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PRELIMINARY SUBDIVISION PI-AN
APPLIGATION
ST. FII{NBAR FARM SUBDIYISION
OWNER / APPLICANT:
St. Finnbar Farm Land ComPanY
General Manager: James Mindling
601 East HYman
Aspen, CO 8161 1
PI-ANNER:
Land Design PartnershiP
Ron Liston, Planner
918 CooPerAvenue
o' "'[?:l,?tl tn i?^3' 2o b- 4 o Lu
ENGINEER & SURVEYOR
High Country Engineering, lnc'
Tim Beck, Engineer; Frank Harrington, Surveyor
923 CooPer Avenue
Glenwood SPrings, CO 81601
Ph. (970) 945-8676
May 20, 1998
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PRELIMINARY PLAN
ST. FINNBAR FARM SUBDIVISION
TABLE OF CONTENTS
APPLICATION FORM
INTRODUCTION & BRIEF HISTORY
GENERALDESCRIPTIoNoFPRoPoSEDDEVELoPMENT
RELATIONSHIP TO COMPREHENSIVE PISN
SUBMITTAL REQU I REMENTS
Attachment A
LtNcoLN DEVoRE GEOLocv I soils ieponr & ScS SoILS MAPPING
Attachment B
U.S.ARMYcoRPSoFENGlNeenswerr.nruoVER|F|CATIoNLETTER
Attachment C
DRAINAGE REPORT
Attachment D
ENGINEER'S REPORT
Attachment E
WATER SUPPLY REPORT
Attachment F
PROPERTY OWNERS WITHIN 2OO FEET
Attachment G
TITLE COMMITMENT
PRELIMINARY PLAT AND CONSTRUCTION DRAWINGS
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Sketch Plan
PreliminarY Plan
Final Plan
_)ooo(-.-.----
SUBDIVISION APPLICATION FORM
SUBDIVISION NAME: St' Finnbar Farm Subdivision
OWNER:St. Finnbar Farm Land ComPanY
ENGINEER/PLANNER/SURVEYOR: Engineer/Surveyor, High Country Engineering' Inc; Planner' Land Design
PartnershiP
LOCATION: Section:
-31-
Township:
-7
S- Range:
-87
W'-------.-
WATER SOURCE: tndividual Wells
sEwAGE DISposAL METHOD: central treatment provided by the Ranch at Roaring Fork
PUBLIC ACCESS VIA:County Road 100
EXISTING ZONING: Agriculture/Residential'iRuralDensity
EASEMENTS: UtilitY Internal
Ditch Internal
TOTAL DEVELOPMENT AREA:
( 1) Residential
Single FamilY
DuPlex
Multi-familY
Mobile Home
(2) Commercial Floor Area Acres
sq.ft.
(3) Industrial
(4) Public/Ouasi-Public
(5) OPen Space / Common Area
TOTAL:
PARKING SPACES:
sq.ft.
Residential
Commercial
Industrial
Number
l3
Acres
85.6
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ST. FINNBAR FARM SUBDIVISION
PreliminarY Plan
INTRODUCTION AND BRIEF HISTORY
The st. Finnbar Farm property was purchased by st- Finnbar Land company in 1989'
Discussions with the Ranch at noarL! Forr (Ranch) were initiated in 1990 in an effort
to secure sewer treatment services frJm the Ranch' After two years these efforts
proved unsuccessful, and in 1993 "
pi"iirinary subdivision plan with individual' on site'
engineered wastewater treatment systems was.presented and reviewed by Garfield
county for the property. The pranni;g;il Zoning commission rejected the pran using
individual disposal systems requestini that another effort be made to reach an
agreement with the Ranch at ioaringtorf for the provision of central wastewater
treatment services'
After nearly three more years of discussions, St. Finnbar Farm Land Company signed a
memorandum of understanding with the Ranch at Roaring Fork Home Owner'S
Association Board of DirectorJin the spring of 1996' The Board of Directors were
committed to promote an approu"f Oy tne g-ene1a1 membership of the agreement with
St. Finnbar. Based on this progress'and ii anticipation of an approval by the Ranch' a
Sketch plan for 14 lots was'submittiO anO reviewed by Garfield County' The five
.
additionar rots were presented in an
"rort
to offset the cost of the central wastewater
treatment facility. subsequently, a vote of the full membership at the Ranch failed to
approve the agreement piesenie+by iil gojrO of Directors. This brought to a close
,!r"irl y"rrr6f negotiaiions with the Ranch at Roaring Fork.
Following the documented rejection by the Ranch, the colorado state Department of
Health acknowledged their *illingn"ti to review a Site Application for a new sewer
treatment plant sit6 at St. Finnbai Farm, if such site were made available to serve a
regional ar"" in.iroing the Ranch at Roaring Fork, Preshana Farm PUD and the
Waldorf School. Over the next several ,onlht St. Finnbar consultants proceeded to
prepare ano process a site Application for a wastewater treatment plant on the st'
Finnbar site but in early November the Ranch at Roaring Fork contacted st' Finnbar
representatives and ofiered to provide sewer service. The Ranch Board of Directors
had held another vote of the full membership of the Ranch at Roaring Fork Home
owner,s Association and had received approval to renovate and expand their existing
facirity and arso to offer service to iimit"o' properties outside of the Ranch boundary'
subsequent discussions have resulted in an Agreement with the Ranch at Roaring Fork
Home owner's Association for the provision of wastewater treatment services'
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GENERALDESCRIPTIoNoFPRoPoSEDDEVELoPMENT
The 85 acre sketch Plan proposes 13 single family lots ranging in size from two acres
to thirteen acres. Only one lot drops below three acres in size. The project has a gross
residential density of 6.58 acres peiOwetting unit' At the suggestion of the Planning
and Zoning Commission during the Sketch Flan review, the Abplicant has provided
adequate capacities of sewer iervice and water rights protection.to accommodate
accessory dwelling units on the ten lots that meetihe minimum size requirements for
accessory units. lt is not known *"in"i
"ny
or all of these lots would apply to Garfield
CountY for an accessory unit'
The main access road (st. Finnbar Drive) is located to provide good site distance along
county Road 100 and to weave its way through the existing cottonwoods and
ponderosa pines. lt is terminated at a cut-de-sac that is slightly over 1'000 feet in
length, 400 feet longer than the county design re.commendation' This extra length is
compensated for by an over sized cut-de-sai radius (70 foot R 9^WI. and an
emergency access easement that connects with county Road 100' The oversized cul-
de-sac allows "r"rg"n.y vehicles to freely maneuver around the cul-de-sac' The
arternative to this design wourd ne a tooping ro_ad that wourd result in greater site
disturbance, a second intersection on Cbrtit, Road 100 and added maintenance costs
for the home owners.
Lots 5 through 13 have building sites located in open meadows and fields' Building
sites for Lots 1 through 4 areoutside of the fierds in areas with greater tree cover. site
design guiderines auirrorizeo by the protective covenants witl diiect the preservation of
trees and vegetation including dead standing trees that do not pose a safety hazard'
All building envelopes are located outside oiwetlands and outside of the 100 Year
Froodprain. prattel buirding enveropes which.must contain ail buildings both residential
and agricultural average .9 of an acre in size but represent only 14 percent of the total
site. Lots 5 through 11 and Lot 13 have adequate size and pasture area to be allowed
a limited number of horses ano "orpatible
livestock. All building envelopes are set
back approximately 20 to 40 feet trom tne defined wetland edge to assure the
pti".ii6n of the wlflands. The wetland edge as verified by the Corps was survey
located such that it can be relocated accura-tely if necessary during design or
construction of a home.
Much of the value of the property lies in its vegetation, wateMays and wildtife' To
allow all residents to fully enjoy tnlt" lualitieJ, a large area of the site' 39%' is
branketed with a common use open space easementl onry minimal naturalistic trails
are anticipated within the easement area. special management gu.idelines included in
the protective covenants will "..rr" in" pt"."rvation of the present qualities of this
area. The elimination grazing from the common use easement area will allow the
naturar revitarization of these areas. The projects commitment to the preservation of
the site is reflected in the fact thai-86 per;eni of the s
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building envelopes.
Statement of lmpact on Lakes and Streams: The Roaring Fork Rivel.'.nd Blue Creek
are not expected to be negatively impacted by the propoigd residential activities' All
construction is confined to uprand areas outside of the 100 year Floodplain except for
Lot 6 of which a portion of the buirding enverope extends into the 1oo-Year Floodplain'
Livestock grazing will be restricted to-the exisiing upland pasture area: thereby
removing current livestock grazing from the wefllnd areas. This will allow the wetlands
to recover their full biotic healtn and density. The extensive weflands will serve as a
natural cleanser of storm water runoff fromihe residential sites and pastures' lrrigation
water historically applied to the pastures will continue to be utilized for irrigation on the
site under the management authority of the St' Finnbar Farm home owner's
association. This will assure the maintenance of upland areas in a healthy vegetated.
condition which minimizes erosion. wastewater effluent form residences will be piped
to the Ranch at Roaring Fork treatment plant thereby removing any risk to the Roaring
Fork alluvial aquifer.
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ST. FINNBAR FARM SUBDIVISION
RELATIONSHIP TO THE ROARING FORK VALLEY COMPREHENSIVE PLAN
The following describes how St. Finnbar Farm is in general conformance with the new
Garfield county comprehensive Plan for the Roaring Fork valley as identified by
Section lll Goals, Objectives, Policies and Programs of the Garfield County
Comprehensive Plan dated September, 1994'
Section lll-1.0 Public Participation
Goal: An integrat pa@e planning is the opportunity for citizens to be
involved in atl phases of the planning process'
As described earrier the st. Finnbar Farm subdivision has been the subject of previous
Garfield county land use reviews including sketch plans, preliminary plan and
floodplain special use permit. The prolect-proposai has been reassessed and in some
areas modified as a result of the public process'
Section lll-2.0 Housing
Goal: To ensure tne arait{Onity of housing including affordabte housing in the County
where in short supply, subiectio regulatiins, which-ensure safety, appropriate site
desrgns, ,o*p"tnitity, and protection of the natural environment'
This goal statement commits the county to ensure availabitity of housing including
affordabte nousiigl, not iust affordable irousing. St. Finnbar Farm will offer large'
gracious single t""rify loG that will support homes that will be compatible with
residences in the suirounding existing and proposed developments' The natural
riparian areas of the site are pr"r"*Jd with building sites located in upland meadows
and set back from wetland edges. The residential experience at st' Finnbar Farm is
unique because of the waterways and riparian vegetation existing on the site' Although
st. Finnbar residences will likely be in the upper segment of th9 residential market due
to this uniqueness, it wiil have some trickre-down elfect in the rocal residential real
estate by making it possible for some residents to upgrade froma lower value dwelling
and so on ultimately opening up residential purchasJopportunities in the lower price
range markets. To offer a pioO'uct in the lower price range market on the St' Finnbar
Farm site would require a significant increase in residential dwelling density'
Section lll-3.0 TransPortation
Goal: Ensure that the county trafrportation system rs safe, functional, appropriately
designed to naiite existing and fuiure traffic fevels, and inctude.s opfrbns for the use of
*oi"t other than the single'occupant automobile'
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The traffic from St. Finnbar will have moderate impact on the county road syste'l A-
,rpiitv of the traffic impact is anticipated to be on the less than a half mile stretch of
County Road 100 between the entry and the channelized intersection on Hwy 82' -The
remaining traffic would travel County Road 100 to Carbondale. Also, at the Hwy 82
intersection is a RFTA Bus Stop and parking lot making access to. public transportation
quick and convenient. lt would seem, glven the less than normal impacts on county
roads, that St. Finnbar Farm will pay iiiequitable share of the cost of maintaining the
county transPortation sYstem.
Section lll-4.0 Commercial and lndustrial Uses
Goal: Commerciat: Oartie4 Coint1 *',tt enrorrrge the retention and expansbn of
convenient, viable, and compatible commercial devetopment capable of providing a
iide vaiety of goods and services fo serve the citizens of the County'
No commercial uses are ProPosed.
Section lll-5.0 Recreation and Open Space
GOAL: Garfietd County snoud prouiA" aa"quate recreational opportunities for County
residents, ensure r"rr", to public lands consrstenf with BLM/USFS pofibies, and
j nr" *i existing recreation al opportu nities and im pofiant visual conidors'
The large, spacious lots, river access and common access to natural areas will meet
many of the recreational needs of the development residents. st' Finnbar Farm does
not control access to any public lands'
Section lll-6.0 Agriculture
Goal: To ensure that existing agricultural uses are allowed to continue in operation, and
compatibility rssues are addressed duing proiect reviews.
At least eight of the fourteen lots will be allowed livestock and will be required to
continue iiigation of the existing pasture areas on their lots. lf there is excess
irrigation water after the construction of homes and drives it may be possible to expand
irrilation to areas that have historically not been irrigated.
Section lll-7.0 Water and Sewer Services
Goal: To ensure tn"@le, dependable, cost effective, and
environmentatty sound sewer and waterseryices for new development'
The proposed lots will be served by a central wastewater treatment system. lrrigation
water historically used on the site will remain on the property under the administrative
jurisdiction of thl home owner's association. Domestic water is readily available by
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domestic wells from the Roaring Fork alluvium as is described by the project water
engineer. water rights protect'ron of the domestic water supply will be through
coitracts with the Basalt Water Gonservancy District.
Section lll-8.0 Natural Environment
G""L Ga,f*td counw'tlt encourage a tand use pattem that recognizes the
environmentat sensiivity of the lan-d, does not overburden the physical capacity of the
land, is in the best inteiest of the health, safety and welfare of Garfield County'
The design of St. Finnbar has been carefully tailored around the environmentally
sensitive areas of the site. Wetland areas *"t" again identified in the summer of 1997
and then verified by the corps of Engineers. Building envelopes will be setback from
the wefland edge and guideiines estiblished by protective covenants will further assure
protection of thL wetlaids during the development of the individual home sites' Two
driveway crossings are the only proposed permanent disruption of the wetlands' Utility
crossings will teriporarily distuib some weiland areas. These crossings will require an
"pprouif
by the Corps oi Engineers. The building sites as proposed in concert with the
recommendations of the Division of wildlife shouid create minimal disruption of wil.dlife
at the site and could result in the enhancement of habitat for some species' The site
has historically been grazed by horses and cattle. The subdivision will eliminate
grazing from most of the wetland areas.
Section lll-9.0 Natural Resource Extraction
Goal: Garfield Cornty ,"rogrir"s that under Colorado law, the surtace and mineral
inferesfs have certain legal rights and privileges, including the right to. extract and
developfhese rnferesfs. Fuihermore', privaie property owners also.have certain legal
rights and privileges, including the righi to have thte.minerat estate developed in a
reasonabte manner and to have adierse land use impacts mitigated'
Most of the St. Finnbar Farm site is underlain with gravel deposits but the extraction of
these deposits would have significant environmental impacts'
Section lll-10.0 Urban Areas of lnfluence
Goal: Ensure that devetopment aN oreratt land use poticies occuning in the County
that wilt affect a municipatity are compatible with the existing zoning and future land use
objectives of the appropriate municipality'
st. Finnbar Farm is not located in the urban area of influence of any municipality'
Section lV METHODOLOGY
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: This section
O ribes tne Cornprenensive Plan and Land Use Maps "as the foundation for
subsegue nt zoning or subdivision regulations that implement the goals and policies
develo,ped by the-Plan". lt further stites "that the County Comprehelsiue Plans are
iarirory on[y, neither tegistative nor judicial in nature, not the equivalent to zoning , and
not binhing ipon the zoiing discretion of any county or municipal legislative body"'
The St. Finnbar Farm site is included on the map titled Proposed Land Use Districts
Carbondale Area following the Methodology Section of the Comprehensive Plan. This
;rapide6tif,es tf,e site as-Oeing in the tow bensity Residential District (10+ acres/
dwelling unit). A review of Table 30 "Proposed Land Use Districts and Methodology"
identifies the criteria by which this classification was determined. Recognizing the
necessarity generalized nature of the comprehensive plan analysis, the following is
offered as a more detailed review of this ciiteria as it relates to the body of information
currently available for the St. Finnbar Farm site.
DEVELOPMENT CONSTRAI NTS
According to this table, a site should be rated as having "Major" constraints to
warrant classification as Low Density Residential'
Slope Constraints: There are no excessive gradient stopes on this site and thereby
should be rated as a "Minor" constraint.
Soil Constraints: The St. Finnbar site is described by the Lincoln DeVore report as
being alluvial gravels with a shallow mantle of silty clays. These soils are not
characteristic of the soils conditions identified oy ifre Comprehensive Plan Soils Hazard
descriptions. The most significant soils related limitation on the site is a potentially
high water table that may iequire de-watering of foundation excavations during
construction. The Lincoln DeVore report does not describe the site as being prone to
soils hazard and at most would be rated as "Minor"'
ISDS Constraints: The high water table and rapidly percolating gravels would be
considered as a "Majo/' clonstraint upon the use of lndividual Septic Disposal System.s'
This constraint is completely mitigated by the collection and treatment of wastewater in
the central treatment plant it tn" R"ncn Lt Roaring Fork. Under these conditions this
constraint should be listed as "Minor".
Floodplain Constraints: Portions of the site are within the 100 Year Floodway and
Floodplain according to FEMA studies and mapping. These areas are obviously a
hazard and are avoided by the proposed deveiopment plans. The only areas of the site
proposed for residential construction are outside of the floodplain and floodway. Even
if on" assumed there to be inaccuracies in the floodplain analysis, the flooding risk
would be one of shallow sheet flows that should warrant a "Moderate" constraint rating.
Caution would suggest that shallow sheet flows be mitigated by requiring a licensed
engineer to establiih minimum finished floor elevations for all residential structures-
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DEVELOPMENT CONSTRAI NTS SUMMARY:
The review of constraint conditions existing at the St. Finnbar Farm site based
on accurate site specific information yields three "Minor" ratings and one
,,Moderate" rating. This configuration of ratings is characteristic of the Medium
High Density Reiidential Lani Use Classification ( 3-5 acres per dwelling unit),
not the Low Density Classification currently shown on the generalized
Comprehensive Plan Proposed Land Use Districts Map'
I.AND USE CONSIDEMTIONS
The Low and Medium Density designations should rate nothing higher than
Moderate rating in the area of land use considerations.
Land Use Compatibility: South, across the river from St. Finnbar are residential lots of
two to five acres in size. To the north is the Preshana Farm PUD which is of higher
density than is proposed by st. Finnbar. To the west are the open space areas of the
Rancn at Roaring Fort and to the northwest, the developed area of that residential
project Across 6ounty Road 100 to the east is the agricultural operation of Blue Creek
Ranch. Residentiat nuitOing envelopes in the St. Finnbar site are proposed to be 200
feet or more from the Counfu Road iOO rigf,fof-way. Located between a ]and use and
a pUD zoning of equal or higher density and buffered otr the west by its own open
space, the proposed St. Finnbar development does not represent a significant contrast
to or impact upon the adjacent existing and proposed land uses.
Road Conditions: County Road 100 adjacent to St. Finnbar Farm has recently been
renovated and asphalt plved. This strltch of road back to Hwy 82 will receive the
gieatest impact from traffic originating from St- Finnbar, possibly 100 trips per-day' The
Iemainder of St. Finnbar traffiC impacls, possibly 40 trips per day, will be on County
Road 100 back to Carbondale. Due to the relatively low trip generation of the St'
Finnbar development and the excellent condition of County Road 100 in the area
receiving the gieatest impact, there should be minor concern for impacts on county
roads.
lnfrastructure Needs: St. Finnbar sewage will be treated by the wastewater treatment
plant at the Ranch at Roaring Fork. The Ranch is currently in the permitting process
required preparatory to renoiating and expanding their existing plant. St. Finnbar Farm
Subdivision will contribute to the cost of this expinsion with no financial impacts on the
existing community. Domestic water will be provided by individual wells and historic
irrigation water wili continue to be used on the site for irrigation purposes. Fire
prjtection water will be available on site from a constructed infiltration gallery. This
iacility will allow the Fire District trucks to pump fire protection water directly from the
shallow water table at the site.
Distance from Urban Uses: With the exception of the services at the Catherine Store
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which offers gasoline and convenience products, the st. Finnbar site is approximately
five to ten minutes, either up valley or dbwn valley from urban uses and the associated
commerciar services. This factor is iateo as bein! of "Minor" concern for both the Low
and Medium Density Residential classifications'
LAND USE CONSIDERATIONS SUMMARY:
The nature of the proposed development in relationship to land use
considerations would'qualify the Si. FinnUar Farm Subdivision as being
compatible with, at the least, the Medium Density Residential.(6-9 acres/ du)
land use classification and ,"ry tir"ly consistent with the Mediur/High Density
Residential(3.5acres/du)landuseclassification.
SUMMARY OF 1AND USE DISTRICT CI.ASSIFICATION REVIEW
utiti=ing the methodology identified by the comprehensive Plan and data
#d,f;;'in" s'i.'HnnbIr site it is oui conclusion as presented in the above
- - -^ -:-^^t., ^l^-i5a:l#ddr,in"i,il st. Finnbar proper$ would. P: rnol: iPp:R'11-:ly, giil:l-?:,'
tffiffihiign ii*io"ntiat Disiri.t ts-5 acres/du) or Medium Density Residential
District (6-9 acres/ du).
COMPREHENSIVE PLAN CONFORMANCE
It is our conclusion from the above review of the goals ado-nt3!.by the
Comprehensive Plan that tne pioposed St. Finnblr Farm Subdivision to be in
general conformity with the goals'section of the comprehensive Plan'
The above review of the Methodology Section of the Comprehensive Plan
clearly shows the St. Finnbar Farm lite atong with the proposed mitigation would
qualify for a Mediun/High or Medium Density Residential District classification
and should not be bound by the Low Density Residential District classification
shown on the Proposed Land Use Districts map'
we represent that the herein site specific analysis of the st- Finnbar Farm site
and proposed development utifizing the criteria ano methodology established by
the Comprehensive Plan conclusivlly shows the project to be in general
conformance with the Comprehensive Plan'
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ST. FINNBAR FARM SUBDIVISION
SUBMITTAL REQUIREMENTS
Section No.
Comments
Section 4:50 A:
Topic Location where information may
be found in APPlication.
Name of Subdivision Plat Drawing - Sheet 1
St. Finnbar Farm Subdivision
Section 4:50 B, C, D, E: MaP lnformation Plat Drawing - Sheet 1, 2 & 3
section 4:50 F: Adjacent Propefi owners Plat Drawing - sheet 2 & 3
propefi owners of record within 200 feet of the subdivision as found in the
Garfield County Assessor's Office are shown on the Plat Drawing and are also
listed in this aPPlication.
Section 4:50 G: Street & Lot LaYout Plat Drawing - Sheet 2
Primary access is provided by an approximately 1.,000 foot long road terminating
in 65 foot radius cul-de-sac. This taige radius will allow for the free movement of
emergency vehicles. Two secondary common access driveways extend from the
cul-de-sac to serve individual lots. An emergency access easement is provide
from the cul-de-sac back to County Road tOb. fne thirteen lots range in size
from2.7 acres lo 12.2 acres.
Section 4:50 H: ProPosed Easements PlatDrawing-Sheet2&3
Easements are proposed for atl access drives, utilities, irrigation and drainage
and for common use open space areas.
Section 4:50 l: Lot Setbacks PlatDrawing-Sheet2&3
All buildings must be located within the envelopes as shown on the Plat'
section 4:50 J: Land use summary Plat Drawing - sheet 2 & 3
The proposed subdivision contains thirteen single family lots. Ten of these lots
are large enough to meet the county requirements forln accessory dwelting unit' lt is
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not known if any or all of these lots will ever apply to Garfield County for an accessory
unit. The appliiant has provided water rights'protection and serve service capacity in
amounts adequate to serve these accessory units.
section 4:50 K: Topographic contours Existing conditions - sheet 5
Existing s1e conditions with the subdivision layout are shown on this exhibit'
Section 4:50 L: Open Space Plat Drawing - Sheet 2 & 3
A common use open space easement encompasses the majority of wetland
areas on the site and allows for the benefit of the residents within the
subdivision. No improvements are proposed within the open space areas except
naturalistic trails. There will be no lot line fencing or grazing allowed in the open
space areas. The open space easements are also identified as drainage
easements to assure that the natural drainage patterns of the site are not
interrupted. A Colorado Division of Wildlife public fisherman's easement is
proposed along the bank of the Roaring Fork River'
Section 4:50 M: Public Dedication
No land is proposed for dedication to the school district or the public. A cash in
lieu of land payment will be made to the school district in accordance to current
Garfield CountY PolicY.
Section 4:50 N: Roads Drawings - Sheet 6' 7 & 8
All roads and drives are designed to meet Garfield County Roads Design
Standards.
Section 4:50 O: Existing Easements Plat Drawing - Sheet 2 & 3
An existing power line easement that terminates within the property will be
abandoned and the existing overhead power lines removed.
Section 4:60 A: Dedication of Public Sites
No property is proposed for dedication to the public. Common use elements are
provided for through easements as shown on the plat'
Section 4:60 B Phasing
All common services will be constructed as one phase.
section 4:60 C: Access to Public R.o.w. Plat Drawing - sheet 2 & 3
Access to the property is from County Road 100'
Section 4:60 D:Off-Street Parking Application Form
Each lot will provide a minimum of six off street parking spaces'
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Section 4:60 E:Hazardous Areas Attachment A
No soils or topographically hazardous conditions exist on the site.
Section 4:60 F:Radiation Attachment A
No unusual radiation hazard exists on or near the site'
Attachment GSection 4:60 G:
Section 4:60 H:
Not required.
Title Commitment
Survey Worksheet
Section 4:70 A: GeologY Attachment A
The Engineering Geologic & Soils Report was originally prepared in 1978. The
geologic and soils data collected at that time is still applicable today.
Section 4:70 B: Soils Attachment A
Ground water presence during construction of foundations and underground
utilities was identified as a condition requiring mitigation during the construction
process.
Section 4:70 C:Vegetation Attachment B
Existing Conditions - Sheet 5
Jurisdictional Wet. - Sheet 4
lncluded in the application is a letter from the u.s. Army Corps of Engineers
confirming the verification of wetlands per the Jurisdictional Wetlands Map.
Applicatioin has been made for a nationwide permit allowing the crossing of the
identified wetlands with driveways and utility lines. No other construction is
allowed within the wetlands. All wetland edges are of survey record'
Section 4:70 D:
project representatives met with the Division of Wildlife Area Manager on site
thisspring and discussed the issues that had been raised during the Sketch
plan review. As a result of this meeting separation between building envelopes
and the wetland edge was doubled or nearly doubled on five lots that were
adjacent to the most sensitive wetland areas. Fencing design standards
inctuding perimeter fencing will be included in the projects protective c.ovenants
to allow for the safe movement of wildlife. A fisherman's easement will be
provided along the bank of the Roaring Fork River.
A wildlife management manual will be developed to encourage the enhancement
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of wildlife habitat by the subdivision residents and to promote a compatible
relationship between residents and wildlife. A draft of this manual is currently
being prepared and will be provide for county review upon completion.
Section4:80A-D:Drainage Attachment C
Drawings - Sheet 12
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The drainage report identifies that all building envelopes except for Lot 6 are
located entirely outside of the 1O0-Year Floodplain. A portion of Lot 6 is located
within the tg0-year Floodplain but outside of the 1OO-Year Floodway. Within
the Lot 6 building envelope there is adequate space for a residential structure
without enteiingihe area of the 1gg-year Floodplain. lf an owner of Lot 6
desires to builjwithin the 100-Year Floodplain, it will be necessary to process a
Special Use Permit with the County to assure that appropriate engineering
criteria is utilized in the design and construction of any facilities within the
floodplain.
An application for special use permit is currently in process with.Garfield County
for the crossing of ti.re 1gg-Year Floodway by diiveways and utilities. The permit
review will be lompleted prior to the final review of the preliminary plan'
Section 4:91 A - E: Water Supply Attachment E
Domestic water will be provided by individual, on lot wells' A Basalt Water
conservancy District contract have been acquired to provide water rights
protection for the wells. Quality and quantitydata for a test well drilled on the
site is provide in the Water Sufiply Report. Fire protection water will be provided
by a dry hydrant that allows fire'trucks to pump water directly from ground water'
Section4:92A-E:Sanitary Sewage Attachment D
Drawings-Sheets 9,10 &1 1
Central wastewater treatment service will be provided by the Ranch at Roaring
Fork Homeowners Association. lncluded with this application are a limited
number of copies of the agreement between the Ranch at Roaring Fork and st'
.
Finnbar tanO Company thlt provides for sewage treatment services' The Ranch
at Roaring Fork is in the process of remodeling and expanding-its existing
treatment facility. CarfieiO County has approved the Ranch's Site Permit
Application to the State Department of Health. The Ranch has also agreed to
piovide limited service from their existing facility as available capacity allows'
Section 4:942 Trip Generation Calculations
The subdivision site is not located within a designated area requiring road
imPact fees.
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ATTACHMENT A
LINCOLN DEVORE GEOLOGY/
SOILS REPORT & SCS SOILS MAPPING
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LincolnDeVore
1000 Wesl Fillmore St.
Colorado Springs, Colorado 80907
(303) 632-3s93
Home ollice APril 4, L97 9
Land Design
Village Plaza, Suite 208
Glenwood SPrings, CO 81601
Attn: Ron Liston
Re:GEI{IERAI & ENGINEERTNG
-r& GEOLOGY & sorls
ST. FINBAR PROPERTY
GARFTBLD COtNflr, coLoRADO
RespectfullY submitted,
LINCOLN.DCVORE i",-*N I,ABORATORY' INC '
Robert L. Bass
Civil Engineer
By:
Professional Geologist
RLB & MIlI/vtu
LDTL Job No. GS-987
t)cl4
George D.
Gentlemen:
,Iransmitted herewith is a report concerning the general and
engineering geology and soils of the proposed development
Iocated at the St. Finbar Property, in Carfield County' CoLorado'
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fti6blo, Colo 810O3
rJ3O3) 54Sl l50
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P.O. Box 1427 109 Rosemont Plaza
Glenwood Springs. Colo 81601 Montrose. Colo 81401
(303) 94$6020 (30s) 24s-7838
P.O. Box 1882
Grand Junction, Colo 81501
(303) 242-8968
P.O. Box 1643
Professional Engineer
Y' l4{'.{u(2.L./\<'JW \ 'ruihtrael T. Weaver
Rock Sptittgs. Vfyo 82901
(307) 382-2649
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INTRODUCTION
The content of this r.ePort is a
geological site evaluation and subsuaface soils investigation
with engineering recomrnendations fox a L42 acre parcel of
land located in the west half of Section.3L Township 7
south, Range 87 West of the 6th Principal Meridian, Gar- '
field county, colorado. The site lies betrveen Highway 82
and the Roaring Fork River, just south of the catherine
store. A 52 acre tract along Highway 82 is proposed to be
left as meadow and pastureland and the rernainder of the site
to be subdj-vided into single and/or multiple family dwellings'
It is our understanding that central water supply and
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septic disposal are Lo be supplied to the property by an ex-
tension of the system at the Ranch at the Roaring Fork.
Vegelation consists of large
cottonwoods along braided stream drainages vrith many willows,
elms and oak. Mountain grasses, shrubs and other Iow herbals
are abulrdant. The site is preclonrilaEely level and con-
sists of Lerrace and river allr.rvial deposits of Ehe Roar-
ing Fork River. several clrainages and irrigation dit,ches
cross the site in a westerly direction.
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GENERAL AND ENGLNEERING GE-OLOGY
The ProPosed develoPment area
Iies primarily on the floodplain of the Roaring Fork River'
I'he potential for flooding has ltlready been addressed by
another firmi a hydrologic study was completed and a
protect,ive berm was ProPosed to protect t'he majority
oft,hesj.tefromthefloodinghazard.Nobecrockout-
CroPsonthesit,e,whichiscoveredbyalluvialsandsand
gravels lqal) and terrace deposits (OE) ' outcrops -in the
vicinity of the site., however, indicate the underlying
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formation to be the permian Age Bagre varley Evaporite (pev),
(see figure 1).
..r* No stabilitY Problerns such as
Iandslides, debris flows, rockfalls' or soil creeP exist
on this site. No unusual soi1 hazards were encountered and
detailed su]:surface soils information wiII be discussed
Iater in the rePort-
Gri:un,Jwater was errcounEered .in
sr:vr:rzrl tes.L 1:its excavattr:cl on the sj-Lc an'l varied j'n dept?r
frorn 3 feeE to 7 feel- from l-ir,: <.Jround surface. Running
surface water was observed in all drainages t'hat crossed
the site. several natural clams and ponds \^/ere also noted'
This high watei table will probably rise as runoff increases,
ancl rnay presenE a constructj'on problem in some }ower areas '
No unusuat racliaLion hazard exists
on or near this site. lrtre seismic risk is assigned to haz-
ard zone I, in section 23L4 of the uniform Building code'
This is a regional risk and nct specific to this site'
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The sands and gravels Present,
on this site represent, an extractable mineral resource,
however, with the tremendous amounts of gravel present through-
out the Roaring Fork Valley, removal of this deposit from
the over-all resource should not prelude the proposed develop-
ment.
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ll15'I' ljIIb. lrtl,U\,,I(.I\.IUr'(L'laiSIi):--- -.
Ten test pits were excavated on
this site at locations indicated on the enclosed Test Pit
Location Diagram. These Eest pits were placed in such a
manner as to obtain a reasonably good profile of the sub-
suxface soils. Wtrile some variation was.noted from point
to point the substrrface Profile encountered was judged
sufficiently uniform thaL no further test pits were deemed
necessary. AII test pits were e:<cavaLed with a hydraulic
backhoe. Samples were taken by bulk methods-
fhe soil profile encounbered on this
site can broaclly be charactetLzed as a tvro la1rer system.
fhe upper layer oF#his system consisted of a reddish brown
silty clay material rvhich was in generally lovr der:sity,
high moisture conclition. The second layer consisted of a
coarse grained poorly graded gravel which conta.ined numerous
cobble and boulde.r size<l particles. This coa.rse grain
matei:iaI is rcp:'esentative o:E Lhe alluvial river terrace
rJeposiE, of th:: I1c.rrin,1 lror]<- F.irrer- A t]:irr velleer oi organic
topsciL matc-r'i a'1. lv.:.s eitc3t.rnLe::e.J at the .J-r:c,trncl su::face acrosS
the majo.rity of this site.
t'he salnples obtained during our
field exploration program have been grouped into two soil ,.
types. These Lwo soil .types are rePresentative of the
respective layers of the previous'ly described two layer
soil profile. More precise engineering characteristics of
these two soil types are g.iven on the enclosed sumrnary sheets.
The following discussion will be general in nature.
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SoiI TYPe No. 1 classified
as silty clay (CL/ML) with a considerable portion of sand
size particles. Generally, this material is slighEly pl6stic'
of low permeability and was encountered in a low densityt
highmoisturecondition.Intheconditioninwhichthis
material was encountered, it should not, have a significatrt
tendency to expand upon the addition of moisture' It' will
however, have a distinct tendency to long-term consolidaLion
under load. Addit,ionally, this material wilt have a verY
lowbearingcapacit'yvalue'Itwasencounteredinarel-
atively thin layer across the site however, and it is reeom-
mendedthatfoundationpenetratethroughthissiltyclay
maEerial and rest'tn the underlying alluvial gravels' SoiI
flrpe No. I contains sulfates in detrimental quantiEies'
Soil TYPe No' 2 classified as
a poorly graded gravel (GP) of coarse grain size' This
material contained numerous cobble and boulder sized par-
ticles which obviously cannob be accuraLely represented
on the enclosecl grain slze curve' Generally' Lhis material
is non-plaslic, penneable and was encountered in a moderate
density condition. rt wirl have no tendency to expand upon
the addition of moisture, nor. any tendency to long-term
consolidation under load. Granular materials such as this 1
often do exhibit, settle:nent upon application of foundat'ion
stresses or vibration, but if maximum allowable bearing
capacity values are not exceeded, and balancing and rein-
forcing recommendations are carefully followed, it is not
felt that settlement, of this material will creaEe any Pro-
blems. At any rate set,tlement will be fairly rapid and will
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probably be complete by the end of construction. Poundations
resting on the materialdsoil Qrpe No. 2 may be proportioned
on bhe basis of a maximum allowable bearing capacity of 3000
psf , with no minimum Pressure required. Soil Tlrpe No. 2
was not found to contain sulfates in detrimental quantites.
As has been Pt"rrio,r"IY mentioned
in this report free water was encountlred in several of the
test borings, dt depths ranging from 3 to 7 feet beneath the
ground surface, at the time of excavation. This free water
level is the resulE of the presence of the Rcaring Fork
River, of numerous ditches located on the site, and of local
seepagie and runoff. The free water level can be expected to
rise from the .turrttions encountered during wetter seasons
and could conceivabty rise virtually to the ground surface
in some locat.ions on this sj-te. The Presence of free water
will require special consideration in the desigu and con-
struct:ion of foundations. Basement Lype f oundations are
nOt reconunenclecl ancl aII floors of structures should be con-
strucLed weII ab.trre the finished exterior ground surface.
Dewal-ering Lechniques may be required in the insta.l-Iation
of foundations.
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CONCLUSIONS AND RECOMMENDATIONS
Since the magnitude and naLure
of Ehe proposed foundation loads are not precisely known
to the Laboratory at this time the reconr-'nendations conEained
herein musb be quite general in nature. Any special loads
or unusual design conditions should be reported to the Lab-
oratory so that changes in these recommendations may be made
if necessary, However based upon oLlr analysis of the soil
conditions and project characteristics previously 6utlined
the following recomlnendations are made.
It is our recommendation that
shallow foundati-on systemsconsisting of continuous foundations
beneath bearing wa.U-s ancl isolated spread foot,ings beneaLh
columns and other points of concentrateC load be used to
carry the weight of the proposed structures. The presence of
shallow ground water rvill necessitate special consideration
in foundation clesign and this rvill be cliscussed in this
sectj-on. Founrlatj-ons rvhich r:cs;L on t-hc ;rlluvial gravels of
SoiI 'l'y'Je llo. 2 niirlz be 1>rc:port-ioned r)n tlir: barsis of c1 nla;iirou;r'
allowable bearing capacity of 30CO psf with no minimum dead-
Ioad pressure required. The ]:ot,tonts of foundat,ions should be
Iocated a minjmum of 3.5 f eet below fj-nished grade or greater
if dicated by local building codes, for frost protection. ,
Obviously the presence of ground
water at a relatively shallow depth wiII create difficulties
in the installation and performance of basement type found-
ation SyStemS. Therefore, basements are not recommended for
this site. A crawl sPace tyPe frame floor or a slab on grade
could be used on this site providing special precautions
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are taken. If a crawl sPace type foundation is used it is
recommended that, the interior of the crattl space be bacl<filled
to an elevaEion equal to or greater than the finished exterior
grade in order to minimize the possibility for sEanding water
in the crawl space. It rvould then be necessaxy of course, to
construct the floor a sufficienE, dist,ance above this baclcfill
to provide access if required, and t'o satisfy any building
codes requirements.
If a slab on grade type of foundation
is used the floor slabs should be placed above a capillary
breal< consisting of a clean compacted gravel layer of aPprox-
imately6inchesinthickness.Itj.srecommendedthat,the
bottomoftlriscapid.larybreal<layerbelocatedatorabove
the finished e:<terior grade erevation. The capirrary breali
should be p.rovided with a free drainage or-rtlet to the exter-
iorsoasnor-toserveaSawate.rtral)beneathtlrefloor
slabs. A vapor barrier is recolNnendecl beneabh all floor
slabs between the slab and tlr'e capilla.ry break'
lloor s1ai:s sirould be con:;trurcl-ed
in suclr a lnarrner Lh,r[ they acl- inclepeircleretiy of colutnns and
bearing walls. AdditionalIy, concrete floor slabs on grade
shoulc]beplacedinsectionsnogreaterthan25feetona
side.Deepconstructionorcontract.i-onjointscouldbe.
placed at these lines to facilitate even breakage. This will
helprec]uceanyunsighttycrackingwhichcouldbecaused
from differential movement of slabs. It is recommended thaE
anytopsoilmaterialandanyofthesoft,siltyclaysofSoil
$rpe l{o. I which are located in the slab area be complet,ely
removed and replaced with a suitable backfil.I compacted t'o
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at, least gS% of the ma><imufiI sEandard Proctor dry density'
ASTI'4 D-698.
IE is recommended that the Pro-
posed founclati.on systems be well balanced. Exterior bearing
wall pressures should be balanced to within 't 50o psf around
the entire structure. IsolaLed interior footj-ngs should be
designed for unit loads of about 200 psf less than the
average of those selecEed for the exterior walls.
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teria for;.this balance will depend somewhat uPon the nature
of the structure. single-story slab on grade structures may
be balanced on the basis of deadload only. Other types of
structures should be blancecl on the basis of deadl0ad
plus approxima';ely -tne-half the Iive load '
AnY stemwalls for continuous
footings should ):e designed as grade bearns capable of s.:.lan-
ning at least L2 feet. The horizonLal reinforcemenE requir-
ed for ttris design shor-rlcl br: plzrced continrrou:;Iy around
hhe br-ril.iling r.rith no g.1i):i o;': breail,; i;t Lire re:Lnfcrcing st-eeI
ur:lless :;pec.ia.L1y ,-1;::ign,:d. Ll()a,is shoLilcl lJe .re'lnforced aE
both top and J:ottom rvith the majority o1= the rcinfcrcelr'ent
being locatecl at the boLtom of Ehe beam. where sLetnvralls
are placed beneath interior foundation loacls they should of
course, be designed according to the criteria given above 1
and should be rigidly inEerconnected r,rith the exterior
foundation walIs.
Adequate drainage must be Pro-
vided in the foundation area both during and afEer con-
struction to prevent the ponding of waLer. The ground
surface around the building should be graded such that
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surfacel'raLerwillbecarriedquicklyah'ayfromthestructure'
ltinimumgradientr^libhinl0fectofanystructurevlilldepend
upon surface landscapirlg' Bare or paved areas should have
aminimumgradientof2%,wliilelandscapedareasshouldhave
a minimum gradienb of 5%' Roof drains ' Lf used' should be
carriedacrossallbackfilleclareasanddischargerJwell
awayfromthestruct.ure.TheoveralldrainagepaEternshould
be such t'at water dj'rected away frorn one structure is not'
direct,ed against an adjacent sLructure'
The Presellce of grourld water
at shallow depth may create some difficulties in the in-
st,allation of foundations and dewatering techniques may
be necessary' 'iypr€al dervatering techniques would include
welI points, drainage ditches' sump pits with Pwnps' and
deepwells.Probal:Iytlremostpractica}devlateringsysterr
for this particular site "+ould be the use of sulnp pit's
wlthpulnps-Basic;rllythisr'roul''linvolvr:1:lac:Lngseveral
pitso::Iow,area..jini:.!refoui:rc]:rtj.on.rcgionandt.Irenretnor'ing
water fi:o,n thesl,: pits bT pr-rrripin,;. 'rir,: nuurirr-:: aatf size of
sunppitsrequrire'ltoi:anygivetl:;tructrtt:r:andLirenecessary
capacity for pumps are dependent uPon many factors and are
beyond tire scope of Ehis report' Regardless of t'he bype of
dewatering sysLem used' it will be necessary to remove the '
waterfrcmtheexcavation.forsufficientperiodsoftimeto
perrniEproperg.radingofthefooundationsoil,placementof
concrete and placement of backfill around foundaEions'
BaclcfiII around the proposed stru-
ctureandinut.ilitytrenclresleadingtothestructureshou}d
becompactedtoaEleastgtr/"oftlremorimumstandardProctor
drydensity,Asfr'lD-698'Backfillontheinteriorofthe
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structurewlricfiwall.I)e}ccatreol)erreacnrJ.oC)rslat,sstrou
be compacted to at, Ieas t g5% of the rnaxirnum ProcLor dry
density.Thenativesoilsontlrissitewitlbesuitable
for this backfill, with the exception of any topsoil
materj.alsordebris.Backfillshouldbeplacedinlift,s
not,toexceed6inchescornpactedt,lricknessandatamois-
turecontentofapproximatelyequaltotheProctoroptimum
moisturecontent!2%.Allmabeiialinexcessof6inclres
diameter should be removed from backfill prior to place-
menE. Backfilr shourd be compacted to the required density
bymechanicalmeans.Nowaterfloodingteclrniquesofany
tyPeshouldbeusedintheplacementoffillonthissite.
=* AnY toPsoil or debris should be
removed from .t-he construction area p::ior to beginning of
const-ruction of foundat.ions. Adclitionall-y, should any Poc-
lcets of debris, o.rganic materiarl or otherrvise unsuitable mat-
erial encountered aL foundation level' thesc rnateriais should
be removcd and ;eplact>.J v,litir bal:lifill corrpacted co 95% ot Ehe
itia".<imrrm proc5or clry density, usin'3 tire pro':eclures previously
outlined.
be inspected Prior to Lhe
of concrete to establish
has been reached and that
unsuitable materials are
The opcn founCaEon excavation should
construction bf forms o'r placernent
that proPer design bea'ring material.
no debris, soft sPots or other
located rvithin the foundabion area'
The siltY cIaY of Soil TYPe No'I
wasnotedtocontainsulfatesindetrimentalquantities.
Addit,ionally, ground water in this area can be ' expected to
carrysignificantquantitiesofsulfates.Forthesereasons
a sulfate resist,ant cement, such as Tlrpe II Cement is re-
commendedforallconcretewhichvlillbeincontactwith
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thesoil.UndernocircumsEancesshou}dcalciumchloride
ever be added to a TVpe II Cement' in the event that tYpe
II Cement is difficult to obtain a T)rpe I Cement' may be
used providing the concrete is separated from t'he soj-l by
water resistant membranes'
It, is believed that 3L1 Pertinent
poinbs concerning the subsu'rface soils on tllis site have
been covered in this report ' Lf soil types and conditions
otherthanthoseoutlinedhereinarenotedduringconsEruc-
tiononthissite,theseshouldbereportedtotheLaboratory
sothatchangesandrecommendationsmaybemadeifnecessary.
Shouldquestionsariseorfurtherinformationbedesired
please feet free t5 contact the Laboratory'
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GOLORADO: OOLORADO 3PR IIIGS 'pueolo. GLEI{uooD SPRlllGs t
oRAnD iurortor r rollrRosE I
ivoutxo: RooK SPRltlog
LIN COLN
DEVO R E
ENGtilEERg'6EoLo G I 9Ts-f/ ./t)n ltr daa/oP'€tz I
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3/?9/79
LEGEND
Alluvium- sond B grovel
Terroce, l= younger, 2-- oldet
Colluviol wedge- sloPewosh
Colluvium - grovitY t ronsPorled
Londslide dePosit
Alluviol - debris fon
Bosolt
Eogle Volley Evoporite
FARM PROPERTY
coUNTYCOLORADO
2000'
gCALE IN FEET
NMN
u^"
V
40@'
t
ST FINBAR
GARFIELD
PROJECT #GS-987
fi!;;!'i!it,--:jl:.r?i.;iii'i;f:ffi
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Ioton loo rcouonA oo sPR tllGS'
iu iiuo, GLENwooo s PII^G-sr
tiirro-iuxoTlotl , uoNTRosE I
wvortxc: ROOK SPilI9s
-
LINCOLN
DEVO R E
E}IGIl{EER3'
CEOLO G I 9TS
FIGURE I.
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SOILS SYMBOLS 8 NOTES'
SYMSOL OESCRIPflON
9/ta Stondord penelrollon drivo
Numbers indic6te g blows to drive
lhe spoon 12" inio ground.
5f
"-V2"
Shelby thin woll somPle
[J6 Nolurol Moisture Conlent
[Jx Weolhered Moteriol
El Free woler loble
ToNolurol dry density
T.B. - Dislurbed Bulk SomPle
@ soit type reloled lo somPles
in rePorl
Top of formolion
gTest Boring Locolion
EE Tesl Pil Locotion
F+{ Seismic or Resistiviiy Stolion.
Lineotion indicoles oPProx.
lenglh a orienlolion of sPreod
( S = Seismic , R= Resisliviiy )
Stondord Penelroiion Drives ore mode
bv drivino o slondord t.c'split spoon
s6mpler i-nto the ground by dropping o
r4o lb. weighi 3o'. ASTM tesi
des. D - 1586.
Somoles mov be bulk, slondord sPlit
sooon ( bolh'dislurbed ) or 2't/2" l.O.
tnin wsll ("undislurbed") Shelby lubo
somples. See log for lYPe .
The boring logs show subsurfoce conditions
ot lhe dotes ond locotions shown 'ond it ie
nol worronled thol lhey ore represenlolive
of subsurfqce condilions of olher locolions
ond times.
ROCK DESCRIPTIONS,
CONGLOMERATE
SANDSTONE
SILTSTONE
SI.IALE
CLAYSTONE
COAL
LIMESTONE
DOLOMITE
MARLSTONE
GYPSUM
Other Sedimenlory Rocks
GNEISS
SCHIST
PHYLLITE
SLATE
METAQUARTZITE
MARBLE
HORNFELS
SERPENTINE
Olher Melomorphic Rocks
tr.'F,_r I DtORtTtC ROCKS
fiI:,"l ANDESITE
i1""..:l TUFF I ASll Flows
-tttiA
BRECCTA I other Volconics
xxx
xxx
t) 4.)-v'
EXPLANATTON OF BOREHOLE LOGS
AND LOCATION DIAGRAMS
DESCRIPTIONS.
USCS O€SCRIPTNN
Topsoil
-Mon-mode
Fill
GW Well-groded Grovel
GP Poorly-groded Grovel
GM Silty Grovel
GC Cloyey Grovel
SW Well-groded Sond
SP Poorly-groded Sond
SM Silly Sond
SC Cloyey Sond
ML Low-PloslicilY Silt
CL Low-PlosticitY CloY
OL Low-PlosticitY Orgonic
Sill ond CloY
MH High-plosticilY Sill
CH High-ploslicitY CloY
OH High- plosticitY
Orgonic CloY
Pl Peof
GW/GM Well- groded Grovel,
Silly
GW/GC We ll-groded Grovel,
CloYeY
GP/GM Poorly-groded Grovel
S illY
GPIGC Poorly-groded Grovel
Cloyey
GM/GC Silly Grovel,
Cloyey
GCIGM Cloyey Grovel,
Silt Y
S,V/SM Well- groded Sond,
SiltY
Syy7SC Well- groded Sond,
C lo yey
SP/SM Poorly-groded Sond,
Sili y
SP/SC Poorly - groded Sond,
Clo yey
SM/SC Silty Sond, Cloyey
SC/SM Cloyey Sond, Silty
CLIML Silly Cloy
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?'qtot/
6PAoctlt
&zr'tl
4.sY4
,ttltid
*,rs)/y,
Hotf,
t*//-
Sctt/ar"d
le/A4r
1///v/
i//y 4b\
fl /Yo/V
Rd-.A,an:t-
Stad./-@
6P
4or/y
drtlrd
Ar8la(
,4cdt&*t
416;+,.t*?l
)qt'raal/ta
Jetihd
ao46/as
v
? lraaUt/r/
f.t.p:rl.L
x,a.4'r-z
4/ly 4/ty
lofl. Hau
,N'
leadrt
-a
&P
/4a.+
Md
&rtes(
fid,2:t
4,t//y,
il;rl
dc l/-
-{atr/srad1&b/a
Ftd
lrJ
tL
ra.4'l.b
-F
o-
Lrlo
TEST HOLE NO. I
TOP ELEVATION
coLoRAOO! OOLoRADo sPSltlcs '
PUEBLO t oLEllw0oD 3PRlN03 ,
GRANO JUNCTlotl I IIoNTROSE r
wYoMlNo: R00r 3PRltlog
LINCOL N
DeVORE
ENGI}lEERS'
G EO LOG I3T3DRILLING LOGS
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II
lr{
4/{z
@.
ltzdy
t8.
titlo
,)/a25ot t
"".zW/y
4rdd
fui,e1
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*tsi/y,
t{oriy',
c//,//as./* €/tr.J+l, uel
4P
Pa/1
4rald
4rttz /,
//pntai
Z46kr
f e"u/&3
v7 /.a<Uttbr
3P.a/
*bza/.d
fi/S aty,
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-4
-o
-8
F-ut
UJ
-l!
z
-.F
o--rdo
4PldlAadd
a &losfv sr@.
,rzaa' ly'tlcr
9r+raruta/az/Zob&/a€'
/,*o/t"r.
,/dr€.trt
d-496 r(&t/da's
TEST HOLE NO. 4
TOP ELEVATION
COLORADO: OOLORAOO SPRINGS I
PUEELO r 9LElltto0o sPRltlGs,
cRAil0 JUilCTIOfl , m0ilTR09E 'wYoMrlto: RocK 9PRlllGS
LINCO L N
DoVORE
ENGINEERS.
0EoLoo lsT9
v:5?31' LUr*
Saate.
D R ILLING LOG S
l,
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dP
.W/y
*tdd
aevcl
,*Jizz
.e.ti/y.
r{is/,
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letxt*z/
C&//es!
8o*r'lt*
y'opta'I
-@
&){yC/ay
-<.1/ Uef
4'Por/YH.d
tlc//'
Roodd.
aet{a/eees
v: lfra' eb-
-*a7
-<rr+-.*/td
/c,*oi/7L7cbv,
,erfi{
.*.tdY
dP.fur/r
*tdel
&arucl
v: Llc' gtbr
t/a//-A**4
.lctaa*uts
-4
--o
-a
6o36/trrl
&clderg
Flrl
UJt!
-F.Lttlo
TEST HOLE NO, ?
TOP ELEVATION
COLORAOO' COLORADO SPRINGS,
PUEBLO , gLEtlwooo SPRlllGS ,
cRAilD JUNoTlOll , tollTRoSE I
wYourNo: Rocr sPRltlGS
LINCO L N
DeVORE
EllcrilEERs.
OEOLOG I9T3
D R ILLING LOGS
TEST HOLE NO.
TOP ELEVATION
OOLORADO ! OOLORADO SPRITIGS .
PUEELO r SLElllooo SPnltloS ,
GRANO JUllCTlotl I lloNTROSE I
wYoulr{o: Rocr SPRlHos
LINCO L N
DeVORE
ETIGINEE RS'
OEOLOGI9TS
/.t.Uo'Zi.!
/e*,i/@i*J, Z/tu,ili.41
:
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i-- trj6t-
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DRILLING LOGS
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sUMAAARY
Ll NCOLN-DeVOR E TESTI NG IABORATORY
coLoRADo sPRl NGS, COLORADO
t"
Somple
Boring l!o.-f--
Somple No.
Noturol Woter Conient (w) /6'2 o/o
Specific Grovity (Gs) z.za
SIEVE ANALYSIS:
I{o.7o Possing
I tn"
t/2!/oo
100 ?gJ_
200
HYDROMETER ANALYSIS:
Groin size (mm)
1z.o
zo. I
Test No.6-9 -91 7
Dcte -t,/cl,/zq
Test by
ln ''loce Density (r.) Pcf
Flow lndex
Shrinkoge Rotio 7o
Volumetric Chonge %
Lineol Shrinkoge
Plostic Limit P.L- 2l'1 o/"
Liouid Limif L, y- zz.o o/o
Plosticity lndex P.l. /'1 Y?
Shrinkoge Limir zLB o/o
10 ea.z
20 ez'o
4o e ''t'
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MOISTURE DENSITY: ASTM METHOD
Optimum lvbisture Content - v7o o/o
Aioximum DrY DensitY -rd--,ocf
Colifornio Beoring Rotio (ov)--96
Swe ll ' Doys o/o
Swell ogoinst-psf Wo goin 7"
BEARING:
House I Penef rometer (ovl---------.,osf
Unconfined Compression (qu)-Psf.oe
-
.ccC
Plote Beoring:Psf
lnches Settleme
Consolidotion
PERMEABILITY:
under psf
K (ot 20PC)
Void Rqtio
Sulfotes /o4' ppm.
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SOIL ANALYSIS
6o11 Sample ftor* 6dp/ 6rau
ProJ eci- 5/. Ft)nber
-Sample Locatlon r.t'/ 4'o1.o/A
Test No. 4-f'987
oate -y./zz/ze
Test by dEd
tYz" V+"15..1b" # #r0 #2o #4o #rm #zbo - sleve No.
Sample No.z
Speclflc GravltY
I
!.toLeture Content -lO
Effectlve Slze a.4z
o.tb
Plneneas Modulus
L.L. * p.I._JUc._fi
BEANING JZAA PSf
Sieve Size % Passlng
2'L/2" Ar,!
g/q:17./
t/z:I /.9
s/a"1a.Z
32-l-
10
20
40
100 2.+
200 t4
0200
.rcS o.6
Sulfetes
1
I,,
s4.9
GRAIN SIZE ANALYSIS
LINCOLN-DEVORE TESTING IABORATORY
coLoRADO SPRTNGS, COLORADO
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hr+$:i}
ST. FINNBAR FARM
[-,->==. "<''.tLi;;1
h]t-.', ,.. .' :, \'.['1i,.1,..1.1*..-.': .' - .\*:r4Z
:...it
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,:,il.ilii;f.
SCS SOILS MAP
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Aspen-GyPsum Area' Colorado
13-Atencio-Azeltine complex, 3 to 6 percent
slopes. This map unit is on alluvial fans and terraces.
The native vegetation is mainly grasses and shrubs.
Elevation is 5,900 to 6,500 feet. The average annual
precipitation is 15 to '18 inches, the average annual air
temperature is 44 to 46 degrees F, and the average
trost-free period is 105 to 120 days.
This unit is about 60 percent Atencio sandy loam and
30 percent Azeltine gravelly sandy loam.
lncluded in this unit are small areas of soils that are
similar to the Atencio and Azeltine soils but are finer
textured. Also included are small areas of gravel bars.
lncluded areas make up about 10 percent of the total
acreage.
The Atencio soil is deep and well drained. lt lormed
in alluvium derived dominantly from sandstone and
shale. Typically, the surlace layer is reddish gray sandy
loam about 6 inches thick. The next layer is sandy loam
about 4 inches thick. The subsoil is about 10 inches of
sandy clay loam over about 4 inches of gravelly sandy
ioam. The upper 6 inches of the substratum is gravelly
sandy loam. The lower part to a depth of 60 inches is
very gravelly sand. The soil is noncalcareous to a depth
of 20 inches and calcareous below that depth. ln some
areas the surface layer is gravelly or cobbly.
Permeability is moderate to a depth of 30 inches in
the Atencio soil and rapid below this depth. Available
water capacity is low. The effective rooting depth is 60
inches or more. Runofl is slow, and the hazard of water
erosion is slight.
The Azeltine soil is deep and well drained. lt lormed
rn alluvium derived dominantly lrom sandstone and
shale. Typically. the surlace layer is reddish gray
gravelly sandy loam about 9 inches thick. The upper 7
inches of the substratum is gravelly loam. The lower
part to a depth of 60 inches is extremely gravelly sand.
The soil is calcareous throughout. ln some areas the
surface layer is cobbly loam or sandy loam.
Permeability is rapid or very rapid below a depth ol
'16 inches in the Azeltine soil. Available water capacity
is low. The eflective rooting depth is 60 inches or more.
Runoll is slow, and the hazard of water erosion is
slight.
This unit is used mainly for irrigated hay or pasture. lt
also is used for crops, urban development, wildlife
habitat, or rangeland.
lf this unit is used lor hay and pasture, the main
limitations are the low available water capacity and
small stones. Grasses and legumes grow well il
adequate fertilizer is used. Good management helps to
maintain optimum vigor and quality ol lorage plants.
Because these soils are droughty, applications ol
irrigation water should be light and trequent. lrrigation
water can be applied by corrugalion, sprinkler, and
SCS SOILS DESCRIPTIONS
flooding methods. lf properly managed, the unit can
produce 4 tons of irrigated grass hay per acre annually-
This unit is moderately well suited to irrigated crops'
lf turrow or corrugation irrigation systems are used, runs
should be on the contour or across the slope. lf properly
managed, the unit can produce 70 bushels ol barley per
acre annually.
The potential plant community on this unit is mainly
western wheatgrass, lndian ricegrass, needleandlhread'
big sagebrush, and Douglas rabbitbrush. Nevada
bluegrass, prairie junegrass, and bottlebrush squirreltail
also are included. The average annual production of air-
dry vegetation is about 800 pounds per acre. Suitable
management practices include proper grazing use and
a planned grazing system.
lf the quality of range vegetation has seriously
deteriorated, seeding is needed. The main limitations
are cobbles and stones. For successful seeding, a
seedbed should be prepared and the seed drilled.
Brush management improves deteriorated areas of
range that are producing more woody shrubs than were
present in the potential plant community.
ll this unit is used for homesite development, the
main limitation is small stones. Population growth has
resulted in increased construction of homes in areas of
this unit. Topsoil can be stockpiled and used to reclaim
areas disturbed during construction. The gravel and
cobbles in disturbed areas should be removed if the site
is landscaped, particularly in areas used for lawns. ll
the density of housing is moderate or high, community
sewage systems are needed to prevent the
contamination of water supplies resulting from seepage
from onsite sewage disposal systems.
This map unit is in capability subclass lVe' irrigated,
and Vle, nonirrigated. lt is in the Rolling Loam range
site.
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42-Fluvaquents, 0 to 10 percent slopes. This
broadly defined unit consists of deep, somewhat poorly
drained, nearly level soils on flood plains and alluvial
valley floors. These soils formed in alluvium.
Fluvaquents are stratified and vary widely in texture
and in depth to sand, gravel, and cobbles. Typically, the
surface layer ranges lrom loamy sand to fine sandy
loam or from silt loam to clay loam. The underlying
layers are generally sandy loam or loam stratified with
sand, gravel, and cobbles. ln some areas gravel and
cobbles are on or near the surface.
The water table fluctuates between depths of 0.5 foot
and 2.0 feet during spring and summer. These soils are
occasionally flooded for brief periods in late spring and
early summer.
lncluded in this unit are small, isolated areas ol
Redrob soils. Also included are small, isolated areas
where water stands at or near the surface all year.
These water areas are identified by a special symbol on
the soil maps. Included areas make up about 15
percent of the total acreage.
These soils are used for wildlife habitat, recreational
development, or grazing. The native vegetation is
mainly coltonwood, willow, water-tolerant grasses,
sedges, and rushes. Mule deer, cottontail rabbit, coyote,
and bobcat and ducks, geese, and other native birds
find food and shelter on these soils. Where feasible,
planting small grain, trees, and shrubs improves the
habitat for upland wildlife.
This unit is poorly suited to homesite development.
The main limitations are the llooding and the seasonal
high water table.
This map unit is in capability subclass Vlw,
nonirrigated. lt generally is in the Riverbottom range
site. At the higher elevations, however, it is in the
Mountain Meadow range site.
92-Redrob loam, 1 to 6 percenl slopes' This deep,
somewhat poorly drained soil is on alluvial valley floors,
low terraces, and flood plains. lt lormed in mixed
alluvium derived dominantly from sandstone and shale-
Elevation is 5,800 to 7,200 feet. The average annual
precipitation is 16 to '18 inches, the average annual air
temperature is 40 to 44 degrees F, and the average
frost-free period is 85 to 105 days.
Typically, the sudace layer is dark grayish brown
loam about 14 inches thick. The next layer is stratified
stony loam about 6 inches thick. The substratum to a
depth of 60 inches is stony and very cobbly loamy sand
and sand.
lncluded in this unit are small areas of Fluvaquents
and Atencio, Azeltine, Showalter, and Morval soils.
lncluded areas make up about 15 percent of :he total
acreage.
Permeability is moderate in the surface layer ol the
Redrob soil and rapid in the rest of the profile. Available
water capacity is low. The effective rooting depth is 60
inches for water-tolerant plants but is 20 to 40 inches
for other plants. Runoff is slow, and the hazard of water
erosion is slight or moderate on the steeper slopes. A
hioh water table is at a depth of 18 to 48 inches
throughout the year. This soil is subject to rare flooding
ol brief duration. lce jams may cause flooding during
prolonged cold periods in winter.
This unit is used for irrigated hay and pasture or as
wildlife habitat. lt is well suited to hay and pasture. The
main limitations are the restricted rooting depth lor
plants that are not water-tolerant and a short growing
season. The wetness limits the choice of suitable torage
plants and the period of cutting or grazing and
increases the risk of winterkill. lrrigation water can be
applied by lurrow, border, corrugation, and sprinkler
methods.
This unit provides lood and cover for waterfowl and
other wetland wildlile.
This unit is poorly suited to homesite development.
The main limitations are the wetness and the hazard ol
flooding.
This map unit is in capability subclass lVw, irrigated
and nonirrigated. lt is in the Riverbottom range site.
I,
ATTACHMENT B
IJ.S. ARMY CORPS OF ENGINEERS
WETLAITD YERIFICATION LETTER
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I FEPLY TO
ATTENTIOil OF
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER OISTRICT, SACRAMENTO
CORPS OF ENGlNEERS
1325 J STREET
SACRAMENTO. CALIFORNIA 958'4.2922
August L9, L997
I Regulatory Branch (t99275069)
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Mr. Grant Gurnee
Aquatic and Wetland ComPanY
1555 Walnut, Suite 205
Boulder, Colorado 80302
Dear Mr. Gurnee:
We are responding to your written reguest, dated August 7-,
Lg97, for reverification of a portion of a jurisdictional
determinat.ion on the St. Finnbar Farm Subdivision. The mapping
of Ehis propert,y was previously approved by our let,ter dated
January -8, lggl-. The site is located along BIue Creek and the
Roaring Fork Rlver downstream of Catherine's bridge within Ehe W
t/2 of Section 31, Township 7 South, Range 87 West, Garfield
Count,y, Colorado.
Based on a site inspection by Susan Bachini Na1I of this
office on July g, L997, w€ have determj-ned that your revised
wetland boundary delineation is accurate. The primary difference
is located on the souLhwest corner of trhe siE,e in an area marked
ItWastewaEer Treatment P1ant Parcel r' . The plan ref erenced below
is an accurate depicti-on of t.he limits of Federal jurisdj-ction
under Sect.ion 404 of the Clean Water AcL. The plan is labeled:
St. Finnbar Farsr Subdivisionilurisdictional Delineat,ion PIan
Dated 7/2s/97
Thi-s verrf iea.t'i on supercedes our previous verlf ication and
is valid for a period of five years from the date of this letter.
If the mapping j-nformation proves to be false or incorrect, we
will adjust our determinaEion accordingly. We have maintained
number Lgg275069 to this determination. Please contact Ms. Na11
and refer Lo this number if you have any questions and for permit
requirements at (970) 243-l-l-99 or the address be1ow.
Sincerely,
Grady L. McNure
Chief, Northwestern Colorado
Regulatory Office
4O2 Rood Avenue, Room L42
Grand Junct,ion, Colorado 8150]--2563
ATTACHMENT C
DRAINAGE REPORT
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N&JEERNG
DRAINAGE PLAN
FOR
ST. FTNNBAR FARM SUBDIVISION
PRELIMINARY PLAN SUBMITTAL
HCE JOB NO. 89074.008
May 20, 1998
923 Cooper Avenue . Glenwood Springs, CO 81601
Telephone: (970) 945-8676' FAX: (970) 945-2555
$$ruu:;--"ryk,
-iF 20630-!*E
%ru
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T TABLE OF CONTENTS
I Introduction
I Hydrology
I
Drainage Plan
Roaring Fork River
t Floodplain and Floodway
I Wetlands
Crossinss
I p.orio, con,rot
I summary
I Drawings: Vicinity Map (872" x 11")
I Existing Conditions Map, Grading and Drainage Plan, Crossing Plan and
t Profiles and Details (all reduced to 11" x 17"), (24" x 36", bound with other
drawings)
I Portion of FEMA Flood Insurance Rate Map for the Site (11" x 17")
I Appendix A: Cross Section Information from the River Restoration Study
I Appendix B: Anticipated Minimum Finish Floor Elevations
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I rNrRopucrroN
I St. Finnbar Farm is an 85 acre site bounded by the Roaring Fork River on the south, Preshanar Farm PUD and equestrian center on the north, County Road 100 on the east and open space
r areas of the Ranch at Roaring Fork on the west. See the enclosed Vicinity Map for site
I location. The major drainages affecting this property are the Roaring Fork River and Blue
Creek.
I Blue Creek flows east to west near the northern boundary of the farm. Midway through the
property the creek splits with one channel running to the southwest and the other continuing to
I the northwest corner of the site. Both channels exit through the west property line. The
I Roaring Fork River forms the southerly boundary of the site. Some areas of the site are
located within the 100 Year Floodplain and the 100 Year Floodway of the Roaring Fork River.
I However all of the area proposed for development is above the 100 Year Floodplain, with ther exception of a portion of the building envelope for Lot 6.
I Approxima tely 32 acres of the site have been historically irrigated for hay and pasture.
- Outside of the irrigated areas and along the natural channels, cottonwoods dominate the
I vegetation but in some areas in the easterly part of the site there is a scattering of large
I Ponderosa Pines. The riparian edges are vegetated with alder, willow and other shrub species.
I HYDROLOGYI
Hydrology studies for the Roaring Fork River were performed with the 1986 FEMA Flood
I Insurance Srudy and those flows were used to derive the floodplain and floodway limits. The
I magnitude of the flows and the capacity of the flow paths associated with the river far exceed
any reasonably possible on-site storm event.
I The storm runoff flows for this site will, in general, be quite diffuse and not particularly affect
any parts of the project, except possibly in the near vicinity of where the existing county road
I .uiu!r,, discharge onto the property. The major culvert is for Blue Creek, while the other twor are related to irrigation. The maximum capacity discharges from these culverts have been
I shown on the Grading and Drainage Plan. Otherwise, the flows are too diffuse to impact the
I planning of the site and therefore were not considered significant.
I DRAINAGE PLANI
Natural drainage paths as well as most irrigation ditches will be left intact. This ensures that,
I in general, overland flow will follow predictable historic paths. This also decreases the
I amount of grading necessary for roadways and actual building areas and thus reduces the
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possibility of erosion.
Culverts shown on the Drainage Plan are those existing that cross County Road 100.
Additional small bridges will be needed for access to some lots. Details of these crossings are
shown on the Crossing Plan.
No detention is proposed for this development because of the large lot sizes, the diffuse flows,
and the fact that all drainage has direct access to a river connected channel. The magnitude of
the flows and flow paths associated with the river and creek far exceed any reasonably possible
on-site storm event. Therefore, the natural channels existing on the site will be more than
adequate to convey any flows that originate on the site.
ROARING FORK RIVER
The Roarin-e Fork River is the most significant drainage related constraint on this property.
The 100-year floodplain and 100 year floodway lines from the Roaring Fork River that affect
this property have been shown on the Existing Conditions Map, a reduced copy of which has
been included in this report.
During previous reviews by Garfield County, the Colorado State Geological Survey and the
Colorado Water Conservation Board commented that there was potential for gross lateral
movement of the river channel based on the history of the river in the past 10 to 15 years. At
that time, High Country Engineering, Inc. (HCE) personnel reviewed aerial photographs and
available mapping and could find no confirmation of river channel movement that would
suggest any significant risk to areas of the St. Finnbar site proposed for residential stmctures.
Furthermore, HCE reviewed the floodplain mapping in comparison to a one foot contour
interval map of the site and found it to confirm the FEMA mapping. The floodplain mapping
shows that some overtopping of County Road 100 occurs, however, that may have been altered
by the recent improvements to County Road 100 from the bridge to Highway 82. The County
improved and repaved this stretch of road and in the process raised the grade of the road
significantly. This increased elevation will tend to divert the sheet flow flood waters back to
the primary flood channel of the Roaring Fork River and to the secondary flood channel of
Blue Creek rather than across the county road.
Since the date of the State agency referral letters an extensive river channel stabilization study
and master plan have been completed for the Roaring Fork River from the Catherine Store
bridge to the Carbondale Highway 133 bridge. This effort was initiated in the summer of
1995 by the U.S. Justice Department and the U.S. Army Corps of Engineers. At this meeting
a consultant hired by the Justice Department, Dave Rosen, made a presentation on the
characteristics of the Roaring Fork River and the types of activities that the Corps of Engineers
would support for the stabilization of the river channel. The government consultant described
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the gross movement of the river immediately downstream from the Catherine Store brid-qe as
quite unlikely. At this meeting the property owners along the river were encouraged to unite
and prepare a master plan for the stabilization of the river that the Corps could use as a guide
for the review of future permits for work along and in the river. Property owners. including
St. Finnbar, subsequently created the Roaring Fork Restoration Fund that was used to fund a
river master plan by Mr. Rosen. Some of the downstream properties have already
implemented river stabilization improvements identified by the master plan with the
authorization of the Corps of Engineers.
Included in Appendix A of this report are cross sections from the river master plan showing
the recommended improvements to the river channel adjacent to St. Finnbar Farm. These
improvements will improve the main channel of the river and reduce erosional pressures on the
river banks. St. Finnbar proposes to implement the river improvements recommended for this
property following issuance of appropriate Corps permits. The slope along the north bank of
the river for over a 1,000 feet downstream from the bridge is heavily vegetated with both trees
and shrubs, further serving to stabilize the river channel. This vegetation will not be
disturbed by the proposed development or the river channel improvements.
FLOODPLAIN AND FLOODWAY
Over much of the site, the floodplain and floodwary line are coincidental. The Existing
Conditions Map shows the boundaries of the FEMA mapped floodway/floodplain which
generally follow the Blue Creek drainage, an old secondary stream channel and the main
channel of the Roaring Fork on the south boundary. The pertinent portion of the FEMA
Floodway map has also been included with this report. The mapped floodwqy areas have been
entirely avoided, except for the minor driveway crossings. The areas of the site proposed for
residential construction are outside of the floodplain and floodway, except for a small portion
of the building envelope for Lot 7.
In order to facilitate drainage for each building envelope area, and to provide protection from
high groundwater levels, we have proposed a minimum finish floor elevation for each lot. In
addition, the minimum finish floor elevations proposed are above the 5a0 year floodplain
elevation. A preliminary list of minimum finish floor elevations for each lot is included with
this report in Appendix B. These should be verified when final development plans are
available for each particular lot.
WETLANDS
Wetland boundaries were completely remapped by Aquatic and Wetland Consultants this past
summer (1997). This wetland edge was surveyed, mapped and submitted to onsite inspection
by the Corps of Engineers. Attached with this submittal is the Corps' letter verifying the
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wetland boundaries as staked in the field and as shown on rhe St. Finnbar Farm Subdivision
Jurisdictional Delineation Map, dated7l25l97. The Corps' verificarion includes the
previously proposed wastewater treatment plant site which is located in an upland area outside
of the floodway and floodplain. This site is no longer proposed as a rreatment plant site. With
the collected survey data. the wetland edge can be accurately relocated on site at any time.
CROSSINGS
Crossings of the floodway channels and wetlands, with driveways and utilities require permits
from Garfield County and the Corps of Engineers. These permits were actually issued in 1993
by the County and the Corps but will need to be reprocessed in conjunction with this revised
preliminary plan. We understand that a review by the Colorado Water Conservation Board
will also be conducted as part of these permitting processes.
EROSION CONTROL
In general, erosion control will consist of disturbing as little existing vegetation as possible
and, therefore, reclamation of as little area as possible. However, during the construction of
improvements on each lot, it is recommended that silt fences be utilized as a protective barrier
between the construction site and the adjacent wetlands and/or channels. It is anticipated that
areas that must be disturbed (outside of the areas immediately adjacent to dwellings) will be
reve,eetated with a grass and shrub mixture that approximates the natural vegetation of the site.
SLMMARY
The preliminary plan for St. Finnbar Farm Subdivision includes only minimal drainage
improvements because of the extensive natural drainage network throughout the site. The intent
of the proposed plan is to work with the natural amenities and protect them so they can
continue their natural function
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f levation Referencc Mark
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LIMIT OF
FLOODIVAY
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CARFIELD COUNTY,
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080205 1880
iltP RtYtst0:
JANUARY 3, I986
Fd!.61 Emt8cfty MrEt.lHt A!G,DETA}LED STUDY
RM25
APPENDIX A:
CROSS SECTION INFORMATION FROM
TTIE RIVER RESTORATION STUDY
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MASTER PLAN FOR ROARING FORK RIVER RESTOR^ATION
THE BELOW AND ATTACHED SECTIONS SHOW THE RESTORATION PROPOSED
BY THE MASTER PLAN AS APPROVED BY THE CORPS OF ENGINEERS.
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ST. FINNBAR FARM
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riigure r9. photograph of cross section #2rg0 s'owi,g,roposecl new clirnetts.ion ttncl l'loocllllairt
rever compor",l to existing "onaiii*. Arnount or "*"uunrio.
ancl/or
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200.0 File :XSECTICJI(2 Ente red:a9196
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Figure rg. photograph of cross-sectlo* {l t,0 srrowing llroposecr .ew crirncrrsion a*cl rioorlpliritr
lever conrparecr to existing .onaiiion. Amou*t o[ "*"ouoiion
ancl/or I'ill is showrr fo' tlte
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APPENDIX B:
ANTICIPATEDMINIMI.IMFINISHFLooRELEVATIoNS
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ANTICIPATED MINIMUM FINISH FLOOR ELEVATIONS
MINIMUM FINISH FLOOR
6267.5
6264.s
6262.5
6258.5
6253.5
6251.5
6254.5
6257.5
6259.5
6263.5
6265.5
6263.5
6267.5
(Based on 1986 FEMA StudY)
LOT
ELEVATION
1
)
3
4
5
6
7
8
9
10
11
t2
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ATTACHMENT D
ENGINEER'S REPORT
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ST. FINNBAR FARM SUBDIVISION
PRELIMINARY PLAN SUBMITTAL
UTILITY, GRADING AND ROAD STATEMENTS
UTILITIES:
Standard utilities available near the site include natural gas' electric and telephone'
Extensions will be made to service each proposed lot. The proposed locations for these
utilities are shown on the enclosed utility plan, and the plan wiil b. r.nt to the respective utility
companies for their review and approval'
Domestic water will be provided by individual wells drilled under water rights protected b1'
contracts with the Basalt water conservancy District. contracts are currently in place for all
proposed lots. Included with this submittal is a letter report from Zancanella and Associates
ihuiOit.u.ses this topic in greater detail'
Fire protection water will be available on site in the form of a shallow well infiltration gallery
located at the cul-de-sac. This will auow fire district trucks to pump warer directly from a
shallow ground water reservoir that is fed by the high water tabre. At the time of the pre'ious
1993 preliminary plan review, the Carbondult Fitt District had accepted this design as
adequate for the subdivision. This proposal has also recently been reviewed with the Fire
District and they have verbally reaffirmed their approval. However, they will again have the
chance to comment during this submittal process'
Wastewater treatment of St. Finnbar Farm sewage will be provided uv t!. Ranch at Roaring
Fork under the terms of an agreement between ttre Ranch and st. Finnbar Land company' A
copy of the agreement has been included with this submittal' A wastewater collection system
will be constructed to deliver sewage collected from homes at St. Finnbar Farm to the easterly
most sewer manhole at the Ranch at Roaring Fork. St' Finnbar will prepay tap fees to assist
the Ranch with the construction of a renovated and expanded wastewater treatment plant' The
Ranch at Roaring Fork en-eineer expects to have a Site Permit for the new plant approved in
the spring of 1998 and coistruction is projected to be completed in early 1999' The Ranch at
Roaring Fork is committed to the renovation and expansion of their existing treatment plant
whether St. Finnbar Farm is ultimatery a user of the facility or not. Treatment capacity for the
first homes at St. Finnbar is available from the Ranch's existing treatment plant'
Responsibility for construction. operation and maintenance of the sanitary sewer collection
system will rest with the Homeowner's Association. Details can be found within the
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Homeowner's Association documents'
Irrigation water will continue to be available for on site use through the irrigation water rights
that-have been in use on this property for many years'
No overlot grading is proposed by the developer, and none is envisioned to be necessary
corector and Arterial Roads: county Road 100 adjacent to St. Finnbar Farm has recently
been renovated and asphalt paved. This stretch of road back to Highway 82 will receive the
greatest impact from tiaffic originating from St. Finnbar, possibly 100 trips per day' The
remainder of St. Finnbar traffic impa.is, possibly 40 trips per day, will he on County Road
100 back to carbondale. Due to the relatively low trip generation of the St. Finnbar
development and the excellent condition of ctunty Road 100 in the area receiving the greatest
impact,thereshouldbeminorconcernforimpactsoncountyroads.
The intersection of the main access road (St. Finnbar Drive) with county Road 100 is located
to provide good site distance along County Road 100' This roadway will be a private access
road, and it is designed to current county Road Standards. plan and profile drawings for this
road are included,ii,t tt. 24" x36" drawings for this submittal package. The alignment of St'
Finnbar Drive was chosen not only to access the proposed lots, but also to preserve existing
cottonwoods and ponderosa pines. It terminat.r.t u cul-de-sac slightly over 1'000 feet from
county Road 100, 400 feet longer than the county design recolrllnendation' This extra length
is compensated for by a lar,eer than required cul-de-sac radius (70 foot right-of-way radius) and
an emergency access easement that connects the cul-de-sac back to County Road 100' The
oversized cul-de-sac allows emergency vehicles to freely maneuver around the cul-de-sac' The
alternative to this design would be a ltoping road that would result in greater site disturbance,
a second intersection on county Road t60 ind added maintenance costs for the home owners'
crossings of the floodway channels and wetlands with driveways and utilities require permits
from Garfield County and the Corps of Engineers. These permits were originally issued in
1993 by the County and the Corps but are being reprocessed in conjunction with this
preliminary plan. A r.rie* by the colorado water conservation Board will also be conducted
as part of the Permitting Process'
ATTACHMENT E
WATER SUPPLY REPORT
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I P.o. Box 1eo8
1OO5 CooPer Ave.
I""'83"$:3;''n"'
(s70) 94s-s7oo
(970) 945-1253 Fax
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ZaxcanELLA Attro AssoqareS' lr{c.
May20,1998
Mr. Jim Mindling
St. Finnbar Land ComPanY
32 Buttonball Lane
Weston, CT 06883
St. Finnbar Well #1, Lot #1
Dear Mr. Mindling:
At your request, Zancanella and Associates, lnc' has conducted groundwater
investigations to determine the resources available for your ploposed St' Finnbar
subdivision, located southwest of the catherine store, near carbondale, colorado. st.
Finnbar weil #1, Lot #1 was drilred by sherton Drilring corporation- A water ailotment
contract with the Basalt water conservancy District (attached) and was completed on
March 6, 1998. We have reviewed the Samuelson Pump Company's. recent pump test
on the subject well. The test well is currently registered as a monitoring hole with the
Division of water Resources under permit No. MH-32679 (Notice^of lntent and
Acknowledgment is attached) and is located in the NE 1/4 of the sw 1/4 of section 31'
Township Z Soutn, Cange a9 West of the 6th P.M. 2320 feet from the West section
line and 25g5feet from tn" Nortn section line. The approximate location of the well is
shown on the attached site map (Figure 1)'
st. Finnbar weil #1, Lot #1 was driiled to a depth of 3g feet and constructed with a 5-
inch diameter steeiwell casing. The water bearing portion of the well is in the Roaring
Fork River alluvium. This alluvial formation is under nearly all of the proposed st'-
Finnbar subdivision. The static water level in the well on March 5, 1998 was 9'21 feet
below the top of th; well casing. The available drawdown in St. Finnbar Well #1 is
approximately 29.8 feet (9.21 n - gs.o ft). The attached Figure 2 has been prepared to
iliustrate the well construction details and geologic log.
The well was tested March 5, 1998 through March 6, 1998 by Samuelson Pump
Company . A 1%horsepower pump poweied by an electric generator was installed for
the test. R pumping trt" of 37.5 g"ilont per minute (gpm) was selected' The well was
pumped continuously for a24+ hour period at a rate of 37'0 gpm' Drawdown and time
data were collected iuring the test and are presented in the attached Table 1a' The
drawdown data can be used to project the yield of a well and associated aquifer' The
drawdown is the distance the watei level diops from the initial static water level and
can vary over time, depending on the pumping intensity'
6rr o rr ggnt r{6 Cor{ Eltt;;IAtrtr
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we have plotted the pump test data in a drawdown vs. time curve for well #1' The
graph is shown on thl attached Figure 3. The well drawdown was apProximately 18
inches over the first hour of the test and remained at nearly that same level through the
end of the 24-hour test. The water levet while pumping at 37.5 gpm stayed well above
the pump intake level of 35 ft during the pumping test'
Based on the available drawdown the well should be able to pump continuously at the
test rate of 37.5 gprn. rn" flat drawdown curve would indicate the well was being
iecharged at the same rate as it was being pumped'
Recovery data for the well was collected for a 6-minute period after pumping had
stopped. The recovery data is presented in Table 1b' The recovery plotted as residual
drawdown is shown in Figure 4.
Based on the residual drawdown curve, the well displayed positive recharge
characteristics, or in other words, the well recovered at a greater rate than it was
pumped. The well returned to the original static water level within 6 minutes, which
would indicate that water pumped during the test was rapidly recharged from the
surrounding alluvium and'Roaring Fork River. The recovery of this well is common to
wells drilled in alluvial materials near a river'
The attached Table 2 presents the estimated water diversion requirements for the
proposed zg (ts primary and 10 caretaker) residential unit development' we have
assumed that each resiiential unit will have 3.0 people, each using 100 gallons per
person per day. The irrigated lawn and garden area for each unit was estimated to be
g3oo ft, for a total ar"a of 2.48 acres. rne irrigation consumption requirement was
estimated to be 4.33 acre-feeUacre and is distiiUuteO over the growing season based
on plant demands. The irrigation application efficiency was assumed to beToo/o
resulting in a diversion requir"r"ni of 6.19 acre-feeVacre (4.3310.7)' An additional
demand for 52 livestock units were included at a consumption rate of 15
gallons/uniUdaY.
Based on the above assumptions, the peak diversion month would occur in June with a
demand of 2.58 acre-feet oi tS.S gallons per minute. The annual diversion
requirement is 1 6.71 acre-feet. T[e estimated annualwater consumption requirement
is 6.g4 acre-feet,*itn o.sg acre-feet attributable to "in house" uses and 6'55 acre-feet
from irrigation and livestock needs'
The proposed St. Finnbar subdivision is to be served by individualwells on each lot'
The above well was driiled and tested as an example of the potential groundwater that
may be anticipated from the alluvial deposits of the Roaring Fork River' lt is our
opinion that the proposeO individualwells will be capable of providing the physical
supply to the develoPment.
The legal water supply can be provided from contract water with the Basalt water
Conservancy District. The contract water enables use of district water rights to replace
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or'augment" diversions from the development, thus.protecting any downstream water
rignts.- Diversions from the individual wells would initially Oe c9y919d under a
temporary exchange ft"n "rtt"ntly
approved by the Division of Water Resources' Use
of the contract *"t-"r will eventuatty rLquire formal approval under a court approved
augmentation pran at which time onry th"
"onrumptive
portion of water use will have to
be replaced.
well permits from the Division of water Resources will be approved subject to being
covered by the Basalt water conservancy District temporary exchange- plan' Th-e st'
Finnbar subdivision is located in area A o? tne Basalt-District and therefore qualifies for
the temPorary exchange Plan.
Finally, water samples of the pumping discharge were taken from sL Finnbar well #1'
Lot #1. As individual wells, the syste.m will not be a community water supply' The
water was tested for bacteria and nitrates as required by the county and successfully
passed these tests which are attached. ln addition, the well was also tested for all of
the standard cororado Department of Hearth Requirements which are attached' These
tests were also passed by the water sample taken from well #1.
lf you have any questions, please feel free to contact our office at (970) 945-5700'
Very truly Yours,
Zancanella and Associates, lnc'
fq
Thomas A. Zancanella, P- E.
President
Attachments: Basalt water conservancy District contryct
MonitoringHolelntenttoConstructandAcknowledgment
Well ComPletion RePort
cc: Ron Liston
L:\96306\"welrPt
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Well Locotion
IYELL tl, l.or tl /.6'.
St. Finnbor Lond Compony
FEJRE T€.
w tstEr'- ZD' I +-te.s
tfEr
tfi
APfO Br:rE
DR^lil Br: I CHXD Bf:
Flp
PL N 1{O.
E\"8\,r*F8t 6'rE E lE - 16 00lt AtE.f PROTECf: gG:rar.t.t
lr!
GRIUND
LEVEL
\_1, to 30,5' !D PLAIN STEEL CSG
Stotic Vo.ter" Levet 9,L7' 3/5/98
-.\-- CEMENT 5-15'
30' to 35'5', I,D,, 0,188"
Penf Cosing
Screen S[ot
Vol.l.
Sizer 0,050'
.\c, +^ ao,JJ UTJ JJ5; ND- PLATII STEEL CSG
\\ PVC Cop
Totol Depth APPr ox, 39'
ALLUVIUM
ROCKS, GRAVEL
ALLUVIUM
FINE SAND,
CLAYS
iil | D^rE
1l--EEfft-
St. Finnbor Lond ComPonY
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TABLE 1a
St. Finnbar Ranch
Well #1, Lot #1
PUMPING TEST DATA
OATE
0SMar-9E
O$tr/lar-98
0$Mar-98
O&trtlbr-96
O&{t/lar-98
0SMar-98
oilt/hr-g8
0S{tlbr-9E
0$Mar-98
O$Mar-9E
05-Mar-98
05-Mar-9E
O$Mar-9E
O$Mar-9E
Os-lt/lar-98
O5-lt/lar-9E
(5-l,lar-9E
O${Uar-9E
O$Mar-98
05-Mar-98
O${Mar-96
06lvlar-9E
O&Mar-98
TIME
10:35 AII/I
t0:35 AIIJI
10:37 AIt/l
'10:36 AIt/l
10:39 AII/I
10:41 AItl
10:43 AM
10:45 AItl
1O:47 AI\,
10:50 A ,l
10:55 AlVt
1 1:05 AIVI
'11:15 Al,l
1125 AM
11:35 AItl
12:05 PM
12:35 PM
01:49 PM
O2:35 PM
03:05 PM
03:35 PM
07:35 AM
10:55 AIt/l
WATER
LEVEL
(ft)
9.2',1
'to.17
10.35
10.52
10.50
10.54
10.58
10.5E
10.63
10.63
10.67
10.67
10.67
10.69
10.69
10.71
10.71
10.71
10.71
10.63
10.7'.1
10.54
10.48
DRAW
DOWN
(ft)
0
1.0
1.1
1.3
1.3
1.3
1.4
1.4
1.4
1.4
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
1.4
1.5
1.3
1.3
tf
(mln) (min)
0
1
2
3
4
5
E
10
12
15
20
30
40
50
50
90
120
194
240
270
3(p
1260
1460
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37.5
37 Dccrcascd ratc
23
23
23
23
23
tt' a coMM.
(spm)
I
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lr
lr
l:
t:
lr
IIIIIIIIIIIIIIIIIII
Finnb ar Ranch, Well #1, Lot #1
Drawdown vs Time
oo'l
C
=oio
ts
(Ut-o
0
-5
-10
-15
-24
-25
-30
-35
-44
0.1 10 100 1 000 1 0000
Figure 3Time t (minutes)
x ^.
,t ..al.a)A.L :
vv ut7Il +L
|_t +til+I
t_t_l l I
Lt_l lil-I
_tLl -l
_[l I
tl l
t_L -1
il -lIl
24-Hour Pump Test 3/5/98 - 3/6/98
TABLE 1b
St. Finnbar Ranch
Well #1, Lot #1
RECOVERYTEST DATA
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Ir
TIME
10:55 ANI
10:56 AI\I
10:57 Ar\,
10:58 A I
10:59 AIt/l
11:00 A ,l
11:01 AI\il
WATER
LEVEL
(ft)
10.4E
9.38
9.27
9.17
9.15
9.21
9.17
DRAW
DOIA'N
(n)
1.3
o.z
0.1
-o.0
-0.1
0.0
{).0
ut'
1440.0
1461.0
731.0
487.7
366.0
293.0
244.3
tt'
(mlnl (mlnl
1450 0
1461 1
1462 2
1463 3
1464 4
1465 5
1466 5
OATE
06-lt/lar-96
06Jr,lar-98
06-IrIar-98
06-lvlar-98
06-i/br-98
06{rar-98
OSjvlar-98
IIIIIIIIITIIIIIIIII
St. Finnbar Ranch, Well #1, Lot #1
Recovery as Residual Drawdown
oo
C
=oE
=(Ut-o
0
-5
-10
-15
-20
-25
-30
-35
-40
100 1 000
t/t'
1 0000
Figure 4
vl v \Y -{
-Hour Pump Test 3/5/98 - 3/6/98
I I I I I I I I I I I IIrIIIII
Table 2
St. Finnbar Farm PUD Lots 1,3,5,6,7,8,9,10,12,14
Esfl mated Water Requlrements
urface Area 0 acres
Net Evaporation 0 ft
1 52 units
i Consumption 15 gPud
Open Space 0 acres
persons/unit 0'0
gallons/person/day 100 gPcd
nt Consumed 5o/o
lnigation 500 sq-fUunit
is reqmnt (ClR) 2.13 fl
# persons/residence 3.0 caP/unit
# gallons/person/daY 100 gPcd
Percent Consumed 5o/o
Lawn lnigation 8300 sq-ft/lot
Application EfficiencY 70o/o
Water Use Calculatlons
(s) (s) rro) (rr) (r2) (r!) (14)
Oomotllc Cmrclel DmlCom OP.n sPtci Llv& Avtng'
lnltoutc ln-hourl lnlgrtlon lrrlgrllon tlocl Toill Fld
(ac-ft) (ac{t) (rc{t) (!c'fi) (rc{t) (rc{t) (gpn)
(r) (2) (31 (1) (s) (6) (7)
Oomolllc ComctclEl Offilcom OPon SPrco Llvc- Avengc
ln-hous. ln+toulr lrrlgltlon lrrlgtllon tlock Tot'l Flow
(rc-ft) (!c-fi) (!cJt) (ac'ft) (rc-fl) (rc'tt) (spm)
0.033
0.030
0.033
0.032
0.033
0.032
0.033
0.033
0.032
0.033
0.032
0.033
0.39
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0_00
0.00
0.25
1.06
1.31
1.26
0.83
0.70
0-26
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.11
0.10
0.11
0.35
1.17
1.42
'1.37
0.93
0.81
0.37
0.10
0.11
6.94
0.8
0.8
0.8
2.7
8.5
10.7
10.0
6.8
6.1
2.7
0.8
0.8
1.28
0.656
0.593
0.656
0.635
0.656
0.635
0.656
0.656
0.635
0.656
0.635
0.656
7.728
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.36
1.51
1.88
1.80
1.18
1.00
0.37
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.87
0.73
0.66
0.73
1.07
2.25
2.58
2.53
1.91
1.71
1.11
0.71
0.73
5.3
5.3
5.3
8.0
16.4
19.5
'18.5
14.0
12.9
8.1
5.3
5.3
16.71 10.33
January
February
March
Aprll
May
June
July
August
October
November
December
Annual
lSM.fBs
ZarcDrta e Araoc., lnc.
W.td R..ffi.t ErCm6
6ffiod sptln!!, CO
Joba e83O6.l .ru.1.wl(a
I
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BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Pursuant to C.R.S. 1973,3745-L3l
St. Finnbar I-and Company (hereinafter 'Applicant") has applied to the Basalt Water
Conservancy District (hereinafter the 'District'), a political subdivision eFthe State of Colorado,
organized pursuant to and existing by virtue of Colorado Revised Statutes, L973,37-45-L01, et
sE., for an allotment Contract for beneficial use of water rights owned, ieased, or hereafter
acquired by the District. By ef-ecution of this Contract, Applicant agrees to the following terms
and conditions:
1. OUANTITY: In consideration of the covenants and conditions herein conlained,
Applicant shall be entitled to receive and apply to beneficial use .033 cubic foot of water per
second from the District's direct flow rights and 1.9 acre feet per year of storage water owned
or controlled by the District.
2. SOURCE OF ALLOTIED WATER: Water righs allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, kndis Canal,
Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District,
inciuding the District's contractual 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 aliotted 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 outiet works of said storage facility and release of water at such outlet worla shall
constitute fuli performance of the District's delivery obligation. Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with
the United States Bureau of Reclamation and any rules and regulations promul-eated pursuant
thereto.
3. PURPOSE AND LOCATTON OF USE: Applicant will use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future weils and other
water sources, within or through facilities or upon lands owned, operated, or served by
Applicant, which lands are described as I-ot 1, St. FinnbarFarm Subdivision, Gaifield County,
Colorado; provided tiiat the location and purpose of Applicant's use of said water shall be legally
recognized and permitted by the applicable governmental authority having jurisdiction over the
property served. Applicant's contemplated usage for the water atlotted hereunder is for the
following use 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 suppiemental to Applicant obtaining or adjudicaling, on its own, the right
x
Other
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to use certain waters. It is acknowledged that certain locations within the Disfict may not be
susceptible to service solely by the District's water rights allotted hereunder or the District's said
water 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 purpose or purposes. All lands, facilities and areas served by water
rights allotted hereunder shali be situated within the boundaries of the District. The District
reseryes the exclusive right to review and approve any conditions which may be attached to
judiciai 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 aliot-
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 shaii be
soieiy responsible for providing worla and facilities, if any, necessary to utilize the District's
water rights 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 origina-l point of diversion of the District's applicable water right and neither
the District, nor those entitled to utilize the District's decrees, ffiay call on any greater amount
at new or alternate points of diversion. The District shall request the Colorado State Engineer
to estimate any conveyance iosses between the original point and any alternate point and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees, may cali on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of appiication for the alternate point of diversion.
In the 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 ailotted hereunder, Applicant shali 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 Appiicant 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 Dirertors of the District for such service. The
initial annual payment sha-ll be made, in full, within 15 days after the date of a notice from the
District that the initial payment is due. Said notice wili advise the Applicant, among other
things, of the water delivery year to which the payment sha-ll apply and the price which is
applicable to that year. Annua-l payments for each year thereafter shall be made by the
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Applicant on or before each March 1. If an annual payment is not made by the due date, written
notice thereof will be sent by the District to the Appticant 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-municipal 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 will 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 otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right ailotted 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 shati 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 shail 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.
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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 consenation, and staged curtailment
regulations, if any, applicable within the County in which the water allotted hereunder is to be
used, together with all amendments of and supplements to any of the foregoing.
8. CLIRTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on fr-le 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 upon the occurrence
of certain events and upon the District giving notice of such curtailment, ali as more fully set
forth in said Stipulation.
9, OPERATION AND MAINTENANCE AGREEMENT: Applicaniifr^U 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 re4uested 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
conLain, but not be timited 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 administralion, 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 othdr than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior rvritten approval of the District shall be deemed to be a material
breach of this Contract.
11. PRiOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on September
25, lg7g, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
t2. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitabie or legal fee title interest or ownership in or to any of the water or water
rights of the Di;trict, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shau implement and use commonly
accepted conservation praclices ivith respect to the water and water rights allotted hereunder and
A
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shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
APPLICANT:
534 E. Hyman
Aspen, CO 81611
STATE OF COLORADO
couNrY or-'Hth
Subscribed and sworn to before me this l5t day of , 1991, by
Morton Heller as Vice President for St. Finnbar I-and Company.
WITNESS my hand and official seal.
My commission expires:
f racy Yelton/Notary Pubi;c
Pitkin County Bank and Tn;-.,t
P.O. Box 3677 . Aspen, CO 8t,.
['ly Commissicn Expires'i\4ay 20, i,
By:
)
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)
Morton Heller, VicE President
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ORDER GRANTING APPLICATION FOR AII,OTIVIEIYT CONTRACT
St. Frnnbar I-and Company
Application having been made by or on behalf of St. Finnbar I-and Company 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 .033 cubic foot of water per second from the District's
direct flow rights and 1.9 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 altotted in the foregoing Contract, upon the terms,
conditions and manner of payment as therein specifred and subject to the following specific
conditions:
1. The Applicant shall provide the District proof that the proposed land use of the
land to be benefited by the water atlotted hereunder has been approved by the applicable govern-
mental authorities having jurisdiction over such land use, including evidence satisfactory to the
District that each lot or parcel to be benefited hereunder is legally subdivided.
2. Any and ali conditions imposed upon the release and diversion of water alotted
hereunder in any water rights plan of augmentation or other water rights decree of the Water
Court for Water Division No. 5 shall be incorporaM herein as a condition of approval of this
contract. Granting of this allotment contract does not constitute the District's representation that
the applicant witl receive a well permit or water rights decree for the land to be benefited
hereby.
3. If Applicant intends to divert water through a well, Applicant sha-ll provide the
District a copy of Applicant's valid well permit before the District is obligated to allot water for
the benefit of Applicant hereunder.
4. The Applicant has acknowledged that the land to be benefited by the foregoing
and attached Contract is described as Lot 1, St. Finnbar Subdivision, Garfieid County, Colorado.
BASALT WATER CONSERVANCY DISTRICT
sy, Al, Aa *!r\r1^r+-
President
I hereby certify that the above Order was entered by the Directors of the Basalt Water
Conservancy District on the 14th day of October, 199i.
v?)ro---L,-(#\ huj/'
Secrerary
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WELL CONSTRUCTION AND TEST NEPON
srATE oF coLoRADo, oFFtcE oF THE srATE FNGTNFtrR i
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WELL PERfiIIT NUMBER MH-32679
PROVAL# Gr/\,S31-91.o3
Sec.line. OR
FTLTNG(UNtT)
uwner Name(s) : st Finnbar Land co.
Mailing Address : o/o P.O. Box 1908
I
City, St. Zp : Gtenwood Springs, Co. g1602
IPhone (970) 94S-57OO I
DISTANCES FROM SEC. LINES:
ft. Irom Sec.line. and fl. fto
SUBDIVISION: LOT I
STREET ADDRESS AT \A/ELL LOCATION :
AF
m
3LOCK
4 GHOUND SURFACE ELEVATION
DATE COMPLETED OYO6/98
ft.
TOTAL DEPTH 3e fL DEpTHCgMpLETED 39 ft.
5. GEOLOGIC LOG 6. HOLE DiAM. (in)FROM (1t)TO (tr)
Depth I Typ" of Materiat(Size. eotor, anOType)9.0 0 39
uu(H.ru5 t
00$o3s
Io3s{3s
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--_-_l
lopsoil
nocXslGravets
--Fi*_'S"nO, Ctrys---7. PLAIN CASING
oD (in)Krnd \ rall Size From (t1)ro (fl)
50 Steel .188 -1 30
5.0 Steel .188 35 20
PERF. CASING: Screen Slo{ Size: _ o to
5.0 Steel .16U 30 35
WATERLOCATED : 15+
REMARKS :
ilter Pack8.F
Malerial
Size:
lnterval
9. Packer Placemenl
TYPe :
Depth :
10. GROUTING RECORD
Material Amount Oensity lnterEl Placement
cement 3 sks 16 gal s.15 pum@
11. DISINFECTION: Type: HTH Arnt.Used: 1 oz..
12. \ ELL TEST DATA : I J Check Box lf Test Data is Submitted On Supplemental Form.
TESTING METHOD : Air Conrpressor
Static Level : 10 ft. Date/Time Measured : 03/06/98 Production Rate : 15 gpm.
Pumping Level : Total fl. Date/Time Measured : 03/06/98 Test Lenglh : 2 hrs.
Remarks :
11 lha€oadlhgIalffiLshdelEranadVWths@t6Bthereof,en6tnatr.heyere.eetohykncrttrdge (PuBuer(toSocrcn24J-1Dt(13xal CRS.gEm8khgOr'Ebeslel€mstlErotMos
F6.irrt .n lte 3@nd dag@ aax, '! p@ilhable as a d3s3 1 mEdo@anor )
COI'{TRACTOR : Shelton Drilling Corp. 4 ./ Phone : (970) 9274182
f\Iailina A;rlrccc o r) aav {Ato aacalr Cnr*#dl ./ - I in Na .tno(
Name / Trtle (Please Type or Print)
Wayne Shelton / President
Date o3/10/s8
6ws-sr
t19B
nrmrce or'-'rpNT To coNsrnucr MoNr. BING xolEt#
Pbasc ryF€ or print legbh h Uack ir*FEB 051998
.raTEF i€SSJEE.S
Landowner's Narrrc St ^ Pinnbar ?.and CalqBany Wetl Owncr'" N.r* qa.e lffiiBfffi
Locafron: -lgE x, -sg-'rt, Scaion 31-, Torxrship 7 IrS. Bengc -89 f/W -5J&PM. Gounty -GaIl1.gI-A---
Hote(d to bc Constn stcd: J*rmbct 3 Estimatcd Dcpdr -60. - 6- Tfc
T
I
I
t
I
lr
lr
lr
lr
lr
l:
l:
lr
lr
lr
t:
Purpore of Monitoring Dlater quality and ulty
Apprcrirnate Data oI Not prior to 72 Drilter Lic. No. fif appEebla)
Consuhant or DriUer
Conrasr Hark HaYes
Addrass P.O. Baox 1908
City. Statc.2i9 Glenwood. Sprlngs, Co 81602
ACKNOWLEDGEMENT FROM STATE ENGINEER'S OF
FoR OFFICE UsE ONLY
MH.3?67?,
Data Norcg Rrcerveo e- s-?/DATE AC(N
o,v. 5 courrv 23 *o 91 GnouHo Er.rrr USGS l.rirr No.
CONOITIONS OF MONITOBING HOLE ACKNOWLEDGEMENT
A COPY OF THE U,RITIEII NOXCE OB ACKNOWI.EOGE,VIENT' SHALL BE AVAII-ABLE AT THE ORILLING SITE.
Noticc was providcd to tt|€ Slrtc fngiaacr tr lcast 3 dsy: prior to conrrruction qlmonitorinq & ob:cilation holzlsl.
Consrruction ol the holcls) must be complet:c wi:h;n so days o? rho drrs nolica wre givrn to th. sts?E Eneir.ee:.
Tc:ting rnd/orguaping chrllnot creceda tc::rof 2OO horrs unlcra prior wrigen srpprcvql ioobtoincd{rom thc Sta:c En9in9;7,
Warer divaned 6fusiog testing shrll aot bc uscd lor benefici:l Eurpoges- Tha owncr of lhc holc(sJ is rcspon:Ne for obtairrrng
9tr;rrit{sl e nd complying wirh all rul?s end rrgublions gcnaining to thr dischcrge of lluids grcducad Curing tcstiag.
Ail work musr comrly witlr thc Water Well Con6LrucUon Rulas, 2 CCR 402-2. Mioirnum construcrion giansardg musr bc rnct or
a var-rancc obtrintd.
Wall Constructr'qn lnd fcst Bcponr IGWS-311 murt ba submirted to lhis sllicz by tho [canaad conrr:rctor or a.rthorizcd Lrdivr'dual
wirhin 60 days ot lhc cornple:ion st rhe worl. Apglicetioa ro pernh cxieriag monitorinq rnd observation holac shcutd rcfercncc
lhe MtI nr;raber undcr wh'rh lhc rcpoa wos fileC cr te occornploicd Ey r copy ol thc rcpon-
Usic:: : well lerarit b obtrincd. thc hotclsl nrusl bs pluggcd end:sealed within oae l j l ycar iliar consrrug:r'on. An Abradonment
Rcpon lfcrm GUr93l mu:t be subrnincd within 6O drys af ,bgging B Eetling-
Thc awnar of the holc(sl should rnaia:sin rccor& ol v:s'-az quality tc:ting and aubmit thig datl to ths 3tcta Engine:r upon regucst-
Thc raon[oring holo nurabOi. ownx'E rtru€iuta aame. cnd hcl€ gwner's hrnre =..i !:-.r.- :.ij j: L- Tcatic-:6.: a;,. ts6li Farbit
applica tioo(cl. wcll cons!ructio n r nd rbendonracnl ncpor13.
A monitaring lrolr can nat ba eonvatcd to e producg'on wrler wctl lothcr thtn c rccovery wel0 unlt:: thc holc or racu yyaz
cr:girsi;y consrrvclcd by a nscnaad well eonsrnrsr;rn conrrlctor.
THIS ACKNOWLEDGEMENT OF HOTICE POES HO7 TNPICAYE ?I{AT IA'ELL PEBMIT(SI CAN BE APPROVED.
Fhone 97C-945-57p0
Fax No970-945- t 253
J ?,,U
Tanr.anel I n A A-esor.iat-psl
ACd;riaaal CcnCirian=
\r, :-: . ..
FEB 0 41998
W;. j;..csrd€S
t
I
I
15OOO W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (3$) 27i4657 FAX (303) Zn'$89
Colorado Department of Health - Drinking Water Section
REPORTING FORM FOR ORIGTNAL,PHASE II,V INORGANIC ANAIJYSES
LER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT OT COMPOSITE SET
BARRI NGER L AB ORAT ORI E S, /NC
txl or NO t I TIIESE RESIILTS ARE TO BE USED TO FULFILIJ STATE
St. Finnbar Farm, c/o Zancanella & Assoc
SYSTEM ADDRESS: 1005 Cooper Ave Glenwood Sprqs CO 81501
fo*r^., PERSoN:
Dwsro #: Not App couNTY
*vsrsMTssrABLr sHMENT NAIvtE :
: Garfield
J*
YES
St.reeE address/PO Box
Mark Haves
SAMPLE COLLECTED BY: Mark Hayes
SAMPLING REQUTREMENTS
DATE COLLECTEDI 03 / 06 / 98
CI TY STATE ZTP
PHONE: (970) 9a5-5700
TIME COLLECTED: 11 : 10 AM
H::,;";,
RAWIX]or CHLORTNATED t I or OTHER TREATMENT t l
LOCATION(S): - address SAMPLE POINT(S)
t1 I Lot f Rd 100 We1 thea
A.\BOP.ATORY SAMPLE # 981579-1 CLIENT NA]VIE OT ID#-
f^-eonetoRy NAI'TE BARRTNGER. LABoRAToRTES, rNC. tAB plIoNE
DO SAI{PLES NEED TO BE COMPOSITED BY LABORJATORY? YES t ] OT NO tX]
DATE RECEIVED TN LABORATORY 03/09/98
(303 ) 211 -1687
DATE ANALYZED 03/L2/ge-04/03/98
OMMENTS
ARAI"IATER
NTIMONY
AP.SENIC
l;xi#,*
CADMITIIV1
tiffiirI
FLUORIDE
J:ft:,.,
NICKEL
[;;Hil*SULFATE
jrjAi,i,rLIM
Nc! Tes:ei for Compound
The a:-:::/:e is found in the assocj.aEed bla:k as ue]l as in the samDle
= MaYrnun Contami.nant Levef
M;: = l-a.ararory Method DeEecLion Limit
EPA
METHOD
200.9
200.9
200.'7200.7 0.004
200.1 0.002
0.01
0.01
0.01
0.1
0.002
0.0002
0.04
0.005
1
1
0.001
200.7
200.7
335.4
300 - 0
200.9
?,4q .1
200.7
2.OO 9
200.7
300 0
200.9
ng/t = MrlJ.igrams per !it.er
* = NC? an MCL, "Aciion Level"
** = lnOT an MCL, "Monitoring RequirenenE Onl)"'
H = IioLdrng iime has been exceeded
(mgr/L)
RESULT
BDL
BDL
0.04
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
6
L48
BDL
0.005
0.05
2.0
0.004
0.005
0.1
1.3*
0.2
4.0
0.015*
0.002
0.1
0.05**
500.0**
0.002
(mglr.)
MCL
(mglr,)
Lab MDL
0.005
0.003
0 .02
{ /t: /t(
I r..I }Bm:xg** ":!,P,g,##gy#;J#gI I Colorado DepartmenL of Health - Drinking Water Section
I REPoRTING FoRM FoR PHASE I,TI,V ORGANIC ANALYSES
GAMpLER: pLEAsE FrLL our oNE FoRM - FoR EACH TNDTVTDUAL SOURCE/PLANT or coMPosrrE sETII nns txl or No t I THESE REst LTs ARE To BE usED To FuLFrLr, srATE sAI{PLrNc REQUTREMEIflTS
I
I ]n.ro #: Nor App couNTy: Garf ield DATE CoLLECTED. o3/o6/e8
II svsrnl,t/nsreeLlSHMENT NAME: St . Finnbar Farm, c/o Zancanella & Assoc
I lrar"M ADDRESS. 1005 Cooper Ave clenwood Sprqs Co 81601
I aEreeE addless/Po Box CITY STATE zrP
I ]o*"o., pERSoN: Mark Hayes pHoNE: (970) e45-5700
I ^- n prr. Mark Harzes TIME COLLECTED: 11 :10 AIvl
| ;atuei,r coLLECTED BY: Mark Haves
I *aren TypE: RAW txl or CHLoRINATED I I or oTHER TREATMENT i l
I
I Jr*" E(s): LocArroN(s): - address LAI\PLE potwr(s):
I W.1] t, i,or t In f ield of f Ctv Rd 100 Wellhead. no treatment
I f Do sAMpLEs NEED To BE coMposrrED By LABoRAToRY? YEs t I or No txl
l -rt ves. record information for second source or second PWSID#-
LOCATION(S): - address SAIuIPLE POIMI(S):
I L""*roRy sArvrp,,E # e'1s7e-r cLrENr NAIvtE or rD#
I o r"*ToRy NAME BARRTNGER LAB.RAT.RTES, rNC. LAB pHoNE (303) 277-1G87
I fom RECETvED rN LABoRAToRy 03/0eleg DArE ANALvzED ot/to/ga-ot/tg/ga
I Jo**e*rs ,
III
I
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I PAGE 2
LABORATORY NWBER CO OOA42 PWSID# NoT App
(ugl1)
RESITI,T
BDL
BDL
BDL
BDL
EPA
METHOD
524.2
q)a )
5r4 2
524.2
(usr/1)
(uglI) BLANK
Lab MDL RESIILT
0.5 BDL
0.5 BDL
0.5 BDL
0.5 BDL
I
I
BARRI NGE R L AB ORATORI E S, /}TC
loroform
romodichloromethane
hlorodibromomethane
romoform
15000 w. 5rH AVE., SUTTE 300
IINREGULATED
cAs#
67 -56-3
75-27 -4
124-48-L
75-25-2
GOLDEN, CO 80401 (3$) 2n-1ffi7 F$( (303) zn-1689
VOCs (TnTUaLOMETHANES) :
T
REGULATED ORGANIC CHEMICALS- -VOCs
I
l;
1,tci
;:
fr
lct
Tr
r:
1 -Dichloroethylene
1, 1 -Trichloroethane
1, 2 -Trichloroethane
2, -Dichloroethane
2, -Dichloropropane
2,4-Trici;rlorobenzene
nzene
rbon tetrachloride
s - 1, 2-Di chl-oroethylene
chloromet.hane
hylbenzene
nochlorobenzene
Dichlorobenzene
ra -Di chlorobenzene
vrene
c rachloroethylene
'l uene
ans - 1, 2 -Dichloroethylene
ichloroethylene
ny1 chloride
fenes (Eota1)
(ugl1)
RESIILT
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
(ugl1)
MCL
'7
200
5
5
5
EPA
METHOD
524.2
C'A '
524 2
524.2
EaA a
70 524.2
c caA aJ JZ= . Z. ll,--l-J JZA . Z
?n *I W JZA . Zs szq2
700 524.2
100 524.2
600 524.2
t5 52+.2
(ugl1)
(uglI) BLANK
Lab MDt RESI,LTeAs#
75-35-4
7t-55-6
79-00-5
to1 -06 -2
79-87-5
L20 - 82 -L
7t-43 -2
55 -23 -5
L56 -59 -2
75-09-2
l_00 -41-4
108-90-7
95-50-1
J.06 - 46 -7
100-42-5
127 -18-4
108-88-3
156-50-5
"79-01-6
75-0L-4
L330 -20 -7
100 524.2 0.5
5 524.2 0.5
1,000 524.2 0.5
100 524.2 0.5
5 524 .2 0.5
2 524 .2 1.0
10, 000 524 .2 0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDI,
I REGULATED ORGANIC CHEMICALS- -SOCs
(ug/1)
RESUTJT
NT
BDL
BDL
BDL
(usr/1)
MCL
(ug/1)
EPA (uglI) BLAI{KyErug!_ &e!__lo!_ ffi*ox].n
)a-n
ti::*i'
Benzo (a)p)'rene
tl::::;:"
Dalapon
J:":H.nloroProPaneDiquat
I
cAs#
1-'7 46 - OL- 6
94 -7 5 -'i
93-72-t
]-5972-50-8
1q1)-)A-a
50-32-8
t53-56-2
57 -'t4-9
'75-99-0
96-].2-8
8s-85-7
85-00-7
BDL 3
BDL O .2
BDL 40
EDL 2
BDL 2OO
BDL O,2
BDL -7
BDL 20
515.1 0.38
515.1 0 .t2
525.2 0.3
525 .2 0.3
52s 2
531.1 1.5
505 2.0
515.1 1.0
504 .1 0.025
s15.1 0.30
549.1 5.0 w
0.00003
70
50
)
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
\
MeetingThe Anal,-tical Challenges Of A ChangingWorld Since l96l
I
I
I
LABORATORY NUIqBER CO OOO42
PAGE 3
(usr/l) EPA
MCL METHOD
525.2
525.2
548.1_
505
EAA 1
525.2
505
525 .2
525.2
525.2
505
531.1
515.1
515.1
50s
505
505
PWSID# Not App
PARRINGER L AB ORATORI E S, /NC
15000 w. 5rH AVE., SU|TE 300 GOLDEN, CO 80401 l3c8l2n-1ffi7 FAx (303) Zn-$89
REGULATED ORGANIC CHEMICALS. -SoCs (coxT. 1
ndothall
ndrin
thylene dibromide
Gllphosate
cAs#
103 -23 -1
1,t7 -8]--7
t45-73-3
72-20-8
].06-93-4
1071--53 -6
76-55-B
t024-5'7 -3
l-18-74-1
77 -47 -4
58-89-9
72-43-5
23135 -22-0
87-85-5
101a-nr_1
1335-35-3
1,22-34-9
8001-3s-2
(ugl1)
RESULT
BDL
BDL
BDL
BDL
BDL
NT
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
400
6
l-00
2
0.05
700
0.4
0.2
1
50
0.2
40
200
1
500
0.5
3
(ug,/1)
Lab MDL
0.5
0.8
20
0.070
0.025
(ugl1)
BLANK
RESt'IT
BDL
BDL
BDL
BDL
BDL
NT
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
G::::llll "po*iauHexachlorobenzene
I:I3:::"rocvc 1 0pent adi ene
tethoxvchlor
ff:i::::orophenol
Polychiorinated biphenyl,s
l:ffi::.
0.2
0.055
0.2
0.1
0.1_
0.25
2.0
0.10
0. i.0
0.50
4.0
3.0
i ( 2 -ethylhexyl ) adipate
i (2 -ethylhexyl ) phthalar,e
I UNREGULATED ORGANTC CHEMTCALS- -SOCs
A1
Ii
A..t-
;;
Dit
Me
rbofuran-H
ln
Ld
Ld
Ld
.tL
1/d 7n Ylr-
icarb
i- carb
icarb
rin
achlor
rbaryl
camba
el-drin
thomyl
tolachlo
tribuzin
opachlor
sulfone
sulfoxide
cAs#
(Unk)
L15-06-3
\546-87 -4
t646-87 -3
309-00-2
23814-56-9
53 -25-2
1989-00-9
60-57-1
16752-77 -5
5L218-45-2
21 nA1 -AA -A
1918-16-7
(usl1)
RESULT
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
EPA
METHOD
531.1
531.1
531.1
531.1
505
525.2
531.1
515.1
505
531.1
525.2
s25.2
525.2
(ts/L)
Lab MDL
2.0
1.0
2.0
2.0
0.075
0.2
2.0
0 .15
0.055
0.5
0.2
0.2
0.2
(usl1)
BLAI\TK
RESIILT
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
a
u
u
r
I
CONTAl"lI
UNREGULATED ORGANIC CHEMTCALS - .VoCs
1, 1, 1, 2 -TeLrachl_oroethane
X; i: i;l:;il::i:;::::.""
a, 2, 3-Trichloropropane
1 -Dtchloroethane
1-D:chl-oropropene
CAs#
75-31-3
q<2-qc_r
530-2C-5
79-34-5
87 -6a-6
96-18-4
(us/1)
RESULT
BDL
Dnr
BDL
BDL
BDL
BDL
EPA
METHOD
E' A '
5r4 2
ca A a
5r4 2
524.2
504.1
(usr/1)
Lab MDL
0.5
0.5
0.5
0.5
0.5
0.050
(ugl1)
BLANK
RESULT
BDL
BDL
BDL
BDL
BDl- ,?
=N4fr'
T Meering The Analytical Challenges Of A Changing World Since I96l
t
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PAGE 4
LABORATORY NUMBER COOOO42 PWSID# Not App
BARRINGER L ABORATORI E S, /ATC
15000 w. 6T H AVE., SUITE 3OO GOLDEN, CO 80401 l3c3\ Zn'16s7 FAX (303) ?77'1689
I,NREGULATED ORGANIC CHEMICALS - -VOCs ( CONT . )
(us/1)
EPA (ugr/l) BLAIIK
METHOD Lab MDL RESITLTAMTNANI
2 , 4 -Trimethylbenzene
, 3 -Dichloropropane
[nr:*:::"'n""'
ChloroeEhane
flrloromethane
]u,o*o*.:1i".Di chlorodi f luorme thane
Fl-uorot ri chLoromethane
f;;;;;ii;;;;;;==-=
m-Di- chlorobenzene
J::;ll*::",.
n- Propylbenzene
J:li:::::i::::p - IsopropylEotuene
Sec -butvlbenzene
]=.-t "tvibenzene
cAs#
95-63-6
142-28-9
542-75-6
L08-57-8
590 -20 -7
l-08-85-l-1
74-97 -5
7 4-95 -4
75-00-3
7 4-87 -3
'74-95-3
75-'7t-8
75-69-4
87 -66-3
98-82-2
541-73-1
97 -20 -3
104 - 51- I
103-65-1
9s-49-8
t05 - 43 -4
25t55-15-1
135-98-8
98-05-6
(ug/1)
RESTILT
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
q)L ) o q
5r-2 oJ
524 .2 0.5
524 .2 0.5
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
l-, 3 -Dichloropropene
f. : . s -Trimechvlbenzene
!. , -rr"t loronrooane
Bromobenzene
524.2
524.2
524.2
524.2
524.2
0.5
0.5
0.5
1.0
1.0
524.2 1.0
524 .2 0 .5
524 .2 1 .0
524 .2 0.5
524 .2 0.5
524.2 0.s
524 .2 0.5
cl4 - n E
w *
M *)za . z v . J
SrrJ O.5
524 .2 0 .5
524.2 0 .5
524 .2 0 .5
524.2 0.5 BDL
ICodes
F=
BDLt:
t
I
Used:
Not Tested for Compound
The analyte is found in the associated blank as
= Indicates t.hat, the compound was analyzed for,
MDL = Laboratory Met.hod Dectection LimitIndicates the presence of a compound that meets
criteria but the result is less than Lhe sample
and greater than the Lab MDL.(Above the Lab MDL but below the PQL. )
well as ln the sample
but was bel-ow the Lab MDI-.,.
the identificationquanitation limit and
L RESULTS TO: Coioracio DeDarEmenE
Meetin
r
I
4 /4 "a
udLe r
of Heal.ci:, wQCD-Dw-.2, 43OO Cherr)'Creek Sout.h, Denver. CC 80222-1530
, dL"fr
gThe Anah'rical Challenges Of A ChctngingWorld Since 196l \-; rN"\ '
Approved TiLIe
I
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t
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ATTACHMENT F
I pRopERTy owNERs wrrHrN 2oo FEET
I
I
I
I
I
I
lr
lr
lr
lr
lr
l:
l:
lr
lr
t:
ST. FINNBAR. 1998 PRELIMINARY PLAT
HCE PROJECT NO. 89074.08
ADJACENT PROPERTY OWNERS
IIIARCH 23, 1998
Rechecked NIay 20, 1998
2393-36t-00-005
Ranch at Roaring Fork Homeowner's
Association
Carbondale, CO 81623
2463-011-00-016
Coffman, Rex A. & Joann G.
1837 County Road 100
Carbondale, CO 8 1623 -9532
2391-3 l3-00-025
Smith. Caroly'n & Eric
c/o Smith & Nletalitz LLP
1747 Pennsylvania Avenue NW
Washington D.C. 20006-4604
2391-313-00-026
Crowley, A. Stephen & Janice R.
2621 County Road 100
Carbondale, CO 8 1623-9534
239r-3 r3-00-027
Williams, J. Winston
8076 County Road I 13
Carbondale, CO 8l 623 -9667
239r-313-00-028
Mann, Scott K. & Quintana,Victoria
2727 County Road 100
Carbondale, CO 8 I 623 -9534
2391-311-00-01I
Gilligan, William J. & Jayne M.
3400 Adams Road
Oak Brook, lL 60523 -27 08
239r-312-00-023
Trettin, Henry &Lana
1299 Ocean Avenue
Santa Monica, CA 90401-1038
239r-312-16-011
Rothe, Emanuel W. & Margaret J.
478 Stagecoach Lane
Carbondale, CO 8 1 623 -9562
239r-3t2-16-012
Tucker, Robert E. & Glynn B.
369 Stagecoach Lane
Carbondale, CO 8 I 623-95 1 5
239r-312-16-013
Garwood, Vicki R. & Jerry D.
-l8l Stagecoach Lane
Carbondale, CO 8 I 623-95 I 5
2391-312-16-014
Costanzo, Michael T. & Luanne D.
477 Stagecoach Lane
Carbondale. CO 81623-95 15
239r-312-16-015
Tindall, John A. & Susan K.
P.O. Box 2014
Glenwood Springs, CO 81602-2014
Bureau of Land Management - Glenwood
Springs Resource Area
50629 U.S. Highway 6 &.24
Glenwood Springs, CO 81601
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ATTACHMENT G
TITLE COMMITMENT
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7B8I STEIdART TITLE 6 o2
f$rl Gar. IJED
ALTA OWNER'E POLICV
RLH/kut
*.HEDULE A
Order No.: 16zZg-C
Date of Poticy:lrJ6sember 20, 1989 At 2t46 P.M.
l. Name of lneured:
S'r. E'INNBAR LAI'ID COIiPANY, A C0L0RN)0 C0RPORATION
2. The oststo or lnteroot ln the land whlch le covered by thlo pollcy ls;
FE SII,IPLE
3. Tltla to the ostato or lntoreBt ln the land le YoBtod ln:
sr. FrlIl.lBAR LAND COttPAl{Y, A COLoRAD0 CORPORATION
4. The land reforred to ln thls pollcy ls descrlbed as tollows:
SEE PAGE 2A
Tq 074'col
Pollcy No.: 0-9941-321855
Amount of lnsurance: S 1 , OO0 ,000 .00
STI''IryAIT'T TITI,I.:
GUATAN'Y CO'{P^I{'
Ploc 2
'$1'eo-4
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A2/87/94 12:48 i8 3A3 945 TAAI STEUERT TITLE G
ORDEB NO. t 16779-G
Attach€d to and made a part of Stewarl Tltls Guaranty Company Pollcy No. O-9g41-3Zlg5E
Contlnuatlon of Sohedule A_No. 4
A pareel of land sibuabed ln LoEa 6, L2,13 and 19 af Sectlon 3I,
Townshlp 7 $ouEh, Range 87 9{eaE of the Strth Prlnctpal Merldlan,
Gerfteld CounEy, Coloiado. Said parcel belng more parblcularly
descrlbed as follows r
Beginnlng aU a rebar and cep marked L.S. 19598, whence the wlbness
corner to the northeaet corner of saLd Sectlon 31 beers North
+1o08'0{" Eaet, 3203,06 feeLl
thenee Souttr l-]-o 37 ' 2? " }lest , 1304 . 69 f eet i
thence Soubh 7.3a 40' 24 " 9Ie Bt , B0 . 58 f eet ,
Ehence Bouth 35004'45" West, 85.16 feet to the centerllne of the
Roarlng Fork Rlverl
thence bhe followlng elght couroeo along sald cenLerllne of rlver:
I) North 65057'30" West, 56,75 feeb,
Zl North 63o59'48" Weet , 3L9.32 f eet,,
3 ) Nort,h 66o50' I8" k'lest, 203.39 f eet,
4t North 75033'2L" 9[eet, 272.62 feeL,
5) North 84025'ZO" Weab, 7,57.22 f eeL,
6) North 87o41'19" WeEb, 223.18 feeb,7\ North 88o30'35" lilegb, 346.12 feet,
B) NorEtr 65o59'25" t{esb, 120.15 feeE,
bhence leavlng sald centerllne North 00o30'00" lilegb, ?.33.20 feeL;
bhence South 88631'40" }Iecb, 499.89 f eebi
thence North 00o00'33" Eagb, 1273.Og feet;
bhence Norbtr 89o1I'07" EasE, 47L.38 fcet;
Lhence Nort,tr 00 " 00 ' 18 " East , ZBZ.L7 f eet,
L,hence Bouth 76q 47'40" East, 1038.73 fcet;
thence South 1"3o12'20" Wesbf I?0.00 feet;
t,hence South 810 0l' 17 " East , 285,92 f eab;
thence South 41030'29" East I A9.74 feet;
[hence South 6?"4a'46" East, 375.98 feet;
thence South 7?o44'52" Eagt, 317.09 feet;
thence Souih 72o4L'3?" EaEt,136,34 f,eeb to the polnL of, beglnnlng'
COUIITY OF GARF'IELD
STATE OF COLORADO
\J
ot. o\
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Paga -.-
Fi'l' ll\YA ll'l"l'I',l'L ll
atrl r ll Jt !{Tl l'lrta Pr !, r
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g2/A7/98 t2!48
ALTA OWNER'9 POLICY
0RDER N0' r I6779-G
a 343 '"= ,W
srEUqRr rIrLE G
1y
6CHEDULE B
PolicY No.: 0-994I-321855
This policy.doos not insuro against loee or damoge (and tlre company will rrol pay Costs' Ettornoys'
loes or expeneeelwhich ariga bY reason of :
l. Rights or claims ol parties in possession not showri by the public rocord6'
2. EasementE. or claims of oagements, not ghown by the publlc records'
3, Diecrapanciss, conlllcts ln boundary lines. shortago in area, 6ncroachrnents' and any {acie whiclr
a correct survey and inspection oI the premiaos would dlaclose anrj which ala nol shown by tlre
publlc rocords.
4. Any lien, or riglrt ro a lien, lor servicee. labor or
imposed by law and not shown by tho gublic recordS'
matOrial heretolore or harealtsr furnlshed,
./ -/
-.l:l)
6.Theeffecbofinclusl.onelnanygenera}orBpecl,flcqlaterconserveflclr flre proU"ctIo", -toif conservetlon or othe'.
dlgErlct oi: tncluelon rn any water setrvlce or streeb
lmProvemenb 6.8€e.
1. Rtght Of the proprletor of e veln or lod,e Eo exbract and remove
hls ore thereirom, atrouLl-t[e-silne be-found to peneErete or
lntergect bhe premtaes frerily"granted,-.J- i"'erved ln Unlted
SUatea PaEenbs'recorded ag followal -
RECoRDHJ
entr. res{JEtrEu -- B0oK/PAGE REcEPrroN N0'
FebruarY 19, 1915 7Ll6O3 51238
AuguBb LL, 1894 LZt333 17568
June 24, rB95 lztrca 18504
B. Rlght of eray for dlbchea or canala conetructed by the authorlty
of the Untbld gbabes, a; iiservea ln ilntted SEabea PaEents
5. Any and all unpeld baxes and aoBeasmenta
tax gales '
and anY unredeemed
RECEPIION NO.
17568
18504
!{ T II1,v/1. Il'l' I' I',r [, l':
ouAraHtt (:lrrPallv
recorded aE followst
RECORDED
Auguat IIr 1894
June 2+, 1895
BOOK/PAGE
1.2 / 333
L2 I 764
s. Easement and rishb of -wav for plpe-"1;":Ti";;: i"o"ililli:-t"[;;t t i{ounbain ilaturar Gas Gonpanv'
Company of Colorado by i.,"ttu*Ent-reloii"O-O"tofer 19' 1961
in Book 337 aE page 235-;;-nec-"iitil-N;' irra:g' in which
specif tc io"I[rl"',"r ttre-eaieneirb la not def lned'
10' 3?:;li[:,?lt !1fl]'pl:n:ll"':; ;]:ii:l",:'frli]*3;li:'";lectrtc r/Aseociaulon, rnc' bI cJtiiua" i' 'ru"ni"i-ui-in"tfymenE recorded
Jury r3, igiz-i"' no6r<,i3;-i[-p*g" rii-ir-ireiept,lon No . zs44e4,L
ln whlch specif 1c ro..ilon.qr.ti^e.eei".olint "ts-npi-..{.et'ln'e$': """ '
I 11. T:'16l;'il"i"3il ;Bl'll'Blrl"r['l:"f;:l:;.tll"ft::'iinliElrded
Aprir
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Rl'l rnrr 6 f,7t
See Contlnuatlon Page
Pago 3
o5Ig2/97 /99 L2z 49 g 303 943 76e I STEtTIART T I TLE G
I oRDER No. :16'179-Gr o -ss4..-3ztsBs
Atrached to and made a part ol stewart Tltle Guaranty company Policy No'
I contlnuatlon ol Schedulo B
I Lz, Rlght of way for the unlnberrupged frow of ttre Roarlng
Fork Rtver.
I 13. Rlght of wey for Ehe unlnberrupbed flow of Brue creek.
r 14' Ii::: ;l ffi"":";:I;"lr'Be:Ifr3:;u.::"xil{ !ff:-r}:"i;}",H;TlatronI ilok'6S'e at page eSA ia Recepblon No. 355739,
I 's' E::H,t3u"i"fllE':li 8["'H"tf iE.i3l;'E"Fl!['*,3[3!*"!:!-',:""I il"""f"bton rne., ;;-recorded ocbouer ZZ-, 1986, ln Booh 697 at Page
516 as RecePblon No' 375558'I
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!{'l'Elfrt ll'l' 'l'I'l'f ' I'l
arurnrirY a'lrllrl$r'
Recorded at o'clock M.
RECORDING REQIJESTED BY:
WHEN RECORDED RETIJRN TO:
Ronald Garfield, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
TABLE OF CONTENITS
l.DECLARATION - PURPOSES1.1 General PurposesL.2 Declaration
2. DEFINTUONS AND AREA DESIGNATIONS2.1 Annual Assessments2.2 ApprovalResolutions2.3 Articles2.4 Assessments
2.5 Assessment Lien2.6 Association2.7 Board or2.8 Common
Board of Directors
Expenses2.9 County
2.IO CCIOA2.ll Declarant
2.12 Declaration
2.13 Development Activity Envelopes
2.14 Development Guidelines
2.L5 Eligible Morrgage Holder
2.16 Lot or Lots
2.17 Member or Members
2.18 Mortgage
2.19 Mortgagee
2.20 Mortgagor
2.21 Open Space or Open Space Areas2.22 Owner
2.23 Plat
2.24 Road
2.25 Site and Architectural Review Committee2.26 Special Assessments
2.27 St. Finnbar Farm
2.28 Wetland or Wetland Areas
3.
4.
ST. FINNBAR EXEMPT FROM CCIOA3.1 Exemption From CCIOA
ASS OCIATION MEMBERSHIP4.L Formation of Association4.2 Board of Directors and Officers
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44.3 Association Rules
4.4 Limited Liability
4.5 Membership
4.6 Voting
4.7 Binding Effect
4.8 Enforcement...
4.9 Powers of the Association
4.10 Notice to Maintain .
4.lI Mechanics'Liens
5. ARCI{ITECTURAL CONTROIS
5.1 Site and Architectural Review Committee5.2 Authority
5.3 Preliminary Review
5.4 Final Approval
5.5 Building Permits.5.6 Variances
5.7 General Standards
5.8 Rules and Regulations
5.9 Site and Architectural Review Committee Not Liable
5.10 Written Records
5.11 Inspection and Compliance
6. ASSESSMENTS
6.1 Purpose of Assessments; Assessment Lien6.2 Annual Assessments6.3 SpecialAssessments
6.4 Rate of Assessment
6.5 Establishment of Annual Assessment Period
6.6 Effect of Nonpayment
6.7 Assessment Lien
6.8 Priority of Lien
6.9 Statement From Association
6.10 Assessments for Tort Liability
7. INSURANCE
7.L Types of Insurance
7.2 Named Insured and Interests
7.3 Insurance Proceeds
8.GENERAL RESTRICTIONS
8.1 Residential Uses8.2 Approval Resolutions
8.3 Wetland Areas
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8.4 Mapping
8.5
8.6
8.7
8.8
8.9
8.10
8.11
8.t2
8.13
8.14
8.15
8. 16
8.17
8.18
8.19
8.20
8.21
8.22
8.23
8.24
8.25
8.26
8.27
8.28
8.29
Permitted Activity Within Open Spaces
Dogs
Other Pets
Horses
Other Livestock
Further Subdivision
Boundary Line Adjustments
Utilities
Enclosure of Unsightly Facilities and Equipment
Satellite Dishes
Hunting and Firearms . .
Drainage and Erosion Control
Pest Control . .
Noxious or Offensive Activity
No Mining, Drilling or Quarrying
Irrigated Iands
Completion of Construction
Fireplaces
Driveways
Damage by Owners
Fence Criteria
Sewage Disposal Systems
Limits on Vehicles
Signs
Compliance with Permits
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9.EASEMENTS AND RIGHTS RESERVED9.1 Easements Described on Plat9.2 Development of St. Finnbar Farm9.3 Ditch Easements
9.4 Utility Easements
9.5 Fire Protection
9.6 Operations Easements9.7 Emergency Access Easement
9.8 Road Easement
9.9 Easements for Central Sewer and Water Systems
9.10 Easement and Fence Maintenance Obligation
9.11 Fishing Easement
9.12 Ownership of Easements
10. WATER RIGHTS
10.1 Individual Wells
L0.2 Basalt Water Conservancy Contracts
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10.3 Water Rights Reserved
12.
10.4 No Impairment of Water Rights by Owners
11.VARIANCES FROM DECLARATIONll.1 Variances
TERM, AMENDMENT AND TERMINATION OF COVENANTSl2.L Term
12.2 Amendments
12.3 Rule against perpetuities
12.4 Termination
L2.5 Disbursement of proceeds
13.CONDEMNATION
13.1 Condemnation of Association property
MISCELLANEOUS
l4.l Interpretation of the CovenantsL4.2 Claims Regarding Declarant14.3 Sales Activity
14.4 Conflict with plats
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14.
14.5 Rights of Eligible Morrgage Holders14.6 Provisions Incorporated-in neeOs . .14.7 Number and Gender
14.8 No Public Dedication
L4.9 Notices
14.10 Colorado Law
14.ll Disclaimer
14.12 Designation of Successor
14.13 Severability
14.14 References to County Standards
14.15 Run with the Iand
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DECLARATION OF
PROTECTTVE COVENIAIYTS FOR ST. FINNBAR FARM
PTTKIN COUNTY, COI0RADO
1. DECLARATION - PURPOSES.
1.1 General Purposes. St. Finnbar Land Company, a Colorado corporation
("Declarant"), is the owner of certain real property located in Garfield County, Colorado,
known as St. Finnbar Farm. Declarant intends to develop said property as a private
residential community. Declarant intends that all owners, trust deed beneficiaries,
mortgagees and any other persons or entities now or hereafter acquiring any interest in
St. Finnbar Farm shall hold such interests subject to the rights, privileges, obligations
and restrictions set forth in this instrument.
1.2 Declaration. To further the purposes herein expressed, Declarant for
itself, its successors and assigns, with respect to St. Finnbar Farm as shown, defined and
described on the Plat thereof recorded in plat Book _ at page of the real
estate records of Garfield County, Colorado, does hereby declare that all said lands shall
at all times be owned, held, used and conveyed subject to the terms, provisions,
conditions and restrictions contained in this instrument, which terms, provisions,
conditions and restrictions shall constitute covenants running with the tand and shall be
binding upon and inure to the benefit of Declarant and to any person or legal entity
acquiring an interest in St. Finnbar Farm.
2. DEFINTUONS AND AREA DESIGNATIONS.
2.1 Annual Assessments shall mean the charges levied and assessed each year
against al-ot pursuant to Section 6.2 below.
2.2 Approval Resolutions shall mean Garfield County Approval Resolution No.
captioned "_
2.3 Articles shall mean Articles of Incorporation and any amendments thereto
for St. Finnbar Homeowners Association, a Colorado nonprofit corporation.
2.4 Assessments means both Annual (or regular) Assessments and Special (or
extraordinary) A ssessments.
2.5 Assessment Lien means a lien against a I-ot in favor of the Association to
secure payment of Assessments, fines or other amounts due the Association.
2.6 Association means St. Finnbar Homeowners Association, a Colorado
nonprofit corporation, formed and incorporated to be and constitute the Association to
which reference is made in this instrument. The puqpose of the Association shall be to
further the common interests of owners of Iots within st. Finnbar Farm.
2.7 Board or Board of Directors
Association.
means the governing board of the
2'8 Common Expenses means estimated expenditures to be made or actualexpenditures made by or on behalf of the Association, togrtt.r with any allocations toreserves or sinking funds.
2.9 County shall mean Garfield County, Colorado.
2'10 CCIOA means the Colorado Common Interest Ownership Act as from timeto time amended.
z.Ll Declarant means St. Finnbar Iand Compmy, a Colorado corlrcration, andany party designated as a successor or assign of the beciarant by a written instrumentduly recorded in the real estate records of Garfield County, Colorado. Such instrumentmay specify the extent and portion of the rights or interests
'being
assigned by Declarant,in which case St. Finnbar Land Company st att retain all other rigtrts ir noi"ont not soassigned.
2.12 Declaration means this Declaration of Protective Covenants for St. FinnbarFarm as recorded in the real estate records of Garfield County, Colorado, and asamended from time to time.
2'L3 Deve.loompnt Activity Envelopes means areas within a Iot as designatedby Declarant or SARC where homeJ, accessory structures and other development activityshall occur. No deyelgrmelt activity or changes in natural conditions r.y-o..u, outsideDevelopment Activity Envelopes unlLss allowed pursuant to the terms of this Declaration,the Approval Resolutions or the plat.
2.14 Development Guidelines means guidelines that may be adopted by the Siteand Architectural Review Committee to providt site and develoiment design criteria topersons desiring to build homes or to construct other improvements or carry on any otherdevelopment activity on Lots.
2'15 Eligible Mortgage Holder shall mean the holder of any first priorityMortgage encumbering a tot that has given written notice to the Association of saidMortgage. Such notice shafl include a true copy of the Mortgage as recorded.
2'16 Iot or Iots means fee ownership subdivided parcels of land designated bynumber on the Plat.
2'L7 Member or Members means either: (a) Owners who are Members of the
Association and who, by virtue of such ownership, are entitled to Class 'A'
memberships, or O) the Declarant as holder of a Class uB' membership in the
Association, all as provided in Section 4.5 below.
z.LB Mortgage means any mortgage, deed of trust or other security instrument
creating a real property security interest in any Iot, excluding any statutory, ta:r or
judicial liens.
2.19 Mortgagee means any grantee or beneficiary of a Mortgage.
2.20 Mortgagor means any grantor or trustor of a Mortgage.
2.21 Open Space or Open Space Areas means areas as shown on the Plat where
no development activity or changes in natural conditions shall occur except as otherwise
provided in this Declaration, the Approval Resolutions or the plat.
2.22 Owner means the person or persons or legat entity holding record fee
simple tifle to a Iot. The record title holder of a Iot shall be treated as the Owner
thereof for all purposes.
2.23 Plat shall mean the subdivision Plat for St. Finnbar Farm recorded in PlatBook at Page of the real estate records of Garfield County, Colorado, and
any amendments thereto as may be duly approved by the County.
2.24 Road means St. Finnbar Drive as shown on the plat.
2.25 Site and Architectural Review Committee, sometimes referred to as the
SARC, shall mean either the Board of Directors or a committee appointed by the Boardof Directors of the Association for the pulpose of reviewing and appioving any
improvements or changes to lands within St. Finnbar Farm.
2.26 Special Assessments means any special orextraordinary Assessment levied
and assessed pursuant to Section 6.5 below.
2.27 St. Finnbar Farm means all the property shown on the Plat consisting of
nine (9) residential Lots.
2.28 Wetland or Wetland Areas means transition zones such as swamps and
marshes between the Roaring Fork River and terrestrial areas of St. Finnbar Farm.
Where required by law or if the Association desires, Wetlands Areas shall be determined
in accordance with the federal Clean Water Act as amended and rules and regulations
promulgated thereunder. Activities that may occur within Wetland Areas are regulated
by the U.S. Corps of Engineers (the "Corps") and no such activities shall occur unless
all necessary permits or approvals from the Corps, County and SARC, as applicable,
have first been obtained. Permits necessary for access across Wetlands Areas to Iots
have been obtained as more fully set forth in Section 8.29 below.
3. ST. FINNBAR EXEMPT FROM CCIOA.
3.1 Exemption From CCIOA. Defined terms used in this Section 3 consisting
of 'Planned Community', "Development Rights" and "IJnits" shall have the definitions
set forth under CCIOA. St. Finnbar Farm is a Planned Community consisting of nine
(9) residential Units not subject to any Development Rights. Accordingly, St. Finnbar
Farm is exempt from CCIOA other than the provisions of Colorado Revised Statutes 38-
33.3-105, 106, and 107. Notwithstanding the preceding, by resolution of the Board or
at the request of any Members, a meeting (which may be either an annual or special
meeting) of the Association shall be held in accordance with procedures set forth in
Colorado Revised Statutes 38-33.3-118 or any subsequent amendments thereto to elect
treatment of St. Finnbar Farm under CCIOA. Any election to accept treatment under
CCIOA shall be approved by the requisite number of votes as required by CCIOA or any
subsequent amendments thereto which requirement is presently two thirds (2t3) of the
votes of the persons present in person or by proxy at a meeting called for such purposes.
4. ASSOCIATIONMEMBERSHIP.
4.L Formation of Association. The Association shall be a nonprofit Colorado
corporation charged with the duties and invested with the powers prescribed by law and
as set forth in its Articles, Bylaws and this Declaration. In the event of any conflict or
inconsistency between the provisions of this Declaration and the Articles or Bylaws, the
provisions of this Declaration shall govern and control. Further, neither the Articles nor
Bylaws of the Association shall, for any reason, be amended or otherwise changed or
interpreted so as to be inconsistent with this Declaration.
4.2 Board of Directors and Officers. The affairs of the Association shall be
conducted by the Board and such officers as the Board may elect or appoint in
accordance with its Articles and Bylaws as the same may be amended from time to time.
The Association by and through the Board shalt govern and manage all property owned
by the Association and shall enforce the provisions of this Declaration. The initial Board
shall be composed of three members. The Board may also appoint various committees.
Declarant shall have the right to appoint and remove members of the Board until the
closing on the sale (i.e., recording of the deed) of six (6) I-ots. By instrument signed
by Declarant and duly recorded in the real estate records of Garfield County, Colorado,
Declarant may sooner relinquish this right to appoint and remove members of the Board.
4.3 Association Rules. The Association may from time to time adopt, amend
and repeal rules and regulations to be known as the "St. Finnbar Farm Aisociation
Rules" by a majority vote of the Board. The purpose of the Association Rules shall be
to implement, supplement or otherwise carry out the purposes and intentions of this
Declaration. Association rules and regulations shall not be inconsistent with this
Declaration.
4.4 Limited Liability. Neither the Association nor its past, present or future,officers, directors, nor any other employ€, agent or committee member of theAssociation shall be liabte to any Owner oi to any other person for any damag e, act,
omission to act, simple negligence or other matter of any kind or natur6, except gross
negligence. Without limit to the foregoing, the Association and the go"ra shall not be
fable 1o -y party for any action or for any failure to act with respect to any matter if
the action taken or failure to act was in gooa fAtfr and without malice. Acts iaken upon
the advice of legal counsel, certified public accountants, registered or licensed engindrs,
lgfitecls, lurveyors or other professionals shall conclusiiely be deemed to be in goodfaith and without malice. To the extent insurance carried Uy ttre Association for suchpurposes shall not be adequate, the Owners severatly agree toindemnify the Associationor Board against loss resulting from such action br faiture to act, provided that theAssociation and the Board acted or failed to act in good faith and without malice.
4.5 Membership. This Association shall be a membership association withoutcertificates or shares of stock. The members of the Association shall be: (i) thosepersons or entities, including Declarant, who are the Owners, from time to time, of Iotsin St. Finnbar Farm as shown on the Plat, and (ii) Declarant, as to a special membership,after it shall cease to be the owner of any I-ots in St. Finnbar Farm. Other thanDeclarant, membership in the Association shalt automatically terminate when an Ownerof a Lot ceases to be the owner thereof. There shall be two classes of membership inthe Association: (i) owners of I-ots I through 9 shall have a class ,,A', votingmembership, and (ii) Declarant shalt have a clasi "B" nonvoting membership that shaf
be activated at such time as Declarant ceases to be the owner of *y I-ots and may berelinquished at any time thereafter upon written notice to the Association.
4.6 Voting. A Class "A" Member shall have one (1) vote for each Lot suchMember may own. The affirmative vote of a majority of Members present at a duly
gonsti]yted meeting shall, unless otherwise provided in this Declaratioi or the Articles,
be sufficient to take any action or transact any business. Where there is more than onerecord Owner of a Lot, the several record Owners of such Ipt shall be required todesignate, by prior written notice to the Association, the particular Owner who shall castftt 9-19 vote appurtenant to that Lot. If the several Owners of any Lot are unable orunwilling to designate a particular Owner to vote, then the membership appurtenant tothat Lot shall not be entitled to vote on any Association affairs until such disignation ismade. Subject to the right reserved in Declarant as set forth in Section 4.2 above toappoint and remove members of the Board, in any election of the Board, every Ownerentitled to vote (multiple Owners of one Iot being-entitled collectively to one vote) shallhave a number of votes for each Lot owned timei the number of Board members to beelected. The candidates receiving the highest number of votes, up to the number ofBoard members to be elected, shall be dCmed elected.
4.7 Binding Effect. Each Owner, his lessees, their families and guests, the
heirs, successors or assigns of an Owner, or any Mortgagee, and any other persons using
or occupying a Lot, shall be bound by and shall strictly comply with the provisions of
this Declaration, the By-laws, the Articles, any deed restrictions and covenants and all
rules, regulations and agreements lawfully made by the Association.
4.8 Enforcement. The Association and Declarant shall each have the right and
power to bring suit in their respective names for legal or equitable relief for any lack of
compliance with any provisions of this Declaration or rules promulgated by the Board
or SARC. In addition, the Association shall have the right to impose on any Owner
monetary fines for any lack of compliance with provisions of this Declaration or rules
promulgated by the Board or SARC and where such fines are not paid within the time
provided, such fines shall become an Assessment and secured by an Assessment Lien.
The failure of the Association or Declarant to insist upon the strict perfonnance of any
such provisions or to exercise any right or option available to it, or to serve any notice
or to institute any action, shall not be a waiver or a relinquishment for the future of any
such provision or the enforcement thereof. Any Owner aggrieved by a lack of
compliance by another Owner may also bring suit for legal and equitable remedies. If
any court proceedings are instituted in connection with the rights of enforcement and
remedies provided in this Declaration, the substantially prevailing party shall be entitled
to reimbursement of its costs and expenses, including reasonable attorneys' fees, in
connection therewith.
4.9 Powers of the Association. Each Owner agrees that the Association has
all the powers granted it by the Colorado Nonprofit Corporation Act and any
amendments thereto or replacements thereof. Such powers shall include, without
limitation, levying Assessments against Owners, imposing a lien on I-ots for any unpaid
or uncollected Assessments, fines or penalties, and foreclosing any such liens, enforcing
any deed restrictions and covenants, acquiring, holding, owning, leasing, mortgaging and
disposing of property, the adoption of rules and regulations, the defending, prosecuting
or intervention in litigation on behalf of all Members, the borrowing of monies for
Association pulposes and the right to pledge future income in order to secure such
borrowings. The term "pledge future income" shall include the right to impose a Special
Assessment for repayment of such borrowings and to assign such Special Assessment
(and all lien and collection rights appurtenant thereto) to the lender as security for
repayment thereof. The Association may exercise any other right, power or privilege
given to it expressly by this Declaration, the Articles and By-laws, or by law, and every
other right, power or privilege reasonably to be implied from the existence of any right,
power or privilege given to it herein or reasonably necessary to effectuate any such right,
power or privilege.
4.10 Notice to Maintain.An Owner shall immediately report to the
Association, in writing, the need for any maintenance, repair or replacement which is the
Association's responsibility to provide. In the event of any disagreement as to the need
for or the responsibility of the Association to provide the said maintenance, repair or
replacement, the good faith decision of the Board shall be final.
4.ll Mechanics' Liens. Declarant shall be responsible for the release of all
mechanics' liens filed with respect to the Association property, or any part thereof, if any
such liens arise or are alleged to arise from labor performed or materials furnished at the
instance of Declarant, its agents, contractors or subcontractors. Except as the result of
labor performed or materials furnished at the instance of the Association, no labor
performed or materials furnished with respect to Association property shall be the basis
for filing a lien against any Association property. No labor performed or materials
furnished at the instance of the Association shall be the basis for filing a lien against any
Lot unless such labor is performed or materials are furnished to correct a violation of this
Declaration, actual or threatened by such owner, and under such circumstances the lien
shall be limited to the Int of the Owner in violation of this Declaration.
5. ARCHITECTURAL CONTROLS.
5.1 Site and Architectural Review Committee. The SARC shall be composed
of at least three (3) natural persons appointed by the Board. Persons serving on the
SARC shall serve at the pleasure of the Board. The Board may remove a member of the
SARC and appoint a new member at any time, provided there shall at all times be at
least three (3) persons serving on the SARC. The members of the SARC may or may
not be Board members or Owners and may include one or more professionals such as an
architect paid by the Association to perform such services. The SARC shall have and
exercise all the powers, duties and reslrcnsibilities set out in this Declaration. The SARC
may at the expense of the Association hire any professionals or a secretary or other
personnel to perform administrative, clerical and other functions. So long as Declarant
elects a majority of the Board of the Association, then Declarant may also act as the
SARC hereunder.
5.2 Authority. Except as otherwise provided in this Declaration, no
improvements of any kind or changes in the natural condition of any property including,
but not limited to, the construction of dwellings or other structures, outbuildings, well
enclosures, pipelines, fences, grading, planting, roads, driveways, antennae, satellite
dishes, flag poles, signs (except those signs permitted under Sections 8.28 and 14.3
below) or the like, shall be erected, altered or permitted to remain on any Lots, or
elsewhere on St. Finnbar Farm, nor shall any excavating, clearing or landscaping be
done thereon unless complete architectural plans and specifications and a site plan
showing the location and orientation for such construction or alterations or landscaping
are approved by the SARC prior to the commencement of such work. Any work
performed by or on behalf of Declarant to any of St. Finnbar Farm including, but not
limited to, construction of amenities, subdivision infrastructure and the like, shall not
require approval of the SARC.
5.3 Preliminary Review. Owners, persons contemplating the purchase of Iots
or other entities who anticipate constructing improvements on lands within St. Finnbar
Farm may, but shall not baobligated to, submit preliminary sketches with a site plan of
such improvements to the SARC for informal comment. A11 preliminary site and
architectural sketches shall be submitted in at least four (4) sets, and shall contain
sufficientgeneral information to allow SARC to act intelligenfly in making any comment.
The SARC shall not be bound by any comment, opinions or other communications given
hereunder.
5.4 Final Approval. At least four (4) complete sets of the architectural and
site development plani and specifications shalt be submitted to the SARC along with a
complete liit of atl materials and colors to be used. At the request of SARC, samples
of materials and colors shall also be provided. All copies of the complete plans and
specifications shall be signed for identifrcation by the Owner or his architect. The SARC
shall hare the right to request whatever additional specific information, plans,
specifications, reports and the tike it deems necessary to evaluate the development
proposal throughout the approval and construction process. The SARC shall certify to
-the-Owner, in writing, wlien the submittal is complete. IF within thirty (30) days after
submitting plans and specifications and a list of materials and colors, SARC has not
advised an O*ner in writing that the submission is incomplete and what shall be required
to complete the submission; such submittal shall be deemed to be complete. The
majority vote of the members of the SARC shall be required for approval of plans;
prwided, however, that in the event the SARC fails to take any action within sixty (60)
days after four (4) copies of the complete architectural and site development plans,
specifrcations, materials and colors have been submitted to it and the submittal has been
deemed complete or certified in writing by the SARC as complete, all of such submitted
architectural plans shall be deemed to be approved. The SARC shall not unreasonably
disapprove arihitectural plans. The SARC 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.
5.5 Building Permits. An Owner may apply for a building permit from the
County at any time; prwided, however, the plans submitted to the County shall not differ
in anyway from the plans approved by the SARC. If the plans submitted to the County
differ in any way from the plans approved by the SARC, all approvals of the SARC shall
be deemed automatically revoked.
5.6 Variances. The SARC may, by an affirmative vote of a majority of the
members of the SARC, allow variances as to any of the Development Guidelines or the
policies, rules or regulations promulgated by the SARC, on such terms and conditions
is it shall require. The SARC may, by unanimous vote, allow variances as to any of the
architectural controls set forth in Section 5 of this Declaration. Further, any matter
requiring a variance from any County land use regulations, building or zoning regulations
*rdt Aso require an approval from SARC. Each Owner shall be given written notice
not less than fifteen (15) days in advance of the date of any meeting of SARC where a
request for a variance will be considered and such notice shall also include a copy of ttre
application and other information submitted in support of the variance request.
5.7 General Standards. The SARC shall evaluate, among other things: (i)
the materials to be used on the outside of buildings or structures, (ii) exterior colors, (iii)
harmony of architectural design with other structures within St. Finnbar Ranch, (iv)
height and other design features, (v) location with respert to topography and frnished
grade elevations, (vi) harmony of landscaping with the natural setting and native
vegetation, (vii) consist€ncy with the Development Guidelines, and (viii) impacts on
wildlife, wetlands and riparian areas.
5.8 Rules and Regulations. The SARC may promulgate and adopt rules and
regulations necessary to implement the provisions of this Section 5. These rules and
regulations may include submission requirements concerning the type of information,
reports, plans and specifications and the like which need to be submitted with any
application, as well as site specific limitations or restrictions for any or all of the I-ots.
These rules and regulations need not be uniform for each ht and shall take into account
the unique character of each Lot. By way of illustration only and without requirement
to do so, the SARC rules and regulations may address and the SARC shall have the
power and authority to regulate any or all of the following: application procedures and
processing fees; charges by any outside professionals or other costs incident to evaluating
any application, bonds in the form of cash deposit, letter of credit or otherwise regarding
damage to the Road or other subdivision infrastructure and for revegetation and
restoration of lands; color and materials, including, but not limited to, roofs, chimneys,
siding, masonry and glazing; setbacks, height limitations, building profiles and driveway
locations; construction staging, construction hours which may be controlled during certain
times of the year, storage for construction materials, location of temporary construction
facilities such as trailers, dumpsters and toilets; routing of utility extensions; drainage,
grading and erosion control; proposed landscape and native vegetation, fencing, lighting,
signage, and trails; concerns or objectives regarding maintenance, preservation or
enhancement of wildlife, wetlands and riparian areas; and privacy and visual
characteristics. Such rules and regulations shall be adopted, amended or replaced by
affirmative vote of a majority of the SARC and the approval of Declarant; however,
Declarant's approval shall no longer be required at such time as Declarant ceases to be
the Owner of any Lots in St. Finnbar Farm and Declarant may, upon written notice to
the SARC, sooner waive and release the requirement to obtain such approval as to any
rules or regulations to be adopted, amended or replaced.
5.9 Site and Architectural Review Committee Not Liable. Neither the SARC,
the Board, the Association nor any of its Members shall be liable for damages to any
person submitting any plans for approval, or to any Owner or owners of lands within the
St. Finnbar Farm, by reason of any action, failure to act, approval, disapproval or failure
to approve or disapprove any plans. The SARC shall have no liability or responsibility
for any representations made to any Owner or prospective owner by any third parties.
The decision of the SARC shall be governed by these covenants and any rules or
regulations duly adopted by the SARC pursuant to these covenants.
5.10 Written Records. The SARC shall keep and safeguard complete and
permanent written records of all approved applications, including one set of the finally
approved architectural and site development plans, and of all actions of approval or
disapproval and all other format actions taken by it under the provisions of this
instnrment.
5.11 Inspection and Compliance. The SARC shall have no duty or obligation
to make inspections of any construction; however, nothing herein shall prevent the SARC
from making inspections prior to or after completion of any construction. Upon the
completion of any work for which approved plans and specifications are required, the
Owner shall give written notice of completion to the SARC. Within thirty (30) days after
recetpt of such notice, the SARC may inspect the work to determine its compliance with
the approved plans. If the SARC finds that the work was not done in substantial
compliance with the approved plans or any construction or change in natural conditions
on any Lot was undertaken without first obtaining approval from SARC, written notice
shall be sent by the Board to such Owner specifying the noncompliance and requiring the
Owner to cure such noncompliance within thirty (30) days or any extension thereof
granted. If the Owner fails to cure the noncompliance or to enter into an agreement to
cure on a basis satisfactory to SARC within said thirty (30) day perid or any extension
thereof as may be granted, the Association may, at its option, cause the noncomplying
improvement to be removed or the noncompliance to be cured. Upon demand, the
Owner shall reimburse the Association for all costs and expenses incurred by the SARC
in taking corrective action, plus all costs incurred in collecting amounts due, including
reasonable attorneys' fees and costs and any amounts not paid shall become an
Assessment and be secured by an Assessment Lien. Notwithstanding any other provision
hereof, the SARC shall not be responsible for: (i) determining that any construction or
construction documents conform to applicable building codes, zoning or other land use
regulations, (iD for the accuracy or content of any construction documents or
specifrcations prepared by any architect, engineer or any other person, (iii) construction
means, methods, techniques, sequences or procedures, safety precautions or subsequent
loss, damage or failures due to soil or any other natural or man-made conditions that may
exist, or (iv) any failure to carry out any construction in accordance with plans or
specifications.
6. ASSESSMENTS.
6.1 Purpose of Assessments: Assessment Lien. All Members of the
Association hereby covenant and agree, and each Owner by acceptance of a deed to a
I-ot, including public trustee or sheriff s deed, is deemed to covenant and agree, to pay
the Association both Annual Assessments and Special Assessments, all such Assessments
10
1l
and charges to be established and collected as hereinafter provided' Annual Assessments
and Special e.*rrrilnir, iog"tf,o with interest, costs, and reasonable attorneys' f."s'
shall be secured by a lien (the "Assertrtnt Lien') on the Lt to which they relate in
favor of the Association, which shall be a continuing servitude and lien upon the I-ot
against which each such Assessment oi.t.rg" it ,"01 The Assessment Lien shall be
a charge on the fri-tt Af attach frorn tft" ait" when the unpaid Assessment or charge
shall become due, .it.fi U" a continuing lien upon the f-o|, toeether with interest' costs
and reason"Ut" .tto*"yri ir.r, and strail U" tfr"'p"t*nal obligition 9f the Owner of such
I-ot at the time the Assessment became due. lvirere there is more than one Owner' each
shall be jointly and severally liable for all Assessments' The Assessment Lien may be
foreclosed by the Association in the same manner as a mortgage on real property' The
Association shall be entitled to purchase th; I-t at any forecloiure sale' The grantee of
any I-ot (i.e., purchaser or other transi"t*) shall be il,i"U, and severally liable with his
grantor (i.e., seller oi other transferor) for all unpaid Assessments or other proper
charges due the Association prior to, as well as subsequent to, the date of the recording
of the conveyance *itfrout prejudice to the rights of said grantee to recover from grantor
any Assessments p"iJ. Noi*iihstanding the f,receding., n6 Mortgagee shall be persondly
liable for any Assessment or other fi;; -.n.rg"r_-aue the Aisociation, except in the
event such Mortg"* r*t acquire titttto trre rot through a foreclosure or deed in lieu
of foreclosure or otherwise and under such circumstances' the Mortgagee s.hall then be
liable for Assessments or other Proper charges due the Association arising on or
subsequent to the date such tr,tortgagee became-the record owner of the I-ot'
6.2AnnualAssessments.commencing,atthechoiceofDeclarant'withthe
year in which tfri, Ootrotion is recorded or at .tih ti'n" as Declarant shall close on the
first sale of a [ot, an Annual Assessment shall be made against each I-ot bas€d upon an
annual budget approved by the Board for the pulpose of paylg common Expenses or
services allocated to certain or all fot, togttt ti *itt, rese*"i foi operating deficiencies'
a sinking fund for capital improvements ir any other matters reasonably determined by
the goa;d to be the subject of an Annual Assessment'
6.3 Special Assessments. In addition to the Annual Assessment authorized
above, the Association may levy, in any Assessment perid, a Special Assessment for
the purpose of defraying, in whole'or in part, the cost of any construction'
reconstruction, repair or replacement of a capital improvement' or for other extraordinary
expenses.
6.4 Rate of Assessment. Except as otherwise provided herein' Annual
Assessments and Special Assessments shall be fixed based on the amount of the
Assessment divided by the number oi fott that are obligated !o pay Assessments' and
may be collected on i y."tfy basis or more often as the-Board so determines' Where
services are rendered to some but not alt Irts, assessments will be charged to I-ots
participating in o, io"iring benefits on such basis as the BoaId may determine' The
Class ,,8,, merlbership reLrved to Declarant shall not have any obligation to pay
assessments and this provision may not be amended or replaced without the written
consent of Declarant.
6.5 Establishment of Annual Assessment Period. The perid for which the
Annual Assessment is to be levied (the "Assessment Period') shall be the calendar year,
except that the first Assessment Period shall, at the choice of Declarant, commence u1rcn
the recording of this Declaration or at such time as Declarant shall close on the first sale
of a Lot and shall end on December 31 of such year. The Board in its sole discretion
from time to time may change the Assessment Period. The Board shall fix the amount
of the Annuat Assessment against each Lot at least thirty days in advance of the end of
each Assessment Period. Written notice of the Annual Assessment shall be sent to each
Member. Failure of the Association timely to fix the Annual Assessment or to send a
bill to any Member shatt not relieve the Member of liability for payment of any
Assessment or charge. The due dates for payment of any Assessments shall be
established by the Board.
6.6 Effect of Nonpayment. Any Assessment or charge or installment thereof
not paid when due shall be deemed delinquent and in the discretion of the Board may
bear interest from and after the due date until paid at a rate set by the Association, but
in no event greater than applicable law. The delinquent Member shdl also be liable for
all costs, including attorneys' fees, which may be incurred by the Association in
collecting a delinquent Assessment. No Owner may waive or otherwise avoid liability
for the Assessments provided for herein by non-use of the benefits derived from
Assessments or abandonment of his I-ot. No delinquent Member shall be entitled to vote
on any Association matters untit the assessment due, with interest and all other costs,
shall be paid in full. Where assessments due from any Member are more than six (6)
months delinquent, the Association may temporarily cut off any or all Association
services or benefits, until all delinquent assessments are fully paid.
6.7 Assessment Lien. This Declaration shall constitute the Assessment Lien
and no further action need be taken by the Association to evidence or perfect said
Assessment Lien against any Lot. Notwithstanding the preceding, the Association may
also record a Notice of Delinquent Assessment against any Lot as to which an
Assessment is delinquent. The Notice shalt be executed by an officer of the Board, set
forth the amount of the unpaid Assessment, the name of the delinquent Owner and a
description of the Lot. The Board may establish a fixed fee to reimburse the Association
for the Association's cost in preparing and recording such notice, processing the
delinquency and recording a release of said lien, which fixed fee shall be treated as part
of the delinquent Assessment secured by the Assessment Lien. The Association may
bring an action at law against the Owner personally obligated to pay the delinquent
Assessment and/or foreclose the lien against said Owner's Iot.
6.8 Priority of Lien. The Assessment Lien provided for herein shall be
subordinate only to:
t2
(a) Liens for general ta(es, speciat taxing districts and other
public charges.
o)
Mortgage.
Except as provided in (c) below of this Section, a first lien
(c) The Assessment Lien shall have a priority over a first lien
Mortgage to the extent of six (6) months of Assessments plus attorney
fees, costs and interest therein at a rate fixed by the Association. The
priority allowed herein for the Assessment Lien is limited to an amount
not to exceed the average monthly Assessment during the Association's
fiscal year immediatety proceeding multiplied by six (6), plus attorney
fees, costs and interest as aforesaid. The amount of the Assessment Lien
in excess of the allowed priority shall be prior and senior to any Mortgage
affecting a I-ot other than a first lien Mortgage. The priority created in
the subsection (c) follows the provisions of CCIOA and should the
provisions of CCIOA be amended, then the provisions of this subsection
(c) shall be amended automatically.
6.9 Statement From Association. Upon written request and payment of such
reasonable fee as may be set by the Association, the Association shall issue a written
statement to any graniee or Mortgagee verifying the status of all Assessments or charges
affecting the Lot. Any statement as to the existence or amount of any delinquencies
shall, absent manifest error, conclusively bind the Association.
6.10 Assessments for Tort Liability. In the event of any tort liability against
the Association which is not covered completely by insurance, each Owner shall
contribute for the payment of such liability as a Special Assessment. The Association
may, however, requiie a larger contribution from fewer than all Owners under any legal
or equitable principles regarding liability for negligent or wilful acts or omissions.
7.INSURANCE.
7.1 TWes of Insurance. The Association shall obtain and keep in full force
and effect the following insurance coverage, if appropriate:
(a) Property and fire insurance with extended coverage and
standard all-risk endorsements, including vandalism and malicious
mischief, on any Association property. The total amount of insurance,
after application of deductibles, shall be lC/0..% of the replacement value
of the insured property exclusive of land, foundations and other items
normally excluded from property policies.
O) Public liability and property damage
13
including
medical payments insurance, in an amount to be determined by the Boar-d,
coverini "U
o".r11"nos commonly insured against for death, Mily
injury .no prop"rty damage arising ou1 of or in connection with the
oivnership, opeotion, maintenance or other use of Association property'
This policy riratt atso cover operation of automobiles or other vehicles or
equipment on behalf of the Association'
(c) workmen's compensation and employer's liability insurance
in the amounts and in the forms required by law'
(d)Fidelitycoverageagainstthedishonestyofemployees,
destruction or disappearan."
-of *n"y or securities, and forgery' . Pi'
policy shalt also
-cover persons who serve the Association without
compensation.
(e) coverage of members of the Board and officers of the
Association against'iibel, slander, false afrest, invasion of privacy and
errors and oriissions and other forms of liability generally covered in
officers and directors liability policies.
(0Ifapplicable,insuranceagainstlossordamagetopersons
or property for ditch or dam failure.
(g) coverage against such other risk of a similar or dissimilar
nature as the Board deems appropriate'
(h) Notwithstanding the preceding, the Association shall be permitted
to omit any of the coverage OescriUeO in (d) or (0 above where premiums are
unreasonably expensiv. oith" coverage is not available in this geographic area
or the coverage is not offered by a carrier of sufficient credit rating.
7.2 Named Insured and Interests. The Association shall be the named insured
under each of *d p"li.ir.. whr* apptopti"tt, the named insured may be any ditch or
reservoir company owned or controlled Uy tfre Association or the officers and directors
of the Association or the officers and directors of any ditch or reservoir company owned
or controlled by the Association. Policies of insurance shatl atso name Declarant as an
insured so long as it shall retain any interest in St. Finnbar Farm. Where the Board
deems it approfriate, individual owners may also be named insureds. The certificate or
memoranda of insuraurce, duplicate originals of atl policies and renewals, and proof of
payment of premiums shall bL issued to tt " Association, and ulnn requesf to Declarant
*i to -y 6*n., who is a named insured or to any Eligible Mortgage Holder'
7.3 Insurance proceeds. The Association shall receive the proceeds of any
insurance pur.t"r"a-Ifiliation. In the event of damage or destruction due to
L4
fire or other disaster, if the insurance proceeds are sufficient 0o reconstruct the
improvements, the Association shall promptly cause such reconstruction to occur. If the
insurance proceeds are not sufficient for such pu{pose, the Association may levy a
Special Assessment against the Owners for such deficiency.
8. GENERAL RESTRICTIONS.
8.1 Residential Uses. Each Lot shall be used only for residential purposes and
such accessory or incidental uses thereto as may be permitted under applicable zoning,
consistent with this Declaration. No commercial activities may be conducted on any Iot.
Notwithstanding the preceding, home occupation uses as defined by applicable land use
regulations of the County shall be permitted on any Iot. On each Iot there shall be
constructed only one single family residence and such accessory or incidental structures
as may be permitted by the County in accordance with its land use regulations and as
approved by the SARC.
8.2 Approval Resolutions. All improvements constructed on any I.ot and the
use thereof shall be in accordance with the terms, provisions and conditions of the Plat,
Approval Resolutions and any amendments to said plat or resolutions.
8.3 Wetland Areas. A11 Wetlands Areas within St. Finnbar Farm shall be
managed by the Association. The Association shall use reasonable efforts to prot€ct
against damage or loss to Wetlands Areas; however, such obligation shalt not extend to
changes in the course of the Roaring Fork River. No livestock or horse grazing shall be
permitted in Wetland Areas except where such activity has historically occurred. Where
a dispute shall occur as to what constitutes historical livestock or grazing areas, the
determination of the Association shall be binding on all Owners. Wildlife nesting areas
within Wetland Areas shall be preserved. There shall be no removal or cutting of trees
or other vegetation, whether dead or alive, standing or fallen, within Wettand Areas
except where the consent of the Association shall first be obtained and the Association
shall withhold such consent where nesting or other wildlife habitat areas would be
threatened. The Association may also undertake wildlife enhancement within Wetland
Areas including, but not limited to, shrub plantings and screenings and pothole
development for waterfowl and weed control; provided however, the use of herbicides
and insecticides in Wetland Areas shall be prohibiM.
8.4 Mapping. At the request of any Ownq;ii;MOffiffiffior any person
contemplating the purchase of a Lot, Declarant, for so long ai ia ma, appoint and remove
members of the Board as allowed under Section 4.2 below and thereafter the Association
shall have the right to provide or prospective purchasers of l-ots with
Fffit$*tritlfiinfiI, evelopmentActivitya map locating
Envelope+her€oft,any h livestock or grazing
areas i#i[:i*map shall be binding on Declarant
and the Association and may be relied upon by the Owner[ifrfiii*8"ffffi or prospective I.ot
15
purchaser. As a condition precedett to the preparation of such map' the Ownerfi
*fffi o, prorpotir" pu,Lh.'"' 't'if, if "quttt"O
by Declarant or the Association
#.lffifdbrc, prepay the &timated cost for the preparation of such map'
S.5PermittedActivityWithinopenSpaces.Activitiesthatmayoccurwithin
Open Space Areas i".lrd"r dr*"*"yrffi.ions, fencing, pasture,^grazing of
livestock and the maintenance of the Fishing ihsement described in Section 9- 11 be10w.
In addition, the Association may t.t Uiitft, "*nstruct and maintain private trails through
Open Spaces *h"r" d;;rs, their family members, g.uests and invitees shall have a non-
exclusive p"O"rt i.n "t rtt io passively'observg.wlaUfe and Wetlands Areas' Owners
of Lots burdened by this easement ;h.li' subject t9 all the terms' restrictions and
limitations set forth in this pectarationliti"i" n" tigttt to use the easement and lands
beneath and airspace above for all pulposes which do not unreasonably interfere with the
enjoyment of the rights herein grurtul. Owners, their family members' guests and
invitees hereby assure any risk "r*iut d with the use of this pedestrian access' Use of
thispedestriun".""rrbymembersofthepublicisprohibited'
8.6 Dogs. Dogs may be maintained by owners inside residences or within
escirye proof kennlls. No kennet rn"j U" constructed by an Owner unless the precise
location, design, materials and color stratl frrst be apprwed by the SARC' Approved
kennels shalt be k pt ilt"rd repair by Owners. Oyners may tatg dogs outside kennels
or residence. pror'id.A ftat a leash is used at all times to kbp the dog under positive
control. No more than two (2) dogs shall be maintained on any I-ot except upon the
consent of the Association. Under no circumstances may dogs be alowed to run at large
or harass wildlife. oogs may be prohibited temporarily-or seasonally frgm any sensitive
or critical wildlife areai of si. rinnuar Farm. workers at construction sites on any I-ots,
as well as guests, employees or caretakers of Owners are all strictly prohibited from
bringing any dogs ond Si. Finnbar Farm. The Association and its employees or agents
are hereby authorized to enforce the iestrictions set forth herein with respect to dogs'
including the capture or destruction oi aogs running at large and the prglulgation of a
schedule of fines to be imposed on Owneis for violations of these restrictions'
g.7 Other pets. Owners shall be allowed to maintain household cats' Pets,
other than dogs and cats, shall Ue p"tritt O on St. Finnbar Farm subject to obtaining the
prior approval of the Associationi which approval may. include conditions or rules as to
maintaining such pets. The Associ*io" ,"y prohibit altogether the maintenance of
certain pets on St. Finnbar Farm lands'
8.8 Horses. Subject to limitations regarding Wetlands Areas' Owners shall
be entitled to maintain horses on Lots and utilize lands on I-ots for pasture or other
equestrian activities. Notwithstanding the preceding, the Association may' with respect
to each Lot, promulgate rules as to tfre nrrnbr, *d lo""tion of horses that may be kept
on each Lot and such other matters relative to maintaining horses and the utilization of
pasture lands as the Association shall reasonably determine.
L6
8.9 Other Livestock. No livestock, other than horses, shall be permitted on
any Lot without first obtaining the approval of the Association. Nothing herein shall
oblligate the Association to approve livestock, other than horses, on any Lot. Any
appioval granted by the Association shall be subject to such conditions as the Association
may reasonably determine.
8.10 Furttrer Subdivision. No Iot shown on the Plat shall ever in the future
be subdivided by an Owner into smaller parcels or conveyed or encumbered in any less
than the futl dimensions shown on the Plat; provided, however, conveyances, easements
or dedications for utilities may be made with regard to less than a Lot.
8.11 Boundary Line Adjustments by Owners. Notwithstanding the provisions
of Section 8.9 above, i boundary line adjustment by Owners between two Lots shall be
permitted provided that the approval of the Association and the County is first obtained
and the Owners desiring such adjustment shall pay all reasonable costs incident thereto,
including the preparation, apprwal and recording of an amended Plat as may be required
by the County, Declarant or Association.
8.12 Utilities. With respect to development by Owners on any Irt, all
electrical, gas, telephone and other utility plpes or lines shall be buried underground and
shall not U" .rrrieOon overhead poles or above the surface of the ground. Any areas of
natural vegetation or terrain disturbed by the burying of utility lines shall be revegetated
to SARC itanaaras by and at the expense of the Owner causing the installation of the
utilities no later than the next growing season following such installation.
8.13 Enclosure of Unsightly Facilities and Equipment. All unsightly facilities,
equipment and other items, including, but not limited to those specified below, shall be
enctoseO within a covered structure. Any motor home, trailer, boat, truck, tractor,
garden equipment and any similar items shall be kept at all times in an enclosed garage
ixcept when in actual use. Any refuse or trash contiainers, utility meters or other
facilities, service areas, or storage piles shall be enclosed within a structure or
appropriately screened from view by planting or fencing approved by the SARC and
adequate to conceal the same. No lumber, metals, boat materials, abandoned cars, sftlP,
refuse or trash shalt be kept, stored or allowed to accumulate on any I-ot, except building
materials during the course of construction and only for such reasonable periods of time
as is necessary prior to their collection or disposal.
8.14 Satellite Dishes. Satellite dishes shall be permitted on I-ots subject to
obtaining any requisite County land use approvals. Owners desiring to install sat€llite,
relay, up-tint or other communication dishes or facilities shall first obtain approval from
tne SnnC. Any proposal for a dish or other facilities by Owner shall also include a plan
for berming, screening, fencing and planting so as to conceal the dish or other facilities.
Plans for any dish or other facilities shall include details as to location, size, color,
17
installation, maintenance and other specifications as the SARC may reasonably require'
8.15 Hunting and Firearms. The discharge or shooting of firearms is
prohibited, excqrt by employeel or agents of the Association in connection with wildlife
management or Predator control.
8.16 Drain4ge and Erosion Control. No Owner shall do anything which shall
impair o, .dr.rrdyffie on any Lot without the consent of the
SARC. No Owner shall divert drainage or inlgation water onto another I-ot, or deprive
any other Lot of its natural drainage course'
8.17 Pest Control. No Owners may engage in any PesJ cont3l activities outside
any residence o, ofr"-rtore without having irlstgUtlined the written approvd of the
Association. The lrro"i"tion, consistent witf, tnis Dectaration, may grant or withhold
any such approvals. In the granting of any approval, the Association may impose
conditions on any firt ront of,-inctuOlng the iectrniques,.devices or chemicals that may
be employed. 41?J controi shatl belmptemented at the expense of such Owner'
8.18 Noxious or offensive Activity. No noxious or offensive activity or ryryd
shall be *ndu"t"d@nbar Farm at any time,rtor.shall anything
be done or permitted which may become a nuisance to, or unreasonably disturb' Owners
of any I-ots^, or be injurious to the reputation of st. Finnbar Farm.
8.19 No Mining, Drilling or ouarrying. Mining, quarrying, tunnelling,
excavatingordri11ingforany,ub.t",ffitt,Eearth,inc1udingoi1,gas,minerals,
il;ri *rd, rock "io *ttr,, shall not be permitted within the limits of the St' Finnbar
Farm. Drilling of individual water wells shalt be permitted by Owners of Lots in
accordance *itf, ifrr-prorisions of this Declaration. Drilling of a wler. well for fire
protection pulposes .t
"tt "t* be permitted by Declarant or the Association in accordance
with the provisions of this Declaration. Notwittrstanding the preceding, excavation of
rock and earttr strAi be permitted by Declarant in the course of the construction or
development of St. Finnbar Farm infrastructure or as necessaryto carry out the Approval
Resolutions or by the Association in the performance of any of its duties or obligations.
8.20 Irrigated larrds. Subject to the legal and physical availability of water,
historically ioig.tE-mat * St. finnbar Farm shalt be irrigated by the Association
utlizing ditch rights conveyed by Declarant. The Association's determination of what
constitutes "t irtorir"tiy inilated iands" shall be conclusive. The Association shall make
reasonable efforts to minimize the loss or dry up of historically irrigated lands associated
with development of Lots. The Association may also provide inigation water to areas
of I-ots that have not been historically irrigated; irovided however, historically ini.Sated
areas shall have a first priority as io available- water. Inigation shall occur via the
existing ditch system, additions thereto or via the use of ponds, prpes, pumps, sprinklers
or similar devices or equiPment.
18
8.21 Completion of Construction. Any construction activity on any Lot in St.
Finnbar Farm shall be completed and fully cleaned up within eighteen (18) months from
its commencement or a variance shall be obtained from the SARC to
allow for a longer perid of construction upon proof of due diligence.
8.22 Fireplaces. AU structures to be constructed in the St. Finnbar Farm shall
comply with any applicabte fireplace regulations of the County.
8.23 Driveways.
(a) Driveway design, location, surfacing material and
construction methods, including, without limitation, application of an
approved dust suppressant, shall be approved by the SARC and shall be
in compliance with any applicable provisions of the Approval Resolutions.
The Owner whose Lot is being served by a particular driveway shall be
responsible for ongoing dust control of the private driveways and shall
treat the driveways with dust suppressants approved by the SARC.
(b) The design and construction of driveways shall comply with
the County standards and specifications governing driveways.
(c) All access driveways from the Road shall be constructed at
the expense of the Owner whose Lot is being served by that particular
driveway. Provided that the access driveway is constructed to SARC
approved standards, the Association shall be responsible for the
snowplowing of such driveway. Costs of snowplowing access driveways
shall be charged as a special cost to Owners based on the length of each
such driveway and other conditions peculiar to each driveway. Except as
to snowplowing, Owners shall remain reslrcnsible for the maintenance and
repair of access driveways to their individual homesites.
8.24 Damage by Owners. Each Owner is responsible for any damage caused
to the Road, ditches, fences, natural draining courses, utilities, Association property, or
to other Lots or property thereon during the construction of improvements upon his Lot
by any vehicle belonging either to him or any one using the roads of St. Finnbar Farm
while engaged in any activity benefiting the Owner. Each Owner shall dso be
responsible for any damage caused by utility cuts in roads, washouts and runoff damage
caused by failure to properly install culverts, and to repair any such damage in a timely
manner.
8.25 Fence Criteria. A11 fences to be erected by Owners within shall be
approved by SARC and shall be in harmony with the nature, setting and surroundings
of St. Finnbar Farm. Notwithstanding the preceding, the following fencing criteria
shall apply to all Lots in St. Finnbar Farm:
19
20
(a)Metatfencingshallnotexceedforty-twoinches(42,')in
height and shall be four strand or less'
o)woodfencingshallnotexceedforty-eight(48.')inchesin
height and shall be four (a) rails or less'
(c)Notrvithstandingtheprecedingandprovidedtheapproval
of SARC shall be obtained, higher fences may enclose corrals and
haystacks.
g.26 Sewage Disposal Systems. Each of the homes to be constructed on I-ots
will be serviced uv @sal systems which shall be designed by a civil
engineer licensed in Colorado. Sewage-disposal systems shalt be non-evalrcrative type
and shall be designJwith due regard-for rpoifr" soil conditions, percolation rates and
the like. Alt systems shall meet ttle minimu-m requirements of the County' In addition,
att sewage disposal sYstems shall:
(a) Be located entirely within any Development Activity
Envelope that may be designated for the I-ot. Whether or not a
Development Activity Envelope has been designated, the precise location
and deiign of the system shall be approved by SARC'
o)Utilizeamoundtypeconstructionwherehighgroundwater
tables are Present.
(c) Blend into the natural landscape, to the extent reasonably
possible.
(d) Not be located, designed or operated so as to encroach upon
or otherwise affect any domestic water systems, wells, ditches or other
St. Finnbar Farm water rights, natural drainage courses, or sewer disposal
systems on other I-ots.
(e) Where an Owner shall fail or refuse to properly
maintain or repair a sewer disposat system, the Association acting by and
through its agints, employees or contractors shall have the right to erter
onto said Ldto p"rfor. such functions and to obtain reimbursement from
said Owner. lny such costs not timely reimbursed by an Owner shall be
treated as an Assessment against said L,ot'
g.27 Limits on Vehicles. The Association shall have the authority to
promulgate ru.t -a r"gutations as shall be necessary for safety purposes with respect
to ttre operation of motor vehicles on St. Finnbar Farm lands.
8.28 Signs. The Association shall have the right !o post signs on any Iots
prohibiting treqpassing or hunting, to protect boundary lines, wildlife, Wetlands Areas
or for any other purposes consistent with this Declaration.
8.29 Compliance with Permits. Declarant has obtained a Special Use Floodway
Permit from the County and a Nationwide Wetlands Permit from the U.S. Corps of
Engineers (the 'Permits') for vehicular access across floodways: (i) from St. Finnbar
Drive to I"ots 6 and 7 and (ii) from St. Finnbar Drive across Irt 3 to reach Lot 4.
Owners of affected Iots shall be reslnnsible for compliance with the terms, provisions
and conditions of such Permits and such compliance may be enforced by the Association.
9. EASEMENTS AND RIGI{TS RESERVED.
9.1 Easements Described on Plat. A11 of St. Finnbar Farm is subject to the
easements shown, created, reserved or granted on the Plat.
9.2 Development of St. Finnbar Farm. Declarant reserves the right for itself
(and to the extent n@essary, such right is hereby extended to the Association) and its
agents, employees and contractors, to enter u1rcn St. Finnbar Farm to do whatever
Uectarant deems necessary or advisable in connection with any subdivision
improvements, including, but without limitation, fire protection, drainage, irrigation, the
installation of utilities, the construction of att roads, grading and landscaping,
construction of dl amenities, the erection or placement of such temporary structures as
may be reasonably necessary to facilitate such development, and the placement of such
signs as Declarant may deem advisable in connection with the sale of the Iots.
9.3 Ditch Easements. There is hereby reserved to the Association easements
for all existing ditches over and across St. Finnbar Farm and an area seven feet (7') on
either side of the centerline of said ditches for the maintenance and repair thereof.
9.4 Utility Easements. Declarant hereby reserves rights: (a) to grant
nonexclusive easements for underground utilities, including, without limitation, for the
instatlation, maintenance, repair and replacement of lines, PiPes, wires, conduits and
other facilities or systems and for ingress and egress to and from the same over and
across St. Finnbar Farm except within designated Development Activity Envelopes, and
@) without extinguishing the aforementioned general easement, from time to time to
substitute one or more specific easements for the use by utility companies or others by
recording of an instrument in the real estate records of the County. Unless the written
consent of Declarant is first obtained, utility companies shall have no right to use
easements over St. Finnbar Farm to serve properties adjacent to St. Finnbar Farm.
Where Declarant shall grant any easements to utility companies to serrre properties
adjacent to St. Finnbar Farm, Declarant shall be entitted to receive any consideration
paid by such adjacent property owner or the utility company for such easement.
2t
9.5 Fire Protection. A shallow infiltration well for fire protection purposes
shall be constructed by Declarant in the center of the circle at the end of the Road.
Thereafter the well shall be maintained and repaired by the Association.
9.6 Operations Easements. There is hereby reserved to Declarant and the
Association the right from time to time to enter upon Lots, to perform or carry out any
of the St. Finnbar Farm operations, including ditch maintenance, wildlife and Wetlands
presenration or enhancement and any other actions reasonably required to carry out
Association functions, duties or services.
9.7 Emergency Access Easements.
(a) There is hereby reserved a permanent and perpetual
emergency access easement over and across St. Finnbar Farm as shown
on the Ptat, said easement being for emergency access to those I-ots
served by said @sement.
(b) A nonexclusive easement for ingress and egress is hereby
granted to all police, sheriff, fire protection, ambulance and other
emergency agencies servicing St. Finnbar Farm and its residents.
9.8 Road Easement. There is hereby reserved a permanent and perpetual
easement for the Road over and across St. Finnbar Farm as shown on the Plat, said
easement being for the pulpose of the construction, maintenance, repair and replacement
thereof and for the installation, maintenance and repair of underground utilities and for
such other purposes as are provided in this Declaration. Declarant hereby permanently
and perpetually dedicates the Road for the use, benefit and enjoyment of all Owners,
their family members, guests and invitees and for use by employees of the Association.
Once constructed by Declarant, the Association shall be responsible for the maintenance,
repair and replacement of the Road including snowplowing. Declarant or the Association
shall have the right to install security or entry gates, security gate house, fences, signage,
s@ bumps or dips, culverts, guard rails and the like.
9.9 Easements for Central Sewer and Water Systems. Each of the I-ots in St.
Finnbar Farm is to be served by an individual well and individual sewer disposal system
to be instatled by Owner; provided however, should circumstances change where the best
interests of Owners of Iots in St. Finnbar Farm would be served by the installation,
operation and maintenance by the Association (or another entity performing such
function) of a central water or central sewer system, there is hereby reserved for such
systems easements as shown on the Plat. Further, Declarant shall convey to the
Association all right, title and interest of Declarant in and to that certain Sewer Easement
Agreement recorded in Book _ at Page _ of the real estate records of the County,
which easement is intended to altow St. Finnbar Farm to obtain sewer treatment service
from adjacent Ranch at Roaring Fork; however, no assurance is given that such service
22
will ever be available or what the cost of such service might be.
9.10 Easement and Fence Maintenance Obligation. Reference is made to the
easement described as 'Parcel 1" in that certain Agreement, Easement Grant and Mutual
Release recorded in Book 697 at Page 616 of the real estate records of the County,
excepting that portion of said Parcel "B" conveyed !o Ralph L. Braden by deed recorded
in Book 725 atPage792. The foregoing instrument resolved a boundary dispute between
portions of St. Finnbar Farm and adjacent Ranch at Roaring Fork. Declarant shall
convey to the Association all right, title and interest of Declarant in and to said
instrument and easement created thereunder and the Association shall be responsible for
the fence maintenance obligations set forth in said instrument.
9.11 Fishing Easement. There is hereby reserved to Owners, their family
members and guests and invitees, a non-exclusive private easement for the purpose of
fishing in the Roaring Fork River where the same traverses St. Finnbar Farm. This
easement shall extend ten (10) feet horizontally atong the ground from the non-flood high
water mark along the Roaring Fork River. Owners of I-ots burdened by this easement
shall retain the right to use the easement and lands beneath and airspace above for all
purposes which do not unreasonably interfere with the enjoyment of the fishing rights
herein granted. Nothing herein shalt be construed to grant an easement across any of the
remainder of the I-ots burdened hereby for ingress or egress to the Roaring Fork River
or for any other purposes. The Association shall be responsible for the maintenance of
this easement; however, Owners, their family members, guests and invitees hereby
assume any risk associated with the use of this easement. Use of this fishing easement
by the public is prohibited.
9.12 Ownership of Easements. Any easements or rights reserved by Declarant
in Sections 9.2 and 9.4 above shalt remain vested in Declarant until such time as
Declarant has executed and delivered an instrument in writing transferring the same to
the Association or any successor or assign of Declarant. Where the instrument recites
it is a complete transfer of a particular easement or right, Declarant shall be relieved
from all continuing responsibilities therefore. With respect to any St. Finnbar Farm
easements created by this Declaration that benefit the Owner of any Lot, no such
easements may be vacated, extinguished, impaired or limited (other than temporary
limitations for maintenance, repair or replacement), except upon the written consent of
the Owner of such Iot and any Eligible Mortgage Holder thereon, and notwithstanding
the provisions of Section 12.2 below, no amendment to this Declaration may repeal or
change this requirement except upon the written consent of all Owners and all Eligible
Mortgage Holders.
10. WATER RIGITTS.
10.1 Individual Wells. Owners of I-ots shall be permitted to drill and operate
one exempt well (the "Well") for ordinary household purposes and for the irrigation of
23
up to one (1) acre of home gardens and lawn all as provided in C.R.S. g 37-92-
ObZltylUy, as amended. Each
-tot has obtained a well permit ('the Permit") from the
Colorado Division of Water Resources. The construction and use of each Well shall be
subject to the conditions of the Permit appurtenant to that Irt. Owners shall be
responsible for the payments of all costs associated with the drilling, development,
operation, repair, maintenance and replacement of the Well.
lO.2 Basalt Water Conservancy Contracts. Declarant has obtained, for the
benefit of each of the Lots, contracts (the "Contracts") from the Basalt Water
Conservancy District for purposes of augmentation of the Wells existing or to be
develo@ tir"reon "r *o.e frliy set forth in Section 10.1 above. The Association shall
be responsible for all paymenti due and to become due under the Contracts and shall
otherwise administer tire, Contracts for the benefit of all Owners. Where applicable
Owners shall perform those obligations under the Contracts required to be performed
with respect tothat particular Itt. Should the Association reasonably determine that the
centralized administration of the Contracts is not in the best interests of St. Finnbar Farm
and provided any consents required under the Contracts have first been obtained, the
Association may assign the Contracts to the Owners of each Lot benefitted thereby and
from and after the date of such assignment the Association shall be released from all
further responsibility thereunder. Either the Association or individual Owners, as
applicable,it att Ue responsibte for obtaining any extensions or renewals of the Contracts.
10.3 Water Rights Reserved. Ownership of any Iot in St. Finnbar Farm
excludes all reservoir and reservoir storage rights, water and water rights, ditch and ditch
rights, spring and spring rights, ground water and ground water rights, all of which are
re-servedto the Association, excepting only the right reserved to each I-ot for one exempt
well as provided in C.R.S. 937-92-fi2(1)O), as amended, which right shall be subject
to the terms, provisions and conditions of this Declaration.
10.4 No Impairment of Water Rights by Owners. Notwithstanding that Owners
of Lots are entitled to obtain individuat wells and the individual water rights appurtenant
thereto, in no event shall Owners be entitled to have any standing, by virtue of ownership
of said individual wells and water rights appurtenant thereto, to object to any application
for an individual well permit by another Owner or any water rights application that may
be filed by the Declarant or Association with respect to any water rights reserved to
Declarant or owned by the Association so long as such application does not seek to
transfer or divert such water rights off St. Finnbar Farm or threaten injury to the Wells
reserved to any Lots. Each Owner hereby irrevocably constitutes and appoints Declarant
or the Association its attorney-in-fact to file, join in or object as Declarant or the
Association deems appropriati in its sole discretion to any water rights application
affecting St. Finnbar Farm.
11. VARIANCES FROM DECLARATION.
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11.1 Variances. The Associafion may, by the majority vote of the members of
its Board, grant reasonable variances from the strict compliancp with the provisions of
this Declaration in the case of undue hardship. The Owners of all of the I-ots shatl be
given at least twenty (20) days advance written notice setting forth the time and place of
the meeting of the Board at which any request for a variance is to be considered and
describing the requested variance. Owners or their representatives shall be afforded the
opportunity to appear before the meeting of the Board and be heard with respect to the
requested variance. Separate procedures are provided in Section 5.6 and shall be
followed with regard to variances from architectural controls.
12, TERM, AMENDMENT AND TERMINATION OF COVENANTS.
l2.I Term. The term of this Declaration shall be perpetual.
12.2 Amendments. Commencing on the date of recording hereof and continuing
untit the closing (i.e., recording of the deed) on the sale of the first six (6) I-ots by
Declarant, the Declarant shall have the absolute right to amend any provision of this
Declaration, except as limited by Sections 9.1S above, provided that such amendment
shall not adversely affect marketability of title to any Iot or materially diminish the value
of any Iot. In cases where any amendment does adversely affect marketability of titte
or materially diminish the value of a I-ot, such amendment may nevertheless be adopted
by Declarant, as allowed in the sentence immediately preceding so long as at the time
such amendment becomes effective: (i) Declarant shall be record owner of the I-ot so
affected and the affected Lot is not the subject of any contract for sale or (ii) the written
consent of the Owner (if other than Declarant) or contract vendee has been obtained. By
instrument signed by Declarant and duly recorded in the real estate records of the
County, Declarant may sooner relinquish its right to amend this Declaration or make
interpretations thereto as permitted in Section 14.1 below. After the expiration of the
period described in the preceding sentence or earlier written relinquishment by Declarant,
if any, this Declaration may, except as limited by Section 9.1*, be amended by a vote
of not less than two-thirds (213) of the votes entitled to be cast by the Members of the
Association; provided that such amendment shall not adversely affect marketability of
title to any Iot or materially diminish the value of any Iot. Except as provided in
Section 9.1fi, the consent of Mortgagees shall not be required in order to amend this
Declaration. Any instrument amending this Declaration shall be duly executed by the
Declarant or President and Secretary of the Association, as the ciuie may be, and
recorded in the real estate records of the County. Notwithstanding the preceding, no
amendment shall be permitted that is inconsistent with any of the rights granted, retained
or reserved to Declarant hereunder or which attempts to enlarge or expand any obligation
of Declarant hereunder unless such amendment is consented to in writing by Declarant.
Further, where any amendment is not considered by Declarant or the Association in its
reasonable judgment to be a material change to any provision of this Declaration, such
as the correction of a technical, drafting or typographical error, correction of some
obvious omission, resolution of any conflict with applicable laws, clarifrcation of any
25
ambiguous statement or the like, such amendment may be made at any time by Declarant
or the Association, without requirement to obtain the consent of any Owner or
Mortgagee.
12.3 Rule against Perpetuities. If any of the terms, covenants, conditions,
easements, restrictions, uses, limitations or obligations created by this Declaration shall
be unlawful or void for violation of (i) the rule against perpetuities or some analogous
statutory provision, (ii) the rule restricting restraints on alienation, or (iii) any other
statutory or common law rules imposing like or similar time limits, such provision shall
continue only for the period of the lives of Richard D. Irwis and Morton A. Heller,
their now living descendants, and the survivor of them, plus twenty-one (21) years.
12.4 Termination. This Declaration may be terminated only if all the Owners
and Eligible Mortgage Holders agree to such termination by an executed acknowledged
instrument duly recorded in the real estate records of the County. This Declaration shall
also terminate in the event of the taking of all of St. Finnbar Farm by condemnation or
eminent domain or abandonment or termination as provided by law.
12.5 Disbursement of Proceeds. Upon the termination of this Declaration, all
property owned by the Association shall be sold by the Association either in whole or in
parcels as the Board may deem appropriate. The funds shall be disbursed without
contribution from one Owner to another by the Association for the following purposes
and in the following order:
(a) payment of all customary expenses of the sale;
O) payment of all applicable taxes and special Assessment liens
in favor of any governmental authority;
(c) payment of the balance of any liens encumbering Association
property;
(d) payment of any unpaid costs, expenses and fees incurred by
the Association; and
(e) payment of any balance to the Owners in the same proportion
that they pay Association Assessments; provided, however, there shall be
deducted from any share due an Owner any delinquent and unpaid
Association Assessments.
13. CONDEMNATION.
13.1 Condemnation of Association Property. If any Association property is
taken or condemned by any authority having the power of eminent domain, all
26
compensation and damages on account.of the taking of the Association property,
exclusive of compensation for consequential damages ti affected Lots, shall Ue payaUieto the Association_ and such proceeds shall be ,r"d prornptly by the Association to theextent necessary for repair and reconstruction of remaining-As-sociation property in assubstantial comdrlnge to the original plan of developmeni as possible. If there is anaward in excess of the amount necessary to so substintially repair or reconstruct suchremaining Association property, it shall, at the Board's discretion, be either refunded toOwner on such basis or the Board deems equitable or retained by the Association forsuch uses as it deems appropriate.
14. MISCELLANEOUS.
l4.L InterPretation of the Covenants. Except for judicial construction,Declarant shall until the closing (i.e., recordirfof the deed) on tir" sale of the first six(6) Iots, have the exclusive right to construe and interpret the provisions of thisDeclaration. Thereafter, the exclusive right to construe and inte.pr"t this Declarationshall rest with the Association acting Uy ana through its Board. rn tfre absence of anyadjudication to the contrary by a couri of compeient jurisdiction, the construction orinterpretation of the provisions hereof by Declarant, and thereafter the Association, shallbe final, conclusive and binding as to flipersory and property benefitted or bound by thisDeclaration and provisions hereof. The provisionr df tt ir oot"otion shall ue tiuerattyconstrued to effectuate its purpose of creating a uniform plan for the developr"nioperation and maintenance of St. Finnbar f,arm.
L4.2 Claims Re,garding Declarant. The Association shall have a period of one(1) year after Declarant shall relinquish control of the Association, and individual Owners
thal-l have a period of one (1) year after obtaining title to a I-ot within which to assertby legal action or.otherwisg any claim, demani, cause of action or lawsuit against
Pot}mry in regard to St. Finnbar Farm. Nothing herein shall be construed to limit,impair, diminish or b11 any claim by the Associatiin, owners, Mortgagees, Declarantor any other person yith standing to bring such claim to ever assert Uylegar proceedingsor otherwise any claim, demand, cause of action or lawsuit against-ani engineer,architect, contractor, subcontractor, supplier, materialman or othJr person involved inthe design, installation, manufacture, isierbly, construction, op"oiion, maintenance,repair or replacement of any subdivision improvements or improvement to any rots.
14.3 Sales.Aetivity. Declarant may conduct, on St. Finnbar Farm, sales activityincluding, but not limited to, the showing of Iots'by Declarant or any sales agents,maintaining a sales or management office oiconducting promotional or marketing eventsor activities. Declarant may also maintain signs aaveiising St. Finnbar Farm.
14.4 Conflict with Plats. In the event of any conflict or inconsistency betweenthe provisions of this Declaration and the Plat, inciuding the plat notes thereon, theprovisions of the Plat or plat notes, as the case may be, shall goui- and control and this
27
Declaration shall automatically be amended, but only !o the extent necessary to conformthe conflicting provisions hereof with the provisioni of the plat or plat no[s.
. .la:S Rights of Eligible Mortgage Holders. Any Eligible Mortgage Holder shallbe entitled to:
(a) upon request, inspect the boors and records of the
Association during normal business hours;
O) receive written notice of meetings of the Association where
the consent of any Eligibre Mortgage Holder is required;
(c) upon request, obtain copies of Association financial
statements;
(d) receive written notice of condemnation proceedings
affecting any Association property;
(e) receive written notice of the lapse of any insurance that theAssociation is required to maintain under ttrii oectaration; and
(D where the Owner of any Ipt shall be deemed delinquent in
the payment of any Assessment, any ftigiUte Mortgage Holder of said Iot
shall be given written notice of suih delinquency; piovided however, nofailure of the Association to give notice trereunder^shall delay, hinder oraffect the Association's rights to collect upon said Assessment.
14.6 . Each provision contained in thisDeclaration shall be deemed incorporated in eactr aeea o, otfr", instrument by which anyright, title or interest_in any I.ot is granted, devised or conveyed, whether o, not set forthor referred to in such deed or other instrument.
14.7 Number and Gender. Unless the context shall otherwise provide, asingular number shall include the plural, a plural number .r,"ri ir.r,"r-" ttre-lingutar, andthe use of any gender shall include all genders.
14'8 No Public Dedication. Nothing contained in this Declaration shall bedeemed to be a gift or dedication of all or any i"rt or St. Finnbar Farm to the public orfor any public use.
l4'9 eES: Any notice permitted or required to be delivered as provided inthis Declaration shall be in writing and may be delivered either personally ir by mail.If delivery is made by mail, it shallbe deemed to have been deliveied nreeig) days aftera copy of the same has been posted in the United States mail, postage prepaid for first
28
class mail and addressed to the receiving party at the address last given by such party tothe Association. Any notice to the associatibn shall be sent to such address as it mayfrom time to time designate in writing to each Owner.
14.10 Colorado Law. The interpretation, enforcement or any other mattersrelative to this Declaration shall be constru& and determined in accordanie with the lawsof the State of Colorado.
l4.Ll Disclaimer. No representations or warranties of any kind, express orimplied, have been given or made by Declarant, or its agents "or empblees, in
connection with St. Finnbar Farm, or any portion thereof, or any improvemint-thereon,
its physical condition, zoning, compliance with applicable lawsj fitniss or intended useor operation, cost of maintenan@ or ta:res except as expressly set forth in thisDeclaration.
14.12 Designation of Successor. For purposes of this Declaration and theeasements, dedications, rights, privileges and reservitions set forth herein, a successorand assign of Declarant shall be deemed a successor and assign only as specifically
designated by Declarant by instrument recorded in the real estate ,oord, of the Counry,and, only with respect to the particular rights or interests specifically designated therein.
14.13 Severabilily. Any determination by any court of competent jurisdiction
that any provision of this Declaration is invalid
-or
unenforceabte stril noi "ffot th,validity or enforceab-ility 9f any of the other provisions hereof. Where any provision ofthis Declaration is alleged to be or declared by a court of competent juridiction to beunconscionable, Declarant or the Association ihal have the Agtrt Uy amendment to thisDeclaration to replace such provision with a new provisioir, as similar thereto aspracticable, but which in Declarant's or the Association's reasonable opinion would beconsidered not to be unconscionable.
14.14 References to County Standards. Wherever in this Declaration there is areference to County land use regulitions, zoning, other County standards, the ApprovatResolution,-any plats Pprgved by the County or any other federal, state or local rule,law or regulation, such references shall automatically be waived, released, modified oramended, as the case may be, to correspond with any subsequent *"ir"r, release,modification or amendment of such regulations, zoning, oti". County standard, ApprovatResolution, plats or any other rule oilaw.
14.15 Run with the Land. Declarant, for itself, its successors and assigns,hereby declares that all of St. Finnbar Farm stratt Ue held, used and occupied subject tothe provisions of this Declaration, and to the covenants ani restrictions conained herein,and that the provisions hereof shall run with the land and be binding ,p",
"r,
personswho hereafter become the owner of any interest in st. Finnbar Farm.
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By:
IN WIThIESS WHEREOF, Declarant has executed this Declaration of protective
covenants for st. Finnbar Farm the day and year first above written.
ST. FINNBAR LAND COMPANY, A
Colorado corlrcration
Richard D. Irwis,
President
(Corporate Seal)
ATTEST:
By:
Morton A. Heller,
Secretary
STATE OF
COUNTY OF
)
)ss.
)
- fh9 foregoing Declaration Of Protective Covenants For St. Finnbar Farm wasacknowledged before-me this _ day of _, l992by Richard D. Irwis asPresident of St. Finnbar I^and compmy, a cot"rad, qp"ration.
WITNRSS my hand and official seal.
My commission expires:
Notary Public
30
STATE OF )
)ss.
)
The foregoing Declaration Of Protective Covenants For St. Finnbar Farm was
acknowledged before me this
-
day of _, lgg2 by Morton A. Heller as
Secretary of St. Finnbar Land comp*y, . coEra6 corporation.
COUNTY OF
\ro\rc\sffinpro.corr
WTINESS my hand and official seal.
My commission expires:
Notary Public
31