado 80203
Phone: (303) 223-1197
Fax: (303) 223-0997
TO THE COUNTY:
Garfield County Building and Planning Department
Attn: Building and Planning Director
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
9. AMENDMENT AND SUBSTITUTION OF SECURITY. This Agreement may be
modified, but only in writing signed by the Parties hereto, as their interests then appear. Before any
extension of Completion Date is considered, Owner shall certify that all taxes and assessments on the
real property subject to the Agreement are paid in full. If such an amendment includes a change in
the identity of the provider/issuer of security, due to a conveyance of the Property by the Owner to a
successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the
County, along with the original security instrument. Notwithstanding the foregoing, the Parties may
change the identification of notice recipients and contract administrators and the contact information
provided in paragraph 8, above, in accordance with the provisions of that paragraph and without
formal amendment of this Agreement.
10. FORCE MAJEURE. Any excusable delay in Owner's construction and installation of the
Improvements, including, without limitation, acts of God, war, terrorism, inclement weather, labor
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disputes, building moratoriums or other governmental impositions, abnormal labor or material
shortages, or other similar matters or causes reasonably beyond the control of Owner shall extend the
time period during which this Agreement requires certain acts to be performed for a period or periods
equal to the number of days of such delay.
11. SEVERABILITY. If any covenant, term, condition, or provision of this Agreement shall,
for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such
covenant, term, condition, or provision shall not affect any other provision contained herein, the
intention being that the provisions of this Agreement shall be deemed severable.
12. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deemed one and the same
instrument.
13. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or
related to this Agreement shall lie with the District Court of Garfield County, Colorado, and this
Agreement shall be construed according to the laws of the State of Colorado.
[Signature Pages Follow]
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IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this Agreement,
the Parties have set their hands below on this day of ,
2011.
OWNER:
CARBONDALE INVESTMENTS, LLC,
a Texas limited liability company
By: _______________________________
Name:_____________________________
Its: _______________________________
COUNTY:
GARFIELD COUNTY, a body corporate and politic
By: _______________________________
Name:_____________________________
Director, Garfield County Building &
Planning Department
[Acknowledgement Page Follows]
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STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me by ________________________, an authorized
representative of CARBONDALE INVESTMENTS, LLC, Owner of the Subdivision, this ___ day
of __________________, 2011.
WITNESS my hand and official seal.
My commission expires: ____________________________
_______________________________
Notary Public
App. C-14
Exhibit A
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EXHIBIT A
PROPERTY
App. C-15
Exhibit B
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EXHIBIT B
COUNTY IMPROVEMENTS
App. C-16
Exhibit C
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EXHIBIT C
THIRD PARTY IMPROVEMENTS
App. C-17
Exhibit D
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EXHIBIT D
COST ESTIMATE
App. C-18
Exhibit E
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EXHIBIT E
WRITTEN REQUEST FOR PARTIAL RELEASE OF SECURITY
App. C-19
Exhibit F
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EXHIBIT F
WRITTEN REQUEST FOR FINAL RELEASE OF SECURITY
App. C-20
Exhibit G
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EXHIBIT G
REVEGETATION STANDARDS
App. C-21