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HomeMy WebLinkAbout1.0 Application<- , {r ."7r. {--r.\,;r tU l'r-J ,'_. BEFoRE rHE BoARD oF colINrY coMMISSIo}ifhPSfl5 GARFIELD COI-JI{TY, COLORADO i' ,* I ir. i-": o i 6 Lii:u rf Un4'Y 'r-,t.0 ffiX.tr{ry Pursrant to C.R.S' (1973) Section 30-28.101 (10) (a) - (d) as am€nded, Td.n.,'.lb,division"*,. Regulations .",qf Garfiel{Colorado.' ' adopted April 23, 1984' the respectfullY Petiti Hlili,l*i,l"i;,';;--;.1'pt bv Resorution the division or freels of9o**"'o.ffi:+-:',-*Hr"::#",,r,irilri""'_' ^== =r, =^., fr-" *rr rrr rJlT:iJic?ld t-at.- ffiss, from the definitions 11":-', Ao*naAin r R s (1973) Section 30-approxrnareu l defined in C.R.S. (1973) Section 30- o'rizuuavisio,@''asthetennsareusedan<l.L:^.^f^.+}.orAoonnQcfaferlhelow:!t,_il?ffi1'6i[,;ffi:H#ta &r.r,, *udivision Regurations ror the reasons stated below: aS amen0eq, iUIU'tlrs r)Llvurvruvr' - / d April 23, 1984, the i itions the Board of CountY i SUBMTTAL REQUIREMENT S : An application which satisfied the review criteria must be submitted with all the following information: A.Sketchmapataminimuinscaleofl":200'sho-*ir'gthelegaldescriptionofthe 'property,dimensionandareaofalllotsorseparateintereststobecreated'accessto a public right-of.way, -o *y proposed easements for drainage, irrigation, access or utilities; and B.Vicinitymapataminimumscaleofl*:2000,showingthegeneraltopographicand 1 geographic relation oran#opoJ "**ption to the su-rrounding area within two (2) miles, for which a copy olu.s.c.s. quadrangle map may be used, and C. Copy of the deed showing o*""''r,ipby the applicant, or a letter from the property owner(s) if other than the applicant; and . D. Names and addresr", oit*ners of record of land immediately adjoining and within 200 feet of the proposed J*.rniion, mineral owners and lessees of minerals owners ofrecordofthepropertytobeexempted,andtenantsofanystructureproposedfor conversion; and E. Evidence of the soil types and chailacteristics of each type; and F. proof of legal and adequate sourc€ of domestic water foi'each lot created' method of sewage disposal, -d l;;;f .pd;i;f fire protection plan from appropriate fire district; and G. If connection to a community or municipal watef or sewer system is proposed, a letter nornit't governing Uody stating a wiliingness to serve; and H.N;;*;xplainiig*(v"*t*ltionisbeingrequested;and -u- a It shall be dernonstrated that the parcel existed as described on January 1,1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January l, 1973. A $300.00 fee must be submitted with the application. O \v."\.{f7ir*r ( Petitioner \gl\ G. P"l p4{ Mailing Address l, \n.,. Caj,(e Clr City State QB.l- arsl Telephone Number E)GMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of zubdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption wiil not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the gene.il public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facrs of each application in light of the requirements of these Regulations, the Board may approve, conditionally "ppior" or dany an exemption. An application for exemption must satisfy, at aminimum, all of the i""i.* criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8.60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel'was described in the records of the Garfield County Clerk and Recorder's Office on January l, 1973. In order to qualify for exemption, the parcel as it existed on January l, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), prwenting joint use of the propot.d iracts, and the division occurs along the public right-of- *"y, su.h parcels therebycriated may, at the discretion of the Board, not be considered to have been created by exemption with iegard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise "ppti.uft.. For the purposes of definition, all tracts of land 35 acres or greater in size,.r..t.d after January i, tg73 will count as parcels of land created by exemPtion since January l, 1973. I -1 - C. B, D. All Garfield Counry zoning requirements will be met; and Alllotscreatedwillhave.l"gl".::::toapublicright-of.wayandany.necessaryaccess easements t'"ut u"tn outained or are ;if,t-"*t" oiuting obtained; and provision has been made for an adequate source. of w1I in terms of both the legal and physical qualtty, ;'*ti" and depen'JJiriry' ,,o " '*i"ir" type of ttyuqt disposal to serve each propoied tot' n':1,"^1" il;j'il,'' t'"';;approved substitute water supply plan contract; augmentation.ffi;;ni,11",.^{;.il,ffi;J,. t.edY adjudicated domestic wate*o*.. oia contra.'io' u pt**tn'rtgj"p," "t'.":tstic water to be haured from an ;ft; ,ite fo, u .irt.rr.-iroor or rt. p":rri.'"i J,rpply fro1 a well for the Hf;,T:::Ta.f lil*:'JJIIiJS'r.##*"iHf '"'tY'll.J"}":"#Ti"?l; sallons/minut.. 'prio, to the ,r*r"#i:" n*, tff nn 'it"f *"ti supplies using a well shall f,.*ontttute the following: l)Thatafour(4)trourpumptest.beperformedonthewellto^beused, Z) e'*.U completion'[plr, a"t"t"t"ffi "t'it'-a"pttt of the well' the characteristics of the uqtli*o'u"A t!::t:tit water level' 3) ii[-**r,, of the roui t+l hour pump ii" it'aituting the 'pumping rate rn ;d,ifi ;;r*::Tllf ilfl*:::nHglil},rjii1''iff tii,*.',4) i"ffi,f:"::'fi:l ;; ;;,iffi:,^,*j#i:; ;:$,".,$itllii,, .",,, 5) ailt"*ption of an aveiage or no les **i-$:i****l j***ffi#irn""'rn:H"*$il:i':? the system *a *ll'iu ;;'';'p"""#;;'-;;nng these costs and how ffi*,'J.,?H,[#k#i:il nru*:sting raboratory and mee'l Forwatersuppliesbasedontheuseofcistern,thetankshallbeaminimumof 1000 gallons' E,Methodofsewagedisposal,andaletterofapprovalofthefireprotectionplanfromtheP' aPP,oP'iate fire district; and . , F. All state and rocal environmental health and safety requirements have been met or are ln the Process of being met; and G.ProvisionhasbeenmadeforanyrequiredroadorstorTndrainageimprovements;and H. Fire protection has been approved by the appropriate fire district; and I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, ta:<es and special assessments have been paid' (The school impact fee is $ZOO'00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield county Planning Department. Two (2) copies of the application' maps and supplemental information shall be submitted' B The Planning Department shall review the exemption requett fol- completeness within eight (8) days of submittal. it in.ornplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed' If the application is complete, the applicani-rt uu u. notified in writing of the time and place of the Board of County Co-n,irriionlrs meeting at which the request shall be considered ln either case, notification shall occur within fiftien (15) days of submittal' c. Notice of the public meeting shall be mailed by certified mail, return receipt requested' to owners of record of land imm"diatety adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees olmineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion' The exemption site shall be poste.d clearly ,rrd .onrpi*ously visible fro.m a public right-of-way with notice signs providedbytheplanningo"prrt *t. All notices shall be mailed at least fifteen (15) and not more than thirry (30) days prior;;,h; meeting. The applicant shall be responsible for mailing thenoticesandshallpresentproofofmailingatthemeeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemptior, ,"qrrest. Thi reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution' An applicant J"ni.a exemption shall iollow the subdivision procedures in these regulations' ., 1- TO: REFER: DATE: FROM: MR- JOHNBARBEE FAX:945-7785 CHARLES TERELL'S PI.JBLIC NOTICE TO SI]B-DIVIDE JA}IUARY 15, 1999 LYNN& JACKRENARD 1173 CR 24I NEW CASTLE, CO. 81647 970-984-2481 MY HUSBAND AND I CAN NOT ATTEND T}IE TMARING SCIIEDULED FOR MONDAY JANUARY 18, 1999 AT 2:30. WE WISH TOMAKE COMMENT, NOT AGAINST THE SI.JB. DMSON BUT TO WONDER ABOUT Ttm INCREASING TP.r{ITFIC AND ROAD CONDITION OF COI.]NTY ROAD 24Il EAST ELK CREEK. WTII{ MORE HOMES AND MORE PROPERTY BEING SUB-DIVIDED, WE ARE CONCERNED THAT NO ONE IS TAKING THE RESPONSIBLE TO IMPROVE TIIE CONDITION OF TTM ROAD. WE HAVE SEEN MAT'IY NEAR MISSES WITI{ ON. COMING CARS AI{D PEOPLE WALKING. WE PURCHASED OUR PROPERTY FOUR YEARS AGO, AND WE ARE NOT AGINST GROWTH. INFACT, WE CAME FROM SUMMIT COUNTY WHICH IS NOW TRYING TO HANDLE THE SAME GROWTH IMPACT PROBLEMS. WE SEE THE DANGER OF TI{E BIG MOBILE HOMES, HORSE TRAILERS, AND FAST DRTVERS ON A ROAD NOW THAT IS IN DESPERATE NEED OF REPAIR AND WONDER WHO IS ULTIMATELY RESPONSIBLE ? EAST ELK CREEK IS ALREADY NARROWED BY TIIE DETERIORATION OF TIIE ASPHLAT ON TI{E EDGES WHICH FORCE CARS,TRUCKS,ETC. TODRIVE DOWN T}IE MIDDLE OF TIIE STREET. AS TIME PASSES A}ID MORE PROPERTY OWNERS DECIDE TO DIVIDE TT{EIR PROPERTY SHOULD T}IEYNOT BE RESPNSIBLE TO IMPROVE THE ROAD TOHANDLE T}IE ADDED TPJ\IIFIC ?? IT NEEDES TO BEADDRESSED NOIY. WE APPRECTATED TTIE OPPORTI,]MTY TO MAKE THIS COMMENT AND WOI.JLD REQI.]EST A RESPONSIBLE TO OUR CONERN. PLEASE SEE ADDRESS AND PHONE NUMBER ABOVE. A CONCERNED HOME OWNER AND ADIJLT DRI\iERS LYNN AND JACK RENARD WCINITY ru'P ERRELL PROPERTY ffi:r1 ,'/J^ \-'...'i;r1-r\" I,EGAL DL:SC'RIPTION lI1 Chac portion ot thc lVortheast Quartcr (NE 7/4) of ScccJon Thtrtccn (73), Tovnehip Five (5) South, Range Ninety'one (97) WesE of the Sjxtlt (6Ch) Principal M.'ridlan, Tytng and being Eaac of that cettain fence which cxcenda ln a generaf l{orth and South direcElon and rhjch fence jg sJtuated bcCrlgcn EaaC Blk Crcek anci che righ| of vay of the Councy Road, extending aTong Bttt Blk creck, aa gtld councy.Road jg nov sutveycd, Placted and bujlc. COUYTY OF GTNFTBID slt"a oP cor.oRADo - /c ? lr- II RICHAED L. IruI,SAN SKETCTT PLW TERRELL SABDTYTSTON DTENPTION sEcnoN 13, ?55, Rglf GARIL'IO COANTY, COLORADO PLpleA g t pl_o l_.1[ c 0 I _ S u rv e v o r L.S. tJ50/ 4/73 2t4 Rd. t. Silt Colorodo lL (t.t(t.) 876 ?e47 No.85 Doc . /11 Recorded at-..--.......,.,...o'c1ock............M. Beception No.... Turs Drro, Made this 2nd. year of our Lord one thousand nine hundred antl between day offorty-six L{ay in the 74s3$ il tl ti }dELVIN J. HEATHERLY County of Garf i e1d.and Stata of yf. J. of the Colorado, of the sccond part: TERRELL and ANNA C. TERRELL WTTNESSETH, That the said part Forty-five Hundred. - - -($4loo) -- DoLLARS, to t'be said part y of the first part in hand paid by the said parties of the eecond part, the receipt whereof ishereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do€Sgrant, bargain, aell, convey and confirm unto the said parties of the second part, not in tenancy in common but injoint tenancy, the survivor of them, their assigno and the heirs and essigas of such survivor forover, aII the follow-ing desclibed lot S or parcel S of land, situate, lying and being in the County ofuarl r el.d_and Stato of Colorado, to-wit: of the Colorado, of the firet part, and County of Garf leld. and Stste of y of the first part, for and in consideration of the sum of A11 that portion of the Northeast Quarter (}IrS1 of sec ,ig1r PiIt99", J:J\t T:*lpllp lii" (D)_-s-""ti,Inrrrgu Ninety-onetiOn T'irteen ! trgru.rorl or Ioe I\orTneast qUarter lJ\Utrl Of SeC- i e ii 11':;: i " ;i""iI ii "Ifl-t3tiy $iI i"j 3 ii'fi:lla,xfi l-f ,ll;"iv-;;; - _!ein_g East-of thnt certain fence which extends in l-generalldorth and south direction and which fence is sltuaf""betrr"-enEa.st E1k creek_ang !l_" 1lght of way of the Oounty Road,, "*---,tend.ing _along East Elk creekr &s said.Oounty Roa.d. is now sur-veyed, Dlatted. anci built. . There is herebv conveycd a right of wayr ssld right ofway being ?o feet in ivid.th and. extending in a ge""r"r Eastanc l,vest direction froin the Ia.nd.s, herefn conv;yed. to lY. J.Terrell and Anna C. Terre11, to East Elk Creefc in-Carfield Coun -coloradQr salcl ,ig.t ! of. rvay-bei3g situate aporoxiryr;t+it-iA ;;;;I.oItF of II,g. soltli line of- the N5rtheast Quari.r-(uut)"oi s;;;ir.ruILrr ur i;ne Dou.trn rlne ot tne Northeast Quar"Ler (NEt) of sectionlirhirteen. (tJ), ror.vnship pive (5)_-s-ilirr, *d;s;"Ni";;t-brrE- (;iy ""'ii1[est of the Sixth (6ti:) Princif,il llerid:.*?i. There 1s atso herebvilconv-eyed a.11 of gra_ntorsl rieht, title and lnterest. in a.nd.to the Pierson and Harris Di[ch'taking rryatei rrom-uast Elkcreek in ,[ater District No.- J9, saio- rlitch being-N;;-90-Aylt!.Priority. N9. ).56 A. Thai; is also conveyed a one-thlrd.\r/5) interest in and to the wa.ter right d.ecr-eod to piersonand Harris Ditch taktng water from ra6t Elk creek in'water Pi:trict^To.- 39, sald ditch being No. 90 A, with friority No.+)b +. Alsor &trv and all other ditch and water rights ulrong_ing to, used upon or in connection with the ranas-iuo.redescribed. Reservins.a two-tlrird (ztilin connection ,,ryith however, from the operationinterest in a]-l mineral andsaid 1ands. of this deed,mineral rights TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywiseappeltaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; an4all the estate, right, title, interest, claim and demand whatsoever of the said part V of the first part, either inlaw or equity, of, in and to the above bargained premisey, with the hereditaments and appurtenancea./\- -t6 Illllli lltli nxriii xnii rlrllll.llillllill"llt lllll lfl]l,, bzea;6tAi rz'ii:sse'iilEsp B1078 Peez r't RLSDoRF __ = ,-;;-i -_.=r:::j1"*:' "UNTY co 8p ecial illga rr-ant U lkud (lhtrrlcs .losrt;lIr l'cr-l'cll, (jnrrrlol', rvlrrr.sc atlclrr:.ss is lli I I ('rrrrnty [ioirri 2,11. Ncrvclrs(lr:.(lttrlili',' iii'(ilii'l'ii:iti. St;ilc o!'C-'olot';itlo lil6r17, lilr' (lrc corrsitlt'r'iitiou rrl' Icn I)ollur.s. in hlitid paitl, hcrchy sclls ancl convcrvs; lo Clurrlc.s J. 'Icrrcll,'i'r'rr.stcc. or hi.s,succrlss()r..s in trttst. tttrdcr thc CIlAltl-trs J. llil(ljl,l, t.OVlNC'fRUST, datcrl April 2, lg9l, anrl arry itnlcncltncni.s thcrct<t,_which has llrc lcgal addrcss of- i811 County R'oad 241, Ncrvcastlci, CtrrrrrLy trl Garl'icld, Statc <l('Colorarlo 8l(t4l, ull his right, titlc and intcrc.st in ancl te ilrclirllrtwing rcal pttpcrty in thc County ol'Ciu'l'iclcl, Statc <i[Colonrck), lo wit: All that porLion ollhr: Nortlrcasl Qrrartcr (NIi l/4) ol' Scction -t'hir'tcr:n (13), I'orvn.sltip Fivc (.5) Soutli, [i.;rngc Nincty-onc (91) Wc.st ol'rhc Sixrh ((rrh) Principlrl Mcriclian, lying antl hcirrg liu.sl oIthut ccrtain I'cncc whic'h cxtcntls itt a gcttcral Nrlrth aucl Sr>rrtlr rlilccti<ln and wlrich l'cnccr is siLuatocl hctr.vccrr Eilrst Itlk C-'r'cck, a.s .said Ci-rurrty Ii.oad is now survcyccl, plattcrl and huilt. Thorc is hcrchy cottvcycd a rigrht ol way, .said right ol- way bcing 20 l'cr:t in u'iclth lnd cxtcttcling in a scrrt:i'al lliusL and Wc^st dircctirin 1l'orl thc ianris Itct'citt trr)rtvc)'cd to W.J. 'l'r:r'rcll ancl Anna C. -l'cn'cll. to Ijast tllk Crcck in Garl'icld Cotrnl.y, Coloraclo, saicl riglrt o[ way hcing situatcd approxirnatcly3li rods North ol' thc South linc o[ thc Nortiica.st Quarrcr iNtl llq 6l scction'Ihirtccn (13), 'fown.ship I;ivc (5) South, Rangc Nincty-onc (9r) Wc.st ol thc Sixth (6th) PrinciPal lvlcridian. 'Ihcrc i.s also hcrcby convcycd all ol'grantor's right, titlc and intcrcst in and to thc Picr.solt and Farris Dilch lltkrng rvatcr lktrn Ea.st IllkCrc'ck in WatcrDistric:t No. 39, said ditch bcing No.90A with Pritx'it), No. l5(rA. Thcrc i.s also c<tnvcyccl a onc-thircl (l/3) itttcrcsl in and [o thc rvillr]r'right dccrccd to Picr'.son anrl liarris Ditch takirrg watcr ll'onr Iiast Illk Crr:ck rr Watcr District No. 39,.suicl tlitch hcirrt No. 90A. rvitlt Priorilr,Nr. !5fA. ,^rlr;r;, arli'and iiil othcrrlitch lrnd watcrriglr(s hr'.lorrging lo, uscd upon or in connccLirln with thc Iands abovc dc.scribcd; Suiticct to taxcs and lt.s.sc.s.snrcl',l.s lrlr 199(l aurl Jlrior ycar.s; r'cstrictions ancl rcscrval.iorr,s o['r'ccord, il'any; uny c]a.sL-.rncnl..s and right.s ttl'rvay c-xi.stirrg or' ol'r'ccrlrcl; AIso knourtt iry .slrcct aud nurttlrcr as: llill County Road 241, Nc'rvcas(lc, Colot'ado ?'1641 \\/ith all it^s appllrtcniillccs, attd u,rrlilrtts titlc [o Lhc samc against all pcr,son,s clirirning untkrr' GI'itttttll',.subjcct to: Taxcs artcl tsscsilrncrrts irlr this anrl srrhscqucnl yciu'si; clsr,nrcir{s urrrl rights ol'wuy, cxisting ol'r)l'r'cc;olrl; tir:lrl.s ol'lruy Ptu'tics noI slton,n hy prrhlic l.cr.onlsl rcscrvations, r'cstrictrons, c()\'('l):ltrls, rrrtl lctrsrrs ol'rrt:orcl. Signcd this 20 day ol-July, 199.3. lNo docurrrerilaryfee rcquired. Aclrtttl ton.tidcrotion[or I/ti.r cottvt:1'an('c ]i'(.r lc.s.t Ihtttt.f5tXl.1 & n .,- A--[*u *.LC' - - r,, C'hlrlc.s .los(lrli 'l'crrcll \ \,'i,.\. lii ( )i-'(_'(il oi{Ai)() CoUNTY otr BoL]I-DER 'l'hc lircgoing instrunrcnt Charlc.s Joscph -I'crrcll.was ackrrowlcilgcd hclirrc. lnL- orl thi.s 20 day ol-July, l99ti by ?e ) ./ ,'r' /a-L,(s--- / ,l'/ C /to, los J ^Tctrilfrit, e Fa zt t r1lu,<:0;[Q",b i)Lq'7 Ir TO HAVD AND TO HOLD the sald premises above bargained and described, witl the appurtenances,'unto the said parties of the second part, the survivor of them, their assigns, and the heirs and essigns of such survivor for' ever. Andthesaidpart y ofthefirstpart,for him setf h1 S heirs,exccutors,andadtniniatrators, do €S covenant, grant, bargain and agree to and with,the said parties of the second part, the survivor of thern, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, he iS well selzed of the premisee above conveyed, as of good, aure, perfect, absolute and inde- feasible estate of inheritance, in law, in fee simple, and ha g goocl right, fuli power ancl lawful authority to 8rant, bargain, sell and convey tho seme in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances oi whatever kind or nature, soever, and the above bargained premises in the quiet and peaceable possession of the sald parties of the second par!, the sulrivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to ctaim the whole or any part thereof, the said part y ol the firat part shall and will WARBANT AND FOREVER DEFEND. :, IN WITNESS WEEREOF, the eaid psrt y of the first part ha S hereunto eet hl S hand and se8l the day and year first above written. Signed, Sealed and Delivered in the Presence of ISEALI STATE OF COLORADO 2nd. day of MtrY , rsl+9 . Witness nry hand and official seal. 4*24:;fr. $^r!*kk^J Fll-ed for''record'May' Jt,j L946 at L:L7 orclock P.M., and recordLd l'3, LN nbokZrg Page 252. ao i Airl: - i'li A L.isMi 5 r(iJ ifrn: d.,!c{:,oi aHHo f?ts6F:0! I ,l c\\ ll ll SiNi ll F .\i ll tt 0) rtr od 7€ c) a! o a ,EI >; kq) c) ir& 0)L o)E ..,^| -. 1\r.ir 'i-rrti 11i \* a() q,t\ :':. i.,.1 .- L\,i l.'t:'..; 'I" - r,i..' \ 1"f .1. {-j\:..** \l.J No. 86 Doc. 1fL57427 W. J. Terrell and Anna C. Terrell to Public Trustee, Garfield County, Colorado Conveys: A11 that portion of t,he NE+ of Section 13, Tp' 5 S' ' R' 91 W., 6rh p.M., lying and being fasi -of that certain fence which extends in a g.i.tlf ilorth and Eouth direction and which fence is situate between East E1k Creek and the right of way of the County Road, extending atong Er9! Elk Creek, as said county Road is now surveyed, PlaLted and built. There is hereby .orru.y"I, a right of way, said right of -way bei 20 feet in width and extending in a g"rr"t"i East and West directbn from Lhe ]ands, herein contzeiriddto East Elk Creek in Garfield County, Colorado, said righi'of way being situate approximately 38 rods Norrh of the South line of th; NE+ of Section 13, T-P: 5 S', R. 91 W., 6th P.M. There is also hereby conveyed all of Grantorst right, title and interest in and to the Pierson and Harris Ditch taking water from East Elk Creek in Water District No' 39, said ditch being No. 90A with Priority No. 156A. There is also conveye a one-third (1/3) interesL in an-d to the water right decreed to Pierson and Harris Ditch taking water from East Elk Creek in Water Disrricr No. lgr-"ria ditch uli"g u". 9OA, with- Priority No' 1564' Alsor afly and ail other ditch and water rights belongingnto, ileed upon o, io connection with the lands abuve described. Except mineral .reservations apPearing in deed to grantor. In trust to Secure GranEorst ntte bearing even date herewith payabl-e to John F. Collinsr-orttot. address ii Glenwood Springs, Col due on or before four y""r, after date, for Ehe principal sum of $3500.00 with interest thereon from daie thereof until paid, at 5% per annum, interest payable annually' pEgD_oF IRI]SI Dated May 2, L946. Acknowledged MaY 2, L946 before Adelia M. Andersonr NotarY Public, Garfield CountY, Colorado' Consideration $3500. 00. 28, Lg46 at 2:55 otclock P.M., and recorded 353 thereof. -lq- oo E oJ o(, ,f; oz a4o o oo!z U J o iz L o U Fo E Foo F2 l oo o J UI lx u uIF Filed for record MaY in Book 2L5 at Page COLORADO DMSION OF WATET. ^(ESOURCES DEPARTMENT OF NATTIRAL RESOURCES 1313 SITERMAN ST., RM.818, DEIYVER CO 80203 phone - info: (3031 866-3587 main: (303) 866-3581 NEW 35 + ACRE RESIDENTIAL Water Well Permit 1 . APPLICANT INFORMATION 6. USE OF WELL (check appropnate entry or erfiies) Namc ol applicant Sichard Terrell f A. Ordinary househotd purposes in up to 3 single-famity dwellings, fie watering of domestic animals, and the inigation of not more tran one (1) acre of home gardens and lawns El B. Uvestock waterifl! (on farm/ranch/range/paeture) Mailing Addrcss Soss-gss rd. +258 City New Castle Strtc CO Zig code 8L647 ffih-""" N".b.t iincludc arca codcl 97 0-984-2860 7. WELL DATA Mextrtaurra pRoDucrtoN RATE oF THE wELL SHALL NOT EXCEED 15 GPM2. TYPE OF APPLICATION CONSTRUCT A TUEW WEI.L ON A TRACT OF LAND OF 35 ACRES OR MORE A TYPE OF RESIDENTIAL SEWAGE SYSTEM f Septic tank / absorption leach field EI Central system Di6ffict nsmo: El Vault Location aowrgc to bo hlulcd to: E Othef (attach copy of cnginccring dceign) 3. REFER TO (if aPPliqable): Monitoring hole acknowlcdgm€rt , MH- 34s 10 4. LOCATION OF U,ELL Conrrty Garf i e1d Ourrtcr/quartcr NE' 114 O,usrtar NE 1A 9. PROPOSED WELL DRILLER (optional) NamcWild Cat'DrilLing Licomc numbcr r284 Soction 13 Townehip t or Ss trE Rangc E orW 91 trE ftincipal Mcridirn 6rh 10. SIGNATURE of applicant(s) or authorized agent Distancc of wcll lmm ecction lince 1050 tt.rmmErEs 500 r..m-IrEw The making of false statemerts herein constitutes periury in the second degree, whicfr is punishable as a dass 1 mis- demeanor pursuant to C.R.S. 244-1O4l13Xa). I have read the statements herein, know the cofitents thereof and state tfrat thev are true to my knowledge. W"X tr""d.. .ddrces, if diffcrcnt from .pplicant !ddr"6s (if applicablol 1811 Co. rd. 24L New Castle, Co s. rnncr oN wHlcH wEL! \44!!_EEIOCATED Mustbc"%--rZ A. ATTACH LEGAL DESCRIMON FOR 35+ ACRE TRACT E Development Name Lot no. E other Unit # AppI i cant Title Datc 1 1-20-98 DIV -co- wD- BA- USE MD off'c6 Use o.ly I own urP tlo' B. STATEPARCEL lD# top,tonatl: C. # ectce in t Gt 35 D. THIS WILL BE THE ONLY WELL ON THIS TRACT - )<-Form GIWS-50 OA95 Methc,d of Seviage I)isposal I will be using a concrete r;eptic tarrk of appropnate size and an infiltrater absorption leach field. Narrative of Explanation of Reason for Exemption The reason that I, Charles Terrell, &ffi requesting an exemption of my land is so that I can give some land to my son, Richard Terrell, to put a house on. Respectfully, Charles Terrell - lb' Burning Mountains Fire Protection District Box ?36 sitt, co 81652 Board Ross Talbott - Chaimran Joe Montover Norm Brown Tom Voight Gordon Witzke Doo Zordel - Chief Stu Cerise - Assist. ( Octoher 8. 1998 SLIB.IECT : Terrell Exemption TO WHOM it MAY CONCERN: This is to intbrm you that the property owned by Charles J. Terrell on24l Rd The NEI/4 of Section Thirteen, TS5S, Rql W of the Sixth Principal Meridian is within Rurning Motrntains FPI) and we do provide fire protection to same. It should be noted at this time that the distance fiom the firc stations will cause some delay in response time. Also there should be no special prohlems caused fiom this exemption. THANK YOU: ,la^rux Donald L.Zor Burning Mounf --l'T - l(Xief ;ri"=t-s,l. I i Iwl ^ lt t \ 1"4/ilT',/ ,&-Jr, Ca .,{' \(.*i-fi / tt/ \\ > ! Y/L'1 78 O<l^/- L,r"/l{h5 --/zza ))\*/ Z ^ l\ ) \ //\ Names and Addresses of'Land orruners within 200 Ft' of Propert-v' of be ExemPtecl: Milt Blatriel Box 176' I525 Shentan Street Denver. CO (Owner of properr-v- at2303 Co Rd' 241^New Castle, CO) Don Marshal 2397 Co Rd Z4l New Castle' CO I1647 Bureau of Land Management 50629 U'S' Hrnt' 6&24 Glenr'vood SPgs' CO 81601 Names and Addresses of Mineral Or'vners f,or Propert-V to be ExemPted: Dallas Heatirerl,v' 2 I 3 Box 390 Hemet, CAq2343 Charles Terrell - ll3 1811 Co. Rd. 24t New Castle, CO 81641 - lq' NE COR. SEC 13 (I ri J J J Ji /\/1 /{/ /l[ A Et/4 COR. sEC. 13 HcuARp L. ilorsAft Professionol Lond Survevor 1..s. /J501 4773 2/4 Rd. Si/t Colorado (e7o) 876*2e47 SKETCE PUN TERRELL SABDMSION WEWNON sECnoN 18, r5g Eilr GARIEI,D COAT{rr, COLOruDO EAST ELK CREEK \ \ 400'600'0'200' Fi',! \c -* ' I S,o,.. I \- ,* \r\-rl*-Lf - I II Q^.. l{\ Y )L\ .-'--\J i.\ \qrJ /-!i fr Iq!/ J P gr ',v lR go ,,^, itl l(:'-.n "".,' ,',.67 *rs A .\ i. .i .li ;., 67 70 o7t 7' t-// I 6/ ,'li'/*J1; 4 l{. lr--1 and in enhancing, Protecting, ihe environment. More information for itP'or soil, is given in the section "Use and of the soils." i-P" n"r-" ot gac\ q19- ltl,'3 ifivg1u:lH'the soil on the detailed soil maps' Each b'ri includes general facts about the soil and of the soil profile. ln each description, and limitations are indicated, and concerns and Practices needed are units on the detailed soil maps represent an io units have little Potential fgt Eiremety steep slopeg' Ro9f .o.u|- inrinX-swett potential, and highly ire very extensive measures to practical. detailed Planning !no*n on the detailed soil maps at the I"tion represent the kinds of soil in the are d'escriUed in this section' The r with the soil maPs can be useful in i'-'ooientiaf of a soil and in managing it for iioAuction; in.planning land use q!9^.9"-- tandscape made up mostly of the soil or h the unit is named. Most of the delinea- lar in all areas. Ascalon'Pena complex, 6 to 25 percent slopes, is an examPle. A soit association is made up of soils that are geo' grapnilatry associated and are shown as one unit on the ii"b u""iuse it is not practical to separate them' A soil association has considerable regularity in geographic p"tt"rn and in the kinds of soil that are a part of it'.The extent of the soils can differ appreciably from one delin- eation to another; nevertheless, interpretations can be made for use and management of the soils' Farlow-Rock outcrop association, steep, is an example' This survey was mapped at two levels of detail' At the most detailed level, map units are narrowly defined' This means that soil boundaries were plotted and verified at closely spaced intervals. At the less detailed level, map ,nitt it"'broadly defined. Soil boundaries were plotted and verified at wider intervals. The broadly defined units are indicated by an asterisk in the soil map legend' The detail of mapping was selected to meet the anticipated long-term use oi the survey, and the map units were designed to meet the needs for that use. M6st map units include small, scattered areas of soils other than those that appear in the name of the map unit. Some of these soils have properties that differ sub- itantially from those of the dominant soil or soils and if'rs coutO significantly affect use and management .of the map unit. These soils are described in the descrip- tion of each map unit. Some of the more unusual or strongly contrasting soils that are included are identified by a special sYmbol on the soil maP.'Uost mappeO areas include places that have little or no soil mat'e;ial and support little or no vegetation' Such places are called miscellaneous areas; they are delineat- bO on the soil map and given descriptive names' Bad- land is an example. Some of these areas are too small to Ue detineated and are identified by a special symbol on the soil maP. The acreage and proportionate extent of each map unit are given in table 4, and additional information on propertiei, limitations, capabilities, .and potentials .for hahy soit uses is given for each kind of soil in other tables in this survey. (See "Summary of tables"') Many of the terms used in describing soils are defined in the on the detailed soil map are phases of soil hive a profile that is almost alike make up a Except for allowable differences in.texture of layer or of the underlying substratum, all the ibries is divided into phases. The name ol a soil flfffP commonly indicates a feature that affects use or .,r franagement. For example, Ascalon fine sandy loam, 1 25 to 55 Percent sloPes. Jnit[ to very steeP soil is on series have major horizons that are similar in thickness, and arrangement in the profile. A commonly is named for a town or geographic the place where a soil of that series was and mapped. i.6t one series can differ in texture of the surface lloi in tfre underlying substratum and in slope, ero- Stoniness, salinity, wetness, or other characteristics'atfect their use. On the basis of such differences, a to,6 percent slopes, is one of several phases within the Ascalon series. il'Some map units are made up of two or more dominant klnds of soil. Such map units are called soil complexes and soil associations. .,gf sol complex consists of areas of two or more soils tfpt are so intricately mixed or so small in size that they cannot be shown separately on the soil map. Each area includes some of each of the two or more dominant mountainsides. Elevation ranges from 6,500 to 8,000 feet. This soil formed in sandstone and shale residuum' The average annual precipitation is about 18 inches, the average ainual air temperature is about 40 degrees F, and the frost-free period is about 85 days. Typically, the surface layer is reddish brown loam aUoiri A inches thick. The subsoil is reddish brown and red clay loam about 26 inches thick. The substratum is red flaggy clay loam to a depth of 60 inches.soils, and the pattern and proportion are somewhat simi- -aA.- SOIL 10 ,i#'S:,t -fh'H:'i!^[tffiTTi1:'-'t"":]:" ;:?T .lJ flffirffi5ffi1pilfli;'frt"l qffi:: hazard is moderate' This soil is useo mainly tor wildlife habitat and limited 'ilxi*lJ;,Rx',:;'?:fiix:i3lj,H#:'l:*:"; ,^#J""J"'il'li**ffi:$[.[i'fl Il["i.:*,,ble weeds and anr managing grazing n t'oil,ir," deer, rabbit' and grouse find habitat soils.l!l" ot this compre- lol .:I1Yil*'^0fr;r"l:51Use ot thtS cotttl'rtvi iJn ,"t"rial is limited i a source of constru-r^-^^ +hin levers or borrca source oI uettou"-L-o"r, thin layers of borro depth to rock, steep 6-^niar r{esion can overccdeptn to locr\' srvwv "di!"i,jf design can overcc al, and large stones' tr ^r-..^rr,iac, to control rLal. and large srorteu i,iiliii,"trrel to control ru limitations. Drainage i,-- ^.^,,^a consrructioflti mitations. urarnaeE ;.i; r- ;;;;d constructio n snowmelt reduce erc roads' capability subclass vlle' r This comPlex is tn ed. moderate.liil'T;,, is used'?illv.^11.-vrrndrireI nrD ovrr ioated farming.grazing, "td t-o11"]:L;,,^o verv DorilitSiili""1l!=#g::l?- :* t":','J"ff&1t: ,"1'J'St:t":i:';"1j"."&='r^{lll,i:,f:'l3liY;,'""i A:?ffi:"1#"1,7; U;;'';* I':l i":."J1':": i H"ti,, ti,LTlh'"1il=Jo-niiinint su.phur are r leaching t!" t"lt-^.^tion on this soil is mainly s The native vegeta ..-^a d il;[J;;t".,' "id st" at"Y::d;<ali sacaron' o"'.. "LYfi-Jetlriorates, forbs an When range condnl( -,-- ^r4ai^6 marnrains,"y*",tiEF"i["ilT"9[{:""lils,*:lxl; ;&"4 range conditio.n'imProves rang' ::""'.TJi^W"!i"ii"i[{!;i::;:'l:l*ii'"f",lii"#llL"'l;.*?I;:"Jii4ii:l;i,":::3[n,"i,t"i :X""fl :f ""'r9,ii!':^L'**:^?t":".::J;$5: tufl.T'#tu-Ti-*:i#".;lm*,:F]"i l"lillffi*{*'r*r,,it jlfu fi,b:i::'i'.,':H :#[::d3+]:{,:'U:iiH,til?;L':.3,""j":":1li:i 5i*iTY," tl"i?ffii ;''di-Tgnasins srazins main- [ii !"""0 lrn p'oY:'^'ff3;,"''," ?lltli * ir d tu rkey, a n d b I u e Mule deer, elk' ct "lffi ]1[l,r::mmit1 ::r]:ry f acilities are ri m- -+fj' itf fut:l ".Ut, lfiI :1,'.":13* V r r e, n o ni rris ate d- 2-Arle'Ansari'Rock outcrop comolex' 12 to 65 nfl:riiir:;iHr"trr'"i!ii!iP';::r";6;'P; l,Yo' j o-p'* g ilyr,# il,Ej::;.ll; jnfm "r"#,:f :i"I 1;::3" J" :l "[n3, i: il;io n "' rn " "r:'1gni.rql!ij[ qi*iftq$#,l+:i.g!3,'liil,,,*rH,::H :+l$-*i,!*;:t#[lti]+ffi "i,n]rfi ';*i'"3lltrn*lesll*';r$ni'il''ti'fltfl 3-Arvada loam, 1 to 6 percent-slopes' T well drained, sloping Jrlt'on fans 'and high s:t*x};fl1!*H.:"',,i,;,1,;ffi";1fl;:if stone and shale' . t about 12 inches' tn"'-"'"'"gjannual air tempe about 48 degrees t' "itU; average frost-free about 120 days' 'ace layer is strongly alkalin' ,,,:,,lJi:i'*i[,i"1ffi".;?Jxff T"::."T,:Jl"i -'*:-'+?T':J;.,?:?Hi'.'i'*gnir'o*norbrown ilrl.,i " oePth ot 5o inches''-il;r,;;d ;,9 :l': "."",1i WSSfl. ffi ;Tl', Limon, Kim, Heldt' :l; fu:5 Lffi ',st"i.)' !,&i:i!! ,*l r' i: tt'"' '33r[31f;i* or the Arle soil is moderate' and available ujlti"t::u$ j::#ffixi:n:*,'*"1*ff '"?::'3: hazard is severe'. . shallow and well drained. fygicflt_V, "li"rAl'f llr'3J',l"lili'i"uio*"roam,aboutloinches ,t'ililtif #t-$Iiirmil:il":""; ?f [tsii:'.::%si:$?*::lt;r*::r*':'r-""'l hazard is severe' '' tl*'""iiTi&' ",,l,uY Hff il Hl"8L' n n an d wi I d I ir e habitat. The native vegetation on the.4lll::l is mainly wheat' graqg, lndian 'i""g?IL' T"o'nt"in'ahogany' and sage- )a-6-_) seedbed ano orrrrrlrs iE i".."^y t"r- successful e ing new seedings ts habita' il*:;s,ii::^ili*,ii*ffi ffi;ruil,:;sa,:i*it$rsslq{il"'e,:$'ffi $.l*ir*?$*i***,gilugg$ffiw*$ff$N;ffffi,**ffi:'t* Td4:;gffif*''I*ffigffi'"..::;N ffid-l::1'-tTfliit)tiElf{i}ffi *::H i;;;;^n',-, *Y:itt""$".;}ffi;iTf,qffi;:Hi;-fiil:*'i#;rt::ltffi tlJi*;,;-n"rjffiu;,"";:**;s-:t, {ugN,$5,lry.rl.,t,H}**$$l:gffi tx*iuliirdr.^f#$-ii$l"i,r*:ffi i;'r-tr$islfrfi$hi{iffittrfiffiH T:l*;qgggi:i'ifffi #*t{.;fi;5ffff xffi p'Hffi ffn$ry$3*3*Tff;^,,i,* **t.gltfW "$'$"Tii'rus* u' gt 13 is brown gravelly sandy loam about 5'iruitt"t,irn is sand, cobbles, and troin'of 6o inches' [i15iin" Atencio soil is moderate, and avail' Iti#;iii-i" low. Effective rooting depth is 60 About 15 percent of this map unit is.small' isolated "r"", Jt La "ar, Tanna, and Dollard soils' These soils have only a sparse plant cover, mainly scattered pinyon anO-irnip"i. tn" ,atre for grazing .is very l''ipl-I1: trees prbvide a little protection and cover lor livestocK and wildlife.-- Badland is unsuitable for community development' . Badland is in capability subctass Vllle, nonirrigated' 10-Begay sandy loam, 1 to 6 percent slopes'.This 0""p, *Jioiained, irearly ievel to gently..rolling soil is on "ilr'iiif fans and sides oi valleys. Elevation ranges from S,OOO to 6,500 feet. This soil fbrmed in alluvium derived trom reO-Obd sandstone and shale' The average annual p["ipitition is about 14 inches, the average annual air [emp'erature is about 48 degrees F, and the average frost{ree period is about 120 days. iypically, the surface layer is red or yellowish.. red ranby ioam aoout 14 inchei thick' The subsoil is yellow- iln i"O fine sandy loam about 10 inches thick' The sub' rtt"tu, is yellowish red stony sandy loam to a depth of 60 inches. lncluded with this soil in mapping are small areas of OfneY-inO Ascalon soils that'have slope:^of 6 lo-^1: percent. These areas make up about 5 to 10 percent ot the maP unit.- FJrnieaOility is moderately rapid, and available water ""p""ity -is 6w. Effective iooting depth is 60 inches' Srtt"cd runoff is slow, and the erosion hazard is moder- ate.- ini. soil is used mainly for some irrigated pasture and nav anO-ior grazing' Small acreages of wheat' barley' and oats are grown.- FroJJing aid sprinkters are suitable for irrigating this roit. fnis 6oil is dioughty and needs frequent inigation to ,Jut" ttopt. contr6tting the rate of water application reduces PiPing and erosion. The native vegetation on this soil is mainly wheat' grass, needleandihread, and sagebrush'- When range condition deteriorates, forbs and shrubs increase. Wtien the range is in poor condition, undesira- 6ie *eeos and annual- plants are numerous' Properly m"naging-gra=ing maintains and improves range^condi- iion. S"etitg imiroves range in poor condition. crested *nJatgtas.,-western wheitgrass' and Russian wildrye ir" sritabl" for seeding. prefaring a seedbed and drilling the seed are good Practices.- bottontail ribbit,'squirrel, mourning dove, chukar' and some mule deer find habitat on this soil'--U." of this soil for community development and as a source of construction material is limited by seepage' large stones, and excess fines.- inis soil is in capability subclasses llle, irrigated, and lVe, nonirrigated. -6irf"t" runoff is slow, and the erosion ilhtnl".oil is deep and well drained' Typically' Bir"vJi it reddish sr.av, 9f1'?1v--tTdy^1911 thick. The underlying layer is reddishtffiHffiffiil-";ilt loam about to.-inch.es thick' The iHG'catcar6ous sand, gravel, and cobbles to a '6O inches or more. SiriiV='oi-tne Azeltine soil is moderately rapid, . ,';ifii'ISbil'is inigated mainly by flooding. Grassed water-f ffifirEta;.,d'minimlm tiilage prevent serious erosion. Cover ffii.!-[gi; Ctuuute mulching in drvfarmed areas also reduce-erosPn. P--rilLlnatire vegetation on these soils is mainly wheat- gi{ffi,%bgebrush, and needleandthread' irwhen,ranqe condition deteriorates, forbs and shrubs it#rai[*j:,'W]ien the range is in poor condition, undesira- 6ie.*eeOs and annual plants are numerous' Properly ;diiiging grazing maintains and improves range^condi- ton..Se"liiq imiroves range in poor condition. Crested 'wn'aiibrdss,-western wheatgrass, and Russian wildrye drdlsuiiule for seeding. Preparing a seedbed and drilling tip,p-eO are good practices. Reducing brush improves thq.range. .-.PheaEant, dove, rabbit, squirrel, and some deer find f"tfrU ind shelter on these soils, mainly in areas of crops' .Use of this soil for community development or as a sciurCe of construction material is limited by the large stones. Special design is needed for septic tank absorp' tioii neUi because-of seepage and the possibility of polluting ground water. -r,This complex is in capability subclass lVs, irrigated, qnd Vls, nonirrigated. FJii""ity G ,"ry low. Effective rooting depth is [tin-fr"" oi more. Surface runoff is slow, and thej ';ffsl6ii"tiandrd is slight' ;$ffi"ffi:gn are Ised ^m-ai' Y- 1"1 -9:T,'19., :f . :::l:grains, potatoes, and grass-legume hay are i 'ifrCiiififr'croPi. 9-Badtand. This broadly defined unit consists of steep and very steep, nearly barren land dissected by many intermittent driinage channels that have cut into the soft shale and sandstone of the Green River Forma- tion and into the soft shale and siltstone of the Wasatch, Mancos, and Mesa Verde Formations. Badland occurs throughout the survey area, mainly on steep foothills and mountainsides that have outcrops of shale or sandstone. About 85 percent or more of the area is unvegetated. The water eiosion hazard is very severe, and erosion is i s to 12 percent sloPes. active.Efufr-oderately stoping to rolling soil I tl I | ', ' I I i i14 j Iii 'I :i :i I I i,l i I is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red-bed sandstone and shale. The average annual precipitation is about 15 inches, the average annual air temperature is about 48 degrees F, and the average frost-free period is about 120 days. Typically, the surface layer is red or yellowish red sandy loam about 10 inches thick. The substratum is yellowish red stony sandy loam to a depth of 60 inches.- lncluded with this soil in mapping are small areas of Olney and Ascalon soils that have slopes of 6 to 12 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is moderate, and the erosion hazard is severe. This Soil is used mainly for irrigated pasture and hay and for grazing. Flooding and sprinklers are suitable for irrigating this soil. This soil is droughty and needs frequent irrigation to mature crops. Controlling the rate of water application reduces piping and erosion. The native vegetation on this soil is mainly wheat' grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush is often necessary to improve dete- riorated range. Seeding improves range in poor condi' tion. Crested wheatgrass, western wheatgrass, and Rus' sian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, chukar, and some mule deer find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by large stones, seepage, and steep slopes. This soil is in capability subclass lVe, irrigated and nonirrigated. 12-Bucklon-lnchau loams, 25 to 50 percent slopes. These moderately sloping to very steep soils are on ridges and mountainsides. Elevation ranges from 7,000 to 9,500 feet. These soils formed in sandstone and shale residuum. The average annual precipitation is about 18 inches, the average annual air temperature is about 40 degrees F, and the average frost'free period is less than 75 days. The Bucklon soil makes up about 55 percent of the map unit, and the lnchau soil makes up about 35 per- cent. The Bucklon soil is on the more steep, convex parts of the landscape, and the lnchau soil is on tft, slightly concave parts. - ,2lbThe Bucklon soil is shallow and well drained. An or-' ganic layer is on the surface in some areas. Typically, the surface layer is dark grayish brown lo' inches thick. The underlying material is c brown clay loam and grayish brown loar inches thick. Shale and sandstone bedrock i of 15 inches. Permeability of the Bucklon soil is slow rock. Available water capacity is very low. Ef ing depth is about 10 to 20 inches. Surfa medium, and the erosion hazard is severe. The lnchau soil is moderately deep and r An organic layer is on the surface in some cally, the surface layer is grayish brown lo inches thick. The upper part of the subsoil i' ish brown and yellowish brown clay loar inches thick, and the lower part is yellowish elly clay loam about 18 inches thick. Sar shale bedrock is at a depth of 36 inches. Permeability of the lnchau soil is moderate rock, and available water capacity is modera rooting depth is 20 to 40 inches. Surfac medium, and the erosion hazard is severe. lncluded with these soils in mapping are sr Cochetopa, Cimarron, and Jerry soils. The and Jerry soils have slopes of 25 to 50 p Cimarron soils are in small drainageways slopes of 2 to 12 percent. These areas mak 'percent of the maP unit.' These soils are used mainly for wildlife limited grazing. The native vegetation on these soils is ma oak, elk sedge, and bromes. When range condition deteriorates, forbs increase. When the range is in poor conditio bluegrass, undesirable weeds, and annual plr merous. Properly managing grazing mainta' proves range condition.' Mule deer, elk, snowshoe rabbit, squirre grouse find habitat on these soils.- Community development is limited by stt depth to rock, and low strength ihis complex is in capability subclass Vlls ed. l3-Chilton channery loam, 3 to 6 perc This deep, well drained, gently sloping soil i fans and sides of valleys. Elevation ranges fr' 6,500 feet. This soil formed in alluvium derive bed shale and sandstone. The average annu tion is about 14 inches, the average annual ture is about 46 degrees F, and the avera- period is about 120 daYs.' Typically, the surface layer is reddish brov., loam about 13 inches thick. The substratun brown, light brown, and pink very channery - and very cobbly sandy loam to a depth of lncluded with this soil in mapping are sm Begay and Morval soils. The Begay soils ha' 37 @LORADO .'i' ffi{:'r"1fl'#;llr:s.,1^r"'s:','J;"31ff [t*il.il',irr;*:**'uai].-fi :i"%;;,i;-t*p to '"ry steep' slope ranses 70 percent' , ., aE ^^,aanr n{ the cotn-'lnli" ,P about 45 Percent of the com- H';"k; uP 2o Percent' 11d lo"-l^olt: il""'#JiifIL"*'-i&'fi 'J."xi"J[?d::.#: rg,Jd?T:.t:lm;r:"tx;:lg*i{ii are shallow to moderately deep' They ilrv"v i" loamY 1o co;rl{"-,:T:101: 'gJ',il#:*ltit[t";-""*"f :[!rf,'; fJL?'ffiffi ;''il"'i; Ji tii " Co io rad o R ive r' basartic fEffi*""6{:;fl"",l&,i:'r:Xi:i.eyare-sri":?lllortntos arti >rtqrrv'r iionii, hor" itay in the sub- to loamy and have s rn in the surface '"v"t] iF *f1:"-l?"I,,':l:g}:than tn rne uur''"= ili-"rrv iiee ot stones' but scat- ll"B;J,i,i .'.t",18,''. Ji;H Ln J sa n d sto n e't i"s' " nt' on the surface' he Rock outcrop ts mainlv M?ti].::l:.:,?ltg; rfi,"[:ii.' ".il5t:'#" "'"i' are covered with basal' i bou I de rs an d sto n e s : -'fril . L".1t :^l-'11" ::T ""t"t;:ffi'#3:"ilffilri';[ i" tn" eastern Part or the ffil:l'r3:"r"in mappins g1e smal i',?|":* fl:ft:,:tlLl;Jn'lnduoeo rn lrraPPrrrY EJsI;,T"ioi, ano Doilard soils. fr[.'; i.ti,fl1i,i]l'31;";-;;'i" up 10 to z-o"pii""ni ot ;"?illrBJ*h"* i. used lor srazins, wildlile habitat' and iecreation. Tfr3'lll;". on the surrace and th::te:p^:1""?"'"fl"[: *'l'3"'.1"nli,";ii'ii,ff Eff i9i{^s^"^T:""'3ffi ":T,:;::':"::trl"Jp:1ilffi ;Pi;"i{:t.'^":9:*.9'}":,:'3:::reseeoeq tu Pd)rure "i''iiit'ii uv the stones and slopes' ing methods are mad..-- ,-^r.,,r^o rrrhoarnrisses. blue- +fl 5'Hffi ""' ;{ #I' # " i";ilti *1:319' "'-:il;^l',1fr *llg.:"'iffi ,"X""IJA;,:-',-"*:;ryg:*::;'"iJ1;,'i#':i fll3iiii;,?Hild:"'.ffi;"'-r', - "io "n overstory or This complex is in capabitity subclass Vlle' nonirrigat- ed. 67-Torriorthents-Bock outcroP c-omplex' steep' This broadlv defined ;;i;";ittl.oi exposed sandstone and shate bedrock #j';;ny;iL tnit,are shallow to moderately o""p o'li"tinOtiton" and shale and stony basaltic al I uviu m' nt"Zt "oi' iiL -comptex -occur throughout the survey area' rne-Ioils and outcrops are moderately steep to very steeP'LtH;;q=^tt:115 to 70 percent' Torriorthent, ,,.."X"-'J5-"Uori 60 pet"ent of this com- olex. and nocr outc=roi"#C ;i llf:*ent' The Tor- iiorthents are on rooitiirrs anO mountainsides below the * "fff;lT:Xi=t? "ff ^:'"y":h:% l?, :::*,J"* H: :3i::';,3Tl;'ii,r" ; "";;' *it1 "t-o-'i" J weathe red i,ffi ;;i6n;'-'r'"do*;i'1,,i"'.t"1?';"?3iiti'Tff ,f;:':ll: do River, stones a t""r?" Rock outcrop is mainly Y-":1l"rde sandstone and Wasatcn snatel'So-me a'eis are covered with basal- tic boulders "no "ioi"t'-smart.argas-of limestone out' crops and "*pot"o'iii;;'; in tne eastern part of the t'il:ffi:"o"in mapping are small isolated areas of llde- tonso, Lazear, o"5lli tlv""ilrtidell, and Nihill soits' These intermitteni?:;;;k; up 10 to 15 percent of "';;;xr:#'xr", i. used for limited grazins' witdlife habi- ti:::r"Ttilfr!'"""es on.rhe -"-ull""' the Rock out- crop, and tne steJp-st-o-pe-' tnis complex is unsuited to "tTt: native vegetation includes. wheatorass' bluegrass' lndian ri""g'"",''i"il6;; brl?rbr-ush' sagebrush' mountainmahogany and an overstory of pinyon and iuni- oer.' The vegetation should be managed.to maintain wood oroduction ano timitJi'!'iii"s' !i1"-tt::"1" thinnins the oinvon and iuniper ''ipil'"'-grazing and provides fire' il#' ;i;o.ti' st""i Jop"t] mod-erate, to severe ero- sion hazard, ano sto'i!;,r"J;lj oii'""t affect harvesting and managel"nt-.^ tering area for""illoti oi tni. complex is a prime wtn deer. Rabbi,., "oyot5'?Ja-r&' elk also find food and cover on this comPlex' Community devetoiment is limited bJ- the Rock out- crop, steep slopes, JnJ tionin"ss' 'These limitations can -d["sJ#il[l'i*ilil"rtul".1"$"3]?'?1ffi : ed. 68-Vale silt loam, 3 to 6 pe.rcent slopes. This deep' well drained, gentty"Lt-oping ioit ]: gli"t"s' terraces' and alluvial tans' gte-vlfioti ttngtt from 5'000 to 7'200 feet. This soit tormei in*'i"r""t"-o's eolian material' The ''YfJ 3lflJ':iTtins is fair' rhe vesetation shourd be manaoed to maintain "*Joo ptoouct'ron and limited graz- ffi :' 3""T;"ii; ; t]h ft i d 1n " b invo n a 1! ^iu n 1n e r i m p rov-e-s ['rbfi?i;"il;; t?"*o6a and posts.' steep sropes' moderate to severe'";;ti;;;t";aio' ano slow regrowth oiti""i "tr"ct harvesting and managemert' Most of tnis comJiei i. " prim-e wintering area for deer. Rabbi,r, .oyot5,?J"l"i' elk also find food and outcroP com' and stoniness' by aPProPriate cover on this comPlex'--iriri'"d i tirit"o bY. steeP "]9L":Th;U ti"mitations can be overcome design and construction' =)7 - 6-26-1995 l@.O1AM TO: REFER: DATE: FROM: P. 1 MR JOHN BARBEE FAX:945-785 CTIARLES TERELL'S PI,'BLIC NOTICE TO SIJB'DIVIDE JAI.IUARY 15, 1999 LYNN &JACKRENARD II73 CR 241 NE1W CASTLE, CO.81647 e70-eu-2481 T.fY HUSBN.ID AND I C.AhI NOT ATTENDTHE IIEARINC SCI{EDI.JLED FORMOI{DAY iAIlUARi 18. t99e AT 2:30, WE WISI{ TO MAKE COMMENT, NCrr AGAINST THE SI'IB' DTVISON BUT TO WONDER ABOUT TI{E INCREASING TRAFFIC A}'ID ROAD COI{DMON OF COUNTY ROAD 24Il EAST EtJ( CREEK. WTTTT T'AONT HC'MES A}'ID MORE PROPERTY BEING SUB-DIVIDED. WE ARE CONCERMD TITAT NO ONE IS TAKING TI{E RESPONSIBLE TO IMPROVE TIIE CO}IDITION OF TTIE ROAD. WE I{AVE SEEN I\{ANY NEAR MISSES WITII ON- COMING CARS AI{D PEOPLE WALKING. wE PURCHASED OIJR PRoPERTY FouR YEARS AGo, AI.ID WE ARE NOT AGINST GROWTI{' INFACT. wE CAIVIE Tnou sT,nvnvTTT COI,NTT WHICH IS NOW TRY-ING TOTIAI\IDLE TTIE SAI\48 GROWTH IMPACT PROBLEIVIS. WE SEE TM PANCEN OF THE BIG MOBILE HOIT4ES' HORSE TRAILERS, AI.ID FAST DRIYr'E,RS ON A ROAD NOW TTTAT IS IN DBSPERATE I{EBD OF REPAIR A}ID WONDER WHO IS TJLTIMAIELY RESPONSIBLE ? EAST ELK CREEI( IS ALREADY NARROWED BY TTIE DEIERIORATION OF THE ASPHLAT ON THE EDGES WHICH FORCE-CnnS,fnUCfS.atC. tO pnrG OO'Wf.r THE MIDDLE OF THE STREET. A,S TIME PASSES AI'ID MORE PROIERTY OWNERS DECIDE TO DIVIDE TIIEIR PROPERTY SHOI'LD THEY NOT BE RESpNSIBLE TO IItclROVE ilte nOlp rOfmrUr TI{E ADDED TRAFFIC n n NEEDSrI fO BEADDRESSED NOW. WE AppRECIATED TIIE OpFORTLTMTY TO ItdAKE rHIS COMMENT AI'ID WOTJLD REQUEST A RESPONSIBLE TO OUR CONERN. PLEASE SEE ADDRESS AI{D PIJONE NI.JMBER ABOIVE' A CONCERNED HOT\,TE OWNER AT.ID ADULT DNVERS I-YNN AI{DJACKRENARD Aeur { / a,- 1*, firr Traffic Impact Fee Work Sheet - Existing Roads Proposal Name 'feze.er:w f y+vvPT:r,t-L Legal Description Address tBll zp "1/ Road Cost/ADT ,*/fr g, 4/Or OOO ADT per land Use ZlO The road design life- 20 years Tax Credit- Valuation Current assessed value Value by parcels as proposed (Land Only) Parcel I Value l,+o O Parcel _ Value Value Value Value Value Value Value Value Traffic Study Area 6 Road Capacity (ADT) ,6,200 Parcel Parcel _ Parcel Parcel Parcel Parcel _ Parcel Total a , *1O County Discount Rate 1998- 5% Present Work Factor 1998- 12.46 Annual Road & Bridge Property Tax 1998- 1.409 GARFIELD COUNTY Building und Planning Depurtment December l9 , 1998 Charles Terrell 1811 County Road 241 New Castle, CO 81647 RE: Terrell Subdivision Dear Applicant, This letter is to inform you that your request for a Subdivision will be heard before the Board of County Commissioners at 2:30 p.m., on the l8m of December, 1998, in the Garfield County Courthouse, Commissioners Hearing Room, Suite 301, 109 8ft St. , Glenwood Springs. Enclosed with this letter is a public notice form that must be published once in a newspaper of general circulation in the area and sent by certified return receipt mail to all property owners within two hundred (200) ft. of the property in question at least fifteen (15) days but not more than thirty (30) days prior to the date of the hearing, this includes public lands. We suggest sending the notice earlier than the required fifteen (15) days, to insure the return ofthe green return-receipt and be advised that the date ofthe hearing can not be considered as one ofthe fifteen (15) days prior to the hearing. Also enclosed in this letter is a sign which must be posted in a prominent location on the property in question and visible from a public road at least fifteen (15) days but not more than thirty (30) days prior to the date of the hearing. Be advised that the date of the hearing and the date of publication can not be considered as one of the fifteen (15) days prior to the hearing. You are also required to provide the proof of publication form provided by the newspaper and both the green domestic return receipts and the white receipt for certified mail to this office at, or before the hearing. Failure to complete the above stated noticing requirements will require re-noticing for a future hearing. Ifyou have any questions about the public notice process, please contact this ofiice. Sincerely, John Barbee, Senior Planner Phone: 945-8212 / Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601 TAKE NOTICE that Charles Terrell, has applied to the Board of County Commissioners, Garfield County, State of Colorado, for a subdivision exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: See Attached Practical Description: Approximately five miles north of New Castle on County Road 241 on East Elk Creek. Said subdivision exemption will create two (2) lots of 13 acres and 48 acres more or less. All persons affected by the proposed subdivision are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the ofiice of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 18th day of January, 1999, at the hour of 2'.30 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County I llllll lll,, -.iiii lirii tllllll lllll lllll lli Itlll llll trrr 529053 01/21iL998 12:55P 81078t of 1 R 5.00 D 0.CI0 GARFIELD P992 I,I RLSDORF COUNTY CO Epecial Xfihrr-arrfu Wed CltirIlcs 'lo'scpll'l'cn'cll, cil':tttlor', $'irr).sL: ;rtliJrr:ss i.s llil l c.rrunty l{Oilti 2.11, Ncwcrrstlc.(-'.r:trif i;i'('i,;'l'ir:lti. Sliitc ,,1' C,it,rl,iil,., i;r'o+),'li,ir',rr" c.n.sirlcriirirrr .r. -1.c, I).llars. i.harrd p.itl' hcrchy ,sql]1a,J .,rir"y.t'-,,r clrarlc.s i'. i",rqrl 'fr...*;rcc. .r hi.i .sr.rccc.s.srrs irrtrttst' ttttdcr thc CI'lAnlaS i rririlr.r- LwiNc ffi.:t_darcd Aprit 2, 19gr, a,rr a,yitntcttcltrcnLs thc'ct<t, which t,o.t ri,"-icg.l adclrc.ss,,i^iilr'r C.unty Rrad j+1, Ncwc.sr.rci,Co.ttty olGarllclcJ, Statc,,rtci,rii,'rj,i 8ro+7,-utt ni.s'ilr.n! ,,,,. and inrcrc.sr i. antr r. thgt.ll,wirrg rcar pr.pcrly in rhl -i,r,.,,r,,,1 o,ii.rj,'siri.n"rcutn,.ado, r. rvi(: All that portion of tht: N.t'tltcasr Qrrarlcr (NE l/4).,1'scctio, Thir.tcc. ( I3),1'.rvn.srrip Fivc (5) srutrr, n,i,,gJ rv;r",i-"r""'idi) wcst or-rhc sixtlr (6th)P'incip.l Mcricliarr, lvi'g rir:ri h";ug nii.iii,iirri,r'..,.,uirr lcrcc whic.h cxrc.(r.sitr agcrtcral North rnu Si,,,tti ili'..ii,iii r,r,r *r,l"i'r"ncc i.s.siruarccl hcrwccrrE.'st EIk c'cck, a.s .sairl C,u.ty rr,,i,i irlr,i*.tr.r"v",r, prartcd a.cr huirt. Thcrc i's hcrchy cotlvcyccl a risht 91.-way, .said righr ol' way llci.e 29 l.cct i,width lnd cxtc.rcling.in a. gcii.,ral lr,r;i;l'w"ir'.'1i,".,i., rlrrrr-r rhc l.rrrrslrcrcin i:r).vclcd tO -w.J. 'r-ci.ir.il. rn,r nnnr-c.'i",.,"rr, t. Ea.sr EIk c.rcck iriGar[icrd codnry, Coruracro. rui.r ,igt,ii;i;;t tJing ,*otcd approximarcry3ll rod.s No'th-.r'rhc s,rrtt, t,.,.ili,;h""Ni,,d;u euarrcr (NE r/4) .r.Scction Thircen ( I3), fownship lri*'i5l ^i;;il: .Rarrgc Nincry_onc (9 t )wc.sr oI trrc Sixrrr (6tir) pri,ciiir,r' rvicriai;;l Ti,# i., nl.iir- h;;;;; c,,,,'r"y",rall ol' grantor"s rigltt, titlc and inicrcst in ina,"'r-r* pier.son ancl Farri.s Ditchraking rvarcr rrorn Ea.st I1Ik Crcck in watc.-oil,;;; No 31,, ,oio',rii.r.,' rr.irgN.' 90A with P'i.rity N'. 156,{. Th";;l;i.rn".onu.y"cl . .,c-third ( ri3)itrl"crc'st irr ancl to tlrc ivarc' r'igtrr dccrcc,i ,n Fl"irii., ani lrar.ris bii.ir-t"r.ingwalcr ll'ttnr lla.st lilk Crcck iri warc-r'nirrii.i iv,,.":g, .sairl tlirch hcinu Nr.90A. wittr Pri.rir1, N.. !56A. ,o.ls,r, uni: a*i oii',r,ir.,: ,i,r;h iiii,r'*ri.ri.igi.,,...hclonting Lo, tt.scrl upotl or in corrnccti,i, *rtr, iireJand.s abovc dc.scrihcd; Suilicct to laxc's and a.ssc's.slncnl..s lrlr I996 ancr prior ycars, r.c.su.icti.ns ard l,:.]:J"11-,1:,r.s .t'r.ccortj, it' a,y; rrily ca.scrnc,Ls ancl .igfiri-'iii:;;;'.:;;;;i;,g ,,, 8l,.ll],Iil-i.,,hyr.st,'c-ct ancr nurnbcr as: r8u County Road 24r, Ncrvcastrc, !\/ith all its apptrrtcllallcc's' altd wart'itrtr.s ritlc to thc samc again.st all pcrsorr.s clirir,i,g u,rlcr.Lit'altt.r" suhicct to: Taxc.s a,rl .ssessrr',.,iir i;,; ,l".,i;^;;'.i',hr.q,,.,rr ycar.s: c:rscr,t.rr(s urrrrrighls ol way, c.risring,r': ,ii',:"..,,..i,"iiigr,,, ,rr.-,riy'1r.,ii.,,., prt slr.wrr by p'hlit. r.ccrr.rls;.c.sc.v. r i rl rr.s. l'cs t.ic t i <xrs. c, vc l r :r rr ( s,, rr'r lc,scs,, r,l.,,i.,,,.,i. " Signcd this 20 day of July, 199g. INo cloc:tttrcrilor.t'lee reqttired. Aclttttl c'ort.riderutionfor ttti.r conrtc\,oncer'n.i /c.r.r tlutt $5u).] TA -L'r-r..*-(j.)-/'l'crn:ll \ 6-26-1995 1@:@1AM FROM TO: REFER: DATE; FROM: MR JOHN BARBEE FAX:945-785 CHARLES TERELL'S PI.]BLIC NOTICE TO SI']BDIVIDE JAI{(JARY 15. 1999 LY}.IN & JACKRENARD II73 CR 241 NEW CASTLE. CO. 81647 970-9u-24E1 P.r }tdY HUSBAhID AI{D I C^$I NoT A:ITEND T1IE HEARING SCHEDULE.D FOR. MOI{DA} JAI{UARY 18. 1999 AT 2:30. WE WISHTOMAKE COMMENT, NOT AGAINSTTHE S[JB' DTVISON BIJT TO WOT.TOEN ABOUT TI{E INCREASING TP.AIIFIC A}'ID ROAD CONDMON OF cotINrY ROAD 241l EAST EIJ( CREEK. wrTH MORE HoMES AIID MoRE PROPERTY BEING SUB-DIVIDED, WE ARE CONCERNED TI{AT NO ONE IS TAKING T[M' RESPONSIBLE TO IMpROVE TIIE CONDITION OF TtlE ROAD. WE I{A\IE SEEN }t(At'IY NEAR MISSES wtfi{ OI{- COMING CARS A}ID PEOPLE WALKING. WE PI.'RCHASED OUR PROPERTY FOUR \'EARS ACO, AI{D WE ARE NOT AGINST GROWTH' TNFACT. WE CAME FROM SI]MMIT COI]NTY WHICH IS NOW TRYTNG TO HAI{DLE TI{E SAI\'IE GRowTH IMPACT PRoBLEMS. WE SEE TUT PEUCBR OF THE BIG MOBILE HOTVIES, HORSE TRAILERS, AI.ID FAsiouwns oN A ROAD Now TI{AT Is rN DESPERATE }.IEED oF' REPAIR A}ID WONDER WHO IS ULTIM.{TELY RESPONSIBLE ? EAST ELK CREEK IS N'READY NARROWED BY THE DETENORAT1ON tr THE ASPHLAT ON TTIE EDGES WHICH FORCE cens,ttuxs.etc. io pnrw DonN THE MIDDLE oF THE srREET. A,s rIME PASSES AI'ID MORE PROPERTY OWNERS DECIDE TO DIVIDE TTIEIR PROPERTY SHOIJLD TI{EY NOT BE RESPNSIBLF, TO IMPROVE THE ROAD TOTIAhIDLE THE ADDED TRAFF1C N IT NEWE1 TO BE ADDRESSED NOIY. WE APPRECIATED TI{E OPPORTUNITY TO N{AKE THIS COMMENT AT'ID WOIJLD REQIJEST A RESPONSIBLE TO OUR CONERN. PLEASE SEE ADDRESS AI{D PTIONE NI.]MBER' ABOVE' A CONCERNED HOT\,IE OWNER AND ADULT DRIVER-S I.\ZI{N AI{D JACK RENARD BEFORE TI{E BOARD OF COLINTY COMMISSIONER OF GARFIELD COLINTY, COLORADO PETITION FOR E)GMPTION Purzuant to C.RS. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations ,^.9f Gaffield County, . .Colorado, adopted April 23, 1984, the undersignea t-ha-nle S le fcg I t respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of approximately 13 #.tr acres eaclq more or less, from the definitions of "zubdivision" and "zuMivided land" as the terms are used and defined in C.R.S. (1973) Section 30- 28-l0l (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: SUBMITTAL REQUIREMENT S : An application which satisfied the review criteria must be submitted with all the following information: '@ Sketch lgap at a minimum siale of l":200'showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to apublic right-otway, and any proposed easements for drainage, irrigation, access or utilities; and B. Yiciniw map at a minimum scale of 1":2000' showing the general topographic and geographic relation ofthe proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used; and Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and Names and addresses of oryrs of record of land immediately adjoining and within on, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and @ and characteristics ofeach type; and Proof oflegal and adequate source of domestic water for each lot created, method of sewage disposal, and l"tter of approral of from appropriate fire district; and If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and *dE C D G. H. nilit tlIJ It shall be denronstrated that the parcel existed as described on January l, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January l, 1973. A $300.00 fee,must be submitted with the application. Chn^lesGre-t I Petitioner t8rt G. ku. a4t Mailing Address * '&(**c^ 184 - 2151 Telephone Number E)GMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of zubdMsion and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January l, 1973. In order to qualify for exemptiorq the parcel as it existed on January 1,1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), prwerting joint use ofthe proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January l, 1973 will count as parcels of land created by exemption since January l, 1973. J. B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a pennanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells with 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water zupplies using a well shall demonstrate the following: 1) That a four (a) hour pump test be performed on the well to be used;2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level;3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge;4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day;6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for payrng these costs and how assessments will be made for these costs.7) The water quallty be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fue protection plan from the appropriate fire district; and F. All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storrn drainage improvements; and H. Fire protection has been approved by the appropriate fire district; and /a A. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, tores and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemptioq to mineral owners and lessees of mineral owners of record of the land proposed for exernption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the me*ing, The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the zubdivision procedures in these regulations. C. D. WCINNY I'IAP a I I.I loL P r}- r..oN ''t,,(jtffi : 11. ILOT 1 tt'l 't I,L'GAL Db:SCruPTION AfI Chat portion of che lforcheast ou.rtcr (NE 7/4) of SecCTon Thtrtccn (73)' Tovnahlp Ftve (5) souch, Range Nincty'onc (97) West of the sjxEh (6ch) PrincipaT lileridian, Tying and being Eaat of that certain tence which ",xte,'ds in a general, IVorCh and south directlon and whlch fence is slcuated bettecn EasE Elk Creek and the rlghE of way of thc CounCy Road, exienaing aTong BttC Blk Crcek, aa cald County Road Js nov survcycd, platCed and bujlE' cottMtY oF GlnFrEt o stlrB OF COT.ORADO ( :i \ Ca X'. lr,7 \ 7 -\-\) SKETCH PI/LN TERREIJ SUBDruSTON EXEIIPTION SECTTON 13, T5S, P.917 GARIEI.O COANTY, COLONA.OO rtlE. 1 2,/6/9tt RICHARD L. HOLSAN P-tplpsspteL-t-q-d-5!-ryev9t L.S. 13501 ,1773 214 Rd. Si/t Colorodo (:t t0.) 876 -2947 Names and Addresses of Land Oumers Within 200 Ft. of Properly of be Exempted: Milt Blakey Box L76.1525 Sherman Street Denver, CO (Ouner of properf-v.- at 2303 Co R.d. 241. New Castle, CO) Don Marshal 2397 Co. Rd. 241 New Castle. CO 81647 Bureau of Land Management 50629 U.S. Hrr-r- 68124 Glenwood Spgs. CO 81601 Names and Addresses of Mineral Or,r,ners for Propert-y" to be Exempted. Dalla s Heatherl-r' - 2 I 3 Box 390 Hemet, C492343 Charles Terrell - ll3 181 I Co. Rd. 241 New Castle, CO 81647 3,r\,So"\ Shteu-l Joins sircf 5) Suv/e 1 t\ SoL( t t\ r5 {o1 R. 91 y/ lR. 90 ,iv -/ li. 'i!i I ,('.,.'t t:d ar( 29 C 19 70 67,/ ,, N 4 5'botentiat of a soil and in managing it for Ib?oAuction; in planning land use and de' i6sortc".; and in enhancing, protecting, r the environment. More information for , cir soil, is given in the section "Use and it of tne soils." i,Ihg nam.? ot 3ac\ 19,9- :tli,"" l[:v$i hive a profile that is almost alike make up a Except for allowable differences in.texture of layer or of the underlying substratum, all the i"the soil on the detailed soil maps. Each r'ri includes general facts about the soil and dri-,ition of theloil profile. ln each description, ihi:'tiazards and limitations are indicated, and concerns and Practices needed are 'units on the detailed soil maps represent an rii landscape made up mostly of the soil or ;hibh the unit is named. Most of the delinea' on the detailed soil map are phases of soil units have little Potential for dcremetY steeP sloPes, Rock out' ,['-inrinf-s*ell potential, and highly very extensive measures to practical. for detailed Planning with the soil maPs can be useful in fltno*n on the detailed soil maps at the E"iiiition represent the kinds of soil in the niSV at" d'escribed in this section' The lar in all areas. Ascalon'Pena complex, 6 to 25 percent slopes, is an examPle. A soit association is made up of soils that are geo' graphically associated and are shown as one unit on the iiib ue"irse it is not practical to separate them' A soil association has considerable regularity in geographic fattern and in the kinds of soil that are a part of it'.The extent of the soils can differ appreciably from one delin- eation to another; nevertheless, interpretations can be made for use and management of the soils. Farlow-Rock outcrop association, steep, is an example. This survey was mapped at two levels of detail' At the most detailed level, map units are narrowly defined' This means that soil boundaries were plotted and verified at closely spaced intervals. At the less detailed level, map units ire'broadly defined. Soil boundaries were plotted and verified at wider intervals' The broadly defined units are indicated by an asterisk in the soil map legend' The detail of mapping was selected to meet the anticipated long-term use oi the survey, and the map units were designed to meet the needs for that use. M5st map units include small, scattered areas of soils other than those that appear in the name of the map unit. Some of these soils have properties that differ sub- itantially from those of the dominant soil or soils and tnrs "oltO significantly aflect use and management .ol the map unit. These ioils are described in the descrip- tion of each map unit' Some of the more unusual or strongty contrasting soils that are included are identified by a special sYmbol on the soil maP.'Uost mappeO areas include places that have little or no soil mateiial and support little or no vegetation' Such places are called miscelianeous areas; they are delineat- bO on the soil map and given descriptive names' Bad- tana is an example. Some of these areas are too small to be delineated and are identified by a special symbol on the soil maP. The acreage and proportionate extent of each map unit are given in table 4, and additional information on propertiei, limitations, capabilities, .and potentials..for inany soil'uses is given for each kind of soil in other tables in this survey. (See "Summary of tables"') Many of tn" terms used in describing soils are defined in the series have major horizons that are similar in thickness, and arrangement in the profile. A commonly is named for a town or geographic the place where a soil of that series was and mapped. of one series can differ in texture of the surface lor in the underlying substratum and in slope, ero- Stoniness, salinity, wetness, or other characteristics btfect their use. On the basis of such differences, a 3:bries is divided into phases. The name o'l a soil commonly indicates a feature that atfects use or qlanagement. For example, Ascalon fine sandy loam, 1 i nit[ to very steeP soil is on 25 to to 55 percent sloPes. mountainsides. Elevation ranges from 6,500 to 8,000to 6 percent slopes, is one of several phases within the {scalon series. .,' Some map units are made up of two or more dominant k!.rps of soil. Such map units are called soil complexes and soil associations. .,iilA sol complex consists of areas of two or more soils t[at are so intricately mixed or so small in size that they 9$nnot be shown separately on the soil map. Each area inch.tdes some of each of the two or more dominant soils,.and the pattern and proportion are somewhat simi- feet. This soil formed in sandstone and shale residuum' The average annual precipitation is about 18 inches, the average ainual air temperature is about 40 degrees F, and the frost-free period is about 85 days. Typically, the surface layer is reddish brown loam aOoli A inches thick. The subsoil is reddish brown and red clay loam about 26 inches thick. The substratum is red flaggy clay loam to a depth of 60 inches. 10 SOIL brush. The native vegetation on the Ansari soil lndian ricegrass, wheatgrass, and sagebrush. When range condition deteriorates, forbs ar increase. When the range is in poor condition, ble weeds and annual plants are numerous. managing grazing maintains and improves ran! tion. Mule deer, rabbit, and grouse find habitat soils. Use of this complex for community developrn a source of construction material is limited r- depth to rock, steep slopes, thin layers of borrc al, and large stones. Special design can overcc limitations. Drainage and structures to control ru snowmelt reduce erosion around construction roads. This complex is in capability subclass Vlle, r ed. 3-Arvada loam, 1 to 6 percent slopes. Ti well drained, sloping soil is on fans and high (fig. a). Elevation ranges from 5,100 to 6,200 f soil formed in highly saline alluvium derived frc stone and shale. The average annual precip about 12 inches, the average annual air tempe about 48 degrees F, and the average frost-free about 120 days. Typically, the surface layer is strongly alkalin. strongly alkaline, pale brown loam about 3 inch The subsoil is brown silty clay loam about 1 thick. The substratum is light brown or brown loam to a depth of 60 inches. lncluded with this soil in mapping are small Limon, Kim, Heldt, and Wann soils. Also inclL some soils that are high in silt. Permeability is very slow, and available wateris moderate. Etfective rooting depth is 60 ir more. Organic matter content of the surface lay. Surface runoff is medium, and the erosion h moderate. This soil is used mainly for wildlife habita: grazing, and some irrigated farming. lrrigated crops produce very poorly because takes water in very slowly and is droughty. Le: needed to remove excess salts if this soil is to b ed. Soil amendments containing sulphur are l- leaching the salt. The native vegetation on this soil is mainly s alkali sacaton, and greasewood. When range condition deteriorates, forbs an, increase. Properly managing grazing maintains proves range condition. Seeding improves rang. condition. Western wheatgrass, alkali sacaton, wheatgrass are suitable for seeding. Prep seedbed and drilling the seed are good practice ing new seedings is necessary for successful e lncluded with this soil in mapping are small areas of Detra soils and Rock outcrop. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately slow, and available water capacity is nigh. The etfective rooting depth is 60 inchesor more. Surface runotf is medium, and the erosion hazard is moderate. This soil is used mainty for wildlife habitat and limited grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, elk sedge, and bromes. When range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annualplants are abundant. Properly managing grazing main- tains and improves range condition. Mule deer, elk, cottontail rabbit, wild turkey, and blue grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by steep slopes and low strength. This soil is in capability subclass Vlle, nonirrigated. 2-Arle-Ansari-Rock outcrop complex, 12 to 65percent slopes. This complex consists of strongly slop-ing to steep soils and Rock outcrop on mountLinsid6s and sloping alluvial fans. Elevation ranges from 5,500 to 7,500 feet. The soils formed in alluvium derived from red-bed shale and sandstone. The average annual pre- cipitation is about 16 inches, the average annual air temperature is about 42 degrees F, and the average frost-free period is about 100 days. The Arle soil makes up about 45 percent of the com-plex, the Ansari soil makes up abdut gS percent, and Ro_ck outcrop makes up about 20 percent. The Arle soil is moderately deep and well drained. Typically, the surface layer is reddiih brown very stonyloam about 10 inches thick. The subsoil and substratum are reddish brown very stony loam about 22 inches thick. Soft reddish brown sandstone and shale are at a depth of 32 inches. Permeability of the Arle soil is moderate, and available wate_r capacity is low. Etfective rooting depth is about 20to 40 inches. Surface runoff is medium, and the erosion hazard is severe. The Ansari soil is shallow and well drained. Typically, the surface layer is reddish brown loam about t O 'incnes thick. The substratum is reddish brown stony loam. Bed- rock is hard, reddish brown sandstone. Permeability of the Ansari soil is moderate, and availa- ble water.capacity is low. Etfective rooting depth is about 10 to 20 inches. Surface runotf is rapid, ind 'the erosion hazard is severe. Rock outcrop is mainly red sandstone. . Tlit complex is used mainly for grazing and wildlife habitat. The native vegetation on the Arle soil is mainly wheat-grass, lndian ricegrass, mountainmahogany, and sage- 15 d.l )t- i i, d. :i. 3 v- 15 rd d. ,/g is rf ta re ta ,Q rd el )S 0iihil Rgducing brusn lmproves rtle^latrgt'' Qr'-riurrrs rrrr- ffieii"'"lsel in go91,cglggl .. :i:**-Yfli1l,"?i;fi&;;h;atgrass, and Russian wildrye are suitable for ffilngr-Frepalring a seedbed and driiling the seed are ryrffi1ff cottontail rabbit' squirrel, and wild turkev frnd habitat on this soil' li'Community development is limited by the large stones' ,,,.ilJ soil is in capability subclass lVe, nonirrigated' 'l44hilton channery loam,6 to 12 percent slopes' This deep, well drained, rolling soil is on alluvial lans and siOes ot'valleys. Elevation ranges from 5,000 to 6,500 teet. fnis soii formed in alluviu'm derived from red-bed shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost-free period is about 120 days. 'Typically, the surface layer is reddish brown channery loalir' aUolt 13 inches thick. The substratum is reddish brown, light brown, and pink very channery sandy loam and very cobbly sandy loam to a depth of 60 inches. lncluded with this soil in mapping are small areas of Begay and Morval soils. The Begay soils have slopes of 6 fo 12 percent. The Morval soils are in higher lying areas and have slopes of 3 to 12 percent' These areas ; make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 , inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and grazing. The native vegetation on this soil is mainly wheat- grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous' Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for i.;i., I The Morval soils are in higher tVinO 1931 of g to 12 Percent. These areas make cent of the maP unit' ii moOerately rapid, and availabt" .*"Yiir"oJi"t". Ett6ctiv'e rooting depth is 60 i"i"I 5r.r""e runoff is slow, and the erosion lii"i-t ,J"O mainly for wildlife habitat' limited inO totn" irrigated hay and P$sfurg, :-,.. ...1^^+ veoetat]on on this soil is mainly wheat- ndihread, and sagebrush. il;;; condition deteriorates, forbs and shrubs iiWri"n the range is in poor condition' undesira- ,: anO "nnral plants are numerous' Properly gr"=ing maintains and.. i mprov"tr.:19:, -"^o1l-ino U-rusn improves the range' Seeding im- seeding. Preparing a seedbed and drilling the seed are good practices." Mul'e deer, cottontail rabbit, squirrel, and wild turkey find habitat on this soil. Community development is limited by slope and large stones.- This soil is in capability subclass Vle, nonirrigated' 15-Chilton channery toam, 12 to 25 percent slofes. This deep, well diained, moderately steep to hilly ioii * on alluvial fans and sides of valleys' Elevation iing". from 5,000 to 6,500 feet. This soil formed in "tiriim derived from red-bed shale and sandstone' The "r"rag" annual precipitation is about.14 inches, the ir"ri6" annual air temperature is.about 46 degree.s F, anO ine average frost-free period is about 120 days' Typically, thJsurface layer is reddish brown channery toarii aooli 13 inches thiak. The substratum is reddish niown, light brown, and pink very channery sandy loam inO very- cobbly sandy loam to a depth ol 60 inches' lncludld with this soil in mapping are small areas of Begay and Morval soils that have slopes of less than 12 peicent. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is moderate' Effective rooting deplh. is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is severe. This soil is used mainly for wildlife habitat and grazing' The native vegetation on this soil is mainly wheat- grass, needleandthread, and sagebrush'- When range condition deteriorates, forbs and shrubs increase. Wh]en the range is in poor condition, undesira- Ote *eeOs and annual plants are numerous' Properly minaging grazing maintains and improves range. condi- tion. iledu6ing b-rush improves the range' Seeding im- proves range In poor condition in the less sloping areas' brested wieatgiass, western wheatgrass, and Russian *irorv" are suitable for seeding. Preparing a seedbed and drilling the seed are good practices' Mule d5er, cottontait rabbit, squirrel, and wild turkey find habitat on this soil. Community development is limited by steep slopes and large stbnes. Cut slopes should be revegetated im- mediatdly to reduce erosion and prevent gullying' This soil is in capability subclass Vle, nonirrigated' 16-Cimarron loam, 2 to 12 Percent slopes' This deep, well drained, nearly level to. undulating soil is. in nario* mountain valleys and drainageways' Elevation ranges from 7,500 to 9,OOO feet. This soil formed in allu-vium derived from basalt. The average annual precipi- tation is about '18 inches, the average annual air tem- perature is 39 degrees F, and the frost-free period is less than 75 daYs. Typically, the surface layer is dark grayish brown loam aUoirt + inches thick. The subsoil is grayish brown silty 5, al io d- a- )e ry ;h m D. cf of I 13 ;dart is brown gravelly sandy loam about 5 . The substratum is sand, cobbles, and of 60 inches. of the Atencio soil is moderate, and avail- About 15 percent of this map unit is small, isolated areas of Lazear, Tanna, and Dollard soils. These soils have only a sparse plant cover, mainly scattered pinyon and juniper. The value for grazing is very limited. The trees provide a little protection and cover for livestock and wildlife. Badland is unsuitable for community development. Badland is in capability subclass Vllle, nonirrigated. lO-Begay sandy loam, 1 to 6 percent slopes. This deep, well drained, nearly level to gently rolling soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red-bed sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost-free period is about 120 days. Typically, the surface layer is red or yellowish red sandy loam about 14 inches thick. The subsoil is yellow- ish red fine sandy loam about 10 inches thick. The sub- stratum is yellowish red stony sandy loam to a depth of 60 inches. lncluded with this soil in mapping are small areas of Olney and Ascalon soils that have slopes of 6 to 12 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for some irrigated pasture and hay and for grazing. Small acreages of wheat, barley, and oats are grown. Flooding and sprinklers are suitable for irrigating this soil. This soil is droughty and needs frequent irrigation to mature crops. Controlling the rate of water application reduces piping and erosion. The native vegetation on this soil is mainly wheat- grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, chukar, and some mule deer find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by seepage, large stones, and excess fines. This soil is in capability subclasses llle, irrigated, and 12 percent slopes. sloping to rolling soil t. cipacity is low. Etfective rooting depth is 60 imore. Surface runoff is slow, and the erosion soil is deep and well drained. Typically, layer is reddish gray gravelly sandy loam thick. The underlying layer is reddish sandy loam about 10 inches thick. The iil''is calcareous sand, gravel, and cobbles to a '60 inches or more. hOilitv of the Azeltine soil is moderately rapid, capacity is very low. Effective rooting depth is '60'inches or more. Surface runoff is slow, and the drtisliin hazard is slisht. SfnA# soils are used mainly for grazing and crops. Affif{ smatl grains, potatoes, and grass-legume hay are the main crops. ,,, Thig soil is irrigated mainly by flooding. Grassed water- ways"and minimum tillage prevent serious erosion. Cover irops. or stubble mulching in dryfarmed areas also reduce'erosion. ,, The'native vegetation on these soils is mainly wheat- grasb,' sagebrush, and needleandthread. Whgn range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Seeding improves range in poor condition. Crested ryh6atgrass, western wheatgrass, and Russian wildrye ar6 suitable for seeding. Preparing a seedbed and drilling the peed are good pricticei. Riducing brush improvei the iange. Pheasant, dove, rabbit, squirrel, and some deer find food and shelter on these soils, mainly in areas of crops. Use of this soil for community development or as a source of construction material is limited by the large stone-s..Special design is needed for septic tank absorp-tion fields because of seepage and the possibility ofpolluting ground water. This complex is in capability subclass lVs, irrigated,qnd Vls, nonirrigated. 9-Badland. This broadly defined unit consists ofsteep and very steep, nearly barren land dissected by many intermittent drainage channels that have cut into the soft shale and sandslone of the Green River Forma- tion and into the soft shale and siltstone of the Wasatch, Mancos, and Mesa Verde Formations. Badland occursthroughout the survey area, mainly on steep foothills and mo.untainsides that have outcrops of shale or sandstone. _,About 85 percent or more of the area is unvegetated.lhe water erosion hazard is very severe, and erosion is active. lVe, nonirrigated. -, i J,'' ili it.f ' lJi!,..,'.,lii,i' il: it'l- ll'.:. I ' II j SO14 I.is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red-bed sandstone and shale. The average annual precipitation is about 15 inches, the average annual air temperature is about 48 degrees F, and the average frost-free period is about 120 days. Typically, the surface layer is red or yellowish red sandy loam about 10 inches thick. The substratum is yellowish red stony sandy loam to a depth of 60 inches. lncluded with this soil in mapping are small areas of Olney and Ascalon soils that have slopes of 6 to 12 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is moderate, and the erosion hazard is severe. This soil is used mainly for irrigated pasture and hay and for grazing. Flooding and sprinklers are suitable for irrigating this soil. This soil is droughty and needs frequent irrigation to mature crops. Controlling the rate of water application reduces piping and erosion. The native vegetation on this soil is mainly wheat- grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. properly managing grazing maintains and improves range condi- tion. Reducing brush is often necessary to improve dete- riorated range. Seeding improves range in poor condi- tion. Crested wheatgrass, western wheatgrass, and Rus-sian wildrye are suitable lor seeding. preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, chukar, and some mule deer find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by large stones, seepage, and steep slopes. This soil is in capability subclass lVe, irrigated and nonirrigated. 12-Bucklon-lnchau loams, 25 to 50 percent slopes. These moderately sloping to very steep soils areon ridges and mountainsides. Elevation ranges from 7,000 to 9,500 feet. These soils formed in sandstone and shale residuum. The average annual precipitation is about 18 inches, the average annual air temperature is about 40 degrees F, and the average frost-free period is less than 75 days. The Bucklon soil makes up about 55 percent of the map unit, and the lnchau soil makes up about 35 per- cent. The Bucklon soil is on the more steep, convexparts of the landscape, and the lnchau soil is on the slightly concave parts. The Bucklon soil is shallow and well drained. An or-ganic layer is on the surface in some areas. Typically, the surface layer is dark grayish brown loar inches thick. The underlying material is da brown clay loam and grayish brown loam inches thick. Shale and sandstone bedrock is of 15 inches. Permeability of the Bucklon soil is slow a rock. Available water capacity is very low. Effe ing depth is about 10 to 20 inches. Surfacr medium, and the erosion hazard is severe. The lnchau soil is moderately deep and wt An organic layer is on the surface in some a cally, the surface layer is grayish brown loa inches thick. The upper part of the subsoil is ish brown and yellowish brown clay loam inches thick, and the lower part is yellowish b elly clay loam about 18 inches thick. Sand shale bedrock is at a depth of 36 inches. Permeability of the lnchau soil is moderate e rock, and available water capacity is moderate rooting depth is 20 to 40 inches. Surface medium, and the erosion hazard is severe. lncluded with these soils in mapping are sm. Cochetopa, Cimarron, and Jerry soils. The and Jerry soils have slopes of 25 to 50 pe Cimarron soils are in small drainageways slopes of 2 to 't2 percent. These areas make percent of the map unit. These soils are used mainly for wildlife h limited grazing. The native vegetation on these soils is mair oak, elk sedge, and bromes. When range condition deteriorates, forbs a increase. When the range is in poor condition bluegrass, undesirable weeds, and annual plai merous. Properly managing grazing maintain proves range condition. Mule deer, elk, snowshoe rabbit, squirrel, grouse find habitat on these soils. Community development is limited by ste, depth to rock, and low strength. This complex is in capability subclass Vlls, ed. 13-Chilton channery loam, 3 to 6 perce This deep, well drained, gently sloping soil is fans and sides of valleys. Elevation ranges fro 6,500 feet. This soil formed in alluvium derivec bed shale and sandstone. The average annua tion is about 14 inches, the average annual ai ture is about 46 degrees F, and the average period is about 120 days. Typically, the surface layer is reddish browr loam about 13 inches thick. The substratum brown, light brown, and pink very channery s and very cobbly sandy loam to a depth of lncluded with this soil in mapping are sma Begay and Morval soils. The Begay soils have Lffll" :I,I{lts" ult[L![tf]$t![!1[r[''' HJt i';;-i i blos o a.ao GRRFIELD couNrY c0 Bp ecial f,il$a rrant U lksrl Clrlrrlcs.lost-ph'l-crlcrll, (lnrrtlor', rvl)os(: ;rtlcllr:ss i.s llilI Crun(v Roaci 2.11, Ncwcrts{k:. Crlunil,oi'Giti'l'iciri. St,i{c. o!'Colrlr';iijo li1647, lirr thc consirlcratiorr ol' '['cn [)ollar'.s. in hunci pairl, hcrcl-ry.scll.s and cor.rvcy.s to Charlcs J. 'fcrlcll,'ftt.stcc. or his succc.s.sut's itt Irrrs{. unclcr thc. CIIAIII-ti,S J. -llrllljl,l- I-OVINC't'RUST, clatcd April 2, 19<) l, antl atry ;rnrcnclnrcnt.s thcrcto, wliic:lr ]ras tlrc lcgal addrcss ol' 181 1 County Road 24 [ , Ncwcitstlc, County ol- Ciarl'icld, Statc ol' Coiorrrlo lt 1647, all hi.s right, titlc and intcrcst itt urtd to tltc lirllo',ving rcal propcrty in thc Counl.l,ol'Garl'iclcl, Statc oIColorado, to rvi(: All that portion olthc Northca.st Quartcr (NIl 1/4) ol'Scction T'hirtccn (13), 'I'ownship Irivc (5) South, [iangc Nincty-onc (91) Wc.st ol'thc Sixtlr ((rth) Principal Mcridian, lying anrl hcing llast of that ccrlain l'cncc whic:h cxtcttcls in a gcncral North and S<lrrtli rlirr-'.s1lop ancl which l'cncc is ,situatcd hctrvccrt Erir.st Irlk Cjrcok, a.s .suid Cour:ty Iload i.s llow .survcycd, plattctl and built. Thcrc is hcrchy corrvcycd a right ol way, .saicl right ol way bcittg 20 l'cct irr u,idth and cxtcnding in a 11,-rnt-'.r'al lla.st and Wc.st clircc{ion ll'om thc lartd.s hcrcin ct)nvr.),cd to W.J. '[i:r'rc'll arrd Anna C. -l'crrcll, to frast EIk CI'cck in Garl'iclti County, Coloracio, .said riglrt of way bcing situatctl approxintatcly 3ll rods North ol'thc South linc ol thc Northcast Qlrartcr (NI1 l/4) ol' Scction 'lhirtccn (13), 'lirwn.ship l.-ivc (5) South, Ritngc Nincty-ortc (!)l) Wc.st ol'thc Sixth (6th) Principal lvlcridian. 'I'hcrc is al.so hcrcby cotrvcycd all ol'grantor''s right, titlc and inicrc.st in ancl to lhc Picr.son and Irarris Ditch taking rvatcr llnrn lra.st. Elii Crcc:k in Watcr Di.stlict No. 39, said ditch hcilrg No.90A with Priorit),No. l-56A. Thcrc i.s al.so cilttvcycd t onc-thircl (l/3) irrtcrcst in and to thc watcr right clccrccd to Picr.son anrl Fat'ri.s Ditc:h taking watcr ll'om lla.st lilk Crcc:k ilt Watcr Di.strict No. 39, s&i(l (litcrh hcinr No. 90A. rvith Prioritl, No. 15{rA. A.lr;o, an5' anci ali othcr ditch und wirtcr rights hcltrnging to, u.scd upon or in c:onncction with thc land.s ahovc dcscribctl; Suhicct to taxc.s and asscssmcnt.s lirr 199(r atttl priol'ycal'.s, I'csl.r'ictiorts aticl rc.scrvatiilrrs oIrccord, i['uny; iur.y Lrascrncl)L.s ancl rights ttl'u'ity cxi.slirtg or of rcc:orcl, Also knor.r,n by.strc:ct anil rruntlrct.as: [[ill Cloultty I{oad 24[, Ncrvcltstlt:, Colurado t\|641 \\/ith all it,*i appurtcllatlccs, and n'arllnt..; titlc to thc srtmc aguinst all pcr.sotts clitilltittg ttnclcr Grautur. sLrhlcct to: Taxcs ancl assc.ssnrcnts for this and srrhscqucl)t ycars; c.ascntctlts ltttd light.s ol'',vay, cxi.sting or ol'rccorrl; riglrt.s ol any partics ttttt sirowtt hy puhlic t'ccol'tls, rcscrvatiorr.s. rcslrictic)n.s, c()\'clliltlts, lrtltI lca.scs ol'rccclrd. Signcd this 20 day oI July, 19!)8. INo tlgcttrrrcriuryfae rerluited. At'tttttl cort,siderulbn.for thi.s crtrwelurl('c 11'(.t lt:ss tlrtrrt Ji-t(,Y).i 5 i ..\.-Iir oir tloL()i{,^rD( ) Ccluxrv ot: BoLIi-DliR 'l'lrc lirrcgoirtg instntmctrt Charlcs Jo.scph T'crlcll. was ackuowlcrdgcd bclirrc mc olt thi.s 20 clay ol' .ltrly, 199ti by _rl g / /ttt r leS J Tarr6ll ,ii,- e- F-l zv t1[o-,<: 0&a. ,,Ao /)'b I i rtyy ctt .ll.r51tcitt t t.t, y. r.. Ndtary Puhlic 4 )t-10 M,tuttoitr'l/ieu.,.l1tt(nu(, Loil,ti{ltt0trt, (olor,tlit 8()5()t + Ilt0tt( -1()-l 77t,'4045 )Lq,7 ii li 1 a Tnrs Dnrn, Made tuis 2nd. year of our Lord one thousand nine hundred and between 74s3 of the }dELVIN J. HEATHERLY Colorado, of the firet part, and 1[. J. TER,R.ELL of the Colorado, of the sccond part: WIINESSETH, That the said part y County of Garf1e1d,snd State of and ANNA C. TERRELIT County of Garf ie1d. and Stst€ of of the first part, for and in consideration of the sum of day offorty-six Forty-five Hundred - - -($4loo) --DoLLARS' to the said part y of the first part in hsnd paid by the said parties of the second part, the receipt whereof is hereby confess€d and acknowledged, he S granted, bargained, sold and conveyed, and by these preaents do€Sgrant, bargain, aell, convey and confirm unto the said parties of the second part, not in tenancy in common but injoint tenancy, the aurvivor of them, their assignr and the heirs and assigrra of such gurvivor forever, all the follow- County of A11 that portion of the Northeast Quarter (uu*1 of sec-tion Thirteen i ri) 1T;;i' ;i",iIii,lf;.tttiy ilili.{3},'fiElta,:filui,linetv-one ]geing East_of that certa.in fence which extends in a generalldorth and South <lirection and which fence is situate betweenEast E1k creek_ang 1!_" light of way of the county Roadr ex-tend.ing a.1ong East E1k creekr &s said.0ounty Roa.d. is Dow sllp-veyeC, platted and bui1t. ing deecribed lot S or parcel S of land, situote, lying and being in the Gaf f i eld- and State of Colorado, to-wit: - There is hereby-conveycd a right of way, sald right ofvray.being 20 feet in inriAtir and extending in a gu"."rf East.and lvest direction fronr the la.nd.s, herein conveyed. to lv. J.Terrell and Anna. C. Terre1l, to East Elk Creek in Garfield Countcol orado r sa icL right of nray - being situat e a.poroxirlrnieiv -zs "odn -.'"i ItTorth of the. Sorrth line of the Northeast Qubi'i;er (ue6;"o1 sectior,liThirtegn, Jtj)_, rownship Ftve (5),sortr., nd;i; Nir"iylb""- f gii"t"'jirlest of the-3ixth (6tt) Princifial'ltreridian. There is "i.i'i,[,""trllconveyed a.11 of grantorsl right, title and interest'in a.nd.to the Pierson and Harris Ditch taking water from East ElkCreek in lfrater Distrlct No. 19, said Aitcir being No. 90 Ayit!.Priority No. l.56 A. Th;ie is also conveyed a one-thlrd.\L/5) interest in and to the wa.ter right decrecd. to pierson and Harris Ditch taklng water from rast Elk creek 1n lTaterDigtrict No, 39, said ditch being No. 90 A, with priority No. +56 +. Alsor- iry and all other Eitcr, ind. water rlghts nbroni-ing to, used. upon ox in connectlon with the 1ands ibove v described. r-.y::if;iii'ili9l, liT:X::t fl'3rlnfi';:;;i'},:l ;i.:lli *iEf;i.in connection with said. 1and"s. TOGETHER with all and singular the hereditaments and appurteuances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; an6 all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first parb, either in law or equity, of, in ancl to the above bargained premises, with the hereditaments and appurtenanceg. )vl No. 86 Doc. ttL57427 W. J. Terrell and Anna C. Terrell to Public Trustee, Garfield County, Colorado IEED_OI rRrJSr Dated May 2, L946. Acknowledged l{ay 2, L946 before Adelia M. Anderson, Notary Public, Garfield County, Colorado" Consideration $3500. 00. oo noJ oo o'(, z a 6. o o oo!z ldJ o iz 0-t oo Fu t Fo E Fz f oo oJ UI i. u Ur F Conveys: A11 that porEion of the NE{ of Section 13, Tp. 5 S., R. 91 W., 6th P.M., lying and being East of that certain fence which extends in a general North and South direction and which fence is situate between East Elk Creek and the right of way of the County Road, extending along East Elk Creek, as said County Road is now surveyed, platted and built. There is hereby conveyed, a right of way, said right of way bei 20 feet in width and extending in a general East and West directbn from the lands, herein conrzelraddto East Elk Creek in Garf ield County, Colorado, said right of way being situate approximately 38 rods North of the South line of the NE* of Section 13, TP" 5 S., R. 91 W., 6th P.M. There is also hereby conveyed all of Grantorst right, title and interest in and to the Pierson and Harris Ditch taking water from EasE Elk Creek in Water District No. 39, said ditch being No. 90A with Priority No. 156A. There is also conveye a one-third (L/3) interest in and to the water right decreed Eo Pierson and Harris Ditch taking water from East Elk Creek in Water District No. 39, said ditch being No. 90A, with Priority No. 1564. Alsor af,Y and all other ditch and water rights belongingnto, ileed upon or in connection with the lands absve described. Except mineral ,reservations appearing in deed to grantor. In trust to secure Grantorst note bearing even date herewith payable to John F. Collins, whose address is Glenwood Springs, Co due on or before four years after daEe, for the principal sum of $3500.00 with interest thereon from date thereof until paid, at 5% per annum, interest payable annually. Filed for record May 28, L946 at 2:55 otclock P.M., and recordedin Book 2L5 at page 353 thereof. ra( COLORADO DIVISION OFl. ^ERRESOI'RCESDEPARTMENT OF NATT]RAL RESOURCES 1313 SrrERlr,rAN ST., RM.818, DEIwER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 NEW 35 + ACRE RESIDENTIAL Water Well Permit Dleted in I ication 1 . APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name of applicantRichard Terrell EA. Ordinary household purposes in up b 3 single-family dwellings, tte watedng of domestic animals, and the inigation of not more tran one (1) acre of home gardens and lavuns El B. Livestock watering (on farm/ranch/rango/pasturo) Mailing Address SO:f-335 rd. +258 City New Castle Strtc CO Zip codc 8t647 Telcphone Numbcr (includc arca codcl 970-984-2860 7. WELL DATA MAXIMUM PRODUCTION RATE OF THE WELL SHALL NOT EXCEED. 1 5 GPM2.TYPE OF APPLICATION CONSTRUCT A NEW WEIL ON A TRACT OF LAND OF 35 ACRES OR MORE 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM f Septic tank / absorption leach field E Central system District namo:3. REFER TO (if applicable): Monitoring holc .ckmwlcdgmcm t MH- 34510 E Vault location sewage to bc haulcd to: EI Other (attach copy of cnginccring dcsign) 4. LOCATION OF WELL County Garf i e1d Ouartcr/qurrtcr NE. 1t4 Ou!rtcr NE 1A 9. PROPOSED WELL DRILLER (oprtonal) Namo I,[ild Cat Drilling Liccneo numbcr L2B4Seetion 13 Township [l or Ss trE Rangc E or W e1 trE Principal Moridian 6rh 1O. SIGNATURE of applicant(s) or authorized agent Distancc of wcll from rcstion lincs 1050 *.--ElEs 500 r,r--nrEw The making of false statements herein constitutes periury in ttte second degree, whictt is punishable as a dass 1 mis- demeanor pursuant to C.R.S. 244-1O4l13Xa). I tuve read the statements herein, know ttre conterts thereof and state trrat they are true to my knowledge. Wcll location add]I'ec, if diffcrcnt from applicant addrsss (if rpplicablc) 1811 Co. rd. 24L New Castle, Co 5. TRACT ON WHICH WELL W|LL BE LOCATED Muatbe"HZ,.A<r--n/V A. ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT E Development Name Lst no. E other Unh # Appl i cant Trtlc Drtg tL-20- 9 8 DIV -co_ wD_ BA- USE MD Office Uee Only I own uaP tlo. B. STATE PARCEL lD# (opdonalt: C. # acre in trct 35 D. THIS WILL BE THE ONLY WELL ON THIS TRACT Form GWS-50 (l2l9s Method of Sewage Disposal I will be using a concrete septic tantri of appropriate size and an infiltrater absorption leach field. Narrative of Explanation of Reason for Exemption The reason that I, Charles Terrell, am requesting an exemption of my land is so that I can give some tand to m1' son, Richard Terrell, to put a house on. Respectfully, Charles Terrell Burning Mountains Fire Protection District Box 236 silt, co 81652 Board Ross TalboB - Chairman Joe Montover Norm Brown Tom Voight Gordon Witzke Doo Zordel - Chief Stu Cerise - Assist. Chief Octoher 8, 1q98 SLIBJECT: Terrell Exemption TO WHOM it MAY CONCERN: This is to intbrm you that the property owned by Charles J. Terrell on24l Rd. The NEl/4 of Section Thirteen, TS5S, RqlW of the Sixth Principal Meridian is within Burning Motrntains FPI-) and we do provide fire protection to same. It should be noted at this time that the distance tiom the fire stations will cause some delay in response timc. Also there should be no special problems caused fiom this exemption. THANK YOU: /,l-,*4X Donald L.Zor Burning Monnt lO{rief fns FPD