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
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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
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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
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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.
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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
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Standard Lot Setbaeks:County setbacks will apply.
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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
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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.
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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.
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Access to public rioht-of-wav: See Map 1
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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
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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
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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
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3.
4.
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20,
The
ofato be
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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
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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
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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
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(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
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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
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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
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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.
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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
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;':ir,ii,i :f ,lli$ 4ri','
SEE MAP
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NO.. , 2393-26jze-.+
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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
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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,
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99C-1
S'TE\vAFIT TITLE
OUANANT' COIIPATI
UNTERSTGNATARE
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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.
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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:
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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
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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
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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.
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E;<I{IBT:T CI
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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
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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
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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.
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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
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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.
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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
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Ocrobcr 31. 1991
39.
1991.
nla..B.
c.
41.
o.
43.
SD(fiI CLAIM
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D.
47.
49.
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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
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Octobcr 31. f99l
EIGHTII CLAM
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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-
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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
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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
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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
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6
6
7
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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.
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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
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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
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3 4
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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)
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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.
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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
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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
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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
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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
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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)
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Based upo
lncludes al
full development of all 22 lots.
wance for five percent transit loss.
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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
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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.
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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
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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 $360.00 for the filing fee.
If you have any q or concerns, please let me know.
Very truly yours,
LEAVENNVORTH & LOCHHEAD, P.C.
LOTAL E. LEAVENWOFTH
JAMES S. LOCHHEAO
SHERRY A. CALOIA
THOMAS L. AOKISON
LEL:eg
Enciosures
cc: Scott Writer
f* f* /*r.>(,+,- Lvgv-l w I Y'X
Loyal E. Leavenworth I - 0
/enc.
Paui Bussone wienc.
(x
(x
FOR: (x
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lJ.5.icv.76
:plication must
r complete where
rolicable. Typa or'Int in BLACK
. K No overstrrkes' ensures unless
itialed.
COLORADO DIVISION OF WATER RESOURCES
818 Cantennial BldE., 1313 Sherman SL, Denvcr, Colorado 80203
PERMIT APPLICATION FORM
A PERMIT TO USE GAOUNO WATER
A PERMIT TO CONSTRUCT A WELL
A PERMIT TO INSTALL A PUMP
REPI-ACEMENT FOR NO.
OTHER
WATR COUFIT CASE NO 9-F189, hater D:-visicn No. 5
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'i) APPLICANT - mailing address FOR OFFICE USa ONLY: OO NOT WRITE IN THIS COLUMN
No.
D n h-trar 1l1al1 Dist.r riE! I
Glenqtood Springs, CO 81602
*p. 7 S. nnr. 88 w .til'st tE'wl
(Strr.1 (aol
.Ai.EPFIONE NO.
(303) 945-226L
3) LOCATION OF PROPOSED WELL
lunty caafield
M'i :2. of tra---s- 7r, Secdon 25
6rh
:3I WATER USE AND WELL DATA
}oposed maximum pumping ratt (gPml
rvGErgG annual amount of ground water
J bt appropriated (acr+fernl:
\umber of acres to be irrigted:
prooosed toal deOth (fefil :350
Aquifer ground water is to bc obtained from:
Easa1t VoLcanics
I{oooen Deer I'ie1l No. 6
Cr.vner's wel I desiqnation
) HOUSEHOL O USE ONLY . no-irrigation (01
This well shall be used in such a waY as to cause
no materiai iniury to exi$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
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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
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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
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-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
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i r:
Itr-
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I++
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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
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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.
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( LE(S) THAT THE INFORMATION SET FOHTH HEREON ls
TRUETO@WLEDGE-I
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,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{
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(
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DOMESTIC (1)
LIVESTOCK (2)
COMMERCIAL (4)
( ) TNDUSTBTAL (51
(x l IRRTGATToN (6)
il MUNICIPAL (8}
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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
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(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
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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:
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-+-+-+-+--F-+-+-+
!<- I MtLE.528o FEE7
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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.
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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.
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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.
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\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
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I+-+
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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
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(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'
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Sbott Writer, President.
IS KNOWLEDGE.
(x
(x
FOR: (x
(
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-. 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
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Iron or;tc
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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
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-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
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-!-r--L--l-ttl,
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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
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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
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TRUE IS KNOWLEDGE.
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)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
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!<- t MtLE.s28o rEEr*l+++++++
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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:
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lcn
IE
II NORTHT
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lrl1-fTIr
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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.
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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
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(13} THE APPLICANT(S)STETEISI THAT THE INFORMATION SET FORTH HEREON IS
KNOWLEDGE.I
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TRUE TO
Writer, President
(x
(x
FOR: (x
(
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.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
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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)
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-+-+-+-+-+-+-
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
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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 . .. <SOO grttoni
t,0fi1 gpm orrmgcrt continsouttv fot ona da/ prldu- a.42 rcr;rGGr.
i- T
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I+-+
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I I_tl-
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+--i-
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"., -' :'--
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
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(10} L.AND ON WHICH GROUNO WATEH WILLJE USED:
TRUE TOI+IE HIS KNOWLEDGE.
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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
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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.
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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
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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
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. 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
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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
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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:
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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-.
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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
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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
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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
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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'
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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
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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
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south.
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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
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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'
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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
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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'
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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'
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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
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basements, the homes to the south full basements or crawl spaces' Foundations loads
ontheorderof2,ooopoundsperlinealfootalongtheexteriorwallsand50kipsonthe
t interior columns were anticipated'
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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
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topsoil above very stiff sandy clays with gravels and cobbles, practical drill rig refusalwas
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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
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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
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to 87 percent (passing the No' 200 sieve)'
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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
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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
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of basalt boulders. we recommend trench backfill have 100 percent passing the 6-inch
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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.
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I FouNDATtoN AND ,A,EMENT coNslDERATloNs
I ln our opinion the site can be developed for single family residences with a
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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
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for homes built on the southern half of the site may be on expansive soils and need to
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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
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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
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aggregate base or with 5 inches of full depth asphalt'
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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.
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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
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should be designed to provide rapid runotf of surface away from the proposed
residences'
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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
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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
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conditions in the locality of this proiect. No other warranty' expressed or implied' is
I made
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lf we can be of further service or if you have questions regarding this report'
please call.
Manager
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-ao6e
:l
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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
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<F6
JOB NO. t8,256
FIG. I
F
IJIJIL
IrF
0_
trJo
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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,
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IJJ
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IL
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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
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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
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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
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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
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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
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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.
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Jro truly yours,
g, P.E.
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r CTL/THOMPSON, lNC.
I CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS
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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.
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I 234 .ENTER DRrvE GLENwooo spRrNGS. ccLoRADo 81601 (3o3) 94s-2'os
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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,
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Jo i:chling, P.E.
(anch
JM:gs
234 CENTER ORIVE GLENWOOO SPRINGS, COLORADO 81601 (3O3) 94$28C9
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SUMMARY OF LABORATORY TEST RESULTS
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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
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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€
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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
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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
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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,
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ICr,-c M qnrrla
ffigineering Geologist
GEOLOGY
STORY OF THE PAST... KEY TO THE FUTURE
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March 4, 1892
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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
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(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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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,
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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
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] EXHIBIT B
\/ildfire Protectron
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in the Wildland Urban Interface
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FOREST
SERVICE
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,: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.
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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
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Tips for pre-construction trr€ safety --- i- ;- ; -
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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.
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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
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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