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HomeMy WebLinkAbout4.0 Correspondence - Supplemental InfoColorado land Use CqzwdssLqt 7373 Shemtan Room 415 Denrar, Colorado 90203 Rer Etlverbend pW GentJerngn; rle purpose of this -tetter Js to notrfg you of the azprovar bgtlo bard of cowtg clrmrzissloners of a pretlntnarg phat for theproject Rirerlend Ln @.rfLeld Cotlrltg This actr-on w:s. essentral rg a re-submlssion of an gxrsting suD_divLsLon- xr.e origr.nar preJ.!.r,tinyv prat was approved bg the co,,,tgin Januarg of r9z4 and iicrud.ed between aso aii sol singre_famrryJots' slnce that tr-te, the develgytet of the pio*n, redesigne it theprcject for l9B slngle-famllg lots. In tre-Iated actiuts, the Boatitof cowtg conwissionerE on aecemaer r3th, ipiriu"u pttD zoning for'the prcpettg and also apptoved, a preJLmlnaii plrt for t7 unjts ln thefJ.rst plrase of deve\oprr="t. -r v*q zf gou have ang further qrrstJons , pTease do not ,esrtate to@ntact ,tc at 94*SZlz &cer&er 77, 1976 Sl.ncerelg, Rofu:rt A. Wlt*:arirs*cl D;{rector RAll/katl _1 ! GARFIELD trtrUNTY ; PLAN N I N E DEPARTM EI.].7 GLENWOtrD SPRINGS' EOLtrRADtr Bl6Ot 2OI4 BLAKE AVENUL The folTovting meetings wete heTd tegarding Rivetbend DeveTopment: 7. rune 78, 7e7 j - ZXX::r';Y."""ners - were Presented 2. rune 26, 7s7 i - z"n;""riJn i"l|tr:":z:z;::.ecia7 Meetins ' i. october s, ts73 - ?7::*""iffiz:r':""1:r r":;r;::r2"." 4. Novenrber 30, ts73 - i!r""iri"#it'7"r^rYzt"r|"*r:;t7'u, tegaTar meeting' 5. Januarg 74,7974 - P &z-PubTic Heating- Considet PreLiminarg Hearing' PHtrN E 943'A212 Page 2 Mr. Bob Witkowski October LL, L976 7. Although our plans indicate the master water distribution and supply SysEemwewillbeattemptingtoworkoutaprogramforphaseinstallations to reduce the ,,front-eni" costs and srill provicle an adequate supply for domestic and fire protection purposes. we will be working closely with the silt and New castle fire companies on the requirements for the latter' 8. We will indieate on our plans an area to be centrally located to the proposed project, for development of a playground/park area' g.Weunderstandthatwewillberesponsiblefornotifyingadjacent property owners for the necessary public hearings' I{e hope that the comments of all the reviewing agencies have been received and that we can have another Plat Committee meeting to consider them in the near future. we propose to make all the map changes at one time after all cournents have beer, tl.eived, reviewed and dealt with' please contact us for another meeting date as soon as possible' cc: Mr. Hamilton Duncan Cunningham Construction ComPanY RBH RB HOMES, INC. P.O. Bor 1989, Glenwood springr, cotoredo 81602-1989 (r0r) 984-1421 Garfield County Commissioners 109 8th Street, Suite 300 Glenwood Springs, Colorado 8l60t Dear Commissioners: I would like to take this opporhrnity to ctarify information on the attached letter, With the $bmittal of the skach plan I am formally requesting a PUD plan and text amendment to the Riverbend PUD. Steven J. Boat 6uyuyeqted "'c3e ,ileutsletd ;.o?rd f1e 7e6 rapro up feeseecau sF srr{3 T@I I '}ce{otd /riat atIS Ul tr,€plrtcur oq ql s?,or J;o zscf/,nu alatpxotdde pue uopleco1 eqz bupaoqs dar ueTd qcle{s alatr ts (Z) '61snoaue?fnups pteq eq uoyleTnbet uogsya\pqns flqrmoo a.n pue e,.rcurpao 6u7uoj 67u4o?, a.n zepw rE,zlnE€., sbtryteeq cyTqtd €:qX ?-e.n aeq3,en;. ptle gtaudoTaaw 7-Tun pawteT4 e o1 ebueqc suoz e 6uyxsenbz Je?lef g, (T) ;SsenDe: pospaar c{? ile;a€{r 6T1.nj ol ar prra repasptu.tto? 6uywn74 an roJ: frtesscoeu sT TeaI 7 uoyqaflJ:oguf pue frriasar etl? ?upse.rda: 6uyta77or eqy, 'ilil twrquer et;f, uF 6e7ep 6up astrao 1ou p1noqs prre alrr/roTrr op efil r{?Flu uaoJ:uoc oq btlguoz aq3 lno tlo1tgbVetls ppnolr elna, sprfi} 6up1eg, 'frTanoedur1ttzur.Ts eceTd erya1 s6upleeq cgTqnd uopsp^Fpryna pue 6t4uoz e\R ?prf+ lsenDe:r o7 xuecyTdde e$l JoJ BttoTTe ooucuFplo endrrp 'e6ueqc SuFaoz'ond e eogr SsanDet e frg paguedwocoe eze$ Teaoedde tetd 6,reuyllte;d ,to1 lsanbar et1+ tT petlspTdwocce sq ppnor{ sqq.;; 'letd frlrluTwVyead peapaa, eW tnpllr tuaas1e'rrc pudT eW euazau o? flprmltddo spt61 eyp? ptttotls e,i {uF!F} z '61unoc aq3 pup lrasfu o7 eTqeaetSe 617eaa,tn6 e7 pesdo.td ?,t,gydore,.ep aq? pue tpa?,?lmc$ffiZ q oX sp 3e1d aq? aoursi.?ctd fl;reuywyTe,zd pa,a.olddp aq? rp tillolqa dlysuep atn to1te e,ou ptnoir - filFeury fenn6 / tefTtrapqsay / Tern4Tncg6v - t toqs 6lo6eteo dugtnz eW aog t h1'tedo.td eq1- lo '6uyuoz aqf se?ppazd Teaotdde uofaTlTpqnq erg; fpue.redde , h1lm@ aql go edan 6tyuoz pue eTTl a1q 6uytpeqc u7 'Xoe{o,l.d puiaqJerlpg eq1- Jo uopss1wcttt5ler aq3 tn puras aa a,rer{r, o? sp slqbnoqT fii urcp s1!aa pTnar 7 y16noq1 7 3qog aeec tqgtg operoToC t sbuTzdg poa.*re1g eearts rn? ?02 ee\Teil ? ,o:,Jecs 6e7anrctr6 ?raqog 'rr{ 916T .O€ zeqalco Nt. Rabajrt Wansleg Pags 2 to tha Rltrrcrbend project are cortal, terat trjth the tgrp- of proJect that Jg be.Jlr,s outlJnad nor. The ogwt land rasulttng ftom the cutDaek Ja drrelllng units should be labaled as open Spaca /Agttcnltutal land. (2) Radeslgn of tllo s@rage ttaatrent system and approval of tha nor* sgsten and Jts leatlon bg the CoTotado State llealtlz Depattncnt. (4) Redesjgrn of the t{ater system to lnclude the rpst recant lnfomratLarl concarnlng tte anawtt, avalleble and lqal ,statua of the rlgltts to be utltlzed Jn t}le ptoJeet. (5t ff redesjgn of the lot lagout wtlT stgnJ.ftcantlg affect the iltaltmgo pattez?s and assumpt!.qw ured Ln cotrtldaratlon of the prresrt pellntnatg plat,t tlleln tllat should ba addraesed. (6) A staterstt as to thosa spectflc features of the approvad p.reI.{mlnary ,Iat whlch wl77 rarajn the sarp erd whteh wl77 ba fullg Ltwotporatdd tnfr the resuDmjtted prelhnlnazy plat. (7) Serlous coasjderatl,on of lncludtns in the covenanta of the proJccx tlre requlr€rant that t}a natural vegptatlqz and ulsual bteak Datrrecn pasture and oa.k bruah De majnta lned as mtch aa pnsslble tlrnouglout tlre prolect. Ihis nlght be acconplJs&ed by detarml.nlng whlch lote would be lnvolved and keeping the growtd aroand the bytldlng fanndatlotts undlsturDed aftet constructlcrrt and kapt Ln tlra prcasrt natural vagotattan. (8) Revjsed aehool land dedleatton or fs tragncnt,. AII the materja.I should be sutmltted to tlre Soard of County CorrrnLeslcrters aa outllned tn the zonlng and subd*rislon otdtnance. fhe rmtettal wt77 then be clncuJated to tlle aErenc.les outlJned ln the subdtvlstan otdlnanea fot thdLt tevlaw and coratrcrtt and at the sarp tlilb refetred to the Plamtng CowttLssLon. llhe questlon of appllcabla fees 7s a st!.c!cg cgrte Ln thjs sjtuatlon, a!.ncc tt, te a resubmjssl.on of a plat whleh could ccrteeLvablg cost a substarrtlal arrrunt of ntortag. Offftand I utpuld suggest that the zutlng fea of €700.00 be subnttted wltlt the appllcatTon to covar the revlew \ t, ,t- ./ trtr. Rdort Haasleg pa,ge 3 and actlon on b6lttt the zonlng anlt eubdlvtaloul Imtteg'- 9" lttt!d^lvtston iqo ts'm.nt to c€lrEr the crtanrlw oort of favlqi of Plat* tnll 4tcrjal .. nggrg,var','tn ttl" caca ttro JnJtJaI tavl.stt t]ple altildF talcen plaa. cbrdsaguenttl, lulr:d.eaa aom'untrguai cJrarrtrtanoe entajla en'Iilffifu'w;il; pi*n, bv t*tc countsr tftaT r tto ttot fcc,'t&'t t riparatc subdtvts!.on fea ncad bc lsgngsed. ff yao Dara ang other,questI@lr S4,lot to o.lrt Wttng qt JeciIrteallag, fonedcr frt;l\ Plegnse glve sP a callt , Slrrzc,ete'tg, n Nllcry Robart A, Iflt&crrx&J D!rectot nil u DEERFIELD ENTEHPRISI {C. 709 W. LITTLETON BLVD. SUITE 105, LIT],N, COLORADO 80120 . (303) 795-1010 CARFIELO CO. PLANNEB, December 23, 197 4 Mr. Larry Schmueser, planning DirectorGarfield County 20L4 Blake St. Glenwood SpringS, Colorado 81601 Dear Larry: The purpose of this letter is to clarify my position reqardingRiverbend. r consummated the purchase a yeai d9o, aftei haviigthe,propertlz under option for a year. The current mortgag,e is$281,500 payable over 9 years aL -l L/22 interest. The ratestrelease was made on December 5, lg74 and is recorded on pageI77 of book 467. The property is owned in my name as well as myself as trustee fortwo children. only the property not to be sota is held by myselfas trustee. f hope this will clarify my financial and legal-position on the property. r know thL qiestion has also been raisedas to why the project is relatively dormant at this point. I madea decision 6 months ago to slow things d.own pending llarificationof severar key items that r consiaered to be esserrliar for anorderry development. The principle factors invorved the un-settled conditions of the monev markets and the building industry,and the school situation in New castle. Arthouqh r,m =L..ting t;'see some progress in the first two items, the third item remainsa source of worry for me. r'm prepared to donate 30 acres to thecounty for a school at any time. r also berieve silt and Newcastle should consider the possibilitlz of leaving Rifle andformi-ng their own district. As things now stand, r would prefer to donate the land to theRE-I District and become a part of the Glenwood school system.There is too much consolidatj-on going on in Rifle. r don't seeanything wrong with locating a school at Riverbend on freeground, even if the subdivision is a long time in coming. Atworst the school districthAs one of the iinest and most scenic IDE mschool sites in the county that could more efficientry servicethe existing population in trre ,ru. ir trr" districts were re_drawn to incrual siil-""a xew casti"-".,a perhaps the housesfrom south canyon west.---ttre uusing-irrrror,rea unaer--this planwould be far less than the current haul to Rifle presuming theschool were located at Riverbend. *o-*.in concern is to have anew school in the area whether at niierbend or not, and jf thevoters are unwilling based.on trr" pr"Ient district then some_one should consider redrawing =o*"'-ii;;=. The current situationdoes not have to-be.".".pt"a. trr" =r..=t way to get some pop-ulation di-spersal trrrougilout the vaiiey is to ,ror8 Jquitablyspread the school constiuctions. ---) rt becomes a self-fuIfil1ing prgghecy for Rifle to say ,,let,shave the schools here r""-,r"" this i! where most everyone wantsto or is going to live. " sure ..rorgh, putting all the new schoolsjn Rifle wirl-quararrtee the population going trr"r. t.".,r=" theydon't have a choice ra"ea-w:-Lrr'="rrooi-'=ituati-ons like New castle.Although it might-.pp"ri-to be serrlserving to lobby for a newschool, r think r'm-Ln ="ii_a .f";ai;g-rl reiterare the need fora new school. rt's obvious that itis important to the successof a subdivision to have in_ adequate scrroot situation. Riverbendcannot atracr families wirh- =;d;;i-";; chj_ldren ;;;;, rhe presenrcircumstances. ff RE-2 i; skepticat inout Riverbend, then they,reguilrv once again or mir.i"g selr-fultiirirrg p.op;;;i"" by rhrowingup barriers to. an orderly aevetopm""t-""a then congrratulatingthemselves on the 1ikeIy'outcome which !!"v help cieate throughdiscriminatory practicei in favor or-n:-tte. rn short, it doesn,tmake sense to proceed with Riverbena ""tir the school situati-on issettled. If it is not set,tled ="ti=fr"rori1y, i *iii probablyask the County to- 3m9ld -my pf an :_r, ,u.oqnition of the fact thatwe courd never seII 600 rrornlsite=--i"-Ji'area rvithout an adeguateschool. r felt when we =trrt"a that New castle was next in linefor a new school. . p"irr"pJ *y :uageme;r'r.=, poor or T receivedsome inaccurate information. r am sti11 hopeful that the county's share of the oir shale leasingrevenues will help arleviate the icrrooi-situatio".--it is my hope lthat enough public impiorrements will be placed in the New castlearea to attract some population to-trrrl p.rt of the varley. :::^:::n.1j:* :".yX+._!?,=": whar happens rarher rhan prematurery f;::.:*_*iln. : 311. :".]. developm;;L -;;";;;:- ;"';;".;;=i;;';;i :li.:_l'I^:1 -1r _ lo. rl? lons hlui';;J -*iii";;;; ,i.ii".i;;i?i";;i"" ::.:-l:_1"^f?r_: pToceedins._ r did wanr rhe plannins committee ro a ii -r""i"io "I " =ii!=Er,!I!L^! T E--1a -vl,rrrsrr u.Hopefully, futu-re sol-r:t-lons wi-lI a1lor^z me to proceed with the:iT: y1?: I:::..:i!Ti:!.d. r'T =,f9_your .o**itt"e woura asree answered. rru qY!gE :=,:^:::" imprudenr ro proceed urrril some of rhese t,r.=tiops are f hope th sclosure answers most of your questions. If I candon't hesitate to contact me.provide ional information, ards, r would also I+kg to point out that r have been and wirr continueto seek out a joint venture partner for Rj-verbend. Faced with therealities of t9day, the potentiar reward.s are .ro-iorrgur worth the.ig5 of.going it iIone, ind a partner can re a good insurancepolicy in terms of rimiting grra's potential losies. with today,sprohibitive clinnate, it is simplv ir"i-"" attractive enough situationto consider taking all of trre iiit< o., ytr. own. Furthermore, apartner with building expertise would L" .r, attractive propositionfor me, since t'm moving away from the concept of lot saIes. rwourd wercome your refeiring to me any reputable and solid individ-yals- or companies who may be interestld in the area and can contributeto the success of Riverbend. r would also 1i!9 to point out that r'm willing to donate both landand water to a firm wishing to locate in our area that wou]d providea stable employment base. rf a company- i= interesieJ in locatingin the-county and the county wishes to have them, r,1r make acontribution towards securiig their agreement to come in. r knowthere are maiiy concerns that woul,l be a good corpc,rate citizen a,da valuable asset for the County to have. HRD : da Duncan ,l ffi July 2, L974 Mr. Pete Mattivi, Chairman Board of CountY Commissioners Garfield CountY Glenwood Springs, Colorado Gentlemen: The purpose of this letter is to respond to Mr. Hartert's ;;;"5;';;; f;rril;; .*piiii"ation on our_ development plan.and to propose an increased sum that I am willing to furnish in itre^ ioim of a letter of credit as security !ot- improvements ' To rhar end I ;;;;;;.-to-pi""" ", irrevocible letter of credit wirh rhe Counti-a;r6i""ioir"r" in the amount of $250,000' This total seems to" be in line with past reguests and represents ;;;;;"il"i.ry- 25% of gne t;t;l Lo"t of improvements scheduled i;; rhe firsl filing. The breakdovrn is as follows: Water and sewer Roads and drainage culverts Util-ities $850,000 90,000 80,000 Our current time table for our proposed bond issue is March, Lg75. E. F. Hutton and Company'wiil be-the underwriter and anricipat"" rro-aiiiicufty iit o6t"itting financing fof the Riverbena Uetiopofii."-O'istrict. The-servi-ce plan.has been filed with th;-;;;;ei authoiiii.t and the Metrbpolitan DistricE ir-U"i"E-ior*ia';;';-1;;;i-entity.to issue the bonds. A11 water matters-ir,-i"g.rd-to ahi" histrict have been resolved and the Riverbend il";ifiilent Corporation has a domestic decree ;i;";a-Uy--rrragl st.rirt in Gllnwood. There are no obstacles to rhe to.*"tiJ"-;f';h; district that I am arvare of. It has taken longer than anticipatecl to secure site-approval for the sewage treatmln;- p1;;4, -b"t-our application is-moving ahead with no known obstacles to appro.rii, since we will not be discharging wastes into Ehe Colorado River' TIME TABLE August-December ,L974 0ctober,L974 March,L975 Sales to Builders Cornrnence Road Construction Bond Issue for Riverbend MetropoLitan DisErict April, L975 Mry, L975 September, L975 April, L976 L97 6-7 9 ffi Commence Construction on I,rlaEer & Sewer Facilities Begin Sales to General PubLic Completion of Roads, Utilities & Sbrvices for First Filing Being Construction of Swim & Racquet Club Completion of ImProvements in Second & Third Filings As I mentioned previously, the sales pace and building pace wilL influence this ichedule bf development activities. It is en- tirely possible that our developmLnt- raEe vrill increase if the build-oirt warrants such a move. Much of this conjecture hinges upon the uncertainties surrounding resource development in Earfiltd and neighboring counties. AL a current absorpEion rate of 100 unigs/y6ar witii minor escalation provisions, -I-."tir"t" completiioir of a1l development Programs during L979. CONCLUSION I urge the commission to give full consideration to this Pro- posal at the earliest possible date. It it Ty- intention to iro"""a with the develbpment as soon as possible. I have done an extensive market anaiysis of Glenwood- Springs gnd surround- i"g communities and find'fewer than 50 available lots in Glen- ,oo5d itself. Riverbend is based on filling a legitimate need ioi-piirnaiy housing in an area that is lacfi,ing in.desirable builbing sites. SEveral buitders have expressed interest in the arei and Riverbend in particular as an aLternative to trai-Ier housing. Although the letter of credit covers only a portiot 9f total develofiment costs, I consider it to be adequlte in. view of the ;;"Jil; Uona-issue. I vrould expect-the leiter to be refunded i-n whoie or in part as funds arl raised for completion of utilities in or'der to avoid duplicate coverage. I believe my offer is particularly reasonabie in view of our intended con- centration on buildei sales as opposed to the general public ' Builders are sophisticated and airare of risks inherent in iheir industry.' They probably require less Protection than some others. I would ment. eciate your approval of proceed under equita ould offe truly m this subdivider's agree- what I consider to be an DEERFIELD ENTERPRTSES, lN. 0 S. MONROE AT CHERRY CREEK DRIVE, DENVELT, COLORADO 80209 . (303) 388-6478 RECEIVED JUN 6 1974 &IAUIVI:*LL; tri".L--.--..r i+lqtru] f[ [et$n to*.:I.-." j June 4, L974 Mr. Pete Mattivi, Chairman Garfield County Commissioners County Courthouse Glenwood Springs, Colorado 81601 Dear Pete: Since I haven't been before the Board in sometime, I thought it might beadvisable to give the Commissioners an update on Riverbendts progress andcurrent activities. f am currently having discussions regarding a revised and more thoroughsubdividerrs agreement with Jerry Hartert who, I understand, has the approvalto represent the Commissioners concerning the amount and substance of theguarantee. Mr. Hartert has reservations concerning the bond issue, so I am attempting to explore all avenues avaitable for financing improvementdistricts. I am going right ahead with the formation of the water andsanitation district and I'm sure the Commissioners will be receiving noticeof said formation. A final service plan will be filed shortly. Riverbend was recently awarded a domestic decree from the water referee, soour water augmentation plan is complete. New tests for water quality are being run at the request of Lamont Kinkade.Also at his request we have filed with the state for approval on our sewagetreatment site. such approvar wiLr require several more r.veeks. Irve had discussions with several financial institutions regarding develop- ment loans. I do have offers for adequate sums. However, today's interestrates seem somewhat incompatible with our goal to offer moderately priced homes and homesites. The good news is that the rate increases seem to haveIeveled off and may start down again shortly. Please be assured that we are moving ahead with the full intention of filingour final plat as originally planned. I remain committed to the idea thata project ted at Riverbend is an IEE current to Mr. Iton R. Duncan raphic trends. As soon t, I will submit it for ideal location to take advantage of as Itve executed an agreement satisfactory your approval. HRD/da ,',''/ 7 a't '7s filrc[,i'.rr-r,r,r'n 1 I 19n E. F. HUTTON & COMPANY,*" Momber New York Stock Exchange TERRACE BUILDING, DENVER U. S. NATTONAL CENTER, t 7OO BROADWAY, DENVER, COLoRADO AO2O2 . 3O3 - zsT - 6920 April L6, L974 Mr. Pete J. I{attivi Chairnen of Courty ConmissionersGarfield Cor-nty Post 0ffice Box 640 Glem,oood Springs, Colorado 81601 Dear Ccrmissicner Mattivi : Thmk pu fgr_grq!*g T !h? opporrr.niry- 9{ meering wirh you regardingour proposal for final plotting of *re si:bdivisior, 5t "Urr6iUenAfr. We"were p19arq9d wilh_yor-uc ackro,vredgenent that otr plans ,r" jr-;"ord withyour thiriking of land use w-ithin-Garfield Corarty. We would like to present or:r wia,points on hcrur a "deal" is consideredas to feasibiliry. ^Tl-re {evelope4 aften pr:rchasing oi ,"kid-*, -optiop on a tract of land seeks out an ergineering"tirr. ff,G Fi* shouldhare knovsledge of the area amd type of plirning needed. rhe firm on _tlj-s a:sigrmnrlt is l,fright/Mclaugliin, nitionaliy r""ognized-in ttre fieldoJ gngrneerlng ot water ard sanitation districts in the rnourtains. TLreurtimate result of their work is a senrice plan, frcm vfiich the r-a:der-r,'rriters log in the nr.urbers with refersrce tb dett requirerrenis-andgapacity to retire debt. trile, the llndsr,rriters, rely ,ip-, til-*gio""r"for their inpr:t. Ttre senrice -plal is ttren bror.rght before prospective bond cotursel for their 9cn-eor!"*and approrral. I:: this case rnre ire irsing the firm-o] wiffson anaLanm of Derven for the formation and lega1 opinion on the issuance ofbonds. TLre 'rtean, is now formed, and tfrere is continued reliance uponone another for conpletion of each segrpnt of the plan- R:iverbend is feasible on qaper ,! th" present time, hourever the developerrealizes that he nnrst prodrrce sales iri ordei to-trave tlr U."" ior continr:edgroltrEh. THE INFORMATION ABOVE HA6 BEEN OBTAINEO FROM SOURCES BELIEVEO RELIAELE BUT IS NOT NECESSARILY COMFLETE ANO CANNOI AE 6UARANTEED. ANY OPINIONS EXPRESSEO ARE SUBJECTTO CHANGE WIHOUT NONCE. NEITHER THE INFORMATION PRESENTEO NOR ANY OPINION EXPRE$EO CONSIIUTES A FEPRESENIATION EY US OR A SOLICITATION OF THE PURCHASEoRSALEoFaNYsEcURlTlEs FRoMTIMEloT'lME,lHlscoRPoRATloN,ITsoFFICERS'sTocKHoLDERS,oRMEMaERsoFTHErFFAMILTEsMAyHAvEAposllroNtNTHEsEcuRtTtEsMENIIoNED ivfr. I4attivi Page T|ralo AerLL L6, L974 As the rnderr^rrit{s, rrre can spealc basically for the group as tothe application o.f sound practiees berng alpfiea to Ehis-developnent.Otr agr-eenent with thg {gvelopgr not only piotects us, but in eisence, seelcsto confi:m the area of "living" within tlra corrrry guidelines as part ofits coverants with us. We hqpe !o Plagg within the couety an ocmple of good grc,wth that can helpto npke C,arfield coL!:lty an area for the reit of t[e stlte to look to for ' leadership in the field of land use. We rqrain available to ttre Conmissioners for frrrther ccnsultation and lookfonorard to rneeting yotr a.rd other ccmrulssiorers again. Very trnrly yours, E. F. HUTTCD{ & CCb,IPAI\IY INC. J*rrrre?. [,r^d*? , Leorard E. lbtz LEM: sjh @ tlllountainLrnv/.v,/pr Bell P O Box 220 Glenwood Springs, Colorado April 15, L974 Mr. Hamilton Dtrncan President. Riverbend Development Company 8030 E Girard Suite 509 Denver, Colorado 80231 Dear lulr. Duncan, Regarding provision of feeder cable to serye the RiverbendSubdivision near new Castle, Colorado, itr has been determined that a 250 pair cabLe should be provided for the initial 300 unlts to be constrructed. While acLual ald t.o constructlon charges will have to be agreed upon by you and our rate and t,ariff representative, our engineers indicate that approximat,ely $45r000 will be required Lo place this 250 pair cable, and about 6 months lead Lime will be required for engineerlng and constnrction. Engineering will start after the signing of the'required formal contract. tnrly RIPPY EONSTRUETITlN D EO Qeneral Conuactors P. O. EOX 138 AREA EOOE 3Og - 98.t.3386 NEW SAETLE, SOLORADO 81647 April Ll, 74 I"Ir. Robert Uansley Scarrou & Walker 204 8th Street Glenrood Spge., CoIo. Re: Eetlmte on Riverbend developnent for Fillng l{o. } Deerfleltl Enterlrizes. Dear Mr. Uaneley, I'Ie have used the informtlon aupplled us by your office to arriveat our estinate for thl.s road work requeeted by Mr. Eantlton Dtncan. We have oarefully checked the specificatlone of the Garfleld County connisslonere to ileter:ntne the requirenents antl have eo based our eatinate. The oonplete proJect through the finished gravel surface comes to $7.O0 per lineal foot, or for a total of $2O21755.00 for ).1 niles of roadway. Shoulil you or Mr. Durtcen vtsh a conplete break dona of the ltens, and our estenated bld f,or then rve youlal be glad to furntsb there to you untler separate ooyer. lbanklng you for thla oppurtunity to be of assLstance rre rEmin. RONALD C. MCLAUGHLIN KENNETH R. u/RIGHT HALFORD E. ERICKSON DOUGLAS T. SOVERN JOHN T. MCLANE KENNETH ASH. MANAGER ASPEN OFF'CEP.O. BOX A02A ASPEN, COLORAOO 9t6tt WRIGHT.MGLAUGHLIN ENGINEERS ENGINEERING CONSULTANTS 242O ALCOTT STREET DENYER. COLORADO AO2II (303) 4t4.620t fttt'cr'trer.6 coL?L:rl troll{ltiDtc ativtcct lra TltE a?tctal.tY ttcLDa ot WATfR 'U?'LY AiID OI'?it.UTtON WAIEi ANO 'IWAGI TNIAT!.ENT rEwaot coLLtc?ior{ AN0 REUr! INDUIIRIAL WA'TI' troix DiatxacE FLOOD €OXTROL ANO M L,Y Aprll 12, 197\ Mr. Hamilton Duncan 5400 Beach Road Ll ttleton, Colorado 80.l 20 Dear Ham: Pursuant to your request, we have determlned the fi rst phase costof water and sewer facll itles to be approxlmately $850,000. This value reflects the somewhat revlsed schedullng that we have dlscussedthe last two or three months. Very truly yours, WRI GHT-McLAUGHL lN ENG I NEERS DTS:mI 732-32SPX GARFIELD COUNTY PLANNING COMMISSION MEETING Garfield County Courthouse Glenwood Spri ngs , Col orado The nBeting was called to order atin attendance were: Dick Martin Mark Beanrral d Sis Mahaffee Deyoe Green Carl Bernklau February 11, 1974 8:15 P.M. by Qhairman, Dick Martjn. Those Jack M'itche I I Pete Matt'ivi Bud Mi I ner Bob Scarrour Larry Schmueser The first item of business was the rev'iew of Asgard Subdfvfsion Filing No.3.After discussion on water, Mr. Paul Patterson of l,lountain Bel l indicated thatphone service would not be avairabre for tnis oevelopnent unress $15,000.00approximately was put up as security as securities to 16e ieleprrone companyfor front-end money. Asgard Filing No.s wai approved conditjonal to thecounty commissi.oners appioving a new access road which would be a new accessthrough Iilillg No.1. Motion io. approval was made by oevoe-creen and secondedby Jack Mitchel'1. Second item of business was Riverbend Development.whlcfr requested through thecounty Planning office. that extra lots ue aoJea in riring-llo.1 to facilitatesewer system and water system design. Motion to approve these extra lots wasmade by Mark Bearuard and seconded"by Jac[ mitin.rr. Third item of business was a sketch p)an presentation by Jay phippen repre-senting Foster Petroleum c,trporat'ion. m". J. -E. Devi lbiss, Attorney for FosterPetroleum' reported the anount of water uruiiuit. u, inaiciteJ at the presenttirne to be approximately 600 ga'l1oni p."-ri.rt.. n roiter-petroreum repre-sentative was also present anJ answered questions from the piannlng commission. A Ietter from Larry schmueser indicatjng the suggestions of the TechnicalReview conmittee that an impact statenreit be required on all developments.After discussion, there was a motion miJe uv l,rirt Bearvalo anJ seconded bysis Mahaffee that we do add th.is to our subdtvis.ion Regulations. After reviewing the^proposed comprehensjve Planning program for Garfield County,as prepared by the county Planner, the cost of suci plai woutJ ue-in i6.;;i;i:borhood of $t15'000.00,; motion was-made by Mark Bearwa]d and seconded byJack Mitchell that the Planner be allowed t6 investigate uti posribilities offinding funds to comp'tete such a project. The meeting was adjourned at l0:20 p.M. Respectful ly submi tted, January 24, 1974 Thomas Associates Consultants in Land Use Management Mr. Larry R. Schmueser Garfield County Director of Planning and Zoning 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Larry: As r discussed with you on the phone, we would like to request a minor change in the number of lots to be included in the first filing forRlverbend. The purpose of the chqnge is to conform the first filingwith the first phase of water and. sewer improvements. As you know,in order to obtain bond funds for these improvements, we must havethe property platted and recorded. This is the onry reason for thechange. Let me emphasize that it wilr have absorutery no effect onthe total nurnber of lots in the project, nor wiLl it change ttre con-figuration, use or density by any d,egree whatsoever. rrd appreciate it if you courd gain concurrance for these changes before we cut scarrow and walker roose on the final platting for thefirst filing. Thanks for your help on this, Larry. CordiaLly, RTCIIARD J. IfHOI{AS Cll to: II. R. Duncan R^IT,/1tt 8030 E. Girard . Suite 509 . Denver, Colorado 9023j.. (303) 735_9669 Gr'tfi,PIiiLD COUNTY PL-qlCtU{c cOi,t}ilSSIOri 7 :30 P.lt.t Garfleld County Court House Dlck I'iartLn Deyoe Greenltark BearwaldCarI BernklauDr. Carter Jackson Jack l,{ltchellDotti Prettl ilillLam liason, schoolboard attorney, had rnae an on-site lnspection of the ]--]-4-74 Glenwbod. SprJ.nga, Colo fhg_meetJ-ng- was called. to order by Chalrman, Dlck llartln. Rollcall vras taken, those in attendanEe r.rere: and other guests. The notice of publl-c Hearlng on the prellr:rLnary plat forIJestbank subdLvlsion phase r{as read to the-goup, Thenaps and plans for the Subdfi{slon vrere discuss6d.- .TackIiltchell made a motlon that the Itestbank Ranch SubdivlsionPhase be certLfied to the county commlssloners forap;:,rovffsubJect to The motlon was second.ed by Deyoe Green and approved unanimously. The Notices of public Hearlng for the prellninary plat onRlverbend SuHLvLsion was reid to the group. An environrnentallmpact statementtras C.iscussed. Stelart I'ilie-clef oe elli;;----concerned' about the deer rrinterlng range close to the subdlvisionsite' Fiverbend regulations all-orv 4 pcts per fanily r,rhi-ch r,rlght.rccunulate a nurrber of d.ogs. c'D' Tolrnan, a representative of Riverbend corp stated that theenviron:lentar statemcn rvas underway and it rvould tal<c approxir,ately5 months or untll rate spring to complete the study.Representatives of SchooL District Re_2 tTere prescnt at the ineeting. agricultural production until such tr-nre as vrould like to have some sort of committment Larry SchmeuserJerry Hartert Pete MattlvlE.L. (Buz) Busby Lynn HlIl Pete Vleaver Bud l"lilner Lamont KlncaLd stated that the schoolboard. subdi.visl_on and selected It would be used, ancl on how the land vrould approximately 30 acres that would be suitable for a school site.Riverbend or'rner, .r'Ir- Ijanirton Duncan, said they r.rourd approve therand for thls purpose, hor,rever, he.vrourd like to keep the land in be used- According to subd.ivision requirements 5?! of the totalsubd"ivision accreagie r'rourd be considcred by the corunissj-oners j-ndedicating the rand to public schoor sLtes. of the 600 acres inthe subdivlsion 30 acres rEould be 5% .for schools. Dicl" l'iartln asked trhat obJ.igation the school board l.roi!l-d, have to btij_ld l-L4-74 Iicci:inE continucd ------Page 2 ' on the land. i'IilLlanr llason repllcd that schools lrege controlled by the pu):lic and no obllgation on the use of thc tand shouLd, be ir.rposed. . county ALtorney, ,.Terry lrartert, e;cplained that the land wourd be deeded to the county cor,imlssj-oncrs at the tlme of the flnal plat and the county r.rould hold lt and rnalntaln it until such tine asa decision rvas nader l'ir. Duncan asked Lf agricultural land surround.ed by a sub4Lvislon would stllr be assessed by the assessor as agriculturar. Jerry Hartert stated that land historj-caIly uscd and contintrlng tobe used as agricutLtural rvould be asscsse<l as agricultural land. Lamont Itincaid was aslied about the sanitation system. He repli"od. that it vras a nodel set up. Doug sovern, englneer for Rlverbend, exprained the system. The process for thls prant is buried.. llater Ls held for about 5 nonths rvith alr flovrlng thru lt and, then through a process of spray irrl-gatlon is returned to the 1and. Leonard Rippy asJ;ed. if any ser./age r+ould run in the ri.ver. Doug sovern sald 'rNone, ser-rage wilr be recycled, there ruill be norun-off- There is a fllm available on this t14:e of dj.sposal. rt l'lark bean'raLd noved that the Prelimi-nary p].at be cert:lfied to thecounty corainlssioners for approval subject to the coiapJ-etion of the environmental i*paet statenent being satisfactory, Dr. ,,Tackson seconde<]. the rootion and it carriecl unaninousry. since our secretary rsas late the niinutes of the prevl-ous meeting lr'€f,e norv read. and approved. correspondence vras recelved frorn coloraclo l.ianufactured. Housing Asso.offering to attend any of our rneetings, lf they couLd be of assistance.I:ir. E.I{. sibert wanted to receLve a copy of the agenda for ourneetlngsp Larry Schmeuser wlII send him these. Flanner, Larry, revLersed for us a prevJ.ew of things conring up3 They were! Garfield county tluntrcipar Aj.rport sketch plan stage Oak }ieadortrs - Flllngs 3 & 4 Colony Proposal Rifle Ski Corporatlon. Larry also read us the narTres of the new BOA.P.D oF ADJusrI,iEIdr. They are 3 Dave Stacy - Chalr. Dr. ilackson Richard ,Jol1ey AIsx Urquhart Dale Albertson S,ssocalate Membere Mark Bearwald Ed l.Illson iloe Dlce .Tohn Savage James Rogers Meeting adJournedt Re-spect ful ly sub:',r itted,U,z'G,z.-Dottl Prettl, Secretary Thomas $I. Stuver Associate WILLIAM ATHA MASON ATTORNEY AT LAW P. O, BOX 907 RIFLE, COLORADO A1650 303 625.tA87 January 2t L974 Mr. Larry SchmeuserDirector of Planning and ZoningGarfield County Glenwood Springs, Colorado 81601 Re: School District RE-2 Dear Mr. Schmeuser: You have already received a letter from Mr. Green, Superintendent of our school, requesting the five percent ofthe land from the Riverbend Development Corporation propertyto be givqn to the District for school purposes. Inasmuch asI do not have readily available before me the regulations ofthe County, I will appreciate your checking this and gettingin touch with me so that I may know what should be done in orderto make this acquisition for the District. Very truly yours, WAM: cm RESTRTCTIONS, CO\TENANTS AND CONDITTONS RI\IERBEND PROPERTY OWNERS ASSOCIATION ry ,/) ,---/ z ,/z / TABI,E OF COMTENTS Introduction Statement of Covenants Annexation of Subsequent Developments Land Classifications Uses and Restrictions of Land by Classification Design Guidelines and Regulations Riverbend Property Opners Association General Conditions Definitions Paragraph 1 Paragraph 2 Paragraph 3 Paragraph 4 Paragraph 5 Paragraph 6 Paragraph 7 Paragraph 8 Paragraph 9 1.INTRODUCTlON. The Riverbend Property Owners Association is designed to provide a permanent body to provide continuing supervision, guidance and pre- servation of the Riverbend community. Riverbend has been planned to provide its residents with a well designed community, ample open space and a variety of recreational and learning opportuni-ties all within an environment that is pleasant and protected from harmful change or deterioration. It is the purpose of these restrictions, covenants and conditions to provide the guidelines, regulations, controls and powers necessary to assure that the quality of the community wiII be preserved and protected for the benefit of each property owner and resident. It is, therefore, expected that everyone who acquires property in Riverbend will accept not only the letter, but also the spirit, of this document. STATEMENT OF COVENANTS. Grantor hereby declares that aII of the real p-"operty located in the County of Garfield, State of Colorado, legally known as Riverbend, is held and shall be hel-d, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the Riverbend Restric- tions, Covenants and Conditions, meaning the limitations, restrictions, covenants and conditions set forth in this declaration, all of which are declared and agreed to be in furtherance of a plan for the subdivi- sion, improvement and safes of said real property, established and agreed upon for the purposes of enhancing and perfecting the value, desirability and attractiveness of said real property and every part thereof. A1I of the Riverbend covenants shall run with said real property and shall be binding upon and inure to the benefit of the Grantor' the Riverbend Property Owners Association, each owner of said real property, or any part thereof, and each successor in interest of such owner. Said real estate together with such other real property from time to time annexed thereto and made subject to the Riverbend covenants, as set forth hereafter, shall constitute Riverbend. ATTNEXATION OT SUBSEQUENT DEVELOPMENTS. Grantor may, pursuant to the following provisions of this section, from time to ti.me and in its sole discretion, annex to Riverbend any and all real property from time to time acquired by Grantor contiguous to Riverbend. 2. 3. (1) Grantor shall have record6d a declaration describing the real property which is to be annexed to Riverbend, setting forth such additionat or other limitations, restrictions' covenants, conditions applicable to such property, and declaring that such property is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, sr:bject to the Riverbend covenants and (2) With respect to the real property described in said declaration Grantor shall have filed the subdivision map in compliance with the laws of the State of Colorado. 4. I,AND CLASSIFICATIONS. All land within Riverbend is classified into the following categories: (1) Single family building sites. (2) Two family building sites. (3) Four family building sites. (4) Project Areas. (5) Restricted Private Areas. (5) Public comnon Areas. (7) Private Common Areas. 5. USES AND RESTRTCT]ONS OF I.AND BY CLASSIFICATION. (1) Single family building site. A1lows one structure for residential purposes to be occupied by no more than one family (including servants and transieni guests). Additionally, permits one detached garage. (2t Trpo family building site. Allows one structure for residential purposes to be occupied, by no more than two families (including servants and transient guesLs). Additionally, permits one detached 9ara9e (3) Four family building site. AIIows one structure for residential purposes to be occupied by no more than four families (including servants and transient guests). Additionally, permits one detached garage. (4) Project Area. Allows construction of townhouses, apartments and condominiums at overalL densities i-ndicated on recorded,plat. (5) Restricted Private Area. on arr l-ots over one-half acre insize, arl land other than that designated as buildingr sites onrecorded prat. Prohibits erection of permanent structures,fences, or other improvements that will differentiate RestrictedPrivate Area from contiguous common or unplatted areas. (6) Public common Area. Those areas dedicated by Grantor tothe Riverbend Property Owners Association or other public bodiesfor purposes of easements, trails or other public uses. (7) Private common Area. Land. whose ownership is retai-ned byGrantor or conveyed by Grantor to another party, but is madeavailable to the public for specified or generar uses. (8) Restrictions: (a) Garbag- and trash to be kept in covered containers notvisible from roads or neighboring property. (b) crothes drying and airing facilities to be kept in enclosedservice yard not visible from roads or neighboring property. (c) No commercial activities involving sigrns, customers or employees permitted. (d) No fire hazards. (e) No noxious or offensive devices or activities, including butnot limited to unusual odors or d.isturbing light. (f) one of the major concerns in preserving the environmentof the Riverbend community is the preservation of thewildlife that dwe1ls in the undeveloped open space. Thegreatest danger to this wildlife could come from attacks and harrassment by uncontroLled household pets. Therefore,it is imperative that alr residents observe these householdpet contror requirements and recognize that the RiverbendProperty owners Association wil-r strictly enforce theirterms and conditions- 1.- No more than four household animals per singre famirysite. 2. No more than two household animals per residence unit on sites for more than one fanity. !-. ALl household pets, when permitted outside the dwelling units shall be on a leash, tether or within the voice control of the owner. L. The Riverbend Property Owners Association shall have the power to impound any household pet allowed to run free and uncontrolled within the subdivision. 1. A first offense sha1l be punishable by a fine of $25. 9. A second offense sha1l be punishable by a fine of $100. 7. In the case of a third offense by the same resident, the Riverbend Property owners Association shall require the removal from the subdivision of all domestic pets owned by the resident. (S) The operation of motorcycles, trail bikes, all-terrain vehicles or other vehicles modified to travel on non-road surfaces is forbidden within the subdivision except on the regular roads and only for the purposes of ingress and egress. (h) No signs whatsoever except: !. Signs required for legal proceedings. 2. Residential identifications signs no larger than two square feet. :.. Durinq construction or improvement, normal job identifi- cation signs no larger than four square feet. 4. No more than one For SaIe, For Rent, or For Lease sign, not larger than four square feet. (i) No trailer, house trailer, mobile home, tent, truck camper or boat shall be parked, other than temporarily, on any site where it is in view of roads or neighboring property. All such vehicles and craft are to be stored, in storage. areas provided and designated by Grantor. (j) No accessory structures on any residential sites except temporary shelters or facilities maintained. during and used exclusively in connection with the construction of permanent residential units, except detached garages, as specified in paragraph 5 (1), (2) and (3) above. (k) No accumulation of p1ant, trash or waste materials ' except within established compost piles not visible from roads or neighboring property. (I) AlI garage doors shall be kept closed when not in use. (m) No external television or radio antennaes. 6. DESIGN GUIDELINES AND REGULATIONS. Riverbend has been planned to provide its residents with a well designed community, ample open space, a variety of recreational and learning opportunities, all within an environment that will be pleasant and pro- tected from harmful change. Of equal importance is the fact that Riverbend is a community for families of varied incomes. Much of the housing will be reasonably priced, so that many who have not had the opportunity to acquire their own home can now afford to do so. However, good design in housing need not be expensive. The use of proper roof lines, sidings, finishes and colors, together with proper positioningofthedweI1ingonthe1otcana11combinetoprovideattractive housing at reasonable cost. Design Committee Regulations: (1) The Design Committee shall be composed of three members, all of whom shall initially be appointed by the d.eveloper. When the nurnber of members of the Riverbend Property Opners Association in residence at Riverbend shall reach 200, the Association shall elect one member to the Design Committee. When the number of members of the Association in residence reaches 400, they shall elect two members of the Committee; and when the number of members in residence reaches 600, they shall elect all three members of . the Committee. (21 The term for Committee members shall be one year. (3) The Design Committee shall have fuIl and final authority in approving and disapproving aI1 p1ans. (4) No construction may be initiatea without Design Committee approval. (5) rf construction is not started within,one year from date ofapprovar, an extension must be requested in writing. TheDesign committee may authorize a one year extension or, atits option, require plans to be resubmitted for approvar. (6) once started, construction must be completed within one year. Guidelines: The Design Committee encouragies everyone who plans to build at Riverbendto consider the folrowing guidelines in pranning arl construction. (1) site. Proper use of the proposed buirding site can have agreat i:npact on the appearance of the finished residence.Consider each of the following elements: (a) Existing grades and necessary changes. Try for thefewest possible changes to natural grades and sropes. (b) Access for people and vehicles. (c) Location of building to take maximum (d) Drainage away from the house. (e) Sun and wind directions. (2) Building. advantage of views. (a) seLect a distinctive design. Try to avoid an exteriorerevation that crosely resembres others in the immediatearea. (b) certain designs are more suitabre to Riverbendrs settingthan others- western ranch and mi-ne-iaspired styles aremore appropriate than southern colonial or spanish hacienda. (c) colors and textures for exterior surfaces shourd harmonizewith existing natural materials. Earth tones in subduedbrowns, reds and greens wirr brend a house into the site. (d) Exterior metal surfaces should be of a non-refrective (matte)finish. (e) A11 fencing for patlos and service yards should be integratedwith the design of the house itself. Procedure for Design Committee Approval. The following materials are to be submitted to the Design Cornmittee in order to obtain review and approval of proposed, construction. (1) Name of applicant and lot description. (2) Site PIan. An accurately dimensioned sketch of the lot, indicating easements, existing vegetation and proposed. location of the residence and extensions such as garages, fences, patios and service yards. (3) A complete set of plans and specifications for the proposed building. (4) Samples of exterior finishes, stains and materials. The Design Committee will- review the submitted materials at its next regularly scheduLed meeting and notify the applicant of approval or rejection of plans within seven days of the meeting. If plans are rejected, the reasons for the rejection and recommended changes wiII be set forth in writing. 7. RI\ERBEND PROPERTY OWNERS ASSOCIATION. (1) Organized as a non-profit membership corporation under the lawsof the State of Colorado. (2) Tr,rro classes of membership: (a) Class A. AII owners with the exception of the Grantor entitled to one vote per lot owned. (b) Class B. Grantor, entitled to three votes per Iot owned. Class B membership reverts to Class A on the happening of either of the following events: 1. Number of Class A votes equals number of Class B votes. 2. Ten years after record,ing of first saLe of property at Riverbend. (3) The Riverbend Property Owners Association shalI have duty and power to enforce aII rules, regulations, restrictions and covenants setforth in this document, together with general powers as non-profit corporation and other powers as decreed to it by the Associationitself at future times. (4) The Riverbend Property Owners Association is charged with duty of (7) enforce covenants, rules and regulations. (6) The Riverbend Property owners Association shall maintain all necessary operating funds. The Riverbend Property Owners Association shall supervise activities of all committees within i-ts organization. (8) The Riverbend Property ottrners Association shall have power to levy general and special assessments as necessary and desirable for the continued successful operation and to implement projects and programs approved by the membership. GENERAL CONDITIONS. (1) No platted lot within Riverbend may be split for any purPose whatever. (2) These covenants, or any part thereof, may be modified, amended or repealed as follows: Within five years of the recording of the first sale of Riverbend property, with the consent of the Grantor, and thereafter, without the consent of the Grantor, provided: 8. (a) l. 2. Three-quarters of the in favor of proposed and total eligible votes are cast modification, amendment or repeal; (3) Recordation of a certification by the Secretary of the Riverbend Property osners Association certifying that such changes have been approved by not less than three- quarters of the eligible votes. The Riverbend Property Owners Association shall have the right to enforce any and all limitations, restrictions. covenants, conditions, obligations, liens and charges now or hereafter imposed by the Riverbend covenclnts upon all property owners within Riverbend. (4) Any act or omission which violates these Riverbend covenants is hereby declared to be and to constitute a nuisance and may be enjoined and abated whether or not relief soug'ht is for negative or affirmative action by the Association or through the Association by any owner or owners. . (5) Failure to enforce any provision of the covenants shall not constitute a waiver of the right. to enforce. (5) The limitations, restrictions, covenants and conditions of the Riverbend covenants are deemed to be independant and severable. and invalidity of any provision or portion thereof shall not affect the validity and enforcability of any other provision. 9. DETINITIONS. (1) Articles. Articles of Incorporation of the Riverbend Property Gvners Association which shalI be filed in the office of the Secretary of State of the State of Colorado. (2) Board. The Board of Directors of the Riverbend Property Owners Association. (3) By-Laws. The by-laws of the Association which are or shal1 be adopted by members of the Association as such by-laws may from time to time be amended. (4) Condominium. An individual ownership of a residential unit in or connected to a multi-unit structure. (5) Design Committee. The Committee of three members appointed by the Developer or the Board to establish and enforce design, construction, Iandscaping and aesthetic rules and regulations included herein. (6) Developer. Riverbend Development Corporation, j-ts successors and assigns. (7) Excavation. Any disturbance of the surface of the land (except to the extent reasonably necessary for planting) which results in the removal of earth, rock or other substance from a depth of more than 18 inches bel-ow the natura surface of such land. (8) FiIe; Filed. The term "file" or "filed" shall mean, with respect to the sr:bdivision map, that said subdivision map shall have been filed in the Office of the Recorder of the County of Garfield,, State of Colorado. (9) FilI. Any addition of rock or earth materials to the surface of the land which increases the natural elevation of such surface by more than L8 inches. (IO) Grantor. Riverbend oevdlopment Corporation, its successors and assigns. or any owner or group of owners. (24) Record; Recorded. The term "record" or ttrecorded" shall mean with respect to any document, that said document shall have been recorded in the County of Garfield, State of Colorado. (25) Recreational Assessment. Assessments levied against owners of Iots listed in the Development assessment. (26) Recreational Facility. Any improvement used for or in connection with any recreational PurPose. (27) Refinish. The term "refinish" shall include to paint and to resurface. (28) Residence. The building or buildings, including any garage or similar outbuilding, used for residential purposes. (29) Fdverbend Property Owners Association. The non-profit corporation composed of owners of Riverbend residential property. (30) Road. Any surfaced vehicular way constructed within or upon any portion of comrnon area designated a privat, road on a road on a subdivision map except any apron or other paved area constructed for the purpose of providing access from such way to any private area or project area. (31) Special Assessment. An assessment levied against any owner not complying with IUlverbend protective covenants, rules or design committee rules to the extent monies were expended from the Association to correct the act or refusal to act. (32) Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. (33) Subdivision Map. Any final plat map approved by Garfield County, Colorado, subsequentlY recorded. (34) Use Fee. (a) With respect to a participating organization, the term "use fee" shall mean any fee charged or to be charged owners and guests by the Association for use thereof. (b) Any fee charged oh/rlers or guests by the Association for the use of public recreational facility. I1 (1I) Guest. Any invitee of a participating facility, including the members of such invitee's immediate farnily, using, in the regular course of the operations thereof, its accommodations or services' (12) Improvements. shall include buildinqs, outbuildings, roads, driveways, parking areas, fences, retaining walls, stairsr decks' hedgesrwindbreaks,polesrsignsrandanystructuresofanytype or kind. (13) Lot. Any site designaLed on subdivision maps as a residential home- site and further each parcel or condominium, designated on such maps' into which such lot has been sPlit. (14) Lot Splitting. The division of any lot within Riverbend as shown on the subdivision maps, into two or more parcels or condominj-ums. (15) Maintenance Assessment. An assessment levied egually to all property owners for the construction and maintenance of public recreational facilities and common areas to include those restricted private areas used as access areas. (I5) Manager. An individual or organization appointed by the Board to administer its affairs (17) Mortgage; Mortgagee. The term "mortgage" shal-l mean a deed of trust as well as a mortgager and the term "mortgagee" shall mean a beneficiary under, or a holder of a deed of trust as well as a mortgage. (18) Operating Fund. The Association fund into which all monies derived from various assessments or fees are deposited' (19) Ovrner. The person or Persons holding the beneficial ownership of a lot, but shall not include Grantor with respect to any lots held by Grantor. (20) Permitted User. Any other permitted to use a private recreational facility. (21) Project. The development and construction of any multi-family or condominium area designated as such on a subdivision map. 122) Project Axea. AII real property within Riverbend falling within the boundaries of any multi-family or condominium area d,esignated as such on the subdivision 'maP. 123) Public Recreational Facility. A recreational facility constructed upon comnon area petitioned for at the request of the Association 10 (3s)visible from Neighboring Property. The term "visibLe from neighboring property,r shaIl mean, with respect to any given object or activity, that such object or activity is or would be in any line of sight originating from any point six feet above any other property, excluding contiguous property owned by the ovmer of the property involved, but not including common area, assuming that such other property has an elevation equal to the highest elevation of the ground surface to that portion of the property upon which such object or activity is located. L2 -TTi UE--Y,* rere r[) \:", Mr. l.rt111au i,lason Ri fleColorado Bf65o Dear l.1r l"ias on I Li{G / hrrec: 1.,1r. Schmueser December Ih, l9?3 Very truly yours, L. W. Green, Suoerintend.ent I ^\iirl LI At the board meeting cf last Tuesd.ay evening,December 1I, lr?3 it ves voted. that Garfie-Ld.SchooL Di s tri ct ile-2 reques t 5:,1 of the ]aacl ofthe Rlverbend Development Corporatton propertybe given to the school dlstrlct for school pur_poses as nrovl<ied by Senate ijill i{o. 35. The board d.irected. me to contect you regard,lngthls matter so that proper J.egal requtrementsand. procedures coul"cl j:e implenented to $ecurethe }and. It is our understandlng that time isof the essence in gettlng this request ln, andtherefore the board would appreclate your inme_d.late aetlon on the sane, Thank you very muclr for your attentlon to thlsmatter. 11r7\ u/\/l/ili*l t I I t !iI Decernber 5, L973 Thomas Associates Consultants in Land Use Management IvIr. Larry Schmueser Director of Plannj-ng and Zonj:ng Garfield County 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Larry: Eollowing is a rist of adjoining property owners to be notified of the preliminary plat hearing on Riverbend subdivision: Mr. Larry L. Bowles Route 2 Glenwood Springs IvIr. Homer Hancock Colorado National Bank P. O. Box 5168 Denver 8O2L7 Ms. Catherine Williams 305 Maple Ave. Glenwood Springs Ms. Betty Jane Rippey 2418 Blake Ave. Glenwood Springs IvIr. Barton and I,Is. Martha E. Porter Alkali Creek Newcastle I have talked to Dottie Pretti about our appearance before the Planning and Zonj-ng conunittee and she has schedured us for January 7th. She also said that you wou1d. place the notice ad in the Glenwood Postl but r believe you mentioned that r should do this. If I should, please let me know. Best regards. Cordially, RICHARD J.TTIOMAS RJT/1tt 8030 E. Girard . Suite 509 . Denver, Colorado 80297. (303) 755-8668 *€.*-.r''ts ' (@ IN THE DISTRICT COIIRT IN A}ID trOR UATER DIVISION NO. 5 . STATE Or COtOn.q.DO Appllcation No. H-2125 IN THE HA?TIIN O}' TIII': APPIJCATION rOR }IATER RIGHTS OF RIVMBEND DEIIULOP}IEMT TORPORATION IN Tffi COLORADO RIVEN I}I G.A,RMELD COU}EY ) ) RULTIIG OFffi-E- The ebovo ent,i.tled appS.lcation vas fil.ed on'November 29, L9?3, and ras refemed to the undersi6ned as i{ater Referee for Hater Divieion No.5, State'of Colorado, by the lJater Judge of said Court on the 4tt aay of Decembert 1973t in ecaordance vith ArticLe 21 of Chapter L48, Colorado Revised Statutes ],)63. as ,,rlended (Chaptet 1?) S.L" Colo. Lg6g), known as ftra ldater Rights Determination and Adrninistration Act of ].)69. And the underslgned Referee ha,ring made such inveotigations aa are neceesary to deternj.ne uhether or not the ctatenents in the applicatlon aro true and having become fuI).y advised vith respect to the subject matter of the.application does hereby make the following deterainatlon'and ruling a.s the Beferee in this roatter, to-vit: - : . 1. fte stabements in the applicabion are true. 2. The name of the structure is Riverbend Effluent Pond. . ,. 'Itre nane of clairaant and address is Riverbend Devel-opaent Corporation, l4OO Beach Road, Iiittleton, Colorado. , . ll. The source oi tt u vater is the Riverbend Sewage TreatrnentfutfaII t/ater originally diverted from Canyon Creek and' freiu Ueller all tributary to the Colorado River, 5. The left abutnent of the da.u will be located at a point whence the Southvest Corner of Section )4, Tovnship 5 S,, Rangc gO West of the 5th PM, bears North ??" W, l,lest a distance of lr2OO feet. fhe dan wiLl extend in a general northeaster)-y direction from the sald abutrnent. ltre use of the wat.er is donestic and municipal (includi-n6 connercial, industrial and indiviclual irrigat,ion), irrigation,fish a.nd wildlife propagatiorr, end rocreational purposesr specifically including the r€-use of said uater for the above stqted purposeso the date of initiation of a.ppropriation is Jrrne 1 , !9?3* fhe bot,al capacity of the resorvoir is 9?"5 acre feet, The dara has not yet been construeted and the vater ha-s notyet been applied to bengficial" use. 1O" The uqarimuu helght of the dan ,,rill be 2O feet, artrl the r.lan wi}l be approrinrately 9CO feet long" ) ) ) ) '5" '/, B. )o Flt-l:i-) If{ WA'l'lirL il.)i-i.;.'l i I)ivision I.J.,. ri I .. il;.ee,J&r 4;*tu,4t'd!rka4!o,@ f;Fd The Referee does therefore conclude that the above entitled application should be granted and that $/.! acre feet of yater with approp- riation detc of .Iune 1, L975, is hereby avarded conditionally to the Riverband Effluent Pond for done"stic ald municipat (including conmercia).1 industrial and individual lrrigation), irrigation, fish and uildlife propagatlon, and recreational purposea, specifically including the re-use of said uater for th; above stated purposes, provided alvays that said 97.5 acre feet of natar is on the condition that said quantd.ty of water be etored and app).ied to a beneficial. use rrithin a, reasonable time; subject, howevor, to all earlLer priority rights of others a.nd to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with l-arr. ; Appllcation for a QuadrenniaL finding of reasonable diLigencel4aAcr4 /?76 t4aecNahall be filed in tterp^e€k of @ a:td in-+#*rof every fourth ca.lander year thereafter so Long as claimant deslres to malnbain this conditional water right or until a deternination has been uade that this conditionaL water.right has become an absolute yater right by reason of the coatpletion of the appropriation. It ls accordiagLy ORDERID that this rulirrg shal.l be fil*d with i the 'dater Clerk and shall become effective upon such fil-ing, subject to j*diciaL ieviev pursuant to Section tl+8-Zt-2o CRs 195] as arnended (1y,r1;. It ts fi.r.rthtr ORDIRffi that a copy of tlr-ie ruling sha)-l, ba fir..ed i ultb th* appropriate Divlsion Eng.ineer and the State Engiaeer. lbne at the Oiiy of GLenyood Springs, Colorado, .r,hie - Z,/ 5J day Dr _l4a Ec &I Lnl+. BY TtrE RIIflERUtr: '"/&/PEot*rh4 tu464 . J- ,4/ .l'?/r, {?k*rL l'lo protest ::as flLed ln this natter, Tho forcqclng ru}l:16 1s conf lri::ed ancl approved, ariC 1s nade tha Judguant and Decree of thls court.Division No, 5 tsr Jutt6et State of Colcrado b IN THE DTSTRICT COURT IN AND FOR i.tATER DTVISIoN NO. 5 STATE OF COLORADO 'CASE NO. \t-2727 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF RIVERBEND ) DEVELOPMENT CORPORATION IN ) GARFIELD COUNTY ) FTNDINGS OF F'ACT, CONCLUSIONS OF LAI,I AND DECREE APPROVING CHANGE OF WATER RIGHTS THIS I'IATTER, havlng come on for hearing upon the applica- tion of Rlverbend. Development Corporati-on for approval of a change of water rights whlch was filed on December 3, L973, and.the Court '.ered. the pleadings . the f1Ies herein. z ncehaving considered. the pleadings, the f11es hereln, and the evide; presented, FINDS: 1. That thls matter was re-referred to the Waier Judge on February 27, 197)1; that timely and, ad.equate ncLice of 'Lhis prc- ceeding has been given ln the manner requlred by 1a.w; and thai the 'i^later Judge sltting j-n this Couri has jurlsdictlon over the subject matter of this proceeding and over all partles affected hereby, whether they have appeared or not. The Colorado Hiver" I'later Con- servation District has timely entered an appearance in thls proceeding; the Clty and County of Denver, acting by and through 1ts Board'ofWaterComm1ss1oners,hast1me1yf11edastatementof oppcsition; and the tlme for the filing, of acidltloner-l statements : of opposliion has expired 2. Appllcant olrns approxlmately L.5 square i,'rlles ln 'I'orvn-. , ships 5 and 6 Soubh, Range 90 l,lest of the 6tfr p.M., of r.rhich 1t intencls to develop approxlrnately 6OO acres for residentlal a-nd. recreational prlrposes. The d.evelopment vr1]I eveniually contain approximabely. 650 dwelllng units and approxlmately 120 acres of lrigated meadoiv. Applieant has filecl this application for change of rvater righbs ln order to provide a rvater supply for thl-s cievelopnrent on a year-- round basis. p Applicant ol,Ins the folLowlng water rights: Vulcan Ditch, Basin Rank llo. 11i73 in Ocbober 10, 1g73 Revised Priority List for I'/ater Dlvision 5, Priority IIo. l-75, Ditch No. 105 in Distrlct }io- 39, for 6.0 cfs., appropriatj-on date April 1, 1907, adjudi_cated by Decree of the District cortrt in and for Garfield bounty, entered September 14, 1908 Vulcan Ditch Fi-rst Enlargement, Basin Ranlc No. 3729 in October 10, j-973 Revi-sed Prlority List for tr'later Division 5, Prioriiy No' 242, being Ditch No- 106 in Districi No. 39, for 4.0 cfs., appropriatlon date October B, l9\2, adiudicated by Decree of the Dlstrlct ,coupt in and for Gayfleld county, entered sepbembet 5, t952 The d.ecreed. point of diverslon is from canyon creek at a point on the llest bank thereof vrhence the corner commoh to Sections 23; zlt, 25 and 26, -'Iownship-5South, Range 90 trIest Ueari South 89"06' I,lest i-632.7 feetr'varlition f5" East. The actual point of diver- sion is and apparently always has been a.t. a poiSt on the l,/est uanx'tr Cany"on creLt< in the Nw1,/4 Sw1,/ll Section 25, Townshlp 5 South, Range 90 West of the 6tir p. i,t. The fol-l_owing lvetls, &s conciitionally decreed by the irlater Court in ancl for Water Divisi-on No. 5 by the Refereers Ruling of },larclt 2l", L97ll , in case Nttmber \l-2L25, for A.61 cfs. each, appropriation daie June 1, 7973, located as follows; Riverbend. Idell No. 1: At a point whence the 'South- west Corner oi Section 35, Township 5 South, Range- 90 1^test of th; 6tf, p.fU.-Uears'South 02o39t West 2680 feet F_iverbend. tr'lell No. 2: At a polnt rvhence t'he Sotith- rrest corner of seciion 35, Torrrnship 5 South, Range 90 i,/est of the 6tfr P.M., bears South 10"30t l^iest 2600 feet. Riverbend Well No. 3: At a point whence the South- wesi corner of sectj_on 35, Townshlp 5 south, Range 90 Vlest of the 6tn p-M., bears South 1Bo00r l'lest 2610 feet Riverbend Well No. 4 : At a point lvhence the South- rvest ccrner of Seetion 35, Townshlp 5 sor.rth, Range 90 l^lesi of the 6th P.14., bea.rs South 26000t l'lest 2590 feet. Riverbend llell lio. 5: At a point r,vhence the South- :rres-r, Corner of Section 35, Township 5 South, .Range 90 l,lest of the 6tn P.l'1. bears south 34" 30 '' \'lesb 2675 feeb 4. The source of suppJ-y for the clomestie rvater serv-tce for applicantts clevelopmenb will be vrater ciiverbecl from the colo- rado River a1luvium, This yiater w111 be directly applied to municipal-type.purposes to supp)-y the cievelopment through a central water supply system. The means of diverslon of such rvater t'i111 be t,hi'ough Ri'r:rbend tr'le}ls L, 2, 3, 4 and 5. In order to pro-rlde-viat'el" servlce through 1ts cenbral syslem during tirnes of'the year r'rhen lts a. b. -2- & vrell.s wll-I be out of prlorltY, applicant proposes to use said vrells as alternate points of dlversion for part of its Vulcan Ditch rlghts, while continulng to divert through vulcan Dltch for irrlga- " tion purposes, io the extenb permltted, As long as the. total amounb of water diverted through vlells and ciitch does not exceed' the amount of vrater deereed to Vulcan Ditch, and as long as the comblned d.epletion to the river system from the Riverbend vrells and. vulcan Ditch is not greater than the historj-c deptetion from Vulcan Dltch, flo vestecl rlghts will be lnjured' by applieantrs change of pornt.of diversion of part .or a]I of} the vulcan Ditch rights. 5. The total consumptlve use of the Vulcan Dlteh rlghts has been approximately 440 acre feet per year ln dry years' Sj-nee the preclse al-Iocatlon of water among the several uses to uhlch applicant proposes to put its rlghts in connection r^rlth 1ts project j-s not flxed, the amount of the annual depletlons to the Colorado River and Canyon Creek caused by water use in applicant r s develop- ment cannot presently be ascertained. However, the ll4o aere feet consumed. historlcally is avallabl-e for consumptlon in appllcant I s development without lnjuriously affecilng other water: rights' The amount of consumptive use associated wlth each aspect of applicantrs develop*":t has been calculated as follows ' For resiclences, all' : of whlch will be connected to a central water and Se}''er Systern' hcusehold, consumptlve use, not lnclucling yard, lrrigatlon, w111 be 3% of the water supplied thereto. Although there mdry be certain otherformsofconsumerSonthecentra1watefsystetnthansing1e- family domestlc dwel-ling units, such as multi-farnily 611" light commerclal, the totalconsumptive use can aciequately be expressed as a funetl0n of "residential equlvalent units.t' Each residential equivalent uni-t, i.ri11 require the diVersion for in-house purposes of0.3920acre-feetperyearrbaseduponapercapltademandofl00 gallons per day, and an occupancy of 3.5 persons per drvell-ing unlt ' At 3% consunptive use, this results j-n an annual consumptlve use of 0.0118 acre-feet per resldential equivalent unlt' Applicantrs -3- sel.ra,ge treatment prograrn contemplates reuse of the effluent produced' by its sewage treainent plant for lrrigation of approxlmately l-20 acres of pasiure and hay meadow hlstorically irrigated by water diverted through vulcan Dltch. Thls program will requlre construc- tion of a pond. ln r,rh'i ch to store effluent during the vrlnter period when no land 1s being irrigated. This'pond' will- be emptled each succeeding Summer by means of the sald land treatmen program, So thai storage space wj-l-l- be aval1ab1e for the stopa5ie of effluent during the fo]Iowlng winter. This l*i11 result 1n there being no carryover storagd from.one year .to another, The exact slze of the effluent pond hd.s not been d.etermined., but it is expecte have surface area of between four and trventy acres" The evaporatlon of water from the surface of this pond' is calculated to be 1'0 ac?e feet per acre of water surface per year calculate'J at the d'es1gn hlgh water l-eveI. Appllcant 'l'iil-l supplement the lrrlgation of the 'pasiure as requlred for a ful-l- supply thbreon by the d'irect cllverslon of water through the vulcan Ditch or'the Riverbend weIls' For the hlstorlc hay mead.ow, regardless of whether 1t 1s lrrlgated by this effluent or by vrater dj-verted through vulcan Ditch or the l-cularted to be 2'0 acre f eetRtverbend wells, consumptlve use is ca' per acre per year. The consumptive use of lrrlgation water for lawn and landscape purposes is al-so calcul-ated' to be 2 ' 0 acre feet per acre per year. several pressed 6. The total YearlY consumPt.ive purposes envlsaged by appllcant may use resulting from the be convenlentlY ex- I I by the following fornula [0.0I1Bacre_feetxA]+[1.0acrefeet/acrexB]+ [2"0 acre feei/acre x C] + D = 4riO acre feet' rvhere A ls the toial number of residential equivalent units;Blsthesurfacea}.eainacrescalcttlatedatthe au"ig" irigh r.rater level of the sel',age ef iluent storage po"oj c i; the toial number of acres of larvn, landscape or oi5"" i-rrigation supplied by the centra'l' vraber system and the number of a.r"L- of hlstori-c hay meadolv contlnued ln lrrigation, eacr, year; and D j-s the total yearly arnounL, tnacrefeet.,ofanyoiherconsumptiveuses ?he use of thls fornula llmits the amount oi vrater lvhich may be consumpiively used to an amount vrhich.vrl-I} prevenb lnjrlry tc oiher t,_t+_ t . wate? users, while permibbing applicanL fl.exibility in determining- the allocation of iLs water resources. So long as app.licantts uses confornr to this fornrula artd neL depletions of the Colorado River systern do not exceed 4ltO acre feeb per year, then no 1n- jury will occur to l,he righls of other.rvater users T . Applicant t s proposed change of water right involves rnoving the point of cliversion of the Vulcan Dit,chr prlorities from a tribUbary to the mainstem rlver. Such a change'could. have the elfect of enhanci.ng the physical supply of water available to appli- . cant, to the detri-ment .ofi rights on the mainstem river. and the rlver systern as a whol.e,' .In additi-on, water lefb in Carryon Creek, totheextentofwatertakenthroughthewe1}s,maybesubject.to . interception by junior water rights prior to reaching the Colorado River mainstem, wlere it is required in order to avoid injury to users thereon. If .applicant is required.to instal.l a measuring device in Canyon Creek or on the Vulcan Ditch headgate to insure thaiitssupp1yofwaberwou1dnotexceedtheantountthatwou1<1have been available to it at the historlc point of diversion, and means to insure Lhe de-l-ivery of water to the Colorado River in such amount as is being diverbed from the alternate point of tliversion, proper adrnlnistration can be facilitated CONCI,USIOXL OF LAW --_--- 1. The change of water rlghls proposed by applicant is one contempl.ated by law, and if administered 1n accordance wlth : tliis decree, there will be no adverse effects on any vested water rights on t,he Colorado River system' , 2, The State Engj-neer may be lawfully requlred bo ad-' minister the priority in the manner seb forth herein' DECREE . IT rS, THEREI.'ORE, oRDERED, ADJUDGED AND DECREED: 1. The. change of waLer rights conLemp-l-abed by arpp-Li.c'ant herein is hereby appro.red subject to t.he- fol-lowing con<litions: I I -5- a. That the total amount of rvater diverted through all of applicantts points of di-veriion aL any time noL exceed the amounb decreed to the vul-can Ditch. b.App}icanbsha}Ioperateitsdevelopmentbymeans Of a central ulater and Sewer system, supplemenl;ecl by Vulcdn Ditch diversions as described. in paragraph 5 of the Findings of .Fact hereof . e.Thatapp}icant'sdepletionoftheCo].oradoRi.ver and canyon creek, pursuant to bhe exercise of the rights descrlbed herej.n, not exceed 440 acre feet per year' and that :applicant t s consumptive use of water for all : purposes be determined by the following formula: [0.01].8 acre-feet'x Al + [1.0 ac]'e feet/acte x Bl + [2,0 acre feet/acre x C] + p = 440 acre feet , wher.e A is the total- number of residential equivalenb uirits; B is bhe surface ai"ea in acres calculated at the <iesi-gn h1gh *it"" leve1 of the sei'Iage effluent storage pona'; c i; the total number of acres of lawn, l.andsca5re or other irrigation suppl_ied by the cenfral water system and the numbei of acrei- of hisioric hay mea'dow corrblntted inlr,rigati.on,eachyear;andDisthetota].yearlyalnounb,. in acre feet, of any other consumptlve uses Atbherequesbof.theDivisionEngineer'theDenverWaLer Boarcl or the colOrado River h,ater conservation District, applicant shal} supply evldence establishing the values "rthevar.iab}esusedlnthesaidequation. d.Applicantshallnotdivertmorewateratany tlme at its new alternate points ol diversion and at its historic poinis of dj-version ccmbined than vroul'd have been avail-abIe to it at the historic point of diversion' Ap- plicanbshallinstallmeasuringdevices'contlnuousre- corders and. dibch turnouts in the heacigate of thd vulcan Ditch or in canyon creek just upstream therefrom, sutfficient in the opinion of the Division Engineei: to perrnib the ad- minisbration with respecb to historic availability, and suff icient to guarantee the delivery of water to the merinstetn of the coiorado River in the amount of the rvater being .pumped ab the "1;srnat-e points of diversion' I ! i ; I -6- ) "'1.- '..t . 2- It is hereby specifically oidered, adjudged and. d.eereed j . '.,' that appl-icant may contlnue to use the present point of d.i,rersion ' i of Vulcan Ditch, the J.ocatiOn of whicl-r is al- ?) Ir,'1 ! ',i.. ,':r ', li.' ';'i,:r.iu ',', bank of Canyon Creek in the N1{1,/4 SWf/4 Section 25, Township ! Southr' .' Range 90 West of the 6tir P.l,{. ' 3.. tr'urther, it is hereby ordered, adiudged ano that applicant may also use alternate poinbs of diversion or all of the Vulcan Ditch rights at- Riverbend l'lells 1,'2 and 5o located as described in,Finding 3(b). ,i, .' that applieantts water rights above-describecl may hereafter.be :i' 1,,: used for year-rouncl munici-pa1'use (incl-uding commercial, indus- ' "'l; . ,,. . :.. trial-, d.omestic, irrigation incldent thereio, and setvage treatment' .',- -, ,. ... including l-and di-sposal), irrigati-on, recreatj-on, fish and wild- :-j. . . ,_. ,,;;.1 life propagatlon, ancl all- other beneficial purposes, including '':"':,'::'I :- :::''i storage for each of the above purposes .,;: 'i$ t< ,,*i/, /fo s",r,,/ j\UIIIIEUII 1Jd.-L\,\JllrU, flU L/Ur rrsJ l UI , .,, ,..- -::.1.i.1,-j,ior.;.1Colorado River Water Conser- : '*'- *':;'-'!-r*!r'r:.- .:. _ ,..i:.r1..?ili+i, for part. , 3, 4- ::-:. ! :\ffiJer uuuBe -- ,..}:.i-: trrlater Division No. 5 , ir.:',rl''* i er Judgd - . . r*+:.j;r"';j.:' ' j '- ,i .n:: 1:-;.?c' {_. ' : :"r:,"i:.iT'1-. --.''.;"._ :: ,::' i . ;'..-i:, -:,-',.'tc i.: ' .,,. ..i: i:-1..? -1 nneth LI Broadhurst, Attor- .. rtl;F -, - .. : r'' ri .; : l-le.:: I:' r l :_; ;ci.i.ii i ,.., :':'. 1,1-'' :iii,1,,;' YOEN E VATrDM!r('C,F Governor wws*.ru COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 254 COLUMBINE BUILDING - 1845 SHERMAN STREET DENVER, COLORADO 80203 PHONE 892-2611 JOHN W. BOLD D i rector I,Ir. Larry R. Schmueser Director of Planning and Zoning Garfiel-d County 20L4 BLake Avenue Glenwood Springs, Colorado 81601 Dear Mr. Schmueser: December 4, L973 RE: RIVERBEND DEVELOPMENT We have reviewed the preliminary plat and supporting material for the proposed Riverbend Development. This review lncluded a fl,eld inspection on November 27. Although most of the land in this proposed developnent offers suitable buiLding sites, we feel that there are some trouble areas that should be polnLed out. The geologic investlgation by Chen and Assoclates points out most of these, but we would l-lke to emphasize those which we feel are most important and add a few points of our ornrn. L) Since there is the evidence of past coal mining, and there most cer- tainly are gravel resources within the proposed Riverbend Development, hre ouggest that the developer clarify the status of mineral rights and how this factor might affect the proposed surface devel-opment. In additi.on, arty tezatdous conditions which may have been caused by past uining in the area should be defined and eliminated. 2) The proposed pond in the center of the development, which woul-d hol-d the treated sewage water, wl-II lose conslderable water through percoJ-ation j-nto the gravels bel-ow unless the pond is l-ined. Thls l-oss could decrease the amount of water avallable for j.rrigation and, if the water were not treated completely, could contaminate the ground water reservoir. 3) The eastern part of the devel-opment has three probJ-ens which may be significant. The first problem is whether or not any portion of that, land is within the flood plaln of the Colorado River. The second problem is the extent of l-ocaL fl-ooding from the creek coming from the south. Third is the problem of erosion from this small creek, which is very evident at its confluence with the Colorado River. 4) The last potential geologic problem is that of rockfall along the southern edge of the development below the Grand Hogback. As one Looks at this area, it becomes evident that rockfall is a geologic process which has occurred in the past. Looking up the steep slopes of the Hogback, GEOLOGY SToRY oF THE PAST... KEY TO THE FUTURE Mr. Larry R. Schmueser Page 2 December 4, L973 resistant beds of sandstone can be seen standing out beyond the eroded slope in a position which wouLd make boulders avaLlable for rapid downslope movement. At the foot of the slope in an area which is pLatted for develop- ment, there are large boulders which have come to rest after their Journeyfrom the slopes above. The Chen report, states that a1I- boulders that were seen on this l-ower sLope have been there for a perlod of time such that they are either partial-ly buried or have a significant growth of lichen on the surface. The frequency of rockfall in this area is hard to determlne since it is reported that the highway department has excavated in some areas looking for rip-rap. However, we feel that this is a continuing geologic process' and that the possibility of rockfal-l in the future ls certainly J-ike1y. We are not necessarily talk-ing about a catastrophic rockfaIl lnvolving thousands of tons of rock, although such an event could occur lf there were a strong seismi.c dlsturbance in the area. The more J-lkeJ-y event would be a singLe boulderror perhaps a fewlloosened in the spring due to frost wedging. These would gatn momentum coming down the sLope, and cause great damage to any structure in their path. The distance the boulder wouLd travel can be determined from the location of boulders which have nade this journey in the past. Structures such as public buildings, homes and the water storage area should be placed with this rockfalL possibility in mind. The probJ-erns mentioned above affect only a sma11 part of the total- proposed devel-opment. With minor changes in the proposed plat and additlonaL studyof these problems, there is no reason why safe and feasible development coul-dnot exi.st on this property. If we can be of further service, p1-ease 1et us know. Si.ncerely, ,t , : 'i ( David C. Shelton Assistant Engineering GeoJ.ogist Reviewed & concurred in: IY&JL^ R. G*j2r*u Wil-liam P. Rogers 0 Engineering Geologist DCS/crs cc: Land Use Comrrisslon PLAT COMMITTEE MEETING Riverbend Development Subdivision Members Present County 9ffi gi a.l s Present Larry Schmueser t^J. C. (gua) Milner I{ovember 30, 1973 D'ick Marti n, Chai rman Deyoe Green Mark Bearual d Dick Thomas, owner Ham"i I ton Duncan , owner Bob l,Jams'ley , engi nee r The meeting was called to order by Chairman, Dick General comments were as follows: !'/iartin at 4:45 PM. 1. Even though some lots were located above the gravity flow water system, the committee members felt this would not create undue hardships. 2. More details on the covenants were requesteda) a stricter leash law and recreational vehicle controlb) a more detail outljne on the building site location in relation to site greenbelt. 3. The school site location is being left open for cons'ideration by the RE-2 School Board. 4. Stewart Wheeler of the Bureau of Land l4anagement is to be invited to the Preliminary Plat Public Hearing with the Planning Commission to discuss the BLM's request for an impact statement. MOTI0N: made by Deyoe Green and seconded by Mark Bean,rald that this be referred to the Planning Commission at their next regularly scheduled meetihg, subject to the clearing up of questions about the covenants and the engineering study. Motion was carried UNANIMOUSLY. Respectful 1y submi tted, t1 Recordi ng Secretary SU}I}.IARY OF RESTRICTIOLIS, COVIJNANTS AND CONDITIONS RTVERBEND PROPERI'Y OWI.IERS ASSOCIATIOI{ TABLE OT' CONTENTS Introduction Statement of Covenants Annexation of Subsequent Developments Land Classifications Uses of Land by Classification Design Committee Riverbend Property Owners Association General Condit-ons f,efinitions ParagraPh I Paragraph 2 Paragraph 3 Paragraph 4 Paragraph 5 Paragraph 6 Paragraph 7 Paragraph 8 Paragraph 9 I. INTRODUCTION: The Riverbend Property Owners Association is designed to provide a pellnanent body to provide continuing supervision, guidance and preservation for the Riverbend community. Riverbend has been planned to provide its residents with a well designed community, ample cpen space and a variety of recreational ano learning opportunities all within an environment that is pleasant and protected from harmful change or deterioration- It is the purpose of these restrictions, covenants and con ditions to provide the guidelines, regulations, controls and powers necessary to assure that the quality of the community will be preserved and protected for the benefit of each property owner and resident. It is therefore expected that everyone who acquires property in Riverbend wiII accept not only the letter, but also the spiritr' of ttris document. 2. STATEMENT OF COVENA}ITS: Legal statement holding that all property sold, Ieased or otherwise conveyed within Riverbend shalI be done so subject to the Riverbend covenants. 3. ANNEXATION OF SUBSEQUENT DEVEI,OP}4ENT: Provides that subsequent filings and/or contiguous land subsequently acquired sha11 be governed by the same convenants. 4. LAND CLASSIFICATIONS: Classifies all land within Riverbend into the following categories: a. Single family building site. b. I\nro family building site. c. Four family building site. d. Project area. e. Restricted private area. f. Publ-ic conmon area. S. Private common area. 5. USES AND RESTRTCTIONS OF LAND BY CLASS]FICATION: a. Single farnily building site: Allows one structure for residential purposes to be occupied by no more than one family (including servants and transient guests). Additionally, permits one detached garage. b. Two family building site: Allows one structure for residential purposes to be occupied by no more than two families (including servants and transient guests). Additionally, permits one detached garage. c. Four family building site: Allows one structure for residential purposes to be occupied by no more than four families (including transient guests and servants). Additionally, permits one detached garage. d. Project Area Allows construction of townhouses, apartments and condominiums at overall densities indicated. on recorded plat. e. Restricted Private Area: On aLJ. lots over one-half acre in size, aII land other than that designated as building sites on recorded ptat. Prohibits erection of permanent structures, fences, or other impro\,ements that wilL differentiate restricted private area from contiguous common or unplatted areas. f. Public common area: Those areas dedicated by grantor to the Riverbend Property Owners Association or other public bodies for purposes of easements, trails or other public use. S. Private Common area: Land whose ownership is retained by grantor or conveyed by grantor to another party, but is made avail-ab le to the public for specified or general uses. h. Restrictions: I. Garbage and trash to be kept in covered containers not visible from roads or neighboring property. 5. but 2. Clothes drying and airing facilities to be kept in enclosed service yard not visible from roads or neighboring property. 3. No commercial activities involving signs, customers or employees permitted 4. No fire hazards. No noxious or offensive devices or activities, including not limited to unusual odors or disturbing light. 6- No more than four household animars per singre family site; no more than two household anirnas per resid..r".'tr.ria on sites for more than one family. 7. No signs whatsoever except: a. Signs required for legal proceedings. b. Residential identification signs no larger th.n/Qg square. c. During construction or improvement, normal job identification signs no rarger thur',@5gg square. d. Not more than one For Sale, For Rent or For Lease sign not larger than6}.1[SSI square. No trailer, housetrailer, mobile home, tent, truck camper boat shall be parked, other than temporarily, on any site 8. or where it is in view of roads or neighboring property. " All such vehicles and craft are to be stored in storage area provided and designated by grantor. 9. No accessory structures on any residential sites except temporary shelters or facilities maintained during and used exclusively in connection with the construction of permanent residential units, except detached garages as specified in paragraph 5 a, b and c. 10. No accumulation of plant, trash or waste materials except within established compost piles not visible from roads or neighboring property. 11. AI1 garage doors shall be kept closed when not in use. 12. No external television or radio antennaes. 6. DESIGN COMMITTEE: See Design Guidelines and RegulatJ-ons attached as separate document. 7. RTVERBEND PROPERTY OWT{ERS ASSOCIATION (RPOA) : a. Organized as a non-profit membership corporation under the laws of the State of Colorado. b. Two classes of membership: l. Class A: AlL owners with the exception of the grantor ntitled to one vote per lot owned. 2. Class B: Grantor, entitled to three votes per lot owned. Class B membership reverts to Class A on the happening of either of the following events: a. Nunber of Cl-ass A votes equals number of C1ass B votes. b. Ten years after recording of first sale of property at Riverbend c. RPOA shal1 have duty and povrer to enforce all rules, regulations, restrictions and covenants set forth in this document, together with general powers as non-profit corporation and other powers as decreed to it by the Association itself at future times. SEE PAGE 6 A. . 7.. GENERAL CONDITIONS: a. No platted lot within Riverbend may be split for any purpose whatever. b. These covenants, or any part thereof, may be modified, amended or repealed as follows: l. Within five years of the recording of the first sale of Riverbend property with the consent of the grantor, and thereafter without the consent of the grantor, provided: a. Three-quarters of the total eligible votes are cast in favor of proposed modification, amendment or repeal, and d. RPOA is charged with duty of accepting title to public common areas deeded to it from time to time e. RPOA shall have riglit to enter private property to enforce covenants rules and regulations. f. RPOA shall maintain all necessary operating funds. S. RPoA shal1 supervise activities of all committees within its organization. h. RPOA shall have power to levy general and special assessments as necessary and desirable for continued suicessful operation and to implement projects and programs approved by the membership. 5a 2. Recordation of, a certification by the Secretary of the RPOA certifying that such changes have been approved by not less than three-quarters of the eligible votes. c. The RPOA sha1l have the right to enforce any and all limitations restrictions, covenants, conditions, obligations, leins and charges now or hereafter imposed by the Riverbend covenants upon all property owners within Riverbend d. Any act or omission whieh violates this Riverbend Covenants is hereby declared to be and to constitute a* nuisance and may be enjoined and abated whether or not relief is sought is for negative or affirmative action by the RPOA or through RPOA by any owner or owners. e. Fail.ure to enforce any provision of the covenants shall not con- st-itute a waiver of the right to enforce. f. The limitations, restrictionsr ccvend&ts and conditions of the Riverbend Covenants are deemed to be independant and severabLe, and invalidity of any provision or portion thereof shal1 not affect the validity and enforcability of any other provision. 8. DEFINITIONS: (This section will include a glossary of words referred to in the covenants, or in common use in matters relating to the covenants, together with simple definitions of such words.) DESIGN GUIDELINES AND REGUI,ATIONS RIVERBEND PROPER TY OWNERS ASSOCIATION FOREUTARD Riverbend has been planned to provide its residents with a well designed corn- rnunity, arnple open sFrace, a variety of recreational and learning opportunities, all within an environrnent that will be pleasant and protected frorn harmful change. Of equal importance is the fact that Riverbend is a community for families of raried incomes. Much of the housing will be reasonably priced, so that many who have not had the opportunity to acquire their own home can now afford to do so. However, good design in housing need not be expensive. The use of proper roof Iines, sidings, finishes and colors, together with proper positioning of the dwelling on the lot can all combine to provide attractive housing at reasonable cost. DESIGN COMMITTEE REGULA TIONS l. The Design Cornrnittee sha11 be composed of three rnernbers, all of whorn shall initially be appointed by the Developer. When the number of rnernbers of the Riverbend Property Owners Association (RPOA ) in residence at Riverbend -I- shall reach 200, the RPOA shall elect one mernber to the Design Cornmittee. When the number of members of RPOA in residence reaches 400, they shall elect two members of the Committee, and when the number of members in res- idence reaches 600, they shall blect all three members of the Comrnittee. 2. The terrn for Cornmittee rnembers shall be one year. 3. The Design Cornrnittee shall have full and final authority in approving or disapproving all plans. 4. No construction may be initiated without Design Cornrnittee approval. 5. If construction is not started within one year frorn date of approval, an ex- .tension must be requested in writing. The Design Cornrnittee rnay authorize a one year extension or, at its option, require plans to be resubrnitted for approval. 6. once started, construction rnust be cornpleted within one year. GUIDELINES The Design Comrnittee encourages everyone who plans to build at Riverbend to consider the following guidelines in planning aIl construction. -z- Site: Proper use of the proposed building site can have a great irnpact on the aPPearance of the finished residence. Consider each of the following elements: l. Existing grades and necessary changes. T"y for the fewest possible changes to natural grades and slopes. 2, Access for people and vehicles. 3. Location of building to take rna,ximum advantage of views. 4. Drainage away frorn the house. 5. Sun and wind directions. Building: l. SeIect a distinctive design. Try to avoid an exterior ele- vation that closely resernbles others in the irnrnediate area. 2. Certain designs are lrrore suitable to Riverbendts setting than others. 'W'estern ranch and rnine inspired styles are trrore appropriate than southern colonial or spanish hacienda. 3. Colors and textures for exterior surfaces should harrnonize -3- with existing natural rnaterials. Earth tones in subdued browns, reds and greens will blend a house into the site. 4. Exterior metal surfaces should be of a non-reflective (matte) finish. 5. A11 fencing for patios and service yards should be integrated with the design of the house itself. PROCEDURE T'OR DESIGN COMMITTEE APPROVAL A. The following rnaterials are to be subrnitted to the Design Cornmittee in order to obtain review and approval of proposed construction: I. Name of applicant and lot description. 2, Site Plan: An accurately dirnensioned sketch of the 1ot, indicating easements, existing vegetation and Proposed location of the residence and extensions such as garages, fences, patios and service yards. 3. A complete set of plans and specifications for the proposed building. 4. Sarnples of exterior finishes, stains and materials. -4- ul t B. The Design Corrrnittee will review the gubrnitted rnaterials at its next regularly scheduled rneeting and notify the applicant of approral or rejection of plans within seven days of the meeting. If plans are rejected, the reasons for rejection and recommended changes will be set forth in urriting. -5- Wesrenru Sr-ope Gas Co. 550 15th STREET DENVE R, COLO RADO 8O2O2 November 28, L973 Mr. Larry R. Sclunueser Director of Pl"anning and Zoning Garfield County 2014 BLake Avenue GLenwood Springs, Colorado 8L601- Dear Mr. Schmueser: On November 26th, Don Brungardt and myself met with Ham Duncan and Dick Thomas and reviewed in detail-, the Riverbend Development. In that meeting we came to agreement with Ham and Dick that a route could be provided to Western for a gas line in the event that Western determinesthat a R.O.W. is needed through the development. It appears that an easement could be supplied for our use aLong the main road with little effect on the proposed development. I,Iestern finds that this tentative agreement wouLd be satisfactory for any of our anticipated needs. DanieL L. Tekavec Associate Right of Way Agent DLT: sj Richard J. Thomas Thomas Associates COLc]FIAtfO STATE U N IVE RS ITY colonado state fonest senvice 1039 North 7th Street, Grand Junction, Colorado 81501 November 27, L973 Garfield County Planning Cormnission c/o Larry R. Schmueser, Planning Director 2OL4 BLake Avenue Glenwood Springs, Colorado 81601 Genttemen: Following are conments and reconrnendations pertaining to the Riverbend Devel-opmentsituated in Sections 33, 34 and 35 of T5S, R9W of the 6th p.M. and Sections 5 and 6of T6N, R9W of rhe 6rh P.M. The following cormnents are forwarded as recontrnendations for your consideration andpertain primarily to fire protection and natural resource conservation. General Conunents Because of the nature of a development such as this, there are both advantages anddisadvantages created. Erom the protection standpoint, the most serious disadvantageis the creation of an urban type development in a rural area. one must not only con-sider the impact on the developrnent area but also impact on adjacent areas. Records indicate that as population densities inerease, the relative rate of watershedfire occurrence also increases. Under sorne circumstances, particularly in ruralareas, fire protection can become a major and very serious problem. The primarydifficulty in providing satisfactory fire protection is derived from the need flrurban quality protection in rural areas which is more often than not performed underrelatively adverse conditions. In this particuLar devel-opment, it appears greater than average consideration has beengiven to conununity services including fire protection. Ttre fire protection activityaPPears to be based on firm ground, however, I would like to make the followingsuggestions for your consideration. 1. IncLude the fire protection plan as a condition of developrnent with appropriatesteps taken to guarantee implementation. 2. Include a mandatory requirement to devel_op fire home construction. I would strongly suggest that phase I fire protection facilities be operational protection facilities relative toif home construction begins in L974, by the time 40 homes are comptetedor by L976, whichever comes first. In most cases, 40 familys is more than fire department. sufficient to support an effective volunteer Page 2 3. ALlow for a modification of presently proposed equipn,ent which ruay be necessmry to meet individual locaL needs. Ttre general design and construction specifications of this subdivision appear to bequite satisfactory reLative to fire protection activities except for several ltems. It is quite cortrtron to request at least trro means of access and escape.from ruraLsubdivisions. It wouLd be appropriate if this devel-opment had dual access also, however, due to itrs location and general nature one means of access and exit mightnot be too much of a sacrifice. I would, however, suggest very strong consideration be given to the foLlowing design changes. 1. Stormking Road end in a cul-de-sac over 21500 feet in length. Under emergencyconditions this couLd be a very serious hazard. I wouLd strongLy suggest this roadbe continued to connect with itself to create a loop system. 2. CoaLtidge Road also ends in a cul-de-sac over 3000 feet in length. I would stronglysuggest an additional segment of road be constructed to connect it to Riverbend Road.It is suggested that cul-de-sacs be no longer than 700 feet. SincereLy, LeRoy A. Scott Senior District Forester r_1ffil au llh\tt./ \ Thomas Associates Consultants in Land Use Management November 26, L973 Ivlr. Larry R. Schmueser Director of Planning and Zoning Garfield County 2014 Blake Avenue Glenwood Springs, Colorado 8160I Dear Larry: Ham Duncan and I met with Dan Tekavec and Don Brungardt of Western slope Gas Company this morning. we showed them the preliminary plan for Riverbend and discussed possible easement for the proposed transmission line. Both gentlemen seemed to feel that a satisfactory route could be worked out along the main road, with only two parcels of proposed development affected -- the multi-family area north of the road just eist of the sewer plant site, and, if a school is buj-lt on the site we examined with the School Board, along their road frontage' A 50 foot set back, to provide for a possible future easement, appears to be all that is necessary. Dan emphasized that such an easement is only tentative at this time, since no decision has yet been made to build the line, and alterna- tive routings have not yet been explored. ftve enclosed a copy of a letter to Dan confirming the points of our meetj-ng, and he has said he will write you also, so that you will have their position on record. Best regards' Cordially, RICHARD J. THOMAS Cys. to: Daniel L. Tekavec Hamilton R. Duncan Enc. RJr/1tt 8030 E. Girard . Suite 509 . Denver, Colorado 80231 ' (303) 755-8668 ; Xov!&cr 26, 197t ilr. Daaiol L. trLlavco Ilcrtora slogn Car Oory'ttry Doavtr, Cotror.O9 80201 IrGar Duts Conft'inlng olrr dl.cugi.on ttrlr nornlng, grnllton Dunoan and I hrvc agrood Chat u6 rlll providr tbr accmaary .et brskl oa thorc lr't' *i ateermod 11 a Probablc routc for yoqr grs tranler'rrlon lLnoo ro tlratr iihen and tf iour ftm dcsldee.to bulld luob a llne aad rclootr a routc thet lnolrdor thc BLnrrbond rubdLvLrlon, tlrrrc vlll bo no proUfo h gruttng you tba n.o.t.ary caemt' Ar I untloncd l:blr nornlag, rtd apprtclrto lt, lf you rould rlto imrntoatr ycur oo-nouriranc. to ttrlr rrrangurnt dlroctxy to tlre cona&yre Plrnnlng Dlrcotor, llr' rtrryr Salrrrrler' as your ptrar on thls prolnmd plln l.tnc f,lra uP, urtll agprooLetr lt rrry ruoh lf 1lou rculd koog trr poltod. Cord,lelly, '1---.<1IivN nICBAND J. I8O}N8 Cf,rt. tor !ir. Hrallton Dunstn l&. trarr1'. Sohnumcr BirvItr 'E.i:ii:^".. -: :. 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'?.!"ir ,+-' {: ,,fffi;:, ;{rriffi;r;i,,;";1'':+fiji.li{i{ .,,, . : i:1r1:i,i*,; l:,.,' ii.,,.1,:, :r ;I#:fiil ,uff lt*;i. . ];i1, n ;; r-r'rY*r. -.a..''ri,'F.-i:-, , . r,, ''. ,-t'ii e'i6t* j'.i.' .. . i.4 #$#*ffi*'**'t,ffi:iffir:uffij,,; f i,{i;;ffi':ur-ir5;3rg5rUjrtffirb;ffit,;i'i,,ffi{'- E,.ii*;:a-,, ll,Tqilfii i..: .,;,, ;i ,, r. dl1".i I .-i$fi$fr.+,;.',fla ,ffii+:1 :'+ i+*+ gfi'.;i;. i.' l +r#nili#+ii'uqfigffi r":i, '6.1,.5;',1,+.1':fi :4,:- -'--- --r. :+ . ,;1'it,:,_..,._:_. :. . .-.. .tlr#ji:;f# #,|ffit,'l u i:iiJ*,# ; n *;- i ,i;i ;ffi:T,, ; :##hff ;ffi;E4 :? i"l I/) , .=.,r.4i GARFIELD trtrUNTY DIREtrTtrR BF PLANNING AND ZtrNINEi GLENWOtrD SPRINGS' trtrLORAOtr BI60I zElI4 BLAKE AVENUE Noverber 26, 7973 lrlestern Slope Gas Corpany 550 Fifteenth Street Denver, Colorado 80202 Attention: Dan Tekavec, Associate Right-of-l'lay Agent Dear Sir: In reply to your letter of Novenber 18, 1973, the gentleman that you should contact in regards to your request for afifty (50) foot easennnt is: Mr. Richard Thomas Thomas Associates 8030 East Gerard Suite 509 Denver, Colorado 80231 A copy of this letter along with a copy of your letter has been fonrarded to Mr. Thomas. Thank you. Schmueser cm PHON E 945-Ej212 Revi ew of Prel i mi nary P'lan of Preliminary Plat I . Reference: cover I etter from Wri ght Maclaughl i n engineers to Dick Thomas The formation of netropo'lican district under Colorado Iaw wiII create a 1ega1 entity which can finance and construct utility systems. This definitely must be referred to Gerry Hartert, Attorney at Lawo for greater 1ega1 definition. I do not Couniy wi I I supporf, a itrict formation which isbelieve that Garfield going to result 'in afor constructi on and governmental operation of entity that the water, would establ ish financing sewer and other utilities. The density presently shown on the master plan is much higher acreage to development acreage ratio than we would like to ses. The lots are larger than necessary. Calculat'ions should be made available on the K-factors of the proposed sewer lines to be 8 inches PCP or PVC. The soil condition report to us does not indicate the type of soil shown to be subdivided is not idealy suited for residential construction. hlas soil investigation taken into consideration under p'lat design and layout? II. Reference: 3.05 Subdivis'ion Regulations Our Subdivision Regulations c'learly states that we shall turn all prelimi- nary plan material over and cause to be distributed to the governmental agencies. The submittal is not complete, we need all the information that is required in Preliminary Plan. 'l Preliminary Ptat Review Comments 1) Streets should be more commonly connected. and not such a great length. 2) Easterly part of development j-s not suitable for development as indicated on Plan. 3) Is sewage treatment facility to sophisticated or practical for this type of development? 4) Has school site location been selected? What is the statis in regards to school systems? 5) Protective Covenants are basically very good Yi!!tire exception which has been pointed out by the Witdlife Commissibn and Bureau of Land Management in regards to domestic andmal control. All coveannts should" tncluda a :; leash }aw; and also ELMI s ner'r attitude on recreati6nal vehicles and access should be included in covenants. RE: letters Review of the geological survey by Chem and ASsociates differ from the Stite geological survey (Ietttsr will be in the mail today) but basically information is as indicated on plat. 6) Review water and sewer study is as in reference to marked up copy. 7) I don't believe that lots above blue line should be p1att,6d. \ UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATTON SERVICE P.0. Box BB0 Olenwood Springs, CO. 81601 'Iarry Sohmiezer Garfield County PLanner 3014 Blai<e Glenwood Springs, CO. B1601 Mr. Sohmiezer Novonber 25, 1975 Enolosed ls a oopy of the rnateriaL sent to Mr. C.D. tolman of the SiverbendDevelopmento He informed our office that you had copies of naps for thedeveLopment, but he felt you should get . "opy of the soir conservationServioe soil inforroatlon. rf you have any questions please feel fnee to contact our office. Sineeroly yours; $S""-U [-- Allen D. Koester 1 CONSERVATION PL/ UNITED STATES DEPART}IENT OF AGRICULTURE cooperating with < *t -^ t;)ot-,) h r)'d€ ut SOIL CONSERVATIOII SERVICE = OUR S(}IL * ()UN STRTNCITI = owner --& Conrcrvolion Dishicl Plan No. Opetator 5p21s 3"-- / 'ni p6lE rr- d3 - 2-? Acles'.-....'.'................-....- 6o"{,olJ Calo r-/o Photo f{o. Approrimolr L))(A, -?.t-r. Zo., t zotl x 310€' ]ohn D. Vanderhoof xqEt$(x)oioilDE( Coverrror C. '. K'TPEB Stato Engrlncor DIVISION OF WATER RESOURCES Deporiment of Nolurol Resources 300 Columbine Building I845 Shermon Streel Denver, Colorodo 80203 November 20, L973 Garfield County Planning Commis sion 2014 Blake Avenue Glenwood Springs, Colorado 8i601 ATTN: Larry R. Schmueser Re: Riverbend Dear Mr. Schmueser: This is to acknowledge receipt of preliminary plan material on the above referenced development. As requested, I have re- viewed the water supply plan and would recommend approval con- tingent upon the developer obtaining the necessary change in water rights from the Water Court for the Vulcan Ditch. IADIHDS:mvs cc: L. Enewold, Div. Eng. (5) Gil McNeish, L,U.C. Bruce DeBrine Very truly yours, ,{;a, #r*,1^ . leris A. puty State Danielson Engineer Wgsrenru SlopE Gns Co. 550 15th STREET DENVER, COLORADO 8O2O2 November 19, 1973 Garfield Co. Planning & Zoning Dept. 2OL4 B].ake Avenue Glenwood Springs, Colorado 81601 Attn: Larry R. Schmuser Riverbend Development Dear Sir ttrestern Slope Gas Company has reviewed the above captioned prel-iminary plan and find that because of the energy crisis and public demands, Western does have tentative plans for a major pipeline in the vicinity of this planned development. Western would like to ascertain the possibility of obtaining a 50 ft. wide easement lying in the proposed greenbelt area in the develop- ment before we can comment any further. Western cannot operate in a standard utility easemenE due to the problems withthe large size of pipe: high pressures required to transport the gas, safety to the public, accessabil-ity in case of emergency, and closeness to other utilities. Please advise us on the proposal or suggest whom we shouLd contact in regardto this matter. DT:cg ,_,,Very truly f)0,*.- -{*t Dan Tekavec Assoc. Righ United States Department of the Interior BUREAU Glenwood Glenwood OF LAND MANAGEMENT Springs Resource Area P.O. Box 1009 Spri-ngs, Colorado 81601- IN NEPLY REFER TO 1600 November L4, 1973 Larry R. Schmueser Garfield County Plaruring Commission 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Larry: Re: Riverbend Development Thank you very much for the opportunity to comment on the proposed Riverbend Development. Tkris proposed deyelopment is located adjacent to approx- imately 2500 acres of National Ftesource Lands, a large portion of which is classified as critical- deer winter range. The activity associated with t}re planned 609 living r:nits will undoubtedly have an adverse effect on the deer and. other wi]dlife in the area. ft is noted in tLre covenants that household animals wil-l be allowed irr the development with apparently no provisions for confinement. This could mean that several hundred dogs would be running at large and presumably a consider- able number harassing deer and other wildl-ife on ad.jacent winter ranges. If this is alfowed to happen, the wintering animafs would be in serious jeopardy. I would strongly urge strict control measures be imposed. Anotlrer major concern would be the use of off-road vehicles on adjacent National Resource Lands. It is conceivable that many fanui-Iies in the development would own trail-bikes, jeeps and snowmobiles. The use of the l-atter on deer winter r€tr-rge can seriously interfere with wintering animals. fntensirze use of off-road vehicles also has an adverse impact on watershed, aesthetic, arrd other resource values. rt is our experience that people living in sr-rbdivisionsadjacent to blocks of public land tend to think of thepublic lands as their own backyards and playground.s.rnevitabty problems result from the "orr"lrrtiii.a ,r". ofthe public lands and restrictions are imposed by t].e randmeuxagement agency to protect the resources. At reastsome of ttre potential probrems, such as those mentionedaborre r cErrr be minimized by the developer throughrestrictive covenants. The "Abstract of Environmentar Analysis and potentialImpact of ttre Pro;rcsed Derzetopment" sqbrnitted by theapplicant does not ad.dress itierf to ',off-site,, considera-tions. I would strongly urge that a complete Environ_nental rmpact statement be required from the applicantbefore any action is taken on this proposal. i woutdalso appreciate an opportrrnity to review the E.f.S.before making further comnrents. Thank you again for your cooperation. Sincerely yours, Stewart A. Wheeler, Area Manager Gene byrneP.0, Uox 708Rlfle, Colo. 81650 Garfield County Planning Co,nmisslon A.ttensiotrr Larry it. Schroi,roser ?OLl+ Blake Ave. Glenwood Springs, Colo. 81601 November 14, L973 Dear Mr. Schtnueeer Thank you for your letrer dated uctober 29, L973 regarding y6ur request for input on the proposed Riverbend Subd ivlsion. I have made a wil"dlife inventory and survey of the area on November 1,3, L9?3. Generally, t,he area Could be ciescriberJ as three seperate ecological comnuni i"ies. 'lhese cornmunities are the Colorado ttlver ancl its flood plain; ihe agricultural pastures and hay m*:aldows i erncl tire Pinion- Juniper-l3rush comr,runity that is associated with the steeper slopls a1onf, the southLrn edges of the subdivision. 'l'he Colorado iiiver community is preseni;Iy provldii-rg an exeellent trout fishery. Both rainbow and brown trout as weAi aB native species- of fish euch as bony-tailed chub ana suckers inhabit this strech of the river. 'i'he Division of wiidlife has a cooperative agreen;ent v;ith I\',r. D, G. rticharrjson, the previous owner of the propertyt to.etock the river each year with 300 pounds of cntcl:able slze rainbow trorrt. This l:as Leen- done by the Drvision and in i"r" rt'". Richardson has allowed public access to the river. ifre only thing that he has requested th9 fishermen do is not to drive accr6ss his fields to get i;o the stream. the stream itself has been chartnelized by the construction of I-?0. the channelization and the resulting rip-rap on the banlis has deminished this area as f'ar as iquatic an<i terrestrj-al wiLd- Iife. l'he impact of this channellzation has been the neairly cornplete remoial of all einergent and terresirial vegetation. lhi; has completely ruined the area for vraterfowl nesiing and even ireaver lnlrabitation. l{owever, the area ls still frequented by ducks, beaver and evidence of racoons was visfule. $luie deer aLso use the river to drink ' I feel the greatest impact from the subdlvlsion on the river bottom wlII Ue in the form of lncreased people impact' Fiahing pressure wiLt definitely increase and 'chie will result in decreasod catch per man hours Lnd also the quality of fishi!8 this particuS.ar plece-of water. I{owever, the Division may be able to increase our stocking rate in this streach of stream to oompensate for the added fishing pressure. ' lhe agricuJ,tural pastures and hay rneadows within the boundarys of the subdivlsion are providing the Least arnount of wlldllfe habitat for the area. This is also the area where the the greatest amount of developnrent will occur. Utu1e Deer have been strongly attracted to these fields especially in the Sprlng of the year when the a}f-alfa and grasses are ,: Ueginning to"first g16en-uP, Also, a few resident deer, (deei: ih;t ;i;J ln the ar6a the year around, mainly does ald their fawns) will vlsit these fiel,ds in- the Summer and Fa1I. During 'the Winter the deer have cs"us€d Mrr Richardson some serious damage problems.to his hay stacks. The Divislon of Wildlife has irrovided l[r. Richai'dson a 7 foot high permanent stackyard ind deer paneLs 1;o protec'L his hay and cope wi-[]r.'Lhe deer damag5e probLem. iVJr. Itichardson told me that during the ear3-y 1950;s tfre damage was the worst but in reeent years the deer frive not been so numerous on his place, He has allowed public huntlng to help harvest surplus animals-. IXr. Richardson aleo sfated that," It has b6en impossible to grow apple treeg because of cleer browsing". I{e also stated thait he planted some ornamental cedar tieee and the doer browsed them heavilyr This could be a serious problem to the future residents of the Riverbend Subdivieion. According to the damage laws (62-3-Z-j C,R.S. L963 as amended) tfre Division is no longer iesponsliile for deer damage to landscaping that is pLanted after Janurary 1, Lg?O. ijecause Of the encroaehment of people in the area the deer damage problem may be lessened but $ener-ally deer are very adaptable-anLmals. Thg greatest-threat to the deel in the agricirltural community type will probabl'y be from domestlc dogs chaslng and kiIllng deer when they are weakened by the wlnter snows. , the Plnon-Juniper-Shrub community will probably suffer- the $ 6Sreatest impact from 'Ufre subdivls j.on" - Thls area is critlcaL Eeer wlnter range, Tltls is any area that the deer vrilL be conflned to durlng heaviest snorvfall. the Grand Hogback on the South and the Colorado River and I-7O on the liorth will provide a set of barriers to hoLd tire deer !n this area. tne Hogback also blocks sunlight on this north exposure and causes snow bulld-up further concentratlng the deer, Normally deer will avold these north slope aspects but ln this area the deer are stll1 present during the winter, I ran a feOal pellet transect al.ong the sagebrush flat in the area around the sagebrush fIaI and in-the area of the proposed S^torm^K118,- ^ ^nola. iiy counting the deer fecal pellet groups !n 10 -L/L00 acre plots and by mut tlplying thig figure by 10 to get a one acre Eamp1e slze the result wae 669 pellet groups -*er acrer Thls figirre is then dlvided !y 13 (tfre average_deficatlon rate pei aay of deer and e]k ) . 'l'he resultlng f igure shows .pp"oiimateiy J0 deer rlaye per acre. 'r'hls figure is a.general' lndex to show the amount of time deer 6pend on a certaln pieoe of property. Thls figure represents_ approxlmately ihree yeals of aita because the pellets wllL usually remaln qrf tire grouncl f or three years before they A""otou" ' therefore on the "r"rES. wlnter deer wiff spend L6 deei days per acre on this sagebrush area. E1k have also used this area but to a much ledser,amount ( 0.5 elk days per acre). 0n the steeper s)"opes to the'south, 'i,tre vegetati6n changes from exclusively sggebrush to a mlxtufe of eervioetrerry, sagebrush and mountain mahogany. Serviceberfy and mountaln mahogany are- more desirable to deer than sagebrirsh but are not aLways- available to them because of ""o* aei,tn, In this area the deer days per acre was 10. Another transeot wps made in the 'rcommon area'r along the rldge ln the extreme eastern portion of the subdivislon. Here the deer days per acre w&8 7. This area is covered with Pinon-Juniper and th"r" are B few Fonderosa plne trees on top of the ridge 'Evldentall:y the deer are staylng ln thls area by the amount of F fresh tracks and dropplngs that I observed. The subdivlsion wil,I encroach on approximately 50 acres of sagebru6h wlnter range (see map). This is not a significant loss of wt;pter range bud the influence of peolp1e, . cars and dogs oould'result fn forcing the deer a i to a t mlIe above tho Iower limlts of the wlnter range The BxJ-Shrub community is also the habitat of the Chuclcer Partridge, Cottontall Itabbit, Coyote' Bobcat and numerous oif,"r siiaif blrds and mammaLs. ilfre most slgnlflcant impact w111 probably be towards MuIe Deer. Any subdivislon or development aLong the Col"orado Rlver bottom in the New Castle area wiff have a deteimental affect on Uig game ungulates. However, I feel ihat the area for the p"opoE"E Rlver6end Subdivislon wl1I have a less cletrlmental iffict than other areaa which have an undisturbed winter range on . south facing elope' I also feel that if certain s'Eeps ure taken ln the*plann1ng of thls subdlvlslon that the impact on wlldLife and the assoclated recreational values can be pi;"seivea. $/ith thls thought !n rnind, I recommend to the ilannins commission thatr' L)- lrr lands in the fLood plaln be dedicated as a common area and open by pub].lo acceas routes to the general Public'Z) prot[ctlve C-ovenant /th-6 be amended to include a strlct lea.sb law and conflnement of dogs and cats to tne restaents yard when not on a Leash 3) Cormon arels abov-e the lower limits of the winter Ihank you for allowlng the Division of VJil"dlife to provide tnput-on inis project. If-I nay be of further asslstance p3-eaee let me know. Sincerely yours, Gene Byrne Wi1d1lfe Conservatlon Officer Rlfle Souih Dlstrict \ STATE OF COLORADO John A. Love, Governor 75ti -t{c"nhtelM,roy - r' 89 7=/g 72 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE Harry R. Woodward, Director 6O6O Broadway Denver, Colorado BO21 6 o 825-1 192 Gene ByrneP.0. Box 708Rifler Colo. BL65o Garfield County Planning Commission .A.ttensionl Larry R. Sehmueser 2OLU Blake Ave. Glenwood Springs, CoIo. 81601 November 14, L973 Dear Mr. Schmueser Thank you for your letter dated Octotrer 29, L97) regarding your request for input sn the proposed Riverbend Subdivision. I have made a wildlife inventory and survey of the area on November L3, L973. Generally, the area could be described as three seperate ecological communities. These communities are the Colorado River and its flood plain; the agricultural pastures and hay meadows; and the Pinion- Juniper-Brush eommunity that is associated with the steeper slopes along the southern edges of the subdivision. The Colorado River community is presently providing an excellent trout fishery. Both rainbow and brown trout as we}l as native species of fish such as bony-tailed chub and suckers inhabit this strech of the river. The Divisionof Wildlife has a cooperative agreement with Mr. D. G. Richardson, the previous owner of the property, to stock the river each year with 300 pounds of catchable size rainbow trout. This has been done by the Division and in turn Mr. Richardson has all-owed public access to the river. The only thing that he has requested the fishermen do is notto drive accross his fields to get to the stream. The streamitself has been channelized by the construction of I-7O. The channelization and the resulting rip-rap on the banks has deminished this area as far as aquatic and terrestrial wild- life. The impact of this channelization has been the nearly complete removal of all emergent and terrestrial vegetation. This has completely ruined the area for waterfowl nesting and even beaver inhabitation. However, the area is still frequented by ducks, beaver and evidence of racoons wasvisible. Mule deer also use the river to drink. I feel the greatest impaet from the subdivision on the river bottom will be in the form of increased people impact. DEPARTMENT oF NATURAL RESOURCES, T.W. Ten Eyck, Executive oirector o WtLDLIFE COMM|SSION, Dean Suttte, Chairman William W Robinson, Vice Chairman o Ford Strong, Secretary o Dr. J. K. Childress, Member. Wilton W. Cogswell Jr., Member Harry Combs, Member. R. Withers Cool, Member o Charles A. Gebauer, Member . Orest Gerbaz, Member o LeRoy Robson, Member Fishing pressure wil definitely increase and this will- result in decreased catch per man hours and also the quality of fishing this particular piece of water. However, the Dj-vision may be able to increase our stocking rate in this streach of stream to compensate for the added fishing pressure. I"'he agricultural pastures and hay meadows within the boundarys of the subdivision are providing the least amount of wildlife habitat for the area. This is also the area where the the greatest amount of development will occur. Mul-e Deer have been strongly attracted to these fields especially in the Spring of the year when the alf-al-fa and grasses are beginning to-first green-up. Also, a few resident deer, (deer thtt stay in the area the year around, mainly does and their fawns) will visit these fields in the Summer and FaIl-. During the Winter the deer have caused Mr. Richardson some serious damage problems to his hay stacks. The Division of Wildlife has provided Mr. Richardson a 7 foot high permanent stackyard and deer panels to protect his hay and cope with the deer damage problem. Mr. Richardson told me that during the early 1950's the damage was the worst but in reeent years the deer have not been so numerous on his place. He has al,lowed public hunting to help harvest surplus animals. Mr. Richardson also stated that, " It has been impossible to grow apple trees because of deer browsing". He also stated that he planted some ornamental ced.ar trees and the deer browsed them heavily. This couLd be a serious problem to the future residents of the Riverbend Subdivision. Aceording to the damage laws (62-3-2-j C.R.S. L963 as amended) trre Division is no longer responsible for deer damage to landscaping that is planted after Janurary L, L970. Because of the encroachment of people in the area the deer damage problem may be lessened but gener- aIly deer are very adaptable animals. The greatest threat to the deer in the agricultural community type will probably be from domestic dogs chasing and kilfing deer when they are weakened by the winter snows. The Pinon-Juniper-Shrub community will probably suffer the greatest impact from the subdivision. This area is critical- deer winter range. This is any area that the deer will- be confined to during heaviest snowfall. The Grand Hogback on the South and the Colorado River and I-70 on the North will provide a set of barriers to hold the deer in this arear The Hogback also blocks sunlight on this north exposure and causes Snow build-up further concentrating the deer. Normally deer will avoid these north slope aspects but in this area the deer are stil-I present during the winter. I ran a feeal pellet transect along the sagebrush flat in the area around the sagebrush fl-at and in the area of the proposed Storm King Road. By counting the deer fecal pellet groups in 10 -L/L00 acre plots and by multiplying this figure by 10 to get a one acre sample size the result was 660 pe1let groups per acre. This figure is then divided by Li (the average defication rate per day of deer and elk). The resulting figure shows approximately 50 deer days per acre. This figure is a general index to show the amount of time deer spend on a certain piece of property. This figure represents approximately three years of data because the pellets will usually remain crl' the ground for three years before they decopose. Therefore on the average winter deer wil-l spend L6 deer days per acre on this sagebrush area. Elk have aLso used this area but to a much lesser amount ( 0.5 e1k days per acre ) . 0n the steeper slopes to the south, the vegetation changes from exclusively sagebrush to a mixture of serviceberry, sagebrush and mountain mahogany. Serviceberry and mountain mahogany are more desirable to deer than sagebrush but are not always available to them because of snov, depth. In this area the deer days per acre was 10. Another transect was made in the "common area" along the ridge in the extreme eastern portion of the subdivision. Here the deer days Ber acre was 7, This area is covered with Pinon-Juniper and there are a few Ponderosa pine trees on top of the ridge. Evidentally the deer are staying in this area by the amount of fresh tracks and droppings that I observed. The subdivision wil} encroach on approximately 50 acres of sagebrush winter range (see map). This is not a significant loss of winter range but the influence of peo1p1e, cars and dogs could result in forcing the deer a { to a } mile above the lower limits of the winter range, The P-J-Shrub community is also the habitat of the Chucker Partridge, Cottontail Rabbit, Coyote, Bobcat and numerous other small birds and mammafs. The most significant impact will probably be towards Mule Deer. Any subdivision or development along the Colorado River bottom in the New Castle area wilL have a detrimental affect on big game ungulates. However, I feel that the area for the proposed Riverbend Subdivision will have a l-ess detrimental affect than other areas which have an undisturbed winter range on a south facing slope. I also feel that if certain steps are taken in the planning of this subdivision that the impact on wildlife and the associated recreational val-ues can bepreserved. With this thought in mind, I recommend to the planning commission thatr 1 ) A1I lands in the flood plain be dedicated as a eommon area and open by public access routes to the general public. 2) Protective Covenant #h-6 be amended to include a strict leash law and confinement of dogs and cats to the residents yard when not on a leash 3) Common areas above the lower limits of the winter range be preserved in their native vegetation. fhank you for allowing the Division of Wildlife to provide input on this project. If I may be of further assistance please let me know. Sincerel-y yours, &,o-Q,-U^a-- Gene Byrne /Wildlife C/oltservation OfficerRifl-e sou&d District f 4\f 1i## ,L ,,.''.I' I r'!li (iil.tlr{} lr- : :$.f ) t,11it !_ lr^..1itr i p i A!& -i!.l:il b "rilirl tr I'lt:i iit l.i. lt. l', i, Mr. L. R. Schmueser, Director Garfield Cor:nty Planning and Zoning 2o1U BLaxe Avenue Glenwood Sprlngs, Colorado 8f5Of Dear !,1r. Schmueser: ftrls has reference to tbe subtlivision near New Castle knorn a8 fhe Riverbend Development corporation. According-to the infonoation relete6 at ihe boara meetin* of August 28, 1973 by officers of the proJect, it was lndicated there wouLd be sone 5OO acres for residence development' I do not recal-l that a specific number qf fnni !y dwellings was mentioned for occupancy on the 5OO acres' If there is to be a minimr.u number of 6OO fqmi fies with an average of 2t children per family, this vou-Id mean an impact of some 1500 stud.ents on the Garfield Be-2 School- District' with the above in mind the Garfield Re-2 Schoo} District is requesting that a , percent va1ue hel-d in land or money for the acquisition of school sites and faciLities be honored. If there is further information or procedr:res we need to fol- J.own ve sha.i- appreciate whatever assis+-anee J'ou m:ight give lts .:z'ff)(-ruJ) 7/>r! w. Green Superintendent LWG/hw Mr. Wil}iarl Mason SOI'TE SIDE SOIL CONSERIIATTON DTST EICT Novernber 9, 1975 Rif1e, Colorado Iarry Schmuesor Garfiold County Director of plauning 2OL4 Blake Avonue Glencsood. Springs, C0. Bl6OL Dear Mr. Sohmueserr The South Side Soil Conserrrr.tion District has receivod. the prelininaryroport for tho Biverbend trfletropoliton District . we appreotate trreopportunity to revies these sketoh plans and conmront on ?hemo Eoweverr thts plan lacks lnformation vital to our revienr ae requlred lnseotion 4.02r05 paragraph b. of the Subdivision flegulations of Garfieldcounty. Thls regulation requiros soirs infornetion based, on theNational Cooperative So11 Survey, USDA, Soil Conservation Serviee and. atable of intorpretati.ons for these soiIs. The preliminary report dld have a geologioal and soiL investigatlon, butthls d'oos not satlsfy the above mentloned regul"ttion. the GlernroodSprings SCS offioe soil scientist gavo Thoru.i and Assooiates the requireildata, but tt vras deleted from the reporto We will be happy to reviem this plan whon we receive the requLred infor-natlon and will count our 24 day roview period from that d"ate. Please aontact us if you havo any questions. Sincerely yourss 12 " r-) rr114 D/_.:)*:..,-..u ft.u]. Pitmn President, South Side SCD oc, Mr. Pete Mattivi chaiman, Garfield county corrnisslonersMr. Richard Thornas, Thonne and Assooiates- .Y. f'L:.s1; peiD' October 29, 1913 D i vi s i on of Water Resources Mr. Ha I Si mpson 101 Columbine Bui lding 1845 Sherman Street Den ve r, Co I ora do 80203 This is to certi fy that the subdivision named Riverbend Developnent has submitted to this office drawings and speci- fications (prel iminary plans) with supplementary data to be reviewed by this office wifhin the next 24 days. Please return this notice to the office of the Garfield County D i rector of P I ann i ng and Zon i ng. Thank you. Larry R. Schmueser Director of Planning and Zoning 2014 B lake Avenue Glenwood Springs, Colorado 81601 kls received by 1':r,,,.,''rt ,.:. 4(, - ,,. -^- t i t I c . ',/ {,, ,/ , .r./ ,.,t -:.. _ r^tr^ .),' '. /.'/;' -O udlu ui - . ; =.I # rt *j 0-*' I n'D!.1 ODLT DO llOo Elrit loleol Dr. |!LD. ,. ffrrott' lftaI.rn Oe!. ! llll.a f.-rL h. *tDt f,lrL Jri.t ElrL lclod JrrL Lvatr. ltrrllel. b.c.rt a b. L.tb Lr.t ryBiE D.lLt h.caaL EARFIELD SEHOOL DISTRIET NO. RE.Z L W. Grocr, tuPcrlntondcnt 626 - 1606 I* W. 8t John, I)lrector ol Puroharfn3 & ftrrlculum 026 - tt81 P. O. Box E7t B,lfte, Oolorado t1060 October L9, l9T3 Itr. L. B. Schmueser, Direetor Garflelcl County Planning and Zonlng 201b Blake Avenue Glenrood Springs, Colorado Dear llr. Schmueser: 8r5or Ihis has reference to the subcllvlslon near New Castle knomt aB The Riverbend Development Corporation. Accordlng to the luforuatlon refated at the board reeting of August 28, L9T3 by offlcere of the proJect, lt was indlcated there vould. be soEe 5OO acres for resld.ence clevelopuent. I tlo not recall thet a specific number of faJmi Iy dweJ-lings wae Dentioned. for occupancy on the 5OO acres. If there is to be a nlnimun nr:mber of 6OO farnl lles w"ith an average of 2t ehilttren per fa.nily, this vould mean an lmpect of some 1500 etudents on the Garfteld Re-2 School District. Wlth the above in mlnd. the Garfield Re-2 School Dlstrlct ls requesting that a ! percent value held in fand or money for the acquisitlon of school eites and facll-ities be honored. If there ls further infornation or procedures we need to fo1- Iov, ve gha,l1 appreclate whatever esaistanee you mlght give ua. ItLt' COLOnAITO lllt Elcncrtrrt tclool R.t D. f,mra. Prh. r7a-tta NEW C.I'STLEI COLORADO Rlvcrrlrtc Jrrlor lIlSL Schocl llcr Crrtlc DlC-crt.rt Rrlpl Erblell, F.r|n. tBa-ttrt:l Very truly y )f /4 Li W. Green Superintendent LI,IG/hv cc: Mr. Willia-n Mason II i i { I ce i cor^\* ( cn "/Y\\!sto-n r{J ) Mountain Bell P 0 Box 220 Glenwood Springs, Colorado OeLober 8, L973 Mr Hamllt,on Duncan, President Riverbend Development Company 8030 E Girard, Suite 509 Denver, Colorado 80231 Dear i,tr. 'Dufre'dfl This letter is in reference to your inquiry regarding provision of telephone serrrice tso the Ri.verbend Development which will eventually encompass 609 llving units. Our central office llnes and telephone numbers will be adequate to take care of your forcast of L2A uni.ts Ln L974. Addltlonal centraloffice faciIllies will be added in the future to keep pace with New Castle growth. Arrangements should be made to insure that adequate feeder cablepalrs between our Cent,ra1 Office in New Cast,le and the developmenE are provided and also distribut,ion eables within the subdivisi.on unrst be considered. As covered in our Tariff, Section 8, amenddd and approved by the Colorado Publlc utility Coumlssion, developers are asked to place a cash amount with the telephone company to cover cosEs of place feeder and distribution cables for developments such as this. A meeti.ng will be necessary rrtth a representat,ive of our rate andtariff division, a representative of your firm, and myself to discuss the amor.urt of money required for placement of t,elephone facilit,ies. A anrrgal refirnd is later made over a period of flve years to thedeveloper. Thls refund is based on revenues received from subscribers establishing senrice ln the sub-divislon. Mountain Bell Page 2 The followlng infor:mation is needed from the developers and isrequlred i.n _order that our engineering department rnay det,ermi.nethe detailed costs Lo senre the development. Plot plan of the area or subdivision. (4copies) Specific area to be covered, including completelegal descripti-on. Senrice offering, that is 1 party or four partylines and how many of each. Developers Limetable. The responsible party, or parti.es, that,the costs associated with distributioncable for constnrct,ion charges. As soon as the above informat,ion is received a meeting will be arranged as discussed above. If you have €rny quest.ions regarding the above, please contact Paul G Patterson at Motrntain BeIl , L429 Grand Av, Glemrcod SpringsColorador or call 945-6335. tl] (3) ts]will handle and for further tterson .ti ; 'H , ga tl/,r*o...s,t lr-*el*, / L,ilcAlJ \l \ 31s73 ir.r\APl-E &lAtsXED; +731--32 RiverI7oc. - RDT ,AN.ALYSIS: I'{ATER, HIHERAL Tfl-E lD€ 4t3-)*{l DATE RECE;VED1 9/?9/73 DATE BEPOnTED. L0/2/73 LAB. NUSIBER: 3778 tA dPLt3 Atr olgcrrDEo lx lr DAYi tloA{ DAlr of TEFOTT UnL[]r vf At! erouElTao, Jii gtlrl]ro, TO tfTAtX TXfA^ FOa A LOnd;I;l t'tElQo. f-::tlirt- .ALLE TTA{'LI,! ARI UsUALLY D!IC,AID-.tD I!f'-EI'- IATELY UHLf!t CLIE'{' HA.' IEQ{'A''EC T'i,CIALlt^xoLrxo trrllllxc, Era., llt ADYA,{C. suH Ellsu$ynrftL frs*0nsT'.$frxii$ ffislJp&tlv ffirn ocT AteJytiri t*! Cotttbhg Clr,nittt 2600 $€sT 29TH A\€liL[ ofxYeR. cai.oRrin eozlt a!{.rtTs$ ErgrT WR,IGHT I^IATER ENGTNEERS ?420 Alco'Et St,reet Denver, Colrcrado 80211 Bend - 9/20/73 0300 A}IALYSIS r:Ci{qI]LA AND NA}{1 Ce o Ca'lct um. t'19, F{agnes{ r,m. lia, Sodibm (bY (33u Carbonate . . I'e.sE .thaq l"lC()3, Bi carr:ona te ' S04, Suifaie fli, Cbtroride . . liil3, Nirirate . . . . . . o . FC4, Phosphate . .. - . ' .'. . 5102, Slllcon dioxide. . . - . [:e, iron . aaaaoaaoSa dl ffer^ence) . c ca1cl um carbonate) cai cl urn carbonate) pH. EvaporatedSollds ... I"In, Manqanese aaaa HYPOTHETI CAL C()HtsI NATIONS KCI , Potassi um chlorl de NaCi, Sodium ch'loride . . . Ha2S04, Sodluun suifate. Na2C03, Sodium carbcnate. HaHCO3, Sodium bicarbonate. . . ltgs0+ , llagnes'i um sul fa l.e. . Hg(HC0:)2, lilagnesi r:rn b i carbonate CaS04, Calcium sulfaie. CaC03 , Ca'l ci um ca rbon ate. . Ca(HC03)2, Calcj um b'icarbon.rte, CaS1i)3, C;i1 ci um s'l i 1 con di oxi de c$<ew5T 25 10 57 0.1 165 22 10 0.5 16 0.06 L.2 0.1 135 .10 3 r llterITgran"6 7.8 229 0.05 ?:, F'l ucri Ce. . P AI ka'li ni t.Y tr'qsg 'th('ln terms b,r calcium carbonate) liO Al kal i n itY. ( ln terms of il a r^dness(in terms of :..**i#S Sft a*qt'c-ar atl?r c* c{titAL Cligr.rrYl }.q.f "ricr:t c},dxx:aL *xtxr/ /r.JJ.leICAJ O'1- CH3-rt:fr!' JCCI{'i-t A.-+,t'rt # odrrctar it-ttlua:l cli{xlfis llr'1r rY &D.l<llx'i i,nI G, A,jrrl[]C.atfi-rtl\rf:l Of F;,JO I;1CHi&C{.(X,'/ $f.,J*A rt FORHULA AND NA}4t *e.q,t$l*:,s**sti **,B l$daisr},1tsrjt:: .rqrs*'&qt$leaf iJ ; I I -{t-'it*r":r\ t(a_'4rF i *1 " 1 r ''irf :lYr'$il1 lr':'l . i :i ..,.:;a.: . l; TTXE HFJSfu'$TffiflAL BRIGiIT i.iATER, E.'{GI}IEERS 2420 Alcott Street Denver, Colorado 8021-1 Analrtic:l unl Coatrhit3 Cbt*ittt 2600 r€5T r'liri AVEJIUE DENYER. COLOfl^DO 8O2I I AHAIYSlt tltolr TELEPT0HE /155-3611 DATE RECEIVED: DATE REPORTED: tAB. NUMBER: )'{ H.fl ilSrlfi Tffi n A H$ ffi,fl 1,1 pdiffi Y e/7/74 e /La/7 4 26ZZ $'tPLE IflARKED: *7EL'32 GI ANALY5I5:}lILLIGR},IVIS PER LITER SA.AAPLES ARE OIsCARDED IX IJ OAYS FROA{ DATE OF REPORT UNLESS WE ARE REQUESTED. IX \NRITI\G, TO RETAIN THEM FOR A LOHGER PERIOO. PERI3H. ABLE SAMPLES ARE U5UALLY DIlC XOEO II'{1rED' IATELY U}ILESS CLIEHT HAs REOUESTEO sPECIAL i+rxolrxo (FREEzTHG, ETc.) lN AovANcE. i'ilLtIGRAI.IS PER LITER, Calctum Iiagnesium Sodium (b:t flanre) Carbonate Bl-carbonate CtrlorLcle Sulfate:{ltrate S.ilicon dioxidefron Less Fluoride P" alkalinity, in terns of calclurn carbonate l'1C alkalinlty, in terrns of calcitrn earbonate Ilardness, in terr:-s of calciuin carbonateTotal dl-ssolved soLids i'{B-35 Arsenic BarLum Selenium C!'anide Phenols He><avalen't chrornlura Cadmlurn Copper Learl IreSS Less Lese Less Less Less Less Less Less Less 57 2L 1"s 18 2L5 3.0 20 0.7 7.5 than 0.05 0.1 15 I7s 230 345 than 0.5 than 0.01 than 1.0 tha:r 0 " 01 than 0.01 than 0.00L than 0.01 than 0.01 than 0.1 than 0.05 Ir{anganeseSilver Zinc PI{ Less than 0.05 Less Lhan 0.01 tess than 0.5 g.I #*ae95 0r: A}{IitCAx A!t'x OF CEITEAL CHtr,'rl3T! UrrrtC.lx CXf HICAL gOClE"I^!' rirrrc-ex olL cHEMltr:' toclrrYr$'x or c+FlclAL nAclllc cHIArllTt Ia'({tY E}lClH{!eI OF ArlERlCA Iil5YITUTf, OF TOOO T!:CHPOLO6Y ito$,^ xl i RSrOtt lt;{ot fo Rf, RTPROOUCID, lli WxoLt ot tx I'dlT', I.ABORATOR COIAPA?'lY FOI ADvIRTI3IXO PUiTPOS!$-W|THOUI OrTAllrlHC Plloi ,wrtrIB AUTH'lrlrl^Tt('' nrrr\ cnr\l q\ CJ q) > or Io q, = DRINKING WATER QUALITY STANDARDS(Stondord Wct Chcmicot Anolysis) CHEY I CAL Conrllluonl Alrorinity (P) l5 Alfyl Banrenc Su lf onotc ( ABS)5 Arsenic 5 .OI Bortum5 1.0 B I corbonola 215 codrniurnS . Ol Co lcium 57 Corbon Chloroform5 Extroct (CCE Corbonole I 8 Chlorids 3 Chromium5 . 0l coppcr" . I cyonides 0,01 Fluoridc 0.1 Hordness ?30 lron 0.5 Leod5 .05 Mognesium 21 Mongonesa 1. Nitrole 0.7 Phanot5 .0OI .5)Btonrum .01 Silicon dioxida 7.5 Sitvsr5 Sodium I .5 Sulfola 20 Tolol Dissolved Solidc (TDs) 3\5 z inc5 Rodium -""65 Slronlium -905 !rlrf? (Iq/-t ) o,' .(eP'.tRtco mmrn d rd l{oximum-' Unertoblishtd Cgmmrnt 0.1 166 25 0.1 l0 1.2 103 0. 05 l0 0. 05 0.5 o.5 o.o I o.2 250.O t.o o. ot o.8 -t.7 o.3 o.o5 45.0 o.oot 3to.o 450.o 500.o 5.O o.o 5 t.o o.ol o.o5 o.2 1.4-2.4 700 200 20 500 r25 t5 o.05 o. ot o. 05 3.O pcl I tO.O 'pc / l Genrrolly nol hormf To rlc, Frol hing Poironing Poiron ing To sle Poi so ning Hordnasg Indicolor of polcnlio Toxic Moteriol To rtr Tolle { Loxorivc p Poisoning Totta Poiooning Motlling of Toath Economicr, Heolth Sloining, Toste Poi soning Loxoliva Stoining , Toste Malhemoglobinomio in . infonlr (Btus bobias). Tosle I Poison ing Ganors lly nol f,ormtu i Poisoning- - Oiscolo rotof Mambronas Uibrt Conditions Lorolive { Tostc prop. LoxotivE, Torlo Tosta Poisoninq Poironing 57 ?2 229 rt5 M e rcury Alkalinity (Ho ) pH t75 8. r 136 7.8 DRINKING WATER QUALITY STANDARDS (Continued ) A L) (Quoliiolive Spectrogrophic Anolysis ) il I CHEMICAL; ; !g.l,!I!-c,! = = LIMtTS (m9lt) o.r (ppm) Rrcor,,.'ffibrished' commenr Somorium Sco ndi um Selaniums O.Ol poisoning Si licon l0 15 Gencrolty not hormf ul Silvar - O.O5 Skin pigmentolion Sodium 5 lOs ll5 Heorl conditions Slrontium . 05 lO pc/ | poisoning Tnnlo I um Terbium Thollium OOOZ poisoning Thorium Unknown Rodionclive Thullum Tin Generolly not hormful Titcrnium . 0l Generolly nol hnrmf ulTungsien Usuolly not presenl Uronium 4 .OOl poisoning Vonodium Hos heneficiol effecls Yiterbium Ytlrium Unknoyrn Rodio octiveZink 5.O Toste, poisoning Zirconium Generolly not hormful l. Estoblished hy U.S.Public Heolth Service ond odopled by Colorodo Deportmenl of Heollh. 2. Esloblished by Colorodo Deporlment of Heollh 3. Reported in Colifornio Slote Woter Resources Conlrol BoordtWoler Quclity Criterid" 1963. 4- Minimum delecloble omounl moy nol be lorv enough to delecl recommended, moximum or unesloblished limit. 5. Nrt Anolyzed. 1 Recommended limils should noi U" exceeded whenever more suitohle woter supplies ore ovoiloble ol reosonoblacost. Uniis expressed in milligroms per lifer (mg,/l ) Morlmum limils, if exc.eeded, ore grounds for rejeclion of the rroler supply. Units expressed in mg./l ond pico-Curies per liler lpc/ll. Unestoblished limits ore recommended by 3ome msmbers of the scientific communify bul nol odopted by ihe conlrollinq governmentol ogencies. .. - li, - at ra I IN THE DISTRICT COURT IN AND FOR WATER DIVISION I{O. 5 STATE OF COLORADO CASE NO, \I-2I27 d-Aft, il.t THE MATTER 0F THE APPLTCATION ) rtnOtUC-S 0F FACT, CONCLUSIONS FOR WATER RIGHTS OF' RIVERBEND ) OT' LAW AND DECREE APPROVING DEVELOPMENT CORPORATION TN ) CHANGE OF WATER RIGHTS GARFIELD COUNTY ) THIS MATTEH, havlng come on for hearlng upon the applica- bend Development Corporation for approval of a change of water rlghts whlch was flled on December 3r lgT3, and the Court havlng consldered the pleadlngs, the f1les hereln, and the evidence presented, FINDS: 1. That thls matter was re-referred to the Water Judge on February 27, 197\; that timely and adequate notlce of this pro- ceedlng tras been glven 1n the manner requlred by 1aw; and that the Water Judge slttlng 1n this Court has jurlsdlctlon over the subJect matter of thls proceeding and over all parties affected hereby, whether they have appeared or not. The Colorado River Wa.ter Con- servatlon Dlstrlct has timely entered an appearance in thls proceeding; the Clty and County of Denver, acting by and through 1ts Board of Water Ccmmlssloners, has tlmeIy fl1ed a sbatement of or the f1llne of ad.dltlona]- statementsopposltlon; and the tlme for the fl11ng of addltlonal- statements of opposltlon has explred. : : 2, Appllcant owns approxlmately 1,5 square miles 1n Town- : ships 5 and 6 South, Bange 90 West of the 6tfr P.M., of which 1t lntends to develop approximately 6OO acres for resj-dentlal and recreatlonal purposes. The development w111 eventually contain approximately u--- .-., 650 dwelIlng unlts and approxlmately 120 acres of lrrigated meadovr Appllcanb has flfed thls applicatlon for change of water rlghts ln order to provlde a water supply for thls development on a year- round basis, 3. a. Applleant owns the following water rlghts: Vu1can Ditch, Basin Rank No. 1473 1n October 10,l9T3 Revlsed Priorlty List for Water Dlvislon 5,Priollty No. l-75, Ditch No. 106 in Distrlct No. 39,for 6.0 cfs., approprlatlon date April ], 1902,adjudlcated by Decree of the District Corrrt in andfor Garfield County, entered September 14, I90B Vulcan Ditch Fi-rst Enlargement, Basin Rank No. 3TZ9ln October 10, 1973 Revised Prlority Llst for WaterDlvl-sion 5, Prlority No. 242, being Dltch No. 1061n Distrlct No. 39, for 4.0 cfs., appropriatlon dateOctober B, l9\2, adjudicated by Decree of the DistrictCourt ln and for Garfleld County, entered SepLember 5,t952. The decreed point of diversion 1s fr.om Canyon Creekat a point on the llest bank thereof whence the corner common to Sections 4; 2\, 25 and 26, Townshlp 5South, Range 90 West bears South 89"06' trIest lfiZ.Tfeet, variation 15" East. The actual point of diver-slon 1s and apparently always has been at a polnt onthe tr'/est bank of Canyon Creek 1n the NI,ll,/4 SWl,/,iSectlon 25, Townshlp 5 South, Range 90 West of the6trr p. }'t. The following we11s, ?s conditionally clecreed by theWater Court 1n and for Water Division No. 5 by theRefereers Ruling of lvlarch 21, 1974, in Case Number\t-2125, for 0.67 cfs. each, approprj-atlon clate June1, 1973, located as follows; b. Rlverbend \ale11 west Corner of 90 West of thefeet. Riverbend Well wesL Corner of 90 tr'/est of the 26ac feet. Rlverbend Well west Corner of 90 llesi- of the 26l-0 feeb. Rlverbend Weil west Corner of 90 hlesi of the 2590 feeb. I'io. 2: Section 6ttr P.t4. No. 3:Sectlon 5trr p . vt. No. 4: Sectlon 6trr P . M. No. 1: At a polnt lvhence the South-Sectlon 35, Township 5 South, Range6tfr P,t4. bears Soubh 02o39' West 2680 At a polnt vrhence the South- 35, Township 5 South, Range , bears South 10o30f West At a point vihence the South- 35, Township ! South, Range , bears South 1Bo00t WesL At a polnt whence the South- 35, Tornshlp 5 South, Range , bears South 26000t West Riverbend tr,trel} No. 5: At a point whence the South- west Corner of Sectlon 35, Townshlp 5 South, Range 90 !tresL of the 6tfr P.i4. bears South 34o30 '. West 2675 feeL. 4. The source of supply for the domestic waber service for appllcantrs deveiopment will be water dlverted from the Colo- rado Rlver alluvj-um. Thj-s vrater i^r111 be directly applied to municlpal-type pui'poses to supply the detrelopnent through a cenbral water supply system. The means of diverslon of such water wil-t be through Ri,,,erbend Wells 1, 2, 3, tl and 5. In order to provide wal,er servtce through 1ts central system durlng tlmes of the year when lts . _)- we11,s W111 be out of prlority, appl-lcant proposes to use said weLls as alternabe polnts of dlversl-on for part of lts Vulcan Dltch rlghts, whlle contlnulng to divert through Vulcan Dltch for lrrlga- .. tlon purposes, to the extent permltted. As long as the total amount of water dlverted through wells and clitch does not exceed the amount of water decreed to VuLcan Dltch, and as long as the comblned. depletlon to the rlver system from the Rlverbend wells an6 Vulcan Dltch 1s not greater than the hlstoric depletlon from Vulcan Dltch, tro vested rlghts w111 be lnjured 'by appllcantrs change of polnt of dlverslon of part or atl of the Vulcan Dltch rlght s . 5. The total consumptlve use of the Vulcan Dj-tch rlghts has been approxlmately 440 acre feet per year in dry years. Slnce the preclse allocatlon of lvater a.mong the several uses to whlch appllcanb proposes to put its rlghts in connection wlth 1ts project ls not flxed, the amount of the annual depletlons to the Colorado Rlver and Canyon Cree}< caused by water use in appl1can't I s clevelop- ment cannot presently be ascertalned. i'Iowever, the 440 acre feet consumed hlstorlcally ls avallable for consumptlon in appllcant I s <levelopment wlthout injurlously affecting other water rights. The amount of consumptlve use assoclated wlth each aspect of applicant's development has been calculated a.s follows, For resldences, all of whlch wlll be eonnected to a central water and sewer system, household consumptlve use, not lncludlng yard lrrlgatlon, w111 be 3% of the water supplled thereto. Although there may be certaln other forms of consumers on the central water system than single-' famlIy domestle ciwelling units, such as multl-famIly or light commerclal, the totalconsunrptive use can adequately be expressed as a functlon of "reslclentlal equivalent units.tr Ba.ch resldential equlvalent unit w111 requlre the diverslon for ln-house purposes of 0.3920 acre-feet per year, based upon a per capita demand of 100 gallons per day, and an occupancy of 3,5 persons per dwel}ing unit ' At 3% consumptlve use, thlS results in an annual coi-rsumptlve use of 0.0118 acre-feet per resl.dential equlvalenb unlt. Applicantrs -3- \ "# sewa.ge treatment program contemplates reuse of the effluent produced by lts sewage treatment plant for lrrlgatlon of approxlmately 120 acres of pasture and hay meadorv hlstorically i-rrigated by water dlverted through Vulcan Dltch. This program will requlre consbruc- tlon of a pond 1n which to store effluent duri-ng the wlnter perlod when no land ls belng lrrlgated. Thls pond w111.be emptled each susceedlng Summer by means of the sald land treatment program, so that storage space w1]1 be avallable for the stora5ie of effluent durlng the followlng winter. Thls wil-I result'in there being no carryover storage from one year to another. The exact slze of the effluent pond has not been determined, but it ls expected to have a surface ai.ea of between four and twenty acres. The evaporatlon of water from the surface of this pond is calculated to be 1.0 acre feet per acre of waier surface per year calculated at the deslgn hlgh water level-. Appllcant rvill supplement the lrrigation of the pasture as requlreci for a full- supply thereon by the dlrect dlverslon of water through the Vul-can Ditch or the Riverbend wells. For the hlstorlc hay meadow, regardless of whether 1t 1s lrrlgated by thls eff1ueni or by water d.iverted through i/ulcan Dj-tch or the Rlver"bend we1Is, consumptlve use is calculated to be 2.O acre feet per acre per year. The consumptive use of lrrlgation water for lawn and landscape purposes ls also calcul-ated to be 2.O acre feeL per acre per year. < orrprrn -l pressed 6. The total yearly consumptlve use resultlng from the purposes envisaged by appllcant may be convenlently ex- bJ, the following formula: [0.0118 acre-feet x A] + [1.0 acre feet/a'cre x B] + [2.0 acre feet/acre x C] + D = 440 acre feet where A ls the total number of residential equivalent lrnlts; B ls the surface area 1n acres calculated at the deslgn hlgh wa.ter leve1 of the sel,/age effluent storage pond; C is the total number of acres of lawn, landscape or other irrigation sr-rpplieci by the central water system and the number of acres of hlstoric l'iay mea.dow contlnued in irrigation, each year; and D 1s the total yearly amount ln acre feet, of' any other consumptive uses. The use of thls formula limj-ts the amount oi vrater which may be consumptlvely used to an amount vrhich wil'I'prevent lnjur:y t,o other -ll- B3 wate?,users, wh1le permitLing appllcanb flexibility in determlning the alLocatlon of lbs water resources. So long as applj-cantts uses conform to this fornrula and neL depl-etions of the Colorado River systern do not exceed 4ltO acre feet per year, bhen no in- jury will occur to the righLs of other' .waLer users. T. Appll,cantrs proposed change of wate.r right involves movlng the polnt of diversion of the Vulcan Ditch priorities from a trlbubary to the mainstem river. Such a chang.e could have Lhe effect of enhanclng the physi-cal supply of water avaiLable to appli- eant, to the detrimenb of' r:ights on the mainsLem river and the river system as a whol.e, In addition, water left in Canyon Creek, to the extent of water taken through the wel-Is: m&V be subject to by junior water rights prior to reaching the Coloradolnterceptlon: River mainsLem, where it is requireC in order to avold injury bo users tirereon. If .applicant is requj-red to instal.l a measuring devj-ce in Canyon Creek or on the Vulcan Ditch heacigate to insure bhat 1ts supply of waber would not exceed the amount thab woulcl have been avaj-lab1e to 1t at the historlc point of diversion, and means to lnsure Lhe clelivery of water to the Colorado River in such amount as ls belng di.verbed from the alternate point of diversion, proper admlnlstration can be facllita.ted. CONCI,USIONS OF LAW The Court flnds as a matter of l-aw: 1. The change of waLer rights proposed by applicant 1s one conbemplated by }aw, .rrq 1f administered in accordance with this decree, there will be no adverse effects on any vested water rights on the CoLoi:ado River system. r,rinlsrer,l",:l:.il':,T::"::.::'": :":::',::"::::1red to ad- DECREE 1T IS, THEREI.'ORE, ORDBRED, ADJUDGED AND DEiCREijD: I. The change of waber rights contemp.Lated by app.Licant herein is hereby approvecl subject to t.he fq-l-lowing concii-tions: t", -5- a. ThaL the total amount of water dlverted through al} of applicantts polnbs of diversion at any time not exceed the amount decreed to the Vulcan Ditch. b. Applicant shall operate its development by means of a eentral water and sewer sysLernr supplerrtenl;ed by Vulcan Ditch diverslons as described 1n paragraph 5 of the Findings of Facb hereof. c. That applicantrs depletion of the Colorado Rj-ver and Canyon Creek, pursuant to [he exercise of the rights described herein, not exceed 4ltO acre feet per year, and that applicant's consumptlve upe of water for all purposes be ciebermined by the following forrnula: [0. 01].8 acre-feeb' x Al + [1.0 acre f eet/acre x B] + [2.0 acre feet/acre x C] + D = 440 acre feet where A is the total number of resj-clential equivalent units; B is the surface area in acres ca"lculated at the design high water l-evel- of Lhe selvage effluent sborage porrd; C is the toial number of acres of iawn, ).andsca[)e ot: other irrigation supptied by the cenLral water system anci the number of' acres of historic hay meadow continued ln J-r'rlgati-on, each year; and D is the total yearly amount, in acre feet, of any other consumpbive uses. At bhe request of the Division Engineer, the Denver V/aler Boa;'cl or the Colorado River Water Conservation Distri-eL, appllcant shall supply evldence establishing the values of the vari-ables used in the said equation. d. Applicant shal-l not divert more water at any tlme at its new alternate points of diversion and at its hlstorlc polnts of diversj-on combined than would have been available t,o lt at, the historic point oe diversion. Ap- ptlcanb shall instal-I measuri.ng devj-ces, continuous re- corders and diLch turnor.rts 1n the headgate of Lhe Vul.can Ditch or in Canyon Creek iust upsbream therefrom, sufficient ln the opinion of the Division Etrginee-r: to permib the ad- minisbraLion with respecL to historic avai.lability, and suff'icienb to guarantee the delivery of water bo the rnainstem of the Colorado River in the amount of the water belng pymped ab the alternate pol.nts of diversion' -6- P"-lr*,; APPROVED: .-/ Colorado vat ion ., .r'J"...,,"*W!r. &ijiffi[u&!".* er Water State , - !*o{*is xlj.eil*.qOirrrdifiroi*- ) 2. It is herreby specifically ordered, adjudged and decreed that appl i cant may cont,inue to use the present point of diversion of Vulcan Ditch, the locatlon of which is at ir J,il i , r ,,;iir r; ,;,, bank of Canyon Creek in the NW1,/4 SW1,/4 Sectlon 25, Township ! South, Range 9O West of the 6tn P.M. 3. Further, it is hereby ordered, adjudged and decreed that applicant may al-so use alternate poi-nts of diversion for part or all of the Vulcan Dltch rlghts at Riverbend lJell-s 1, 2, 3r 4 and 5, located as descri-bed 1n Finding 3(b). 4. Further, i.t is hereby ordered, adjudged. and decreed that applicantrs water rights above-descrlbed may hereafter be used for year-round municipal use (including comnterclal, indus- trial, domesti-c, irrigation lncident thereto, and sewage treatment including land disposal), irrigation, recreation, fish and. wild- l-ife propagation, and all- other beneficial- purposes, includlng .,, storage for each of the above purposes. : Dated t;hls 4{ auy of , 197\ Dlvision No. of Colora.do {i-r-,,., River Water Conser-Distri ct ney for .City and County ofDenver, acting by and throughits Board of Water Commis-sloners' ,ri -T- \,. I p*uo Servie. Cd^pany aP Colorndlo '\ [ ".". Box 84s, Grand .function, co 8lsol Octo\er 3, 1973 Mr. Riehard J. Thomas Thomas Associates 8030 E. GirardStrite 509 Denver, CO 80231 Dear Mr. Thomas: Thank you for your inquiry concerriing the availabilityof our services for the proposed $iverbend Subdivision,GarfieLd Countyr Colorado. The G4= and Electric serviceyou requested can be provided in {ccordance with ourfj-led tariff and extension policids. Shou1d you have further questions,] feel welcome to direct them to my attention. c7f i{1Iv, 14,"4/ / /1,*; Dona1d L. Currie Custonier Service Representatj-ve242-L\22, Ext. 67 DLCIdm WILLIAM ATHA 20ld Blake Avenue Glenwood SPrings, CO 4 IQRNF-Y A'1'L P c) BOX 90/ RIFL-E C() 'RAL'O 30,1 6?5 '837 Sept 81 601 Mr. LarrY R. Schmueser Garfield CountY D'irector of P1anni ng and Zorr inq Project presented their plans an co 617-uniti near New Castle' Ttre Boa i[ut this project will cause.defini ina tn" Bolrd- wilI require sites a it,. U.* Castle area. At this time aetermi'ne whether money or dedicate ,iff best suit the needs of the sYs h;;; b".t made to make a surveY of. iriri ippreciate vour presenting thj sioneri- and keeping in mind the rec Re: Dear Mr. Schmueser: The rePresentatives of t tion of RE-2- Will aPPreciate You and your helP- Very lfin. WRt'1,/cd f;ta I Rtl<rbenC S-,\21.,.s,..'. ,3;e ASON 5, 1973 verbend CommunitY roj ect Riverbend CommunitY DeveloPment t.*piition of a subdivision and a-"i-gaucation is of the oPinion e impact on the school systen-1;;a iuitable for schools in he Board "ur,rrot-aefinitelY 1' t// ,.j. iu"A within the subdivision em. Tentative arrangements he proposed subdivisigt'--5-- -to the Board of CountY Cornnj.s- iiements of the Board of Educa- acknowledgment of this letter truly yours, 1ti.g ,'! t, i ; t tha Mason ',) :iil.1rlE.ialri DeveloPment RECElviDJUtl 261s73 {'7 Carl D. Iieinhardt 3003 l,{aIlard Drive Coloraclo Snrings, Co. 80910 Jw:,e- 2&, Lfl3 l4r. Iarry Schmueser Plannlng Director C'arfteld CountY Glerrwood Snrlngs, Co. Dear Mr. Sehmuesert pLea.e flnd enclosed a cony of the oronosed Sketch 11ss{s3 Pl-an for the Riverbend-proSect located" in Gtenwbod Sp:ring!r !o!919rro' The drawing ,.rip grvJ io""to* indicatlon of the a1lo"rab1e bnrll-dlne areas for eaeh l-ot and i"nalcates a building of aonroximatel-y 2r50o lquare feet. By the use of setbacks and covenantsl r^re-plan to control the develonment of eaeh 1ot. This ,..rirL insure that we ".riil- acirlove a c'lustening of unlts and maxiun:m usea,:le or€n sDace. Trails and pathways wLll be allo,led to meander throush the orivate onen S-Dace. These- amenities ''ri11 be p""*J"a for by i'** ttome O,merrs Assoeiation r;hich r'ril1 have exelusive iistt to build and n'nlntain the trails through the urivat'e ope'n sxaceo Since the maxlmrm Lot coverage will be 351, of the total Iot area, there r.ril-1 be an addjtional 55{, of o*, tpr"e throughout the proJect' ltre folLowing renresents a breakdo'm of the onen space orovlded for ln the oroJeet: 2L5 acres of Privato ooen sPace 2LO aeres of reereatl'onal orren space LS,lacresofooensnaeevrithtrailsandlathmys Total 913 aeres of onen sl'ee throughout the oroject this figure renresenlg'7?% of the gro6s area-of. the oroJect'- "'Ie feel that ifris fiiure rril1 adequately provicle a lrral fee]ing for our develonment' The overall denslty of the .roJect is 1 unlt ner 1.9 acre of l-and' ',tre feeL 11rs1 lrris-rigure is sufficienily 1o..r enoug,h to preserve a rural setting whil-e ornviriing an e.rce,l-lent Llving environment. If any nroblems or questions nrise "uhich I ro,y be able to ars rer, please Jo roi heslterte to Jontact me at (303) 596-8900' or contact blck rhomas at (f,o3) 755'8&8' Sincerely Yours,4zw Carl D. Reinhardt WILLIAM ATHA MASON ATTORNEY AT LA.W P. O. BOX 907 RIFLE, COLORADO AI650 303 625-ra87 September 5, 1973 Mr. LarrY R. Schmueser Garfield CountY Director of Planning and Zontng 2014 Blake Avenue Glenwood SPrings, CO Re: Riverbend Community Development Project Dear Mr. Schmueser: The representatives of the Riverbend communitY.Development pro3ect presenteb their plans in contemplation of a subdivision and 617 units near New Castf". --ffre Board o? gduc.tion is of the opinion that this proj.tt *itt cause definite impact.on- the-school system and the Boara'wiir require sites and lanh suitable for schools in the New Cast1e area. At this time the Board cannot definitely determine v;hether money or dedicated land within the subdivision ;r1i-t;;a suit the needs of the sYstem. Tentative arranqements have been made to make a survey o-f the proposed subdivision ' Will appreciate your pt."."Li"'g this . to- thl Board of County -Commis-sioners ana feepil;- iir minJ th; requirements of the Board of Educa- tion of RE-2. WilI "ppt..iute youi acknowledgment of this letter and your he1P. Very trulY Yours, I,Iin: Atha Ma WAI'Ir/cd 81601 /t{i{{t/',/''-4 Ias 'l'*t- tw--'- on Thomas June 20, L973 Thomas Associates Consultants in Land Use Management IvIr. Larry Schmueser Planning Director, Garfield County Glenwood Springs, Colorado Dear Larry: Enclosed you will find the description of our "Restricted Private Area" concept for Riverbend, as well as a description of uses and restrictions on property so classified. I have had the planners illustrate how the principal would work in various areas of the development. As you can See, it creates an open space, or greenbelt system, that will be integrated with the common area open space system, and will cluster the residents so that you don't get the impression of a scattering of large residential tracts. As we mentioned on Mond.ay, this approach has worked extremely well at Rox- borough Park and we know it will work at Riverbend. Not only does it enlarge the amount of usable open space for the corununity, it permits economically feasible development, since it permits the sale of large lots at prices which will reasonably carry the development costs of such services as roads, water, sewer, fire protection and utilities. Another enclosure is a map outlining have the lease. As Ham pointed. out, mental education progran and should determining density. the BLM property on which we will it will be included in our environ- certainly count as open space in Also enclosed is a simplified report on water and sewer, submitted to the Conunissioners too, r guess. Hope all this helps to you, we would be and Zoning Board to CordialIy, RICTIARD J. THOMAS Enc. RJT/1tt with your review of the Sketch Plan. glad to attend any informal meeting answer any questions they may have. which should be As Ham indicated of the Planning / uru, - 7/-. fli i'ut'l'<"1r' /;/'"*1/ 'f ,l',- rl tJurrl J*-'^-, fr"Jn*'-f €(, ,'(-*r- VE,a-< - iLLt,-Lu l/. "+tU' i,lo ,tr urr[U* ,n -* i*u thh,/o, rt/q, uv-!y''tlt I 'ptJ,. *-*1,) iQ'1*t1,( tr-f1 t \e{,.u.'.,. 'ulr",4 lt Ct "*r*-*'-'*^'' ;/r--L. Denver, Colorado 80231 . (303) 755-8668 >;48030 E. Girard . Suite 509 .i lluniciPal Water Doml sti c I rrlgation of S ub'To ta I Hay and Pasture (l 20 acres) TOTAL WRIGHT.MCLAUGHLIN ENGINEERg ENOINEERINO CONAULTANTA 2..O ALCOYf ITRECT DENVER, COLONADO 'O'It(ao!) 't!'5',ot June 20, 1973 Sys tems Lawns I rrigation 4'(.-{rr1.. I I I Lr { !.!) ,, ( \, , Gortlfla lxolxtrt'xo "'vlcf'tx ttar aitclAL"Y Fllt" ot IA"tl au"LV AXD Dlt?tt'uttot' war:t axo 'fraot rtta?rlNt aSwaot col-|.tcllox AXD ilu': txouarllal. wa"tt atolL DtAlxacl tl.ooo coLtiol A..o oaHtt wAl3l'o'ltxttD tloJfcl Peak Wlnter 0.5 cfs 0..0 df s 6.5 cfs 0.0 cfs 0.5 cfs TONALD C. I'CLAUEHLIN xG}at{ErH R. wRloHr HALFORD E. ENTCX'ON DOUGLA. T. IOYERN XENNETH A8H. I'AXACTN aattx o'7lclt.o. aox talo atrEx. colo' tt'll Mr. Richard Thomas Thomas 6 Associates 8o3o East Gi rard #509 O"nr"t, Colorado 80?31 Dear Mr. Thomas: Asrequested,wehaveinvestigatedthewaterandseweraspectsofapotentlal restdential devetopment rying^*uli "r-oi"nwoo.d ;P;i;;t' on the.left bank of the Colorado River" The tract;;-land includes;;;;;imatelv-l'5 square mlles' The property i s'io"atuJ imr"di"-t.ry-adjacent t" ;['"'ioi"i"ar'River and extends south towards t;-;;;; Hogback. 'irr"'"ing for t;; property at.the Present ttme incl udes F4 dwel I ing unit; ";;-; *oi*ing ranch of about I20 acres' 6t'l trlater Requl rgments The actual water requl rements of ii;; ;;;;;rat ion of a Prer i mi narY n"i.l".', for the PurPoses of this p roJ ected : the proposed development.wl ll be deflned durlng olan and after pitnnlng has proceeded further'olil,;;';'i[L ?"r lowiis water needs have been Peak Summe r 0.5 cfs 0.5 cfs l.l cfs 4.0 cfs 5. I cfs -ffi m'T-'rv ing Un i ts ffi;developrrrent.isadj.acenttotheColoradoRiver!.oneofthemost i mportant "r".urri.i', in cororriol-"iaior dra inage areas trl butary to the cororado River ";;;; itre aevetop*ni-iiclude trtJ-noaiins Fork' the Eagle' and the Bl ue, "ni-iiu-Fr".",. Rir;;. ii" total dralnege area trlbutary to l,tr. Rlchard Thomas Thomas E Associates the cororado River at the proposed development is nearly 5'000 Page 2 June 20, 1973 sguare mi I es. Rainfall in the area averages lB inches per thl s amount occurr ing in the wlnter nonths ' ;;;;t;;;^splration oi srass and asricultural i rrigation ls necessarY' vear. with almost one half of 'il1; ii-*r"h less than the annual crops and, for that reason' although heavY demands by munlciPal i ties, when searching for a dependable.water supply,.q?th the physical and legal avai labt I i ty of ;;.-*;.:r must ul'gJ"al-'in''ddi tlon' the qual I tv of the water must also be good enough !o meet recommended siandards for domestic consumption. The quality: qu"niitv,-""a annual.distribution of water pro- duced from within the basin, in ;;:'";;;"it or tiu-itg"l procedures required for the right to use the water, *rra-be clearly-underltood' ln llght of thesefacts,followingisadi,"u,,lonofthewaterresourcealternatives and water rights'lu"ii"uie to the Riverbend Development' 1 t t it i I riI d tiI tl ii Irr Surface Waters The Colorado River at this point i s a perenni'al stream' irI pJ"."J on its waters, both upstream and downstream' ;;;"; production companies, and i rrigators' Another s ignificant stream ln the lmmediate vicini ty of-the. property i s canyon creek which is also tributary to th; cotorado. c"nyon creek l.s a perennial stream with a drainage of 54 rqu"iu-riies and its waters are diverted for i rrigation and domestic uses' Ground Water TheRiverbendProPertylocatedwestofGlenwoodSpringslssituatedonthe south side of tne'cotorado River. The property is underlain by various geo- logic bedrock uniar. The,rGrand'Hoglu"[" on the south part of the property ls promlnent structural feature. l; the past, r"rious coal layers in thls hogback have been mlned' The large irrigated field and,the smaller field east of the Dakota hogback' have unconsolidated alluvial formations Present'--A field triP was conducted on June 9th in which variou' oU'"i"iions and testing were made ln addition to a brief interview with Darrei-Ri"fturason, al" preient owner' Presently' the Vulcan Ditch is used for l..iS"aio":. i* domestlc water supply for the trvo residences on the proPerty 1s-derived from the Vulcan Dltch durlng the sunner and an oiJ ,uu1'east oi tiu";;k;;; r,otuact< tn the winter' Both of these water supply resourcu, r"li="""gld6o n;ii"; storage tank on the Dakota iog[""f whlch then dlstributes the water' Recently, Darrell Richardson had a domestic well drilled near his new house' However, col a *in"r"i water wtri cn fraa a rrsut f ur tastert was encountered' and the well was abandoned. Fiela "rt"r quality tests (includlng some surface waters) consistlng of conductivity rni iron concentrations were made and are shown on the follorving table' .' Hr. Richard Thomas Thomas & Associates Page 3 June 20, 1973 D ISSOLVED SOLI DS, I RON ;Ai;R-iouRCEs NEAR RIvERBEND Sanrpr ins '"?o';il:j" ?tsI"i#i' ffi t"'o,3li"' TABLE OF TOTAL AND TEHPERATURE FOR \ z2o 145 0'5 5Bo t. 1rl l! Vul can D i tch ' LLv -, o Colorado River 300 195 not tested 64 ol d l|,el I I ,ooo 650 2'o 54o Hot Spring 6'000 3'900 not tested 84o As can be noted the TDS on the date tested was below the recommended llmlts of500ppm;however,duringro*-iio*periodsonin"ColoradoRiver,thereare recorded instances of concentrati;;;;;""ier than 500 ppm' which would have a raxative gffect and bad taste.'-i[u-iron cont""t'i" Llnvon creek was srightly ln excess of the-.""o*n.nded lirrtr""na would ttt'fi in tiaining and bad taste' However, iron removal is gene."'i'ir-ri*pre-ana in"*p"nti'"' -The TDS in the cotorado River;ii;;ium wJuld ..;i""i"'[r.'" vearlf-'iut"e"-value and can be ex- pected to be ton'iJerably Iess than the recommended I imits' ltisreportedthattheoldwellhasadepthofapproximatelythirty-flve feet which wourd Indicate that ia"*", compr"ted i'n"airuviar sand and graver' ln addition, it ls reported that"!".-"ii-:::,iiii ir'" 8'o0o gallon tank in ten hours which would indicate a minimum pumping rate of I3 gallons per minute (spr). BaseduponthegeologyasreportedintheUSGsBulletinll42.J,thefield observations ani-if,u-L*isting *"ii, ana spr!ng', Potential ly s ignificant quantities or s..rni *"t., *6rt.i';";;;ii"Ufu-ii liu field s351 frern the Dakota hosback n""r tnu cororado ;;r;;. The r";s;";.5is1t"l-tl:'d west of the hogback and resiaence, t"nt't'i"iy-*o'td not's'pplV ]arge'amount of water because shal e bedrock i s p reseni" i;-tie col o'uao [i;;t' channel I eavi ng the sand and gravel 'thlgh and-dryr' *i tf't regard to pJtential recharge f rom the cororado River. l.n addition, .i.-"u"iaon"d domlri'i" *"rr and ihe mrnerar ized hot sprins inai"ai" ir,at ir *atel;;;;-;;;ilaule, the qualltv would be quest I onabl e. ln order to verlfy the amount of ground*":u|. avai labil ity rnost economical ly, and groundwater qiality In !h?.riZi^iay of the old well' a groundwater lnvestl- sation program "#;iriing or th;i;iio*ins pn,,J'-*ould be iequired: (l) geo- physicar ,u.u"rli"iii-."i. t'ot.l;;;;i;;;; *itt'-inioi'"r punP tests; (tt com- ;;:iion of two Producing water wells Theflnalenglneertng!gdetermlnetheteqly'h?lesltes'wellconstruct!ot: and totar numuei-of ier r s ."ori"r'"i,'rulril-flE u"]"i upon ttr" var toug phases conpleted. ga]ed-upon the "l.l;;;i ."na 'na gi"'"r-'present''!h" recharge ava,ab,tty f;;; iie color"ao-niiur-und *tu "xTsii"; ;i; 'ull ' lt ls antlcl' oated that weli. f,"rlng productions of 50 gr*.i'-*'tl ""n be developed The number of wers-wourd vary d"p:;;';;g-on-ir,i'vr.ia and system operatlon' Long term PumPIng tests' i'e' on" "I"i";; ;;t *nit'' would be requlred on a com- pr ete wer r r " ;;;;l to-determr ""''ti" giouna *"'."i-tuar r ty. provrded that a i f. II I I il fr ConductivitY ..t l.i I 970 Tab. No. 1453 358 r Mr. Rlchard Thomas Thomas E Associ ates fairly direct recharge connection can it is anticipated that on a longterm s i ml I ar to the yearl y average qual i ty Water RIqhts The use of water in colorado is administered under the Approprlation Doctrine which in essence meansrrfirst in time of water use, first in right of water useduringtimesofwatershortages.llrighttousewaterisestablishedby divertlng it and applying it to 6eneficial uses such as irrlgatlon' municipal' llvestock, domestic, power, etc. The date when the water diversion work was initiated is known as the aPProPriation date' Besides diversion and appl ication to beneficial use, a valid wat".'tigr,t must be issued by a court' and the date of issue is known as the adjudicatiJn date. Both the apPropriation and adjudi- catlon dates are important for determining the priority of water use that a water right has in relation to other competing rights' The Riverbend property and water rights a5e w]thin the colorado River Basin (lrrigation Divis'lon 5, W.tu. Oitt.ilt-lg). Riverbend has acquired an interest in the Vulcan Ditch which diverts from canyon creek in the SlJt of Section 25' Township 5 South, Range 90 west. and crosses the colorado River by means of a siphon to Riverbend ProPerty. rrt" r970 state Engineer of colorado tabul ation lnformation assoclated with'this ditch is as follows: Page 4 June 21, 1973 be obtained with the Colorado River' U"tii, wel ls would have a water qual i ty of the Colorado River. Name 1970 Tabulation lnformation Vulcan Ditch Amount Vulcan Ditch 5.0 cfs 9/14/t9o9 Vulcan Ditch En'largement 4'0 cf s 9/ 5/1952 Adj ud i cat i on Da te Appropriation Date 4/ 1/1907 to/ 8/1942 Riverbend has acquired all of the senior rights for 6'0 cfs and the 4'0 cfs junlor right. Th; analyses of tiil-r"port ire based on the ownership of only the senior right, but the junior rigfrt'would additionally strengthen the Riverbend wlter ri'gh'ts posi tion" The Colorado River is an over-appropriated stream, which means that in times of water shortage, certain right's in the basin are required to curtail their diversions in order that sufficient t'rater is available to satisfy the rights of sen ior di verters. ln an interview, the Division Engineer-Iol ah:.Colorado River gave the oplnion that Canyon Creek is internally iontrolled. That is, in the administration of ir,. nppropriation Doctrine, ""t',:.i:i -i:'i":i::.::";;'d:t;:?::"i3li,ll,il;r,, Hr. Richard Thomas Thomas E Associates Wate r Yea r Page 5 June 21, 1973 Vul can Di tch H i stori c Usaqe Regords I st Day Last Day Number Avg' Da i ly rri gated Used Used of davs Amount (cfs) Acres t954 | 968 I 959 1970 1971 197? AVERAGE I l- I il- I 5-15 ,5- 6 5-13\-7 r0-31 l0-3r t0-29 l0-30 I 0-28 to-23 364 r98 r80 t55 169 200 210 3.0 2.4 3.7 2"1 3.2 6"4 3.5 300 300 300 200 300 300 300 0ur estimates, based on the Blaney criddle lllethod, indlcate that the hlstorlc consumptive use of the senior Vulcan Ditch right is approximately 350 acre- feet per year. This is sufficiently large to.supply tle municipal needs of Riverbend pl us provide water for th! coniinued i'r.rigation of apProximately 120 acres of haY or Pasture area" The additional four cfs associatedwith the Vulcan Ditch enhance the water resources of the deved'oPment to the extent that an additional 100 acres of hay or pasture grassi could be maintained' ln sunmary, it is our opinlon that the vulcan Ditch rights associated with the R,Jverbend property can be successful ly transferred to municipal use" The new diversion point for this fiunicipal *"tu1. would be either from wells 'i'n the Colorado Rlver riiurlrrn, *"lls in the Canyon Creek alluvium, or its present diversion points, whichever Proves to be optimal ' tlater Resources Al tel1JlgliJeg Various potential alternatives were investigated in regard -to municipal water resources.ThisincludedsurfaceandundergroundwatersoftheColoradoand Canyon Creek as iWel I as potential municipal-suppl ies from New Castle" These are discussed as follows: A. Colorado Rlver Surf?cs-t!elgl. A surface supply from the Colorado River can be developed by the acquisiii;-f appropriate water rights In the area such as the Vulcan Ditch that are P[esently used ior irrigation' ln order to deter- mlne the potential suitabillty oi rr"h " supply from a water quality standpolnt, available USGS water quality measurements on'tire Colorado were reviewed' ln 1971, two water qual ity stations were maintained by the-usGS aPPlg1imately 8 mlles upstream "i-nirulUend and 50 miles downstream at Cameo' Although these two statlons do not exactly pinpoint the water quality at-Riverbend' they are reasonable indlcators of what could be expected. The l97l records for these two stations as well as a tabulation of recommended u.S" Public Health servlce water quality standards are attached at the end of this report for comParative PurPoses. l l I tl{, I{r. Rlchard Thomas Thomas 6 Assoclates Page 7 Junc 18, 1973 A review of this data indicates that the colorado would be an acceptable source from the standpoint of sulfate, chloride, nitratet and fluorlde concentrations; however, the total diisolved sollds concentrations during the low flow periods may be as high as 700 milligrams per liter in the viclni ty of Riverbend. This is approximately ?90 mi I I igrams per I iter above the recommended limits. Preliminary field tests conducted by our office on Colorado River water on June g,1973, tend to suPPort the proba- billty of high dissolved solids. Treatment processes deslgned to reduce dissolved solids concentratlons are general ly quite expensivi. This potential problem tends to discourage the iosslbllity of uslng surface diversions from the Colorado River for a munici- b"l supply untll nroie detal led studles have been completed. B. Canvon Creek Surface Water. Since vlcinity of Riverbend, is also a perennlal as a potential water resource. Canyon Creek, which ls in the stream, i t bears considerat ion Water quality records for Canyon Creek are not Presently avallable. Hot^rever, prellminary iests by our offlce on June !, 1973, indicate that the dissolved solids in danyon Creek are approximatelV 75 percent of the levels in the Colorado River. lf this were the case throughout the year' Canyon Creek could be an acceptable water resource from the viewpoint of dissolved solids. ln addltion, the June 9 field tests on Canyon Creek showed that its soluble iron concentration was 0.5 milligrams per liter, slightly higher than the U. S. Public Health Servicets recornmended limit of 0.3 milligrams per liter. At this polnt in the investigations, slightly excessive iron in a surface water diversion cannot be considered a detriment, since its removal is simple and surface water requi res tre.atment in any case. Using the existlng dlversion faci I i ties, including- the Colorado Rlver crosilng, water corld elther be diverted in only the summer months and stored iot rt. in winter, or be diverted year-round after apProPriate steP- are taken for winterization of the diversion faci I ities. The water would be treated in a water treatment plant and pumped into the distribution system. C. Colorado River Groundwater. As previously indicated, there is ground- waterPotralluvium.Althou9hwaterquaIitymaybe questlonable, i t is I ikely that hunicipal wel ls with acceptable water qual i ty are available near the Riverbend slte. Water would be diverted via wells and pumped into the distrlbution system. The transfer of water rights is fairly reliable since the use of the Vulcan Ditch rights has been historically made on the left bank of the Colorado River. The water would probably requlre llttle or no treatment except for chlorlnation and provides probably the least expensive municipal water if adequate wells with good water quallty can be obtained. (DO Hr. Richard Thomas Thomas 6 Assoclates Page 8 June 18, 1973 D. New Castle l,lyn!-ciPal water suppl'res. The water rights of New castle havenotbeenexamlnedlnconnecffifi.lsstudy.lntheeventthat groundwater is noi "r"ilable from the Colorado Rivei, this source' though some distance from Riverbend, ,"y o. " legitimale supply, competitive in cost wlth the constructlon of treatrnent facil ities for treatrnent of Canyon Creek water. Generally, these matters are,Ipre political than engineer.ing-ln.nature' Pro- vided that New Castle has tne resoli"ui, both legal-and physical, to supply. the Riverbend develop*nt. Like the other alteriatives, it would probably be necessary to pump this source in to the distribution system' |later Distrlbutlon iYstem The water distribution would be a pumped-gravlty type with clear-water storage requl rements *"tiig-if," "riterla of ihe lountain States lnspection Bureau'' All appurtenances w6uld be designed to finish irrigation, domestlc' ahd fire demands, all according to the aipropriate criteria and good design practice' Sewe raqc Under full development of the Riverbend site, the ultimate population would be approximate ly 2,2J0 people. i6u 6vataul ic loading for planning purPoses is OIZZi'f,fiO or 82'l{G/Year. The sewag" "orld be carried west to New Castle' sltuated west of Riverbend. 1f agreements were worked out for water service' simi lar agreements would fol low' For this property and the proposed development, we would recommend that the nrost suitable means of sewage triatment would be to provide for secondary treEtn*nt on or.J;"""nt to,f,u iiiu, to provide for winter storage of treated "fiir"nt, and th;;'to provide for advanced waste treatment of the sewage effluent to meet 1985 anticipated standards for apply!ng the effluent to irrigated Iand whereby the "Living filter" of.the soil zone would provide a high level of final treatment. Ai the same time, the sewage effluent would p.iride rpst of the needed nutrients and supply irrigation water to the crop' The I20-acre ranch would have the'""p"Uility oi tatlng the 100 acre-feet of sewage effl uent. It is recornrnended that the secondary treatment consist of an extended aeratlon biological process, fol lowed by cl.tifiers and chlorination' This process is a proven one, and fs economical for gross reduction of biochemlcal oxygen demand' APPEIIDIX WATER QUAL I TY RECORDS ON THE COLORADO RIVER U. S. PUBL I C HEATTH SERV I CE DRINKING WATER QUALITY STANDARDS I t l ,i '.; e?ffi4@iFF:r..j-, --::::= -'- -. + - - !' - _ COLOR.\DO RIVEIT MAIIi STUN OgOTIIOO COLOR^OO RIVER N!]AR GLENHOOD SPRINGS' COLO' (Irrigacron nctuorx stdtlon) LOJA?;r)li.--l.at l9.ltrI2'. ton'J lo?'ll'14" Grrticld cr/unty' lt shoshonc PowcrplanL' 6 milas uPstrean fron ,.ir:.uoo<l :jPrr;,qt "io'e'i"illtu "1'ottn'io (r"m Rodrir"1 l'orL nlv'!r' L)R.tl:s;,ci ARL\.--'t,560 89 nl , oP!'roxin!trrIy' P[:RIal) oF RECoR[r.--Cht'mical analysesl octobor I9{l to scptetn-ber I97l' li.1tL.r tenpcrltures: iay 19'19 io SePtcnber l9?l' uxrRl.i.rl.s, 1970-?1.--speclflc conductancer Haximum dalry, ?9J mlcromhos Jan. 7, minims daiIt" 205 mrcroiuor . ll.t):5,:7,28.tfJt(.r. tcnperarurcs I llaxlnm, 2O'C AUg. 2t, 28' mlninM, f reo:ing point on aevcral days durIng Dectr'bcr iO .. l'aI'ruar)'. ' IAIEt QUALTTY OATA' TAIER YEAR OCTO0ER l97o IO s€PrE'{BEt l97I ols- ors-, Dts- SOLyEO scLYEOSoLYED XA6- P0- cll- NE- ris- EtclR- CHLG- fLUo- ots- rExp- srlrc^ iiux siux sootur iiux 0o!ll! suLF^TE tloE RIoE cH^rcE 'R^TURE rsto:i i;;; iiii r;i;" iit !H991! rso{r rcLr tFt rcfsr toE6 cD ll.G/L; riiTir riorir rxiiir ricirl lnc/Ll tAGtLt "|GlLl tiitL' * 1660 6.0 ll 52 t.?o 3- 5 to 17 tolo .o 12 60 l2?O .o ll a9 llro -5 9.8 " 1600 5.O 9.8 ,7 !79O 6.0 ll t5 ,rso 6., ll 28 86to t?.0 9.9 26 )rao 16.5 e' ? '0 l88o ts.' 9.8 '9 l?co ll.o l0 ,7 l., 126 80 z.l l2l 6C 2.5 ll8 97 2.8 125 66 z.t l2o l, 1.0 ll5 l0o )., I l, ,6 r. r 100 ,, l.r 99 le 2.O I 19 8' ?.? l2r 7t 2.O la8 ll0 599 o02 607 600 ,e?6lc59' ,9t t9, 59+ 56t 60, 614 6t6 7r3 595 58? 580 60t 601566 601 ,92 6f2 58t ,11 ,8C ,91 t9r 6e7 592 617 59, 6o{ 587506 ,76 58' 5ro ? t:t 55960? 571 .567 6]t ?t9 65t 767 66979r 6{8 6186ll 559 ,5t 56t57t .t .1 .5 ., .3 .z .I .t .] AUG s€t 520 60J ,ro 000 t30 6oc 5r0 610 tto teo 5{O 591 ,40 ,8' ,r o 650 t.0 5r0 510 5!0 535 , r0 5{0 ,ec 5r 0 59C 5t0 0t0 5{ 0 5cc 550 0c0 ,60 6JJ 560 59C 5r0 580 545 580 5{0 5t5 5{5 36' 'fO t75 ,{5 580 5r5 t8o 52t 583 ,r0 5e0 5 t5 ,60 510 t90 ,2' t90 t5o ll 'l .1016 l, 63 ll 62 lo 52 ll tt2 6.4 2l 6.8 It 6.0 la 'i 9.1 ,o l0 t5 l, 5l 60 )o 9' 85 t00 67 2l t6 l2 ,? 57 6t spEctF:c coNoucIANCE (fitcRoltHos aT 25'C)' HATER YEAR OCTOE€R 1970 TO SEPTEnSER 19?l JAN fEB HAR APt IiAY JUrl 0AY I zIt, o 7 3 9 t0 ll l2 I] tl l5 l5 l? Itl9 ?0 2l :l ?t 21 ,62l i8 29 to 3t 0cr 5?0 6l? 60! 605t6t 605 5rO 6ot 571 694 556 612 ::: 606 50r 577 5515rt 519 571 610 6076to 6lo 507 60, 60{ 60, 60t 60! 60e 586 5?0 56r 569 568 ,66 56] 510 6!8 634 5?0 59t 59f 58' ::: J UL 22, 240 e60 280 290 29' 300 t?0 340 3t0 :: 395rlo at5 aI0 a20 790 590 a75 a5, aa5 a50 1)5 a60 .60 a9t NOY t9t596 612 560 0Ec t90 6e0 609 6 t6 175 7a2 6ll rr3 225 eii teo ,5, 22, 5ae 51, !31 22o 588 5ll 288 zlt 551 5lt 21, 580 528 267 ?15 649 526 269 225 619 d. 5lO Z7l 220 5i5 50, 21o 2t5 569 ara 27 t 225 5?9 106 219 e'0 ,77 l?9 zla 2'0 itz lt6 eel 21o ia i 3ro e66 zro 58r .r2z 25, 2',5 5eo 3l! 251 220 591 lor 25t z?5 586 309 2]6 210 626 ,05 2s7 al' ,ar .313 26.- 22, 600 3{! zl, et5 607 347 25e 22O 51' !51 250 ?t5 654 ,16 25 I ?lo {99 r r57 26L 2O5 5 30 )59 266 e l, 169 ,46 252 205 13' ,17 230 20' {5C ,sl 22a 2e0 17t tsl ?l I 22' a6{ 22t 590 57r ,8t 686 t $ (.C) OF HAIERI HATER YEAR OCTOBER I9?O TO SEPTEHEEl ]'971 lD_a coLOMirO Rrve R fl^lil sTEll 090?llOO COLCtl^Do RMR NUAR (jLENWooD SPRIIIGS' cOi,3'--Can:rnr(d ExaRir.'JS, I9?O-? l. --Cont i nuc(l' lcrrod of rdcorlt.--spL::iii,i'..nau.a.rn"., Maxrnun d.rtty, 2,260 micror'iot Au,' 10 t 1947t 1;n1a';r urtl-r'' -.1:: i.::l:lll::.:':,',;iirlili; Hixrmun. 22.c Jur). rr. re5.r, Aus. re, re5:', mi'I'Irmr:-, rrr''':in'i rrcrr't (;r i- r Jrt's *i\lr rlrg {}ntor mollths' R[]L\tit\s,--Dj.6L-lr.rrgcs L.bt^in.J L.).subtrJctin,J.rllo (lnrl1'tn,'.rn Ilow tn Ro'rIrn'r l'(rrl tho drrIl' nr'.tn rrov-in"Jol"i'J(lo HrvL'r bolow clcn;oo'l sllrrnJs' HArER ou^rtrY oArA' rlrER "t^* ot'o"* l97O rO 5EPIE',{86R l97I ,3lii' t8ii" ols- Dls- uot+- soorurt 52tcr- NTTRITE onrxo. ors- soLtos s6iieo soLvEo c^R- ^o- Ftc PLU5 P,o,-. s6iieo riui oi srjiioi ioiros H|lg- EoNAIE soRP. co,iD. xtrR^rE pHoRUs Bo*on coNsrt- rio"i- iiois !!s!-. x^RD' tloN ucrr\ct eA tNt lPt --i;t iuerrst ;;;- 'pin '9lrl0l NEss R^Il0 lxlcrrr- o^IE txc/Ll txcrrll tu6/Lt txc/Ll rclirr oivt lxcltl iioTrr xxosl tutrllsr oc r. 21... .?o .ooo !o :J21 '46 l'lo 17{ ?l t'4 156 7'' H0v.2i... .lo -ooo ?s' ''8 tl2o l'8 t9 l'6 5t2 t't' D€C. 15... .{o .olo 30 4lo '50 ll2o 2OO 8? l'e 6?{ 8' 0 JAN.25... .50 .olo to 3',0 't8 l2oo l7O 67 2'l 6 16 7'r F€8. .50 llro loo 8a 2.0 6tl 7'e'ii:.. .lo .o3o 20 )7o xAR. 2r... .lo .ooo 40 3{7 'r? ISOO l9O 9', l'' 611 7'6 APR.t9... .{o -ooo 5o 19? '2t 2020 llo 2l '9 }2} t' ! l.AY?0... .O9 'O2O 40 16l '22 2560 98 16 'l ?" ''e 'ii:.. .li -o2o io I5l ' 21 35lo eo I '6 lts r' t JULY?6... .o5 -olo 60 ?so '18 2160 160 65 l'o '6I ?'o AUG. a1... .05 .olo 316 'tl 1600 t6o 62 t'5 761 ?'6 SEP.27... .oa .olo l?t '51 l?80 2OO 9l l'6 62t 1'l a) DAY I 2, +t oII 9 l0 tl tatlItll l6l, l8l9 2) al z22' ?{ 25 l62l ?8 20 l0 3l . TETTPERATURE Nov oEc a.5 1. 5{.t 1.,1.5 1.01.' 1.0!.5 0.5 5.O 1.5,t.t O.t5.5 l. 05.5* 1.0a.o l. 0 :t.o o.5l.O O.5a.t 1.02.O 0.5 t.5 0. o 2.O o.0l.t 0.o!. 5 0.51.0 1.01.5 l.o 0., 0.5i.o o.,3.O o.04.o 0.51.5 0.5 4., O.O4.5 0.52.5 0.,t.5 1.0t.o 0.0 0.0 JA}t FEO XAR I{A Y JUN rl.o 8., ll.0 9.5 ll.5t2.otl.5 t2.Oll', I1.0tt.0 t2.5 12.0 r2.5 t].0t2.5 12.0ll.0 I r.0 t{.5l{.,l. .5 t ..5 l r.0 1..0 15.0t5.0 15.0 '1:1 JUL ^J; 15.0 ld.o l{.0 lti. i l..C lo.J l5.O 16'0 I5.O lE.o t5.0 16.0 15.0 Ie. o tt.5 lr.3 lt.' ld.t l5.o 18.5 le.0 te.0l9.c ls.c 17. J I a.0 I ). -' ts.o le..l 17.0 Ie.J tr.o le..: ta.o 2;.c t7.5 lJ.o tr., ld.' lt.o 18.5 l5.c l8.t rr.o 15.t tr.5 lr.J tr.t .'l.J lr.1 lq.o tr.t li.) r0.0 ld.t o.o 1.0o.o l.o APR 5.O' 1.0 0.5 0.o o.0t.o o.o 0.5 0.5 1.5 0.5 l.o l.ot.oI.0 0.5 1.5 rl., l2.o 6.0 ll., la.o 6.O 5.5 6.0 7.O 0.0 6.5 7.0 6.0 o-o 0.0 9.0 s.6 /:I 0.5 0.5 6.0 9.0 o.t 1.00.5 1.00.5 0.50.5 1.5.1.5 9. t 9.O 9.0 9.0 s.o ll.o 8., ll.o 9.0 ll.5 9.0 10. 5 9.0 11.0 9.0 9.0 0.5 0.5 0.5 0.5 -I.o t.0 1.5 2.0 1.0 ).5 1.5 t.0 ,.52., 1.5 9.0 8. O 8.0 7.0 8.5 0.5 t.0 0.5 o.5 o.5 0.5 0.5t.0o'o .0.5 0.5 0.5 o.5 o.5 o.5t.0 2.' 1.0 0.5 o,5 o.5 0.50., l=i .r.5 5.0 5.0 5.5 6.5 6.0 7.0 6.5 5.5 6.5 6.0 l.o 1.0I.5 1.5. 2.0 1.0 7.0 lt.o ?.0 lI.0 8.5 10.0 9.0 9.5 e. o I0.5 8.5 tl.5 8.0 12.09.0 1 2.5 9.O I l.o 9.' 10.0 10. 0 i &i- B Cr)l'(lRAno Ilf VEn }1 lll S'il:I ? 09095500 (:tll'()Itr\l)o RIvl:R Nl:,\l' c&!):o', ( oLo'--t'on' ttrrrIrl i:xrRltlr:s, l9?0-?1.--Corrl.llti'il ""ru,,rronco3 -Hrxtmum .lallyr I,H60 micr('nho6 Jrrlro l6' l!r',li rrlrrlrir'rr' 'r ri ii' Pr'rroJ of r'!'cord'--51)(" iii*.I.,,or,o". j:iI liri;i;i,i;]}"ii"il,:';,... ^uq. I6, Ie62, nininum' rrc'(-rintr Poi^t or) n'Jtrv " r)" I 'r rr i :' liat( f L( ii'L'fJtuf cs ! hor, ths. raIER QUALttY o IA' XaIER YEAR ocI0tlER l97O IO stPrfrstA leTl ITIIRITE PtUS NI,R^TE lNl O^TE ( XG/L I oiI.2r... l.{ No V.r0... l.l 0EC.16"' '9O J AN. 2e... -?o fEB.?6... . lo HAR. 2)... .00 APR. 2O... .60 HTYI?... .r7 JUNE17... 't0 JULY!0... .12 AUG. 25... .55 SEP. 29... .80 O^Y OCI I lr.o 2 tl'o I ll'o { ll.o 5 tt'o 6 ll.0 I lo.06 7.0 9 E.0 lo 0.o lt 8.5 12 8.t l! 9.0 l{ 9.0 l, 8.0 16 6'0 17 8'0 t8 8.0 19 8.0 20 8.0 il 6'0 22 8.0 21 8.o Zt 7.0 25 6.5 ?6 5.O 2l 5.O 28 r.0 :9 i.0 !O l.O lt 7.0 #iil: ,Bni,,,iliil: PHORIJS OORON CONSII-.TPT IBI IUENIsI 0rG/Ll tuG/tl (xcltl 0t s- 015- 3DLVIo s0Lvt0ilr r os s{)L I os H^!?- l I0fiS I IOllS |lt5)'PtR PfR tcl'rc! ^c-Fll o^Yl lAGlLt hoH- 5o0lui lPfr l- (^2- ^i.- flc ::il' '?ii; ,:i'il;' e- ?il)., t^Ir0 'il,:l;'- rui,r5, . o0o .lo .000 .030 .020 .000 .000 .01o .020 .010 .ol0 .o lo )82 ,58 6t0 6lO 610 589 291 ztl I79 258 ?40 270 250 2(O 250 150 trl tot I )l t2l tl, 120 ,e 2A IE 79 too 120 ,0 60 29 70 a0 7o 30 90 ,0 5o 5r5 585 . ,2 6590 I 30 .2. ?590 t00 \25 .58 4760 200 2.0 250 2-6 9?! t'^ z.g Foo ''A t.i llcJ ''c 1.o ld6o ''6 1.{ lloJ 6'0 ).0 ldlo ''6 1.. 10r f 'l l.l rf,l 1.5 .6 Jll 7'6 2.2 rlo ?'I l.l 9eO ,.6 !.0 lOlO 7'd ),971 JUL AJ3 I1.O I0'0 l5.o ?c' J r5'o 20'J I t.o lu' 0 l5.O lc'o r5.O te'- lt.o le'J l,.o :o' r) lt'o tcr'J 16.0 le'o 16'0 tc' c 16.0 ?:' J t6.O ?c'c l?.0 13'o l''O eJ'J lr.o ?o.o ls.o :')'0 td.o .rc.o l8'o 1o' o 16.0 lc'o 16.o 2C'0 ls.o 10") tg'o lJ' o l9'o le'o t9'o le'o tg.o le'J l9.O lc'J l9.o lc'c le.o l''0 l9'o lo'o I9.,) .81 l?ooo .75 40t0 .88 ,910 .86 1420 .8! ,100 .so 1610 . ,to 5l {0 .15 38'r0 .80 ]980 IEHPERATURE tov oEC 4.0 4'o 4.0 3'o{.o 3.0{.o 2.0t.5 2'0 {.5 2'06.5 r'.:. e.o6.0 -ii 2'o ,.6 j. 2.05.5 '. 2.0 5.5 :,i z.or.5 ; i a.05.t.a{ 1.5t.5 ' l'ot.t ,..- 1.0 3.5 l'or., l-03.5 1.0r.5 l.o:t.5 1.0 (.0 0.5..0 0.5a.o o.5 {.O O'0r.o 0-0 4.o 0-0 1.5 0.o ! .5 0.0,r.O 0.O t.o 0.o 0.0 (oc I oF HATEflT HATER YEAR OcTo6ER r9?o TO sEPTLHblR JAN fEB I(AR APR ,iAY JUX 3:i -:: 3:3 i:i :-- ii:::': 0.5 8.0 :::': :-: ;'.; ;:o r3'o3:i ::: ;'.; ;:o r2'o o.i 9'9 8'o ll'o;'i o'o i:: ----- I i:3;:; :-: :': l:3 ::: i,.o0.5 0.5 9': ;:; r?.0o.5 0.5 l'o ili l,i i.1 i,l .,: li:l;:; o.r ?'1 ,3:i ==-- i,.o0.5 1.0 1') o. j l.o ,'5- r?': :--- ll:3o.o t.o :': i.; rr.oo.o r.o :': i:; r].0o.o 1.0 l'' rl.oo.o l.o t'0 o.o r.o 1'9 ::: ;.; ll:3o.o'.. r.5 :': :-- ;:o r{.o o.o 1.5 ?': --- ri.o tt.oo.o l.' 6't o.o r.e :.: -- li:8 ll:33:3 l:! i:i -- i3:3 ll:33:3 :: i:i -__- iB.B 'l:3o.o b' t .,tP I \.0 l1.olJ.o l1.ol\.0 11.0 11.0 l1.O t1.O l1.o a. -,;--- a l r .,'L l* i'rv . Survice C- r'h,.:r ir. io:il;c:'n i:ltr:.;: (LL:i Ci:ioi'iCe (Cl) i;. ';,;:iur,, (C ri{ i-ii,ppe r (Cu) i..,cr, i cc (cN) /r\t' r ..iO l- I C.l \l' / /_ \i i3i'l 1r C J ! .,l-U-.- \, -, i'l;r.c::nesc (lln)- '..^ tlli i ro te (,.:u. / F:-.:no I s S-. ] :n i u.-.r (:e) Sllver (;,S) il.: rl i un - 2:6 S.::cntir-l - 90 R r: c ct,llri ;''..1.r..1 l: L i r:: i-t li''" / D 0.i 0.01 0.2 . 250 .0 i.0 0.cl 0.8-1.7 0.3 0 .05 45 .0 0.001 ri....: -., !Fri 1../. i,' \_!rl Pcrrti:'si;rloi;'r Li ,:t f"f,/l'r l':-''''ti-i'i-tl. 0.c,'ta c.01 Ti -, tc . 'f rc.".lr i :r j . l'o i',.,n i lt3 ?:ti ',',ni ni P; i r,oi il'.'j i., ' .i. : il r I i .i.:. ;. 1 c.05 c.?- I .lr-2 .4 0 .05 c.0l 0.05 -r,. C./l l-.-.-- 3.0 I0.c lncici.t)r c? ;':'rtntl'rl toxic ai..r'.;t'i-l' Ta5tc enC l.-::',::.i'.'c Pl'-r- cf:\/. Poiscning Poiloning )4cttl ;;',3 o,' tc:'-r'' Stainir:;. ',; i'r' Poi';c,,rlr-,5 Sti:inin;, t..','':' l.1cth'. "'o':: l;b l:'"' ' l- /^, l\:lllJ. \r" -' Taste PoiscninS Poiso:rir,3. l'i-;:loi-'': :: oi lll'::-.;'.'-,'lrl r ' La;<a"i\'.: .li-' i'-;:'l'-'' '- e;'I i rts. Lexetive ',-; t''tc' Poiscning Poisoni;1 e\ tiS;l;ste '.),u:, >; Tr;t..i iissuiveci . liu-\i Z i n; (:":,) 250i0 Sol ids 5c0.0 5.0 1.i,, .: t '.'f: I .imitS"llicil:hculdnotbeexceeccdr.lhencverr..ioreSuit::5iC,'..:ir':51.,:. ct'€ €"'c-!ii;blc et reasoneble cosi' Units exp;-cssed i;i mi iI i'';':r: F'ri r ! ---- t--- !\) Llote: I .0 mgll = 1.0 Parts Pcr rnill ion (p:ti) ' i l uUr '.,'5t .1 . .innits v.l.,ich, lf e,xceccod, e!.: grouncl s for rejection o:. the \,':1 .le f i..]..i ' u.rirs c,.:pi.essed in mgli and ri"i;:;'i;.oliuries fer litcr (---:ci l)' CI41 r fr4>.tY L i:).:: :'. i-, r\),' I .i'i Iune t4, I973 Mr. Prank nlcL er Dlstrlct Atbrncy 90S Grand Avenue Glenrood, CO 8t601 Dear Slr: In llne wtth our long sttnding poltcy of recordtng tn wrlttng all unethteal malor offers, threats, hrtbcs, etc. , made to or agatnst thts offtce, the fot- lowing rccount ts hereby submltted. On or about May 31, 197j, a prertmtnary slte tnspectton tour w6s made bymycclf and a lv{r. con Tolmon of th" olorroced subdtvtslon wost of south canyon I'n the arpa of the dtnosaur nlt. As yet, thls subdtvtston ls unnamed, but ls owned by Hamtlton F. Duncan. Durlng thts tnspectton tour, numF,rous com- ments were made to the effe'et that what I really ohqrld do ts qonne moonltghttnqfor the developers ln retum for a frer. butldtng stte in the develoornent. Whenftrct mpnttoned, I ;:rassed lt off as belng perhaps lust an tll ,rdvtsecl eomment. However, wtth the reoccurrence of the commqnt and the addl tton of oossibleways of "hidtng tt'' ln a sr(:ret [)enver corpor6fion, etc., I felt that tt dt{ con-sUtute an lmorooer advanco to F counW <-lffic,al and po"slbly even a i,relLmtnary attempt to somethtncJ arrpmach{ng brtb,'ry. After, I tnformed Mr. Totman that I felt the eonfltct of lnterest woulcl be toosever, ari<1 :n oiry event I would have to d rcloso that tnterest fuily b the Commisslonerg as I havc tn the past. The offr-r was drcpped. At thts notnt,I see llttle reASOn tO pu1.;11p the mattcr, lrolvoyer, I felt VOu shoulCr,{. av.rare Oftha fa,:t, slnop lt ln,.'OIt. i ,,, Dr:t"r*ntiei tf - A(:rer (SZSn r.\ If we CAr ire .,f rny " ()S"ll)i/ n",-tSt6ner. 1fi, , ,1a q (r CO:f !a r-. | -r Lamont L. Ktrrktrde [)tr.'ctor r:f Finvironmenta I FIea lth rt any tlme. ,k l. I r't) f t t _ F,ina1 plat:' subdivision name .Pz/z,z-7z:z-zD Filing" - ..-:: .t Location of subdivis'ion rowsutv-€43.;-NANc' a.) tiiffi Owner (s) NAME SUBDTVISION SUM!,IARY FORM G. County Type of Submisslon: Date ? - .e ./e7-3 l:tl:::-l:: !1emnt10nPrelimlnary plan ADDRESS /;:'77.t d2.<;Z_Subdivider(s) NAME )-,/-/ .1':- ADDRESSDesigner N ADDRESS lllrpe of Subdivision Ilumber Area (Acres ) toDwelling Unite Total Area (xl. :(xl kt() .( ) i () Single Family Apartments ->Condominiumg_F Mobile Home CommercialIndustrial .. : N .A. N.A. ,,4r..3 4l - 6<7, /o /.4,-' C5 :2. .)zd 2, Dedicated Reserved Dedicated ReservedPrivate Open Areae EasementsOther (Specify) Street Walkways School Sites School SitesPark Sites Park Sites 2t3. z+ Total Estimated Water Requiremen.ts . . -, Z '2 ea O Gallons,/dav.Proposed water soutce -zZi V .z-/zzar'-.zr? .z:7./-/^-.2:-, --<:Estimated Sewage Disposal nequiiEmenEProposed Means of Seiage oisposal. -- -D>)>Gal1ons,/day. ACTION.I . Plannlng Cornmission RecommendationApproval ( )DisapprovalRemarks () Date , I9_. Eoard of eounty ConunissionersApproval ( )Disaoproval ( )'Remarks Date 1 19;-. AN ABSTMCT OF ENV IRONMENTAL ANAL'iSIS AND POTENTIAL IMPACT OF THE PROPOSED DEVELOPMENT AT RIV ERBEND NEAR NEWCASTLE, COLOMDO Prepared for The Riverbend Development Corporation By: C. D. To'lman \YREFACE r Because of the scenic values of its setting, climate and location, the G'lenwood Springs - Newcastle areawill become a major cu'ltural and recreationa'l center. Therefore, a community complex designed to enhance those social, educatr'onal and economic opportunities already provided for the people, is needed. The development of Riverbend with its 0utdoor Education Center, riding stab'les and water-oriented recreational activities and demonstration catt'le ranch, will service this need. -2- ..THE.CONCEPT Riyerbend wil'l be developed as a rural cluster cornmunity. This concept places high value on the preservation and maintenance of a ,rural setting, The enhancement, rehabi'litation, restoration and interpretation of the natura'l environment is important to the rural cluster community development concept...most important is the maintenance of the cultural va1ues which tie the new community to the past, and, at the same time, provide a ranch - living-environ- ment.where the resident can enioy such recreational pursu'its as horseback riding, hiking and especially boating and other water- oriented sports. Opportunities for inte'l'lectua'l and socia'l enioyment will be provided by a we'l'l-designed 0utdoor Education Center and nature trail, interpreting the flora and fauna, the geoiog'ical and paleonto'logical features of the area and the processes by which the regions natura'l resources are conserved through management. It is proposed that the deve'lopment take into consideration the following elements in p'lanning the community: 1. The Co'lorado River and those sports which can be oriented toward it. 2, The cattle-ranching and dude-ranching experiences in connection with the land. 3. The equestrian center with horseback riding avai'lable to al I . 4. An 0utdoor Education Center with the unusual pa'leonto- logical features of the Grand Hogback as well as other geological, zoological and botanical features connected wi th 'it. 5. The socio-economic needs of the conmunity found along the Colorado River (the unique needs of the people who live in the area ). -3- PROCEDURE Envi ronmental Concerns: Prior to any development or proposed changes in land use, the following rLcommended procedure has been followed by The Riverbend Development Corporati on. 1. A valid inventory and adequate understanding of the various components of the eco-s3'stems has been compi I ed. 2. An unclerstandinq of the interactions among these components has been develoPed. 3. The environmenta'l and ecological characteristics of the land has guided the type, 'location and character of proposed development. The concept and plan is cornpatible with natural features. 4 . Any a nd a'l 1 changes wi 1 'l be moni tored to i nsure continuing environmental protection. Inventory: 1. Description of the present distribution patterns and relative uniqueness of the flora and fauna is being compiled. Spring and sunmer phases have been completed. 2. Description of physica'l features includ'ing topograPhY' soils, surface-subsurface geology, 1oca1 and regional climate, hydrology,'landscape characteristics, scenic resources and wilderness values are in the fina] stage of completion. 3. Description of man's presence and activities including historic sites, archeological materia'ls, grazing, agriculture, mining, recreation, transportation and utilities are being comPiled. NOTE: "3" w'i'll a'lso include "off-site" considerations. These are presently identified as the interrelated subiects of land use, population, economjc act'ivity, ut'ilities and community facilities, transportation, loca'l government and institutions, public.services, conmunity environment and the related socio- economtc consjderat'ions of housing, education and training and employment opportunities has been considered. -4- Impacts: A determination of impacts of the proposed development alternatives upon_environmental resources has been made. The inventory phase is completed and specifications for types and levels of proposbdalternative developments have been determined, the environmental consequences of these alternatives have been analyzed. Input From Regulatory Bodjes: Inventory and impact objectives are being coordinated with the appropriate loca'1, state and federal agencies as well as concerned and interested citizens. These objectives are to make an inventoryof environmental resources; a description of the present distributionpatterns and relat'ive uniqueness of the flora and the fauna; adescription of the physical features inc'luding topography, soi1s, surface and non-surface geology, slumping and landslide areas, local and regional climates, hydro'logy, landscape characteristics, scenic resources and wilderness values; and a description of man's presence and activities, includ'ing history, archeo'logy, grazing, mining, recreati on, transportati on and uti I 'i t.ies. E'lements: The study elements considered are: 1. Environmenta'l resources inventory. This is the recording and descriptions of the various components of the eco- systems in their present condition, such as: Vegetation, wildl ife, I imnology, f isheries, soi'ls and geo'logy, climatology, hydrology and off-site impact. Baiic resourcesdata is being described and mapped. 2. Determination of fmpact of proposed-deve'lopemnt alternatives upon envi ronmenta'l resources. 3. Coordination of the above objectives with the people. A Look at the Land: The'land comprises a sect'ion of the Grand Hogback, a cultivated meadow,the colorado River with its riparian thread along one bank. Five eco-niches of climatic zones are evident. Man's use of the area for needed transportation routes, primarily I-70 and the railroad pius manyyears of ranching....first as a sheep ranch, then as a winter feeding area for cattle, with its accompanying farming has changed the nativeflora and fauna. Time has not permitted a complete study; indicationsare, however, that the prob'lem will be one of restoration and the impactof a community as envisioned by The Riverbend Development Corporation will be beneficial rather than harmful. -5- The.degraded condition of the land is dramatical]y reflected by thekinds of bird life found on the site. The bird fiuna is dominitea !.y rtv catchers such as says phoebe, Arkansas Kingbiia,-tlre leiseFlycatcher, woods_Peewee, fuestern Kingbirds, hlest6rn Tinager,- - violet-green swa'llows, Tree swa'llows ind other birdi wrro iep6na onthe fly.hatch from the river as a source of food; the usual'numberof.nesting, seed-eating birds have been observed-auiing irr. iirav.Thirty or more chucker partridges are found on the sit6. SUMMARY The Riverbend Development areasensitive. Natural values wi'll devel opment. near Newcastle is not environmentally be enhanced through restoration and generally well suited to the deve'lopment of- are the proposed community. ll,9pg:, - in the area proposed as homesites are general'ly gentle, offeringfew structural engineering problems. The development his-been ionfined - to the gentle slopes. Yegetation - in most a'll the area is in the primary stage (weed stage) ofsuccess, because of denudation by the construction of t-zo, past us6 uyrailroads and continuous farming. v-isual-and,scenic values - are outstanding. The view from the site isdramatic; however, the view is impaired by the public service power I i nes and the te'lephone servi ce 'l i nes . The view into the site along the Colorado River and nest'led under the 9!un{.Hogback is_pastoral and beautiful, however, it was impairea uvthe disruption of the repairan eco-system when I-70 was buiit. Litileor no attempt has been made to restore it. On-site Wi]dlife Va'lues - are minor. The north side of the Hogback israflCmoor winier range for mure deer; [o*.u.., a few deer and anoccasional elk do drift into the area. There ii a small flock ofChucker partridge on the site. Tfout Fishery Va'lues - are an important recreational resource for thesite. There are several large fishing holes on the colorado Riveroffering excellent fishing opportunities. Hazards are Minor - the Hogback, though steep, is well stabilized. The@nintouico,,itrreposiioiiitvofflash-floodingfromthe Hogback and placed the building sites accoriingly. -6- futdoor Education Opportuni'iies - are exce'llent. The site has anoffinaing EmonT6liffiil-rE:i-g". This could be one of the outstanding outdoor education centers in the nation. 0pportunities to Preserve Present Socio'loqica'l Patterns - are excellent..ffiffiffithe humanvalues and life styles of the valley. A development which follows the rura'l cluster community concept. The pleasant aspects of ranch life are shared with the tota'l community. Recreational opportunities a'lready present can be enhanced by proper use of existing trails and the Colorado Ri ver. lglqol Enro'l'lment - will be greatly increased by the development offfiEendl--ffiaing to Stale Depirtment of Edlrcation figui^es, there are 1'438 children enrolled in the district and 3,083 individuals living in the area or about a thousand families. Each fam'i'ly has an average of 1.5 child in school per fami'ly; therefore, if younq fami'lies buy the majority of the houses, there will be a total of 1,024 school children added to the county rolls. This increase wi1l have a major impact on the school system over the next 10 years. RECOMMENDATIONS It was recommended that the planners of Riverbend consider careful'ly the environmental elements in every phase of the development and whereverpossible, p'lan programs of restoration and protection of natura'lconmunities....this has been done. It is further recommended: wherever economically feasible, that a'11 power and telephone lines be p'laced underground and that an underground improvementdistrict be established in coordination w'ith the water and sanitation district to accomplish this purpose, that as a matter of covenant, no person be abje to hold the State of Colorado liable for damage caused by wildlife, that a trout habitat improvement program be a part of the planned recreational program for Riverbend, that al1 species of wild'life be managed and encouraged by special habitat improvement programs, that an outdoor education program be estab'lished (see attachments). -7- I PROPOSAL FOR AN OUTDOOR EDUCATION CENTER . LOCATED I.IITHIN THE COI'IMUNITY OF RIVERBEND NEI.I CASTLE, COLORADO BACKGROUND Like other expanding recreation and scenic areas, the G'len- wood Springs-Nevr Castle area needs open space, vrild'life sanc- tuaries and land devoted to telling the dramatic storyof the paleontological, geological and living history of .the earth and water, as weil as the story of the deve'lopingciviliaztion a'long the Grand Hogback and the Colorado River.It needs land particularly for the intrinsic educationa'1,scientific and cultural values that such lands when properiy progranmed holds for its citizens. Therefore, the Riverbend 0utdoor Education Center with its major paleontolog'ica1 "dig" lccated ajacent to the Grand Hogback and the Colorado River, w'ithin a community Lreing planned as an "ecological model" will be a highly significant natural asset indeed. Moreover, it cou'ld prove to be, ir the long run, a priceless educational heritage to ai'l the residents of the region and perhaps the nation. This proposal suggests guidelines and procedures for the development of the paleonto'logical "dig"; the river and the open space comprising the Grand Hogback as an 0utdoor Education Center where the land wiil be programmed as "landfor learning., inspiration and enjoynent". Step V Less. than one-ha'lf of the tota'l Riverbend community vri11 be zoned for residential use. The ba'lance, including the Co]orado River wi I I be used for educational , cul tura -1 , and recreational programs. This decision has been made on the basis of the highest and best use of each portion , of the entire development. - Project P'ians Each project'prcAram and structure must be planned in detail and coordinated with the master plan for the ccrmuni ty si te. CONCEPT 0n-site programs for resident citizens of al't ages vri'l'l be designed to demonstrate that the functions of a successfr.t'l conimuni ty of man follovrs patterns similar to natural :onrnunities (eco-systems) agv'isory councils to the Center rrri'll provide tire citizen and iearning institutions an avenue, through the cultural and environmenta'l education programs by wfiich they can participate in the management of the Center. The basic purpose of the programs developed for the Center is to provide the com;runity.vrith natural land r^rhere children and adults can learn about the vror]d i n whi ch they I i ve , bo ch pas t atrd present. Devel opi ng huma n understanding and an ihterest'in total nature through the arts, sciences, and humanities is the main obiective of such programs. These programs may be grouped under four headings: 1. Educational: To increase know'ledge and understanding of our natural world and .man's p'lace as a part of it. To deve'lop sensitivity, avrareness, appreciation, and affection tolard nature, beauty, and natural resources. To develop desire based upon understanding and a wi'li to protect the living and non-living resources of the earth and to use them wisely.' To provide an curri cul a. To provide an from direct, first-hand 2. Scientific: outdoor setting for the enrichment of the tota'l schoo'l opportunity for people of various ages to benefit study and learning experiences in the outdoors. To have a natura'l area vrhere students may study physical features of the 'land and native flora and fauna, both present and past. To hold in perpetu'ity some representative samples landscape and biosystem, boih in the geologic past anrj the To help provide a natura'l outdoor laboratory for and satisfaction of scientific curiosity. of the na'.'i"'e livinE present. the stir,ru'lation The Outdoor Education Centcr will invitc thc citizens of thc arca to participate . in the following cducational progri.rns airned at developing the open sljace as ' rrland for learning, inspiration, and enjoymcntt'. Field Studics Paleontology Animal Behavior Marnmals Inventory Plant hventory Aquatic Biology Historical Studies Hydrology Studies Geology Proglams for the Handicapped Health Prog=ums Outdoor Recreation ,l-and Use Prog=tms . Trail Buil<ling Camping Sitcs Skills Horseman ship Boating and Camping 4H Programs Enrrironmcntal -Awa renes s Pro qrarns Purpose The Environrnental Advisory Council will provide an avenue whereby the region's citizens and staff from learning institutions can express their concern for the Pre- servation of a unique environrnent, They can then reflect their concern in the de- cision-makirg process. The Councilors frorn the citizens, schools and learning institutions will be rrlem- bers of the rnaster team which will develop and plan programs for the Center. Tasks of a Team To es'cablish guidelines for tle protection, enhancement and preservation of a uniouc natural treasure. (The Paleontology Dig) . To plan the use of the open space as land for inspiration, learning and enjoyrnent. THE NEED Modern social scientists have deterrnined the human factors that lead to a happy and contented life; pleasant livablity. . . quietude, natural surroundings. . . a rever- ence for beauty and all livine things...are among these factors. They are also the attribtrtes of.a cornmunity wl-;ch learns frorn nature. Cornrnunities, holvever, cannot have these things just by providing open space. The people must have a singleness of purpose anrl a rvill to protect and learn. Open space and natural land within and near hurnan habitation rnust be used according to a well-thought-out plan of action if naturalness is to rernain. The carelessness of man soon takes over when there is no plan--no program. Trash piles up in wooded glens. Rare wild beauty is trampled underfoot. Quietude and pleasant livability are lost and rnan no longer holds in reverence }iving things. A properly planned Outdoor Education Center teaches reverence for iratural and living things. The purpose of this outline is to guide the open-space planning efforts so that wild land and open space can be prograrrred as t'land for learning, inspiration, and en- joymenttr. THE PLANNING PROCEDURE One of the primary functions of the Outdoor Education Center is to p1an, develop, coordinate and adrninister ourdoor-oriented prograrns as a part of the open-space system and to help develop the on-site facilities needed to carry out the prograrrls' Such prograrns rnust extend into the cornn-runity at large so as to reflect the needs of the cornrnunity. Steps in plaming are outlined below: Steo II - Survev and Use Pian Cjtfr.r inforl-ratl"" ir.a ",.rggest possible use as background inforrnation for future planning. Stej I. - Determine the needs of tlrc grams at the center must be a Part institutions of the area. StgpJII; The Ma,ster Plan A cornprehensive plan of the entire oPen-space A master plan will outline procedures, policies opments for the Outdoor Education Center. cornnrunity and educational institutions. Pro- of tlie curriculirrn of the schools and learning and parks systern and Progralns. , prograrns, and on-site devel- Ste,p.IV- Sjte Plan E".t. -,"j"ri"r"p""cnt rnust be planned in detail. Tl-ris proposal suggests guidc- lines ancl procedures for the developn-rent of the open spaces witl-rin and adjacetrtto the cornmrrnity of Riverbencl as "l,and for learning, inspiration, and enjoynrent.'l Dra inage Study Riverbend Subdivision There are seven drainage areas r^rhich dra i nage has been cons i dered separate I y. i nspecti on and off i ce compufations. Drainage number 7 has five area. This has natural drainage pipe be used in this drainage. drain through this subdivision. Each The studies are based on both field For clarif ication the drainages have been numbered f rom l^/est to East. (See attached nrap. ) Drainages 1, 2, 3, 6, & 7 have very dense vegetation throughout the enfire drainage basins. Also the bottoms of the channels of these basins have considerable vegetation. Drainages 4 & 5 have sparse vege- tation. The soi I in these two drainages shorvs high degree of erosion. Both channels are cut very deep in comparison to the other channels. Drainages numbers 1,2,3,6, & 7 have rock bottom channels, whereas 4 & 5 have dirt bottom channe I s. Drainage number i has three smal I contributing gulches. Upon field inspec- tion it is suggested that a smal I dyke be used to force the drainage to the west. The major amount drains west at the present t[me. The dyke would insure that this would continue. A 50 inch diameter pipe is suggested for this drai nage. Drainage number 2 is a single gulch basin. As in drainage number 1, a dyke is suggested to insure drainage to the vrest. A 24 inch diameter pipe is s uggested for th i s d ra i nage . Drainage number 3 is a single gulch basin. This basin drains natural ly to the river. lt is suggested that a 50 inch diameter pipe be used for this dra i nage. Drainage number 4 is a single gulch basin. This is the smal lest drainage of the seven under consideration, yet the velocity of runoff is higher than the others. This has led to a very vride and deep channel. lt is suggested that rock riprap be used at the outlet ends of all pipe in this drainage -lo prevent scouring of ihe channel bottom. lt is also suggested that a 42 inch p i pe be used for th i s dra i nage. Drainage number 5 has two contributing gulches. The channel is the deepest of all channels considered. Again, velocities are high in this channel, causing heavy scouring of the channel bottom. This drains naturally to the river. lt is suggested that rock riprap be placed at the outlet o{.all pipes in this basin. It is suggested that a 60 inch pipe be used in this drainage. Drainage number 6 has three contributing gulches. This is the second largest drainage. lt is suggested that a 42 inch pipe be used in this drainage. contri buti ng gu I ches. I t dra i ns the I argest to the river. lt is suggested that a 60 inch Bloye -,. I .- t' '^ : - "'/ - -- ,,.. 1 //:- 'r' \) . / .-l-+s/ nt l:-:- -- -9f ii =- 1-t::i.at:*) ,' ,l :* irl/- -!t, rin .?:.-.i p-L --?:-i,1 -i; { c-- i- . / ? c {s-. -u' i ) t, / _,--.t..'j,3 : r-I ^:; r" l \ / , \"r -l RITE 0F FLoW CFS - -.i Cz { - cl ;Doc)n -o T -l m Z :;: s =c{m' <n -1".,,|.r 1' :, t- l'tl;, Il:, .,1,'. : ': (t'. rr i \_"' DETERI.IINAT ION OF STORI.'I HYDROGRAPH Excess PreciPitation in lnches Storm Hyd rog raph (cfs) il7) Unit Hydrograph lcfs ) i ', j .7 | n I ) tl t 'J -i ,_i-.L4r -l- ra_;- t -t- : i -, -''y't'-'.-,t \J v \t z- /- ,..__ _ .. ._ -.o/_ 14 u )-: -. t_. ,I --1 - tJ \'q ^((-,)". ;-' .: (; \- / t. - Jf- (it/")jr-)- aO'(*'r"'; x i /: a2 .t-/ ,/- ' ' ''' '." i:--- ) ti o ; -. ( o"7-7) ",-- tl :( -- " tr, - )-)'-: 1 =!L-'l =/ t' "l r 1-' cr o oo RATE OF FLOW CFS '6- ' r)o aroJJ i_)rt. q Cz { -(]vo(i)7 -U :f { ='m z. =C -lm U't s \>) i) tl /t/t/ I I 33'("' \i' -\ \\ (-r! r l tito .t DETERI.I INAT ION OF STORM HYDROGRAPH Excess Precipitation in lnches Storm Hyd rograph(cfs) Unit Hydrograph(cfs) -.)^-+,2 t .'i :, I J.' '1 u, i*.,i. -l . ..i( ,:, ,r., r,z .',.i.,r.: ./)1c | -' -- -. .t) I ( 5 rl :-:tl u7^ , t!.i _(I - t ' '' L- / - j' t /s.- ",1...., _- ,. ,.-, /.U f-:\- f- -i '-'' IC't I //, <,/ / :-,-5 /3,9 ,rzr4 ,€e/,:: -5-/7 c'G -1 - __t ta!(/() _/).-t 1)-) .- I IfIf.tl /, --4 t t t) ...-tJ..' ..1 I t-) > J :-, '' t{.,,- , ( - l,.--- UNIT HYDROGRAPH a ll-O o)Lr- '; tLo LrJ F. a o c?o qO eo ,.)o iAO lJ-<) T II.4E IN M INUTES n \t\/tI t utt' L-,- l ,O (,'.i.., \ L.ru I t5h",n \'r,, \\ \., C) 1L) 3o Llo o /E^ ( :'.,) -uGU t30 5r) oi) / t) Eo o ,, \\ \ DETERiIINATION OF STORM HYDROGRAPH Tin'e(.:in.) tl) Un it i.lydrograph (cfs) Excess Precioitation in lnches Storm Hyd rograph (cfs) ( 17) 3lo l,t a I ,.-/ (.,'t UhIIT HYDROGRAPH /: OL.-.- ,:,. ,').:3o i !:J.- /:_- ) 1,tr/3O,/ <ntL C) BoJL:-.,. ; Lr-o !JF (Y TII,1E IN MINUTES DETERI'l lNAT ION OF STORI',I HYDIiOGRAPII ,').', -, ii.'r)r'- \.,( ... */ .it) t(r, ',1 ; 7Y'-!l :'-,,:/ ;,t (' L--'/ 'j' ... (_- t ..) :t,.J. r-, ( - *r .J, . . -..._..-..\ J - _*,,.;, / | , tl (;l , ' r/ t, -,t.t,^, ) '. i 5 .( t- 7 ,- -' S_ J I t_ | /. /.' --1._ iD ._-l -- t- L'l1,z I rdla i-. ,ri r'r'i i. -l/r,',/r.-..J :--/t,b) A ; t-ta n i -----!.r{ / / Lt i. tl -/ i ltasl.i,'..__r")...'.5_._ Jt^.-='-:;-4.....-- ->u' .? .-- UNIT HYDROGRAPH ')') TII,IE IN MINUTES ' l;1c) IL 0b:- ,( it 1- ti.0 .()!?')r.:/(l , I at! CJ =J U- .,tt, t,-o ttJ F d DETERI.I INAT I ON OF STORM HYDROGRAPH t' i I i I I U\ ,rAjoi .orL,oirzoias 4CrtEs) Li.if Ic llur'-,' . , .,i,1c: a,-io .- ' a (i,31) U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICEII:rr.ing ,lnj*.--ig^;;'T,A:l+3d ffi' )i3 )tcsilty clay loa 3-5:{ slopeg clAss F:,,".'JiIi3 "8J{%I?.{3?ASS F, .--jill8"8;9iffi.{3?i.,it-, ;;; .1p1lmoroLl tntttc. Id,1.:, ::i )ntmofolL tntttC , ndG. 5) CLASSI FICAT ! ON comscFiACY.>, tla. t PEiCEXTAGE LESs THAN 3 INCHES PASSING SIEVE NO, __- LL PERHEA_ EILITY(ih./h.i AVAILA'LE WATEi C FACITY(ln:i^i sorLicrcTn(rri) I LINITY (EC x l0r 6r]s'c) itlrxK-l|ELL 'OTEI-tIAL 20TEXTIAL FRO5T ACTtOlr USDA TFYTI IE E 200 3Bl ITH TO BEDROCK OR HARDPAN t'TH TO SEASONAL HIGH !|ATERTABL E F LOOO HAZARO: HYOROLOCIC GROUP oor-il.:'il Unsuiti-,b, ...tALLOW EXCAVATIONS t'r .c-, 'l r- - n I..M -r .S LL INGS | :io ,rEgE,ryoti Ai,EAs , rEt-ltolrEs. rd LEEES *a CiOttiO lra PAt"Urt SUITABILITY OF AS SOURCE OF SELECIED ^AATERIAL AND FEATURES AFFECTING USE DFGREE OF SOIL LIMITATION i'lcJer:i.t-hi;h; high shrilk-sr,.ei 1., shri ak-srreIl A,{AJOR SOIL FEATURES AFFECTTNG SELECTED USE SEETTC TAr{K ABSI)FP1,ON FrEr L,cjr-',/er.e-s Li ,.b,1ity ,, nercoLatioh riate r r) unco.rcd tLcer -f"fU|ilnOfL. b) cscrGE i-c*l t$ 'IL€ C@I DTG REt Of SOIL LIMITATIONS AND lv{AJOR FEATURES Arr cll,f AiEAS PICXIC AREAS PLAYGi(I.,X03 PATHS AXO TRAILS lli ri ,'SI$'J:lSI^ffil'Y"#'3E SCS - SOILS 2C-l (Rrv') a-? I .rr E c(rtl. ID|LS-|l SOIL SURVAT INIER?RETAIIONS CAPABILIW, SOIT TOSS FACTORS' AND POTENIIAL YIELDS- FECTING RTCREATION U5E5 \ SU IIA BI LITYi@ SPECIES ANO 9TE IXOEX RANGE TOTAL AXNUAL YIE! [ iESA( PHASES OF SERIES RA}{GE SITE N A-I'4E IHPORTANT CL A^ >T EL'L SU ITABIL ITY f"r'^u AS HAbrTll F(rR-' ifion ,ee'r"l-*E!!!f!(IF'ENLANL] w i ULIFEWE1 LAND FOCJD AND .OVER HAROWooo & (ONIFEFOUS WOOOY PLAN] PHASF S OI: SE RI ES { fe::+.:,'u i.rre - subJ eet t o SCS SOTLS - 2C (R.v.) 8 - 7l FtLE COOE SOrLS_t2 revl i'i. on I Fl ' ,r' .T .+ - --r..r.', r' l-i t;l(_r,: _ (ril_t) SOIL SURVEY INIERPREIATIONS ,-.:ry' t1*"n l:.n.1 :;1ll r..;6;; ci.:.!1.c,?r..; ar .i :::(\,ie i3.jcuring ,--;r-.r' Lhe .:;rj ority o:. thc area.: nij.iij(,t .ri.tstl';,'ng3g cl an:rc1s i.:r.t -ur j irl: di: : ^et .t h_ ,,_..,.:'f illi] r Vc:.:n+ t,L '..r,, ^ t, u co,-:r. U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE. a:,_-i..1.. Ini+-. I stares, .16t],.;i. 'r:,:.i,lrgn ,: Sny landSTATE I ,.^o, L8 i,,r.'ised. LC/72 JBH CLASSIF ESIIANATED SOIL PROPERTIES SIGNIFICANT TO ENGINEERING SAM pEGREE OF SOtL LtMtIAT'ON .) w/ b.t.Dts b) w/o 16j656n,. 3eVgf C HAJOR SOIL HORt ZONS ( TNcHES) CLASSI F ICAT ION ".^.sl]ssE SLESSETH^N 3 rNcHEs PE RIIEA- BILITY ( ih. /hi) AVAI LABLE WATE R CAPACI TY(ln'ln) OEPTH TO AEDROCK oR HAROPAN --_ DEPTH To SEASoNAL HIcH WATERTASLL FLOOD HAZARO: HYOROLOCIC GROUP LOCAL iOAOS ANO STi,EET9 SEPTIC TANK ABSORPTIO},I FIELOS: S+IALLOI €XCAVATIOIiS: SAhITARY LANO FILL (TRENC8 TYPE} SOIL FEAIURES AFFECTING SELECTED USEPO}.O iESERVOIi AREAS IRRIGATIO}r fERRACES -d DTVERStOiaS CIrBAr{X'{€XTS,D|XES, nd L!\rEE3Devere oi{XrcE r, Clotl-.lalt nd pASTUiE o u. 8" SOII SUIYET INIEIPTEIATIONS pEqREE OF SOtL LIM|TATIONS AND SOIL TOSS FACTORS, AND POTENIIAL YIELDS- -T D€PAiTEXT Or ACRTULruRE sotL @r.s€RVATlon sE*ltcE SCS - SOTLS 2C-t (Rrv.) &7r FILE COOC sotLs_t2 CA}TP AAE 3 M^JOR FEAruNES AFFECTING IrcIEATION USES 'r €V€Ie ;.-.r 'ref Fl l,:i'r:re Je r.erc prctatc ATEAS PLAYGiOUNDS PATHS ANO TRAILS CAP/\EILIIY PHASES OF SERIES IVOOOLAND SUITAEILIYY GROUP SPECIES Al.OSITE INOEX SUITAEILIry )rEctEs ruITAEILITY PHASES OF SERIES RANGE SITE N A'IE MNGE - IMPORTA'{T CLIMAX SPECIES TOTAL ANXUALYIELO L 85/AC wtLPHASES OF s€R I ES GRAIN SEED C GRASSES. L E GIJ{.'E S PoTENTTAL es xea;;ffi OPENLAIO WI LDLI FE RANGE -LANO WI LDLI FE roooL Al{o wrL oLtFE IYETLAXT lYrLOLl FE PHASES OF SE R IES a p .::. ,, q, . Ientatlvs - srlbject to revlslon SCS - SOILS - 2C (Rcv.) a - rt FILE COOE SOrLS-t2 Arr,as r:3-,.i.1 . 25 toroak, siJr)asr €u,i.i , S.1fSe ."owth Ci.vr Garfield tounty, ColondoBtfle Sunrey lrear(6S3) SOI L SURVEY I NI€RPRETATIONS n0 rer^ f '., rt.' .r,hei:. surlace covered' ;-:r tS; -'-):-1. :.1-a-l_}-,1", rnlriL"nal soilj.r-.irLiOn 1.. 1'rr)f,:j (:.1 r(.i-:+ i.nS nr:.nit. U. S DEPARTXEI|? Of TMCULrUNE sotl coilsErv non sERvtcE "t;ti,:fiJ:[iHu n* STATE: :I:.,l4 Rr).rls, r) \;,,/-i? wi th c o\ter; ESTIMATED SOIL PROPERTIES SIGNIFICANI TO ENG]NEERING CLASSI FICATI ON PERCENTAGE LESS THAN ] INCHh5PASSING SIEVE XO _-_ AVAI LABLE WATER CAPACI] Y SHRINK_ SWE LL POTENTIAL POTENTIAL F R05- ACTIUN DEPTH TO BEOROCX OR HAROPAN D€PTH TO S€ASONAL HtCH VTATERTABLE FLOOD H.lZAFO HYDROLOGIC GROUP ,u*es oiil^EG DEGREE OF SOIL LIMITATION MAJOR SOIt FEATURES AFFECTING SELECIED USE LOCAL ROADS ANO STRE€TS SEPTIC TANK.ABS.IRpT,ON Flt L IJS_ rvr-tl.qr !fSHALLO!, EXCAVAT|OIISeCr,,-tfe -;,':-i ] or-l-Li.;r -::rr.. :nt . I ., ,-:- CORROS IVITY: a) urcoarcd,tcel b) concrcrc SANITARY LAND Fi LL (TRENCB TYPE i POND R ESt CVOTR AREAS EvBANKvfN ir L (is ahd LEVEES ;t kRACE5 and OTVERSTONS DRAINAGE .,, CRoPLAND T.1 PAsTURF a SCS - SOTLS 2C-t (Rcv.) a-? I F|LE COOE SOTLS-12 U. S. DEPARTTEilT OF AGNrcU[ruiE sotL co0{sERrr^Ttot{ sERttcESOIL SURVEY INTERPRETATIONS AFFECTING TECREATION CAPAEILITY SOIL LOSS FACIORS AND POTENTIAL YIELDS- *L CA}IP AREAS )N USES .l evei', _ cr/ere -. t-,'Lre ; gr..(.I'e PICNIC AiEAS PLAYGROTJNOS PATHS AND TRAILS PHASES OF SERIES $,ooDLAti o SUITAEIL ITY GROUP SPECIES ANO SITE INDEX a.ANAGEMFNT xeZenOS On t_ lMrrarrOrri PHASES OF SER'ES IMPOR]AN T CLTMAX SPECIES RANGI ILDLIFE SUITABILITY PHASES OF SERIES PoTENTTAL FoR HABITAT LL tlHrNl(,POTENTtaL es rea,ler roa..GRASSf S LEGUHES NAI VE UPLAND Pr ANra HARDWOOD &I CONIFEROUS W8 TLAND FOOD AND CCIVER WOOOL AliO WILOLIFE rI LOLI FE PHASES OF SERIES L ESTIA,IATED SOIL PROPERTIES SIGNIFICANT TO ENGINEERING PERCENTAGE LESS THAN 3 INCHES PASSIXG SIEVE NO, ___CLASSIFICATION COARSE F RACT, > I lN- OEPAH TO BFDROC( CR HARDPAN tF)TH TO SFASONAL hlGH WATFP,TAiILE FLOOD HAZARO ' I .. HYIROI OGIC GROUP -^1.''f a;prcrx. J0 r,-h'i::tensitl'ra '-? , -'; i-: I '-;)- -,io sCS - SOILS 2C tRe' 8.71 FILE CCDF SoILS- i2 SOIL SURVEY INTERPRETATIONS U. S. OEPARTMENT OF AGRICULTURE SOIL .QONSERVATION SERVICE SUITABILITY OF SOIL A sbunCt oF sELECTED MATERIAL AND FEATURES AFFECTING usE slorns ' t-TOPSOTL ir:.'l l';-I ,.GRAVEL. '. i--.. -cliaja.] ,. ., . , .i - : I l-,; -.' l-^-i^1c sANo: ,-i n-ii t.,t .. .-t. 1. . . L , 1, niii i, lt'L -o^r..-l',.-li -' hi i r' ;r l:l-.;^' i.' ";r tr I s-i lt- LOCAL ROADS AND STREETS ,-rrr.ro-i'?.r,1^r'rr.ar. fl. t'.1-'n r-S,,{a^',3 ni' i -u.r:-t.t"'1I lp SEPTIC TANK ABSORPTIOX FIELDS l,rrc-r:-r-...,- cy1*. fl ,jr.l:- ^.ra:i;IInl t^i.-'' Xatr.ftahlg SHALLOW EXCAVATIONS DWELLINCS a, w, bagancnts bi w/o bs5.6cnts -ai-t,':':.:-lli- ':f ,l- 1']-cOii-., , -. S' :-. (' '.1 ' -- , -! .- - -.r-f ^ coRRoslvlrY a)uncoat'ds!'e"l:'-"':"':li'":-l"l;h watertabl 0) (on're(c SqNITARY LAND FILL r TRENCH TYPE) DEGREE OF SOIL LIMITATION MAJOR SOIL FEATURES AFFECTING SELECTED USE POND RESERVOIR AREAS J i -} '-'.,+ ^n+.-'i.-'l a h i ,:lr:-! 1,' ^o--oeh] a nrri.ori :'l RRIGATION EMAAr{XtrENTS,Ol KES, bd LEVEESiiishlv Dervicus r,aterial lrith rapld seepage rate TERRACES md DIVERSIOxS ORAIXAGE.', CIOPLATiO ra PASTURE GRASSEO VIATERTYAYS ffi-6 L wat: r'tai l-e.fr-r:uen+. IlooCing flooii-nr: PATHS ANO TRAILS .)r..r( i €, ::1,;h 1.. ri,il'r,:i. lr, PHASES OF SERIES SPECIES ANO SITE INOE.X MANACEHENT HAZAROS OR LIMITA PHASES OF SERIES IHPORTANI CLIMAX SPECIES PHASES OF SE RI ES POTENTIAL FOR HABITAT ELEM€NT5 POTENTIAL AS HAB AT FOF HAROWOOO & CONIFEROUSiI@OY PL AN ] WETLANO FOOD ANO COVER PHASES OF SERIES SCS - SOILS 2C-l (Rcv.) 8-7 I F|LE COOE SOTLS-|2 U. S. ,EPARTTEilT OT SOIL SURVEY INTETPRETAIIONS sorL DEGREE OF SOIL LIMITATIONS AND IilAJON fEATURES AFFECTING TECREATION USES CAPABILITY, SOIL LOSS AND POTENTIAL YIELDS--(Hish Lcvcl WOODLAND SUITABILITY RANGE WILDLIFE SUITABILITY sEmncE a lr t".' OTHER ? SCS - SOILS - 2C r Rev ) 8 - 71 Frr r coDE sorLS-r2 ri,t /)t l.t -r. i. INTERPRETAT IONS U. S. OEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE, ., tr€ i : i SER I ES 'i 'r l: SIATE, SOIL SURVEY l'., '^:'ir.l ic ' i 1..!', .,r:O11; ^r I ESTIIY,IATED SOIL PROPERTIES SIGNIFICANT TO ENGINEERING r.,tAJ oR sor L HORr ZONS ( TNCHES) CLASSIFICAIION COARSE FRACT. > 3 lN. PERCENTAGE LESS THAN ] iNCHES PASSING SIEVE NO --_ LL PE RMEA- BILITY(rn. hr) AVAILABLE WATE R CAPACITY ( ln.'ln ) 50 tL REAC T Iolt (oH) SAL INITY (EC r l0J E25'C) SH RINK_ SWEL L POTEN TIAL POTENTIAL FROST AC T rOr{ USOA TEXTURE UNIF iE D AASHO a to {O fo0 -1' '_ ) .: )7 ) [.j ( 1 [ .l 7.il ) l-or.r 1:-,r Iow lcrw II:JI ior,: lcrr ,l-cw lor* DEPTh TO B' DROCK CR HARDPAN DEP IH To SFASoNAL HIGh wATERTABLC J.:(- FLCOD HAZARL BYOROLOCIC GROUP SUITABILIry OF SOIL AS SOURCE OF SELECTED MATERIAL AND FEATURES AFFECTING USE TOPSOIL . l\f GRavEL ) s ii.:isANo ..: i ..i ,,=ROADFILL. .lir 1-. nirit) DEGREE OF SOIL LIMITATION MAJOR SOIL FEATURES AFFECTING SELECIED USE LOCAL ROADS ANO STREETS i.cl,_:.1.1".,, -,.1 t-,.::. i" .r,r,e SEPTIC TANK ABSORPTION FIELDS:-lcd..r:;:t ^ - : 1. r: ., - -o l -l :r Lcrne ^ Lrxture SHALLOW EXCAVATlONS ? (r ' \' ',SEh^GE LAGOONS. -; i3f', t , - ',:, : t' . . i,il6r-ie. tr.>:t'r re OWE L LINGS: ,) w bas4menr< b)wobascme.rs ,.,ir'r1,F - lr:-,crri na;S - - -f COR ROS IVI TY. a) ur'coared stcel l D) con. rcrc I a.: SANITARY LANL] F LL {TRENCH TYPE) PONO RESERVOIR AREASlroder;,',e - sLci-i:i,tlrs il -'-.,oc. textu:.'e IRRIGATI{)N EIIBANKI''!ENTS.DI KES. &d LEVEESliodcrate - ;[-tL ratcri al TERRA( Fs a,r DIVERSIONS ORATXAGE or CROPLANO and PASTURE GRASSEO WATERIIAYS b SCS - SOILS 2C-t (Rcv.) g-l t F|LE COOE SOTLS-I2 U. \ DEPARTMENI OF SOIL SUIVEY INTERPRETATIONS sorL FECTTNG RECREATION U5ES CAPAEILIW, SOIL LOSS FACTORS, AND POTENTIAL YIELDS- WOODLAND SUITABILITY RANGE WILDLIFE SUITABILIIY SERVrcE ,.f PATHS ANO TpArLs PHASES OF SERIES CAPAEILIT} PHASES OF SERIES SPECIES AIO SI TE INDEX MANAC€MENT HAzARos oR Li,ITATIoN5 PHASES OF st Rt€s IMPORTAN T CLIMAX SPECIFS POTE(TIAL FOR HAtsITAT ELEMTN I5 P'TFN T]AL AS HAE Ai FOR HAROwOOL & CONIFEROUI, WOODY PLAN' WETLAND fOOt, ANO CT,VE R SHAL LOW OPENLANI] vrlLOl. lFt- PHASES OF SERIES OTHER \ ,. --. I :- ,-, Colorado , . ,. t- - ,.., " "'\'la '- - .)] SOI L SURVEY INTERPRETATIONS U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE '.'l::t: .i.;,* : :l: ,'C ','f- ..irfe,. ],. -. {n ''risi,d lC/7? i'Jt1-.+.l rrrr - -..!^ t^-+ . ^ -ir'' : ur. - scs-sol Ls-2c t-7 I FILE CODE SOILS-I2 MLRA . ), ESTIM,ATED PHY AL AND CHEMICAL PROPERTIES MAJOR SOr L',oR I ZONS CH ES) CLASSIFICATLON PERCENTAGE LESS THAN 3 INCHES PASSING SIEVE NO __- AVAILAELE WATE R CAPACITY ( ln ln) SH RIN K- SWELL POTENTIAL POTENTIAL FROST ACTION UNIFIED ;iaf .(i , r' o:l:. oEPTHToSEASoNALHiGHwATERTAi]LE(i()€(.HYDRoLUG|CJROt-]P i''.i-i5 .ll-.l-i ,a3-.0'i rTABtLtTy 4ND MAJOR FEATURES AFFECTTNG SOtL AS RES E TERIAL TOPSOT L.nelrr t ah !^CFAVEL - J OCl. 'AND: Poor ROADF ILL: :jOOd DEGREE OF LIMITATION AND MAJOR SOIL FEATURES AFFECTING SELECTED USE LOCAL ROADS AND STREETS: l..oderate to set.,,,rei: slriJe SLPTTC TANK FILTER FlELDS. Sevr:l'= tc :otlr:^.' : '-'rr',,: .' -^(:.. ,.,,\., I -..r.S:i1.'€t pgmeabillty SHALLO\1 EXCAVATIOIIS: Sg,"'1;p1.: slope , i'.( ;,: n,.::, tc;:t,ure SEWAGE LAGOONS DWELL INGS: ;rl;nL to S;everr, , .le,)enc Lnr; en :lope CORROSIVITY - UNCOATEO STEELi . locl. e :'a+- e Urrsuitalle, iri;it perrre?.1^,i1ity CORROSIVITY _ CONCRETE L<lv; RESERVOIR EHBANTHENT: 'Jns -itabIel hi gh perneat,ility CAMP AREAS l, o,-icratc tc l;.: '., r'e:; s lope PICNIC AREAS : io.ie r'.: e; s l-,,pe PATHS AND TRAILS PHAST S OF SERIES CAPABI L I TY PHA!I S oF SI RIES WUODLAND SLI I IABI LITY CROUP SPECIES AND SITE INDEX MANAGEMFNT HAZARDS OR LIMI IATIONS f(jR rAt lT PHASE 5 OF SERIES IIlPORTANI CLIMAX SPEC TS PHASES OF SE RI ES POTENTIAL FOR HAAITAI t:LLI.i NT\POTENT {AIN AND :ED cROP GRASSES, LECUMES (ONIFER WE TLAND FOOD AND COVE R SHAL L OW TIATF R DEVL LOP PHASFS OF SERIES DEGREE OF SOIL LIMITATIONS AND MAJOR FEATURES AFFECTING RECREATION DEVEL CAPABILITY, SOIL LOSS FACIORs,AND POTENTIAL YIELDS--(H;Leve I WOODLAND SUIIABILITY RANGE WILDLIFE SUIIABILITY trr-ft. nat..a ..4. ritr OTHER / 'n--.+. i i-.: - t'':l: ,.] . ,, i r SOIL SURVEY INTERPRETAIIONS SCs SOILS 2ClRev, 8.7i FILL COOE 5U]LS I? U. S, DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE ; .\. l, r'', :, f r,, ESIIMATED SOIL PROPERTIES SIGNIFICANT TO ENGINEERING MA]OR sor L HOR I ZON S (TNCHES) CLASSIF ICAT 'JN C OARSE F RACT, > 3 tN. PERcENTACE LLSS THAN ] INchES PASSING SIEVE NO. --_ LL PI PE RME A BILITY hr) AVAILAELf WATE R CAPAC I TY rln'lh) SOIL F EACTION (pH ) SALIN! I ' (EC r loJ !25.c) 9{RIN K_ SWEL L POTENTIAL POTENTIAL F ROST ACTIONLI SOA TE XTURE i.l\ L F i I L)AASH O a r0 .O 20ii ) DEPTH TO BT}ROCK OR H,A;iI]PAN SFPIH IO qFA:':INAL PI']H iAlf RT FI COI] HA]AFO BYOIII)LOGIC CROUPEll SUIIABILIW OF LIMITATION SOURCE OF SELECIED IvIATERIAL AND FEATURES AFFECTING USt DEGREE OF SOIL LOCAL ROAOS ANO STREETSS '..i.'-e: r'. i ''' ';r,t'r:..-: ', - l - i -ir . i !EPT C IANK ABSORPTION FIELDS SHALLOW EXCAVATIONS:..ud.ef3{ t - ;ti'.- , -' i-X-.l'l-"lS SEWAGE LAGOONS:,r /eY"(): stc-e nesg -l ' 1 r-:)e DWE L LINGS a) w basen.r'5 b'w'obas.ienr3 : '/ '' ''-,'i .':: !l:c-il :r'r'i-,'-" f ll,i,,)^.:.,.,.....'' CORROSIVITY Y.. d SANITARY LANO FILL lTRENCHTYPEt-'..'l;:.i:i].::iIeil..'],...:.,. MAJOR SOIL FEATURES AFFECTING SELECTED USE POND RESERVOIR AREAS . :crii. ::-.1r1-,r t',r;e . :, lot i': IRRIGATION EHBANKMENTS.OIKES. md LEVEESt?air conracti,-,n. r,....-i: url +-o lou s.r.3r utrenj,:+-h T ERRAC t ', i,,J :iTYERSIONS ORAINAGE of CROPLANO end PASTURE GRASSE D IYATERWAYS ffia -. rrtr '5 u. s.DEPARTMENT Of sotL CoNSERVATIo{ SOIL SURVEY INIERPRETATIONS OF SOIL UTUfUTTOUS IND r'UJ WOODLAND SUITABILITY IURE SCS - SOILS 2C-l (Rcv ) 8-7 I F|LE COOE SOILS-|2 DEGREE cAPABILITY,SoILLoSSFACToRS,ANoPoTENIIALYIELDS--(HighLcvclMonogcment) wooL,t AN o SI JI't A BIL iTY .-RO\lP SPECIES Al'l sl'rE rN0f, RANCf IIlPORIANT cL]'4A. ,PECIFS WILDLIFE SUIiABILIIY OTHER tsn!2i !';? - SCS-SOI LS-2C l-7 I FrLE CooE SolLS-r2 .:+ t c t'iv!.sL6n U. S. . :_'l DEPARTMENT OF AGRICULTURE- soru consERVATloN sERVlcE Sr-'rj-es: r't . Colllns i,r,- 'u nit : JOD MLRA Revised Lo/72 Jbll 0l ass if ica+.i '-rn: : .iolar3id; i ine r,i-xed, In€isic. Ioaml,-, MA]OR SO rL !TORTZONS INCHES) MAT PHY S L AND ctl$,tlcAt rclX3Ill su rTA Bl LITY A]9-AAAJ OR FEA RES AFFECTING-!O.|L AS RESOUrc!TERIAL Unsuilable POTENTIAL FROST ACTION AVAILABLE WATER CAPACITY ( ln' ln) PERHEA- BILITY ( in. 'hr ) PERCEI..TAGE LLSS THAN ] INCHE5 PASSING SLEVF NO, -_-COARSE FRACT. > 3 lN.CLASSIF I'ATION CEPTH TO BEDROCK (--R HARDPAN DEPTH TO SEASONAL I.{IGH \IATERTAtsLE trLOOD HAZARD: HYOROLOGIC GROI.,}P GRAVEL: l-':rsrri+- lble 'otYai.r tc good ROADF ILL: -f oif DEGREEoFLIMITATIoNANDMAJoRSoILFEATURESAFFEc.I]NgSELECTEDUSEFrrc ur.rx FILTER FIELDS:"- i,io,l*i'"-t- to Se'rere - stceiness of slope LOCAL ROAOS AND STREETS 'oderater - slccl'Iress cf sloPe Nioderi'te to severe -slcpe, texbureSHALLOYT EXCAVATIONS: steePness of +Zonnostvtrv - uNcoATEo srEEL: ovtelLrNcsl'ns6erate - steepness of slope CORROSIVITY-CONCRETE: I I low iREsERvorR ^R1:rate to severe - sloper texture rerrvorr EIIB XXI*}{!:'- tbdeSste r,) EteePneee of alopc -t-aFGF t- !, lr E. 1 i :i .t!t 1 !ii ,i ii\l \ DEGREE OF SOIL LIMIi, .,OHS INO UITOR FEAIU@ Rtr IION DIVELOPME ]ioderate - steePness of slope CAPABILITY, SOIL LOSS IACTORS'AND POTENTIAL YIELDS--(Hi Lcvcl wooDLAND su!I4lll!TY RANGE IHPCiiIANT CLIMAY SPE( II;5 ^r !l PHASES OF SEqIES WILDLIIE IUITABIT ITY ;oE;;L FoR H a!.llI '!1-!li; OTHER Sllsht t,o ;,orierate - slooeFICNIC AREAS rodera@PLAYGROUN OS PATHS AND TRAILS ( APABILI-I-YPHASES OF 5E RIES lt-LL b-I2 SPECI€S AND SITE INDEXWUOOL AN D SU ITABIL ITY GROUP PHASF S OF sERltS gtAt-LOVr $,TTEP. DEVF L OP, PHASES OF SERlES !t[: T LAN D r-ooo At{tl COVI R t-os COI!IFER PL AN TSE R A,ACEOU LAN T5 GRASSES LEGUMES PHASES OF SER,IES ..1-xr'inu't t"'' tt'r Fi irrli ,lli ,\_YN\-A\\=\ \.\ rr- iL- i, )J,I Ii r.'l-l'Oitilirtf0i\I S :lxITS for iLilrJSfON CONTiiOL l,rrLAb u-,ti,b COTJSHR' 'TION TII'S IIOR III'-LDERS ir Eirfltltr r It is possible to build on anysite, but the cost and risk will vary greatly. fJet basements, cracked founda-tions, soggy backyards, washed- out driveways, ,:rccied I awns and banks are but a few problems that can be encountered 'in the course of developing a home site wlr ich i ncrease the cost and r.iskr-rf bui Iding. These Conservat'ion Ti ps may hei pyou reduce or el'imi nate the haz-ard of these problems. CONSERVAIION TIPS t.CHOOSE A SITE THAT HAS GOOD NATURAL DRAINAGE, TOPOGRAPHY AND SOILS. Avoid areas whjch may be subject_to ponding of water or which carry largeamounts of storm runoff. Avoid low areas iubject to flooding or areassteeper than l5%. Recognize shallow, wet or extremely stony soils andplan constructjon accordingly. Consult the soils map of the area at thelocal Sojl Conservation Service office and make on-site soil investiga-tions for on-site sewage disposar and basement foundat.ions. LOCATE THE HOME ON THE SITE SO THERE IS ADEQUATE DRAINAGE AWAY FROM IT. Idea11y, there should be surface drainage from all s'ides of the home wjth-out excessive cutting or filling. Provide adequate storm dra'inage to thestreet, storm sewers, or other areas where disposal does not create erosjonor fl oodi ng problems. PLAN DRIVEWAYS TO AVOID EXCESSIVE GRADES. Fit the driveway to the contour of the land. Steeply sloping driveways canbe a hazard in bad weather and unless surfaced are'suujec't t6 severegu11ying. whenever possible, keep driveway grades lesi than g%. 2. 3. @o N o $N 3 ci U. S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7- L- r 4000-236 4. HOLD SITE GRADING TO A MINIMUM. Excessive grad'ing can change the natural dra'inage pattern, cause.ground- water to seep to the surfaie and severe erosion. Save al1 topsoil by stock piling. Redistribute uniformly after grading' 5. SAVE TREES AND OTHER EXISTING VEGETATION. Good vegetative cover provides the best'soi1 protection. against erosion. Trees and other vegetation also enhance the beauty of the property and p.oriOe inaae for iawns. l4ark the trees you want to save with a bright colored tape. Protect them against damage from construction-equipment UV roping them off. Avoid fiil.ing around trees; or where filling is nec- essary, construct dry wells around the tree. 6. EXPOSE AS SMALL AN AREA OF LAND FOR AS SHORT A PERIOD AS POSSIBLE. It is r.isky to remove al I topsoil and vegetat'ion from .|9.99 areas. Silta- tion and slOiment from these areas may cause damage to.buildings and is .*p.niive to clean up. When areas must be exposed or bared, keep the expo- sure time to a min'imum. PLANT TEMPORARY VEGETATION DURING DEVELOPMENT IN CRITICAL AREAS. Sometimes large areas or steep areas must be bared during construction. Pro- tect these areas with temporary seedings of rye, annual ryegrass, or fjeld bromegrass to keep eros'ion and sediment to a mjni'mum. INSTALL CONSERVATION MEASURES TO PROTECT THE SITE. In many situations where the land is exposed during construction,.vegetation ilon" iannot adequately protect the land. In other cases, excessive storm .rnoit must be dj'vertei to safe disposal areas. Conservation practices, rrCf, ut diversions, waterways, debris bas'ins, or grade stabilization struc- tures, will do the job effectively and economically' 7. 8. 9. PLANT PERMANENT VEGETATION AS SOON AS PRACTICAL AFTER CONSTRUCTION. prompt establishment of lawns and other landscape Olalt_ings wi'11 provide permanent protection from erosion and will also beautify the site and enhance the value of the home. IO. REPAIR AND MAINTAIN CONSERVATION PRACTICES AND VEGETATION. Repa.i r damaged areas by reseedi ng 9l sodd'i ng. Ferti I i ze as needed to mai n- tain adequale vegetat'ion. Mow to discourage weeds' gvN m N CRITI-AL ARHA STABI-IZATIOiT (wrrH TEMpoRARy sEEDTNGs) Probl em Area Graded or cleared areas which may be subjected to eros.ion for rp to !zmonths, and where a temporary seeding ii-n..a.a to control irosron. I. Site Preparation A' Grade as needed and feasible to permit the use of conventionllequipment for seedbed preparation, seedtng, ,rfif.l ipbji..ti.f, anaanchoring. .J'"'-'-"-rr l'--B. Install needed erosion control practices such as interceptorditches, dikes and temaces, contour ripping, "rorio, iilpr'unadgsilting baSinS. ' "rr.rrrYt Lrwrrvrr JLUy) qrru II. Seedbed preparation A' Apply fertilizer according to so'i1 test recommendations, when soilsare reasonably uniform and precipitat.ion and/or i;;i;;ii.; ;; -- '" adequate'-.-srl-/Y!lll.vuglvlllJ B. work fertirizer into the,soir lg g_depth of 4 inches with a disc,springtooth harrow or other suitable-lquipment. -Crrtinue tillageuntir a reasonably uniform, rine ii.r-,seeboea i, p..iared. 0nstoping 1and, the finar hairowing or dir.ing-0p..;;;;; shourd beon thg general contour. 'J -re I s u I vrl Jlruu I u uE III. Seeding A. select a grass or grass-legume mixture su"itabre to thtclimate. ,5_reguile rntxf,ure suttaDle to the soils fnd B. Apply seed. uniformly by,hand, cyclone.seeder, dril I , cul tipacferseeder or hydro-seeder (slurry including seei ino ririitiz;;i.l-Normal.coverage is from 1/2 to I lnirr. "Hydro-i..aingi whjch aremulched, frdy be left on soil surrace. - rrvr vrl,vrr qI E: c. hlhere feasibre, except ryh9n-3 cyrtipacker type seeder is used, theseedbed shourd be firmed_foilowing seeding 6beraii;;, with a.yllipacker, roller, or I ight dra!; o, foltowing ,rf if.r"uppf i.ultion,with the murch anchoring t6ol o. [i.I crrirn. 0; ;i;;ir;"ijfi:'rlljingoperations shourd be on the contour wherever practical. U. S, DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7 -L_ t 4000-244 G; IV . Mul ch'ing A. Mulch materials should be unweathered, unchopped, small grain strawn.ffi.ij-.t-tr'.riteot11i2to2tonsperacre'or70to 9b Pounas Per thousand sq' ft' B. Spread uniformly by hand or mechanically so that approxinately 75% of the so'i I surface w'i I i be Covered. For un'i form di stri buti on of frana spil;; ;;i.r,,-aiv'ide area into approxjmately 1,000 square feet secti onr-ina piil. s uuies, roo r bs. ,' of mul ch for d'ist.ibut'ion wi th'i n each sect'ion ' C.Mulchan!-h9-rjrE.shouldbeaccomp.lished.immediatelyafterv' mffis by wind or water. This may be done by iottowins methods, depending upon the.size of the area, of slopes, unJ-ioit..' 0n sToping 1and., practices 3, 4' Letow,'should b. don. on the contour wherever poss'ib1e' p1 acement one of the steepness and 5 to within 2 to 3 directions. Stakes Secure mulch to in a criss-cross each peg with two or 2. Peq and Tw'ine - Drive 8 to l0 inch wooden pegs ffiIFoFTEe so'il surface every 4 feet in al'l ,;, il driven before or after app:lyjng mulch' soit surface by stretching tw'ine between Pegl with'in a square pattern. Secure twine around more round turns. Mulch Nettjngs - Staple light we'ight paper'.jute' cotton or pTefiE nett-ingr io il'. roit surfice accordj!g !o manufacturer's recornmendations. Netting is usual'ly available in rolls 4 feet wide and uP to 300 feet 1ong. slit - wjth a square pointed spade cut mulch into the surface lolT in rows lB inches aPart. Mulch Anchoring Tool - A tractor drawn imp'lement especial'ly designed to puncffio anchor mulch into the surface soi1 ' This ;;;;i;;; iiti,.ar maximum erosion control, but jts use is'limited to those slopes'rp., ,,iii.f, ihe tractor can operate safe'ly' Tool penetration shoul d be abou t 2'3 'inches ' pjck chain - Th'is rolling spiked-chain implement can be operated iffi;G-of 3rt grad1enl or steeper. It is attached to a i.uitoi-or truck ifricfr operates aiong tlg qop of the s1ope.. The p.ick cha.in iun"iiro-Le usea ior ieedbed i:reparation and m'ix'ing lime'and fert'ilizer with soil' Emul s.i fj ed Asphal t app'li ed as mul ch materi al 'i s bl own f rom the applicator o. u#, ;;;;";'t lngiation' provides excellent mulch anchorage. nppiy-unii'o"mty 0.04 ga116ns per-square yd'or rap'id curing (R.S.-l ,'. n.s.--Zi,' *.dir*-.rring (M.S.-2) or slow setting (S.S.-l ) aepenaing .l qg:irea curing tiile' See, the manufacturer's specificat'ions. 'Errrtiiied asphalt should not be used 'in freezing weather since it contains approximately 50% water. Liqu'id asphalt may be used in freezing weather' 3. 4. 5. 6. 6s N oo N i J o C' o CRITI*,AL AREA STABIL.ZATION /--- - -(WITH PERMANENT SEEDTNGS) Probl em Area Graded or cleared areas wh'ich may be subjected to erosion and where oerer]rniatvegetative cover is needed. vegetation cannot be expected to provide an erosion control cover and pr{ventsoil slippage on a soil that is unstable due to structure, water movement,or excessive steepness of sl ope ver v ' 'rq uur rrrvvErrrsrr I' Minimum soil conditions needed for the establishment and maintenance of Jperennial vegetative cover rrrq rrresrrqrrr's ur ] l. 9rgl.25 percent si I t and c1 ay.B' Suffic'ient pore space and aeptrr to permit adequate root penetration.!. Favorabl e pH 1 evei and free irom toii. ,rb.tur.., . 'v er q u I vrr 'D' slopes wh'ich are not subject to srippige-oue to srow permeabirity or [ilrercauses [ "',", I. Site Preparat.ion A' Grade as needed and feasible to permit the use of conventionalequipment for,seedbed preparation, seeding, mulif,r ippiication andanchor.ing, and maintenance. -"J' "'" '-" *rv B' Install needed erosjon control practices such as 'interceptor ditcles,d'ikes and terraces, contour ribping,-."orion iiops;-.h;;;;i ;i#f^;;'and desilting basins ' .J ' vr! vevvJ' e'r II. Seedbed Preparat.ion A' Apply fertilizer according to soil test recommendations when so.ilsare reasonab'ly uniform and precipitation and/or i".lgiiion isadequate. B. work fertirizer into the,soir lo g depth of 4 inches w.ith a disc,springtooth harrow or other^suitablg l,qripment. Continue tillage untila reasonably uniform, fine firm seedbe,i il p..pur.a. - On sfoping-l;;j;the final harrowing or discing op..uiion srr6utd be on ihe generalcontour. U. S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7-N - I 4000-245 CRIICAT AREA STABfiITTIoIT (wrrH sou) Probl em Area Graded areas which may be subject to erosioncover is desired. Sod cannot be expected on a slope that is not slope. a N oo N : g Limitations - Sod may be placed any time of the year as'long as moisture require-manls are met and thl g.o,]na-ii not frozen. Droughty slopes should not be sodded unless regularirrigation can be provided. Due to the difficurty of-impossibility of successfur ma.intenance, slopessteeper than 3:t generally should not u. ,oJJ.J with g;u;;-;i;iJr.r. use1ow, or minimum maintenanie grouna .or.r.-irri.ua. Sod Specifications l. cultivated sod is preferred over native or pasture sod. specify ,,certi-fi ed Sod,,' state ,,Approved Sod,, or other. 2' sod should be free of weeds and undesirable course weedy grasses. 3' sod should be of uniform thickness, approximater y 3/4 inch, plus orminus 1/4 inch, at time or .;iti;;. iEliiro.; iop gi"orthi. 4' Sod should.have.a-compact root mat to assure, mechanical strength and toassure ear'ly and firm anchoring to soi'l surface. Broken pads and torn oruneven ends will not be acceptible. 5' For critical slopes, a sod of, Kentucky 31 tall fescue and bluegrass isto be preferred over a straight bi;egi'aii soa,.ip..iuiiv tf the site rsdroughty or shaded. 6' 0nly moist, fresh sod should be used. sod should be harvested, deliveredand installed within a period of iO-hor.i. I. Site Preparation A. Grade as needed and feasible to permitfor fertilizing and soil preparation. B. Install needed erosion control practices, such as .interceptor ditches,dikes and terraces, erosion stops and desilting basins. and where an immediate vegetative to provide erosion control and prevent soil slippagestable due to its structure, *ui.r movement, or excessive the use of conventional equipment U. S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7-L- t 4000-246 II. Soil PreParat'ion A. If so1ls are reasonably uniform, fertilize according to soil test. B. Harrow or d'isc fertjl'izerinto the so'il to a depth of 2-3 inches. Contjnr. tijiig. unt'il a reasonably uniform, fine, firm seedbed cond.ition has heen attained. 0n sioping land, the final harrow'ing or discing operatjon should be on the contour where feasible' III. Sod Placement A. Sod strjps should be lajd on the contour, never up and down the s'lope, starting'ut-ihe bottom of the s'lope and working up. 0n steep slopes' the use'oi-talJeis witf fac'ilitatb the work and prevent damage to.the sod. Orring p.r'iods of hjgh temperature, l ightly 'irrigate the so'i1 'immediately prior to'laying the sod' B. Place sod strips w'ith snug even joints. 0pen spaces invite eros'ion' Stagger joints. c. Roll or tamp sod immediately follow'ing placement to insure solid contact of root mat and soil surface. Do not-overlap sod. -All io'ints should be butted tighi in order to prevent voids which would cause air drying of the roots. secure sod to surface so'il with wood Pe9s, wire staples' i8-io-.l0 'inches long bv 3/4 inch wjde) ' E. Surface water cannot always be diverted from f]ow'ing over the face of i[. iiop., but i capp'ing itrip of heavy jute or P]astic nett'ing, p.ope.fV r..r".a, aibng-the crown of the slope wil.'l pIgYide extra i:rotection uguinrt f ifling_and undercutting of sod. This same tech- iiqr..un Ue'usea to fortify sod'in water iarrying channe'ls and other critical areas. Use wire staples only to anchbr iute or plastjc netting in channel work. F. Immediately following anchoring, sod should be watered unt'il moisture penetrates the roif iuy.t Ueneiifr sod to encourage quick root growth' Maintain optimum moistfire for at least two weeks. As sodding 'is completed in any one section', ihe ent'ire area should be rolled or tamped' D. 0n sl oPi ng s'ites , or sp1 i t shi ng'l es Maintenance - If soils test. IV.are fa j r1y uni form, fert'il i ze accordi ng to soi I A. Topdress bluegrass and tall fescue sods each September or 0ctober' Cpitical areas should have a s'imi'lar topdressing in early spring' B. If occasional mowing is desired, grass should be mowed not closer than 2 inches. Care should be taken-n6t to damage the turf mechanically through ,t. Ii-i*p.op..-*Owing equipment 9r !y attempting to mow with r.,.urv-.qripment when'the ground is excessively soft. ESTA,JLISHING YEGEfruoN oN CRITICAL AREAS scs PHOfO tt-F379_7 sc' proro tl -p6ra-3 scs pHOrO r r -F55t -7 rt is imporEanE to estabtlsh vegeEaEion on dams, borrow areas, levees, ditchbanks, road-sides and other areas disEurbed in construction work or barren for oEher reasons. Agood cover of vegetaEion can protect ahu ".". from erosion, prevenE the establishmenE ofnoxious weeds, improve apPearance, reduce_mainLenance and provide a longer life for acompleted project. rE may also improve the area for wildlife, Seed The any they ideal Eime is Lhe Eime of year Ehan should be seeded same as for pasture andrisk not seeding at all. immediacely, while their range seeding Unless sEeep surfaces are ted. .o N NIor,tN = : d .i but iE is beEter to seed Eslopes can be roughened later,sEill loose. SEEDBED PREPAMTION AND PLANTING The besE means of providing.for rhrifty sEands of perenniat grasses and legumes is to pLace i:T:il":: sEerire areas. As lirtle "" or," inch will make significanr improvemenE. More Heavy applicaEions of-manure or a good, balanced fertilizer will aLso aid in sEandestablishment ' Annual applicationLiir conEribute to continued good growEh, compacEedareas should be spiked to incorporaEe Eopsoil or ferEilizer and provide good rilrh forseedling gror^rEh and esEablishment. when seed musE be broadcast, roughen surfaces enough Eo provide a place for seed andferEilizer to lodge and be, "o,r".Ja ty-a;" acLion oi rain and snowmelE in order Eo promoEegerminaEion and sLand esEablishmenE. A spike harrow, properry weighted, will leave aslope in excellent condiLion for planuing in this manner. Areas that can be drilled should be tirled and packed in Ehe same manner needed for forageplantings. Drill the area Ewice, the second operation aE an angle Eo Ehe first, eachtime aE one half the recommended seeding rate. U. S. OEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7 - L- 14000 - 228 -2- 6ilriticrr sites and it undeeirable weeds get a ProJecE of well is imPortant foothold. Useaclrill.forplantingwheneverpossibleandpracticatb.doso.Drilttheareat$tce, Ehe eecond Eime ac an angLe ro the rrrst] tti"'rirr give beEter dtsEribution of seed and olangs and provide ground cover more q"i.trvl--wi"t' aiirrit'g on slopes' keep the box full of eeed or instalt divlders L8'2t+n aPart i;'Ehe box to keep seed from settling to one end i;.;i;; part of the hores uncovered' Seed should not be covered more Ehan about one half inch deep' MI,ILCH A uniform mulch cover of 1 to 2 tons Per acre of stravt or weed free naEive hay wltl reduce or prevenr eroston ;;a;i ; "a.rrd "r' t" ""i.ifi.t"a' A soil proEected by mulch holds more moisture near the surface and promote. g;;i;;;io1 ancl,.*.,gt""t' Mulches may need to be anchored to prevenE. removaL by winil. ci"r" "rrt when the """d it mature can serve both as mutch and source of seed' ANCHoRTNG EQUTPMENT bIe ro Tractors and equlpment operatlng-on sEeeP slopes can be- anchored by chain or ca anolher E.racEor o. "--arrrtt travellng orr-i".r.r^ Eerrain above them as shown in the plcture on rhe opposlre "ral "i-tiris sheer.- rt,i"-riit provide safety and lessen downhtlt sllppage' COOPERATOR Ident. No. Dafe E'ERTILIZER:1bs. (P) (P2o)tac' - Lbs. N/ac 1bs. (r)(rzo)/ac U. S. DEPARTMENI OF AGRICI'LTI]RE-- SOIL CONSERVATION SERVICE Acres: dritled broadcast LocaEl-on MaP Sec.- T- R- G.*AI)ING AND VEGI-ATING DEVBTOPMENIT AREAS Si te Preparation Properly graded and uegetated 1' ilrffi;'::13;.l3il5nl""rable trees and shrubs undisturbed. protecr them Disturb the reast amount of rand necessary to deverop the area. Leave disturbed areas open for the shortest period of time possibre. Remove and stockpile the topsoil lefo1e grading the site. when gradingis completed, spread tr;. i.pirii evenly over the area. Grade and slope the area to permit the use of regular maintenance equipment. Develop a surface grade of 2% or more away from buirdings. 5ffll!i'i':'#l'ff.;'r?:;.1:"," disposai svstem' such as waterwavs' 2. 3. 4. 5. 6. 7. N N O N i d a: < Seedbed Preparation 4 inches. rol I er. 1' Apply fertirizer uniformry over the area to be seeded. 2' Mix fertirizer w'ith the surface soir to a depth of 2 to 3' Prepare a firm seedbed by rolling with a curtipacker or Seed i nq l{ethod s - l' Apply the seed uniformly over the seedbed. press seed into the soil witha cultipacker or roller, or 2' Broadcast the seed and cover with hand toors on areas too steep or toosmall for the use of power-equipr.ni,-o"--'" 3' Apply the seed and fertirizer with a hydraulic seeder. U. S. OEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7 -L- 14000_242 Mul ch i ng Aoolv mulch uniformly about 4 straws deep over the ili;"h in prui. bv onl of the following methods: I . Run a weighted d'isk, with blades set straight' 2. Uie mutch netting, jute matting or fiber glass 3. T'ie the mulch down tvith string' 4. Treat the mulch w'ith asphalt emuls'ion' 5. Keep the mulch mo'ist by applying water' Sodd i ng sodding may be needed in areas where wateris concentrated or where steepness makes seeding unJesirable. smooih the areas to be sodded' Fertilize the same as for seeding. Ma'i ntenance l. I,,lhen in need of fertilization' use a fert'ilizer containing desired p'lant nutri ents.2. Repair damaged areas by Ii1'l'ing and sodding, attd/or reseeding and mulch'ing' 3. Mow often to-iontiol w-eeds and"to produce a dense sod. cut grass at a he'ight of 3 to 4 inches' AMoUNTS0FMATERIALNEEDEDPERI,000SQUAREFEET Other Items of--lrniortance. seeded area. Hold the over the mulched area. matti ng . Fertilizer Mul ch (uus)Area S'ize, Descri Pti on Seed Ki nd LDS .Ana l vst s Lbs . t-$ c.l Io tN II GRADING AND VEGETATING YO U R LAWN Gradinq and Drajnino Provide for removal of surface water. Outlet eaves troughs and downspouts .into storm sewer or tire drain. Grade subsoil to slope downward from buldings. Shape diversions and ou;ets, wher€ needed. [l'] l:?:";,],ifil'o the house and srade it so the surface water drains away from the house where needed' install tile drains to insure satisfactory subsurface drainage. Installfeet of inch tile as shown-on-sketch. Prepari ng and Ferti I i zi no So.i I l. Remove all stones and debris, includinq wood_scraps, metal, mortar or old concrete.?. Cultivate with a disk, cultlvator or rototi ller.3. Apply pounds finely q.ounO limestone per 1,000 sq. feet.4. Apply -_ pounds of , '_ - , - fertjlizer per I,000 sq. feet. q. Roll the area with a light miler.7. Fjll lor spots which show up afie. rolling. Use fill soil or liqhtly rake soil fromaround low areas by hand.8' Make any final changes in surface by light cuttinq and firinq. Seedi no ). ;ffi:r::lf:.rl::Tl_HJnsro..oo"r r5 or Aprir I and May r5. (preferred seedins dates). pounds of pounds of pounds of per I ,000 sq. feet. U. S, OEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7 -L-t 4000_247 3. 4. Divide seed into two equa. parts. .seed one half in an East - lrle-- direction in a North - South iiiiliioll -5eea-wiirr-i la,n seeder, cvclone seeder' horn directly bY hand. Inrnediately after seeding rake l/2 inch deep and r^oll with a Iiqht roller or light roll-er without raking' and one half seeder or roll with a straws deeP). or by frequent Mul chi ng Aoolv 80 pounds of weed free straw per l '000's[ItL ort'inv-Ltrrpt of straw and be sure it To kecp mulch from bloving' tie it down with wateri nq. sq. feet of seeded area. (about 4 is evenly aPPlied. mulch netting, stakes and string' L_qcATI0N SKETCH Materi a'ls (Tota'ls ) UNITED STATES DEPARTMENT OT AGRICULTURE SOIt CONSERVATION SERVICE MULChING for EROSIOI\ CONTROL on i\EWLY SHAPED SLOPES (o NN Ionrt N I = : .i Strar mulch ts Sequently and success-f[I1y used and ts readily available. Clean gratn strau, flee of noxious ueeds, is reccrmnended. It should be untformly spread over the geeded areaat the rate of one hr:ndred pounds per 1000 sq, fb. ft can be applied by hand as shown on the .right. Ibe straw should be beld in plaee on the slopes by npunchiDgtt or ntucki:rgil rlth a spade, as shorm at 1orrcr left, or by fiber netting as sholnr on Lower right. 5CS PHOTO 3_549?_4 DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE Bare, unvegetated slopes resulttng fYon road and driveuay construction, housilg developnents and other epesof construction on sloping lands, nay erode at an alarrning r8te. Erosion and sediment from these areas damage home lots, highways, draiaage systems, botton lands, water sup-plies and reservoirs. Bare areag should be vegetated as quickly as posslb3-e. Mulch atds in establishing good vegetaTliilcover and provides temporarXr erosion control until suf-flcient plant cover derrclopes. eg6xw,**s.wffi a*i;ffii"* U.S IbaW Jute netttng, L/2 to 2.tnch *esh- cin also be used to Protect slopes around houses, ctructureo, or on ioaaUanfE. I?re nettipg sbould be properly stapled and ancbored to the ifob. - Grasl planted under the Jut'e netting ri3.1 grow uP through tle nesh opentnge. Gmrnd cover plants and shn$s can aLso be Planted tbrough the nesb bY cuttlng a small opening. & lfood flber nul-ch at 1500 ponnds per ecre or 35 Porurds Per L0O0 sg' ft' may be used instead of gtrar' It ts "ppft"a hydrauJ-1c411y.. It can be uiitu" .ppff"a jlmrediately fotlowi:rg """Oirg .ira tu*ifizing or applled in ;-;il;T rr1th the seed and ferbillzer' Ot"-"O"l"tage of this method is that eeeAfug, tertitizing and rnul-cttlng c"n Uu-q"ick1y done in one operation' it "* dreo uL r:sed oa sitee where roctcs or terrain prevent prepartng an adequate seedbed. PF +$,lj.l ^ ' . t"r.l'',it... , ,.t:- .tA well vegetat€d sJ-ope ri13' prercnt "ro"iott aid sedimentatton and enhance itre UeautY of the area' A rnuLch cover aiala in estsbLishi.ng the- excellent vegetatlve cover on the slope shown ia t'his Photo' CoITACT T@B SOIL CONSERVATTG{ DISIEICT TCA fiIBTHER AS$ISTAI{@' PtA TIITG TREES AI{D EiNUNS Insert bar at 45o ring) e. Push f or-ward to upright position. PuI1 bar handle towardplanter to close hol-eat bottom of roots. Remove bar and pl-ace seedling at correct depth. Hold seedfing at cor- rect depth .- insert bar I inches from seedling. Keep roots wet prior to Push bar handle for_ward to close holeat top of roots. planting. plant seedling Stonp with heel_ tofill in last ho1e. roots straight down,wittr PLANTIN roN o N ti o I a Have hole at least Ifoot wider than balldiameter and fiveinches deeper than bal1. Remove burlap "nOfill hole I tutl, otsoil; pack soil to remove air pockets. Fill in hole s o tree will be at sane depth it was in former loca- tion. Place tree in hole; replace enough soil- to hold tree. Fi]I hole with water. Ithen water has soaked away fill hole withsoif to ground leve1. BALLED STOCK U. S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7-L- I 4000-237 USES OF PIA1NTS Emphasize Good Architectural Points Conceal Bad Desi gn Form a Background Frame the House Wi ndbreaks Furnish Shade Screen Provide a View Border Pl ants Attract Birds select Plants That Are Adapted to Your soil and climate Pt NTING TBEES AN' SHRI]BS FOR OT]TDOOR TIVING --------t:=..----====--- - Trees and shrubs add much to the. enjoyment of outdoor living.special purposes for trees and shruSr"irlirJ. iJ...nr, soundglgsion control, beautification, shade, inJ-io.-rongbird andlife food and cover. When t_o Plant Balled and burrapped stock_- spring or fal1 seasons - March 1 _ May 15,or 0ctober I to November ZO. Bare-rooted stock - spring pranting onry - March, Aprir and to middre ofMay. How to Plant Balled and burlapped stocknot lift by the branches. permanent position. Dig athan ball dimensions. de ; pick up and t,ir9]e by the burlapped ball. DoKeep burlapped ball moist untjl pilnted in-a -- hole at teast I foot wider and 6 j;;il; Oeeiercareful not to break soi I away from roots. Some of the barri ers ,other wild- o N o N = : ,i o'I o s /if J -,// Ploce Boll Of Eorth On Loyer Of Top Soil So Thot Top Of Eolt ls One tnch Below Ground Level @ woter @ Fill Top Soil Around Boil To Within Four Inches Of Top Of Ground. Pock Firmly With Feet After Woler Hos Sooked lnto Ground, Finrsh Filling Hole With Top Soit Until Even With Ground Level . Do Noi Tromp. Never Mound Up Soil Around Evergreens. U. S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE @ 7- L- I 4000-238 Bare-rooted stock - keep bare roots sun at al I t'imes. Plant as soon as piiniea i mmedi ate1y. Transpl ant to Pl ant'ing Bare-Rooted Stock Water thoroughly after firm'ing soil around a-weef< durin! plri ods of drought ' Mai ntai n peat moss around p1 ants for mul ch and weed What to Pl ant Heel'i ng i n Bare-Rooted Stock roots. t^later thoroughlY once one 'inch of loose toPsoil or control . Pl anti ng Locati on moist and Protect from oossi bl e. Heel i n and permanent si te as soon dryi ng wi nds and water i f not as poss'ib1e. Frrm Wrth Si ze or Age Number Needed Spaci ng to PlantPl ant Best results are usually obtained by using fresh'ly dug stock from a certified nurserY' Down Source of stock - PRESE.TVING EXISTIN,., TREES ^ iii: 'J;ffif;,Tff 1"H;,tj"f.:':,..*q:lf,":_ l:Ih: rire is rsid ou, on i*, T ii ii: i:fi:, .iffi,[,' Iiil,l,ifl ;,1* tr :1, i# ], " i*i. * o o reloininglroll protecls s lree fromo lowered grode. Tunnel benesth rool syslems. Drow-angs ot left show trenchinq thotwould probobly kil! rt,"- rr"".urowangs ot right show how lun-neling under the tree will preservemony of lhe importont, feederrools. U. S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE co. 7-L- I 4000-2s5 shode, ornomentol ond specimen trees deserve protection from encrooching eorth cuts ond fi,s. H";:;"';;;-i t;''*i;;;;*.llona "ut bonk treotments' Note thor where "orpr"t})';r;;;;;;;'6r;;;li*"li (o minimum distonce of twice the diometer of the tiee stem o*oy f'J- it)' p"ltion is mode for droinoge' Mosonry wolls o* noiot*oys.necesso,lf ,o'prbtect t'ees but th"y ot" often odvisqble' Eorth should never be ollowed to rise'(ig[.i'"" irr" stem thon ii the cose under noturo I growing conditions' I iI'l I fl.lelrl al!l ts Morker Post PLAN FULL TREE WELL Use Tiic Except in Cose of Pourous Soil sEcrloN' i. -or. I 40l- - -Il ili F;, ) !ii\', )'..' j I*l\rf I l' PLAN I l.liE :llr rll3 ;ll* =llo ,ll* ;llur I lt DETAILS OF TREE ISLAND I li-lul-:t!t Ju0 r0 E - Sl"rlder Line SECTION R,=Min. o{ Twicc Diom. of Trqe Mox. SloPc /z:l Hdcss thon 3' SECTION /aaA\/d-/d\--aaa@@@@@@ TYPICAL TREATMENT OF ROOT PROTECTION PRESBRYING NATURAT \ I]GBTATI0N IMPORTANCE OF SAVING NATURAL VEGETATION Saving natural vegetation can reduce soil erosion, help to beautify an area, save dollarslandscaping costs, provide areas for wildl ife, "nj increase the value of the land. NATURAL VEGETATION SHOULD BE PRESERVED On Steep Slopes Along Streoms ond Noturol Droinogewoys Building Sites in Wooded Areos N N o : HOW CAN NATUML VEGETATION BE PRESERVED? It can be preserved in natural clumps or asindividual trees, shrubs, and vines. A, Saving clumps or blocks of vegetation isgeneral ly the egsigst, most successful, ano most economical method of preservingnatuET-vEfrtlTiEnT This is especiar tytrue on steep ground and along drainage_ways. The key points to remember whenpreserving clumps of natural vegetation: l. Keep dquipment out of natural areas. U.S. DEpARTMENT oF aGRtcuLTURE, SotL CoNSERVATtoN SERVTcE Clumps or Blocks 7-L-14cr,O_232 REV.5,/70 lf not possible to route the trench around plants to be saved, then the fol lowing rules should be observed: --Cut as few roots as possible. When you have to cut--cut clean. Paint cut root ends with a wood dressing I ike asphalt-base paint. --Backfill the trench as soon as possible. --Tunnel beneath root systems. Drawings at left show trenching that would probably ki l I the tree. --Drawings at ri ght show how tunnel ing under the tree wi I I preserve many of the important feeder roots. Mi scel I aneous Problems Tipover. The tipover hazard of Pacific silver fir (Abies amabilis) is high while that offi-stern hemlock (Tsuga heterophylla) is moderate. The danger of tipover increases where dense stands have been thinned. Other species (unless they are on shallow, wet soils under 20 inches deep) have a low tipover hazard. Water-seeking Roots, The cottonwoods, maples, and wi I lows have water-seeking roots. These can cause trouble in sewer lines and filter fields. Thinning. Thinning operations in pure or mixed stands of grand fir, Pacific silver fir, noUte-Fir, Sitka spruce, western redcedar, western hemlock, Pacific dogwood, and red alder can cause serious disease problems. Disease can become established through damaged limbs, trunks, roots (often this damage is not visible), and freshly-cut stumps. Diseased and weakened trees are also quite susceptible to insect attack. =k W hemlock, western redcedar, and Douglas-fir do not Special care should be taken to protect these References protecting shade trees during home construction. Home and Garden Bul letin 104. Agricultural Research Service, USDA, I965. Sunset Western Garden Book. Lane Magazine and Book Co., Menlo Park, California,1967. Anderson, R. F. Forest and shade tree entomology. John VJiley and Sons, ^1ng., New York, New York, I960. Silvics of forest trees of the United States. U. S. Forest Service, USDA Handbook 271,1965. S. Department of Agriculture, Soil Conservation Service. Providing assistance private landowners for the conservation of thei r natural resources. NOTE: Maple, dogwood, red alder' western readily adjust to changes in environment. t rees. U. to May l97O !,.S.DEPARTMEt{T OF AGRlCrr., uRE SO I L COI{SERVAT IOI{ SERV ICE STEPS IN TRtrE PLANTING !npock trees immediotely ond cover roots in o trenchDig trench in shody ploci. Keep roots wet. pock soitfrrmly, 2 wh.n reody to plont, corry trees in poil with woter Hove holes deep enough ondlorge enough lo occomodote rools without crowding. 4 Wilh.tree in ploce slighflydeeper thon it stood in nursery ondwithroots spreod out, portiolly f ill hole ond pock f irmly oround lowerrools. Shove in bolonce of soil-pocking firmty. fi!-too4/ Mulch with dry soil of ter woter hos sooked in. Errors in Plonting FEBRUARY 1953 6 wot". tt .^wlg! '" ZEios 4-t-1.2,358 m rr.t' ronri[r.i-iffi.itii . -TRBACE IITATER DI ]OSAI IlT DEYETOPMENT AREA Systern is available from Lhe uncontrolleci surface water nrnoff from development areas can cause costly erosion, sedi-mentation' and temporary flooding p""il"r.. These prourums-"an be_rninimized by providingadequate channels to carry surface-water to safe dispos;i-;";"". some of the most common con-;:il;:'"" practices used lo control surface water n:noff in development areas are described Diversions DiversionP are channels which para11e1 thesIope. cin b f or 2 percent graae, They serweto i-ntercept nrnoff and carry it to a" safedisposal area. They are useful for divertingsurface water away from buildings, parkingareas and play areas. Diversions "i"o ."r,be used lo protect flat areas tro* u*""""i,ruponding or lo mininrize erosion until a downslope area is estabfished in vegetatlon. Waterways are channe1s for carrying surfacewater to safe disposal areas. fr,"i "r"-0"natural or constructed channel. .fl"p"J"o"graded and established in vegetatioir. it.,uyare useful for carrylng water through oraround developing areas. Debris Easins Debris basins are bariers or dams constructedacross a gully or natural water course totrap sediment. They are useful in develop_ment areas to prevent sedlment from leavingthe site during the construction period. Grade Stabilization ELrrrcture Grade stabilization structures are used toprevent erosion in natural or constructeclchannels. They are used where o"ru ou"t. o,vegetalion alone cannot safely hanale iherungff. velocity. These struci.,r"u u"" .1=oused where permanent conlrol of n:noff is 19-0$reA in development areas. S.,r..rrfor-rrerent types of etructures may be useddepending upon actual site condiii";"-;;;specific needs. Waterwavs ov N oov N i 3 d o'z o D Technical assistance in planning your Surface Water Di-sposalSoi-I Conservat.ion Service. U. S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7-L- I 4000-240 SUNTACE WATER DISPOSAI, PIAN Name: Address: Acres: Date By: IEGEND Property Line Iand Use Bor.lndary Road Stream Diversion Waterway Debris Basin Grade Stab. Structure -0- € fl EE Approx. Scale PI"ANNED CONSERVAT]ON PRACTTCES Practice vBcBr,luruc DEVEI,OpMEr. f AREAS 2. m N o N ; 3 Remember that urban areas are c.iticar and usualcharacteristics for plant growth because of soiland other conditions Preparatjon of Seedbed a.) Topsoit should be stripped Af ter grad i ng opera t.ion ' i sover the area. and stockpiled before qrad.inq operation. completed the topsoil can the"n be distributed 'ly have unfavorabl ematerial, s1ope, or diversions. entire area to be seeded. Ferti- and work fertil izer into soil b.) Grading -- where practical, grade to permit the use of regular farmequipment for seedbed preparitjon, seeding, mu1cf., ippflcaiion,anchoring mu1ch, and majntenance c. ) Djvert surface water away by furrows d.) Apply fertilizer uniformly over the I jze using soil test recommendationstoa3or4inchdepth. e. ) Prepare firm seedbed, mjxing fertil izer with surface soi l. U. S. OEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE 7-L- r 4000-243 3.Seed'i ng a) Apply seed used, seed uniformly over the fieshly prepared seedbed and press into soil with a cultipacker or similar tool. If hydroseeder mix seed and fertilizer into slurry and apply' 1S 4. Spec i es ('l ) ),1^, ,,'reLttr L' -r :[)1'',',' (2) 6,-on* ,'*u-, (s) t*./-, [.t &1,. , i'^ ,. MuJ chi ng a) Mulch uniformlY all seeded new straw or grass haY at b) Hold mulch in place by (l) running a xweightedl gitg^lurrow with notcheO Ui'aats' set stiaight to anchor the material; (2) on slopes too steep io aisc, ho'ld mulch in place with mulch netting, jute.. nett.ing br fibergiass matt'ingi (3) or by treating mulch with suit- ab1 e asPhal tic material . 5. Sodding Dates Rate Per Acre areas irnmediately after seeding with the rate of tons Per acre. ' 6. use sod in some areas in place of nettjngs or mattings. Hold.'in place by iyirg sod down. -niio use sod where water concentrates or seeding'is "impossi b1 e. plant trees and shrubs that will beautify as well as stabilize critical areas. 7. Maintenance a) Fertjlize as needed with a fertilizer containing the required-rutf,ients. b) Repair damaged areas by filf ing and sodding or c) Mow periodically to control weeds and produce a height of 2 to 4 inches- Spray'ing of weeds Spaci ng Number Between Rows reseedi ng. a denser sod. Cu{ at may be necessary. In Rows S pec'i es a) b) c) [It.:e/b c.rad fi tet. GARFIELD trtrUNTY DIREtrTOR trF PL.ANNING AND ZONING BLENWtrOD SPRINBSi, COLORAOO BI6ctI ZOI4 BIIKE AVENUE February 1, 1973 East Girard 509 ver, Colorado 80231 Dear Dick: *',rL, ffi$Sln l€fercnce to your letter dated January 24, 1974, it would #,1 be the opinion of myself and the County Attorney that noEr changes can be made to the Pre'liminary PIat Review by the Garfield County Planning Cormission. So if you should feel that these changes are necessary as requested, we feel you must appear before the Planning Conmis- sion at their next regularly scheduled rpetlng and explain the reasoning for this. Sincercly, County Attorney Planning Cormission t7 PHONE 945:8212 'll -,1 ,,.Wi .i- .irltr";:,-t:] :. .r liI..., .iu,1 tli. rtl, r'{ ,:' 7 rl 7; -di Li _, ll :l,1 ':.. I cc: ir ,,1tl ,{'t )':: :ll I 1 l, {' lii, 1l'.r ttl'i 'i tiiui I ,. 1,,,; I '.,1 . ,', ,, 'i.,'i::,Sffi[,;r**, ffi s Associates'Richard J. Thomas (:t* (.u- /I ru\ +- DECLAMTION OF PROTECTIVE COVENANTS FOR RIVERBEND GARFIEI,D COUNTY, COI,ORADO ARTICLE ONE Property SubJect to this Declaratlon of Protective Covenants Hamllton R. Duncan, Jr. ("Declarant") 1s the owner of all of that propertywlchln the subdlvlslon named Rlverbend ln G;rrfjerld County, Colorado. The realproperty which ls, and sha1l be conveyed, transformed, occupied, and sold subJectto the condltlons, covenants, restrictions, reservatlons and easements as setforth within the various clauses and covenants of thls declaratlon is locatedin the County of Garfield, State of Colorado, ancl is to include that porElon ofsald property encompasslng Flltngs I througir IV more partlcularly descrlbed asfollows: A parcel of land being Phases 1, 2,3, and 4 of Ri-verbend Subdivisionsituated ln rhe sEk or Sectlon 34 and in rhe w!:swt of secrion 35, .rown_ ship 5 South, Range 90 West of the Sixth Principal Mericlian, also in Lot 4of Sectlon 5 and in LoEs I, 2, and in the StNnk'or secti;;;, Township 6south, Range 90 Lrest of rhe Sixth Principal }leridian, county of Garfield,state of colorado, said parcer of land is crescr:ibecl as follows: Beginnlng at a point whence the southeast corner of sald Section 34 bears:N.72037',25" 8. 3692.20 feet; thence N.45"45'00" E. 140.00 r".t; thenceN.58"r0'00" E. 777.00 feet; rhence N.64.00'00" E. 162.00 feer; thence N.49"00f00" E. 117.00 feet; thence N.53"20'00', E. 93.00 feeE; rhence N.61o45,00,,E' 189'00 feet; thence N.75'37'00" E. 85.0() feet; thence N.84"30,00,,E. 110.00feet; thence s.87'12'00" E. r00.00 feet; thence N.76.45'00" E.40.oo feeE;tlrence N.52'37'00" E.45.00 feet; thence N.37"4g'00" E.205.00 feet; thenceN.49005'00" E. 195.00 feet; thence N.82"15'00" E. 40.00 feet; thence N.36"36'00" E. 55.00 feet; thence N.5g"18'00', E. 185.00 feetl thence N.64o40r00,,E. 1I5.00 feet; thence N.72"45r00" E. 65.00 fc,er; rhence N.84"05'00,,E. 105.00feet; thence N.74"00'00" E. 160.00 feet; thence s.68"33'00',8. g5.00 feet;thence s-28"30t00" E. 290.00 feet; rhence N.33"00r00" E. 70.00 feer; thence146'57 feet along the arc of a curve to the left, having a radlus of 3g3.17feet, the chord of which bears: N.43o57'30" E. J45.6g rJet; thence N.11"05'00,,E' 70'00 feet; thencc 255.51 feet along the ar:c of a curve to the left, havlnga radius of 297.25 feet, the chord of which bears: N.13o32'30" W. 247.72feet; ttrence N-38"10'00" w. 273.oo feetl thencc 29o.56 feer along the arc ofa curve to the rlght, having a radius of.243.6,1 feet, the chord of whlch bears:N.04"00r00" w. 273-65 feet; thence N.30"10'00" E. 100.00 feet; thence N.47"06'00" w. 60.00 feet; thence N.27"00'00" I./. 435.00 feet; rhence N.0go20'00',w. 44o.93 feet; thence s.81"28r00" 1,I. 560.gz feer; thence N.33"50,00,,w.365.00 feer; thence N.53"10'00" E. 330.00 feer; rhence 232,L7 feer alongthe arc of a curve to the 1efE, having a raclius of 416g.53 feet, the chordof r,rhlch bears: N.51"3/+'16" E. 232.r4 f eet; trrence N.1+9o58,32,, E. 364.47feet; thence s.46"00'00" E. 208.92 feet; thence s.10"31,00,,E.95.00 feet;thence s.31"46'43" !tr. 340.63 feet; thence 140.09 feet along the arc of acurve to the left, having a radlus of 445.92 feet, the clord of whlch bears:s.66"05'00" E- 139.51 reet; thence s.75"05'00,,I]. r50.00 feer; rhence 176.g3feet along the arc of a curve to, the left, having a raditrs of. 2L1.30 feet, thechord of which bears: N.81o35'30" E. t72.oB f€:er; thence N.5g"16'00" E. 17g.00feet; thence N.53"15'00" E. 22o.oo feet; thence 340.93 feer along the arcof a curve Eo the..rlght, havlng a radius of 2L7.61 feet, the chord of whlchbears: N.63'32r04" E.307.12 feet; rhence s.71"35'00" E. rgo.00 feet; thence20L'52 feet along the arc of a crrrve to the right, having a radius of t474.OLfeet, the chord of which bears: s.67o40r00" Ii. 201.37 feet; thence s.63.45,00" E' 121.83 feet; thence tg4,lg feet along the arc of a curve to the rlght, having a radius of 226.(r8 feet, the chord o[ rvhich bears: S.39o12,30,, E. lgg.31feet; thence s.14'40'00" E. 18.g2 feet; the:nce 127.39 feet al0ng the arcof a curvu r" :l:,.lett, having a radius of 191.24 feet, the chord, of whichbears: s'33'45'00" E.125.05 ieetl rtrence s.52"50'00', E. zro.oo feet; thence2'08'77 f eet along the arc of a clrrve to Ehe l cf t, havinl; a rarl ius of B2g.7zfcet, the chord ,f wlrictr bears: S.60o02r30', ti. ZOg.22 fee,t.; thence S.67.15,00,,E. 137.00 feet; t-trence 194.52 fcet along tlrr.,arc of a curvo to the left, havlnga radius of 377'81 feeE, the chord of which hears: s.82o00r00,,E. 192.3g feet.thencc s.r3"00'00" E. B0-48 feet; t.enc:e s.B3"l5'00,, Ii. 8.76 feet: thence z3si.7tfeet along the arc of a curve to tlre ri1;ht, Ir;rvirrg il r:tclitts of 457.gI feet, thectrord of which bears: N.82"00'00" Iy'. 2l::.ri reet; thencc N.67"15'00,,w. 137.00feet; rhence 228'go fctrt along the arc of , c(rrve Eo the rigtrt, having a radiusof 909.72 feet, the chord of r.rhich bears;: N.60"()2,30,, I{. Z"2A.n feet; thenceN'52"50',00" hl' 210.00 feet; thence 180.68 fc.r along the arc of a crrrve to t5er:ight, having a r;rclitrs of 271-24 f.eet, tlre <:lrord r>f wtri<:h bears: N.33o45'00,,I,/. 177.36 feet; thcnce N.14"40'00" lnl. lg.g2 i,,"r; r_herree 125.66 fcet along thearc of a curve to-.the 1efr, havlng a raclius c>f l4(t.6g feet, the chord of whichbears: N. 39"12'30" I,I. 12r. g5 f eet; trre.r:. N. (r3"45,'00" i,/. rir. s: feet; thence96'51 feeE along the arc of a curve to the 1eft, having a rarlius of 1394.01 feet,the chord of r'rhich bears: N.65o44'00" I,l. 96.Lg feeL; thence s.78o45,00,, Irr. 290.00feet; thence s'05"00'00" E. 80.00 feet; thence s.2g"-55,00,, IJ. r9l.50 feet; thences.18"35r00" tr'/. 45.00 feeE; thence s.04;45,00,, Irr. 25.00 feet; thence s.00o45,00,,E' 30'00 feeE; thence s.52"50'00" r,r. 58.00 feer; rhence s.2g"45,00,, [I. 65.00feet; thence s.16"05'00" E. 45.00 feet; rh€lnce s.43"0g,00,, E. 40.00 feer-1 thences'11"24'00" w. 15-00 feet; thence s.32"08,00,, I,{. 35.00 feet; thence s.26010f00,,I{' 52'00 feet; thence s.02"1r5'00" [. 130.00 r.er; t]rence s.09"35,00,, w. 135.00feet; thence s.13"10'00" w. g5.00 feet; thence s.25"10,00,,r{. g3.00 feet;thence s'19"30'00" I^I. 64.00 feet; thence s.42"10,00,, 1.I. 40.00 feet; thence s.34"10'00" Ii. 60.00 feet; thence s.27"07,00,, I{. 35.00 fcet; rhence s.55"45,00" [.I.35.00 feet; thence s.77"10'0n" w. I50.00 fc.t; thence N./r7,06,00,, [,r. 100.00fect; thence s-30'10'00" w. g0.00 feet; tlr.nce s.4304g'58,, u. 767.83 feer, moreor lerss; thence S.13"1+0'00" W. 5g5.00 feet; the,ce I.1.g7"57,00,, I^1. I90.OO feet;thence I'r.44'04'00" Lr. 90.00 feet; thencc s.33.00,00,, I,/. 2r5.00 feet; thences.57000'00" E. 60.00 feet; thernce s.05"rJo,58,, [. 174.20 feet; rhence s.38"40'00" IJ- 13-5.00 fcer; rhence N.2J"35'00" r/. lilr.),5 i,ceri thcnecr s.33"00,00,, tr{.20'00 feet; thence 1r9.08 feet along the arc of a curve to the right, having ar:ldius of 608.58 fcet, the chord of rvlrich br.:rrs: S.3i>o1g,.]7,, I.l . 49.07 feet;rlrence s'23'35'00" E. 17B.97 f.et; tht-nct, s.3g"/r0,00,, Ii. i40.00 feer; t6ences.64"26'00" [.I. 140.00 fc:et; thence N.21+o.]o'00,, Iv. 171+.35 fcet; thenee s.63"55,00" lI' 60.00 feet; tlrence s.20'04'00" Ii. 174.61 feetf rhence s.64"26,00,, [.I.868'57 feet; thernce s.71"51'00" trI. 400.00 r.,,r; ttrence I,1.29"56,00,,1{. lB0.o0fcet; thence s.72030'00" lr,. 370.00 fCet; tlrc.nccr 133.66 fc,ert a10ng the arc ofir curve to the right, havlng a radirrs of t044.31 feet, the chcird of which bear.s:s.76"10'00" I{. 133.57 f eet; thence s.79"50'00'i I^t. 60.00 feer; rhence 4L6.45feet along the arc of a ctrrve to the rigtit, having a radirrs of t42.g5 feet,tlre chord of rvhich br:ars: N.16"42'30" w. 2}tt.o4 fc'ct; thernce N.l2"oO'00" E.182.00 feet, rnore or le.ss to t.he point of bc,ginning. The above descri.bed parcel of land contains 83.91. a(trcs, more or 1ess. n -L- ARTICLE TWO General Purposes and Definitions A. The real property described in Article One hereof is subject to the conditions, covenants, restrictions, reservations, and easements hereby declared to ensure the best use and the most appropriate development and improvement of each building site thereof; to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property, to preserve, so far as practical, t.he natural beauty of such property; to prevent the construction of improper or unsuitable improvementsi to encourage and secure the erection of attractive dwellings thereon; and in general to create and keep the subdivision, insofar as possible, desirable, attractive, beneficial, and suitable in architectural design, materials and appearancei to guard against fires and unnecessary interference with the natural beauty of the subdivision and to provide adequately for the improvement of said property; all for the mutual benefit and protection of the oh/ners of lots in the subdivision. B. As used herein the following words and terms shaIl have the following meanings: "Subdivision" shall mean the land described in Article One. Declarant may, pursuant to the following provisions of this declaration, amend Article One to include afl or any part of the adjoining land- owned by it at the time of the amendment. "Lot" sha}l mean each lot reflected on the recorded plat of the subdivision. "Single Family Residence" shall mean a single family residential building together with not more than one (1) out building. "Out building" shall mean an enclosed covered building to be used as a garage or for other storage purposes not directly attached to the main structure which it serves. "Riverbend Property Ovmers Association" shall mean that certain property or^7ners association which is a non-profit corporation of which any owner of property within the subdivision shall become a member immediately and automatically upon becoming an owner within the subdivision (hereinafter such association may sometimes be referred to as the "Association"). "Architectural Control Committee" shall mean that certain committee estab- lished by the Association to initially review and approve construction plans and plans for improvement of the lots within the subdivision- ARTICLE THREE Covenants and Conditions A. Land Use and Building Type. No building site sha1l be used except for residential purposes, and each site shall be limited to one single family residence or the appropriate number of living units as determined by the plat. No building shall be erected, altered, placed or permitted to remain on any site other than for residential or recreation- al purposes, for a private garage, barn, and other out buildings incidental to residential use of the premises. No trailer, motor or mobile home, basement, tent, shack, garage, or other out building erected on a building site covered by these covenants shal} at any time be used for private habitation, temporarily or permanently, except for a period not to exceed two (2) months, unless approved in writing by the Association. No lot shall be used for any commercial or business purposes whatsoever. The foregoing covenants shal1 not apply to Declarant or its agent, real estate sales officer conveni-ence store, and the activities conducted ln connection with the develoPment, farming, ranching, or the providlng of servicesto the development or publlc. -3- B.Approval of Construction Plans. No building or other structure shall be constructed, erected, or maintained on any lot, nor shal1 any addition thereto or changre or alteration therein be made unless it complies with the Garfield County, Colorado zoning ordinances in existence with respect to the property and until the complete plans and specifi- cations (incl-uding, but not limited to, the floor, elevations, plot, grading, and landscaping plans); provisions for off-street parking, the specifications of principal exterior materials, color schemes and the location, character, and method of utilization of all utilities have been submitted to the Architectural Control Committee of the Association and approved in writing by the Association. A Certificate of Approval signed by the president or vice-president of the Associa- tion shall be sufficient to show compliance with this Article. Each building or other structure shall be constructed, erected, and maintained in strict accordance with the approved pJ-ans and specifications. In passing upon all such plans and specifications, the Association shalI take into consideration (a) the suitability of the proposed building or other structure and the materials of which it is to be erected; (b) the hannony thereof with the surroundings; and (c) the effect of the building or other structure, as planned, on the view from adjacent or neighboring lots. The Association shaIl use reasonabLe judgment in passing upon al1 such plans and specifications, but shall not be liab1e to any person for its actions in connection with submitted plans and specifications unless it be shown that it acted with malice or wrongful intent. The Association shall act upon the plans and specifications submitted to it within thirty (30) days after such submittal. If no action is taken by the Association within such 30-day period, the plans and specifications shall be deemed approved. If within such 30-day period the Association rejects such plans or requests changes therej-n and the plans are resubmitted, the Association shall again have thirty (30) days upon which to act upon such plans and specifications. C. Minimum Floor Area and Building tteights. No main residential structure shall be permitted on any building site covered by these covenants, the habitable floor area of which, exclusive of basements, porches, and garages, is less than 1,000 square feet.. The maximum height of any building shall be in compiiance with the Garfield County zoning ordinances. D. Set Back Requirements. There shall be no general rule for the location of improvements with relation to property lines, buL the location of such improvements shal-I receive the advance approval of the Association in paragraph B above required and all such sites shall conform to the Jefferson County zoning regulations then in effect. E. Fences. No fence, wal1, or simj-Iar type barrier of any kind shall be constructed, erected, or maintained on any lot for any purpose whatsoever except such fences, walls, or barriers as may be approved by the Associati-on. F. Signs No signs of any kind shall be displayed to the public view on any part of the property, except one sign of not more than two (2) square feet designating the owner of any building site, one sign of not more than five (5) square feet advertising the property for sale or rent, except temporary signs used by Declarant or its agent, to advertise property or services in Riverbend. G. Easements Easements and right.s-of-way as described on the recorded plat of Riverbend have been reserved for poIes, wires, pipes, and conduits for electricityr gdsr telephones, sewer, drainage water, snow removal- and other utility and road pur- poses together with the right of ingress and egress for further construction, maintenance and repair thereof as shown on the recorded plat of the subdivision. Equestrian and pedestrian trail-s also are designated on the plat of the subdivision. Road rights-of-way and easements shown on the plat contain utility easements, and easements for other purposes. No dwe11ing, improvement, material, equipment, or refuse shall be placed on any part of said property within the area of easements reserved so as to interfere with the use thereof as reserved. -4- H.Garbage and Refuse Disposal. No part of the property above or below ground shall be used or mainEained as a dump- ing ground for refuse, trash, garbage, debris, or other waste; at all times Ehe property shal1 be maintained in a sanitary condition. Reasonable precaution shal1 be taken against flre hazards and no outdoor burnlng of any klnd shall be permltted u,,on the premises (ex- cept for cooking). Each property ouner shall provide suitable receptacles for the temporary sLorage and collectlon of refuse and all suclt receptacles shall be screened from publlc view and protected from disturbance. These restrictions also apply to contractors doing construction. No motor vehicle of any type shall be permitted to remain on the property in a non-operating condition for more than thirty (30) days in any calendar year. Any such vehicle which does not display current and valid license plates and safety inspection sticker as required by state law shall be deemed to be in a "non-oper:ating condltiont'. I. Trees. Living trees, existing upon a lot be cut, trimmed, or J. Livestock the trunk of which is four (4) inches or more in dlameter, naturally , except to the extent necessary for construction purposes, shall not removed from the properties except as may be approved by the Assoclation and PoulEry. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any port.lon of the property for any commercial purpose. Household pets kept for recreatlonal purposes must be kept within the dwelling or a kennel or cage unless accompanled by and under the control of the owner. The Association shall have the power to impound any house- hold pet allowed to run free and uncontrolled within the strbdivlsion. A flrst offense shal1 be punlshable by a fine of $25. A second offense shall be punishable by a fine of $100. In the case of a third offense by the same resident, the Association shall requlre the removal from the subdivision of all domestic pets owned by the resident. K. Landscaping. Irrigated lawn sizes for all classlfications feet. The balance of the lot should be seeded in such as Crested Wheat. Indigenous trees, bushes, Gardens not exceeding 500 square feet may also be of lots shal1 be limlted to 2500 square native grasses not requiring irrigation and shrubs can be planted and watered. watered. L. Continuity of Constructi-on. A11 structures commenced in this subdivision shall be prosecuted dillgently to com- pletion and shall be completed \^rithin twelve (12) months of issuance of bullding permit unless approved in writing by the Associatlon. M.Nuisance and Fire Arms. No noxious or offensj.ve activity shal1 be carried on within Lhe subdivision nor shall anything be done or permitted which will constitute a public nulsance thereln; nor sha1l any fire arms be discharged within the subdivlsion. Fire arms as rrsed hereln shall be construed to mean not only rifles and pistols and cannons, but fireworks, explosives, air rifles, BB guns, or similar devices. N. Parking. Parking shall be accommodated on site wlth no parking allowed on public sEreets. Eachslte sha11 provide at least a one-car garage, or equlvalent covered parking area, and the minj-mum of two additional parking unlts should be accommodated in the driveway design. O. 0utside Antenna Neither external television nor radio antennas shall be a11owed, except such antennas as rnight be erected by the Declarant for use by the community. P. Interference with Ranch Operation Because of the physical danger, as well as a potential dol1ar loss, it 1s essentlal that residents do not interfere with ranching activities or trespass on ranch property. Non-interference with ranching activities will be strictly enforced. Any represenEative of the Board of the Assocj-ation or the ranch operator slia1l have the right to conract the Garfield County Sheriffrs Department regarding trespassing on prlvate 1and. Any resident. causing damage to crops, livestock, ranch buildlngs or equipment sha1l be assessed a pen- alty by the Board of the Association sufficient to cover rhe dollar value of said damage. r-J- a.Non-Applicab i1ity. The foregolng covenants shall not apply to Declarant or 1ts agents, employees, realestate sales offices and activities conducted in connection with the develop*"rt, the con-struction of subdivision facilities, and the providing of services to the development.The foregoing Covenents shalt not apply t.o the Convenience Store site according to theRiverbend Plat, whlch site is set aslde for commercial purposes. No business shall beconducted on such loE that results in noxious odors, nolse or loud muslc, or ln bolsterousand unseemly behavi"or. ARTICLE FOUR Riverbend Property Owners Association A. Membershlp. For the PurPose of maintaining roads, traffic control, general plantlng wlthln road-way areas, and all common servi-ces of every klnd and nature required or deslred withln thesubdivislon for the general use and benefit of all lot owrrers, each and every lot owner,in accepting a deed or contract for any lot in the subdivislon, agrees to and shall be a mem-ber of and be subject to the obllgations and duly enacted by-1aws and rules of the River-bend Property owners Association, a non-profit corporation. B. Assessments. Payment of dues and assessments to the Association sha11 be in such amounts and atsuch times as may be determined by the Association Board of DirecEors. C. Lien for Assessments If any lot ovrner shall fail or refuse to make any such payment of dues and assessmentwhen due, the amount thereof shall constitute a lien on the 1ot as set forth in the deedof conveyance to the ovmer, and upon the recording of notice thereof by the Assoclation inthe offlce of the Recorder of Deeds of the County in which the property is situated, suchlien sha1l be constituted upon such ownerts interest prior to all other liens and encumbrances,recorded or unrecorded, except only (a) taxes, speclal assessments and speclal taxes there-tofore or thereafter levled by any political subdivision or municipal corporati.on of thisstate and other sEate or federal taxes which by law are a lien on the lnterest. of' such1ot ovrner prior to pre-existing recorded encumbrances thereon, and (b) all sums unpald on afirst mortgage or first deed of trust of record, including all unpaid obllgatory sums asmay be provlded by such encumbrance. The Association sha1l send a notlce, postage prepaid, to any such encumbrancer whoseencumbrance was recorded prior to the time of recording the notice of lien provided for inthis section, at the address shown i-n the recorded encumbrance; provided that if such en-cumbrancer has furnished the Association with another address, then such other address shallbe used, and said Associatj-on sha11 not foreclose its sald lien until at least thirty (30)days after the date of depositing such notice in the United States malls, postage prepald,to the address of such encumbrancer. Any encumbrancer holding spect to such lot, and, if so to the unpald balance secured and lien righEs as the unpaid a lien on a 1ot may pay any provided ln an encumbrance, by hls l1en, and such added balance to which added. common expenses payable with re- may add the amount of such payment amount shall have the same prlorlty The lien provided for in this section shall be in favor r:f the Association and shallbe for the benefit of all other lot owners, and may be foreclosed by an acti-on brought inthe name of the Assoclatlon in a like manner as a mortgagee of subdivided real property.In any such foreclosure the or^mer shall be required to pay the costs and expenses of suchproceedings, the costs and expenses for fi1Ing the notice or claim of lien, and all reason-able attorney fees. The owrlers shall also be required to pay the Assoclation all assessmentsfor the 1ot during the period of foreclosure, and the Association shal1 be entitled to aRecej-ver to collect the same. The Association actlng on behalf of the loE owners, shal1have the power to bid ln the interesE so foreclosed at foreclosure sale and to acquire andhold, lease, mortgage and convey the same; and to subrogate so much of its rlghts to suchlien as may be necessary or expedlent to an insurance company which will continue to glvetotal coverage in spite of nonpayment of such defaultlng orrrlrrs portion of the premlum. The Associatlon and 1ts officers and dlrectors shall- not be llable or accountablein damages for any action taken pursuant to the provisions of this Declarati.on. -6- D.Certificate of Assessments Upon payment of a reasonable fee not to exceed TVenty-Five dollars and upon the written request of any owner, mortgagee, prospective grantee or prospective mortgagee, of a Iot, the Association -- by its financial officer -- shall issue a wri-tten Certificate setting forth the amount of unpai<l common expenses, if any, with respect to the subject 1ot; the amounL of t-he current assessment and the date upon which such assessment becomes due; and credit for advanced payments or for prepaid items (including, but not limited to, insurance premiums). Such certificate shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request for a Certificate of Assessments be compiled within ten (10) days of the receipt of the request, then (a) in the case of a request by a mortgagee or prospective mortgagee, all unpaid common expenses which become due prior to the date of making such request shall be subordinate to the l-ien of said mortgagee or prospective mortgagee, or (b) in the case of a request by a prospective grantee, he shall not be ]iable for, nor shall the lot conveyed be subject to a fien for, doy unpaid assessments or conmon expenses which became due prior to the date of making such request. No failure to comply with such request, if made by the owner, shall- relieve him from personal liability for, or the subject lot from the lien for, doy unpaid assessments or conmon expenses. The provisions contained in this paragraph shall not apply upon the initial transfer of the lot by Declarant. ARTICLE FIVE Violation, Enforcement, Term, and Severa.bility of Covenants A. A Violation of Covenants. Whenever there shall have been built on any lot, a structure which is in violation of these covenants or restrictions herein contained, such persons as are authorized by the Board of the Association shall have the right to enter upon the property as to which such violation exists, and to summarily abate and remove at the expense of the owners thereof, dfly erection, thing, or condition that may exist thereon contrary to the intent and meaning of the provisions thereof; and the Association, its agents an<i assigns shalI not thereby be deemed guj-lty of any manner of trespass for such entry, abatement, or removal. The costs and expenses of such entry, abatement, and removaf shall become a lien upon the lot upon the recording by the Association of a sworn statemenL wi-th respect thereto in the Garfield County real property records. In addition, if any person shall violate or threaten to viol"ate any provisions of this instrument, it shall be lawful for any person or persons owning the real property in the subdivision or for the Association to institute proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive, together with reasonable attorney's fees, for such violations. B. Term of Covenants The covenants and restrictions and other provisions of this document sha1l run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any land subject to this document, their re- spective legal representatives, heirs, successors, and assigns until June 1 , L997 , after which time the same shall be automatically extended for successive periods of ten (f0) years. C. Amendment. This Declaration may be amended at any time by recording an instrument signed by the then owners of two-thirds (2/3) of the sites agreeing to amend said covenants and restrictions in whole or in part; provided, however, that for a period of five(5) years from the date hereof, no such amendment shall be effective without the written approval by Declarant appearing on said instrument of amendment. Declarant may amend Article One to j-nclude additional land within the property covered by these covenants so long as such land adjoins land then covered by these covenants, and is owned by Declarant at the time of the amendment. (For the purposes of this paragraph, land separated only by roads shall be deemed to "adjoin"). The Amendment -7- to include such land shall be effected by Declarant having recorded a declaration describing the land to be included, setting forth such additional limitations, restrictions, covenants and conditions as are applicable to such land; and declaring the land is to be held, sold, conveyecl, encumbered, leased, occupied and improved subject to the covenants. D. County Regulations. To the extent that the applicable county or other governmental regulations, rules, or codes and ordinances or laws are more restrictive in their atlowable land utilization than these covenants, they shall supercede these covenants and govern at aII times. E. Severability. Invalidation of any of these covenants or orders sha1l in no way affect any of the other in full force and effect. part thereof by Sudgments or court provisions hereof which shall remain ARTICLE SIX General Conditions The following general conditj-ons and stipulations are hereby imposed upon all sites: A. The Riverbend Property Oonerrs Association shall have the right to enforce any and all }imitations, restrictions, covenants, conditions, obligations, liens and charges now or hereafter imposed by the Riverbend covenants upon allproperty owners within Riverbend. B. The Board of Directors may, from time to time, promulgate rules and regulations relating to the properties, which rules and regulations shall bebinding upon the owners and occupants of all sites within the properties. C. A1I renters of units within the property shall be governed by and subject to the provisions of these covenants. The payment of assessments sha1l continueto be the responsibility of the owner of record. The number of occupants in anyunit may be limited by rules and regulations promulgated by the Board of Directors. D. Any act or omission which violates these Riverbend covenants is hereby declared to be and to constitute a nuisance and may be enjoined and abated whether or not relief sought is for negative or affirmative action by the Associationor through the Association by any owner or owners. E. Failure to enforce any provision of the covenants shall not constitute a waiver of the right to enforce. F. Any notice required to be sent to any owner under the provisions of this Declaratj-on shall be deemed to have been properly sent when mailed postpaid, to the last known address of the person who appears as member or owner on the records of the Association at the time of such mailing. Executed this day of , lgi7 Hamilton R. Duncan, Jr. Attest By STATE OF COLORADO City and County of Denver SS. day The The foregoing instrunent was of Riverbend Subdivision. acknowledged before me this , L976, by Hamilton R. Duncan, Jr., Ovrner My commission expires: -B-Notary Public of