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HomeMy WebLinkAbout1.0 ApplicationSkeEch BlanPreI].mrnarY Pran FinaI PlaE SUBDIVISION APPLICATION FORM Jltl 2 2 1992 GARFIELD COIJNTY SUBDIVISION NAME: owNER: &- 5, n LOCATT9N: Sect ion Z'/ /J Z{ Township Range WATER SOURCE , r*< ( | 78 c,-t ENG I NEER,/PLANNER,/S URVEYOR : tq/rv',lu^ )SEWAGE DISPOSAL METHOD: PUBLTC ACCESS VIA: (Pon EXTSTING ZONING: EASEMENTS: Utility Ditch TOTAL (t) DEVELOPMENT AREA: Residential 16 , I A.otz 5 Number >2- (2t Single Famiy DupIex Multi -familyl"lobile Home Commerc iaI ( 3) Industr ial (4) Public/Quasi-PubIic ( 5 ) open SPacer/Common Ar ea TOTAL: PARKING SPACES: Res idential Commercial Industrial Acres sq.ft. sq. f t. )-- Acres I Corrtacts: Orrrre r ,/ -^:eol- i earr i. ./ P l- arrrre r ! Carborrdal-e f.arrd Derze I-oa>rnerrt Ccrra>orat i<crr ( Cf.nc )c/o Scott Writer P-O- Elo:< 9705, Asa>err Te-I-ea>trorre 3 920-447 7 See E><tribi c C (C=rc.ificate of Good" Starrdirrg ) arrd E:rtribit. D (cf.oc FLesof-r.rtiorrs ) Elrgirreers 3 Civ i-L /Gerrers.l : S clrrnrr(e E; e r Go rcl.orrIrrc - ( sclvl)Dearr Gordorr Me5rer. 1OO1 Grarrd Arze, Srrite 2-E G1errr^rood Sf>rirrgs , CO a I-60I- Te I- ea>trcrrre i 945 -I-()O4- I{ater 3 F[e sorrr c e Errgirr(eerirrg, f nc -Fifer & Parr]- S Arre -Sprirrgs , CO = 94.5-6777 R.-Scott Co etL6L2 Corpora.te Elrrs s;orn.e €}O2 Grarrd GI- errr^rood Te I- ea>trorre Errrr i rorrrrrerrta I- : CTT-/TtrornS>son, Irre -Jotrrr Lvfechl- irrg 234 Cerrter Drirze Gf- errr^rood SE>r irrgs . CO A 15O f- 1feI-ea>horre : 945-2AO9 f,egal- ! f,ee f.earrerrrsorttr 1011 Grarr<A Arre P-O- Drav{rrer 2O3O G-I-errr^yood SE>rirrgs, CO etl6Oz TeI-ea>trorre i 945-226 L T T I t T I I I I T t I I t I I I I I TEE PRELI}.iINARY PLAN SUBMISSION FOR THE Garfield County, Colorado A project by: Carbondale Land Development Corporationc/o Scott lfriter President Post Office Box 9705 Aspen, Colorado 81512 Telephone: 920-1477 t t I T VIOODEN DEER SUBD IV I S I ON Garfield County Subdivision Regulatious Adopted and Enacted April 23, 1984 4: OO PTLEf.IMI}TATLY Pf.AhT SIJBMITTAI, I 4:40 SUBMITTAL REOUIREMENTS:I T T t t T T T I T I I T I I 4:41 l{ap Index: Preliminary PIan l.[ap 1 - Preliminary PIat Preliminary PIan Map 2 - 2 Foot Contour and vegetation map Preliminary PIan l.tap 3 - Road Prof ile Preliminary Plan Map 4 - Drainage Plan Preliminary PIan l.lap 5 - Utility Map Preliminary PIan l,lap 5 - Water Details Preliminary PIan Map 7 - Water Details Preliminary PIan Map I - Individual Sewage Disposal System Exhibit Index: Exhibit A - Adjacent owners list and mapExhibit B Legal description - Title CorunitmentExhibit C - State of Colorado Certificate of good standing, Carbondale tand Development Corporation (CLDC) Exhibit D - CLDC corporate resolutionsExhibit E - I{ater documentsExhibit F - Environmental documents Exhibit G - Fire protection maps and informationExhibit H - Individual Sewage Disposal Systems 4:50 PRELI}TINARY PLAN }TAP: A. Name of Subdivision: Wooden Deer Subdivision B. Specific Information reqardinq the preparation of the maps: See Map I C. Location and boundaries: Located northeast of theintersection of County Roads 103 and 104. Bisected byCounty Road 104 in the southwest corner of theproperty. Leoal descriotion of oro'iect:S?f* SW+ of Section 24 Lot 3 and NI{* DII{* of Section 25, township 7S Range 88W of the 6th PM, Garfield County, CoIorado. See Exhibit B for completelegaI description. l: l: l: lr lr lr lr lr l,rI I T T I D.Contacts: Owner/App 1 icant/Pl anner: Carbondale Land Development Corporation (CLDC) cl o Scott l{riterP.O. Box 9705, Aspen, CO 81612 Telephone: 920- 4477 See Exhibit C (Certificate of Good Standing) andExhibit D (CLDC Corporate Resolutions) Enqineers:Civil /General : Schmueser Gordon Meyer, Inc. (SGtt) Dean Gordon 1001 Grand Ave, Suite 2-E Glenwood Springs, eO BI6OLTelephone: 945-1004 Water: Resource Engineering, Inc.R. Scott Fifer & paul S. Bussone 802 Grand Ave. Glenwood Springs, CO Telephone: 945- G777 Environmental: CTL/Thompson, Inc. John t{echl ing 234 Center Drive Glenwood Springs, CO 81601, TeI ephone : 945 - 2 80 9 Leqal : Lee Leavenworth10tl Grand AveP.O. Drawer 2030 Glenwood Springs, CO 81602Telephone: 945-2261 Vicinitv map: See Map 1 Adiaeent Owners: See Exhibit A Site PIan ttap: See l.l,ap 1 Easements: See Map 1 E. F G. H. I. t Standard Lot Setbaeks:County setbacks will apply. 1. K. L. T t T T I I I I t T I T T T J.Land Use Breakdown: Existinq Zoninq: A/R/RD(Agricul tural /Residential/RuraI Density)a. Uses by right: Single family dwelling and customary accessory uses. !,tinimum l ot area: 2 acres Maximum lot coverage: 15t percent l{inimum setbacks:-Front: 50' from street centerline or25' from front line-Rear yard: 25' -Side yard: 10' from side line or half theheight of the principal building, whicheveris greater.e. l{aximum height of buildings: 25' b. d. 2. 3. 4. 5. 6. Total development area:98.1 acres Total number of lots proposedz 22 Total number of dwellinq units proposed: 22 Non-resideatial floor space: None. Total number of individual dwellins units ocrstructure: One primary residence and one caretakerunit al lowed per lot (as al I owed in Countystandards) with provisions prohibiting the rentalof the caretaker units and requiring that primarystructures and caretakers units be attached (see "Additional Information below for more details). paragraphs 3A and B" 7. 8. Total number of off street parkinq spaces: None. TotaI proposed density:1 single family dwellingunit per 4.46 acres. Topoqraphy: See I'lap 2 for 2 f oot contour lines. Common open space not reserved or dedieated to the I T t T T public: None. l.{. Sites to be reserved or dedieated f or publ ic parks .schools and other public buildinqs facilities or use: None. Street qrades: See Map 3N. 1. 3. 4. E 6. t: l: lr lr lrll lr It T 4 : 50 ADDITIONAL INFOR}iATION: A. Proposed terms of common faci I ities : The fol I owingfacilities and/or area(s) shall be considered commonand be maintained and managed by the to be formedwooden Deer Homeowners Association. Al I costsassociated with the upkeep of these facilities shall bebudgeted for in advance and expensed on an equal lot bylot basis quarterly: Communitv gilater System: AI l piping, wel ls , pumps,pump house, tanks, chlorination system and othercosts normally associated with the system shall beshared equally. Roadwavs: Seasonal and structural maintenance. l.lail and Trash Collection Area: A area for mailand trash collection will be provided near theentry of the project. the mail distributionfacility will be provided for the owners as partof the development plan. In this same area roomwil 1 be saved for a ful 1y encl osed trashcollection facility. Room for this trash facilitywill be reserved in this area should the homeoltners elect to pursue trash service. This areawill be bermed and landscaped to mitigate anypotentially negative visual impaets as best as isreasonably possible. Said trash facility shall be entirely enclosed,including a roof and doors with adeguate Iatchesto prevent wildlife from gaining access to thefacility, in an aII wooden structure built to embody the quality of the Wooden Deer Subdivision.The structure shal 1 be stained, o! painted, acolor harmonious with the natural surroundings andhidden from view as much as is reasonablypossibl e. Siqns. Administrative Costs: Standard administrativecosts associated with the running and managementof the Homeowners Association. Emerqency only fire eoress/inoress. B.No proposed phasino. I I I I Access to public rioht-of-wav: See Map 1 D. E. c. D. T T T t T T T T T T T t t I T T T T t I. Access available from Countywest portion of property. See 2. Access available from Countyproperty. Road 104 in south- Scarrow Survey. 103 through Powers Off street parkinq: None. Eorl and toposraphical information:See Exhibit F F. lJ. H. Radiation Evaluation: See Exhibit F Not Applicable. TitIe Conunitmeut: See Exhibit B 4Z7O SUPPLEI{ENTAL II{FOR.}iATION: GEOLOGY. SoIL, VEcgrerlou ITIo WILDLIFE A&8. Geoloqv and Soils: See Exhibit F 1. From: CIL Thompson, Inc., November 13, 1991, PreI iminary Geo 1 ogi c and GeoteehnicalInvestigation ( report) 2. From: CTL Thompson, Inc., December 4, 199I, PreI iminary Geo I ogi c and GeotechnicalInvestigation ( Ietter) 3. From: CTL Thompson, Inc., January 7, 1992,RE: soils and grades (letter) Veqetation: See !,tap 2 and Exhibit F glildIife: In an effort to build and manage asubdivision which is as wildlife friendly as possible Ispoke with Rick Adams of the Colorado Division oft{ildlife. Based on these discussions the followingcovenants shall be imposed: I. Domestic Animals: A lof o$rner wilI be aIlowed tokeep a maximum of 3 dogs on his property. Dogs shal I not be permitted to run free or cause anuisance in the Subdivision. No dogs shall beallowed beyond the boundaries of the lot owned bythe persons where the dog is housed unlessaeeompanied by a person in full control of suchdog. Dogs shal I be I eashed, chained, fenced,kenneled or housed at all times. The Homeowners Association shal I have the right toassess and enforce penalties against violating Z. 2 1. T I I T T T I I I T T T t T T I T I t these restrictions as follows: 5100.00 for the first violation committed by an osrners dog and 5100.00 plus S50 for each subsequent violation such that the fine increases in $50 increments for each succeeding violation. Should any dog be caught chasing or molesting deer, e1k or other wild or domestic animals, the Homeolrners shal l be authorized to prohibit the property o$rner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other owners' domestic animals. Huntinq and Gunfire: No hunting or gunfire shall be permitted within the Subdivision at any time. A lot o$rner hEy, consistent with the requirements of the law, destroy or remove wildlife which constitutes a nuisance. Fencinq: The Architectural Committee must aPProve the type and location of all fencing prior to instal lation. Barbed wire fence shal I be prohibited. Chain Iink fence will only be permitted when used for a limited sized dog run (allowable size to be determined on a site by site basis) or garden area (not to exceed 2,000 square feet) and only where not presenting a visible nuisance to any other lot within the subdivision.otherwise only wooden fencing shall be allowed within the subdivision. One basis for consideration by the Architectural Committee of fencing will be how it affects wildlife. Any large areas of fencing shal 1 be wooden and not exceed 42 inches in height. The bottom pole shall be no less than 24 inches from the ground. Fencing must always be approved by the Architectural Committee. 4:80 SUPPLE}iENTAL INFORI,IATION: DRAINAGE PLAN SEC MAP 4 . 4:90 SUPPLEHENTAL INFORTiI.ATION: T,TILITY PLAN SEC MAP 5. 4:91 WATER SUPPLY PLAN: (See }taps 5, 6 and 7, and Exhibit E) Exhibit E index: To: District Court , Water Division No. 5, Colorado, Case No. 9ICSI189, Amended AppIication For Underground Water Rights, Change Of Water Rights, And For Approval Ot PIan For Augmentation, Concerning the application for water rights of: Carbondale Land Development Corporation Prepared by: Lee Leavenworth 2. T T T I T I T I I T T t T T T I From: Leavenworth and Lochhead, P.c. and Resource Engineering, Inc., December 20, 1991 RE: Water Demands Prepared by: PauI Bussone To: Colorado Division of Water Resources,I{el1 permit applications for filing on behalf of CLDC. Prepared by: Lee Leavenworth To: State of Colorado, office of the State Engineer,WeIl Completion and Test Report,gIeIl Permit Number: MH-18353 (Wooden Deer No. 1) Contractor: Shelton DriIling Co. 5. From: Resource Engineering Inc., November 27, 1991, RE: Wooden Deer Well No. 1,Results of pump test. Prepared by: PauI Bussone 6. From: Resource Engineering, Inc., December 11, 1991, RE: Results of water quality test Prepared by: PauI Bussone and John C. Kephart and Co. 7. From: Schmueser Gordon Meyer Inc., December 5, 1991, RE: Domestic Water System Requirements Prepared by: Dean Gordon 8. From: Resource Engineering Inc., Oetober 29, 1991 RE: Wooden Deer Subdivision Water Requirements Comparisons of water usage for various development aI ternatives . Prepared by: PauI Bussone NOTE: The glooden Deer Subdivision received approval for its contract from the Basa1t glater Conservancy on Its regularly scheduled meeting of January 13, L992. A copyof this contract has not yet been received by CLDC. 4:92 SANITARY SEWAGE DISPOSAL PLAN: (See lrtap 8 and Exhibit F) D&8. From: CTL Thompson, Inc., November 13, 1991, PreI iminary Geo I ogi c and Geotechnical Investigation D&8. From: Schmueser Gordon Meyer Inc., January 1992, Individual Sewage Disposal System 7 3. 4. T T T 20, The ofato be t t I T t I I I T I T T T T I I t t T ADDITIONAL INFORI.TATIOI{ 1. Fire Control and Safequards:(See Exhibit G and MaP 5) A.Description of improvements, access and covenants: one IO,OOO gallon cistern, maintained exclusively for fire control , shal I be I ocated at the southern end of the subdivision. Access shalI also be provided to the Fire District to the community domestic system storage tank of 50,000 gallons in the northlrn section of the property' 11.access 6" pipe I ocated in the cul de sac area ( See ttaP 5 ) . iii. An emergency fire entrance from, and exit to, county noad tog will be Provided from the northern section of the property. This, along with the main entrance, provides- acclss and egress from both the north and Lhe south sections of the proPerty. The northern access will be provided through an agreement with the Martins (contiguous land ogrners t; the north - see Exhibit A) to provide an easement to cLDc over the existing driveway through the Martin ProPertY. iv. The Architectural Conunittee shal I consider the building standards specified by the Pamphlet "Protecting Your HomL From gritdfiEe," a joint publication as issued by the us Forest service, Itre National Fire Protection Association, the National Association of State F oresters and the Bureau of Land Management, when reviewing building aBplications within the Subdivision. No shake or "treated' shake roofs will be aI10wed in the subdivision. Metal roofs or other fire resistent roofs will be required. vi. Al I propane,or similar tanks for fuel for household use, wil I be encl osed, buried or screened, as best determined by fire control and prevention experts and Committee. the Architectural to the community tank shal I be by way line from the tank to a fire hydrant T T T I T T I T T I I T t I T T t T I B. Index of Exhibit c (Fire protection maps and information): i. Map of fire related improvements. ii. t{artin PIat iii. Letter of Intent between Martins and CLDC 2, Proposed Deed Restrictions (throuoh covenants): The finalproject wilt include covenants which wiI I set forth a minimum of the following rules and regulations governing the Subdivision: A. Permitted Uses: i. I sinqle familv dwellinq, together with structures appurtenant thereto, shal I be constructed on any lot in the subdivision. The minimum size of said dwelling shall be 1,800 square feet, exclusive of open porches, decks, carports, basements and garages. The maximum size shall be 7,000 square feet exclusive of open porches, decks, carports, basements and garages. No future lot splits will be allowed. Maximum height of the Primarystructure shal I not exceed 25 feet. ii. "earetaker's" Unit: An attached "caretaker's" unit shall be permitted, otl lots over 3 acres in si.ze, to be constructed along with each dwelling unit. The "caretaker's" unit shall not exceed 750 square feet in size, exclusive of open porches, decks, carports and garages. The square footage of the "caretaker's" unit shall not be included in the minimum or maximum amounts of square footage for the residences as provided in paragraph 3-A-i above. "Caretaker's" unit shall be used only in association with the principal residence use of each lot and may not be rented. The "caretaker's" rrnit is sub ject to Garf ield County Special Review. No Iot under 3 acres wilI be allowed to have a "caretaker's" unit. iii. outbuildinos: Greenhouses shall be permitted with in the Subdivision so long as they do not exceed 500 sguare feet. The square footage irrigated within the greenhouse shal I count against the t T T t I I I I T T T t I I I T I I T maximum allowed irrigation per lot of 2,000 square feet. One auxiliary building, such as tool sheds, work areas, detached garages and the Iike shall be permitted so long as it does not exceed I,000 sguare feet. No outbuilding shall contain Iiving ficilities or kitchens, but may be Plumbed for running water. No outbuilding, greenhouse or any other building, other than the primary structure, may exceed 12 feet in height. Reasonable variances may be granted by the Architectural Conunitted when requests to screen or mitigate unsightly propertY, or property which requires screening through the covenants, are made or required. B.Underoround Utilities: [.Iith respect to the nel, construction or extension of any utilities, all water, sewer, gaS, electrical, telephone, cable television or other utility pipes or lines within the Subdivision shal I be buried underground and not be carried on overhead poles, oE above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the burying of said utilities shall be revegetated by and at the expense of the owner of that lot no later than the next growing season after installation. glater Manaoement: The Homeowners Association wil I supply domestic water from it's well system to all lots within the Subdivision. Each owner shall be responsible for providing a water metering system acceptable to the Homeowners Association for the purPose of metering and charging for water usage, with the goal of encouraging eonservative use of all water. A tiered water billing system will be implemented to discourage wasteful use of water resources anC encourage conservative use of water resources. The submitted Augmentation PIan (Exhibit E) calls for a total potential demand of 15.434 acre feet (3.940 a.f. consumptive use). cLDc will commit to not allowing any one home to exceed a 22nd share of this water. CLDC will commit to have the usage by individual homes, and the subdivision as a whole, monitored on a quarterly basis. By monitoring the water use on a home by home basis this will prevent one homeowner from using more than his allotment even if the subdivision is using less than its total allotment both on an annual, quarterly o!, if neeessary, on daily basis (based on quarterly or weekly data). CLDC will commit to limit water usage on a daiiy basis IO of in I T T I t T T I I T I I T t I I T T T (from quarterly data - though, if necessary, weeklY data may be required) based on TabIe I, 9ilater Requirements - Wooden Deer Subdivision (page 3 in the engineering report attached to the Augmentation PIan Exhibit E) . This limitation wil I aPpIy to the subdivision on the whole as well as individual lots. Each lot will be allowed a certain number of gallons per day based on the monthly allowable totals from shown below). The total number of gallons allowed per lot and for the entire subdivision per day, based on the monthly acre feet allowed by the augmentation plan (Tab1e I - Column 3), are as follosrs: WOODEN DEER - AUGI,IENTATION PLNI BREAKDOI{N Tab1e 1 divided by the number by the total number of lots MONTH I,IAXIMUM TOTAL SUBDIVISION GALLONS PER DAY* January 1.099af = 357 ,175February 0.993af = 322,725llarch 1.099af = 357 ,175April 1.134af = 368,550 ltay 1.537af = 499,525June 1.666af = 54I,450July I.669af = 542,425August 1. 467af = 47 6 ,775 September l.377af = 447 ,525October 1.195af = 388,375 November 1.053af = 345 ,475December 1.099af = 357, 175 (assuming I acre foot days in the month and the subdivision (as MAXIMUM }'IAXIMUM GALLONS PER TOTAL DAY PER LOT GAL. /DAY 523 i1,506523 11,505523 11,506558 L2 ,27 6732 16, L04820 18,040795 L7,490699 15,378678 14,915569 12,518523 11,505523 11,506 equals 325,000 +/' gallons) * af = Acre foot, monthlyTableI-Column(3) af measurement from The above chart represents a "maximum use allowable" on water usage. Language will be added to the glooden Deer covenants which wiII encourage "zero scape" landscaping, or other landscaping techniques which emPI oy the use of indigenous, drought resistent, plants which require minimal irrigation. Landscaping wiI I be subject to "Architectural Review" thereby giving the Architectural Committee control over Iandscaping elements and, indirectly, water use. No Iot wilI be allowed to irrigate more than 2,000 sguare feet, including any 11 square footage irrigated in a green house. Farm Animals: No farm animals shalI be Permitted within the Subdivision. With the exception of horses which shall not be permitted to board overnight within the Subdivision. No horse or Pasturing facilities of any kind shall be built within the Subdivision. Architectural Committee: No improvement of any kind including but not limited to, dwelling units, garages, outbuildings, swimming pooIs, tennis courts, ponds, parking areas, fences , waI 1s , driveways , aDtennae, satellite dishes, propane tanks, curbs and walks shall be erected, altered or permitted to remain with in the Subdivision, nor shaIl any excavating, tree cutting, and clearing or landscaping be done in conjunction therewith unless the complete architectural plans and specifications and a site plan showing the location and orientation thereof are aPProved by the Architectural Committee prior to commencement of such work. i. General Re<ruirements: The Architectural Committee shall exercise its best judgement to see that all improvements, construction, landscaPing and alterations within the Subdivision harmonize to the greatest extent possible with the surroundings and with other struetures as to design, materials, color, siting, height and other design features. It shall also endeavor to protect and preserve the visual character of the proPerty and preserve and maintain the trees in the Subdivision. In its review of any proposed development activity the Architectural Committee shal I evaluate, among other things, the materials to be used on the outside of the buildings or structures , including exterior col ors , 1 ocation with respect to topography and finished grade elevations and harmony of landscaping with the natural setting, the native trees, and other vegetation within the Subdivision. ii. Fencino: The Architectural Committee must approve the tyPe and location of all fencing prior to instal 1 ation. Barbed wire fence shal I be prohibited. Chain Iink fence wil I only be permitted when used for a limited sized dog run (aIlowable size to be determined on a site by site basis) or garden area (not to exceed 2,000 square feet) and only where not presenting a visible nuisance to any other lot within the subdivision. otherwise only wooden fencing shall be allowed within the subdivision. one basis for l2 b. c. I I I I I I I I T T T I I I I t I I I consideration by the fencing will be how it areas of fencing shal I inches in height. The than 24 inches from always be approved by iii. wildfire: (see "Fire ].V.Shinv Materials: contain exterior are reflectivehiY, or may not, the discretion of Arch:Ltectural Committee of affer:ts wildIife. AnY Iarge be wooden and not exceed 42 bottorn pole shall be no less the ground. Fencing must the Architectural Committee. No building or improvements shall roofs or siding material,s which or shiny. Special consideration be made for solar collectors at the Architectural Committee. Con'Ero1 and Safegaurds" above )a. The Architectural Cormmittee shal l consider the building standards specified by thepamphlet "Protecting Your Home From Wildfir€," a joint publication as issued by the US Forest Service, the National Fire Prot ect i on Association,the Nat i ona I Association of State Foresters and the Bureau of Land Management, when reviewing building applications within the Subdivision. No shake or "treated' shake roofs will be allowed in the subdivision. Metal roofs or other fire resistent roofs will be required. AIl propane, or similar tanks for fuel for household use, wilI be enclosed, buried or screened as best determined by fire control and prevention experts and the Architectural Conunittee. v. Serviee Yards and Trash:Elquipment,service yards be permitted they receive approval . Al 1 from alI lots be allowed to therein. vi. tiohtinq: The Architectural Committee shal 1 consider exterior lighting plans and wil I recommend that al I exterior I ighting (with exceptions for lighting necessary for safety) be directed towards the aPpIj-cants property. It will also recommend that aIl lot owners make every effort possible to iimit the use of exterior Iighting at night.The intent behind these considerations is to preserve the rural characterof the Subdivision as rnuch as Possible while maintaining a safe atmosphtrre. or storage piles on any lots may during the constructiorr ifArchitectural Committee review rubbish and trash shal I be removedin the Subdivision and stra1l not accumulate and shall not ber burned 13 I I I I I T I t T I T I t I I I t t I vii . open !{eadow Areas: Af trer al l roadways and dr@n constru,sted the olrners of lots 2,3,4 and 5 will not be;permitted to disturb in any way the oPen field, mosLly north and partially south of the Proposed roadway. This field is to remain open, natural and undisturbed. The olrners of these lots must confine aIl improvements to the heavily wooded portions of their lots. I,{ith the only exception being the construction of a drivewaY. a. The Wooden Deer Homeowners Association will have the right to build or plant a visual screen on or near the northern boundary of the property if it deems it necessary to screen the effects of development of property not under the Homeowners control. F. Enclosure of Unsiqhtlv Facilities and Equipm9nt: AII unsightl y equipment , vehicl es ( including, but not limiled to boals, mobile homes, trucks and trailers), facilities, work areas and other items shal I be enclosed within a solid covered structure or appropriately screened from vierir by planting or f encing approved by the Architectural Conunittee. 3.Prooertv Line Disputes: A. The Section corner 23, 24, 25 and 26 is currently being disputed by Ron and Margey Martin, adjacent oltners to the north. This case is currclntly in f ront of the Interior Board of Land Ad justmerrts ( IBLA) in ?lashington D.C. The Garfield County surveyor and the Bureau of Land Management have both issued opinions against the !'lartin claim. The Scarrow corner is monumented with a County Surveyor caP. If two parties can come togel[her and mutually agree upon a pioperty line any outsi6e determination of that Iine is- invalid. I have entererl into negotiations with the Cerises to the south, l{arEins to the north, the Harris's to the east, the Blues to the east and south, t{rs. Hammes and t{r. Johnson to the east, and the Powers' to the west in an ef :tort to reach mutually agreed upon lines. In each case progress has been congenial and steady and though formal agreements have yet to be reached bi the time of this submission, final iesolution wiI I be reached, and supporting documentation ready, by the ti:me this apPlication wilI be heard by the Planning and Zoning Commission in March. 14 T I I T I t ! I I I T I T I T T T T I B><}IIETIT I\ Adiacent Land Owners: Pareel Number/Acres Owner(s)/LesaI Address 1) 2393 254 00 265 BIue, Jean M. (318.39 acres) 0401 County Roard I04 Carbondale, CO 8I623 2) 2393 252 00 203 Harris, Charlesi & Margaret (7.050 acres) 0323 County Roerd 104 Carbondale, cO 81623 3) 2393 252 00 2O4 Harris, GIen & Susan Waldo-Harris (2.580 acres) 0323 County Road 104 Carbondale, CO 81623 4) 2393 243 00 139 Martin, Ronald T. & !'largery A. (8.170 acres) 1584 County Ro:rd 103 Carbondale, cO 81523 5) 2393 243 00 194 Martin, Ronald Theodor & l'largrery Anne (4.650 acres) fSe+ County Road 103 Carbondale, CO 81523 6) 2393 234 00 131 Powers, John G. (7LL.42 acres ) Academy For Edrucational Devel opment 730 WeIlman Av,enue N. Chelmsford, MA 01853 7) 2393 243 00 181 Hammes, Michael N. & Lenore L. (22.26 acres ) f 490 Bookside rlommon Annapolis, MD 21410 8) 2393 244 00 292 Johnson, William N. & Marilee R.(16I.55 acres) 1870 County Road I03 Carbondale, CO 8I623 9) 2393 253 00 158 Clifford Cerise Ranch Company (109.55 acres) 0085 County Road 104 Carbondale, CO 81623 T I ,,,,,, l'.,' ',]. Ti :.t lr E T ;':ir,ii,i :f ,lli$ 4ri',' SEE MAP +TzL NO.. , 2393-26jze-.+ CE r25) j s, (r (@ t I t AD/7- T 7t "+ -l I 9 zs -'+ I l- 8r - - 2 393 -36r -O0-005- - @ t t @ ,,@ _L, (@ q trtr M AP I I T T t T I I I t T I I I I T I I I t* Am.rlcln Llnd Tltl. Artocirtlon Commitm.nt - Modlfhd 1O/73 et..!. ': '...rt=T:* :- *s.itlr-.r ;'9: .'' - r,\, .: t -+.:. '',':j ,*_.:,.7:2 COMMITMENT FOR TITLE INSURANCE . - . , ISSUED BY 'r. . STE'WAR.T TITLE G}UA RANTY COMPTINY STEWART TITLE GUARANTY CO valuable consideration, hereby comm , herein called the Company, for of title insurance, as identified in Schedule A, in favor of the proposed or interest covered herebv in tlfi, la premiums and charges therefor; alttul owner or mortgagee of the estate ule A, upon payment of the es A and B and to the Conditions and Stipu lations hereof. This Commitment shall be effectitft proposed lnsured and the amount of the policy or policies committi le A hereof by the Company, either at the time of the issuance endorsement. This Commitment is preliminary tci or policies of title insurance and all liability and obligations hereunder after the effective date hereof or when the policy or policies first occurs, provided that the failure to issue such policy or polici y. This Commitment shall not be valid or binding until countersigned IN WITNESS WHEREOF, the mitment to be signed and sealed, to become valid when countersigned by with its By-Laws This Commitment is iiied-officerbf,a,gent of the Company, all in accordance isottnfdiii shown in Schedule A as "Effective Date." *';-.?r'*q. ISTRT TITLE J , gbar{ftr- /q*,a Chairman of the Eoard Presiden t Cou ntersrgned by:4&L Authorized Signatory Company City, State seriarNo C.1601 - 21,6 7 3i3 t 7. ) SCHEDALE A ORDER NAI,IBER : 9L0L9223 C)MI4ITMENT NAMBER: N/A EFFECTIVE DATE: September 05, 1997 at 7:45 A-M. POLICY OR POLICIES TO BE ISSAED: APIOUNT OF INSARANCE A. ALTA OWNER'S POLTCY .5 355,ooo.oo PROPOSED INSURED: CARBONDALE LAND DEVELOPPIENT CORPORATION B. ALTA LOAN POLICY PROPOSED INSURED: TBD C. ALTA LOAN POLICY PROPOSED INSURED: D. S THE ESTATE OR INTEREST IN THE LAND DESEI?IBED OR REFERRED TO IN THIS COTilMITI,IENT AND COVERED HEREIN IS FIIE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED JT.N: GRACE L. COWEN THE LAND REEERRED TO IN THIS COI,IMITMENT IS DESCRIBED AS FOLLOWS: SEE ATTACHED LEGAL OWNERS:9 572.00 T4ORTGAGEE: I 50. 00 TAX CERT. I 70.00 SHORT TERPI RATE APPLIED Examiner: BeckyCLoser: Cindy sg STEW,ART TITLE OF GLENWOOD SPRINGS, TNC, 807 COLORADO AVENAE GLENWOOD SPRTNGS, CO. 81-501 ( 303 ) 945-5434 FAx .NO. ( 303 ) 945-708L 3. 4, T t I I I t T t I t I T I I 99C-1 S'TE\vAFIT TITLE OUANANT' COIIPATI UNTERSTGNATARE I I I I I T I I T I I I T t I T I T I SCHEDULE A PROPERTY DESCRIPT]tON oRDER No: 91019223 TOWNSHIP 7 SOUTH, RANGE 88 WEST OF TTIE 6T[I P.}I. Section 242 SW1/ISWL/4 Section 252 Lot 3 and NW1/4NW1/4 EXCEPTING TTIEREFROM; A parcel of land situated in Lot 3 and the Northwest one-quarter of the Northwest one-guarter (lyfll/4NWL/4) of Section 25, Township 7 South, Range 88 West, of the 6th Principal Meridian, County of Garfield, State of Col,crado, being more particularly described as follows: Note: The basis of bearings for this description is N. 03 degrees 59'57" E. (assumed) between the Southwest corner of said NW1/4NW|/4, monumented with a Bureau of Land Management Cadastral Survey aluminum cap and the Northwest corner of said Section 25, monumented with a Garfield County Surveyor's brass cap, both found in place. Beginning at the Northeast corner of said Lot 3, being common with the Southeast corner of said Nw1/4Nw1/4, which is monumented with a rebar and aluminum cap LS No. 18478, properly marked and in place; thence along the East line of said Lot 3, S. 03 degrees 23'51" w., 784.12 feet to the Southeast corner of said Lot 3; thence along the South line of said Lot 3, S. 89 degrees 23'11" W., 2L6.L4 feet; thence along said fence line, N. 00 degrees 12'18" W., 847 .L6 f eet; thence N. 89 degrees 391 47 " E., line of said Nw1/4Nw1/4; thence along said East line, S. feet to the Point of Beginning. EOUNTY OE GARFIELD STATE OF COLORADO 269.41, feet to the East 03 degrees 23'51-" W. , 63.79 S'I'E\VAR.'f TITLI] CUARANTY COMP NY I T SCHEDULE B SECTION ]. I oRDER NUMBER: 910i-9223 colaI,rrrMENT NUrIBER: n/ a I REQUIREMENTS TIIE FOLLOWING ARE THE REQUIREIVTENTS TO BE COMPLIED WITH: I rTEIvt (A) PAYMENT TO oR FoR THE ACCoUNT oF'IHE GRANTORS oR r'loRTGAGoRs OF THE FULL CONSIDERATION EOR THE ESTATE OIT INTEREST TO BE INSURED. I rrEM (B) pRopER rNsrRUliENT(s) .REATTNG THE ESTATE oR TNTERE.T ro BE. INsURED MUsT BE ExECUTED AND DULY FILED FOIR RECORD, TO WIT: I 1. Execution of Affidavit as to Debts and Liens, which isI attached or wiII be provided at closing. I 2. Deed f rom vested owner, vesting f ee si:mp1e title in I purchaser(sr. - 3. Deed of Trust from the Borrower to the Public Trustee for t the use of the proposed lender to secure the loan. I - ;" of Glenwood Springs, Inc. wiII provide any copies of exceptions as shown on Schedule B - Section 2. T T T I I I I I I S'I'E\l'AtrRT TIa'LI:) GUARANTY COMPANY I I SEHEDULE B SEETION 2 EXCEPTTONS I .RDER NUMBER: 91019223 COI|IIIITMENT NUMBER: n/ a TTIE POLICY OR POLICIES TO BE ISSUED WTLL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SA},TE ARE DISPOSED OF 1TO THE SATISE'ACTION OF TIIE COMPANY: I I T t I I T T T T T I I t I I 1. RIGHTS OR CLAIIUS OF PARTIES IN POSISESSION NOT SIIOWN PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDAIR.Y LINES, STIORTAGE ENCROACHMENTS, AND ANY FACTS WTIICH A CORRECT SURVEY INSPECTION OF THE PRE}IISES WOULD DTSCLOSE AND WHICH BY THE PUBLIC IN AND ARE AREA, NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR |SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER EURNISHED, II{POSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. DEFECTS, LIENS, ENCUD{BRANCES, ADVE:RSE CLAIIT{S OR OTHER MATTERS, IF ANY, CREATED, EIRST APPEARING I:N THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFEECTIVE DATE HEREOE BUT PRIOR TO TTIE DATE PROPOSED INSURED ACQUI.RES OF RECORD EOR VALUE THE ESTATE OR INTEREST OR MORTGAGE TTIEREON COVERED BY THIS COMMIT}IENT. 6. g{ATER RIGHTS, CLAIMS OR TITLE TO W,ATER. 7. Any and aII unpaid Laxes and assessments and any unredeemed tax sales. 8. The effect of inclusions in any general or specific water conservatrcy, fire protection, soil conservat,ion or other district or inclusion in any water service or street improvement Elf€El r 9. Right of the proprietor of a vein or lode remove his ore therefrom, should the same be or intersect the premises hereby granted, as States Patent recorded Sept,ember B, 1899 in as Reception No. 2L973. to extract and found to penetrate reserved in United Book L2 at Page 526 10. Right authority of of of of way for ditches or canals constructed by the Unit.ed States, ds reserved in United way for ditches or canals constructed by the United States, ds reserved in Unitedin Book LL2 at Page the States 526 as the States 4BB as S'I'E\I'AR'f TITLIJ GUARANTY COMPANY Patent recorded September 8, f899 in Book L2 at Page Reception No. 2L973. 11. Risht authority Patent recorded February L6, l-9LB Reception No. 60718. Continued on next page t I T T I T I T I T t T I t I T I t T CONTINUATION STIEET SCHEDULE B SEETION 2 ORDER NUMBER: 91019223 COMMITMENT NUMBER: n/a L2. Road Viewers Reports recorded Decernrber 28, 1888 Record Book 1 at page 103 as Reception No. 8169 and February 16, L920 in Road Record Book 1 at page 143 No. 70022. 13. Road petition recorded February L6, L920 in Road 1 at page 14 as Reception No. 7002L. L4. Easement and right of way for Count.y Road L04 across the southerly portion of subject property. in Road recorded as Reception Record Book S'[ E \T'A FI'I' T I A'L I, GUARANTY COl(PANY I I\'- I t - ', I c"- CONDITIONS AND STIPULATTONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. lf the proposed lnsured has or acquires actual knrowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or anterest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be reliared from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. lf the proposed lnsured shatl disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Scheclule B of this Commitment accordingly, but such amendment shall not reliane the Company from liability praniously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this commitment shall be only to tha named proposed lnElred and such parties included under thre definition of lnsrred inthe form of policy or policies committed for and onlly for actual loss incurred in reliance hereon in undertaking in good faith (a) to cromply with the requirement hercof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. ln no arent shall such liability exceed the amount st6t0rd in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed lnsured which are hereby incorporated by reference and are made a part of this Commitment except as expresly modified herein. Any claim of loss or damage, whether or not based o,n negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STE.\^rAFTT TI'TLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BER which appears on the bottom of the front of the f irst pageof thiscommitment. 1. 2. 3. 4. I T T I I T t T T T I T I t T I t Page 5 E;<I{IBT:T CI I TI /5*1i 6i'-,#;ilQ;Ie/ -.Xi{'i:i1-Y \C\i;'/ -E -\ol'r\tO 1:)/*'lSrarnffip/unaoo DepnnrMENT OF STATE CERTIFICATE: I, NAIALIE AEYER, Seetetaty of State of Colotado hereby certtfy tbat Acootdtag to the recoeds of tJlls off lee CARBONDALE TAIID DEVELOPAENT CORPOJ?A?TO}f(cotonam coRPoRATror) the State of .has eomp lTed wlt.h the appTlcabla provlslons of the lavs of t.he State of CoTorado aad on tlrls date Is In good standtng and aut.hotlzed and competent to transa<tt buslaess or to conduct lts affal,rs rlt.hla t.his state, Dated: iIALY 24, 1989 SECRETARY OF STATE I T I T t I T t I t I T T I I I I I I E><}IIBIT EI CARBOITDALE LAND DEVELOPI.IEIIT CORPORATION CONSENT RESOLUTIONS OF THE BOARD OF DIRECTORS January l, 1989 Tbe following resolutions were d"uly ad.opted. by consent of entlre Board of Dlrectors of Carbondale Land Developon CorporatLon as of January 1, L989 all pursuant to Provlslone the Colorado Corporatlon Code: BE IT RESOLVED thet the following persons be and are hereby desiSnated asi officers of the Corporation to serve for the ensuin6 year or until their sucessors sha11 Lre duly elected: Scott Vriter President Janet F. Kistler SecretarY Bruce Kistler - Vlc'e-Fresident Suzannne B. Vrlter - Ass't Secretary Dated: January 1, 1989 BEING Kist ler ALL OF THE DIRECTORS Kist ler DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 91CW189 AMENDED APPLICATION FOR I]I{DERGROT]ND WATER RIGIITS, CHANGE OF WATER RIGIITS, AND FOR APPROVAL OF PLAN FOR AUGMENTATION CONCERNING THE APPLICATION FOR WATER RIGHTS OF: CARBONDALE LAND DEVELOPMENT CORPORAfiON, in Garfield County, Colorado t t I I I T I T T T I T T T T T t I I 1.Name and address of Applicant: Carbondale I-and Deveiopment Corporation c/o Mr. Scott Writer P. O. Box 9705 Aspen, CO 81612 c/o kavenworth & Lochhead, P.C. 1011 Grand Avenue P. O. Drawer 2030 Glenwood Springs, CO 81602 (303) 94s-2261 FIRST CLAIM APPLICATION FOR UNDERGROUND WATER RIGHT Name of weil: Wooden Deer Well No. 1. I*gaI description of well: A well located in the Southwest ll4 of the Southwest 1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M., at a point 800 feet from the south line and 4000 feet from the east line of said Section 24. A. Source: Groundwater tributary to the Roaring Fork River. B. Depth: 350 feet. 4. 5. I t I I T I I I I T T T T I T T T I t Date water applied to beneficial use: nla* IIow appropriation was initiated: By field location of weil site and formulation of intent to aPrProPriate water- Amount claimed: 50 g.p.m-, conditional' Use or prorposed use: Domestic and irrigation' Legal description of land to be iEigated: Southwest Ll4 of the Southwest 1/4 of Section 24, andthe Northwest 1/4 of Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield CountY, Colorado- 9. Name of weil: Wooden Deer Well No' 2' tO. I*gal description of weil: A well located in the Southwest lt4 of the Southwest 1/4 of Section Z+, iownship 7 South, R rrg" 88 West of the 6th P.M', at a point 770 feet from the south line and +iso reet from the east line of said Section 24' 11. A. Source: Groundwater tribuary to the Rouing Fork River' B. Depth: 350 feet- 12. A. Date of appropriation: September 19, 1991' B. Date water appiied to beneficial use: nla" C. IIow appropriation was initiated: By field location of weil site and formuiation of intent to aPProPriae water' 13. Amount claimed: 50 g.p.m', conditional' L4. Use or proposed use: Domestic urd irrigation' 15. I*gal description of land to be irrigated: Southwest 1/4 of the Southwest ll4 of' Section 24 urdthe Northwest l/4 of Sectiin 25, Township 7 South, Range 88 West of the 6th P.M., GarEeld CountY, Colorado' B. c. 6. 7. 8. C:\FIIIS\CLDC.3AP Oaoba3l. l99l I T T I I T T I I t I T I I I T t I T 16. 17. THIRD CLAIM APPLICATION FOR UNDERGROI]ND WATER RTGI{T Name of weil: Wooden Deer Well No. 3. I*gal description of welL A well located in the Southwest tl4 of the Southwest 1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M., at a point 380 feet from the south line and 4200 feet from the east line of said Section 24. A. Source: Groundwater tributary to the Roaring Fork River. B. Depth: 350 feet. A. Date of appropriation: September 19, 1991- B. Date water applied to beneficial use: nla- C. IIow appropriation was initiated: By field location of well site and formulation of intent to appropriate water. Amount claimed: 50 g.p.m., conditionai. Use or proposed use: Domestic urd irrigation. Irg3t description of tand to be irrigated: Southwest 1/4 of the Southwest 1/4 of Section 24-urd, the Northwest 1/4 of Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado. FOI]RTII CLAIM APPLICATION FOR UNDERGROUND WATER RIGIIT Name of well: Wooden Deer Well No. 4. Irgal description of weil: A well located in the Southwest Ll4 of the Southwest 1/4 of Section 24, Township 7 South, Range 88 West of ttre 6th P.M., at a point 100 feet from the south line and 4800 feet from the er$ line of said Section 24. A. Source: Groundwater tributary to the Roaring Fork River. B. Depth: 350 feet. 26. A. Date of appropriation: September 19, 1991. c:u:Jr Eq\cLDc.3N, Ocrob.r3l.199l 18. t9. 20. 2t. ,., 23. 24. 25- -3- I I B. Date water applied to beneficial use: nla. I C. IIow appropriation was initiated: By field tocation of well site and formulation I of inrcnt to aPProPriate water. t n. Amount claimed: 50 g.p.m., conditional. 28. Usc or proposed use Domestic urd irrigation. I Zg. Irgal description of land to be irrigated: Southwest 1/4 of the Southwest Ll4 ofsection 24 atd the Northwest t/4 of Section 25, Township 7 South, Range 88 West of the 6th I P.M., Garfietd County, Colorado. I FIFTII CLAIMI APPLICATION FOR UNDERGROUT.{D WATER RTGIIT I 30. Name of well: Wooden Deer Well No. 5. r 31. kgal description of weil: A weil located in the Northwest Ll4 of the Northwest 1/4 of I Sdtion 25, 'iownship 7 South, Range 88 West of the 6th P.M., at a point 4810 feet from - the south line and 4600 feet from the east line of said Section 25. I 32. A. Source: Groundwater tribuary to the Roaring Fork River. r B. De,pth: 350 feerI33. A. Date of appropriation: September 19, 1991. t B. Date water applied to beneficial use: nla. I C. Ilow appropriation was initiated: By fietd location of weil site and formulation I of intent to aPproPriate water. I 34. Amount ciaimed: 50 g.p.m., conditional. 35. Use or proposed use: Domestic and irrigation. I 36. Legztdescription of land to be irrigated: Southwest L/4 ofthe Southwest 1/4 of Section 24 and the Northwest 1/4 of Section 25, Township 7 South, Range 88 West of the 6th I P.M., Garfield County, Colorado. I I 8ff,[ffi'* I I I I I T I T I I t I I T I T I T T I 37. 38. Name of welL Wooden Deer Well No. 6. Irgat description of well A weil located in the Norttrwest Ll4 of, the Norttrwest Ll4 of, section 25, iownship 7 south, Range 88 West of the 6th P.M., at a point 5050 feet from the south line and +OSO feet from the east line of said Section 25. A. Source: Groundwater tributary to the Roaring Fork River. B. Depth: 350 feet. 40. A. Date of appropriation: September 19, Date water appiied to beneficial use: IIow appropriation was initiated: By field location of well site and formuiation of intent to aPProPriate water- Amount claimed: 50 g.p.m., conditional. Use or proposed use: Domestic and irrigation. I-egat description of land to be irrigated: Southwest 1/4 of the Southwest 1/4 of Section 24 and,the Northwest 1/4 of Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield CountY, Colorado. SEVENTH CLAIM APPLICATION FOR CI{ANGE OF WATER RTGIIT 44. Decreed name of strucn:re for which change is sought Basait Conduit, a feature of the Basait Project. 45. From previous Decree: . -,: A. Dated entered: June 20, 1958, Case No. 4613, Garfield County District Court B. Desreed point of diversion: A point on the Ieft bank of the Fryingpan S]o-T the NE t+, t*w 1/4, Section 18-, Township 8 South, Rang! 84 West of the 6th p.M. at the head of the outlet tube for Ruedi Reservoir whence the Southwest corner of Section 7, Township 8 South, Range 84 West of the 6th P.M. bears C:\FILES\CLDC.3AP Ocrobcr 31. 1991 39. 1991. nla..B. c. 41. o. 43. SD(fiI CLAIM -5- c. D. 47. 49. T I t I T T I I t I I T I I I I T t T North 79"00 fect West a disance of 2,0L7.1 feet- Source: Fryingpan River Appropriation Date: IutY 29, 1957 Amounn 450 c.f.s. Historic use: N/A, conditional water right 46. proposed changc The Applicant proposes to eshblish alternate points of divenion for the gasalt Conauit water right at the poinS of diversion of the Wooden Deer Well Nos- I through 6, agplied forherein, foruse withitr theWooden Deer Subdivisionas described in the Lppficaion for Ap'proval of Plan for Augmentation set forttr below. Applicant proposes to change " totat of 100 g.p.m. (.112 c.f.s.) to the six wells, with toal combined diversion at ail six wells not to exceed 100 g.p.m., 8d diversions at any well not to exceed 50 g.p.m. (.056 c.f-s.). Narre of stnrctures to be augmented: Wooden Deer Well Nos. L,2,3,4, 5 urd 6, the decrees for which are being claimed in this case. prcvious decree for waler rights to be nsed for augmentation: Up to 4.2 aczefeet of water to be s€cured from the Basalt Water Conservancy District's water allltment contrast with the Br.reau of Reclamation for Ruedi Reservoir Water. Ruedi Reservoir is an on<hennel rcservoir located in the Northwest Ll4 of the Northeast 1/4 of Section 18, Towus6ip 8 South, Range 84 West of the 6th P.M. Ruedi Reservoir was originaily d;eed for i40,697.3 acre-fect in Civil Action No. 4613, GarEeld County District Court on June 20, 1958, with ur appropriation date of Iuly 29, L957, for hydro-electric Power generation, irrigatton, muni"ipa, domestic, industrial, piscatorial, and stock watering i.o. SoUtequently, in Case No. W-789-76, Ylater Division No. 5, the amount of water decreed to Ruedi Reservoir was reduced from 140,697.3 acre'feet to 101,369 acrc-feet- Statement of plan for augmentation, covering all applicabie matters under C.R-S. i37'92' 103(9), -gu(fltZl, urd--305(8). The Applicant is currently under contract to purchase hnd jineraily iho*n on the map located in ttre engineering analysis attached hereto and located in the Southwest 1/4 of the Southwest tt4 of Section 24, and the Northwest 1/4 of Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield County. The Applicant intends to suUaiviae the property into twenty *ro Q2) parcels for twenty two tC ringf"-family homes. Each parceiwi[ have one primary residence T{r - attached .ar"t t"i unit. Eactr parcel wil be allowed 2,000 square feet of outside irrigation- The C:\FIIIS\CLDC.3AP Octobcr 31. f99l EIGHTII CLAM -6- t t t ! domestic and irrigation needs of each parcei will be served by the Wmden Deer Well Nos. 1 through 6, which will be augmented by water from Ruedi Reservoir. Each of the twenty nvo 12a parcets will have a one single-farriiy unit with a careaker unit, with an assumed demand of 5.25 per person per parcel * 525 gallons per day per parcel (in- house only). The Applicant anticipates that wastewater treatment and disPosat will be by septic ianl/leach hlld systems with an estimated consumptive use of frfteen p€rc€nt iri ni in-house diversions. Outside irrigation will use sprinklers with an estimated irrigation efEciency of eighty percent. The irrigation requirement is estimated to be Z.qgeacre-feet irrigated with a consumptive use of 1.996 acrefeet Per Y@: Although each well permit is for 50 g.p.m. and 15.5 acrefeet annually, the combined maximum pumping &prAty shall be tirniteA to 100 g.p.m. with an annrul diversion limit of 15.5 ifidect foi att wells. The oal amual diversions are 15.434 asre-feet with 3.94 aml feet of depletions. Tabte I in the engineering anatysis anached he-rcto Presents both the domestic ura irrigation water requiremenS for the twenty two (22) parcels- 50. Transit losses between the outlet of the Ruedi Reservoir and the point of depletion are estimated to be five perceut of the potentiat annual augmentation requirement. Depletions from the 'ri[s wifl effect the Roaring Fork Rirrer throughout the year. Altirough the Wooden Decr Well Nos. 1 through 6 water rights would be in priority duing fortions of the year, the Applicant plans to provide augmented water out of Ruedi neserv6ir !o cover onl hundred percent of the maximum annual depletions due to the diversions of the wells to adequately protcct downstream vested wat€r rights. Rdfses will be made from the Ruedi Reservoir pursrant to iE contract with the Basalt Water Conservancy District, in amounts equat tottre out+f-priority stream- de,pl*ion associated with diversions under said water rights or as directed by the Division Engineer- 51. Name and address of owners of land on which structures are located: The Wooden Deer SuMivision tand is now owned by Grace L. Cowen, P. O. Box 10, Carbondale, CO 81623,which is under contrast to the Carbondale Land Development Compury; utd the Ruedi Reservoir and Basalt Conduit are located on land owned by the United States Bureau of Reclamation, Great Plains Region, P. O. Box 369@, Billings, UIT 591107. 52. The Ap,plicant wiil submit well permit appiications to the State Engineer's Office for the wels ai applied for in ttris application. Tte weil permis or denials of weil permits will be filed with this Court beforc entry of decree- WHEREFORE, the Applicant respectfully requests the Court to enter a decree awarding the underground water righti set forttr in the Fir$; Second, Third, Fourth, Fifth and Sixth Claims, .ip."ing the Change of Water Rights requested in the Seventh Claim, and approving the Plan for Augmentation set forth in the Eighth Claim- T T T I I T I I I t I T t T I C:\FILES\CLDC.3AP Ocroba3l. l99l :7- Dated this 8th day of November, 1991. Name and address of Applicant: Carbondale I:.nd Development Corporation c/o Scott Writer P. O. Box 9705 Aspen, CO 81612 LEAVENWORTH & LOCHI{EAD, P.C. Attorneys for Applicant Glenwood Springs, CO 81602 Phone (303) 945-2261 Attorney Registration No. 6696 I I T t T T T t T I T T I I I T T I T VERIFICATION STATE OF COLORADO COUNTY OF GARFIELD I, Loyal E. kavenworth, state under oath that I have read this AMENDED APPLICATION FOR UNDERGROUND WATER RIGIITS, CHANGE OF WATER RIGHTS' AI{D FOR AppRovAL oF PLAN FOR AUGMENTATION and verify its contents. Subscribed and sworn to before me this ffO^t of November, 1991, by Loyal E' Leavenworth. WTINESS my hand and official seal. My Commission expires: / t-tt-8 ?a ) ) ss. ) WATER RIGHTS AND PLAN FOR AUGMENTATION FOR WOODEN DEER SUBDIVISION CARBONDALE, COLORADO Prepared By: Resource Engineering, lnc. 802 Grand Avenue, Suite 302 Glenwood Springs, CO 81601 October 30, 1991 I I T I I T t I I T T T I T T T T t I lNTRODUCTION Location Project D WATEB REOUIR WATER SUPPLY WATER RIGHTS STREAM D PLAN FOR AUG TABLE 1 - WA TABLE 2 . WA FIGURE TABLE OF CONTENTS New Wat Rights Augme Water Rights Alternate of Diversion ENTATION LIST OF TABLES REOUIREMENTS R AUGMENTATION SCHEDULE LIST OF FIGUBES B RIGHTS LOCATION MAP on S PAGE 1 1 1 1 4 4 4 tr 6 6 7 3I 2 I T I I I I I I t t I I t I t I I I T LOCATION The proposed 24 and the NW%, County, Colorado. Each lot willbe animals will be in area and lies on e east side of the Crystal Spring Creek drainage approximately 314 mile above the Roaring Fork River.thE confluence PROJECT The proposed consists of 22 single family lots with a minimum size of two acres each. Each lot will be allowed to have one primary residence with an attached caretaker unit not exceeding 900 feet in area. INTRODUCTION Deer Subdivision is located on a parcel of land in thE SW%, SW%, Section Section 25, Township 7 South, Range 88 West of the 6th P.M., Garfield A location map, Figure l, is attached. The parcel is approximately 105 acres a maximum of 2,000 square feet of lawn and garden irrigation and no farm in the subdivision. No commercial or industrial development is allowed. The development be served by a central water supply system consisting of wells, storage facilities and Each well will be metered separately and each lot will have an individual water The domestic was will be treated by individual septic tank and leach field systems. WATER REAUREMENTS The water for the development will include in-house use for 22 single family residences and 22 aretaker units. The in-house water requirements were estimated based on an average of 3.5 per single family residence, each using 100 gpd (gallons per day). Each caretaker unit was considered to equal one-half of a single family residence. Therefore, each lot was allowed an of 525 gpd for in-house use. The irrigation requirements for the development were based on the water demand for lawn grass at this loca and elevation using the Blaney-Criddle method. Table 1 presents average monthly water nts for the proposed development. t T T IIIIIII'IIIIII'IIII TABLE 1 WATER REOUIREMENTS - WOODEN DEER SUBDIVISION (ACBE FEETI MONTH TOTAL DEMAND CONSUMPTIVE USE ' (11 nn[rFsTili (21 I AWN 'i:::j::,.:: i:i 1:j::: :r lrr, ::::::::::::::l:::::::: .:1.:l::::::::i::iil:r TOTA l::..::,::;,::,:.::r t4t DOMFSTIC (st LAWN IN.HOUSE IRRIGATION !N.HOUSE IRRIGATION JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBEB NOVEMBER DECEMBER 1.099 o.993 1.O99 1.063 1.099 1.063 1.099 1.099 1.O63 1.O99 1.063 1.099 o.ooo o.ooo 0.000 0.071 o.474 0.603 o.570 0.368 0.314 o.096 0.000 o.o00 ::::::: :ri::::::i::i.:: :ij ::., : t,: ).:::i..:.|::::ta:i)::.: :: i:ilji:ill:,ii:l::i:i,i,::i:,:i t ii 0 9.9 i:ji:ir;iilil:,,:: :iiii.iiiirt,iiiii'ii.i:li'.io!9 I 3.:':..:li:;l:tr:.. i:;ii:.:i;i;fil;ij'iiiiii;.ti:i1,1 t O g I ...,,...l,l.:,...,. t..:,:ii.,i..i.'..ii ...liiiii,.,1 ii,f l 3 4 ..ii.irii,..i..,.i. i::,:,.,:'ii:,r,:'.i,.,.,.'.,.,:,''1., 5 7 3,:,:.:;:.rt: . l.. .iiiliiiii;iiiiiiii::iiiii;jiii:ii:i l 6 6 6 :.i:,::i:ii::li:ii .....,;:,,,..,i.,l;,:'....l:..;:;,,l .i 6 0 9 i...t::.i.ji.ii.:," i..ri::ii:l.li;i:ilii:...:::!:ii.il ir 4 6 7 ::;jii,:.i':iii.ii:' .:rt::r::.:.:r'::-:.:.: : :. r: : ^ 5 ,',,,i::,:,.,i,.,i,.,..,,:,i,:.i,., f ,i J I l .:.1,;;,,,,,,,.|'..,;' ...!:liii!.:,l;i:itr:i::.t,t.ii!;!1 :a fl I 5 rtj:i.:::t:.:.:,.l,. ijiiii::i'i:.iiiiii::i:iiii:,i liO 6 3'ii:ii:l:ii;::liiji l lt:i:i:!i:ii:t::ti::t:!:l:itit:ttiti :; 0 I 9 'i::t:.:ri,l::.ji.., o.1 65 o.1 49 o.1 65 0.1 60 0.1 65 0.1 60 0.165 o.1 65 0.1 60 o.1 65 0.1 60 o.1 65 o.ooo o.ooo o.ooo 0.057 0.379 o.482 0.456 o.294 0.251 o.o77 0.000 0.000 ,,.TOTALS, .I .,.i::,l 1'.1',,;' :L | | ;; 1;,' ::,' :,,," 2. {9 5 iii.,t:ii:;i:i,iii :.:.::::::::t:.::-:'i'::'::r':':. :::::::::::: l r:: ::-:::'l::::::::::':': ::li::::;:i.:l:i:li:iliiilii:i:l. 3 i 9'40 :tii::ili:i:ii:.::i (1) Number of residences 22 (41 Percent CU for domestic 15oh Number of persons 3.5 (5) Percent lawn irrigation. efficiency 80% Number of gallons per day 100 Consumptive of lrrigation lallacl 1.975 Note: Add 50 percent for caretaker units (61 = (41 + (51 l2l Square feet of lawn irrigated 44000 Lawn application rcte latlacl 2.469 (3) =(1)+(2) 4 t T t ! ! T T t I I I T T T I T t t t A consumptive use tank and leach field of 15 percent was applied to in-house water use assuming individual septic sposal systems. Return flows will be to the Crystal Spring Creek and Roaring Fork River. A ive use rate of 80 percent was used for irrigation assuming that application will be by All surface or groundwater return flows from irrigation will be to Crystal Spring Creek or amounts for the Roaring Fork River. Table I presents the average monthly consumptive use The domestic w WATER SUPPLY supply for the proposed development, both in-house and irrigation uses, will wells to be drilled on the properry. Well permit applications have been filed with the Colorado ision of Water Resources for six wells. Each well permit is for 50 gpm and 1 5.5 acre feet with a combined maximum pumping capacity of 100 gpm with an annuat diversion limit of 1 .5 acre feet for all wells. It is anticipated the wells will draw water from the Basalt volcanic formation at depths of 250 pment. the surface. The aquifer is considered to be tributary to the Roaring Fork WATER RIGHTS d for the development. The following technical information is provided to assist in prepa of the water right applications. to all wells: be from two or feet to 350 feet b River. NEW WATER Six wells are Source: Depth: Appr Amount Use: Groundwater tributary to the Roaring Fork River. 350 feet September 19, 't991 by field location of well sites. 50 gpm (0.056 cfs) Domestic use associated with 22 single family units each with a caretaker unit and each with up to 2000 square feet of lawn and garden irrigation (1.0 acres totall. t T T T T T T I T T T T T T T T T t T The wells be located on the 105 acre parcel proposed for development and now owned by Grace L.which is under contract to the CLDC, a Colorado Corp. Four wells P.M. at thE WELL NAME WD No. 1 WD No. 2 WD No.3 WD No. 4 Two wells a 6th P.M. at WELL NAME WD No. WD No. in the SWIr, SW%,Section 24, Township 7 South, Range 88 West, 6th ng locations. located in the NW%, NW%, Section 25, Township 7 South, Range 88 West, following locations: DISTANCE FROM SOUTH LINE 800' 77o'. 380', 100' DISTANCE FROM SOUTH LINE 481 o', 5050' DISTANCE FROM EAST LINE 4000, 4750' 4200, 4800' DISTANCE FROM EAST LINE 4600' 4050' 5 tt AUGMENTATION TER RIGHTS CLDC will maintain amount of 4.2 acre water service contract with the Basalt Water Conservancy District in the eet to augment depletions associated with the domestic water usage at the Wooden Deer sion. The 4.2 acre feet is enough to replace 100 percent of the development depletions and es a five percent allowance for transit loss. The water uses include ordinary in-house use, ir and fire protection. The augmentation is Ruedi Reservoir water right decreed in Case No. 4613 on June 20, 1958 in Garfield ty District Court. The source is the Frying Pan River. The right abutment of the dam is at a point whence the Southwest corner of Section 7, Township 8 South, Range 84 West, 6th P.M. bears Nonh 68o 58 feet at a distance of 1,126 feet. 6 I I T ! T I T T T T T T I I T T T I T River in the NE%, the outlet tube for 7r, Section'18, Township 8 South, Range 84 West, 6th P.M. at the head of Reservoir whence the Southwest corner of Section 7, Township I South, Range 84 West P.M. bears Nonh 79o OO feet West a distance of 2017.1 feet. I The proposed points of diversion for the Basalt Conduit are the six wells proposed for the Subdivision, WD . I through WD No. 6, at the locations described under the section title New Water Rights. The for each wel! is 0.056 cfs. STREAM DEPLETION Diversions from wells will result in depletions to surface flows in the adjacent streams. There are several wells in same general area which are completed in the aquifer which the proposed subdivision wells to tap. The reported static water levels in the existing wells are above the ALTERNATE OF DIVERSION The Basalt Conduit Frying Pan River Roaring Fork River southwest toward at elevations whic River and 800 feet downstream of provide water to a 450 cfs surface water right decreed in Case No. 4613. The source is the the decreed point of diversion is tocated in thJ left bank of the Frying Pan ation and indicate a groundwater movement down valley from northeast tO Roaring Fork River. There are various springs in the viciniry which surface support this conclusion. The proposed will be located from about 6,300 feet to 7,800 feet from the Roaring Fork to 1,500 feet from Crystal Spring Creek. They are located downstream from the most senior su ace water rights on Crystat Spring Creek, namely; Kelley Ditch, Powers Martin Spring and Pipeline Mud Springs Ditch. The wells are atso downstream of several small senior underground rights. Because of the observed groundwater gradient, no iniury is anticipated to these upstream rights. The Thelma Ditch,Freeman James Spring and the Foley Ditch all located downstream from the wells on the Cry Spring drainage. The Foley Ditch and the Freeman James Spring divert from 82 near the month of Crystal Spring Creek. The diversion points are e irrigated fields in Sections 25 and 26 and return flows from these areas se rights. The diversion records kept by the SEO (1980-1989) do not list the as "notusable". The Freeman James Spring has a recorded diversion of 1.0 south of High Foley Ditch or list T T I t I T I t T I I T T I I T t I I acrg feet for 1 986 not listed. ln our o 1987. ln all other years from 1980 to 1989 thE Freeman James Spring is ion the Foley Ditch and the Freeman James Spring will not be impacted by the wells because source of water is from irrigation return flows originating below the wells. Thelma Ditch from Crystal Spring Creek in thE NE '!/r of Section 26. The diversion records for this ditch are for the years 1980 to 1988 with an average of 216 acre feet divened over 138 days. ln 988 the ditch diverted 81 acre feet over 67 days. We believe that the 0.80 cfs Thelma Ditch for domestic use rights is owned by and delivers water to the Cerise property in Section 25 irrigation of 27 to 30 acres. The depletions from the proposed development are less than three acre feet (3.7 gpml during the i season. ln our opinion the depletions are deminimus and immeasurable and Ditch would be futile.a call by the Kelley Ditch No.3 in the SEO of the existence of a Kelley Ditch No. 2. PLAN FOR AUGMENTATION The plan for can replace 100 percent of the depletions to the Roaring Fork River by the release of from Ruedi Reservoir. Water will be released in accordance with the schedule shown in Table 2 there is a call on the subdivision wells. The wells will under their own priority or as alternate points of diversion for the Basalt Conduit under that ty when not called by senior downstream water rights. An accountingl acceptable to the Division 5 office of the State Engineer wilt be prepared to on a monthly basis. Ruedi Reservoir releases will also be recorded on therecord al! divers accounting form a d the accounting form will be provided to the State Engineers office on an annual basis or ever it is requested. s abandoned in Case No. 84CW218 and Kelley Ditch No. 2 is no longer listed records. Water commissioners Joe Bergquist and Alvin Cerise are unaware t: t:li t: Ir lr lr lr lr lr lrIr TABLE 2 WOODEN DEER SUBDIVISION WATER AUGMENTATION SCHEDULE (Values in Acre Feet) MONTI CONSUMPTIVE USE (1)RUEDI RESERVOIR RELEASES (2) JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER 0.16s 0.1 49 0.165 o.217 0.544 o.642 0.621 0.4s9 0.411 o.242 0.1 60 0.165 0.173 0.155 0.173 o.228 0.571 0.674 0.6s2 o.482 o.432 o.254 0.168 0.173 (1) t2t Based upo lncludes al full development of all 22 lots. wance for five percent transit loss. I I I I I I I I I I I I t I I I I t T ln our opinion, water rights. Respectfully RESOURCE PSB/mmm 267'2.0 wdr.r.26, mntation of this plan for augmentation will prevent injury to senior vested U S. Buisone, P Water Resource I T. T T I T I I I I I t I T I I I T I t LEAVENWORTII & LOCHHEAD, P.C. ATTORNEYS AT I.AW LOYAL E. LEAVENWOMH JAIIES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. AOK]SON I FI :lln Enclosure 1O1I GRANO AVENUE PO. DFAWER 2O3O GLENWOOD SPRINGS. COLORADO 81602 TELEPHONE: (3o3) 94$2261 FN( (3o3) 94$7336 December 20, l99l Mr. Scott Writer P. O. Box 9705 Aspen, CO 91812 Re: Dear Scott: Enclosed is a letter from Paul Bussone concerning the wells we applied for in the Wooden Deer Subdi ion. As you can s€e, the average annual pumping rate will be less than l0 g.p.m. with esti peak-day rates less that 50 g.p.m. Paragraph 49 the augmentation plan limis instantaneous diversions to 100 g.p.m. Both thatprovision ions to 100 g.p.m.) and the avenge urnul diversion of 15.5 acre-feet per year will be i into any decree entered in this case. If I can be of assistance, feel free to contact me. Very truly yours, LEAVENWOR & LOCI{HEAD, P.C. kavenv;orth C:\FILES\WRITER.2LT f;i!:FlE OUFICEIIIIIfru=:-= Mr. Lee Leavenworth Leavenworth and L PO Drawer 2030 Glenwood Springs, The average winter Wooden Deer Subdivi be about 12.5 gpm. t I T T T I I t I I T t I T T ado 81602 RE: Wooden Deer Dear Lee: - Water Demands It has come to our that there is concern by some neighbors regarding tha six 50 gpm wells included in the recent CLDC water right application and plan for augmentation for EEFIING INC December 20, 1991 , on. Six 50 gpm welts are certainly not needed to meet the water subdivision and were inctuded onty to provide flexibility in the final diversion rate to provide water to the fully built out and occupied shoutd be about 8 gpm. The average summertime diversions should peak day diversion is expected to be less than 50 gpm. Wooden Deer Subdi demand for the 22 I location of the well wells needed to provide an adequate water supply. Paragraph 49 of the ptan limits the combined instantaneous diversions at the wells to 100 gpm 50 gpm welts). !n addition the annual diversions are limited to 15.5 acre feet for all A average annuat diversion rato of 9.6 gpm will deliver 15.5 AF. It is my that CLDC will operate initially on Wooden Deer Well No. 1 which was drilled under a test authorization in November, 1991. One 50 gpm well is adequate to meet even the antici ted peak day demand, however, it is our recommendation to CLDC that ultimately two wells completed to provide a back up water supply. lnstantaneous diver at the wetls could reach 100 gpm but this would occur only f or short periods to refill the r storage tank. A pumping cycle of less than a few hours is expected. Again, augmentation plan i me repeat that the average annual pumping rate covered by the tess then 1O gpm and estimated paakday rates are less than 5O gpm. Sincerely, RESOURCE PSB/mmm 267-2.O iida,vd.2o7 CC: Mr. SCOtt W T -Consutuing Engineer"s and -aul S. BuSsone, Water Resource 3"= e"-fo at =r'',..,=,SOP r Glenwood Spnings. CO El160l r [3ogl e45E7V I Fax 94*1137 l- t T T T T T T T T I I t I t t t I T 818 Centennial LEAVENWORTH & LOCHHEAD, P.C. AITORNEYS AT Lq,W November 27, I99l 1011 GRAND AVENUE P.O DRAWER 2O3O GLENWOOD SPRINGS. COLORAOO 81602 TELEPHONE: (303) 94$2261 FA)(: (303) 94$7336 Colorado Division of Water Resources 1313 Sherman Strect Denver, CO 80203 Re: To Whom It May find six well permit applications for filing on behalf of the Carbondale I-and Development C ion, along with a check in the amount of $360.00 for the filing fee. If you have any q or concerns, please let me know. Very truly yours, LEAVENNVORTH & LOCHHEAD, P.C. LOTAL E. LEAVENWOFTH JAMES S. LOCHHEAO SHERRY A. CALOIA THOMAS L. AOKISON LEL:eg Enciosures cc: Scott Writer f* f* /*r.>(,+,- Lvgv-l w I Y'X Loyal E. Leavenworth I - 0 /enc. Paui Bussone wienc. (x (x FOR: (x ( ( t I t T lJ.5.icv.76 :plication must r complete where rolicable. Typa or'Int in BLACK . K No overstrrkes' ensures unless itialed. COLORADO DIVISION OF WATER RESOURCES 818 Cantennial BldE., 1313 Sherman SL, Denvcr, Colorado 80203 PERMIT APPLICATION FORM A PERMIT TO USE GAOUNO WATER A PERMIT TO CONSTRUCT A WELL A PERMIT TO INSTALL A PUMP REPI-ACEMENT FOR NO. OTHER WATR COUFIT CASE NO 9-F189, hater D:-visicn No. 5 I I T T T T T t T T T t 'i) APPLICANT - mailing address FOR OFFICE USa ONLY: OO NOT WRITE IN THIS COLUMN No. D n h-trar 1l1al1 Dist.r riE! I Glenqtood Springs, CO 81602 *p. 7 S. nnr. 88 w .til'st tE'wl (Strr.1 (aol .Ai.EPFIONE NO. (303) 945-226L 3) LOCATION OF PROPOSED WELL lunty caafield M'i :2. of tra---s- 7r, Secdon 25 6rh :3I WATER USE AND WELL DATA }oposed maximum pumping ratt (gPml rvGErgG annual amount of ground water J bt appropriated (acr+fernl: \umber of acres to be irrigted: prooosed toal deOth (fefil :350 Aquifer ground water is to bc obtained from: Easa1t VoLcanics I{oooen Deer I'ie1l No. 6 Cr.vner's wel I desiqnation ) HOUSEHOL O USE ONLY . no-irrigation (01 This well shall be used in such a waY as to cause no materiai iniury to exi$ing water rights- The issrance of the ilermit does not assure the applicant drat no iniury will occur to anodler ve$ed water right or preclude another owner of a vested water right from seeking relief in a civii coun action- 50 1.0 :<) ooMESTIC (1) ) LrvEsTocK (2) ) CoMMEFCIAL (41 } OTHEfl (9)fire protection DETAIL THE USE ON BACK IN (11) (4} DRILLEH .. Sheltcn Drilling Co. ( ) lNousTHrAL (5i K I IRRIGATION (6I il MUNICIPAL (8I APPLTCATION APPROVED T I.. I PERMIT NUMEER OATE ISSUED Name EXPIRATION OATE P. O. Box 1070 grv-Basalt, CO 8L62L - :.-:--. i,^ 927-4L82-r-ic. lto BY- (51 THE LOCATION OF THE PROPOSED WELL and the areia on warrcn the ,aater wiil be used must be indicatcd on tle diagram below. Usr the CENTEH SECTION (1 section, 640 acresl tor dte well location. !- J- --:- - !--.1--I- J - -.,1- - I -- a i I I I r t IT I !<- r MILE. s28o rEE:r ->l+++i++ t; WATER ECIUIVAI-ENTS TASLE (Found.d Figurgi An ast roor covrr: t rcn of hnd t toot d!.o I crbic root E!? lrcond lcft . . . .lag g.llot! Ptt minutr (gpml A ftmily of 5 will tlouirr roprtrirnrt lv I esr'{oot ol wtrr pcr YC.a 1 rr-loot ... ,13560 cubic frt . . . &UISOO grllon.. t,00O Epm gqmEd canttnrrosJv fot on. d.V Erlductt a.42 lor'(cst. Owner(sl :Under contr:act to aoolicant. LOT-BLOCK suBorvrstoN (7t T I T T I T I T t T (6) + I I II J. I t ! I I I r II|OFTH SECTION LINE I -lrr I I,L'!-I--L-J- ra--, | , le 'trXrltl;3l 'lrlHruHl 'l laflrl'lEEi rlllz,-l rl'l IrlllI , SOUTH SECTION LINEIt r!J-lJ.J- lrltl I I +-!-+-+ --T'--r-T-7 The scale of d:e diagam is 2 indrcs' I mile Eacl'r small sauane rlorqrrntr 4(t acres. 5050 Sorth_rt rom _ 4050 ft- from (nortn o? loiatn I East sec. linc (tatta o, wattl -FlLlNG rII +-+ I I NORTHT i r: Itr- I i--+ I++ I lrf-- LOCATED 6ry6s7 Under ccrrtract to No.ofecrEs 105i""*m tlrc only wcll on thir tpct? (8) PROPOSED CASING PROGRAM Plain C".inE in. from o ,. to 250 fL -in. from -ft to-ft Penorateo sasing6 250 350_ in- from -tt tO- lL in. frcm -fL to- !t (91 FOR REPLACEMENT WELLS sivcdisrancc and dirsstion frcm old wetl and plans forplugging it: nla .?:!' ' !-r.-' T No. of acres:105+ Lesatdescrio,,on' stlk svlk sec' 24 *!d of l{!,ik Sec. 25, T. 7 S. (1OI LANO ON WHICH GROUND WATEB WILL BE USED: (111 @ of tne usc oi ground water: 5Yfism to bc ured' Dcnrestic uses asseiated wi-th Housenoid uso and domcstic weils ms5t inciicata rypa of disposal I I22 sincrle-farnilv :=s and Lcn and fire septic tank and leachfie.Id. tlZt OfHen Wnffn ntCHTS used on tnis land, including wells. Giveflegisration and Water CounCase Numbers. Type or right Usrd for (purpose)Description of land on which used Atplicant will obtain a water ssrrrice ccntr:act witlr easaJ.t I,Tater Ccnsetr/ancr/ Distfict. I I ( LE(S) THAT THE INFORMATION SET FOHTH HEREON ls TRUETO@WLEDGE-I T I President T t T T T I T T T I T t T T ,vRJ.5.Rcv. 76 Application mu3t bc complete where applicable. Type orprint in BI-ACK INK No overnrikes or lrastres unless initialed. (1) APPLICANT - mailing address NAME COLORAOO DIVISION OF WATER RESOURCES 818 Centrnnial BldE., 1313 Sherman St., Dencer, Colorado 80203 FOR: PERMIT APPLICATION FORM XI A PERMIT TO USE GROUNO WATER X) A PERMIT TO CONSTRUCT A WELL X) A PERMIT TO INSTALL A PUMP I REPI-ACEMENT FOR NO. ) OTHER CarAondale Land Developrcnt Corpor:a C/O l-€ErveilrrcrEn & LGnneacr, 8.C. ggggT P. O. Dravrer 2030 Glenvrtood Springs, @ 81602 CITY I TELEPH.NE No. (5t.r.l (303) 94s-226L LOCATION OF PROPOSED WELL carfield r. of tneE 7., Sestion 24 Twp.S.Rng. 88 W rN.O te.m 6ttr (3) WATER USE AND WELL DATA hoposed maximum pumping rate (gpm) Average annual amount of Eround watr 15.5 to be appropriated (acre'fest): Number of acres to be irrigated: Proposed total depth (feet):350 Aquifer ground water is to bo obtitined from: Basalt Volcanics Owner's well designation Wooden Deer Well No. 1 GROUND WATER TO BE USED FOR: HOUSEHOLO USE ONLY - no'irrigation (0) FOR OFFICE USE ONLY: OO NOT WRITE lN Tt{lS COLUMN This urell shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no iniury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMEER DATE ISSUED EXPIRATION DATE BY lzt County sl{ 50 1.0 ( (x ( ( ( DOMESTIC (1) LIVESTOCK (2) COMMERCIAL (4) ( ) TNDUSTBTAL (51 (x l IRRTGATToN (6) il MUNICIPAL (8} T I orHER 19, fire pr.otectj-on oEtArL TllE USE ON BACK 1X (l l) (4} DRILLER *r-" Sheltcrn Drilling Co. P.O. BcF.lc 1070Street Basalt, CO 81621t(5tar.l WATER COURT 9456 1119. 91C1{189. Water Division I{o. 5 City 927-4L82 Lic- No. to COUNTY + I t I I I (51 THE LOCATION OF THE PROP,O$ED ,WEL,L and the area on w dicated on the diagram below. Usa the CENTER SECTION (1 section, 640 acresl for the well location.800 ft. from Sorth sec. tine(noiln or touml 4000 ft. from East sec.linc(aatt or w.rtl LOT-BLOCK -FlLlNG r su8DrvrsroN fl TOCATEP O*n"r. [n:der conu:act to No. of acres 105+ thr only well on thit tfast? (8I PROPOSED CASING PROGRAM Plain Casing 6 in.from-3-n.to 250 6 in. from -ft. to-ft Perforated casing 6 in. from 250 X.3o 350 g in. from - ft to - ft. (9) FOR R EPLACEMENT WELLS sivcdi*ance ana aiiestion from old well and Plans forPlugging it: nla -+-+-+-+--F-+-+-+ !<- I MtLE.528o FEE7 -;l I++++++++ -+- t I T I I I T t I I I T I (6) I I I It + I I I t I+ I I I I t t 0! I NOFTHI lll I + I + I + I + II I _-!-- I I I I -J-- 'I I I -+- I I I ltl' TT-? ,tll tllrT- T-- The:cale of tre diaEam is 2 inchs - 1 mile Each small square reorsienti 40 acres. WATER EOUIVALENTS TABLE (Boundril Figural An rct.-foot cov.B I acn of hnd I toot d!.o I csbic foor par rlcond (cfrl . . .4,49 grllor prr minutr (ggml A lrmrly o( 5 will regsir. rcatorimatatY I acn'foot ol wrtrr pr? Ycar. t .cr.-foot .. . 43.560 orbic frot.. . 32tp00 g.llon3. 1,O(Xt Epm oump.d conrlnuotJ3lv for onr dlv gtoduclr 4.42 .ctr.f.Gl. No. of acres: Lesaldescrip,ion, S{k S!fk' Sa' 24 and of Nl{k Sec. 25, T. 7 S. I I-T'- I tl r t ogratugo ogscntp of the use of ground water: Hqusehold use and domcstic woltr murt indicate typc of disposal 3vstem to be used. Dcnestic uses associated wLtlt 22 single-farnilv residences ilcludinq lalrnl and g:rrden irrigation and fire P tusedonthisland'inctudingwetls.GiveRegistrationandlVaterCourtCaseNumbers. T I IType or right Applicant wiII obtajn a Used for (purpose)Description of land on which usecl water senrice contract witlr Basalt l^Iater Ccns@ septic tank and le'chfield. (13I THE APPLICANT(S)STATE(S) THAT THE INFORMATION SET FORTH HEREON IS tTRUE oF EPLIaANflSI Scott Writer, President HIS KNOWLEDGE. T I I lro rizaioia-rl .E6.t. ^J -rF6?r it -^,a earaa ie raa,titotl 50 1.0 I T I T T T I T T T I T T T t T I I t ttRJ.5.Rcv. 76 \oolication must o€ complele where 3oplicable. Type orjrint in BI-ACK lNK. No over$rikes rr Grirsuret unl$s initialed. COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldq., 1313 Sharman St-, DsnYGr, Colorado 80203 PERMIT APPLICATION FORM (x ) A PERMIT TO USE GROUNO WATER (X } A PERMIT TO CONSTBUCT A WELL FOR: (x ) A PERMIT TO INSTALL A PUMP WATERCOUFITS45gNq. 91Gn89, l'iater oi\rision lio' 5 FOR OFFICE USE ONLY: OO NOT WRITE lN Tl{lS COLUMN1) APPLTCANT. mailing address NAME earbondaie Iand STREET Glenwmd Springs, CO 81602 ;lTY (54...) iELEPHONE NO. (303) 945-226t i2) LOCATION OF PROPOSED WELL Gartield SV l/. of thc---S- 7., Section 24 r",p. 7 S , n*. 88 $I 5ttl p (3I WATER USE AND WELL DATA This well shall be used in such a way as to cause no material iniury to existing water righa.-The issuance of the iermit does not assure the applicant that no iniury will occtr to another vested water right or preclude another owner of a vested water rilht from seeking relief in a civil court action- Proposed maximum pumping ratc (gpml Avaraga annual amount of ground water 15.5 3f,OUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY ' no'iirisation {0) tx i oorrresrrc trt ( I lNousrnlAL (5) i--i r-rvesrocK (2t (x) IRRIGATION (6) i i CorrrrrreRctAL (4) ( ) MUNIcIPAL (8) to bc appropriated (acre'fcctl: Number of acres to be irrigatcd: hoposed total dePdr (festl:350 Aquifer ground water ig to bc obtained from: Basalt Volcanics lwner's well designation !'.Iooderr Deer tle1l t'l:o. 2 ! OTHER (9I fire pr.otecticur DETAIL TTIE USE ON BACK IN (11) (4) oHILLEH Name Street Shelton Drilljng Co. 6rv Basalt, CO 81621 APPLTCATION APPROVED PERMIT NUMEEH OATE ISSUED EXPIRATION OATE BY P.O. Box 1070 Teleohone No.927-4L82 Lic. No. (5l and the area on which the water wiil be used must be indicated on tre diagram below. Usa the CENTER SECTION (1 section, 640 acresl for the well location. (6) by distances from sectron tines. 770 ft. from South sec. line(nortn o, toutnt 4750 tt. from East sec. rine(aart or wa3tl LOI--BLOCK -FlLlNG * J-- lrl tt+ I+-+ I I NORTI{ tra- I I_ l-I,t ,' I -i- - -F I++ Il-+ T T I T I I t ll t IT I I I I I I J I I T I I I I I I--r- t --t--I I I t I _+- _ -+ - +-+-+- + l<- r M;LE, r23o ,aa, -tl+++r+tl r NOFTII SECTION LINE I IIrltl.L- I - I - | --|."zlrlllD;l rlrl;9l 'lrltso;l rl'13 =[ i i-i-lI SOUTH SECTION LINE 'tlrJ-+++lrrtl - I - I -,!- --J- - -J--T'-T--T--'-i-'-? T T t I I T T I T suBorvrsroN (71 LOCATEP _Owner: Undf,T cqrtract to r,,o. or."r., 1o5t &Pri*Thi,r ,n,, u. tha only wcll on this tpct? (8) PROPOSED CASTNG PROGRAM Plain Casing 6 ,n. fro- o t.,o 250 a -in. from -ft. to-ft. Perforated casing 250 350in. from -ft. to- ft. in. firm - fr to - h. The sc.:le of the diagram is 2 inches - I mile Each small 3quar! reoraenE 40 acres. (91 FOR R EPLACEMENT WELLS sivedisitance and direction trom old well and plans forplugging it: nla WATER EOUIVALENTS TA8LE lRouno:d Figur;l An rctr.foot covrc t acn of l:nd t toot d!.o t qrbac loot glr r.con6 lcftl . . ..149 E.llonr par mrnutr (ggml A hmilv of 5 will rcouin rogtoximetrly t acr..root ol wrtr prr ycr. I ecrr-foot ... €560 cubic f!.r . ..325300 Flloat 1.00O gpm eumprd conttnuouslv for onr dey prcducta 4.42 :cra.frc(. owner(sl. Under conu:act to applicant.No- of acres:105+ Legal descriotion:Srlik Srfk, Sec. 24, and part of M.Ik Sec. 25, T.7 S., R. gg I^r., 6th p.[i. (11) DETAILED DESCRIPTION of the uce of ground rvater: Houreholduseanddomesricwellrmsltinciicatetypcof disposal {ncm to be used' Dcnestic uses associated witlr 22 sirqle farnily residences ircludilq lawn and. garden irzigation and fire Protection. Viasterl,ater treatrnert wil]. be b.r individual septic tank and leachfield. - - (12I OTHER WATEH RIGHTS Type or right Applicant will obtajn a Used for (purpose) water ssrrice contract wittl Oescription of land on which used BeEe& liatele@sarrancrz District . used on this land, including wells. Give Regisration and Water Coun Case Numbers. (1OI LAND ON WHICH GROUND WATEH WILL BE USED: (13) THE APPLICANT(S) STA THAT THE INFORMATION SET FORTH HEREON IS TRUE TO-THE OF AEUCANTB' I I t Sbott Writer, President. IS KNOWLEDGE. (x (x FOR: (x ( ( I T I T -. j.a(Av. / O oiication musl :cmplete where ;ricaole. TYPe or nt in EI.{CK K. No ovemrtkes arasura unless tialco. COLORADO DIVISION OF WATER RESOURCES 818 Centrnnial BldE.. 1313 Shcrman St" Denver' Colorado 80203 PERM lT APPLtgATl-Q-N FORM A PEAMIT TO USE GROUNO WATEA A PERMIT TO CONSTRUCT A WELL A PERMIT TO INSTALL A PUMP REPISCEMENT FOR NO. flH. sion No' 5 1.0 894 50 T T T I t T T T I T I I I I T Iron or;tc I t.,.iz.rr&.] a Tend De:rrelounenl;!]ry3:LQ6.aot *o- clo r-eav l -'gffJ P- O hTawor 16?ft I Eatrn G1ernarcod SPrings, CO 81602 il (303) 945-226L ::=:l{ONE NO. :t ilsa onuY: Do Nor wRITE lN THls coLUMN C,arfie1d This well shall be used in nrch a waY as to cause no ."teriai iniury to existinq water.rights'-The ir*"n"" of the iermit does not assrre the applicant th* no iniury'will ocanr to another vested water .i"tti oi or'*tla" another owner of a vested water ;i;iii froii i.=.*ing relief in a civil court action' S1'I r. of t "--L lr, Section 24 ne.L- S . n"e' 88 *'' - tr's tE rvl 6th p ':oosed maximum PumPing ratc (gpm) :taga annual amo.ufit o{ grcund watr r rc approPriatcd (acrefcat: !urnoer of acres to be irrigtrd: yooosed torat depttr (fecrtl: \quifer ground water is to b€ obuined from: '- rs.s 350 Basalt Volcanics .v{oo<1en Deer I-ieII No. 3 ,vner's well designauon ) HOUSEHOLD USE ONLY 'no-irrigation 101 .(} ooMESTlc (11 ) LIVESTOCK (2) ) COMMERCIAL (4) ( ) rNousTBlAL (5i 0< ) TRRIGATION (6) ( I MUNICIPAL (8) ) oTHER,r, fire Protection APPLTCATION APPROVED PERMTT NUM8E3 OATE ISSUED EXPIRATION OATE OETAIL THE USE ON BACK Iru (11) (4I DRILLER Sheltcn Drilling Co- P. O. Bo:< 1070 Basalt, C0 8L621 ( 927-4L82 Lic. No.-riaa-aro r\ln 8Y T(5) and the are. on wnrcn the .rarcr wril be useo mu$ be inoicateo on the diaqram below. Use the CENTE3 SECTION (1 secuon, 640 acresi for the well location. (6) by oisrances trom sectron rrnes. 380 Sqrth 4200 East -fc. from cffiI_sec. rinc LOT-BLOCK -FlLtNG r +- + t rlTT t tlT I r NORTHI i r:tl- I +--i I l! lr I lr?-- I I I T I I I I IJ I I IT I I II I I l. I I I I t I I I I I t I I I I -T-T' --i- !<- r M;LE,5280 rEEf, -*l+++i+ri r NORT}I SECTION LINE ! .Ll I-l Iztrl,l,lrlrl;e! l:Itr 8l 'l laflrl'li-81 rrrrz=p--f-T---l-l.rltlI (. I I I SOUTH SECTION LINEtl ttlrlT'r:-rtl - I -!-r--L--l-ttl, I t T T I I I I suBorvrsroN $AIED O,nn"" Under ccurtr:asE, to No.ofa"r$ 105l:-""*m dr: only wctt on this q-acr? (8I PROPOSED CASING PROGRAM Plain Casing 60250 -in. from-fa toEft- -in. from -:L to-ft Perforaeo g,.ing in. from 250 t. to 350 fr in. from - fe to- i'e Thc scale of dre diaqram is 2 indtes - I mile Eadr small souaru reorqients 4O acres. (9) FOB R EPLACEMENT WELLS sivcdistance and direcoon frpm oid wetl and plans forpluEging iu nla WATER EOUIVAI€NTS TABLE lRouna:d Figurrrt An rcrr-loot cov.rr I acn of hnd t foot d!.o I clbic toor plr t €nd (cftt . . . 449 gnllo.E 9.t minutr (Egml A lrmily of 5 will r:ourn roororiffidv I eor.foot ol wrr" Frt Y!.r.I ect+foot . .. 43.560 crrbac ft t.. . !EZt.90O glloar. 1,000 Epm osmpro canttnrrostlv for onr d:v Itoouctl.l.42 ecrr.fcct. Owner(sl:Under contract to acrolicant.No. of acrer: Legal descriotion:S![k S]7k Sec. 24 and pa::t of l{tlk Sec. 25, "t.7 S., R. 88 I,I., 6th p.I4. (11) DETAILED DESCHIPTION of the use of grcund water: Housenoldusaanddomcsticwclllmustindicatatypaof disposd ryttem to bc used' Dcrnestic uses asseiated witFr 22 sinqlFfamilv rEsidences includj::q lar,,,n and garden i:rigation and fi-re protection. Wastewater treatrrent will le rrLindi'r.idna'l septic tarrk and leact]fie].d. (121 OTHEH WATEH RIGHTS used on this land, inctuding wells. Give Registration and Water CourtCase Numbers. Typc or right Used for (purpose) Oescription of land on which used Applicant will obfajrt a water ssrrice ccntr:act witl: Basalt I,Tater Ccnsenancv District. (1OI LAND ON WHICH GHOUND WATEH WILL BE USED: (13} THE APPLICANT(S}STATE(S) THAT THE INFORMATION SET FORTH HEHEON IS I I T TRUE IS KNOWLEDGE. T I t T T I T I I t I T I I T T I I .-, T )cunry ?J.S.Rcv. 76 opricadon must a complete whtre Jpticable. Typc ornnr in BLACK !&NooriEffiilr erasrru: unlcst ritialed. 1l APPLICANT - maiiing address C1glondale Iand Develorrrento r.€veil,rcrtlr &f,fllf P O nrx^'orrn?n Glenwmd Sprjngs, @ g1602 COLORAOO DIVISION OF WATER RESOURCES 818 Centennial BldE., 1313 Sherman SL, Oenver, Colorado gO2O3 PERMIT APPLTCATION FORM (x (x FOR: (x ( ( A PERM]TTO USE GROUNO WATER A PERMIT TO CONSTRUCT A WELL A PERMIT TO INSTALL A PUMP REPLACEMENT FOR NO. WATER COUFT C.ASE OTHEH WATER COUFr qa5p *6^ glc.,,lgg, water-DFisicn No. 5 FOR OFFICE USE ONLY: DO NOT WRTTE lN TI{|S COLUMN Din. :=LEPFIONE NO. 1 LOCATION OF PROPOSED WELL Garfield ffi (303) 945-2261 This well shall be used in such a way as to causeno materiai iniury to existing water rights. The issuance of-the permit does notlssure the-aoplicantthat no iniury will occtrr to another vested warerright or preciude another owner of a vested waterright from seeking relief in a civil coun action.sI'f /. of fia 51{ 2., Secrion 24 'rc. 7 A. nn . ee w 6u.r p.M.ril.t (Ewl (3) WATER USE AND WELL DATA :rcoosed marimum pumping ratc (gpm) rvcragi annual arnoum of ground watr o bc apFropriated (acr+fegtl: Nurnber of acres to be irrigated: F--sposed toal depdr (feal:350 Aquifer ground water i: to & obtained from: Basalt Volcanics Cwner's well designation Wooden Deer GHOUND WATER TO BE USED FOR: ) HOUSEHOLO USE ONLy . noliirigatton (01x) ooMESTtc (1) ( I INDUSTHTAL (5)LtvEsTocK (21 0< I lRRtGArtoN i6icoMMEHCtAL (4t ( I MUNICIPAL (8t .THEH,r, fire protecticn DETAIL THE USE ON BACK IN (11) (4) DRILLEH Sheltcn Drilljrrg Co. P. O. Box 1070 Basalt, CO 91d21 APPLICATION APPROVED 50 1.0 PEBMIT NUMEEH OATE ISSUED Name Snrar }v_ ( 894-.fi.ohone No.927-4L82 L,ic. No. EXPIRATION OATE (STATE ENGINEEi} I(51 THE LOCATION OF THE PROPOSED WELL and the arera on wffiusE be inoicateo on the diagram below. Uss dte CENTER SECTION (1 seedon, 640 acresl for dre well location. .L- r --l- - J--+-:- i - -L - J-r-lrlll (6) by di: 100 Sotrtfift. from ft from (nortn or lournl East line I T T I I I I t I T t t .i- I I !<- t MtLE.s28o rEEr*l+++++++ I I -t-I I I I 4800 scc. linc LOT-BLOCK (.art or w.ttl -FlLlNG r suBorvrsroN (7} @ 6,nn"r gndgf ccrrts'ct to . 105+NO- Ot iCf!3-Hhittthisbs thc only well on Uris tfac.t?j (8} PROPOSED CASING PROGRAM Plain Casing 6 in. from o ,. to 250 f.. in. from -ft to-fr Petrorateo casing6 250 350 - in. from -fL to- fL in. from - fe to - L (91 FOR R EPLACEMENT WELLS givedisitance anEoiiecion trom oid wetl and plans forpluEging it: nla I I I I I Il>lq lcn IE II NORTHT tI I I I- -T-- I I l I tt lrl1-fTIr I I frt::T .trt JrIII-Lt,i- T'-T-T-r- Thc:cale of dra diagam is 2 indtes' I mile Eaclr small squaru rrEorEienEi 40 acres. WATER EOUIVALENTS TABLE (Rouno:d Figurai An acrr-{oot covr: t rgt of lmd t loot clrao I cubic toor glr:rcond (cf:l ...4a9 g.llont 9r minutr (ggml A lrmily of 5 will rrquin rcgrcritttnalv I rcr+{oot o, wrt.t Elt Y..e 1 rcr>foot ... 4:1550 crbic frrt ... &UtSOO g.llonr. 1.00O Egrn oumEarl canunuorglv fo? ona da, gtodu- '1.42 actt'le.t. Owncr(rl :Under contt=lct to arrolicant.No. of 3sp5; 105* (1OI LAND ON WHICH GROUND WATEH WILL BE USED: descriotion: SIlk SlPr Sec. 24 and part of l0v,e . 25, T. 7 S. , R.. 88 I,I. (11l@oftheuseoigrcundwarer:Hou:cnoldusaalrddomcsticweilsmurtindicaetypcofdisporal ryttlm to ba used' DcnresLic uEies associated wit|t 22 sinqlFfandlv ticn and f orotection. T t septic tank ard leacttEield. (1Zl OTHEH WATEH RIGHTS used on this land, inctuding wells. Give Regisration and Water Coun Case Numbers. Type or right Usad for (purposel Oescription of land on which used Basalt tvhter Ccnsenrancv District-Applicant will obta.in a water seryice ccntract with Basalt tvhter Ccnseffancv I I (13} THE APPLICANT(S)STETEISI THAT THE INFORMATION SET FORTH HEREON IS KNOWLEDGE.I I T TRUE TO Writer, President (x (x FOR: (x ( ( t I t T .5.Rrv.76 :licadon mu:tt complete where licable. Type orrr in BI-ACK (. No overstrrker ir:surer unlcss ialcd. COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM A PEAMITTO USE GROUNO WATER A PEHMIT TO CONSTRUCT A WELL A PERMITTO INSTALL A PUMP REPT.ACEMENT FOR NO. OTHEH WATB COURI CASE NO 91cr,'Jl69, h'ater Division No. 5 clo & ff,lj P- O rlr:war 'rft?fl No. 50 IY I I I t T I I I I T t T I APPLICANT - mailing address .-t Ca:lcondale Land FOR OFFICE USe ONLY: OO NOT WRITE IN THIS COLUMN Dist. This well shall be used in such a way as to qtuse no marerial iniury to exisring water rights. The issrance of the pernit does not assure the applicant that no iniury will occur to anodler ve$ed water right or preclude another owner of a vested water right from seeking relief in a civil court action. Glernatood Springs, CO 81602 :LEP!-{ONE NO. (St l., (303) 945-226L ) LOCATION OF PROPOSED WELL Garfieldrunty I\i'I{ z ot tncA- r., Section 25 ,o. L X .nne. 88 W . 6th p ttrt.$ lE.wl II WATER USE AND WELL DATA oposed maximum pumping ratc (gpm) 'engc annual amount of groirnci tivetr 15.5 bc appropriated (acrefeal : umber of acres to bc inigated:1.0 'ogosed toral depttr (feetl:350 quifer ground water is to ba obained from: Easalt Volcanics .vncr's well designation $tcoden Deer .r,fell IIo. 5 iAOUND WATER TO BE USED FOR: I HOUSEHOLO USE ONLY . no-irrigation (01 :cl ooMEST|c (1) l LTVESTOCK (21 ) CoMMERCIAL (41 ) OTHER (9I fire protecti-on DETAIL T}IE USE ON EACK IN (11) 4l oRTLLER Shelton DriJ-ling Co. ( l lNousTHrAL (51 0( I TRRTGATTON (61 ( I MUNICIPAL (8I APPLICATION APPFIOVED PERMIT NUMSEH OATE ISSUEDl. :rvI .,lame :treEt EXPIRATION OATE P. O. Bct'rr 1070 Basalt, CO 8162L asr.t-(Zict 894927-4182 (STATE ENGINEEfr) I I I I tl I ITl I I I I II I.T t I I I IT I I -+-+-+-+-+-+- l{- t M1LE. s28o rEEf -*l++++++ l; r iIORTH SECTION LINE I ,-- arlrl>rtrllEdllll.;ol -at IItr El rri=;l rl'13 ELtLllz,5r-T-T-T-l'' ? IIrlrl II'l'l -tl tlfftrTT--rtl iltlr,-T'--r-T Thc scale of dre diagrcm is 2 indres - t mile Each small ssuarE ruorErenE 4(l acres.t I T t I I I t t t ft. from fe from (norut or routn, East sec. line scc. linc (Sl and thc area on wntcn tne water wril be tJse(l must be inoicareo on the diagram below. Uss the CENTER SECTION (1 sefiion, 640 acresr for the well location. WATER EOJIVALENTS TASLE lRounard Figurrrl An rcr+loot carrrtr t *n of lmd t foot dlro t arbic foot 9!r xcond lsfrt . . . 449 gdlonr p.r minutr (ggml A lrmilV ol 5 will Gqui.t aogoramrtalv t acrr{oot o, wnar prr yt r.I rcrr-foot ... €56,0 cubic frrt . .. &ltSOO grttoni t,0fi1 gpm orrmgcrt continsouttv fot ona da/ prldu- a.42 rcr;rGGr. i- T t rlTT I+-+ I I NORTHIra- I I_tl- I +--i- t It Ir I lrT-- "., -' :'-- No. of acrer: Legal descriotion:S9* SI^Ik Sec. 24 and part of lrtwk Sec. 25, T.7 S.. R.. BB tI.. Gth p.l4- (11) DETAILED DESCHIPTION of the use of ground water: Hossehold use and domestic vrcits murit indicate typc of dirposal rvfilm to ba usad rDcrnestic uses asseiated with 22 sinqlFfamilv residences includ.ino 1awn "*"sePEc tank and leacifietd. (12) OTHEH WATEH HIGHTS used on thir land, including wctls. Give Registration and Water Coun Case Numbers. Typc or right Uscd for (purpose)Oescription of lan<i on wnicir used Applicant wiIL obtajn a water serrice ccntt-rct w'ith Basalt tlater Conserrrancrr District. (13I THE APPLICANT(S}(S) THAT THE INFORMATION SET FORTH HEREON IS (0 by distances irom sesaon lines. 4810 Scntll 4500 (aa[ o? w6tl LOT-8LOCK-FlLtNG r- suBorvrstoN LAeAfEtr ^.-.-qr lhder ccnttacr Eouwnr No.of""r", 105i""'"m thr only wcll on thi: tpct? (8I PROPOSED CASING PROGRAM Plain Caring 6.0250 -in. from - fL to --- fu -in. from-ft to-ft Penorateo co.ing 5 ,n. t or 250 t.. 350 t in. frcm-ft. to- h. (9) FOR R EPLACEMENT WELLS Eivcdirtance and direcdon frcm old wcrl and plansforplugging iu nla I I I I I (10} L.AND ON WHICH GROUNO WATEH WILLJE USED: TRUE TOI+IE HIS KNOWLEDGE. I I I t I T I I T I I T T t I I I T T WELL COI'IPLETION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER t{H-18 3 6 3 OWNEFTSNAME(S) Carbondalo Land DovalopnonL Corp. MailingAddress P. 0. Box 9705 CiV, St Zp Aspen, Co. 81612 Matonal (Sizo. Color. T)po ard wator Locatod) 115-1S0 WATERLOCATED : 155 + 8. Filter Pack Material Size NmolT[o (Pt.!r.T\D. orHm) Uayne Shelton / Owner WELL LOCATION AS DRll I FD : 5![ 'tt{ St, 1t4 DISTANCE FROM SEC. LINES : Ft From Sec. Line. And LOT FOR OFFICE USE ONt.Y APPROVAL ' GI'S31-S143 Twp. 7S Range 88U Sec. Line. Or FrUNG (UN|T) 0.0 Wall Size From To (ft) 9. Packer Placement TyPe Depth Produclion Rate 30 +gpm Test Length (hrs) 2 Sec. 24 Ft. From BLOCK STREETADDRESS ATWELL LOCuATION : GROUND SU RFACE ELEVATION DATECOMPLETED LL/O,/gL DRILLING METHOD : Air Rotary TOTAL DEFTH 2()O ft. @MPLETED DEFTH 2OO 7. PljIN CA,SING OD(in) Kind 10. GROUTING RE@RD: DISINFECTION : T 12. WELLTEST DATA: [] Check Box lf Test Data ls Submitted On Supplemental Form. TESTING METHOD : Air compressor Static Level:140 ft. Date/Time Measured 1t/O5/97 Pumping Level: Total ft. Daley'Time Measured LL/OS/9! Remarks : I tllrlrllrl liE hryrfr tk, kncy ltto onlantll ltxxool. rrrld lhni lhr]y iyo iruo lo tyty to the makng ot statemgnts hor'pa,lJy h ho ..ond dag[ea md I p{rrrhobto o4 a doaa I rrbdonroo\or.) CONTMCTOR: Shelton Drilling Co. phone: 3 Lic. No.1095S9 Basalt. Co. 81 DAo Ll/o6/9L TILE COPY 3-927-4L82 T t t T I I t I T I I T T I I t I T T RESOUFICEIIIIIIIIIIIIIIIIIIIIIIIIIENGINEEFIINGINC Mr. Scott Writer CLDC President PO Box 9705 Aspen, Colorado 81612 RE: Wooden Deer Well No. 1 November 27, 1991 Dear Scott: Shelton Drilling Company completed a well on November 6, 1991 at the location of Wooden Deer Well No. 1 under a test hole permit. The total depth of the well is 200 feet with 5 % inch diameter PVC casing including 50 feet of perforated casing. A copy of the well completion report is attached. The well hit water at a depth of approximately 155 feet and the water rose to a static level of about 135 feet. The water level is below the elevation of Crystal Spring Creek to the north and supports our earlier conclusion, based on other well data, that the groundwater movement is from the northeast to the southwest toward the Roaring Fork River. ln our opinion the well is not tributary to the Crystal Spring nor to Crystal Spring Creek above Kelly Ditch. Samuelson Pump Company, tnc. conducted a 24 hour pump test on the welt on November 1 3 and 1 4, 1 991 . The initial test was conducted at 31 .9 gpm but the well reached equilibrium in iust 15 minutes at a drawdown of only about 7Yz teet. Available drawdown is nearly 60 feet. The well fully recovered in 45 minutes. A second test was conducted at 58.1 gpm and this test was continued tor 24 hours. The total drawdown was 18 feet 1 inch and reached equilibrium at about 17 hours into the test. Recovery readings were taken for 90 minutes at which time the well had recovered over 96 percent of the total drawdown. The recovery curve followed the drawdcwn curve very closely. A copy of the pump test data is attached. The water was initially cloudy but after a few hours of pumping it became clear. Water samples were taken at the end of the pump test and submitted to a certified lab for water quality testing. All of the State of Colorado mandatory drinking water parameters will be tested. At this time the water quality results are not available. A total of 83,683 gallons of water was pumped from the aquifer over the duration of the pump test. The average water use for the subdivision is only 13,750 gallons per day, therefore, the test was conducted at a rate 6 times the average use rate. Although an absolute guarantee cannot be made, it is our conclusion that the test well at Wooden Deer Well No. 1 can provide a reliable long term 50 gpm water supply to the subdivision assuming that the water quality is acceptable or can be treated to be Consulting Engineens end Hydrologists EIOP Gnand Avenue, Suite 3OP r Gbnwood Spnings, CO B16Cl1 r tSOgl 9458777 I Fax 9&113. Paul S. Bussone, P.E. T T T T I T T t T T T I T T T I Mr. Scott Writer Page 2 November 27, 1991 made acceptabte. A 50 gpm water supply is adequate to meet the needs of the subdivision assuming that there is adequate storage to provide for peak demand and fire protection flow. Five additiona! wett sites have been identified in the water right application and permit apptications have been filed for these wells. The purpose of these wells is to provide back-up to the Wooden Deer Well No. 1. lf you have any questions, please call. Sincerely, PSB/mmm 267-1 .O arudwl.267 Attachment t T I I T T I I T T T I T T T T T I I T T T a.. -1,IIIIIrIIIIIIIIIIIIIIIIIII FIESOUFICE ENGINEEFIING INC Mr. Scott Writer CLDC President PO Box 9705 Aspen, Colorado 81 61 2 RE: Wooden Deer Well December 17, 1991 Dear Scott: A copy of the results of the water quality test for Wooden Deer Well No. 1 are enclosed. You will note that the water sample meets the requirements set by the Cotorado Department of Health for drinking water for all parameters tested. You may want to send a copy of the lab report to your civil engineers for their information. Sincerely, RESOURCE ENGINEENNG, INC. Paul S. Bussone, P.E. Water Resource Engineer PSB/mmm 267-2.O rd&rr.207 Enclosure Consulting Engineers and Hydnologists EIOP Gnend Avenue, Suite 3OP t Glenwood Spnings, CO BlEiOl r [3O3] *l#777 t Fax g*11i T T T T T I I t I I I I t I T I T T t . JOHN C. KEPHART & CO. :I IflANO JUNIIION LABOflAIOflIIS . - r".. ..rt"=l;il;- ' ' -; -'""on = ,0"'r"1" - t .RAND JuNcrtoN, coLoRADo 8r5ot --nnllu dulttr I lull L,IUU ltll I U lLl LtJ ' ' r;;;;ia;nr.- -o pHoNE itz'tua o .RAND ruNcrtoN, coLoRADo 8t5o*, """$,ENUE. : ' 'i';Ji rrr"EiGit;;";iifu ;';;. , scat'r' rrrer ' ' I: !,.-.!r ..-..'.r-' i du.. Lect \U .t'' r,i r.1at2/12/?l Detc Repctcd :;&;:: ,'W l' t t / t5/?t .-:.-.. J.,--..--,, ". - t....*i .-.. .l u . ItiO ntct"!-.--^ -. - -,:f :i.i =.:,_. O;6ZE| , .i:._ Nei I Nater ll/14/cl hlooden Oeer htel I ?Pn . Arsen;i c (As ) O. OOA ng/ )..{ri i Earium(Ba) -.;;t-, O.O5 ng/t 'Cadmiun (Cd) O. OOOO ng/ I ':. , -/ ' '"2/ J,,j*' ' /'-\dnron.lv6(Cr ) { be9o ng/ 2 -[Fluor.ide(F) ? Q.57 ng/) f Lead(Pb) O.OOO na/l l'lercury (Hg ) O. OOAO() ng/ ) Ni tra',Ce (N) I .26 no/ l Se)eniun(S.e) - ,- O.OO?. n941" €i lver (Ag) O.OOO9 no/ l Turbi,Cttv(NTU) O.lB uater ?| ,. . . _-. .,__ +1.,_..;_,; i:.-_"_;. Linits suggested by *'Heatth for human consumotion (:'o:. t.O ng/l ; : O. OS ng/ I .1 4 ng/l O.05 ng/1 O. OO2 mg.') lO.() mot I -*'O,.OZ .firg,r'J' ',-, .::::.-.;.' :- O.c)5 ng,'I 1.O LabeDir: Ertan 5. Bauer ItI T t T I I I I I t t t t I t I I I I I 1ff)l Grand Avenue, Suite 2-E Glenwood SPrings, Colorado 81601 (38) 94$1004 (303) 92s6727 Fax (300 9/L15948 Ianuary 20,1992 Mr. Scott Writer P.O. Box 9705 Aspen, CO 81612 RE: \trooden Deer Subdivision Potable Domestic Water System Requirements Dear Scofr: llhe purpose of this lecer is to provide you with sufficient information to meet the requiremens of the Carneto County SubdivisionRegulationswith respect to preliminary plat submittal for a potable domestic water supply iystem for the wooden Deer Subdivision. The report will also summarize current nn estigaiiitir .ia facilities which exist for the water system as well as the engineering design parameters for proposed facilities. 'Water Source A productionwell was completed in November, 1991, under the directionof Resource Engineering, Inc. The well was drilled by SheltonOrilling Company, and testpumpedby Saryrelson-Pump Company, Inc' Resource Engineering, fo.. n." reported that the long term reliable yield of the welt is 50 gpm. Resourcg iogio.r.iog,-1o.. Ar]o'tested the pioduction well foi water quality parameters a1d-reported that the well water does meet all the mandatory Primary Drinking Watei Standards of the Colorado Department of Health. Based on this information, it is our opinion that there is not a need for central water treatment' other than disinfection at the well head. Water System Design Parametens Table 1 (attached hereto) summarizes calculations for determination of the quantity of water needed to be produted by the water system. Table 1 indicates that the in-house, or non-irrigation season, system r{uirements are 8 gpm ,"0 ZO gpm for average day and peak day reqtrirements, respectively. fh9 re{uirements ror irrilition seasoo ose, which would include both lawn irrigation during the peak month ofiune, as well as in-house use, would be 12.5 gpm and 31 gpm respectively. rffith respect to water production capabilities, it is necessary for the water source to be able to produce water at ine peak day demand. The production well constnrcted this falt has a long-term yield of 50 gpm, which is greater than either the peak day demand for the irrigation or non-irrigation season. Therefore, the existiig production well is capable of meeting the demand requirements at full buildout. This system will be classified as a public water system upon buildout. Therefore, it will be necessary to provide for disinfection of the witer source prior to distributionto the individual rNers. A pump house will be constructed near the well head. The pump house will contain pump controls as well as chlorination equipment. Chlorine contact time will be provided by the storage tl"k discussed below by providing a separate feed line directly from the well head to the storage unk prior to distribution. CO'VSULI,,{G EI{G"{EERS I SURYE I I t I I I I t T I T I I T t I t I I Ianuary 20, t992 Mr. Scott Writer Ptge 2 To provide for instrnEneous demands and daily operating sPtage, a storage q+- is proposed. The rtorrg. tank should be sized at twice the average day demand, or a minimum of 36,000 gallons. The storage tank pro,posed for this project is 50,000 gallons. Fire protection will be provided by a buried 1O,O0O gallon cistern located as shown on the attached draw^ings and the additio-nal t+,000 gattons in the storage tank. The cistern will be provided with a draft connection for utilizationby fire ngntiog equipment. The cistern will be filled manually from_the ce$ral water system after use. A 6' line will be extended from the water storage t4nk and a fue hydrana installei at the culde-sac. While the primary purpose of the storage ta* is for operation of the domestic system, the fue hydrant will allow aCcess to the storage for drafting in the event a fire and need by the Fire Deparment. TLe distribution system will consist of 3" diamaer PVC piping extendedto each of the individual lots. Taps will be provided to the lot line; it will be the responsibility of the individual lot owner to extend the ru*i.. line to individuat residential stmctures. Because of site topography, there are a number of the upper lots in the subdivision that will require booster pumps, depending upon the exact location of uuitaings on the lots, in order to create sufficient in-house pressues. Booster pump systems will be located within the mechanical rooms of the residences affected and would consist of a pump and pressure tmk system. In summary, the test well constmcted this ,, ; r"1"* to provide both water quantity and w{r qualrty foi-Oe proposed project. A complete system can be constructed by following the recommendations above. I will remain available to provide further information to either yourself or Garfield County as necessary to address any other questions concerning the domestic potable water system for Wooden Deer Subdivision. Respeafirlly submitted, SCHMUESER GORDON MEYER, INC. DWG:lec/91174 GORDON MEYER, - IIIIIITIIIIIIIIIIII T.ABLE 1 WOODET{ DEER SI,'BDIVISION DOMESTIC FOTABLE WATER, SYSTEI}T DEIVIANDS cma,mToo, E,oz =m mP =p Non-Irrigation Season Average Day Peak Day (2.5 x average day) Irrigation Season Average Day Peak Day In-House (D ll,500gpd/ Egpm 2E,900 gpd / 20 gpm ll,500gpd/ Egpm 28,900 gpd / 20 gpm Irrigationo -0- -0- 6,500 gpd / a.5 gpm 16,000 gpd / 1l gpm Total ll,500gpd/ Sgpm 2E,900 gpd / 20 &,m 18,000 gpd / 12.5 gpm 45,(m gpd / 3l gpm (u (, 22 units at 3.5 capita/unit and lfi) gpd/capita; allowance of 50% for caretaker units. 2000 square feet of lawn per unit; 0.596 A-F/A during peak monfhly of lune. IIIF.IT,IrrrrrIIIIIIIIIIIIII RE: I T t t T T T t T T t I t t I I t T I RESC]UFICE ENGINEEFIING INC Mr. Scott Writer CLDC, President PO Box 9705 Aspen, Colorado 81 61 2 October 29,1991 Wooden Deer Subdivision Water Requirements Dear Scott: The purpose of this lctter is to present a comparison of the water requirements for three development alternatives for the 105 acre parcel of land on Crystal Spring Creek near Carbondale. Alternative No. 1 assumes that the parcel will be subdivided into three 35 acre lots each with an exempt domestic well serving three homes and one acre of irrigation. Alternative No. 2 assumes only two 35 + acre lots with three homes each and one acre or irrigation served by two exempt domestic wells. Alternative No. 3 is a 22 lot subdivision each lot with one single family home with an attached caretaker unit and no more than 2,000 square feet of irrigation per lot. Table 1 presents the total water demand and the consumptive use distributed on a monthly basis for each alternative. A comparison of the consumptive use, or depletion to the stream system, shows that Alternative No. 3 has thE least impact. The total annua! consumptive use is 3.94 acre feet and the irrigation season consumptive use is 2.97 acre feet. The average consumptive use rate for the 22 lot subdivision is only 3.7 gpm (gallons per minute). The water demand of the development is expected to have an immeasurable impact on the surface flow in the adjacent streams. lf you have any questions please call me at your convenience. Sincerely, RESOURCE ENGINEERING. INC.tu Water Resource Engineer PSB/mmm 267'2.O 2rwdrw.287 Attachment Consulting Engineerrs end Hydrologists ElO2 Gnand Averue, Srite 3OA I Glenurood Spnings, CO El16gl I tS0gl 945$777 I Fax g+113-. I I t I I I t t I I I T T I I I T I T ALT. 1 - ALT. 2 - ALT. 3. TABLE 1 WATER REOUIREMENTS COMPARTSON CRYSTAL SPRING CREEK DEVELOPMENT ALTERNATIVES (Values in Acre Feetl Three 35 acre lots, three exempt wells serving a total of nine homes and three acres of irrigation. Two 35 acre lots and three 10* acre lots, five exempt wells serving nine homes and two acres or irrigation. 22 tots, 22 single family homes with caretaker units and a total of 1.0 acres of irrigation (2,000 SF per lot). MONTH TOTAL WATER DEMAND CONSUMPTIVE USE ALT. 1 ALT.2 ALT. 3 ALT. 1 ALT.2 ALT.3 JAN FEB MAR APR MAY JUN JUL AUG SEP ocr NOV DEC 0.300 o.271 0.300 0.501 1.707 2.080 1.994 1.393 1.221 0.s86 0.290 0.300 0.300 o.271 0.300 0.431 1.238 1.484 1.429 1.028 0.911 0.490 0.290 0.300 1.099 0.993 1.O99 1.135 1.573 1.666 1.669 1.467 1.377 1.195 1.063 1.099 0.045 0.041 0.045 o.212 1.171 1.476 1.400 0.919 0.789 o.274 0.044 0.04s 0.045 0.041 0.o45 0.156 0.796 0.998 0.948 0.628 o.540 0.198 0.044 o.045 0.165 0.149 0.165 o.217 0.544 o.642 o.621 o.459 0.411 o.242 o.160 0.165 TOTAL 10.943 8.472 15.435 6.461 4.483 3.940 CTL/THOMPSON, INC. CONSULTING GEOiECHNICAL AND MATERIALS ENGINEERS PRELIMINARY GEOLOGIC AND GEOTECHNICAL INVESTIGATION UNNAMED 106 ACRE PARCEL ADJACENT TO CRYSTAL SPRINGS ROAD AND COUNTY ROAD 104 GARFIELD COUNTY, COLORADO Prepared for: Carbondale Land Development Corp. P.O. Box 9705 Aspen, Colorado 81602 Attention: Mr. Scott Writer Job No. 18256 234CENTERDRIVEGLENwooDSPRINGS,coLoRADoal6ol(3o3)915'2809 T I I I t T T I TABLE OF CONTENTS SCOPE SITE CONDITIONS SITE GEOLOGY . PROPOSED CONSTRUCTION SUBSURFACE CONDITIONS SITE GRADING FOUNDATION AND PAVEMENT CONSIDERATIONS PERCOLATION TEST BESULTS SURFACE DRAINAGE LIMITATIONS . . . FIGUBE 1 - LOCATIONS OF EXPLORATORY BORINGS FIGURE2-SUMMARYLoGSoFEXPLoRATORYBoRINGS FIGURES3AND4-SWELLCoNSoLIDATIoNTESTRESULTS TABLE 1 - SUMMARY OF IABORATORY TEST RESULTS T I I I I T T T I T I I I scoPE This report presents the results ol our preliminary geologic and geotechnical I investigation for an unnamed 106 acre parcel adlacent to Crystal Springs Road and I County Road 104 in Garfield County, Colorado. The purpose of our investigation was to evaluate subsurface conditions to develop opinions about suitability of the site for the I planned residential development. we present preliminary opinions of foundation types' lslab.on-gradeconstruction,pavementsectionsandpresentresultsfrompercolationtests performed at the site. The report discusses general geologic and subsurface conditions I and presents our recommendations for site development. I *,.,",]l"o;':.ffi:::'; ::;'.il:,*];:::"::ffi ::,:":: :: I experience. Recommendations were developed based on our understanding of the olanned construction and site development. A design level geotechnical investigation ! shoutd be performed to provide individual design criteria for foundations at specific lots' I I srE coNDtrtoNs I The 106 +/- acre site is located on the north side of the Roaring Fork Valley approximatelyl.5milesnortheastofCarbondale,Colorado.Locally,thisareaisknown I as spring Valley. The topography of the land surrounding the property was moderately I steep to steep rolling hills forming the valley side to the north with more gentle slopes I flattening to an ancient river terrace of the Roaring Fork River to the south' Mount sopris I and other high mountain peaks in the White River National Forest could be seen to the I south. t I I I The ground surface slopes from the north to the south across the site' A transition from comparatively gentle slopes to moderately steep slopes occurs at the site' I ropographic mapping and visual estimates determined grades of 5 to 20 percent on the I southern half of the property and grades ranging from 15 to 35 percent on the northern hall of the property. Gravel and basalt boulders on the ground surface were common on I the northern half of the site. Vegetation was generally sparse to the south and dense to I the north. Native grasses and weeds, cacti and sage were throughout the site and mature pinion and cedar trees were prevalent on the northern one half of the site' An I unimproved access road had been cut and meandered throughout the property' I I srE GEoLocY We evaluated site geology by reviewing portions of available geologic maps and li dr,*ng of six test holes. The "Geologic Map and cross sections of the carbondale ! euadrangle, West-Central Colorado" (Margaret S. Ellis and Val L. Freeman 1984 USGS) and ,,Geologic Map of the Leadville Quadrangle, Northeastern Colorado" (Ogdon Tweto' I Robert H. Moench and John c. Reed Jr, USGS 1978) were used. Mapping indicates the I site is underlain by colluvium from the Holocene and Pleistocene periods on southern portionsofthepropertyandEagleValleyEvaporitefromthePennsylvaniaperiodunderlie I the surficial soils to the north. our borings generally confirm the mapped soils' however' I the basalt boulders observed are evidence of Basalt of Bimodal suite formation from the Pliocene and Miocene period also underlying the northern portion of the site' I T 2t I I I PRoPosED coNSTRUcrloN Weunderstandthesitewillbesubdividedintoseverallots and single lamilY t residences wil be built on each rot. At this writing two structures are to be built on the I southern hart of the property and as many as twerve residences wi, be buirt on the south facing hiilside on the north halr of the site. we have assumed the buildings wiil be two I to three stores tail and wood framed. The homes on the hitside will likety have walk-out t basements, the homes to the south full basements or crawl spaces' Foundations loads ontheorderof2,ooopoundsperlinealfootalongtheexteriorwallsand50kipsonthe t interior columns were anticipated' I I suBsuRFAcE coNDlrloNs I,."",,""'.'li::: "" ;:,:l' ;:;..:-:, ::::::T:,:H:"":::" "' I preriminary foundation recommendations two (2) test hores were profile holes as part of oercoration testing. Test hore dr,,ng and samp'ng was directed by our representative' I rest hores were drilled using a truck mounted continuous flight power auger' summary I logs of the test holes are shown of Figure 2' ourtestholespenetratedvariedsoi|profiles.TH.landTH-2weredrilledon I moderatery steep terrain occurring at the northern harf of the property. we found medium I dense to very dense clayey sands with gravel, cobbles and basalt boulders and clay and silt lenses below a surficial layer of topsoil (TH-1) and man made fill (TH-2)' Drill rig refusal t was at 4.5 and 7.5 feet on basalt boulders' At our TH-3 and TH-5 locations we found I topsoil above very stiff sandy clays with gravels and cobbles, practical drill rig refusalwas T I I I encountered at 10.5 and 6.5 feet at these locations. We found medium stiff clays and silts underlainbyclayeySandsandclayeysiltswithgravelandcobblesatourTH.4location I and at the percolation field profile holes (P-1 and P-2)' No free ground water was {ound I in the test holes the day of drilling' Laboratory testing to confirm field classifications and iudge volume change t potential of the soils were performed. Two samples of the upper clays from our TH-4 and I TH-S test holes swelled 0.8 and 1 .2 percent when wetted and subiected to 1000 psf loadings.Liquidlimitsrangefrom24to50percentwithplasticindicesof2tolSpercent. I sieve analysis to determine the silt and clay content of selected samples measured 41 I to 87 percent (passing the No' 200 sieve)' T SITE GRADING t we understand grading at the site wi, be kept to a minimum. cuts and firs of 5 t feet or less may be required to level building areas, to construct the access road and to builddriveways.Thegroundbeneaththefillshouldbestrippedoforganicmatterand I topsoil prior to placing fill, on-site soils free of organic matter or other deleterious I materials can be used as fill. Fill soils should have '100 percent passing the 6-inch Screen'Fillsoilsshouldbemoisturetreatedtowithin2percentofoptimummoisture I content, praced in g_inch maximum roose rifts and compacted to at reast 95 percent of the lmaximumdrydensitydeterminedbyastandardProctordensitytest(ASTMD698).I Utilities will need to be constructed beneath roads. we recommend utility lines I on the north half of the site be as shallow as allowable to reduce excavation difficulties I of basalt boulders. we recommend trench backfill have 100 percent passing the 6-inch 4t I I t screen, be placed in loose lifts, moisture conditioned to within 2 percent of optimum moisture content and be compacted to at least 95 percent of standard Proctor maximum I dry density. T I FouNDATtoN AND ,A,EMENT coNslDERATloNs I ln our opinion the site can be developed for single family residences with a t rerativery row risk of damage from swe[ing or consofidating soirs. some precautions to I mitigate the risk of damage wi1 need to be considered during the pranning stage; 1) The r soils at the foundation elevations of the site are stable if substantial moisture increases r do not occur. Landscaping requiring irrigation shoutd not be within ten feet of the I structures; 2) Most of the homes wi, be buirt on the hi*side at the northern half of the site.Webelievebuildingenvelopesshouldnotbelocatedinareaswithslopesolmore I than 2.5:1 (horizontal to vertical); 3) Excavations ol greater than 6 feet into the hillside I shoutd be avoided if possible. These excavations will reduce stability of the hillside and result in comparatively expensive walls because of increased lateral earth pressure being t devetoped with depth; a) The deveroper shoutd anticipate that foundation drains will be lneededtobeinstalledaroundatlthefoundations'Ahighconcentrationofsolublesulfate WaSmeasured.sulfateressistantconcretewilllikelyberecommendedforconcretewhich ! comes in contact with soils on some lots' lWeanticipatespreadfootingtypefoundationssupportedbythenaturalsoilsorI densely compacted fill of the on-site soils will provide satisfactory performance' We I anticipate allowable bearing pressures in the range of 2000 to 4000 psf. The foundations I for homes built on the southern half of the site may be on expansive soils and need to 5 T t t I resist possible swelling by concentrating structure dead load. A grade beam on pads or wallongradetoundationcouldberecommendedtortheselotsindesignlevelsoilsand I foundation investigations' I ln our opinion slab-on-grade lloors can be used on the site if precautions to avoid r significant moisture increases to the soils supporting the slabs are followed' The most I effective way to mitigate the risk of swering soirs distressing srabs wourd be to construct lthelowerleveltloorswithacrawlspacebelowthefloorandsoils.Thefloorswouldthen- be suPPorted bY the foundation' I pavement subgrade soirs wi[ otter fair to good support for pavements' we I ;, " ;.,:,:".: :: ffi*,;J il-:T"":"" ;" ffi.:".': I road in the development can be paved with 3 inches of asphalt above 6 inches ol I aggregate base or with 5 inches of full depth asphalt' I PERCOI.ATION TEST RESULTS I As requested, we performed percolation tests as part of this investigation' IPercolationtestswereperformedinthesandyclaysfoundonthesouthhalfofthesite.I Percolation rates ranged from 10 to 15 minutes per inch' We anticipate a higher t percolation rate on the more granular soils we found on the northern half of the site' r Based on these limited results standard percolation fields should be appropriate' I Additionar tests on industriar fierd rocations shourd be performed. t T 6 t I T T SURFACE DRAINAGE Performanceoffoundationandconcretellatrruorkisinfluencedbythemoisture t existing in the subgrade soirs. At proposed footing erevations we found soits that will I consotidate and soils that will swell if wetted. we recommend that areas within 10 feet of residences not be landscaped. lf owners must landscape next to residences we I recommend native vegetation that requires minimar irrigation. overa* surface drainage I should be designed to provide rapid runotf of surface away from the proposed residences' T t uMffArtoNS I rhis report is preliminary and not intended for design purposes. our borings were a ::T::::::: il::::"T. ;::'::"fi::::::, J',,...--" I for the individual lots at the site' our report was based on the conditions disclosed by exploratory borings, results I of laboratory testing, engineering analyses and our expertence' we should be advised I if our understanding of the site development ditfers from what the owner is planning to permit us to reevaluate our conclusions' I rhis investigation was conducted in a manner consistent with the rever of care and r skiil ordinariry exercised by members of the protession currentry practicing under similar I conditions in the locality of this proiect. No other warranty' expressed or implied' is I made T 7 T I lf we can be of further service or if you have questions regarding this report' please call. Manager I I I I t I I I I I I T I T I I T t I -ao6e :l o o G, Fz:fo(J //\ \ \J \rtl(t1 \\\ <3, SCALE: l" = 3OO' - ',fl?O' VICINITY MAP NO SCALE TO BASALT LEGEND: TH-5o I53I+13h. P-I PERCOLATION PROFILEt-' HoLE LOCATION - 6760 I Exrsrrrue 7 ROAD =ry CRYSTAL oo =T <F6 JOB NO. t8,256 FIG. I F IJIJIL IrF 0_ trJo I I I T T T I I T TH-1 EL.=671O Tt1-2 EI ' SANDY, SILTY, SOFT, BROWN (CL) W,,*, E-i3l' sILrY' soFr ro [f:::::::: t CL' cF' r4L) MEDIUM STIFF,SLI GHTLY CLAY AND SILT LENSES, BROWN, OR TAN-BROWN (SC,GP,I STIFF TO VERY STIFF, I T T T T T t T t I T F IJJ LrJ IL I IFo u,to ,D SILT , CLAYEY, I,IEDIUM ",,=, T.4OIST, BROWN THE SYMBOL 17/12 INDICATES THAT 17 BLOWS OF MMER FALLING 30 INCFES WERE REAUIRED TO DRIVE. SAMPLER 12 INCHES. THE SYI4BS- L7/L2 INDICATES THAT 17 BLOWS OF MMER FALLING 30 INCHES WERE REOUIRED TO DRIVE. SAMPLER 12 INCHES. AUGER CUTTINGS P-1 - RIG REFUSAL VERE DRILLED OCTOBER 29, 1991 WITH A 4_INCH JOUS FLIGHT POWER AUGER. OBTAINED FROM TOPOGRAPHIC MAPPING SUPPLIED ELEVATIONS ARE APPROXIMATE \TER WAS FOUND THE DAY OF DRILLING. )UBJECT TO THE EXPLANATIONS, LIMITATIONS AND -ONTAINED IN THIS REPORT. rJRAL MOISTURE CONTENT ( % ), DENSITY (PCF) )UID LII"lIT (%) TSTICITY INDEX (Z) ICENT PASSING TI-.IE NO. 2OO SIEVE :ONFINED COI,IPRESSIVE STRENGTH (PSF).ER SOLt,tsLE SULFATE CONENTRATIONS (Z) JOB NO. 18,256 FIG. 2 T T I T I T I T T T T T T T T T T I t TH_1 EL.=671O TH-3 EL. =6475 50/9 P-2 TH-4 EL. =6390 WC=4.3 PL=25 LL=7 _200=11 50/1 TOPSOIL, CLA\" SANDY, SILTY, SOFT, BROWN (CL) FILL, CLAY, SANDY, SILTY, SOFTMOIST, BROWN (CL) TO MEDIUM STIFF, SLIGHTLY SAND, CLAYEY, GRAVELS AND COBBLES., CLAY AND SILT LENSES,MEDrU[4 DENSE To vERy DENSE, MoIST, BRowN, on-ier.r_BRowN (sc,cp,lL7/L2 WC=6 .3 LL=32 PI=6 200=62 SS=. 07 -2OO=87 6/12 6/L2 WC=S.7 DD=96 LL=24 PI=2 WC=6 .7 DD=l 19 LL=35 P I=18 50,/9 WC=l2, B DD=l13 LL=50 PI=18 0O=70 SS=1 .78 om 1l-tI I ]l m m{ F LJ lJ., lJ- IrF 0_ tUo CLAY, SANDY AND SILT , CLAYEY, I,IEDIUM STIFF, *,=,, BROWN(CL,ML) DRIVE SAMPLE. THE SYMBOL L7,/12 INDICATES THAT 17 BLOWS OFA l4O_POUND HAMI"ER FALLING 30 INCF€S WERE REQUIRED TO DRIVEA 2.S-INCH O.D. SAMPLER 12 INCHES. DRIVE SAMPLE. THE SYI{Bq- L7/L2 INDICATES THAT 17 BLOWS OFA 14O_POUND HAMMER FALLING 30 INCHES WERE REAUiRED TO DRIVEA z.O-INCH O.D. SAMPLER 12 INCHES. BULK SAMPLE OF AUGER CUTTINGS PRACTICAL DRILL RIG REFUSAL STIFF, A 4-INOi SUPPL IED AND -200=78 50/3 P-1 omT.J I I m m+ F IJ Lu tr- I IFo llJo 2. 2 4. d ELEVATIONS WERE OBTAINED FROM TOPOGRAPHIC MAPPINGBY THE CLIENT. ELEVATICNS ARE APPROXIMATE No FREE GROUNDIIATER WAS FOUND THE DAY oF DRILLING. T'-ESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONSCONCLUSIONS AS CONTAINED IN THIS REPORT. WC=INDICATES NAruRAL MOISTURE CONTENT (z) DD=INDICATES DRY DENSITY (PcF) LL=INDICATES LISUID LII.,IIT (%) PI=INDICATES PLASTIcITY INDEX (z) -2OO=INDICATES PEIICENT PASSING THE No. 2oo SIEVE UC=INDICATES UI.ICONFiNED COMPRESSiVE STRENGTH (PSF) SS=INDICATES WA'.'ER SOLUBLE SULFATE CONENTRATIONS (%) TH_2 EL. =654O Wt TH_5 EL. =64 1 O W -2 LEGEND: w E W w n F I F T w*,L? w26'12 SUMMARY LOGS OF EXPLORATORY BORINGS JOB NO. 1 8,256 CLAY, SANDY, GRAVELS AND COBBLES, STIFF TO VERYMOIST, BROWN (CL, GP. ML) I{OTES: I. THE TEST HOLES IVERE DRILLED OCTOBER 29, 1991 WITHDIAMETER CU.ITII\;U0US FLIGHT POWER AUGER. FIG. 2 T Wehopethatthisletterclarifiesanyquestions.Theconcernsareaddressedinmore r*ld;u*i?t# jj$mit":?.:'ffi j:'m[;i;:t"nff :lilft i.",i'"'""::ffj we consider the wooden Deer Lit" a good siie from a geotechnical viewpoint' AII ].otnrn.ndations within our report should be followed' Pleasecallifyouhaveanyquestionsregardingthisletter. T I T T T t T I I t T T Jro truly yours, g, P.E. T r CTL/THOMPSON, lNC. I CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS l"nu"r, 7, lssz ! t A l^ arbondale Land Development Corporation .O. Box 9705 spen, Colorado 81602 ttention: Mr. Scott Writer f ubiect:Wooden Deer Subdivision Garlield County, Colorado Job No. 18256 1r.", I Based on conversations this morning, we understand three issues of concern resulted lfrom the sketch plan review of the subject property. We have reviewed parts of the sketch plan review ("Review Agency Comments"). This letter presents our opinions and recommendations treOarding the concerns from a geotechnical viewpoint. The concerns are:1) the effect of expansive and compressive clays on home lconstruction; 2) retaining walls that may be needed on steep cut slopes: and 3) homes built on !slopes exceeding 25 percent which will occur on the northern part of the site. I As stated in the "Review Agency Comments", foundation designs will be effected by the I presence of expansive or compressive soils. We addressed this on pages 5 and 6 of our report. We anticipate allowable bearing pressures in the range of 2000 to 4000 psf for spread footing I type foundations. 'The foundations for homes built on the southern half of the site may be on ! expansive soils and will need to resist potential swelling by concentrating structure deaoload. A grade beam on pads or wall-on-grade founoation could be recommended for these lots in design I level soils and foundation investigations". Construction of retaining walls may be needed on I steeper cut slopes. tn our recommendations on page 5 we suggest excavations greater than 6 feet into the hillside be avoided if possible. lf deeper excavations are required, retaining wall ! crrteria will be presented in the site specific geotechnical investigations. ln our opinion there are I no unusual problems with retaining wall constructionat this site. The third concern regards building homes on slopes exceeding 25 percent. ln our report we suggest homes not be located ! in areas which slope at more than 2.5 to 'l (horizontalto vertical). A slope ot2.5 to 1 is eouivalent I to eS.0 degrees and also 40 percent. We anticipated homes being built on slopes exceeding 25 percent when preparing our report. Construction on slopes of 25 percent or greater is ncrmai in t Garfield County. We see no outstanding'problem with homes built on slopes of 40 percent or I tess at this site. Additionallv, homes can be built on slopes steeper than 40 percent with construction techniques to mitigate loss of slope stability. T I 234 .ENTER DRrvE GLENwooo spRrNGS. ccLoRADo 81601 (3o3) 94s-2'os I T f T I CTL/THOMPSON, INO. T CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS ecember 4, 1991 Carbondale Land Development Corporation P.O. Box 9705 Aspen, Colorado 81602 tnttention: Mr. Scott Writer Subiect: PreliminaryGeologicandGeotechnicallnvestigationI Ll?liJ'.lffifl, co,orado Job No.18256 t G"nttrr.n, I As requested, this letter presents and answers two questions you asked on the telephone t tnir .oining-'The questions arose during your review of sketch plan submittal requirements and the subject soils rePort. I you stated that U.S.D.A. Soil Conservation Service soil designations should be presented. Our Figure 2 presents graphic representations of soils found and Unified Soil Classifications. The t Unified Soil Classificatj-on'system is normally used in reports discussing development of a site I "nJ *. feel are more appropriate. Your second question was, Are there radiation hazards to the site? we know of no radiation hazard on or adjacent to the site. We appreciate the opportunity to work with you on your proiects. Please call if you have questions. Very truly yours, t I T I Jo i:chling, P.E. (anch JM:gs 234 CENTER ORIVE GLENWOOO SPRINGS, COLORADO 81601 (3O3) 94$28C9 IITIIIIIIII TAELE I SUMMARY OF LABORATORY TEST RESULTS TTTITIII SOIL TYPE ATTERBERG LIMIT CLAY, VERY SILTY(CL SILT, CLAYEY (ML) SILT,CLAYEY (ML ) CLAY. SANDY (CL) SILT, CLAYEY (ML) T T7 t6 l5 l4 ls l2 ,l I 0 T rlltiril,:llrt ,[[ ir!: lilll'l N-UND ER _C Ci N ST A NT: P R E SS UR'E. T'-- I : ,ll :llrll I I -EXPftl-Sro ::lrlzlol : I=-CLIxl I = r-- ola.rt I I e r_--z. Ioll'' APPLTED PREssuRE - KSF ro r00 I Somolesl SILT, CLAYEY (ML) I t.',., rn s ar:.s reei NATURALDRYUNTIWEIGHI= 1 13 P6; NAruRALMOISTURECCNIENl= L 2 . 8 ..1 Swell Consolidotion Test Results FIG'4 T f,. No. 182s6 zI.t7z Gxul BezIcttU,rlleG =oo 0.1 t 0 APPLIED PRESSURE - KSF Somple 9f CLAY , SANDY , S I LTY ( CL ) [1661 TH-4 AT zi.6 FEET NATRALDRYUNITWEIGHT= 1 19 rcP NAruRALMOISTURECCNTENT = 6 . 7 % Swell Consolidotion JOB NO. 1 8256 Test Results FIG.3 gXISTITC }{ABIIX . !NITETII -.--- ' a(ox }{ E< o C) \15 ,s /^r\)/c^ S] {-U T l' il il ll I I I l- , I I r"/ t IGHWAY 82 E><}IIEIIT G E!{ERGENCY FIRE EASEMENT 10,000 euror-m; PIRT Or[I I :u{ -r\ u \-Jl-)szlt-:>\ r2- --a\xlr '..r \ {- I ,, I t 1,",i\- .-, -)(lSI It Ei+ ;fill iii,ifl'fi| ;l $iiiiii rii ii iiiii i;i littr .,ilr ;f !ri Ii d ,l ttl I !t!: ;/iiillt littl'l t flti; I ililli{iliilil fiilll H#iil $ a l' IA v^\;)sz: OJ Z. t E H U)^ \rI :.E $a-t-[J- .T3I I i.il l,i rlr iI: ii: iii iiiiiir -...t rii::i ili ii i 'aiili ( ra .tls , '/IAS '/IfN r$t\rItt!l iiiiiii, iiiliiiiiiiiiiliiiiiii!!iiir ii!iii*itiii lll ir iiiii \qi O s.,\ Nu r\ E Ee i E i el /E;.qN.S* i\$P --, \ii\rl'ltltritr( fixU^q* NH =: 3 F\o F.-..il. il!.l II \\Ir I I I I liitr . i, 6 l-..r Ertitt ' '..1 Ii l,l ;ri ,+-F=-\- \-l\r: I\ l-r lliis t -\. 'r:: \l{- =r>; 3Hl',- t-rEioUE\Qbro-qh*S =ns-\-FoxiNQF-. R-Srn<Usaqa2>l ssH SHS T t I t t T T T I t I T T T T T T T vil \d ;3z ru I I I I It I ! II I I I I \t \t ilr t!ri' If \r ', "\\AA,J J\U!,r {rqu'i t L!,, 3E'\l-ll}r' Eb'i\-E \{ -+ H: d$ irEs , h;'-- | I.dalavv CE NEII3]S I t T T I T I t I t I T T T T T I T T I RE: SCT'TIUESER GOROOT{ 'IEYER 'NC. 100't Grand Avenue, Suite 2-E Glenwood Springs, Colorado 8160't (303) 94$1004 (303) 92ffi727 Fax (303) 94$5948 January 20, 1992 CO'YSUL T'ilG ET{G'II'EERS & SURYEYOPS Mr. Scott Writer P.O. Box 9705 Aspen, CO 81612 Wooden Deer Subdivision, Garfield County Individrml Serpase f)isrxrsal Svsterns Dear. Scott: The purpose of this letter is to summarize the feasibility of the construction of individual sewage disposal systems (ISDS) on the Wooden Deer Subdivision. This letter is also intended to address the requirements of the Garfield County Subdivision Regulations for preliminary plat as related to ISDS. As part of their geotechnic report dated November 13, 1991, CTlffhompson performed percolation tests on the lower reaches of the properry. Percolation rates ranged between l0 minutes and 15 minutes per inch. CTl/Thompson also observed that the soils in the higher reaches of the property were more granular than those where the percolation tests were completed and that the anticipated percolation rates in those areas are at or greater than the field results. We have also conducted a site visit and observed the approximate locations of the proposed residential stnrctures. It is our opinion that we would anticipate that standard ISDS systems can be constructed for the los within Wooden Deer Subdivision. In the event that site restraints preclude the construction of a stendard ISDS system, it is our further anticipation that engineered systems could be constructed for all the proposed sites. Attached hereto is a proposed Management Plan for ISDS. If followed, the Management Plan would assure that the septic tanks were pumped out on a regular basis. It should be pointed out, however, that responsibility for not overloading a particular system is ultimately that of the individual lot owner and that, in the event of failure of the system itself, it will be the individual lot owner's responsibility for repair and maintenance of that system. I remain available to provide further information to either yourself or Garfield County as it relates to ISDS for the Wooden Deer Subdivision. Respectfu lly submitted, SCHMUESER GORDON MEYER, INC. /-r-n*/ --/ Dean W. Gdrdon, P.E. President \ ./\- DWC:lec/91147.1 Enclosure c?L- I T T T t I T I t T t T T T T T I T T WOODEN DEER STJBDTVISION N,IT\NAGEMENT PLAN FOR INDTVIDUAL SETVAGE DISPOSAL SYSTEMS hrrpose. The purpose of this Management Plan is to provide for regular operation and maintenance of the individual sewage disposal systems. The Management Plan provides a mechanism for regular pumping of septic tanks and for funding the cost thereof. This Management Plan is not intended to provide for common ownership of sewage disposal facilities, nor to provide a mechanism for funding for (or the acnral construction of) replacement of individual systems. Responsibility of Management Plan. The Management Plan shall be the responsibility of the Wooden Deer Subdivision Homeowners Association. The Homeowners Association shall make arrangements with a septic tank company for pumping of septic tanks on a two-year, rotating basis. C. Funding. The Wooden Deer Homeowners Association will collect, as part of the Association dues, sufficient funds to pay for the bi-annual pumping of septic tanl6. The amount of funds collected shall be adjusted as necessary to pay the cost of the Management Plan. D. IndividualHomeownerReponsibilities. Provide access to the septic tank for purposes of cleaning. Pump septic tank more frequently, if required, based on actual use. Initially install, and subsequently replace, failed leach field systems as required, all in accordance with applicable Garfield County Health Codes. 1. ) 3. UESER GORDON MEYER. INC. tlr June 11, 1992 Mark Bean Garf ield County PIann'ing Dept.'109 8th Street, Su i te 303 G I enwood Spr i h9s, Co Iorado 8160'1 State Services Buildinc 2225.6th Street, Room 416 Grand Junction, Colorado 81501 Telephone (3OS) 248-7 325 Dear Mr Bean, Mr. Scott Wr iter of Carbondale Land Develooment Corporationnecently requested our office to make a wildfire hazand review ofthe $Jooden Deer Subdivision in Garfield county. I vis'ited thesite on June 10, and I have the fo'l Iowing comments in regand towi'ldfire hazard in this proposed development. The proposed subdivision includes two distinct fuel types: p jnyon- jun'iper wood'land and sagebrush-grassland. R'isk of wi'ldf inein both of these types is moderate to high. ln the pinyon-juniper type, the good news for future residents isthat sunf ace f ires are of ten hampered by sparse f ue I s , mak i ng 'it difficu'lt for a fire to spread. The bad news'is that under hot,dry, windy conditions, sevene crown f ires c_ae develop, creating avery dangerous threat to homes. I n th'is part i cu I ar s'ite, thepinyon-juniper is mature and fairly dense. Grass cover isvariabIe, with some patches of high grass and other areas of banesoil or rocks. The biggest threat is from a crown f ire. Thisthreat is compounded by a reIative1y 1arge amount of down and standing dead material in many places. Some of this material appears to be the result of past cutting. where slash has beenleft and has not rotted. Slopes on the proposed development are 20 to 30%. Though not severe, this slope would also contribute increased spread of a fine on the site. Of particulan concern toisthe drainage within lots 15, 18, 17, and 19. A drathis creates a natural "chimney" for for a fire or nage such asginating in the lower end. W i th i n the sagebrush-grass vegetat i on type, f ires ane a'lsolargely dependent on the gnass coven, which w'i ll carry fire between sage plants. As with the pinyon-juniper type, a f'jre in sagebrush-grass can, under certain dr y and windy conditions, be extremely fast-moving and intense. There 'is good grass cover onthis particuiar site, es it does not appean to have been grazed necent I y. As stated in the covenants for this subdivision, I recommendfol low'ing the guidel'ines for w'i ldf ire prevention outl jned 'in the CSFS pamphlet "Wildf ire Protection in the W'i Idland Urban JUN r 2 tuz GAFTFiHLD COUNTY V&rorzgr.l @ Pe<*r^rr. /^rAAr.{ Tnad Ft€ l. lnterface". This should 'include creating a defens'ible spacearound homes'ites by th i nn'ing out trees w i th'in 30 f eet of homes .This distance should be increased to 55 feet on the downhi'l I sideof homes on s lopes, such as iots *7 thr^ough '10. Not aI I treeswithin this area need to be cut; thinning should simply reducetree density so that the crowns of trees are at Ieast l0 feetapart. ln addition, trees left should be Iimbed to remove dead bnanches that will act as ladder fuels. Down dead and stand'ing dead tnees, 'l imbs, and debris should also be removed fnom thedefens'ible space anea to neduce fuel Ioading. on lots with'in thesagebrush-grass type, I recommend cleaning alI gnass and brush toa m'in imum d i stance of 10 f eet f r om the structure. Low grassspecies should be plant,ed 'in th'is area, otr it should be kept mowed. Regarding access for f ire vehicles,the CSFS recommends a m'inimumroadway w'idth of 34 feet, 'inc'luding ditches. Plans for this development show road widths of 26 to 30 feet. tt is alsodesirable to have more than one public access point into thesubdivision, so that the area can be evacuated easily in the caseof a f ir e. The road plan for Wooden Deer basical1y invo'lves one mile-long cu I -de-sac. CSFS recommends a max'imum cu I -de-sac I ength of 750feet. Tunn-around points shou'ld be constructed at a minimum ofevery 750 feet in order to alleviate this problem. Water avai labi'l ity shou'ld be adequate, given the plans forconstruction of the three cisterns as shown. Should you have any questions regarding the above comments,please calI me at 248-7325. Sincerely,%lF- Kel Iy RogersAsst. Distlict Forester cc: Scott Writer TI CAR.BO TDAI-E I-ANID DE\'EI-OPMEI{TT COR.POR.AIIIOI{ */o Scott l{riter, Presidenc Post Office Box 9705 Aspen, Col.orado AL6L2 ( 3O3) e2o-4477 May 23, 1992 Garfield County Planning Office 109 Bth Street, Suite 303 Glenwood Spritrgs, Colorado Dear Andrewl Upon review of Resolution No. 92-O43, regarding the Wooden Deer Subdivision I noticed an error in Paragraph 23. 2. b. regarding dogs. At no time during the public hearing process did I agree to require that all dogs be neutered. I have checked with my attorney and he also has no recollection of me making an agreement to neuter dogs. The subject did come up and was discussed, but no agreement was made by me on that point. After Iimiting dogs to no more than one per lot I felt that that was more than sufficient to address the concerns of the County Commissioners regarding this issue. If you are unwilling to make this change I would insist on hearing the public record. Though I have faith in the ability of the Clerk and Recorder to accurately transcribe the public record into writing I can't believe that I agreed to this onerous restriction. I 'm sure eas]'ly. I dilemma. corrected this is just a technical m sorry for the hassle but Please get back to me error that can be worked out I'm sure you can understand my as soon as possible with the Sinc e1y ale Land Writer Development Corporation Pres ident ilAr 2 9 $s2 Ca rbo Scott TO: FROM: DATE: RE: MEMORANDUM Mark Bean, Director - Regulatory Offices and Personnel Andrew McGregor, Planner June 25, 1992 Resolution No. 92-043: Preliminary Plan Approval for Wooden Deer After sending the applicant a copy of the above-mentioned resolution, we received the enclosed letter from Scott Writer. In his letter, Scott contends that the resolution is in error, speciflically that requirement for neutered dogs. It is Scott's contention, and apparently that of his attorney as well, that the actual approval of the BOCC was for one dog regardless ol reproductive abilities. In reviewing thismatter, I obtained a copy of the minutes. The minutes indicate that Scott is correct and that the Board only encouraged neutering of dogs in the final motion- It may be necessary to listen to the tapes to verify Scott's assertion. However, based on their repiesentations during the Aspen Glen hearings, it appears that the Board felt they required neutering. Scott is requesting clarification of this issue. In this case, I feel that Scott is correct and that the Board did not specify neutering in their motion, whether by intent or omission, I don't know' Therefore, I feel that a resolution amending Resolution No. 92-043 should be prepared and adopted correcting the dog reproduction issue. LEAVENWORTH & LOCHHEAD, P.C. ATTORNEYS AT LAW E1,rt t @-1f-- n -%-a..- .4.Zbq(Z LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. ADKISON HAYDN WINSTON 1011 GRAND AVENUE P.O. DRAWER 2O3O GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 Apil 16, 1992 FAx;.,(303) s45-7336 .Gf' Mr. Andrew McGregor County of Garfield 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Wooden Deer Subdivision Dear Andrew: Enclosed herewith ,ue revised comments concerning the proposed approval conditions which we are submitting on behalf of the Carbondale land Development Corporation. These comments supercede the comments previously submitted to you which were included as Exhibit "J" at the Board of County Commissioners public hearing on the preliminary plat which was held April 13, L992. These changes are being offered in response to some of the concerns raised at the public hearing. The significant changes include: 1. Concerning the recommendations of the Colorado State Forest Service, we have added a sentence that requires the Architectural Committee to consider the guidelines in "the most current wildfire publication by the Colorado Silrte Forest Seryice. " Although we would like to continue the concept of pre-approved building sites by identifying a point on each lot for which Architectural Committee site approval will not be required, we have added a sentence in the covenants that provides: Site locations are subject to Article IV, Paragraph 6(a) herein. The reference paragraph requires a soils and foundation report and grading and drainage plan, by a professional engineer, to be provided to the county as a condition of building permit application. To further reduce any potential impact, which we believe is negligible, on air quality, we have restricted each lot to one open wood-burning fireplace and one Colorado certified wood-burning stove. Gas burning fireplaces shall be encouraged. 2. 3. C: \FILES\MCGREGOR. 2LT LEAVENWORTH & II)CHHEAD, P.C. Mr. Andrew McGregor April 16, 1992 Page 2 4. We have limited each lot to a maximum of two mature dogs and have defined a mature dog as a dog older than four months. We have also expressly prohibited commercial animal breeding activities of any kind. We are also submitting to you revised draft protective covenants which reflect the changes outlined above. Finally, we are submitting a letter in response to the assertions by the Garfield County Citizens Alliance concerning an air quality evaluation. Please distribute this letter and the enclosures to the Commissioners and others as appropriate. Very truly yours, LEAVENWORTH & LOCHHEAD, P.C. LEL:lln Enclosure cc: Don DeFord, Esq., w/enc. C: \FILES\MCGREGOR 2I]T LEAVENWORTH & LOCHHEAD, P.C. ATTORNEYS AT LAW 1011 GRAND AVENUE P.O. DRAWER 2O3O GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 FAX: (303) 94s-7336 Apil 16, 1992 Board of County Commissioners Garfield County Courthouse 109 Eighth Street Glenwood Springs, CO 81601 Re: Wooden Deer Subdivision: Comments of Garfield County Citizens Alliance Dear Commissioners: On behalf of the Carbondale I^and Development Corporation, I would like to respond to the comments recently made by a representative of the Garfield County Citizens Alliance concerning the proposed Wooden Deer Subdivision. The representative indicated in rather strident terms that he will force the Board of Commissioners to require an air quality evaluation for the Wooden Deer Subdivision pursuant to the Garfield County Master Plan. The Master Plan states at Page 12 the following objective and policy: [OBJECTIVE] No. 3 - Discourage new development that cannot mitigate major air or water degradation that will be a result of the proposal. [POLICYI No. 3 - The County will require major development proposals to evaluate their impact on the County air and water quality and may require mitigation of any identified major impacts. (Emphasis added). After a careful review of the Garfield County Comprehensive plan, zoning resolution, and subdivision regulations, I find that there are no definitions for the terms "major development," "major air or water degradation," or "major impacts." I would submit to you that the proposed Wooden Deer Subdivision, which includes 22 units on large lots, with an average density of one unit per 4-ll2 acres, is not a "major development." Furthermore, I submit that this development will not have a "major impact" on the aii quality in the area. As currently proposed, each lot will be restricted to one open fire place and one state-certified wood stove, with gas fireplaces allowed. LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA THOMAS L. ADKISON HAYDN WINSTON C:\FII FS\BOCC.2LT IEAI,ENWoRTH & I,oCHHEAD, P.c. Board of County Commissioners April 16, 1992 Page 2 Obviously, the Board must look to the County's comprehensive plan in evaluating the Wooden Deer Subdivision. However, the Colorado Courts have made it clear that: The Master Plan itself is only one source of comprehensive planning, and is generally held to be advisory only, and not the equivalent of zoning, nor binding upon the zoning discretion of the legislative body. Theobald v. Board of County Commissioners , 644 P.2d 942, 949 (Colo. 1982); See also, Best v. LaPlata Planning Commission,70lP.zd9l,96 (Colo. App. 1984) ("The Master Plan is advisory in nature only and does not have the force of regulation."). Whether or not the Wooden Deer Subdivision is a "major development" requiring an air quality evaluation is a matter for the Board to decide at its sole discretion. In making that decision, the Board is acting in a "quasi-judicial capacity," Best v. I-aPlata Planning Commission, Supra 701P.2d at94. Such a decision can only be ovemrled if a Court finds that the Board "has exceeded its jurisdiction or abused its discretion." Id.; C.R.C.P. 106(4). Recent decisions have held that the Cgp*p-.qrqst.gphold a planning decision made by a local government unless it was "arbitrary ana ffifr&i#Si' or "thlre is n-o competent evidince in the record to support it." Sellon v. City of Manitou Springs, 745 P.2d 229 (Colo. 1987). To summarize, I believe that the proposed Wooden Deer Subdivision is in compliance with the Garfield County Comprehensive Plan, because it is not a "major development," and will not have a "major impact" on the air quality of the valley. Furthermore, we believe that the Board of County Commissioners has ample authority to make those findings, and not require an air quality evaluation for the Wooden Deer Subdivision. We appreciate the Board's consideration of these matters, and look forward to discussing the Subdivision proposal with you further. Very truly yours, LEAVENWORTH & LOCHI LEL:lln cc Scott Writer Don DeFord, Esq. LOCHHEAD, C:\FII F'S\BOCC.2LT TOODEN DEER SUBDIVI8ION 4/L6le2 COMMENTS CONCERNING PROPOSED APPROVAL CONDITIONS The Carbondale Land Development Corporation (CLDC) concurs in the Planning Commission recommended conditions from the meeting of March 1-L, 1,992, contained in paragraphs L, 2, 3, 4, 5, 6, 7, 8, 9b,9c,10, LL,12, L3, L6,18, L9r 20r 2L,22,23,24, and 25 (see below for additional considerations regarding paragraph 25). The Applicaat requeats that the Board of County Conmissioners woulA tmend paragraphg 91, Lll, 15, and 17 Ln tbe following manner: Paragraph 9a: PROPOSED PL,JITNING COilIfiSSTON CONDITION (P7at Note) s9a. The recommendations of the CoLorado State Eorester and U.S.f.S.wildfire prevention guidelines shaLl be tolfowed in the construction of a77 structures. CLDC Proposed Plat Note: The reconmendations of the ColoradoState Forester wildfire prevention guidelines, specified bythe pamphlet. I'Wildf ire Protection in the Wildland Urban Interfacerr prepared by the Colorado State Forest Service (CSFS #L43-69L) shaIl, w@icel-, be followed in theconstruction of a1l structures. The Architectural Comnitteewill consider the guidelines in the most current wildfirepublication by the Colorado State Forest Service hrhen reviewing proposed structures. CLDC Proposed Covenant: The Wooden Deer Architectural Committee shal1 follow the recommendations of the ColoradoState Forester wildfire prevention gui-de1ines, specified bythe pamphlet rWildfire Protection in the Wildland Urban Interfacerr prepared by the Colorado State Forest Service (CSFS #t+3-agt) attached hereto as Exhibit B, wherever practical, ingranting approvals for construction of residences and otherstructures submitted to it for approval. The ArchitecturalCommittee shall, whereve-rra-ctica1, incorporate theguidelines set forth in that parnphlet into the plans approvedfor lots in the Subdivision to protect the SubdJ-vision, andall of the buildings constructed therein, from the danger ofwildfire. The Architectural Committee will consider theguidelines in the most current wildfire publication by the Colorado State Forest Service. No shake or-ltreatedrr shake roofs will be allowed in the subdivis ion.fu{#al roofs or other f ire resistent roofs willbe required. Siding of aII structures shall be either, 1)constructed of fire retardant materials, or materialsf'treatedrr to be f ire retardant, or 2) have an internalsprinkler system for fire protection. Paragraphs 14 and 15! PROPOSED PLANNING COUMISSION CONDTTTON s14. The Einal Plat shall identity buiTding enveTopes that are in conformance with the recotwnendatione of the geotechnical report. 15. That a plat note requiring ataking and certification by a R.tr.s. verifying buiTding locaxion rtithin apptoved enveTope. ?his requirement sha77 be incorporated into the testrtctive covenants. CLDC Proposed Covenant: No Etructures or improvements, otherthan fences, shall be constructed within those shaded areas which contain 40 percent or greater slopes shown on the map attached hereto as Exhibit A and incorporated herein by thisreference, which areas shall remain as open space. Pre-approved points for building sites for the primary dwelling structures for each lot are identified on the Final Plat and monumented on the property. Site review by the Architectural Cornrnittee for the primary dwelling structure isnot necessary so long as the structure, excluding openporches, decks, carports, and garag€sr is over the identifiedpoint at some location, subject to County setback requirements.Site locations for the primary dwellingstructures which are not over the pre-approved point must be reviewed by the Architectural Committee. Site review for al-Iother structures and improvements must be undertaken by theArchitectural Committee. Site locations are - sub-iect toArticle IV Parasraph 6 (a) herein . - #{<-Lr#q; //^,J fl, / z ?Z Paraqraph 12 s {N>- PROPOSED PLAIINTNC COMMISSION CONDITION :17. That ten (10) foot perimeter easements on each lot should be provided tor utiTity purposes. Based on information supplied by HoIy Cross in a letter dated March 31, 1992 this paragraph should be deleted, to bereplaced by: CLDC Proposed Amendment: Easements for utility purposes, acceptable to HoIy Cross and sufficient to supply each lotwithin the subdivision with services, wiII be supplied by the Applicant. Paragraph 25: The Applicant will provide additional lirnitations by covenant based on the reconmendations of the Planning Commissionregarding fireplaces, dogs, and guest houses as follows: f-) Fireplaces. No more and no more than onemay be allowed per transferred from one than one (1) open woodburning(1) Colorado Certified woodburning sgerue1ot. Fire place uses may not belot to the next. Gas-burning fireplaces dut,'.u- shall be encouraged and allowed within the subdivision. Domestic Aninalg. Except as expressly timited herein, domestic animals shalI be permitted subject to any rules andregulations which may be promulgated by the Board of 3) Directors. No farm or ranch animals shall be permitted to be boarded within the subdivislon.A lot owner shall be entitled to keep a naximum of two (2) mature dogs on his property. A mature dog shall be considered to be any dog older than 4 months o1d. Dogs sha1l be kept under the control of the owner at all times and sha1l not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in fuII control of such dog. Dogs shall be leashed, chained, fenced, rrelectric f encedtr, kenneledr or housed at aII tiues. Metal fencing will be allowed for the purposes of kenneling dogs. Location of kennel shal1 be subject to review of the Architectural Committee. The Homeowners Association ehall have the right to assessand enforce penalties against owners violating these restrictions applying to dogs as follows: One Hundred Dollars ($1oo.oo1 for the first violation committed by an owner's dog and one Hundred Dollars ($100.00) plus an additional fifty Dollars ($50.00) for each subsequent violation such that thefine increases in Fifty Dollar ($50.00) increments for each succeeding violation. Should any dog be caught chasing or molesting deer, e1k, poultry, or any domestic animals, the Homeowners Association shall be authorized to prohibit theproperty owner from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other ownersr domestic animals. Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects, and waste at alltimes. No commercial animal breeding activities of any kindshall be pernitted within the subdivision. Notwithstanding the foregoing, no animal(s) may be keptwithin a lot or the residences which, in the good-faith judgrment of the Board of Directors result(s) in any annoyanceor are obnoxious to residents in the vicinity or to lot ownerswithin the Subdivision. \tGuest f,ouses/Aceessory Uses. All *a@& @accessory use shall be permitted t.o be constructed along witheach single-family residence subject to Garfield County Regulations and Architectural Control Committee review. In the event such a use is approved, the guest house or accessory use shall not exceed seven hundred fifty (750) square feet insize, exclusive of open porches, decks, carports, and garages. The square footage of the @it shall not be included in the minj-mum or maximum amounts of square footage for residences as provided in Paragraph III(1), above. If approved,9ffiacceSsoryuSessha11beusedon1yin association with the principal residential use of each lot and may under no circumstances be rented either short or long term. HOLY CROSS -.-ECTRIC ASSCIIATION, INC. 3799 Hlcl{}vAY 82 P. O. l)lr,AwER 2l s0 GLEI.iWOOD SPRINCS, COLORADO 8 I 5O2 Iilarch 31, L992 Mr. AndrewGarfield 6unEY Flanning office Springs, Colorado 816oL RE:Wooden Deer Subdivision Easements Andrew:Dear Enclosed is a map showing our proposed facilities for the above mentioned subdivision. If the developer is willing to grant as constructed easements for the new facifitielr Do other easements would be required. If you have any questions, Please (J03) 94s"549r FAX: 945-408 t Sincerely, HoLY cRoss EI8cTR.1/,/ArSsocIATIoN, contact me. INC. A. Fran Engineer Enclosure JAF: rjm W / o*92-L32 6 4. 65-25 : Wooden Deer Subdivision t ,.'tji{i i! }|AR I I 1992 GAHFIELD COUNTY i4r:ruHT SLrF,ftI5 Sr_rIL t:',irNSEilVA-l-Ir:rN DiSTRIC:T F . r:r . EI:JX 1:r{}I GLEMILil:rp SFftiNGS, Cr:r Er16i)1 MARC:H 1rj I 1'717I Ariljre'rj lrlcGr-sq(,r- I P I anrrer Gar-f i r: t ,l {:'r-v. F i arrn i nS Dep'apirnerr l: 1i:)'ir ill'l;li 5r. 5u i tE :ju::l G lenw*'i'l 5g'r ing;, (lr: ::l l/.:,ill Dear Sirn At tilE regu iar ifi':'rrtl-r i ,v' trreet irrl 'rf tire IYI'I'Llrtl 5r'F'r'is 5'r i i {:*nssFviit i,IrIr D istr iC'b, tlre E*ar,l rev iewe,l ti're aF F'I lC;i't i':rrr End F, larr f ,:r tl're hlr:rrr,:i eFr Deer 5u!,d i'/ is i{,rr and l'raV€ tne f c' I l':w irr! f':'Infnerr 'b5 and C':, 1'rEPfrr E abrlrUt il-r e pr-r-rjeCt. Tire Dis'irici's rnairr c':'rrEerrrE cdrrtirr Ue t* t,e cr:'rtir,:rl *f Er-rI,Sirlt-r &rrrj arr:r' ,jiStUrhed arga: 9l-r,1Ul'l he t'evegr-'tated and nr*rr i'tr:rFEd f*r'Jl-rlrWth t,1 F,reverrt ErRS i,lrl't" Drairragur ha* 'bhe F,rtential r,: ['e a pr',:, 1, lern in ii-r e area a[rd grrg i rreEr- i rrJ reCr:'fnfftendat i,:ns f,t r- Ea'rriri' i,l i' dra i rrage sir,ru l d t'e r l,rse iy f ,t I l,:we,l hY the hu i lder &Frrl/r:rt- h*tner:rlJrrer. The ,Jigtf ict iz sr:'rneuhat C,:rfrcefrte':.1 a.i,r1 ut cr:rrrcefrtt.ate,l f lrrws frt'rn t,ipes wh ii:l'r cause et''ls i,tn at F iF,e ,-rut iEt arl,J drlrrl rr gtr. Barn. Tl're 'J istr ict kr,rru l,J I itre t,r 5ee des i3[r t,]r d iss ipate errergY arrd sFread f irlws. Tlre !,,;,A1'd i; aiWayS Cr:'i-rtrEi-frE,j at,,iUi ai'iilnai C,:'r,tt-i l ii-i ai-! ai-ea where tl'r eI-€ is the Fsterrt ial f ':'r- wi l'l I if e ar d':rnest ic I ivest,rcl'; Errrl rec':'Inrnendg arr inra I c,rrrtrc' I w itn irr trre sub',1 iv is i,:n. Sincerel'y, // -;/r{La-z-- 7\2t4<-Q- Dee Elue, Fresi,lent lYlr:rurtt S,rF,r i S 5'r i I C,:,rrsPrVEt i rlrFr Di Str i Ct f Cy,l, lV * -zo -7 =- SEACOR April20, 199? Mr. Scott Writer C arhondaie Land Dcvelopment Cor:poration P.O. Box 9705 Aspeu, CO 81612 RE: Wooden Deer Subdivision RWC Issue Dear Mr. Writer; This letter is intended to provide a prot'essional opinion on the potendal impacts to surrounding air resources as a result of tire proposed Wooden Deer Subdivision located approximately 2.5 miles northerut of Carbondale. Air quality impacts essociated with a subdivision project eome in rwo f6rms: impacts from constructirrn emissior:.s and impacts from rhe occupanE. Based on our cursory review of the priject. w1 do not zutticipate iny rnajor air quality degrarlarion to the area &c a reiult of your pioplsed suhdivision. Your description of the project cails ttrr 98.1 aues to be subdivided into rwenry-rwo iots tbr construction of a single tan:ily home on each 1ot- The primary constmctiou emissious will be a result of road grading in the furm of fugitive dust. This will ba mitigated by water spraying as necessaly to suppress prniculati suspension. Due to the temporary impact of corstruction, it is not expected to be a mijor iszue. Other pr"rtential impauts to air qualiry will be from the occupaffs of rhe subdivision in two forms: vehicle emission*s and residential wood combustiort (RWC) emissions. The vehicle emissions are associate,l wirh normal, every day accsss to ald ttom tire subdiyision for approximarely twenty-two tamilies. These tailpipe emissions rr.'ili be mostly cflrbon monoxide (CO) and nirogen oxide (NO)- However, because r"rf the small prrpulation of sourcas, these pr:tential inrpacts are expected to be insignifrcant when compared t0 the totai vehicle miies ffMTs) ueveled in the region associated with tourism. The frnal air quaiity issue associated with the development of a subdivision in an alpiue setring is the p0tential impact ttom rasidential wood coubustioa (RWC) from wood stoves and fireplaces. Elements thal So into ttre arralysis of ttre inpacts include evaluation of the dispersion mcteorology and the density and type of sources. In the case of the Wooclen Deer Subdivision, the di.spersion meteorology is dominated by a mountain valley circ:ulation which provides a daytime/nighttime ventilation of the area. During period.r when the general weather pattern in the area is not g.csociated with a strong pressure gradient with rnoderate to high winds, the iocal circulation becomes the dominurt wind pattern. After s1n1et, ai.r trom higher elevations souls more rapidly than in the valleys resulting in downslqpe flow rvhich follows the rvater drainage4anern. This nighttime katabatic wind provides a constant ventilatiotr 47(fi ,llailtttry' Driue ,ltik fi8 Fort Collirx, C0 805t, (303.) 2!6-4040 G03) !'t6-1099 (FLY) SEACOR Mr. Scott Writer Carbondate Land Devel opnen[ Corporation April20, 1992 Page 2 in the Roaring Fork and Crystal River valleys. During the day, this pauern reverses and the air thenmoves up the valle-vs toward the higher terrain. This bimodal pattern will provide consisteru ventilationto flre Wooden Deer Subdivisiou. The second importrnt issue to consider w.hg1 evaluating porenrial RwC impacts is the rype and deosiryof the sources' The Wooden Deer Subdivision is profoimg a very low density of sourcqs at less than?.2? acresisource, as.suming two sources p.r rasirleoce. mi* to* density design coupled wirh therequirement thtt all wood stoves must be Colorado certified low emission-rtor*J, prouid*, adequateprotection against major air degradation from wood stove and fireplace paniculate emissions. Based onprevious RIVC snrdies conductcd in Ft. C_o_ll]n.., the paniculate impacts t* tort, total suspende<lpaniculates (ISP) and inhalabte particulutes (PM10) are expecterl to be subsrantially below Colorado anclflational arnhient air quality standards- Is suH$ary, the wooden Deer Subdivision project will not result in major air degraclation to ftesurrounding area. The atr quality resources rvill be protected by: ' Mitigating fugitive du.rt emissions during comtruction by watering. ' Limiting ttre densiti' of development to approximately +.+S a.io pu, single family resideace.I Limitiug the RWC densiry to 2,22 acre$lsource with a requirement of no more thau twosources per tesidence and requiring one must be a Coiorado certified low emissious stove.r The built-in mountain/valley circulation of the Roaring Fork River drainage. I hope this intbrmation provides some iusight_into rhe types of potential impacts to the air qualityresources irt the area of your Pmject. I do not helieve a *oie detailed aaa-lysis is warranted tbr this smalla projcct because of the very low rlensity of development. Please call me at (303) 226-4040 if you haueanv quartions or require additional information. Thank you for considering dci"oce A fnlin.*ingAnaiysis Corpor{_tion (SEACOR). Best regards, SCIENCE & EI-IGINEERING AN.{LYSIS CORPORATION Sthnbdn R. Andersen Senior Air Quality Meteorotogisr SEACOR STEPHEN R. ANDERSEN Vice President/Air Resources Professionul History llience & Engineering Analysis Corporatiou (SEACOR) ENSR Consulting and Engineeriag (ENSR) Environmental Research and Technology, Irrc. (ERT) Western Scientific Services, Inc. (WSSI) San Jose State University Education B.S. Meteorology, 1972 Sau Jose State University A.A. Commercial Aviation, 1969 College of San Mateo Idr' Andersen has ovel 19 years of protessiirnal experience in the related areas of atmosBheric scienceard air qualiry shrdies, inclurling routine and speciatized atmospheric samplirrg, air qualiry per:mitting and{:6mpliance programs' conrputer appiications and data marageieut and analysis, air qualiiy-emissioni gad impact chs-ra']terization air quality engineering analysis and ilre regional ior:rdination and managementof Air Resources Division programs for SEACOR. His experience also includes support to research urddevelopmeniof air quality moiels, air resource management and in scveral *u* or.pplied meteorologyincluding wind energy, weather modification, strow ionrot engineering a-ucl planetary bouudary layii research. Proiect Exnmoles ' AII American Pipeline Co. 'Trans-Texas Pipeline EIS. Air quaiity discipline manager supportingBLM third-pany Ets- for a proposed Trans-Texas oil pipiline-linking Caitbrnia OCS crurJesources- Included dispersion modeling es'sessments of project operitional and consruction impacts, as well zui evaluatirrn rrf potential indirect impacts to air quality-related values (e,g., regional acid deposition). ' AMoCo Production Co. 'whitney Canyon Gas Plant. Progrem manager tbr a client+perated PSD-conpliance monitoring project at a gas processing plant in southwestern lVyoming. Themonitoring prOgram included msteorology and continuous air quality monitoring. ' Anaconda Copper Co*p-*-y - Tgnopah Mine. Task manager responsible for analysis and EISpreparation of the meteorology discipline for a proposeA mJtybdenum mine in Nevacla. project involved summary aad analysis of air monitoring aita collectei at tbur station-s, literatgre *r*ry,and analysis of impacts. a ., 1 Anaconda Minerals Co. - Thunder Basin Coal Project. Program ruanager tbr a multidiscipliuary envirOnmental monitoring program at two operational coal iines in nor6 Hstern Wyoming. Thecompliance monitoring prognrm included roeteorology and air quality monitoring networks.surface hyd;ology srudies. and groundwater well monitoriug. Anchorage Air Pollution Connol Ageucy - Meteorological Monitoring program. project matragerresponsible t'or developing a quality assurance pian for the operaJcrn uoO maintenance of theAAPCA tall meteorological monitoring tcrwer in downtown Anchorage. The multiple{evelmonitoring systeh was equipped with special fiber optic banery-powererl plattorms interfaced toa real time access data acquisitiou system. ARCO Alaska, Inc. - FS-2 Expanqisq. Prudhoe Bay. Alaska, project mauagex for pSD permitapplication for modification of a florv station faciiity. Responsille tbr diipersiou modelirg,BACT as$cssment? a"rd preparation of application. ARCO Alaske, Inc. - GHX-I Expalsiou, Prudhoe Bay, Alaska.- Program manager for pSD permit applicatiou thr a major compression facility expansion. Re(uireieurs incr.ri*a uprlatingentire emissions inventory, conducting dispersion-modeling, and B}CT assessment. ARC0 Alaska, Inc' - CHX-Z Exparsion, Prudhoe Bay, Alaska. Projecr manager for a prograrn to_evaluate the potential air quality impacts of various engineering options-for a conceptual250,000 HP gas handling expalsiou. ARCO Ala-ska, Inc- - GHX-2 Expausion, Pntdhoe Bay, Alaska. Frogram manager tbr a BACTreviaw of aiternate gas reinjection rurbine configuiations for a potential expansioo of thecompany's gas handling facilities. ARCO Alaska, Inc, Kupanrk River Unit. Progran mauager for a PSD permit application toallow for increase$ in So= emissioos trom higher sulftrr naiural gu; used u t *t to nru turbineenginss and heaters at a large oil production complex on the north slope of Alaska. Technical analyses included dispersiou modeling snd emission contol assessment. ARCO Alaska. lnc. Kuparuk River Unit. ?roject manager responsible tbr dispersion moclelingto dctermine the maxinrum nearfield No. impact receptors aod impa.r profile for placement of ARCO Alaska, lnc. Kupanrk River Unit. Project manager responsible tbr rhe evaluarion of the Potential air quality impacts from various stack height designs at several existing nrrbine facilities.Project required dispersion motrering using iteratiio processing rechniques. Babcock and Wilcox - Redstone Cogeneration Project. Project maoager tbr a feasibility studyto determine fie air qu{iry perminability of a waste coal?owere<t co-generation piolect trear aClass I area in westertr Cclorado. Project required field miasureme.rti using doppler sodar andfxed meteorology system& rlevelopmenr of emissions data, and use of advanied comptex terraindispersion models. a I Battelle Pacific Northwest Laboratory - Southern Rocky Mounrain Region Wiad Energy Resourco Assessment. Principal investigator respr"rnsible for the dam acquisition, analysis, gridded resource assessmsnt,and writing of the regioual atlas for the states of Colorado, Utah, Arizona and New Mexico as part of the U.S. DOE-sponsored National Resource Assessment Progran. Bay Area Air Quality Management Disnict - OCS Baseline Monitoring Program. project manager responsible for the design, procuremem, installation, and operation of aa air quality and rneteorology monitoring netrvork ou the nonh-central California coest. The project was pirt of the BAAQMD Outer Continental Shelf Energy Rxource Devclopment Baseline Aaalysis Program. Major compotrBnts of the ofle-year mouitoring study included continuou.s air quality monitoring, speciation of hydrocarboru and carbonyls, and di.sperciou meteoiotogy characterization using doppler sodar systenrs aod meteorological towers. BP Exploration (Aliska), Inc. - Prudhoe Bay Air Quality Monitorhg Program. Project matraggr responsible tbr the design, implementation, and opcration of a field wirle PSD monitoring program to support the largest oil produetiou facilities in North America. This multi-station network is iistrumented with state-of-the-art equipmeat to continuously rnonitor criteria polluunts and dispersion rtreteorology at Iocutions of ma:cimum facility antl regional impact. BP Exploratiou (Ala.ska), Inc. - Prudhoe Bay. Waste Handling Facility. Prggram manager responsible for providing potentiel air toxics emissions estimates and air quality rnodeling support for a risk assesslllellt of a conceptual desigu waste meuagement thcility rotary kilu incinuator. Project required waste steam analysis, process pertbrmance evaluation, and particle depositiou simulations. Bureau of Reclamation - Colorado River Basin Pilot Proiect. Metwrtllogist and t\eld supervisor for the operatiotr of a radar and upper air sampliug station (Rawinsonde) in the San Juarr Mountains of southwest Colorado to support a mulri-year winter orographic cloud seeding wcather modification project to enhance snowfail and snow runoff into the Colorado River. California Air Resources Board - Ovexwater Pluue Dispersion Simulation Progiam. Field measurement specialist responsible tbr the design and logistics associated with a series of atmospheric dispcrsion experimeum cr,rnducted at an offshore oil plartbrm in Southern California. Experiments included tracer gas and oil fog release, aircraft and network sampling, and use of the GOES satellite link for uear-real time fixed meteorology data collection. Chevron Shale Oil Co. - Clear Creek Oil Shale Project. Operatioru manager responsible for the day+o-day allocation of company resource.r to supFofi a 9l-parameter PSD monitorilg network. Additioual responsibilities includeri computer applications systems development and sign off on data validation activities. City of Fort Collins Community Developnrent Departrnent - Air Quality Managemeut Project. Air qualig specialist assisting in the dcvelopment of a comprehensive air qualiry mmagemetrt and control plau for the City-of Fort Collins, Colorado. The project required defiuing exiting emission levels and impacts, regulatory control options, supplemental monitoring requiremenlt, and recommendations for emissious controls. a I t City of Fort Collins - Residential Wood Combustion Study. Study manager for a fieli sampling progrflxr to characterize the potential neighborhood air quality impacts associated with residential wood combustiou in Fort Collins, Colorado. Neighborhoods were insmrmented to sample carbon monoxida, total and inhalable particulates. and atmospheric dispersion conditions. Colorado UTE Elecuic As.rociation, Inc. - Yampa River Projeet. Assistant project maoager and proiect meteorologist for a baseline sildy of a coal-fued power plaut site in nonhwestern Colorado. The project included boundary layer studies ard tall tower monitoring- Colurrbus and Southern Ohio Electric Co. - Conesville Poston Project. Project maaager tbr a program to design" test aud integrate a computer software system to assist ongoing gsnrpliancE air quality monitoring studies. The system was irutallcd ou client's conlputer sysrcm end extensive documentation and naining were provided to the client's personnel. Conficlential Client - Enviroamental Liability A,ssessment. Air quaiiry discipline managet for a project to cheracterize the poteothl and measured air quality impact ar e commercial developmenc site near a decommi.sSioned Deparurent of Det'ense installation in Denver,, Colorado. Projecr included emissions inventory tlevelopment, dispersion modeling. and fietd sampling for air toxics. Dakota Gasification Co. - Great Plains Coal Ga.sification Project. Project manager for the preparation of a PSD perrrit application to increase allowable SO. emissions from a synfuels productiou facilty in North Dakota. Technical work included dispersion modeling of plant emission.s and coordination of application preparation. Damson Oil Co- - Roggen Oas Plent. Air monitoring manager for a PSD air quality monitoring Progffifir at a gas processing plant in ea-stern Colorado. The program required continuous air quality monitoring for NQ/NO ard meteorology, and data prepararion and submission to EPA Region XIII. Davy McKee Corp. - Paradise Peak Gold Pnrject. Prdect manager responsible for the efficiency testing of the emissions control systems on the crushers and conce&trator tacilities at a large gold trine in west-central Nevada. Work was performed for the project construction contractor. Denver Brown Cloud Stndy. Field operations nranager and air qualiry meteorologist tbr a winter intensive visibility source apportionmeat study of the Denver metropolitan area. Nenrork instrumentation responsibilities inclucled continuous gas monitors, nepheiometers, active- transmissometer, I mm time lapse and 35 mm photography sites, sequential filter parriculate samplers, and MOUDI micro-impactors at six stations including sampling plarforms on local skyscrapers and the Boulder Atmospheric Observatory tower. Dravo Lime Co. - Laramie Lime Plant. Air monitori:rg manager responsible tbr the matragemetrt rrf a particulate monitorirrg program at a proposed lime plant in southeru lVyoning. EI Paso Natural Gas - Bis$ Coal Gasificadou Project. Staffmeteorologist responsible for conducting multi-year field studies and Detrmrological tower monitoring to characterize baseline meteorological conditions at the proposed site of a coal gasif,rcation complex on the Navajo indian reservation near Burnham, New Mexico. a a a Electric Power Research Iustitute - Operational Evaluation Network (OEN) Project. Air quality monitoring speeialist urd regional matrager responsihle for site selection. instnrmentatioo, utd multi-year operrtion of a background acid deposition station locarcd in northwestern Colorado as part of a 4O-station natioilal research monitoring network to charaeterize acid deposition levels. Requirements inclucled us of wet/dry deposition samplers, precipitation chemistry characterieation, eontiuuous GC sampling, criteria pollutant and fixed-meteorology sampl ing, aud special state-of-the-art frlter pack, particulate, and air toxics sarnpling. U.S. EPA - High Attitude Ozoue Sarnpling Program. Staff meterrologist responsible for the operatiou of a high altitude atmospheric sampling system to collect meteorological and ozoue data into the srratgsphere at sircs in Huron, South Dakota and De Ridder, Louisiana as part of au EPA srudy of tropospheric oeone in the central U.S. U.S. EPA - Complex Terrain Model Development Project. Project meteorologist and field deputy rasponsible tbr the general field logistics associated with tho five-year, EPA-sponsored cooperative complex terrain model development effort. Specifie usks included coordination of the tixed-meteorological monitoring systems and flow visualiaatiou componeuts, local agency and area acces$ authorization, and field support during each experiment. Field experiment loeations included ldaho, Ncw Mexico, and Nevada. U.S. EPA - Northern High Plains Boundary Layer Study. Project manager responsible for a two' year regional atmospheric sounrling snrdy. Twice per day balloon-borne instrument packeges were released to garher wind profiles and temperature data irr the lowest 3 kilometers of atmosphere at five locations in rhe Northern High Plains. This project was part of the federally sporsorcd Northern High Plairs Rssources Program. FIvtC Corporadon - Paradise Peak Project Source Testing. Project maflager responsible for the compliance testing of emission sources for the mill and conrle[rrator tacilities at a large gold mine in central Nevada. Rcquirernents included test plan development and testing for particulate, mercury and lead emissions. U.S. Forest Service/Freeport rllinerals Company - Jerritt Gold Mine EIS. Project meteorologist for air rnonitoring studies for a gold mine project in northeastern Nevada. Studies included monitoring and analysis of baseline data (rollected from a three-station network. FRM lt{inerals, Ilc. - Gerchell Goid Mine, Project manager responsible for the environmental assessment of sensitive air issues. development of an acceptable monitoriog program to fulfill the company's and agency requirements, and general consulting suppr)rt relating !o the ongoing monitoring program, iacluding projer:t initiation, monitoring ptur preparation, calibrations, maintenance, and data maflagement for a proposed gold mine in nortrern Nevada. Holland & Han - Milltown Superfuud Site. Air quality discipline manager responsible for the design and implementation of neteorological and air quslity monircring for hu.sran health risk anaiysis and remedial invgrtigation of superhrnd site in Moutura. ) t a Intec Chile Inc. ' Santiago. Chile Air Quality Management Program. Measurement specialist responsihle for the quality assurance evaluation of a city wiae ana regional air quatiry monitoring uetwork to support the development of an urban air qualirymodel. NASA - Candidate Wind Turbine Generator Siting Study. Assistant program manager andproject meteorologist responsible for designing and implementing Oe coimputer applicatiou s-.Ys!Em$ and performing the data mauagement, analysis, and reporting for a lj-station nerwork of 60-meter meteorologicai torvers located throughout the Uuited States, including Alaska andPuerto Rico. New Mexico Public Service - New Mexico Geaerating Station. Project meteorologist and assistant project manager for monitoring at two elternative sites for a proposed eiectrical gEneration.sta[ion in New lvl.exico. Studies included tall tower mouitoring, .ir quuf iry sampling, and boundary layer studies. Pacific Gas and Electric Ctlmpany - AUSPEX Study. Program manager resporsibte for theplanning. irshdlation. operation, ard data manage,ment of an l8-station su*ace air quality monitoring netwr-rrk in support of a cooperative intcnsive study of ozone tbruation in and arouad&e San Joaquin Valley of California. The network configuration includes state-of-the-art continuous PAN aualyzers, high-,sensitivity nitrogen oxide analyzers, ozone monitors, in addition to sanplers for hydrocerbon and earbonyl speciatiou, aerosol samplers, end microtrifice uaiform deposit impactors (MOUOg for size-separated particulate sampling. As the largestphotochemical study ever conducted, the 70,000 $quare mile geographical region spaanal *ar.i north of San Francisco at Point Reyes sou*t to Bakersfietrl and from the Sierra Nevadas m &e paciflc Ocean. Pacific Power and Light - Jim Bridger Porver Project. Assistanr projecr manager and project meteorologist for the pre-construction-phase baseline air monitoring aad op=erationai-phase compliauce uonitoriug at a coal-fired power plant in southwest Wyorning.- The program consisted of tive air qualiry sudons, 60-meter meteorological towei, prsiive air sampting network, and special boundary layer studies. Steel Manufachrring Company - Indoor Carbon Monoxide Project. project manager respgnsible tbr the desigrr and implementation of sn OSHA-driven monitoring stgdy to charicterizJ worker exposures to carbon monoxide at a manuthcturing facility in colorado. Stone Container Corp. - Lime Kiiu Fuel Converslon Project. Project manager for a pSD permitting efftrrt related to the conversion of four mud IimL kilns from burninj natural gas to petroleum coke at a kraft pulp mill in Montana. Unioo Pacific Railroad ' Snow Conuol Engineerilg Sndy. Technical speciaiist responsible for the evaluation of snow trarsport and deposition problems along the Sourhirn Wyoming Division. Provided engirreering solutions for railroacl switch protection using suow t'encj systems, heaters and aerodynamic deflector systens. a . Westvaco Corp. - North Charleston Visibility Study. Project managil for an intensive fog characterization program for a pulp aad paper mill to determine poteutial visibility impairment to vehicles otr a proposed bridge in South Carolina. The study employerl multiple tell lowsr meteorological monitoring, auto-phutography, state+f-tie-art time lapse and starscope video monitoring. and physical simuladons. Prof*slnnal Membrrstri ps Air and waste lvlanagement Association American Meteorological Society hrblicrrtions Ander.sen.S.R.,LR. Watson (?rincipal Author). J.C. Chow, L.C. Pritchett, L.W. Richards. D.L.Dietrich and C.Sloaile. 1989. Comparison of Ttree MEasures of VisibiliryExtiuction iu Denver, CO. Paper No. 89-151.4 preseuted at the 82nd annual meering of AWMA,June 1989, Anaheim, CA. Afldersen, S.R", J.R. Watson (Principal Author), J.C. Chow, L.W. Richards, W.D. Neff, D.L^ Dietrich, J.E. Houck, and I. Olmez. 1988, The 1987-88 Metro Denver Brown Cloud Sturly: Volume 1 Program PIan. Volume II Mcasurements, Volume III Data Interpretation. Report io: 1987-88 Metro Denver Brown Cloud Study, Inc. Report No. DRI-88I0-1F1-IF2-1F3. Audersen, S.R.,C. Lyous, and D.L. Dietrich. 1988. SolvingDenver's Brown Cloud Problem: Scierce, Politics and Money. Presented at the First Interdisciplinary Conference on Urban Air Quality - Boulder, Colorado. Anderserr, S.R. and D.H. Gebhart. 1988. Exposures to Hydrogen Sulfide in the Vicinity of Oil and Gas Wells. Presented at the 81st A-unual Meeting of AWMA, June 1988, Dallas, Texas. Andersen, S.R.. D.H. Gebhart,aud B. Woodruff. 1988. City of Fort Collins Air Qualiry Management Plen: Development and Implementarion. Presented at the First Interdisciplinuy Conference on Urban Air Quality, Boulder, Colorado. Aadersen, S.R. and D.H. Gebhan. 1986. A study design for sharacterization of residential wood- combustion hnpacts in suburban settirg$. Presented at the 79th Annual Meeting of the Air Pollution Control Association. Miueapolis, Minnesota. 1984. Data uses for 3n imFAct statement. Preoented at the conference otr Pathways and Fufure Directions for Environmental Data and Idounation Users, NOAA Proceedings, Deuver, Colorado. fuidersen, S.R- and D.L. Freen:an. 1981. Techniques for assessing the wind euergy resourse irr the soutltern Rocky Mountairr region. ENSRAVestern Scientific Services, Inc. Report to: Battelle4acific Nonhwe-ct Laboratory, Report No. PNL-3195 WERA-SR. A:tdersen, S.R., D.L. F.ee*anrb.L. Elliott, D.L. Harley, W.R. Barchet, and R.L. George. 1981. Wind Energy Atlas: Volume 8 - The Southeru Rocky Mountain Region. Battelle-Pacifrc Northwest Laboratory, Report No. PNL-3195 WERA-8. Ardersen, S.R. 1979. Evaluation of Union Pacitic Railroad snow control and switctring problems iosouthern l4ryoming- ENSR/Western Scientific Serrrices, r[c. Report to: Union pacific RailroadCompany, Omaha, Nebraska. Andersen, S.R. and C.L' Hatzell. 1973. Report to special studies couducted druing the lgTZ-1973 1vt1ter. -se{son: Upper Colorado River Basin- lVeathei Modificatio" piloi proiect. ENSR/WesteruScientific Services, Inc., u'$. Department of the luterior, Bureau of Reclamation, il,"pon No. SR-359-36,Denver, Colorado. Principal author of numerous atmospheri:_1ryry- technical reports, monitoring documents, and permitappl ications. coutributing author to EAIEIR/Eis documents.' I ; h\flNu:\.,0.w WPv MEMORANDUM Board of CountY CommissionersTO: FROM: DATE: RE: G',-.) )1 ( , .J.rt' :qr*, Andrew McGregor, Planner fl C lA 175 April t5,1992 Wooden Deer Preliminary Plan Enclosed is the remainder of the wooden Deer f,rle. you should now have the entire file. Also enclosed is a list of the exhibits submitted to date. The following comments are in response to issues raised at MondaY's hearing. 1. Road Grade variance: Proposed amendments to the recently approved resolution aflecting road design standards are under way and will be presented to the Board on May 18. Although the amendments are essentially scrivenet's errors, Don feels that these should be cleaned up through the amendment public hearing Process. Regardin g the road grade variance, the applicant must demonstrate compliance with all the applicable criteria. It was unclear to me from Scott's presentation, whether there will be cut and/or fills in excess of twelve (12) feet in height or not' Twelve(12)feetisthema,rimumallowedbyvariance. 2. Waterline: The requirement of Section 9:53 for aminimum 4" water line is not a flexible standard. Before the developer could proceed with construction of a 3,line, an amendment to the Subdivision Regulations would be required. An amendment to the regulations may be initiated by the Board' the Planning Commission or a resident landowner' Board of CountY Commissioners Page2 April 15,1992 3. Exhibit J: (Memo submitted to the Board concerning proposed approval conditions;Theapplicant,sproposedconditionregardingwildfireprevention would not be mandatorY' Regarding the eliminatioa ef fuilding envelope identification on the Final Plat, staflwould object to this. Stafffeels that identihcation of points for building sites on the Plat is aPProPriate' No objection to replacing #17 with a condition stat'ng that utility easements sha[ bL provided in accordance with Holy Cross Electric Association letter dated March 3L,1992' Guest houses are specifically defined as a'n "acc€ssory' dela&hed and buildi'g"'" thisappearstoconflictwiththeproposedcovenants. 4. Based on recent changes to the Clean Water Act, the applicant will be required to obtain a permit from the Colorado Deparhent of Health for stormwater Point source discharge. i. '' / scHMUEs March 9, L992 Mr. Scott Writer P.O. Box 9705 Aspen, CO 81612 ROOA' M6YER ,,VC. C01 Grand Avenue, Suite 2-E .ilenwood SPrings, Colorado 81601 '(gog) gastoo4 (303) 92ffi727 Fax (303) 945-5948 cOl'rSULrlNG ENG,NEERS & SUBYE +- 13 -?e RE:\ilmden Deer Subdivision Water Utility System 1.After discussions with the carbondale and Rural Fire Protection District, the total amgunt oirar.g" available fot tt. project was changed to 70,000 gallons, 50,000 in an-above gro*4.-,or"g, tark co*e.cteO io the potableivater system and fwo 10,000 gallon buried cisterns. The cisterns are intended for use as fue protection only and, therefore, do provide 20,000 gallons of available storage. Only under the most severe conditions would there oJi Ur-f+,000 gaffons availablJ in the iatget storage vesseJ for fire protection' The water system wodd G op"t.ttO such thatlhe water level in the tank would only be altowed to lower several feet before the welt would be activated and the tank refilled' Therefore, from a practicat standpoint, the only time there would not be 4O'000 to 50,000 gallons of additional water available for fire protection would be when the well ;t;; ia, iooperaUle, the subdivision was totally built out.and all the residences were using water at a maximum demand rate. while that scenario is theoretically possible' fro,| a practical standpoint, it is unlikely it would ever occur' A 3' waterline provides more than adequate delivery capability for this projectt -fn fact' to, * nyarautic d;i".ry rt "dpoint, this project iootA ute as little as t lth" line and stilt meet delivery reErirements.- The code requirement fof a 4" line is not technically applicable o this prlit"t. ntqoiring 1 4' lineior Wooden Deer would not accomplish "irymi"g from a technical desrgn standpoint' Final design details are normally provided at Final Plat. Those details will indicate those portions of the system which-will require 160 psi u"d ?00 psi rated waterline and waterline components. All the components so specified will be standard to the industry' There is no need for lot line easements for utilities since none of the utilities will go down lot lines and it is not the intent to allow cutting and excavation along lot lines in the fust place. The utility system designs have specifically stayed form lot line placement' 2. 3. Exj, Dear Scott: At your request, I have reviewed the comments from the Garfield county Planning staff received in this office March g, lgg2. I would like to offer the following comments and observations for purposes of clarifying the submittal: 4. March 9, L992 Mr. Scott Writer Page 2 I trust the above is sufficient for your immediate needs. I will be zotngcommission meeting to further discuss items as required. Respectfully submitted, SCHMUESER GORDON MEYER, INC. .Gordon, ESER GORDON MEYER, INC. in attendance at the p[anning and evA +1 + -)s -qA \vtt, Sopris $roup of tfie Sierra C[ub 9.O. Box4648 Aspen, CO 816L2 4/L3/e2 To: GARFIELD COUNTY COMMISSIONERS FROM: DAWN KEATTNG, STAFF LTAISON RE: WOODEN DEER SUBDIVISION Wehaveanumberofenvironmentalconcernsaboutthis proPosal: l.Fireplaces-weurgeYoutotakemeasurestoprotect the surroffiffifrEshed uy e i trrer I imi t ing woodburning devices to ,,certified" clean-burning stoves-or a110wing only gas firepiaces. Allowing 2 devices/unit could mean up to 44 new stoves or firePlaces. Z. Wild1ife - this area is heavily utilized by wildlife because iIliles important components of winter range ' This develoiment will -create problems for wildlife by shrinking t-he amount of avaitaure winter habitat ' This is one of the most serious wildlife problems in the valley' Also, crowding wildlife onto the remaining habltat causes overgrazing oi the native vegetation. we have noticed an alarming lEveI of over-browsea vegetation in the immediate areaofthisdevelopmentcausedbytoomanyanimalsontoolittle habitat. We are concernea lnat this development will push elk and. deer onto surrounding land, further jeopardizing thenativevegetation'svj'talityandabilitytoprevent erosion. Further,W€areconcernedthatthelargenumberofdogs in this development will stress wildlife. we urge you to ]imit each household to one dog instead of three' 3. Road's 3lrd Homesite E4cavq'tion - the.extensive excavat:.on-propffia for tfris aevefopment is troubling because of the great potential for scarring and erosion' Further' the area will be difficult to revegetate because of the very thin topsoil and lack of water on the hillsides. Both of these are necessary to ensure successful revegetation' fnconclusion,W€cannotsupportthisdevelopmentaSit is now proposed because of its environmental impacts' we urge youtorequestMr.Writertocomebackwithaproposalthat doesmoretoprotecttheairquality,wi]dlifenativevegetationandsteephillsidesinthearea.Thankyou. wooden. docrecvcled paper IOPDO'V HEYEN ,l,,C,1001 Grand Avenue, Suite 2-E Glenwood Springs, Colorado 81601 (303) 94$1 004 (303\ 92ffi727 Fax (303) 94$5948 March 9, 1992 Mr. And.rew McGre8or Garfleld Co. Plannlng Dept. 109 8th Street Glenwood Sprlr]BS, Co. 81601 BE: Tlooden Deer SubdlvIslon Dear Andrew: Thls letter 18 to advlse you that the eectlon corner tled to on aLIour descrlptlons to conflrm the boundary of the }Iooden DeerSubdlvlslon 1s not a dlsputed corner. Gerry Pesman used and accepted. thls corner 1n lts exlstlng locatlon aB part of hlscontrol for the Martln Survey. I have known of the exlBtence of thls corner for 27 years and ltslocatlon has never been dlsputed to ny knowledge. Please calI 1f you have any questlons. slncerely, SCHMUESER GORDON!0 /ft, lDl ,Ken Wllson, PLS survey Manager KI{/Ja91147 MEYER, INC. CO'VSUIT,,VG E'VG,,VEEPS & SURYEYOPS ROY ROMER Governor DANIELSON Engineer GAfi,",i*AA;;i OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 8'l 8 Denver, Colorado 80203 (303) 866-3s81 FAX [303] 866-3589 March 79, 1.992 Mr. Andrew McGregor, Planner Garfield County Planning Dept. 109 8th Sffeet, Suite 303 Glenwood Springs, Colorado 81601 Re: Wooden Deer Subdivision, Preliminary Plan Sec. 24 & 25, T7S, R88W, 6TH PM W. Division 5, W. District 38 Dear Mr. McGregor: We have reviewed the preliminary plan materials for the above referenced proposal to subdivide a 98.1 acre parcel into 22 lots. Each lot will contain one primary dwelling and may have one guest house which will not exceed 900 square feet. The irrigated area for each lot will be limited to 2,000 square feet and no cattle or horses will be boarded on the site. The proposed water service is to be from a central water system, supplied by up to 6 wells located on the project site. The combined production from the wells will be limited to 100 gallons per minute and an annual diversion of 15.5 acre feet. The wells will be augmented with water from the Basalt Water Conservancy District. The project is located in area 'A', which indicates that District water can fully augment stream depletions. The developer has submitted well permit applications, 7267OAD through 72675A\D, for the 6 wells, and a plan for augmentation with the Division 5 Water Court in Case Number 91- CW-189. The well permit applications have been denied. A contract has been entered into v,rith trhe District for 4.2 acre feet of storage water in the Reurii R.eservoir, wirich is sufficient to replace projected stream depletions. One monitoring and evaluation well has been constructed and pump tests indicate that this well may be able to supply the water requirements at full buildout. Any wells that will operate under an augmentation or replacement plan must be located at least 600 feet from any existing well. If a well is located within that distance, then the applicant must obtain a waiver from the neighboring well owner indicating that they do not object to the new well. The framework for a homeowners association is included and the contract with the Basalt Water Conservancy District requires that the homeowners association exercise the contract with the District. \ Mr. Andrew McGregor March 1.9,'J.992 Page 2 We have no objection to final approval of the subdivision if no lot sales are permited until the following items have been completed. 1. A Decree is obtained in Water Court Case Number 91,-CW-189. 2. A well permit is obtained for the well constructed under Permit Number MH-18363. 3. Ttre applicant U. ,"qrrir.a to submit to the County a satisfactory plan for completion of the water supply system. The plan should include an estimate of the cost of completing the system along with evidence that sufficient funding is available and dedicated to construction of the water facilities. 4. The applicant provides to the Division Engineer, for his review and approval, an accounting form to record water use and augmentation releases. If you have any question, please contact John Schurer of this office. V*A "EPurushottam Dass, P.E. Supenrising Water Resource Engineer PD/JS/wooder* cc: Orlyn Bell, Division Engineer Bill McEwen, Water Commissioner Bruce DeBrine t ROY R. ROMER GOVEBNOR sro$g@ ffirc\ND., COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL BESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER, COLORADO 8O203 pHONE (303) 866-261 1 GAFIFIELD COUN]}{rru w. RoLD GA-92-0005March 4, L992 Mr. Andrew McGregor, PlannerGarfiel-d County Planning Department 109 8th Street, Suite 303 Gienwc,oci Spr-ings, CoJ-orado 6iCOi Re: Wooden Deer Prelimj-nary plan Dear Mr. McGregor: At your request and in accordance with S.B. 35, 1,972, w€ havereviewed the materials submitted for and made a fiel-d inspection onFebruary 25, 1-992, of the site of the proposed residentialsubdivision referenced above. we aporogize for the delay incompleting this review which was caused by the necessity for fiel-dstudy, winter conditions, and time demands placed by other reviewcommitments. The foll-owing comments summarize our findings. (1) The qeneral geology of this site is that bedrock under thesubdivision is the Eagle Va11ey Formation which consists ofsandstone, shal-e, and evapori-tes (gypsum and anhydrite). Thisbedrock crops out (is at the surface) on most of the steeplysroplng ground on the wooden Deer property. on gentrer slopes, thisbedrock is overlain by a thin veneer of l-oess (wind-deposited silt)and colluvium and, at the south end of the property, partially, byterrace gravel deposited by the'ancestral Roaring Fork River. Lagdeposits of basal-t boulders are found at various places on thesite. Because of these soi-l and rock conditions and the situationwirerby materiais containing gypsum and anhydrite can be highlycorrosj-ve to concrete, w€ recommend. that each structure in thesubdivision have an individual site-specific soil-s and foundationinvestigation. A qualified soils and foundati-on engi-neer shoul-ddesign each building foundation and supervise its construction.steeper areas should be avoided artogether as building sites. (2) The submitted drainage plan, if implemented, should be adequateto minimize eroslon problems. A11 materials on the site, except forgravel and basalt, are highly erodible and alI roads and drivewaysshould be constructed with extreme care with respect to natural andman-modified drainage. GEOLOGY STORY OF THE PAST... KEY TO THE FUTURE '-*&i\ c'r @9 h.\r 'Y -../u\urPz t Mr. Andrew McGregor March 4, L992 Page 2 (3) We concur with the reconmendation that the emphasis should beon maintenance of natural vegetation in the subdivision. It wj-lI beespecially important to minimize landscaping irrigation nearbuilding foundations and concrete flatwork. If the recommendations made above and those in the submittedreports are followed and made a condition of approval of thissubdivision, then we have no geology-related obje6i.ion to it. STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EOUAL OPPOFTUN Y EMPLOYER Perry D. Olson, Director 6060 Eroadway O€nver. Colorado 8O216 Telephon€: (3o3) 297-1 192 -ii- :" :'.'l. , . * ,:r'.^. . i' ,:1 i f'1 .,t,,F,".: I, , E, t:t.:: . rli,r i J: r.. ,-:t. .3fi .',f .:1 '. ", il '. .:: ::. i-t iia ,:l 'Clli:-;. :- "r . ,*. ,:t -' , ' .l:t .-l-, ; -. ",-lr_ 'e' ll . e ,:j:1 : rrl. . l l:l ' l ' lr !. t" .1 ,r DEPARTMENT OF NATURAL RESOURCES, Hamtet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman . Dennis Luttrell, Vice Chairman . Eldon W. Cooper, Secretary Feilx Chavez, Member . Rebecca L. FranK Member . Gene B. Peterson, Member . George VanDenBerg, Member . Larry M. Wright, Member FEB 1 I 1ee2 GAHFiELD OOUNIY REFER TO ffi GIF{R.FIEL...B r.q"OAD FTN D [*1,iUJ. I r' 1'ii " .1 Qr'-' i',].;ri l^. BE,,:iir. Plarf nin,; l*,r,:t:.*i t:rrriji')i: 1.. i i-i;i lril C.t i: i:l e i-r [', ,.j ,:, i- S U b rJ i ,., t- ., i :.r i- r C:C) u t{ T" *'u"' B R.I r}G E I N T Ef+.* (f t=- F tr. C::E lvl Et*iC' tllt I ts f rf : F t-tnri , F[: j.. i Thi.,:u;ir Ll-re, :f;:[tion -r'f ri:,,rr-;l 1;''i!;1r5r1;3J c:lr]"'r 1:ll li-r i'rr [': i'l^r't ,::i:l'.,:r-r l.-t^crI *.*..1.'4.L5.. 'f,t,,..:,,rruE;e ,:f t,i-re i':;,aril i-'*iif'.i J.il ''ji ':l''r'ihJ' 'i''-;l j''i 'l''*; cl ti,iL. s, ltu'r: clr.1'.i.n',;i (r ::i-iol^, E['i:irtr . ]""ii"l ttrrgl l-il ':":"':l'"?l ':ri {ir.rlBt|t*itf. f ,)i'' ';,i'rr)t^J i'(:i'ir:e (]Di-]51:.i-'r*l ,: -ii.jil ;),i.r ij ,l'l':lii.'r i;l"r''iilt-'(i' ;j ,. j Tli*, I c, i. a'. t. l"i.rt. fiarr'e 'l',t(,i:j1..) (l^. i :lr:,Si 1 ..1. f:lL':,t' .:,.i"rJr-i 1''li i-r::rlii-'l l L.::iijt..r- 1.1r-i t: i,JAil; 'ihvL: i:i(jil i^fr [. l"t*: ',t:-t:.- j.i'r 1.i-''l '.;f tl-r* Jir'--:i'':i,jr::ii i''' t.. '::, i 1. 1 ,..t 'i,, 1.. i' .r, i. u, i,. i-t ,*, i] i- ,,s d I *f' t. i-r 'ri:i C1 i :i ,' t:i t{ .J \' , l'(tr ;r t- irr,:: -1.,; t r*: l-i r I i- "r'.:,.) i'l i:"i itr,.ji','1,:1r:.i1 Iot tlilci:i'i::5 r""r iIi Fti:.,,rcl .iCr(, 1',:r t.i^r*i It,'r's br'i-cjt,rt.i;-li'-i It' ',j t i-:r.,r;.rl-I'; $froliLci be $io"r'.i.i;ir:'l li i": g'-:i'] tl-ti'ur*i,,;l"r rttr:g'l'tai-rif;'r.i fttt,a,,a,tnS Ai'rtj rrir:E(tr1'lij'ill'i ii^' :li' r,\i irrlii',.j i'i-l iri)'f I r,"rcrl,xf ':. Lti i11 'ot,: ;L]i1r*r:i1 L'r"':tf i-:tj' i:':: 1., I rs ,,. 1.,.,,,1i-, i. l. i. i.,,r L .,.'.--' i"l i t.: i k:,*,*j ;. I ,::r rf,. . :, i *r i- ii: ',, {3 [l i. tri:] i r' I ta 1. ,i i' l -i. r:ri"i ti !:'!., lfzej ROY R. ROMER GOVEFNOF rEB I 0 19e2 ffiffi-_couNrY W. ROLD CTOR Wooden Deer Preliminary COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING _ 13.I3 SHERMAN STREET DENVEH, COLORADO 80203 PHONE (303) 866-261 1 !.- . B1-601 Plan GA-92-0005February 5, 7992 Mr. Andrew McGregor, PlannerGarfield County Planning Department l-09 8th Street, Suite 303 Glenwood Springs, Colorado Dear Mr. McGregor: on Monday of this week we received the subdivision-review submittalfrom your department referenced above. Because of the steep slopes and geologic complexity of the area, w€ will need to do a geologicfield study of the area before we can make adequate review commentsin the legally required geotechnical critique of the proposal.unfortunately, snow cover wirl prevent us from doing this untilinto the sprj-ng months, at the earliest, mid-Apri1. Uniortunately,this is beyond your requested response time whichr ds indicated inyour cover memorandum, ends March 5. Therefore, we request that yougrant us a time extension to do the work and deliver the review toyou in late April to early May of this year. Please let us know if this is alright as soon as possible. SiTqrcereIy, /l ,1l-+^*1 - _ lLr . )-.^/LL-- ICr,-c M qnrrla ffigineering Geologist GEOLOGY STORY OF THE PAST... KEY TO THE FUTURE 5El..lT 8.,' : cTL-ThOrrreSOn March 4, 1892 ; 3- 4-9e 4:1ePF1 '138=845"47)Irj CCITT E3;H 2 EIhf.il?,HE??H+'$";NIcALANDMATERTALsENGTNEERS Mr. Scott Writer Hd;;;G' [ana DeveloPment corPoratlon P.O. Box 97OE Aapen, Colorado, 81812 Subiect: Addltlonat Percolation Teetsssvleu" Wooden Deer Development GarflEld CountY' Colorado Job No' 18256 Dear Scott: As rsquested l rEvlewed comments by Mr, Andrew,C. McGregor regarding the prellminary review or your .ppilil#"i,.,, ",1y,.;ii[; il *., o..iir;'il;v;rr a-no Mr' McGresor tnat an addi.on"r p"r"oi"tlon t."t ehould fi;,-"tT.931-y;;ttfi*t'i portion ol the property' The additlonal teBts huil'il;;;";meo-e'iJ this letter pregents the results' Wedrlltedaddlttonalpercolationtestborirtgsatapproximately.thelocatlonshownonthe attached ,sure. rhe goite w€r6 a er"*i,r?;:liiih -t"^b^bf[tl itt"ofition rates ranged lrom 7 to 2E rrrinutes per inci,Eii,ii.tion ,-.t.#i.viousty run on tne eoitE on the southern portion ol the srte ranged rrom 10 to 1E minutes.p.i i.Ji,-a.rla ..1niri rr*itlo results atandard percolatlon *erds ghould be appropriats. Additionui'i"ur= on inoivioraiiilr'i'""rtrons should be periormed' lappreciatetheopportunitytoworkwlthyouonthisproject.lfyouhaveanyquestlons pleaee eall. , UAn A P92 CIARFIELD COUNTY 234 CENTEFI DRIVE GLENWOOO SPRINGs, COLQRADO 8TEO1 (3ffi) E4$z BOE ; 3- 4-92 4:13F1'1 ;13tr3945?41+CCITT I33;H 3SENT EY:CTL-ThomPson Inc. ,ir \ JOB No. 19,256 _G=a SCALE: l" s IOO' / , . r \ \ \ \ tt f---- -t ---r 't. \r ti ti l- l: r - ' I \ ', \ \ A?t"o*'lL4c^Ttr: ] t,r15-,",,''1\\ q "I.AFE;/ft'\A\.', 1rrBl1|,"\;ii'tIrrtllrlP| ,.h-*-gto' r i i , B f\t i ! I i r f iI r ,l i I ."r I t I t it,-\ ^l g' s I t rH'Zt\'\ FS g ! ir i /' *----d\ fi- ; ; .l ,' ,'tlltltl.tt/ \ ta \*treoq--t .r' ,,' .l ; i -r'\ \-gs .' /' / t l' ,'\-+ --.----t ,, ,, ,/ ,, i ,*,\qr= r- ,' I t / t LOCATIONS O ; 3- 4-9? 4:1fFl'1 ;134f945741J CCITT E3;H 4 =EI'IT E'r': CTL-ThonrPsr:rn I nc. t rl , t t r!lrt;ti. .i gl H*uonoor, VICINITY ( - EU. tlga\- -f_ * TO\5ALt LEGEND: 'I'IEeI+tth" P-t PERC0LATIoN. . FFOFTLE(., HoLE LOCATION \\1I I \l\rt\ I -I I I I t I \ \ \ , I .d ih9(o I \\-r-1tn'er ,'ll EXlSTlN6 ROAO -\ -JB\_!r\(a P-Z \o /--'-r ..a t I :' un0ft ( \\ \ -Exls?l*c\- \ ,/ RoAo +rrEt D-\--__ 1 TH-4\ a cP-l \ I tT ,r -- E{oo ', \ \-,) (PLORATORY BOHINGS Flc. I BASALT WATER CONSERVANCY DISTRICT WATII,R ALLOTMENT CONTRACT Pursuant to C.R.S. 1973,3745-l3L Carbondale Iand Development Corporation (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, E[ seq., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. OUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.22 cultic feet of water per second from the District's direct flow rights and 4.2 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALI-OTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, I^andis Canal, Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District, including the District's contractuat right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi lleservoir shall be subject to the District's lease Contract with the United States Bureau of Reclamation and any rules and regu dons promulgated pursuant thereto. 3. PURPOSE AND L.OCATION OF USE: Applicant will use the waters herein grarlted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described as the Wood Deer Subdivision, Garfield County, Colorado; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisliction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following us€ or uses: Domestic/Municipal _ Industrial/Commercial _ Agricultural Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right x Other to usc certain waters. It is acknowledged that certain locations within the District may not be susceptiblc to service solely by the District's water rightsallotted hereunder or the District's said watcr rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended pulpose or purposes. All lands, facilities and areas served by water rights dlotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot- ment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro-rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, n@essary to utilize the District's water righs allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, my call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate pornt and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an dternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate polnt of diversion. In ttre event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. The initial annua[ payment shall be made, in ful[, within 15 days after the date of a notice from the District that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall appty and the price which is applicable to that year. Annual payments for each year thereafter shall be made by the -2- Applicant on or before each March 1. If an annual payment is not made by the due date, written noticc fiereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within ten (10) days after said written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi-nrunicipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant wilt budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or othenvise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. -3- 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hercunder is to be used, logether with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out-of-house municipal and domestic water demands u1rcn the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an 'Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than ttrat set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. ll. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing hereirr shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right dlotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and -4- shdl be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. APPLICANT: Carbondale I-and STATE OF COLORADO COUNTY oFEAEflgtD_ Corporation )) ss. ) Subscribed and sworn to before me this lbrq day of FeJnrwn!, 1992, by 6cntk l,Uritpr Notary Publicu -5- ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT Carbondate Land Development Corporation Application having becn made by or on behalf of Carbondale I-and Development Corporation and all parties interested in the foregoing Water Allotment Contract and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the foregoing Water Allotment Contract for 0.22 cubic feet of water per second frorn the District's direct flow rights ud 4.2 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein specified and sutrject to the following specific conditions: 1. The Applicant shalt establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject propefty of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under the Contract. 2. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. Any and all conditions imposed upon the release and diversion of water allottetl hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the Districts representation that the Applicant will receive a well permit or water rights decree for the land to be benefittecl hereby. 4. The Applicant has acknowledged that the land to be benefitt:d by the water allotted hereunder is located within the District's service Area B and the Applicant is aware that the District's temporary water supply plan approved by the State engineer is confined to District service Area A. Accordingly, the District's sole obligation under this contract shall be to releasc the water allotted hereunder at the outlet works of Ruedi Reservoir. 5. If Applicant intends to divert water through a well, Applicant shall provide the District a copy of Applicant's valid well permit before the District is obligated to allot watcr for the benefit of Applicant hereunder. 6. The Applicant has acknowledged that the land to be benefitted by the foregoing and attached Contract is described as the Wooden Deer Subdivision, Garfield County, Colorado. BASALT WATER CONSERVANCY DISTRJCT By, OLL"J.. //nn^^-t- President I hereby certify that the above Order was entered by the Directors of the Basalt Water Conservancy District on the 13th day of Ianuary, 1992. ATTEST: Secretary r THIS DECLARATION OF PROTECTIVE SUBDMSION is made and entered into this DECLARATION OF PROTECTIVE COVENAI\TS FOR WOODE]\ DEER STJBDTVISION INDEX: ARTICLE I PURPOSE OF COVENANTS.......... ...............2 ARTICLE tr OWI\ERS. HOMEOWNE,RS ASSOCIATION Purpose... ARTICLE Itr USE RESTRICTIONS Permitted Uses. Guest House/Accessory Uses. Duplexes/Multi Family Structures. ....GirliFlHr-U OOui'1l"Y Outbuildings....... ARTICLE IV ARCHITECTT]RAL COMMITTEE Architectural Committee Approval by Architectural Committee.. Improvements - Site Location. Building Permit. Variances. General Requirements..... Materials and Landscaping. Site Location.... Fencing. Wildfire. Water Meter. Lighting... Preliminary Approvals. Architectural and Site Development Plans Architectural Committee Not Liable. Written Record. Authority to Promulgate Rules and Regulations ARTICLE V RESTRICTIONS AND PROTECTTVE COVEIIANTS No Further Subdivision. Domestic Animals Underground Utilities Service Yards and Trash DRAFT COVENANTS FOR WOODEN DEER day of ,1992. APR I 0 t992 Trees. { Shiny Materials. Hunting... Water Restrictions...... ARTICLE VI WATER SUPPLY AND WATER RESTRICTIONS Water Pressure. ARTICLE VII RESTRICTION ON LOTS Number and Location of Buildings. Completion of Construction. Used or Temporary Structures. Enclosure of Unsightly Facilities and Equipment. Noxious or offensive Activity or Sound........-..:... Fireplaces. .. -..1;....... Firearms.. Commercial Activities. General Restriction ARTICLE YItr COLLECTION OF ASSESSMEI\TS . ENFORCEIVIENT Assessments.......... Lien for Nonpayment of Assessments. Enforcement Actions. Limitations on Actions.... ARTICLE D( EASEIIIET.ITS AND OPEN SPACE Fasements Shown on Plat. Well Easements.. Easements for Access and RePair No Access to or From CountY Road 104 Emergency Fire Easement. .. Open Space Areas. ARTICLE X COMMON PROPERTY Mail and Trash Area. ARTICLE XI INSI.]RANCE Types of Insurance ARTICLE Xtr GEI{ERAL PROVISIONS Covenants to Run..... Termination of Covenants.. Amendment to Covenants.... Severability Paragraph Headings and underlining. Limited Liability... ARTICLE I -PURPOSE OF COVENANTS These Covenants shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as Wooden Deer Subdivision as defined and described in the Final Plat (hereinafter 'Final Plat") therefor recorded in Book _ at Page _ as Reception No. in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of Carbondale Iand Development Corporation, a Colorado corporation (hereinafter the "Declarant"), expressed by its execution of this instrument that the lands within Wooden Deer Subdivision be developed and maintained as a highty desirable scenic residential area. It is the purpose of these Covenants to preserve the present natural beauty and character of the property along with the views and setting of the Subdivision to the greatest extent reasonably possible, and the lots therein shall always be protected as much as possible with respect to uses, structures, landscaping, and general development as permitted by this instrument. These Covenants shall be a burden upon and run with all of the lands within the Wooden Deer Subdivision. ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities (hereinafter referred to as "Owners") who own or acquire the tide in fee to any of the lots in Wooden Deer Subdivision by whatever means acquired shall automatically become members of Wooden Deer Homeowners Association (hereinafter the "Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of Wooden Deer Homeowners Association, which shall be frled with the Colorado Secretary of State and recorded in the real estate records of the Garfield County, Colorado, Clerk and Recorder, and as the same may be duly amended from time to time and also fiIed with the Colorado Secretary of State and recorded with the Garfield County Clerk and Recorder. There shall be one (1) vote per lot in the Association. 2. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient to the implementation and enforcement of these Covenants. The Association shall have the right and responsibility to maintain, preserye, repair, insure, and otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, and keep all roads and easements in good, safe, and usable condition to the extent that such may be reasonably necessary and desirable. The Association shall own, operate, maintain, repair, and replace the potable water system serving the Subdivision. The Association shall be authorized to enter into agreements with third parties for the maintenance, repair, and upkeep of roads accesses, and the water system. All costs and expenses associated with preserving, maintaining, repairing, protecting, insuring, and otherwise dealing with roads, easements, water system, and Association property and interests shall be borne by the Owners and shall be assessed, all as more fully provided herein. I r' ARTICLE III USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant thereto, shall be constructed on any lot in the Subdivision. The minimum size of a residential, single-family dwelling shall be one thousand eight hundred (1,800) square feet, exclusive of open porches, decks, carports, and garages. The maximum size of any residential, single-family dwelling shall be seven thousand (7,000) square feet, exclusive of open porches, decks, carports, and garages. 2. Guest Ifouses/Accessor.v Uses. An attached guest house or accessory use shall be permitted to be constructed along with each single-family residence zubject to Garfield County Regulations and Architectural Control Committee review. In the event such a use is approved, the guest house or accessory use shall not exceed seven hundred fifty (750) square feet in size, exclusive of open porches, decks, carports, and garages. The square footage of the guest house unit shall not be included in the minimum or maximum amounts of square footage for residences as provided in Paragraph tII(l), above. Ifapproved, guest houses or accessorT uses shall be used only in association with the principal residential use of each lot and may under no circumstances be rented either short or long term. 3. Duplexes/Multi-Family Structures. Duplexes and multi-family structures are prohibited in the Subdivision. An approved guest house attached to a residential structure shall not be deemed a duplex. 4. Outbuildings. Greenhouses shall be permitted within the Subdivision provided that they do not exceed five hundred (500) square feet. Auxiliary buildings such as tool sheds, work areas, detached ga.rages, and the like shall be permitted so long as any individual outbuilding does not exceed one thousand (1,000) square feet. No green house or auxiliary building shall exceed twelve (12) feet in height. When necessary to mitigate or screen unsightly property, variances, approved pursuant to Article IV(S), applying to size and the height of the outbuilding may be granted by the Architectural Committee. No greenhouse or auxiliary building shall be used for any commercial purpose nor shall they contain living facilities or kitchens. ARTICLE IY ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committe€ (AC) shall be composed of between three (3) and five (5) natural persons. Prior to Declarant's sale of twenty two lots (22) in the Subdivision, Declarant may appoint the members of the Architectural Committee which may include officers, directors, or shareholders of Declarant, in Declarant's sole discretion, and the Board of Directors of the Homeowners Association shall have no authority to remove any member so appointed. Upon the sale of the 22nd lot in the Subdivision, the members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all timeibe at least three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties, and responsibilities set out in this instrument. 2. Approval bv Architectural Committee. No improvements of any kind, including but not limited to dwelling units, garages, accessory buildings, swimming pools, tennis courts, ponds, parking areas, fences, walls, driveways, antennae, satellite dishes, curbs, and walks shall be conJtructed, erected, altered, or permitted to remain within the Wooden Deer Subdivision, nor shall any excavating, tree cutting, and clearing or landscaping be done within the Wooden Deer Subdivision, unless the complete architectural plans and specifications and a site plan showing the location and orientation thereof for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Oeciarant may be specifically permitted to do by these Covenants or required to do by any subdivision improvements agreement between the Declarant and Garfield County. Revegetation of all infills and cuts wilt be required. Plans addressing the revegetation of infills and cuts will be zubmitted to the Architectural Committee prior to any excavation. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed and dated for identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specif,rcation information, plans, specifications, reports, ffid the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify the information, reports, plans, specifications, and the like required to be submitted to the Architectural Committee. In the event the Architectural Committee fails to take any action within forty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials, and colors have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of p1ans. In the event the Architectural Committee shall disapprove any architectural plans, the person or entity submitting such architectural plans may appeal the matter to the next annual or special meeting of the members of Wooden Deer Homeowners Association where a vote of sixty-five percent (65To) of the members' votes entitled to be cast at said members' meetings shall be required to change the decision of the Architectural Committee. 3. Improvements - Site Location. No structures or improvements, other than fences, shall be constructed within those shaded areas which contain 40 percent or greater slopes shown on the map attached hereto as Exhibit A and incorporated herein by this L I i I I i I I I : I I I I I I I I I t I I t t I I I t I t I I reference, which areas shall remain as open space. Pre-approved points for building sites for the primary dwelling structures for each lot are identified on the Final Plat and monumented on the property. Site review by the Architectural Committee for the primary dwelling structure is not necessary so long as the structure, excluding open porches, decks, carports, and garages, is over the identified point at some location, subject to County setback requirements. Site locations for the primary dwelling structures which are not over the pre-approved point must be reviewed by the AC. Site review for all other structures and improvements must be undertaken by the AC. 4. Building Permit. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. 5. Variances. The Architectural Committee may, by an affirmative vote of a mqiority of the members of the Architectural Committee, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this instrument and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these Covenants required by an approvals obtained by Declarant from Garfield County for Wooden Deer Subdivision or which violate the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all lot Owners within the Subdivision. Notice to such lot Owners shatl be deemed complete when placed in the United States mail, first- class postage prepaid, to the last known address for each lot Owner as provided to the Association. 6. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations within Wooden Deer Subdivision harmonize to the greatest extent possible with the surroundings and with other structures as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots and other design features. The Architectural Committee shall protect the seclusion and view of each lot insofar as possible (taking into account final buildout of all lots in the Subdivision) in the development of Wooden Deer Subdivision pursuant to these Covenants and shall endeavor to protect and preserve the visual character of the property and preserve and maintain the trees in Wooden Deer Subdivision. a. Soils and Foundation Report and Gradine and Drainaee Plan. Prior to the issuance of a building permit by Garfield County, a lot Owner shall cause to be prepared and submit to Garfield County and the Architectural Committee a soils and foundation report, ffi independent sewage disposal system design, and a grading and drainage plan prepared by a professional engineer. All improvements b. and structures shall be constructed in accordance with the recommendations and conditions of such report and plan which are included by Garfield County as conditions of the building permit or are made requirements or conditions of the approval of the Architectural Committee. Materials and Landscap-ine. In its review of any proposed development activity, the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, location with respect to topography and finished grade elevations, and harmony of landscaping with the natural setting and native trees and other vegetation within Wooden Deer Subdivision. It shall encourage "xeroscape" Iandscaping which emphasizes the use of indigenous foliage. Site Location. The Architectural Committee shall exercise its judgment to preserve to the greatest extent possible the natural characteristics of each lot and all natural vegetation, including trees and bushes and the natural setting of each building site. The Architectural Committee must approve the location of all structures and improvements to be located on each lot (except as provided above in Paragraph 3 Article IY). Fencing. The Architectural Committee must approve all fencing prior to installation. Barbed wire and chain link fencing shall be prohibited. Only wooden fencing shall be permitted within the Subdivision, with limited exceptions pertaining specifically to gardens, kennels, or other elements where a wooden fence would not serve the purpose desired be it to keep animals in an enclosed area or to keep wildlife out of an enclosed area. The type and location of alt fencing must be approved by the Architectural Committee. One basis for consideration by the Architectural Committee of fencing will be how it affects wildlife. Wood fencing shall not exceed forty-two (42) inches in height, shall not have more than two horizontal poles and the bottom pole shall be at least twenty- four (24) inches off the ground. Wildfire. The Architectural Committee must consider the buildingstandards specified by the pamphlet "Wildfire Protection in the Wildland Urban Interface'r prepared by the Colorado State Forest Service (CSFS #143-691)' a copy of which is attached as Exhibit B, in granting approvals for construction of residences and other plans submitted to it for approval. The Architectural Committee shall to the maximum extent possible incorporate the guidelines set forth in that pamphlet into the plans approved for Owners of lots in the Subdivision to protect the Subdivision and all of the buildings constructed therein from the danger of wildfire. No shake or "treated" shake roofs will be allowed in the subdivision. Metal roofs or other fire resistent roofs will be required. Water Meter. The Homeowners Association will provide domestic water from its well system to all residences constructed within the Subdivision. Each Owner c. d. e. f. o shall be responsible for providing a water metering system acceptable to the Homeowners Association and the Architectural Committee for the purpose of metering water usage. Such meter must be placed in a location which provides reasonabte access, on the outside of the residence, for purposes of reading the meter to determine charges based upon usage. Lighting. The Architectural Committee shall consider exterior lighting plans and will recommend that all exterior lighting (with possible exceptions for lighting necessary for safety) be directed towards the applicants property. It will also recommind that all lot owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owner's property. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. Preliminarv Anprovals. Lot Owners who anticipate constructing improvements7. on lands within Wooden Deer Subdivision may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should "ont^in sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to act intelligently on giving an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifrcitions, materials, and colors are submitted and approved or disapproved. The preliminary approval is offered as an accommodation only, and the Architectural Committee may set fees for this service. 8. Architectural and Site Development Plans. The Architectural Committee shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 9. Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or entity submitting any plans for approval, or to any Owner or Owners of land within Wooden Deer Subdivision, by reason of any action, failure [o act, approval, disapproval, or failure to approve or disapprove with regard to such plans. The Architectural Committee shall have no liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by these Covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these Covenants. 10. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the finally approved architectural and site development plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. 11. Authority to Promuleate Rules and Resulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement these Covenants. These ruliiand regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, modifications to buildings, and the like. ARTICLE V RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No lot described on the recorded Final Plat of Wooden Deer Subdivision shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat of Wooden Deer Subdivision; provided, however, conveyances or dedications of easements for utilities if approved by the Architectural Committee may be made for less than all of one (1) lot. trtotwittrstanaing the foregoing, a lot line adjustment between two (2) lots in Wooden Deer Subdivision shall be deemed a permitted subdivision, subject, however, to any reviews or disapprovals that may be required by the Garfield County Land Use Code and to the prior approval of the Architectural Committee. 2. Domestic Animals. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board of DirLctors. No farm or ranch animals shall be permitted to be boarded within the subdivision. A lot Owner shall be entitled to keep a maximum of two (2) mature dogs on his property. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, kenneied, or housed at all times. Metal fencing will be allowed for the purposes of kenneling dogs. Location of kennel shall be subject to review of the Architectural Committee. The Homeowners Association shail have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation committed by an Owner's dog and One Hundred Dollarc ($100.00) plus an additional Fifty Dotlars ($50.00) for each subsequent violation such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. Should any dog be caught chasing or molesting deer, elk, poultry, or any domestic animals, the Homeowners Association shall be authorized to prohibit the property Owner from continuing to maintain the offending animal on his propefty and may dispose of that animal, if necessary, to protect wildlife or other Owners' domestic animals. No Owner shall be allowed to keep poultry, fowl, rabbits, roosters, peacocks, or turkeys on any lot at any time. Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects, and waste at all times. Notwithstanding the foregoing, no animal(s) may be kept within a lot or the residences which, in the good-faith judgment of the Board of Directors result(s) in any annoyance or are obnoxious to residents in the vicinity or to lot Owners within the Subdivision. 3. Underground Utility Lines. With respect to the new construction or extension of any utilities, all water, sewer, gas, electrical, telephone, cable television, and other utility pipes or lines within the limits of Wooden Deer Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in Wooden Deer Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than the next growing season following installation. 4. Service Yards and Trash. Equipment, service yards, or storage piles on any lots may be permitted during construction if they receive Architectural Committee review approval. All rubbish and trash shall be removed from all lots in Wooden Deer Subdivision and shall not be allowed to accumulate and shall not be burned thereon. 5. No Minins. Drilling. or Ouarrying. Mining, quarrying, tunneling, excavating, or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall not be permitted within the limits of Wooden Deer Subdivision. Individual wells shall not be permitted on any lot, and no Owner shall be permitted to drill for water on his lot, unless prior approval shall have been obtained from the Architectural Committee. 6. Trees. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. All construction, landscaping, and development on any lot shall seek to minimize the removal of trees and to preserve the natural trees and vegetation to the greatest extent possible while bearing in mind wildfire considerations. 7. Shiny Materials. No building or improvements shall contain exterior roofs or siding materials which are reflective or shiny. 8. Hunting. Hunting shall be prohibited within the Subdivision. With the approval of the Homeowners Association, a lot Owner may, consistent with the requirements of law, destroy or remove wildlife which constitutes a nuisance. 10 ARTICLE VI WATER SI'PPLY AND WATER RESTRICTIONS 1. Water Pressure. Lot Owners are hereby advised that some lots within the Wooden Deer Subdivision may require individual pumps at the expense of the lot Owner to ensure that adequate water preisure is obtained from the Association's potable water system is maintained. ARTICLE Vtr RESTRICTIONS ON LOTS 1. Number and Location of Buildinss. No buildings or uses shall be placed, erected, altered, or permitted to remain on any lots except as approved by the Architectural Committee. 2. Completion of Construction. Any corutruction activity on any lot in Wooden Deer Subdivision shall be completed, fully cleaned up, and landscaped within eighteen (18) months from the issuance of a building permit, unless the lot Owner shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Association may assess penalties in any amount it deems appropriate. 3. Used or Temporary Structures. No used or previously erected or temporary house, structure, mobile home, or trailer shall be permitted in the Subdivision nor may a variance from this provision be granted. This prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a certificate of occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office, and storage purposes and shall not be occupied as a residence for any period of time- 4. Enclosure of Unsiehtlv Facilities and Equipment. Alt unsightly structures, facilities, equipment, and other items, including but not limited to those specified below, shall be enclosed within a solid structure sufficient to screen zuch things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment, and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters, propane tanks, fuel storage tanl<s, or other facilities, service area, or storage pile shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architecturat Committee and adequate to conceal the same from neighbors, streets, and private roads. No lumber, metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any lot except building materials during the course of 11 consruction and only for such reasonable periods of time as are necessary prior to the collection of or disposal thereof. 5. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sands shall be carried on upon any portion of Wooden Deer Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereof by sight or sound. 6. Fireplaces. No more than two (2) open fire places may be allowed per lot. Fire place uses may not be transferred from one lot to the next. 7. Firearms. The discharge or shooting of firearms is prohibited in Wooden Deer Subdivision except as may be permitted by rules and regulations promulgated by the Board of Directors of the Association. 8. Commercial Activities. No commercial activities shall be permitted on any lot in the Subdivision. The storage of materials, goods, equipment, and other items used or associated with commercial activities shall not be permitted on any lot in the Subdivision; provided, however, personal vehicles with a business name placed thereon shall not be prohibited. Owners shall be permitted to maintain an office within their residences so long as it does not provide services to the public which result in the public coming to such residence on a regular basis. 9. General Restriction. All lots in the Subdivision shall comply with restrictions contained in any other section of these Protective Covenants. ARTICLE VIII COLLECTION OF ASSESSMENTS . ENFORCEMENT 1. Assessments. All lot Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: the provision of water to the lots which shall be metered; expenses and costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving, and preserving the Association's common property; expenses of the Architectural Committee; and insurance, accounting, and legal functions of the Association. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of the Association's common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purpose. Contingency and reserye funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his prorata portion of these funds. As used herein, an Owner's prorata portion of common expenses shall mean a fraction formed by the number of lots purchased and held by the lot Owner (numerator) and the number of lots in the Subdivision (denominator). The Board of t2 Directors shall have the right during any calendar year to levy and assess against dl of the Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or By-Iaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 2. Lien for Non-Payment of Assessments. All sums assessed by the Board of Directors, including without limitation the share of common expense assessments chargeable to any lot Owner, any fines which may be levied on a lot Owner, and unpaid utility fees and assessments charged to a lot Owner shall constitute a lien against such lot superior (prior) to all other liens and encumbrances, excepting only: a. Tax and special assessment liens on the lots in favor of any governmental assessing unit; and b. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. c. Each Owner hereby agrees that the Association's lien on a lot for assessments has hereinabove described shall be superior to the Homestead Exemption provided by C.R.S. $38-41-201 C! seQ., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any lot within Wooden Deer Subdivision shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. d. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payrnent and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the lot, and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the 13 Association, shall have the power to bid on the lot at foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3. Enforcement Actions. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within Wooden Deer Subdivision. In addition, each Owner of land within Wooden Deer Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed 1.5 percent per month. After thirty (30) days, written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $50.00 per day for every day the violation exists or continues after the expiration of said thirty (30) day period. 4. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Wooden Deer Subdivision in violation of these Covenants and no action is conrmenced within one (l) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any parry aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE IX EASEMENTS AND OPEN SPACE 1. Easements Shown on Final PIat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. Except by agreement with a properfy Owner, the Association shall have no obligation to pay any amount for the use and enjoyment of such easement. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 2. Well Easements. The Association is entitled to certain water rights for the construction of wells within the Subdivision as is reflected in Case No., which was adjudicated on , in the District Court in and for Water Division NO. 5. The Association is granted easements for the construction, operation, maintenance, repair, and replacement of such wells, waterlines, water storage tanks, and other facilities as shown on the Final Plat and for the construction and location of well houses, water lines, and other equipment and improvements necessary to utilize such water rights. t4 3. Easements for Access and Renairs. The Association shall be entitled to an easement across any of the lots within the Subdivision for the purposes of accessing any of the Association's property, protecting arly Association property, or for necessary repairs or emergency circumstances. The Association may access all lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of these Covenants. 4. No Access To or From County Road 104. After completion of the construction of Wooden Deer Road all but emergency access shall be prohibited to and from County Road 104. Before the access roadway from the Subdivision to County Road 103 has been completed, general traffic may be allowed on the existing, temporary roadway at the Declarant's discretion; provided, however, in no event shall such use of the existing temporary roadway continue after eighteen (18) months following approval by the Board of County Commissioners of Garflietd County of the Final Plat for the Wooden Deer Subdivision. ***5.Emergency Fire Easement. Ianguage from Martin Agreement. "Provisions for usage and maintenance. " Open Space Areas. Lots 3, 4 and 5 will not be peruritted to disturb in any6. way the open field, north of the Wooden Deer Road and north of the east west tending portion of the emergency access easement. This field is to remain open, natural and undisturbed; provided, however, with approval of the Architectural Committee, said lot Owner shall have the right to build or plant a visual screen on or near the northern boundary of the property if it deems it necessary to screen the effects of development of property not under the Homeowners control. The owners of these lots must confine the location of the primary dwelling structure to the wooded portions of their lots south of the above mentioned section of roads. Improvements in the Iess treed areas south of the roads shall be limited to driveways and minor structures approved by the Architectural Committee. ARTICLE X COMMON PROPERTY 1. Mail and Trash Area. Room for a trash facility has been reserved in the "Mail and Trash Area" provided on the Final Plat should the home owners elect to pursue trash service. Should the Homeowner's Association elect to construct a trash facility, said facility shall be entirely enclosed, including a roof and doors with adequate latches to prevent wildlife from gaining access to the facility, in an all wooden structure built to embody the quality of the Wooden Deer Subdivision. The structure shall be stained, or painted, a color harmonious with the natural surroundings and hidden from view as much as is reasonably possible. 15 ARTICLE XI INSURANCE 1. Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage: The Board of Directors, at its discretion, may elect to secure frdelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, and errors and omissions, and other forms of liability generally covered in officers and directors liability policies. Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. ARTICLE XII GENERAL PROVISIONS 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Wooden Deer Subdivision, and the benef,rts thereof shall inure to the Owners of the lands in Wooden Deer Subdivision and the benefits, and burdens of all said covenants shall run with the title to all of the lands in Wooden Deer Subdivision. 2. Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, these Covenants may be terminated on January I of the year 2036 by a vote of seventy-five percent (75Vo) of the votes entitled to be cast by the members of the Association. If these Covenants are not so tenninated, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, the Covenants are terminated by a vote of seventy-five percent (75Vo) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any zuch terminationby the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (O months after the meeting at which such vote is cast. 3. Amendment of Covenants. These Covenants may be amended by a vote of seventy-five percent (75Vo) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Carfield County, Colorado, r6 no more than six (6) months after said meeting 4. Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 5. Paragraph Headines and Underlining. The paragraph headings and underlining within this instrument are for convenience only and shall not be construed to be a specific part of the covenants contained herein. 6. Limited Liability. The Association and the Board shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. IN WITNESS WHEREOF, this Declaration of Protective Covenants for Wooden Deer Subdivision has been executed as of the day and year first above written. Declarant: CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado Corporation President ATTEST: Secretary By T7 ( STATE OF COLORADO COT]NTY OF Acknowledged, 1992, by Corporation. WTINESS my hand and My Commission "lo ,*o- to before me this on behalf of Carl 18 day of Land Development Notary Public \ ,l :l ls l)I\:1, .ll rl iF3i Hd\5- AO IL taS s a stih \ FTllra Rtr.las R t E ir^ i It!* a dd:a E Etri s iill $ lirl rE Jti h['li \-\)))s/(d)J,I !rrt ti T R t* lrlol UI E ] EXHIBIT B \/ildfire Protectron ii in the Wildland Urban Interface l i l : FOREST SERVICE .l ,:I I,rlble of contents Basic home fire safety Tips for pre-construction fire Common forest fuel class How slope affects defensible Water supplies can make a di Accessibiliry - can your home Fire safety check list 1-3 4-5 6 7 8 9 10 basic home fire safety Severe wildfire hazards may exist around homesites in forested areas. These hazards can be reduced by creating a "defensible space" around homes, outbuildings. drives, and roadways. ("Defensible space" refers to a minimum 30 foot diameter area around a home on level terrain.) This... tlefensible spdce can save your home. Not this... no defensible space is a disaster waiting to happen. Evaluate areas around your site using the following recommendations, and make any changes necessary to improve fire safety. By implementing these guidelines, you will not only be helping prevent the loss of your home to wildfire, but also providing firetighters with the space they need to operate- Complete this check three or four times a year' and correct hazards as necessary. 1. Keep roofs clear of debris. 2. Enclose or screen porches, floors, roofs, and attic openings. .= .t- =.r-' '/ -.(-- /z_ illli[l i 3. Remove tree branches hanging within 15 feet of chimneys. 4. Clear weeds and other debris to a minimum distance of 10 feet from the base of the structure. Use only LIMITED foundation plantings in this 10 foot strip. Tlis.. Not this... 5. Do not park motor vehicles in tall dry grass - hot mufflers can start fires. 6. Develop an outdoor water supply for firefi-ehting (e.g. a small pond, cistem, well, or hydrant.) 7. Stack firewood uphill. or on a contour, and at least 15 feet away from buildings. Remove fine fuels from the vicinity of the firewood. 8. Place one or more 10-pound ABC-class fire extinguisher in the home. A 50-foot garden hose connected to the hot water heater drain is useful in the event of a fire emergency inside the home. 9. Install power and telephone lines underground. If burying the lines is not possible, keep branches clear of them. 10. Thin out continuous brush and trees within 30 feet of homesite (increase this distance if your home is located on a slope). Adequate thinning is reached in this "defensible space" when tree crowns are at least 10 feet distant on all sides. Isolated clumps may be permitted if the 10 foot minimum distance is increased. Not this... Prune dead limbs to a height of 10 feet from those trees remaining within two tree heights of all structures. In this same area, prune live branches to 10 feet from at least halfthe trees. 1 1. Ideally, trees should be thinned for fire hazard reduction as in the figure below. Thin heavily in the defensible space, moderately in the transition zone, and continue "normal" forest thinning in the surrounding forest. However, if thinning the surrounding forest is not planned, double defensible space area. 1 o'normal" thinning 'lrI I Tips for pre-construction trr€ safety --- i- ;- ; - iltti t_ .'-i I i'tllirlt :t, 1. When selecting a site for a new home, consider level terrain versus hillsides, canyons, and ridges. Fires on these types of slopes are generally hotter and faster spreading. 2. Avoid flat roofs where leaves, needles, or other flammable debris will accumulate when planning or building structures. Consmrct roof coverings with noncombustible, Underwriter Laboratory approved materials. 3. Materials for exterior walls should have a fire resistance rating of one to two hours; stucco, brick, rock, metal siding, and concrete block meet these ratings. i+'.r... i I Itl.i t:* -1. --l- ' ' .'' ----l--rl rather from 4. Locate undereave vents near the roof than near the wall to prevent heat or entering the house through these safety glass protec with fire-resistive shutters li 5. Picture windows which can be all windows and s 6. Minimize size of the house that ld be of thick, tempered in the event of a wildfire. Prdtect ing glass doors with nonflammable shu and provide fire resistant drapes or blinds on interior; this will help prevlent ldfire from ignitingradiated heat from combustibles inside number of windows on the side ld most likely be exposed to a fire, e.g., the I side. j. Common f.,,'est fuel class r€cor.rlrie[dations The table below contains general descriptions of Ladder fuels are vegetation which may allow a fire to common fuel types. Your property probably will have bum from ground level to lower tree branches. They a combination of two or more types. Select the type can include grass, brush, small trees, shrubs, and low that most closely describes your situation, and follow branches. This type of fuel arrangement is very recommendations for defensible space. They are dangerous in wildfire situations but can be easily designed to reduce fire hazards within the defensible corrected by landowners. Modifications include space without adversely affecting the property's reducing ground fuels, thinning low vegetation, and aesthetic appeal. pruning tree branches to a height of 10 feet from ground1eveltoremoveone..Step''intheladder'thus decreasing the probability of flames reaching tree crowns. Fuel Classes Description Expected F ire B ehvavior Action Required Bruslt Continuous dense fuels. 1.5 to 10 feet high: fire control is difFrcult due to tough, numerous stems which resist cutting: strong root s),stems ma.Iie brush difficult to clear or grub out. Medium to high intensity; may throw sparks ahead of fire causing several small ones; fire spread is moderate to extreme; excellent ladder fuel. These areas are difficult to modify, but can be thinned; only small patches of brush allowed in defensible space: no brush shouJd be left within l0 feet of structure; cut during growing season to Iimit sprouting: (sprouts may require chemical treatment). Trees _ Low Densin Open conifer stand with less than 35 percent crown coven areas may contain grass, weeds, brush under 2 feet tall. aspen. cottonwoods. or willow. Low intensity fire; may spread rapidly, but easy to extinguish. If ladder fuels are present, follow instructions for ladder fuels (below); prune limbs up to l0 feet above ground level; eliminate debris from area. Trees _ Medium Density Crown cover of 35-55 percent of the ground area; tree crowns usually are not touchin_e; herbage and litter are present with patches of small trees and deadwood. Moderate intensity; flare-ups occurring to many feet above tree tops; sparks may be thrown ahead of main fire; fire spread is variabie and may produce considerable heat. Remove ladder fuels: thin clumps of trees so that crowns do not touch; occasional clumps may be retained dependent upon location within defensible space: maintain a mixture of species if possible. Trees -High Densiry Dense conifer stands of more than 55 percent crown cover, brush understory, or ladder fuels; crowns are usually touching. High intensity; frequent flare-ups higher than tree tops; "crown" fires possible; sparks may be. thrown far ahead; these very hot fires can spread rapidly and are difficult to control; if fire is in crown, actual control may be impossible. Remove ladder fuels: thin trees in defensible space so no crowns touch; if home is surrounded by high-density tree stand, no clumps are recommended within defensible space: maintain a mixture of species if possible. In this table , "crov'tr covcr" refers to the ontount of ground area measlo'ed per acre that is covered by il'ee crov,ns, as viev,ed from above. 6 How srrrpe affects defensir.,r€ space As heat rises, fuels on slopes preheat and ignite quickly, causing wildfires to travel faster upslope. Therefore, enlarge defensible space around homes on slopes - particularly on the downhill side. Defensible space size will not affect fuel modification recommendations; it will only increase the area to be completed for fire protection. Give special attention to ladder fuels on all sloping terrain. Minimum defensible space recommendations: Level Terrain Thinned 307o Slope Compared to level terrain, rate of fire spread increases by two Thinned 557o SloPe Compared to level terrain, rate of fire spread increases by four. The increase in defensible space size is based on increased rate of fire spread at the listed slopes. If you live on slopes other than those listed, use the slope chart to help determine your side and downhill dimensions. However, if the forest surrounding the defensible space has not been thinned, double these sizes. Example: If -vour home is situated on a 20 percent slope' ctefensibte space dimensions would be 40 feet uphill and to the sides oJ your home, and 47 feet on the downhill side. 50 40 20 l0 30 35 40 45 50 55 60 65 70 80 90 100 -1- ) _r-:-l- _:-. Water st}pHes can make I .,rfference i--- -_----i -, . rr.i - ---r-I----- rllill --_l Without water, fire suppression is difficult at best. Homeowners should have a ready reserve of water to begin fire suppression as soon as abldze is detected. Especially in wildland or forest fires, developing water supplies for use by local fire agencies may be the difference between saving a home or watching it bum. . be situated away from the home; and . be equipped with sufficient hose to reach all parts of the residence. The hose should have an adjustable nozzle for spray or straight stream water application. If water hydrants are not available, an underground storage tank of 1,000 gallons or more is recommended. These cistems can be separate from or part of domestic water srorage and should be installed deep enough not to freeze. Streams or ponds can be very useful as a source of water in an emergency. But, because winter freezing can limit this water's availability, establish methods to obtain water year-round. Access to these areas is also.very important and should be planned ahead of time; check with your local fire depaltment to obtain access criteria. Whether emergency water comes from a cistern, pond, or stream, methods for moving the water must be designed. A gasoline-powered water pump should be available as auxiliary power in the event of an electrical outage. Adequate hose and nozzles should also be on hand. Mark your cistern with a sign to notify firefighters of its Iocation. Availability of an emergency water supply is critical considering the time it may take fire a_eencies to respond. Some fre districts or protection areas are so large that response time can be 15 minutes or more after the alarm. And, while many rural fire departments carry water on their trucks, more may be needed for complete suppression. As a landowner, consider 1) hydrants, 2) cisterns, 3) ponds, and 4) streams as water supply sources for your property: Some subdivisions are planned with fire hydrants or cistems strategically placed throughout the development. Water sources should have: . sufficient storage for adequate fire protection, as well as domestic needs; :'Accessibility - can your home oe protected? Properly maintained defensible space and water supplies are useless if flre vehicles cannot reach the structure. Primary roadways should provide separate routes of enffance and exit. Emergency situations may require one-way traffic so that residents may leave as flre vehicles arrive. Single ingress/egress impedes safe traffic flow. Determine whether or not fire vehicles can get into the driveway and near your home. If not, local fire agencies should be notified ahead of time, and emergency vehicle parking areas designated. Properly marked road signs will help firefighters conserve precious time. A prominantly displayed homeowner's name and lot number will assist emergency crews to quickly locate the site. If the driveway crosses a bridgd, load limit signs should be posted. Be sure to incorporate defensible space thinning along driveways and around out-buildings in addition to that around the residence. Thinned stands reduce fire intensiry. Meadows and rock outcrops provide escape areas; good access and adequate water supplies are provided for fire Jighting eqttipment. .,'ire safety checkli' - ,---__1.- Dates completed and/or rechecked 1. 2. 3. 4. 5. 6. Trees and brush are properly thinned and pruned within the defensible space; slash from the thinning is disposed of. Roof and gutters are clear of debris. Branches overhanging chimney area are removed. Grass and weeds are mowed within 10 feet of structures. Firewood is stacked uphill and/or on a contour at least 15 feet away from the home. Outdoor water supply is available complete with hose and nozzle. Fire extinguishers are checked and in working condition. Driveway is wide enough to accommodate fire vehicles (check with local fire department). 7. 8. 9. Signs are posted for identification, emergency vehicle parking area, and bridge load limits. 10. There is an easily accessible tool storage area complete with rakes, hoes, axes, and shovels for use in case of fire. 11. Family fire drills and fire evacuation plan have been practiced. (Escape areas should be open with good visibility all around. Meadows, rock outcrops, and wide roads are good examples.) 12. Attic, roof, and eave openings, and sides of stilt foundations, are enclosed, screened or walled up. 13. Trash and debris accumulations are removed from the defensible space. 14. A checklist for fire safety needs inside the home has also been completed (available from your local fire department). If necessary, request assistance for this checklist fi'om your local fire andl or forestry agencies. 10