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HomeMy WebLinkAbout1.0 ApplicationPRELIMINARY PLAN APPLICATION ADDITIONS AND REPLACEMENTS FOR THE ROARING FORK PRESERVE GARFIELD CO UNTY, COLOR-ADO HCE JOB NUMBER: 2000039.01 January 23,2001 Prepared for: Roaring Fork Preserve, LLC c/o Dave McMorris P.O. Box 1360 Basalt, CO 81621 Prepared by: High Country Engineering, Inc 923 Cooper Avenue Glenwood Springs, CO 81602 I I I I I I I I I I IIItItIt TABLE OF CONTENTS Preliminary Plan Requirements Application Form Letter of Application.................... Land Design Partnership Title Policy American Land Title Association Robert B. Emerson, P.C. Zancanella & Associates, Inc. High Country Engineering, Inc. Mineral Rights.. Water Supply Plan ISTS Management Plan Traffic Report/Impact Fees .... High Country Engineering, Inc. Drainage Report Wetlands Report Geotechnical Report Wildlife Report Protective Covenants Revised Preliminary Plans....... High Country Engineering, Inc. Beach Environmental, LLC Hepworth-Pawlak Geotechnical, Inc. Beattie Natural Resources Consulting Bob Emerson High Country Engineering, Inc. klwpu00o\0l91prcconls.uPd GARFIELD COUNry PRELIMINARY PLAN REQUIRMENTS ROARING FORK PRESERVE SUBDIVISION The following outlines each element of the subdivision regulations and notes generally where this information can be found in the application. REGULATION REFERENCE SECTION NO. DESCRIPTION LOCATION 4.50 4:50 A 4.50 B 4.50 C 4.50 D 4.50 E 4.50 F 4.50 G450 H 4.50 I 4.50 J 4.50 K 4.50 L 4.50 M 450 N 4.50 0 4.60 4.60 A 4.60 B 4.60 C 4.60 D 4.60 E 4.60 F 4.60 G 4.60 H 4.70 4.70 A 4.70 B PRELIMINARY PLAN MAP Name of Subdivision SHEET # 1-5 Date etc. SHEET # 1-5 Boundary & Legal SHEET# 2 Names of Owner, Eng. Etc SHEET # 1VicinityMap SHEET#1&2 Adjacent Properties SHEET # 2 Lot Areas SHEET # 2Easements SHEET # 2Setbacks SHEET # 2 Land Use Summary SHEET # 2 Existing Conditions SHEET # 3 Common Open Space NiA Public Land Dedication SHEET # 2 No school site or public lands to be dedicated. School impact fees will be paid per county regulations. Street Grades SHEET # 3 Existing Easements SHEET # 2 ADDITIONAL INFORMATION Terms of Dedications COVENANTSPhasing N/A Final platting and construction will be done as one phase. Evidence of Access SHEET # 2 Off-street Parking N/A No non single family residential uses proposed. Soil & Topographic Hazards HP GEOTECH REPORT Radiation Hazard HP GEOTECH REPORT Title CommitmenUDeed TITLE POLICY Sectional Subdivision N/A SUPPLEMENTAL INFORMATIONGeology HP GEOTECH REPORTSoils HP GEOTECH REPORT & SCS MAP & TABLESVegetation BEACH ENVIR. REPORT4.70 C I I 4.70 D 4.80 4.80 A 4.80 B 4.80 C 4.80 D 4.90 4.91 4.91 A 4.91 B 4.91 C 4.91 D 4.91 E 4.92 4.92 A 4.92 B 4.92 C 4.92 D 4.92 E 4.93 4.94 Wildlife DRAINAGE PLAN Existing Water Courses Tributary Areas Tributary Flows Design of Drainage Facilities UTILITY PLAN Water Supply Rights, Quality & Quantity Central Supply Existing System lndividual Supply Augmentation Plan Sanitary Sewer Public Sewer Central Treatment Existing District lnd ivrdual Sewage Disposal ISDS Management Plan BEATTIE WILDLIFE REPORT SHEET # 3 DRAINAGE REPORT DRAINAGE REPORT SHEET # 3 ZANCANELLA LTR. N/A N/A ZANCANELLA LTR. ZANCANELLA LTR. N/A N/A N/A ENG. REPORT ENG. REPORT UTILITY & ROAD PLANS SHEET # 3 OFF-SITE ROAD IMPACT FEE T:8.D. I I t I I I I I I I I IIIIIIIt Sketch Plan Preliminary Plan _X)O(XXX_ Final Plan SUBDTVISION APPLICATION FORM SUBDMSION NAME: ROARINC FORK PRESERVE SUBDIVISION OWNER: Roaring Fork Preserve, LLC ENGINEERPLANNER/SURVEYOR:. Planner - Land Design Part.; Engineer/Surveyor - High Country Eng., lnc LOCATION: Section:35 & Section 36 Township:7S Range: 88W WATER SOURCE: Individual wells for each lot protected by Basalt Water Conservation District Contsact. SEWAGE DISPOSAL METHOD: Individual on lot disposal system PUBLIC ACCESS VIA: County Road 100 EXISTING ZONING: Agriculture / Residential / Rural Density EASEMENTS: lr gation ditch TOTAL DEVELOPMENT AREA: (l) Residential Single Family Duplex Multi-family Mobile Home (2\ Commercial (3) Industrial (4)Public/O uasi-Public (Road ROw) (5) Ooen Soacr / Common Area TOTAL: PARKING SPACES: Residential 45 Commercial lndustrial N umber Acres 9 plus 4 accessory dwellings 8 0 0 0 86 0 0 0 Floor Area 0 0 Acres 0 0 3.E5 90.03 I I I I I I I I I I I IIIIIIIt LAND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO 81601 97 0-945-2246 I Fax 970-945{066 Mark Bean Garfield County Planning Dept. 108 8th Street Glenwood Springs, CO 81601 Re: Roaring Fork Preserve Subdivision Preliminary Plan Application Dear Mark: Attached herewith is the Preliminary Plan and Supplemental lnformation as required for preliminary subdivision review and a check for the application fee of 9675 for the above referenced property. Also enclose is a check for the Colorado Geologic Survey review in the amount of $595. The proposed subdivision property is 90.03 acres in size located on the north side of County Road 100 about 1 .5 miles east of the Town of Carbondale. On behalf of the Roaring Fork Preserve, I request that this application be reviewed for completeness in accordance with Garfield County Subdivision Regulations. The following is offered as a supplemental introduction to the preliminary plan application. LAND USE SUMMARY: Existing Zoning: Total Developrnent Area: Total Number of Lots: Total Number of Dwelling Units: Agriculture / Residential / Rural Density 90.03 acresI Primary Units 9 Accessory Units 4Total 13 Total Area of Non-residential Floor Space: 0 Total Number of Dwellings per Structure: one + one accessory unit on four lots (Lots 5, 6, 7 & 8). Total Number of Off-street Parking Spaces: 45 parking spacesDensity: 6.93 acres per dwelling unit including all possible accessory dwelling units). 10.0 acres per dwelling with no accessory units 1 January 23, 2000 I t I RELATIONSHIP TO THE ROARING FORK VALLEY COMPREHENSIVE PLAN The following describes how the proposed Roaring Fork Preserve Subdivision is in general conformance with the new Garfield County Comprehensive Plan for Study Area I as identified by Section lll Goals of the Garfield County Comprehensive Plan dated September, 1995. Section lll-1 .0 Public Pafticipation Goal: An integral pad of County land use planning is the oppoiunity for citizens to be involved in a// phases of the planning process. The project proposal will be reviewed at two publicly noticed hearings at which the public will be given the opportunity to comment on the proposed project. Section lll-2.0 Housinq Goal: To ensure the availability of housing including affordable housing in the County where in shott supply, subject to regulatbns, which ensure safety, appropriate site desrgns, compatibility, and protection of the natural environment. The proposed division creates lots that are compatible with the residential uses found in this region east of Carbondale. Approval of accessory dwellings will create the opportunity for greater housing diversity. Section lll-3.0 TransDortation Goal: Ensure that the County transportation sysfem ls safe, functional, appropiately designed to handle existing and future traffic levels, and includes options for the use of modes other than the single-occupant automobile. Direct access to County Road 100 affords easy access to the Town of Carbondale and the signalized intersection at Hury 82 at Catharine Store. Section lll-4.0 Commercial and lndustrial Uses Goal: Commercial: Garfield County will encourage the retention and expansion of convenbnt, viable, and compatible ammercial development capable of providing a wide variety of goods and seruices to serve the citizens of the County. No commercial uses are proposed. Carbondale commercial services are located within 1 % miles of the proposed development. Section lll-5.0 Recreation and ODen Space GOAL: Garfield County should provide adequate recreational opporlunities for County t I I I I I I IIIIItIt 'l resdenfs, ensure access to public /ands consrbtent with BLM/USFS policies, and preserve existing recreational oppoftunities and important visual conidors. The spacious lots will meet many of the recreational needs of the developrnent residents, The property does not control access to any public lands. Section lll-6.0 Aoriculture Goal: To ensure that existing agricultural uses are allowed to continue in operation, and *compatibility issues are addressed during project reviews. lrrigation practices will continue on the property and buffers have been shown between building envelopes and the most active adjacent ranch uses. Section lll-7.0 Water and Sewer Services Goal: To ensure the provision of legal, adequate, dependable, cost effective, and environmentally sound sewer and water services for new development. With forethought for properly engineered sanitary leach fields the site will accommodate individual disposal systems with minimal risk to ground water. See the Engineer's Report for details regarding criteria for individual disposal systems. Water is readily available from the alluvial gravel of the Roaring Fork Valley floor. Sectionlll-8.0 NaturalEnvironment Goal: Gaffteld County will encourage a land use pattem that recognizes the environmental sensitivity of the land, does not overburden the physical capacity of the land, is in the best interesf of fhe health, safety and welfare of Gafield County. The proposed access road and building sites are positioned to minimize conflicts with wetlands. The U.S. Army Corps of Engineers has issued a permit for the crossing of wetlands by the main access road serving the project. The Corps of Enginee/s letter is included in this application. No developnrent is proposed within the floodplain. Section lll-9.0 Natu ral Resource Extraction Goal: Garfield County recognizes that under Colorado law, the suiace and mineral ,nlerests have certain legal ights and privileges, including the ight to extract and develop fhese r,hferesfs. Furthermore, private propefty owners also have ceftain legal ights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse land use impacts mitigated. The site lies over potentially valuable gravel resources but the limited size of the property and surrounding residential uses would make it very difficult to extract this resource. J Section lll-10.0 Urban Areas of lnfluence Goal: Ensure that development and overall land use policies occuning in the County that will affect a municipality are compatible with the existing zoning and future land use objectives of the appropiate municipality. The property located on the easterly edge of the Carbondale Urban Area of lnfluence Section lV METHODOLOGY Purpose and Applicability of the Comprehensive Plan Land Use Map: This section identifies the property as being within the Low Density Residential Land Use District. This district proposes one dwelling unit per 10 acres or more. The density of the proposed division without accessory dwellings is 1 dwelling per 10.0 acres. lf each of the four lots proposed to allow accessory dwellings did so, the gross density would be 6.93 acres per dwelling. The proposed lot sizes are generally consistent with the parcels along Rose and Willow lanes a short distance to the west of the property. The accessory dwellings would add an element of diversified housing that is encouraged by Section lll-2.0 of the Comprehensive Plan. lf you have any questions or desire any additional information please call me at the above referenced phone numbers. Sincerely, Ronald B. Liston 4 TITLE POLICY T T I I I t T I I I I I t I I T T T I DEC. E. eAeE 4t dTPn EHG: 97A 953-6S5 N.o.a ? =,?/4 POUCY OF 1TrLE MIURAI{CE SCHEDULE A Amount cf hsuranca: 11,778,000,00 Prrmium 32,483.30 Poilcy No A80{2a813 File No. 00020,l I Datc of Polioy 24TH DAY OF APRIL 2000, AT 7:59 A,M, 1 . Nam6 6f lflglla.d ROARING FORI( PRESER\E, LLC, A COLORADO UMITEO LIABILITY COMPANY The Ertsto of lnrrce in tho land d.!s1b.d hc n and whtch 13 covsrEd by thl! pollcy 13 Frr slmdc .nd is st ths d6to of Folls, v.stGd ln: ROARING FORK PRESERVE, LLC, A COLORADO UIIITED LhAIUTY COiIPANY 3 'l-hc land rofand to in this policy i3 drsqlbcd ln the srid in$rum9rt, iB situd.d in lhr county ot Grr{eld, Stat! of Colcrado, lnd ls ldBnulled as fotlo6: SEE EXHIBM NA" ATTACHED TIERETO AND MADE A PART TIEREOF Cou ntsrslg n.d: f 0r Aoctll drh MrPAl0 AITA Offirf. Po{!v ('1s17€) For t 19OZ Bdr.&b A u E E E E E tac DEC. 8.?A@ 4:eEPF EHG: 97e 963-A385 N0,e47' ?.3/A Policy No. A80624813 FIh No. 00020{9 EXHIBIT "A" A p.tcel of l6nd lituatDd in Govemmenl LoE 12 and 13 in Scction 35, anC in GovEmm.nt L.ot 14 and 16 in Section 36, Township 7 6outh, Range 88 Wost ot tho Slxth Principrl M.ridhn, Courrty ot Gaffield, stab of colorado, said parool lying noith€rly ot $o north.rly dght.ot.wry c,f Gtrrlrld county Road No, 100, .nd b.lng morr partlcularly d.scrlbod a3 tollouls: Beginning at ths North right.of-way line of Garflold County Road No. 100, from which tho witncs€ comer ior t lc South quartar comcr of Sqqtion 35, r No. 6 rrbar found in placc bcall South 8'l "49'57' Wrst 1416,62 i.rt (r.co(rl tie: South 61c55' West 1417.05 leet); thenct rlong raid rlefit of,way Sodh 87e26'17t'E83t 8 dlst.ncc of 12511 leet; thenoe along llld rightof.way South 86otS'41" Eart a di.Unco of 154.64 fst; tt€nce along oald rieht of+lray North 88"4t'26" Etd. Clrtrnce o1310,37 fertto thc TRUE POINT OF BEGINNING; thcnc. Noilh 0t.14'34" W..t e disttnc€ ot 1206.34 frt to r r|btr.nd ciP, PLB f26960; thengo North 67o39'.14" W..t r dl.ttnc. of 478,5E lbot to a polnt on rn .rl3tlng fonoctinc bcing iliblr rnd cap, pLS #l6gt0; th.n6 rlong raid fonellne Noltt 00"40,0r,' Er* . distahos of 410.00 lbst to a nebar and oap, pls *259t0t th.nc. soutfi 66cte,47,, Erd I dlrtrncr ot 38S.37 toet to a n6bar and oap, PL6 f2695oi thenoo Fouth 10,11,47" Er.t . di.tmc€ ot Ez,gt f..t !o t rcbtr rnd cap, PLs *26950; th6ns Soutl 83"0901r Eart I dlltinc. of 155.56 flot to e rqba; and crp, PLE ,26960i thcnoe Nofth 511?15" East a dlrtrnc. of tSt,6a fl.t to 8 ntbrr and crp, PLS *28e1rc; thonae Sot th TgozEAz Eait a diltrncc ot 277,16 ttot to r llDar and oap, PLS *28080; th.nc. South 65"19'0t' Erat I didrnc. ol 252.12 teatt!. a rcb8r and cap, PLS i260S0; thance South EgoEE'oe" East r distrnc! ol 420,28 lrol lo a rrb.r and cap, PLS 126950: thencg North 30e2?30" Eart ! dirtrnc. of 251..13 l6et to a rcbar and cap, Pt S #!8950; thanct North 72od4'2t" East a di.trnc. ol2Ca.03 frrt to r rebar and oap, PLS #25950; lhence North a di3t nc| of 710,00 ftct to a llhrr and crp, PLS il28050; tfirncr North 80o5il'48n Eart a dirtrnoc of 600.00 fel to a nbrr rnd cap, PI.g 11&+78 rt the Notthotlt cornr of Oovrmm.nt Lot 14 in Srctbn 36; thcncr Soutl 00018'36" East r dirtrncr of 67.1,02 f6€t to the South[rt Comrl of Govamrrnt Lot 14, rlro b.ing tho Nodhcllt corfl.r of Gowmmont Lot 15i thoncr South 0P18't{!' Erst r di$rnc. of 1413,08 ft1 rlodO li. cr.t6dy linE of raid Clov.mm.nt Lot 15, t0 th. North...t coltt.r ot thrt parcol of land dGoorlbod lin Eook 7ql rf Prg.727; thcnGo tha lbllowlng tan (101 couGcE llong thc north.rly rnd w.5t rly llnae ff thos€ parcob o? hnd d€crlE d ln Book 783 8t P.e.727 and ln Book 785 at Page 03S of the Gailcldrcounty Rrcordr: I l) South 2?Oa'Xt" Welt 2e78 fEcr; 12) Sou$ 029SE'.iO' W.!t I t 5.2C f6!t t3)Scuth 7806$17' W.rt 2jtr.50lLot f4) South 8lot0'97' Wost 269.62 f.rt; rO ibilh 8loa7,1 I'Wcst 67,60 tcct; I 6) i|orfi ',4,tEl'g8n tlbrt 88.05 fcct; 1[ Norfh &{o42'56' Wcrt I l{,68 ficct; 1 8) Sonth 700021,17' Wal {20.8t 'crt;1 0) Nonh 87"21'11" Wod 2117.54 lbot; 20)Sorrth 15o23''16'Wot 192.83 f..t to the northdrly rightd-wry cf clrfl.ld County Road No, 100; lhanca along tlld righhofaray South 08",18'26'i t lort . di.tanoe ot 1028.89 ft t to thr TRUE PONT OF BEONNNG. I T T T E E I l I T t T T I E tl I I DEC. 8. a0&' 4 | 6Pr,1 EHG| 97e 963-@S5 NO.A47 ?.4/4 Follcy No, A60{2.1611 Flle No. 0002t13 SCHEDULE B TniB Policy do6s not in6urE .gain61 loss or dsrnsg€ by oa6on of th€ followhgi1, Riglns orohims of parti.s in po$rccion rEt shotyn bylic public recods.2, Eascmortg, of drlms of cescmonls, not shown by tho public records,3. DlsereFandes, contllds ln boundery llnes, short{o h arae, rncroachments, and any f8cr,s, whlcl a corad survoy rnd inspedion of thE pr6milas u,ould disdogc, and which rn not sholrn by the publio rccordg, 4. Any lion, orflghtlo s lio[, lbr6eNi@s, labol or matofiat horetofotr or hcrEifier fumish€d, rmpolad byllw.nd not sho n by th. publlc Ecords.5, Unpatcntfil minh0 clrlmB; GscNltlons or E(ogptbnr in pstontg or in ads authorlzlrE thc i$ulneo lhereof. E, Any and rll unD.il lax€E, asrosSmcflS and unrad.imad tilx rtlar. 7. Any lien orchlrgc on lcoount of th. indusion of subject prop.rty ln an lmprovcmcnt dlstflcl 8, Right of Slc proprietor of E voin or lode b e)dract and omow hi6 orr lh.mf!m, stlould thc temo be found to panctrrtr or intrGrd th. pr€misao her€by glanbd, and a rlght of wty lor dltch€3 or canals at construclsd by th€ authorlty of th. Unll.d Sutcr, ri rcreivcd ln Unibd St t.s Plttnt ncodod Jun€ 1, 1899 h Eook 12 at Page 51 '1. 9, Right ot way casement orarted b the Mounlain Statm Tcrcphooe end Telegraph Comprny in instrumcnt rroordcd Novcmbcr "19, '1970 in Book 415 at P.ge 97. 10. gxry foot roed ea6ement convayod in deed recorded Deccmbor 30, '1999 ln BooK 1 166 tt Pa€3 920' 1 1, Appercnt rlght of wsy tor (itches and porv€dlneE as shown on slrrvcy by Scarrow & Walk.r lncorpordrd dst d O.csmbcr 27, 1999. 12. Dccd of Tru3t trorn Roaring Fork PlEssn o, LLC to the PrSlic Trust a of garfoE Cou10 for th! usr ot Alpino Bank $o,yhg an orie inal amount of $1,040,000,00, drtod April 13, 2000 md Fcor(.d April 21 , 2000 in Book 1183 at Pagc t142, Anaican Lrnd Ti[ Arftittifir atlrlqt Pdiry iElrld. t Fqrn 2006a7 E I lt I I I T I E t.l I E I I E ExcaDlront Numb€r N,lA .rr hcrcbv oritl6d. MINERAL RIGHTS T I T I I T I T ! T I T I T I t T I t DEC. 8.a@m 4tWPn EH6: 97A 963-g*5 RO EI ERT B EMEREON. P.q NO.e47 P.L/4 r^r( ltTc) ras-aaa ts tevTx THlrEl tr-ai catFNElLf coloi^E 543! {s7ol ear't oo EIOITR' l. EMEF.ON December 8, 2000 VIA PACSIMIIE TO 945.4066 Mr. Roo LlsEon Iaad Desiga Pamrership 918 Cooper Avcnue Glcnwood Spr,ngs, CO 8i60l Dear Ron: nEE/rjj Enclosure Re:Roaring Fork Preserve pneliruinary ptan app[cadon Thu* you foruendirt ,oe a copy of Mark Bean's ie$er of Deocnber 4, 2000. Br$d on my revlerr of thc ritle iosurancc policy for rhis property (a copy of which is endosed), there are uo currcnt mincral dths owncn or Gssees ctri'n{"g aa iallrcst hr rhrr propcdy- The only mincral reeervadon is that contalnod ia .f,e unlted sqtcs patent fEr dte p'roperry, recolded Jrme 1, 1899 i! Book t 2 at page Slt of tniOamJa i;;,y 3cord;. Tl-rel. * no eubsequent individual mioeral righu owners or lccsccs. Thercforc, I do Dot bellal! drat notice ls requinrd to aui oue urulcr s.ate hw. MI y*ffiasdlng was that you were golrs m provide &t with a packet conainiag ttre suDdivision -appllcation aod r€lated doarmcots. I would apgrcciate lt lf pu cor:ld -rlo ro ln tbe uear futurc. Ifyou havc arry questions, plcarc let Ee tnow. Sinccrely, Zald(@ tr<iuRoben B, Ernerson I f I E t E E E E I t T I I E E WATER SUPPLY PLAN I I t I I T I I I I t T T I I I I T t T I P.O. Box 19O8 0O5 Cooper Ave. Glsnwood Sprlngs, co 81602 (97O) 94s-s7OO (97O) 9'15-1253 Fax Zaxcaretta ano Asso<.ar6,.rc. Frro n ggnlnc (onsurtarr ts January 9, 2001 Mr. Mark Bean Garfield County Building & Planning Department 109 Eighth Street Glenwood Springs, CO 81601 Re: Water Supply Plan for Roaring Fork Preserve Subdivision Dear Mark: Roaring Fork Preserve, LLC has retained the services of Zancanella and Associates, lnc. to develop the water supply plan for the proposed Roaring Fork Preserve. The Roaring Fork Preserve is proposed to be located in the Catherine Stcjre area just east of Carbondale, Colorado on County Road 100. A property location map is attached as Figure 1. lnformation contained in this report covers estimated future domestic water uses, the pump test results for Well #8, the Basalt Water Conservancy District contract and the water supply plan. Water Requirements Table 1, attached, presents the estimated diversions and consumptive use for the proposed Roaring Fork Preserve Subdivision. The nine lots will be supplied by one well for each lot. We have assumed that each of the 9 residences and 4 ADUs will be occupied by 3.5 people using I 00 gallons of water per person per day. Water will be diverted to irrigate up to 7500 square feet of lawn at each residence and each ADU from the wells. We have included a total of 18 livestock units and 0.5 acres of pond surface evaporation in the water service plan. Lega! Supplv Attached is a copy of the existing Basalt Water Conservancy District conkact. The approximate locations of the 9 proposed wells are shown on Figure 1 (Lot I has a second, alternate well location). Thewell permitforWell #8 andthewell permit applications for the remaining 9 wells, including the one alternate (9A), are attached for your reference. Roaring Fork Preserve Well #8 Roaring Fork Preserve Well #8 was completed on December 21 , 20OO by the Shelton Drilling Corporation. At the time of drilling, this well was registered with Colorado Division of Water Resources under permil229032 (copy attached). The well is located in the NE% of the SE% of Section 35, Township 7 South, Range 88 West of the 6th P.M. approximately 1715 feet from the south section line and 1 05 feet from the east section line. The approximate location of the well and the Roaring Fork Preserve Subdivision boundary are shown on the attached general location map, Figure 1. I I I I T I I I t I I t I I I t I The well was drilled to a total depth of 43 feet, through the Quaternary Roaring Fork River alluvial material and intothetop of the Pennsylvanian EagleValley Formation. Waterwas encountered during the drilling between depths of 25 and 35 feet. The static water level in the Roaring Fork Preserve Well #8 on January 3, 2001 was 16.0 feet below the top of the well casing. The well was constructed with seven feet of slotted steel well casing set at a depth of 28 - 35 feet and three feet of slotted PVC casing at a depth of 32 - 35 feet. At.its current static water level there is approximately 12 feet (28 feet - 16.0 feet) of available drawdown, The drawdown represents the available drop from the initial static level. The attached Figure 2 has been prepared to illustrate the well construction details. Also attached is the well construction report from Shelton Drilling Corporation. Pump T t Results A pump test was conducted on January 3 and 4, 2001 by Samuelson Pump Company utilizing a % horsepower electric submersible pump that was powered by a portable generator. The pump test was Conducted at an initial rate of 10 gallon per minute (gpm). After one hour the pumping rate was increased to 1 5 gpm. The rate was held at the 1 5 gpm rate throughout the remainder of the 24 hour test. The drawdown and time data collected during the test are presented in Table 2. We have plotted the results of the test in a drawdown vs. time curve as shown on the attached Figure 3. The maximum drawdown during the 24-hour test was approximately 3.79 feet. The water level appeared to have essentially stabilized (remained at a fixed level) toward the end of the test, since there was only a 0.5 inch drop during the last three hours and 20 minutes of the test. Recovery data for the well following the pump test were collected for a period of 60 m in utes after the pumping stopped. Figure4 is a graph of the recovery data, showing recovery as residual drawdown. Based on the residual drawdown curve, the well displayed normal recovery characteristics. Conclusions The test indicates that the well will probably be able to operate for extended periods at the rate of 15 gpm. We believe that this well will be adequate to serve a single family residence and an associated dwelling unit. Figure 5 is a geologic map of the area of the proposed subdivision. lt is taken from Kiikham and Widmann, 1997, Geologic Map of the Carbondale Quadrangle, Garfield County, Colorado: Colorado Geological Survey Open-File Report 97-3. The map shows that the entire Roaring Fork Preserve Subdivision is underlain by the same geologic formation, the Quaternary alluvium (Qa) of the Roaring Fork River. We believe that it is reasonable to assume that other wells drilled within the Roaring Fork Preserve Subdivision would have properties similar to well #8 and that an adequate water supply will be available for the other lots within the subdivision. Water samples were collected during the pump test and sent to Laboratories for analysis for Nitrates/Nitrites and coliform bacteria. laboratory tests are pending and will be forwarded to your office as s Water Qualitv Grand Junction Results of the oon as they are 2 received. I I T T I I I I T T E t I T T I t I I Until the lab results for Roaring Fork Preserve Well #8 are available, we believe that it would be reasonable to examine results from the Mayfly Bend Well #1 , which is located less than 1000 feet north of Roaring Fork Preserve Well #8. Mayfly Bend Well #1 is also drilled into the Roaring Fork River alluvium and should have similar water quality to that of Roaring Fork Preserve Well #8. Samples collected from a pump test on Mayfly Bend Well #1 on August 29, 2000 were analyzed by Grand Junction Labs for Nitrates/Nitrites and by the Colorado Department of Public Health and Environment (CDPHE) for coliform bacteria. The bacteria analysis from the CDP H E confirms that coliform bacteria were absent from the Mayfly Bend well sample. The Nitrates/Nitrites analysis yielded a value of 0.22 milligrams per liter (mg/l). The CDPHE's Maximum Contaminant Level (MCL) for Nitrates/Nitrites is 10 mg/|, so the result was well below the MCL. Waste Water Disposal It is proposed that the waste water requirements for the subdivision will be met through the use of ISDS systems. The water supply wells and the leach fields will be located to provide the maximum amount of separation. lf you have any questions, please call our office at 945-5700. Very truly yours, Zancanella and Associa R Thomas A. Zancanella, P Bradley C., Geologist Attachments Ron Liston Dave McMorris Sherry Caloia cc N:\20000U0723 Roaring Fo.k P.eserve\Garco.wpd J- E E E I t I I I t I I t-l I I I RBBW R87W T7S TBS I 8c.t h L.t S---;.;r----- "rrJlt 4 .-/: _rf ,- I I Properly) I r.'.3 5 . --"a', ti[, .d,*l{q..-, -, |\ 5 U \ 1:. PROJECT LOCATION UAP frtla.mI'ATEECAII:SlIl 1'. m'SEET:lot1 IICI'BB NO. 1 PXrUtCtr mlaECPItz,IPPII EY:ltz PII]I NO. rrt\t .ILr..q ROARING FORX PRESERVE ZATVAI\ELIA Al(D O.EE E d'E .lEIIT GEI E IB . IG \ i;* rl 'i it I I I ,)/l r--J\ ,1 .j I t I I I I I ll IIIIII-IIIIIIIIIIII Table 1 Roaring Fork Preserve PUD 9 Lots' 4 ADUS E6timaled Water RGquiraments !Ys!gt !l!9 !!!P!!19 UL'r ,!dtc-r!Il!ts!!9!!'l4r *3 Residences 't 3.0 30 '100 15% 7500 700/. 2.13 units cap/unit sPcd sq-frlot ft 05 274 18 0 7 00/" 213 acres ft unrts gPud acres # of Comme rcial Units f persons/unil # gallons4)erson/daY Percent Consumed 00 00 100 gpcd 150/,, o sq-luun[ 700/o 213 lt Pond Surface Area AnnualNet EvaPoration Livestock Livestock ConsumPtlon krigated OPen SPace Application Elf rclencY Crop lrrig (eqrrl,rt (ClR) # persons/Iesidence gallons/Persory'daY Perc€nl Consumed Lawn lrdgation lication Elfrciency cigp l(ig reqorrl (ClR) Lawn lrrlgation Applicalion Elhciency Crop lrrig reqmrt (ClR)Ir (rl (.c.tll lrl FG N) Itl l!. ltl {.)(lt l7l tt)Ft n0) t.c nl (t 1l tl2l Water Use Calculations tat tllt lr{l Av.r.9' rcr.l flo{ (.c lr) laeo) January February March April May Julre July Augu6t Septsmber october Novsmber Decembor 0.37 034 0.37 0.36 0.37 0.36 0.37 037 0.36 037 0.36 037 0.00 0.00 0.00 0.00 0.00 0.00 000 000 000 0.00 0.00 0.00 0.00 000 0.00 o.21 088 1.09 104 069 058 o22 000 000 0.02 0.03 0.06 0.13 0.17 023 o.24 o.22 0.14 0.08 0.04 0.01 003 002 0.03 o02 003 002 003 0.03 002 0.03 002 0.03 0.41 039 046 o.72 'l 45 1.71 1.68 130 11',I 069 o42 0 41 30 31 5.4 10.6 12.9 12 3 95 83 51 32 3.0 006 005 006 005 006 005 006 006 005 006 o05 006 099 000 0.00 0.00 000 000 0.00 000 000 000 000 000 0.00 000 000 000 015 062 076 073 048 0 41 0.15 000 000 0.02 0.03 0.06 0.13 0 '17 o.23 o.24 o22 0.14 008 004 0 01 003 0.02 003 002 003 002 003 003 002 003 002 0.03 0.10 010 0.14 035 087 1.08 1.05 078 063 031 012 010 o.7 08 1.0 2b 6.3 81 7.7 5.7 4.7 2.3 09 o7 1.900.00646't 0.750.30 9,9?3.47 ual a.37 0.00 4.71 '1.3A It dR.d.6l.e.rrt 1,1!910 GROUNI) LEVEL 0 5 ? I I T I I T t I I T 10 15 CU 30 35 40 0' to 35' HOLE DIAMETER = 9' CEMENT 6' TO 16' STATIC VATER LEVELe 16.0' EN 1,/3,/01 -l', T0 28',7' O.D, PLAiN STEEL CSG 0,240 VALL THICKNESS 28', r0 35',7' O,D. STEEL PERF CS6 O.A4O VALL THICKNESS 32', TD 35', 5.5' O.D, PVC PERF CS6 0.250 VALL THICKNESS 35', TU 43', 5,5', 0.0. PVC CSG 0,250 VALL THICKNESS 35' to 43' H0LE DIAMETER = 6.5' TOTAL IEPTH = 43' SIIL BNULI}ERS, RUCKS SANI, GRAVELS PENNSYLVANIAN EA6LE VALLEY FT]RHATIEN II rELL #8 DETATL &rEE7 g, :mlI'ATTI:sltrttST:10trsca.La: Ilot nl &rr FIGI]BE NO. 2 PPII gY: Tt:z FIII{ IlO.l-d-if Im zozz3TLZBCP NOARING FORK PRESERVE A,Yt ItW F rffiaE!E-16 I I I TASLE 2 Pump Test Data Roariag Fork Prr!.rvG Wrll #8 Job No.. Client: Iest gy: Analvsls Bv: :07:i Ro ins Fork Prc:icnc LLC S.rmuelson a=l5 gpm h h tt Top ofCrsrn-s S,W L = Iime Drte on: TimerDate oll Iest L€ngthl I I 0! ro -i0 \.v I 1/01 ll :0 AIU io d BCP U.P =l{ .i0 00 tolal ume IV,[,. ]lersurcmcflt rt' (minutcs) fDrrirdown ( f€ct) o tspm) Timc (mirur.!)Ite€t)(inches)RE,\L TIlVIE t0l60SWL0l/_i/'0l l0 i0 .\lvI Ll7 l0It1tri,ol l0 il .L\t l0l?.l l.:5l/l/01 l0:i?.\M l0l:J.5 i:9llrl/01 l0:5i .d!l t:9 l0-l t;1.5l/i701 l0:i.r..\M I()I1tlilOt ICSS.,r,vt I s l0{t1l/i/0t l0:56 AuU i0.ll7i r.l3sl/:l/01 l0ri8 A1V l..il IOl$t1 .ll/l/0t t l:00 Alt{ l0l7Jl3ll:L/3/01 I l:02 AM l0Ilill5t1l/l/01 I Lr05 .\M l0t1l:0l/l/01 I l:l0 AM t.l3 l0.10 l1 -1.5I/:l/01 llrl0AM l017t16.10l/l/01 ll:i0,\,\l 10t7(t li0i0l/liol t l:.10 AM ii0 t01il/j/r)l llrj0,LV 1.79 l5l7,)_5Iil,/01 I l:il .\M I 6l t501.006:l8l/3/01 I l:il tuV li0rE i 1.006llill01 ll:il AM l;;l8 0 :006.1l,l/01 Il.51.d"rl IE 0 1.00l/l/01 I l:55 ,{M 192 li66l, !l/ir0l I1.i6.\V t92 t568ll17 I1,,t.'0r ll i8{v l5r 1.5 1.9670l7l/3i01 l2:00 PM I;i01.00t8l/1/01 l?:02 PM l510815I8lil/o1 l2:05 PM r5r87.t1n0t/3/01 ll: l0 PM l5::l,)0 tlt :.5l/j/01 l3::0 PM t.l5 liIE.]100l/l/01 l:il0 PM r5t81.5 1.29I t0l/'1/01 ll:+0 PM l5l.l8120l8.t.5l/l/01 l2:i0 PM ti2.46150l8l/l/01 t:20 PM 2.54 l5IE6.5180l/3/01 I:50 PM 2.5t t5l81:10l/3/01 2:20 PM l52.63210l8I /l/01 2:50 PM t5l02.tl365IEl/l/01 4:J5 PM 2.t3 l518l0610l/3/01 9:00 PM l53.15tz70t99l/4/01 8:00 AM l5L791165t99.5lAl01 I l: 15 AM c]19 Stop Pumprngl99.5t.t70l/a/01 I l::0 AM l.l7l0I6050ItTtt6lA/01 II:ll AM ;_160l0..t2t!12 l6l/4/01 L l:22 ANI 19t0.t 0.331.r73 l6l/4rc1 I l:23 AM i690-l1.5 0.29l.l7.t l6t/4/01 I l:24 AM 195j0.29 016.1.51.175l/4/01 | l:25 AM :1606J.5 0.291116l6l/.1/01 I l:16 AM 3 t850J0.25IJTEl6l/4/01 1l:28 AM t18l00.21 0t61180l/4/01 t l:10 AM 0 t20.211.t62 l6L/.t/01 I lr12 AM t5 99002t1,185 l6l/4/01 I l:15 AM 75t00l6I008t{90I/4/01 I l:40 AM i00l000Et500l6Il/4/01 I l:50 AM $lir0l6I008l5l0l/4/01 l1:00 PM .t00i00.5 0.011520l6l/4/01 l2:10 PM ii0 t60000l601530l/4/01 l2:20 PM II I t/9/01 Zrrsrl€il. & Assooat€s. lnc. E I T I t I t T I E E l I I I I I I l5 I I I E t I E I IIIIIIIIIIIIIIIIIII 10 Figure 3 24-Ilour Pumping Test - l/3/01-t/4/01 Roaring Fork Preserve Well #8 Tine (nin) 100 1,000 10,000 100,0001 U 5 10 15 20 25 a) .)I a) c' B 30 35 40 + lncroqsed Q Q = 1o gpm through @ min., th8n was increased to l5 gpm. Pump Set at € fl.1 A+l+t Oay 10Day 3 1,9,O1 Zancanalla t Asaoclat€a. lno Day 1 Day2 -Days WolEPumpToal s6C w*, 1*"t=Tao n-l \ IFumrb-ir 1 IIITITTIIIIIIIIIITI Figure 4 Roaring Fork Preserve Well #8 Recovery as Residual Drawdown 10 100 1,000 '10,000 i 100,000 t/t' 1 0 5 =9roo o Erso E 9zolt oolt 25 ciot,30! .E o 35 Recovery following pump test on 1l3l01 - 1l4l01 l,€Ol 40 Zancanella 8 Assoclales, lnc WellSPumpTest ' I t T I I I I I I T T I T T t I I T T I R88IT R87W at- Oa \ Oa .r Oa "- T7S T8S I.ll It6: Elt a .!i lliDl!!. 1fr, C6t!. (bL SE .t ofa6-ln6 &!t 97-s. Sc.L i! Lgt Oa i::.:!t - reser9 :,-i::=: o" Roaring Fork ol\"i { Oc QTg .Oe 'a- :N@ r6 Q9w Ii 'i. ont f-- Qb, \ Fes <.' Oto ac c )l ' ' Odlor \_ i./ Ocs - ROARING FORK PRESERYEGEOLOGIC UAP ,r!E r, I :ml t0lrr'= aod IICIJBT NO. - 5 tAz A AIII' ASSEIA .cr Gta a rE - 16r ac:I aoaraauE rE, d.46 aEl I I odl L 1..,-.|? tDEtf,-tElne TCETEI rez 2TI:'E Oca, Ocs Osw Qto Fofm No GWS-2s APot t1l1*t 1) Qfft!_E Qr fHE SrATE ENGTNEER s9,o*gasBg,glvt,HLoJlgtw*I"EB,kesouRces WELL PERMIT NUMEER Dtv. 5 wo 38 229032 DES.3ASIN MO ROARING FORK PRESERVE LLC P O 80x 1360 SASALT, CC S1621. (970) 927-8836 STRUCT APPROVED WEI-L LOCATION GARFIEI-D COUNTY NE 1/4 SE 1/4 5gct16.35 Townshio 7 S Range 88 W Sixth p.M OISTANCES FEOM SE'TION LINES 1715 Ft. from South Secuon L:ne 105 Ft. from East Section Ltne ISSUANCE OF iHIS PERMIT OOES NOT CONFER A WATER RIGHT ThiswellshallbgusedinsUchawayasto*lffiws(erright5.rheissUanceoftiispermit does no' assure ths applicant that no injury wll occur iJ another vest€d lvate;.ght or preciucrs anoth€. ownor qi a vesredwaler right from seoking rBlief ln a civil coun acion. 2)-iho construc'ion ol this wsll shall b6 in compliancc with the watsr welt consrudroo Rsles 2 ccR .ro2-2. unloss appovalol a vanancs ,,as been granted by the sta. Eoaro of E.\amrners or w"t", w-",, on"uuo,on and pump rns.r.rationq)nracroE rn accordancs wlth Ruia 1g. Aoprovod ouGuant to cas 37-92-602(3xb)(l) lor uses as doscnbed in cRs 37.92.602(t )(0. use of this well is timiteo tomonltoring water lev€ls and/or watsr quality semoling. This we is known as WELL;{I. This rYoil mus' be equipped w h a locking cap or seat to preveot weir "onram'nation o. possibre harerds 3s an op€n v,cir.ihe we! must be (ept caoged and locked at ali tl.mes except dunng ""rpling o, _"""rnnr]. Records of weter level measurements ancl watcr quaiity anatysgs shall be mantaiaed by lie well owner and subonflod hhe Oivision of Water Resourcss uoon reou6st. Upon_ctncjus|on of the monitonng program lhe w€ll olyner shau olug this v,ell In accordancg w|lh .lule 16 of tho Watsr''i/ell con$ruction Rulos. A w€ilAbanoonment Heport musr b€ compbrad ano suomltted to the oivisron oi waterResources wllhin 60 days of plugging. The oiner shall merk tho i.yell in a conspicuous place with well permrt number(s) and name of aguife. rs appropriat..and snafl ulk€ ne@ssary means and pr€cautbns to ,Gserve thes, ,*rtr. This well must bE clnstri'rc'd tty or gndet the supervlslon ot 3 licens€d w6ll dnller or olh€f authorEed individEl accodingto th€ waref wefl constJudion Rures. [t flon-standad const u"". " -iJo""o, " vlnaac! .cqqesr murir oe subm,nad inaccoftrancs wit,l Rulo 18 and appov€d prior to w€ll construction.9) A wetl complction Eeport inciudlng ltrlobgic log must bo submrtted by rhe individuai autiorired lo .onst ucl rh€ !y.I. Fornon-slandard consruciion' lh€ lrgon must incfudo an as-built drawrnj srro,rg oecirs sudt as depth, casing. gerforaleozones, and a descflgtion ot thc arcudng typ6 and intsryal, 10) This n€[ sha Oe const uct€d nor rnore than 2OO loet flom tha tocation specrfied on this permit. 1 1) This psrmit has been apptoved for,mqoiloring/observauon uss onry. The waler is not to be put to benerro4 us€ to, anypurDose' You ars hereby notif ed urat you have the rqht to aop€al trre issuancs of lris pemit, by fiting a wnttsn raguest wurttxs oflic€ wrlhin sixty (60) days of the date of issuanci, purcuant to ttr" sirt" aorin,"trative pmc€du.es AcL (s€e section24-.r- 104 (hrDush r06, c.R.S.) i,in\06 aIHOO l3) 4) 6) 7\ 8) Stab Engnro' APPROVEO KMG SEP 29 l-j t-l t-l I n I I I E i I i I i I I I I I i I I I I I I E T I lt T I a, E T T T I l ORDER GR{YTING APPLICATION FOR .{LL OTMENT CONTRACT ROARING FORK PRESER\TE, LLC CONTR{CT NO.367 Application having been ina.ie b1- ;r cn behaif oiRoaring Fork Preserve. LLC and hearing on said eppiication having been duly helci. it is hereby ordered thar said Applicarion be granted and that the attached Water.\llounent Conract for 0.3 3 cubic feet of water per second ( 150 gpm) Aom the District's ,lirect t'low'righrc and 3.5 acre leet per year of storage/augmenlation water owned or controlled by the Distric: is hereby approved and executed by and on behalf of the Basalt Water Conservancy District. rbr rhe beneficial use of the water alloted in the attached Contract. upon the terms. condirions and manner ofpayment as therein specified and subject to the following specific conditions: 1. The Appiicanr has acknowledged that the land to be benefined by the attached Conract.is described on Exhibit "A" attached hereto and incorporated herein by this rcference. 2. The .\ppiicant shall establish a Homeowners Association or other entity accepuble ro the District for the ongoing payment of charges due under the approved Conract following subdivision ofthe proper.v (see Exhibit A hereto). The Applicant shail give notice to purchasers of ail or any pan ofthe subject property ofthe obligation of this Contract, and shall record such notice in the records ofthe Clerx end Recorder ofcarfield County, Coiorado. Applicant and his successors and assigns shall comoiy with all ruies and regulations now existing or hereafter adopte<i by the District, includ.ing ro enrbrce payment of charges due utrder the approved Contract by present and future owners of all or any pan of the reai properry served under this Contact. 3. The Appiicant shail provide the Disrict proofthat the proposed land use ofthe land to be benefirted by the rvarer ailoned hereunder has been approved by the applicable govemmentai authorities havingj urisdiction over such land use, including evidence satisfactory to the District thar each lot or parcel to be benefitted hereunder is legally subdivided. 4. Any well permis issued on the basis of this Allotment Conmct shail be applied for and issued iu the name of the Applicant orthe Homeownen Association (see paragraph 2 hereofl. 5. By accepunce of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the Distict uxly apProve' the Applicant shall 6le with the water Cotgt of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth, or the APplicatrt's water ailotment as provided in this Contract may be inciuded in a water rights plan of augmetrtadon to be filed by the Disrict with the expenses thereofto be shared prorata by the Conract holders inciuded in such plan; provided that inciusiou of the Applicant's water allotnent in the Disrict's pian of aumertatisa 5hell be at the District's sole discrction. -1- T T I I T I T I I t R f T T t I I In the evenr the Districr includes the Aoplicant's rvater allotrnent in the District's Application rbr a plan oi augmentadon. .{,pplicant will provide such information and assisance. including iesrimony. as may be neecieci fbr judiciai aoprovai of rhe pian. The District makes no warranty that it will secure approval ot the pian. The Distict may establish rn eugmenation plan fee to be paid by the holder of any Conract or amended Contract to be included within a plan of augmenBtion to be tiled by the District" which tbe shail be payable in advance oithe inclusion of such Contact in a Distict plan of augrnentation and may be based on the Di$rict's good taith estimate of the anricipared expense of such plan ofaugrnentation. If such augmenation plan fee paid by a Contract holder exceeds the Conrract holder's prorata ponion of the acnul expenses incurred by the Disrict in complering said plan of augmentation. the District shall refund such excess to the Contractholder. Conversely, if such augmentation plan fee paid by the Contract hoider does not cover the Contract holdels prorata porrion of the acnul expenses incurred by the Disu-ict in completing said plan of augmentarion. then Applicant shall pa-rr the remaining baiance of its ponion of the acn:al expenses upon the Districr's providing the holder with a statement for the same. To the extent that the Distict is caused additional costs because ofobjections tiled specificaily due to the inclusion ofApplicant's Contract in the fiiilg, such additional costs may be charged specifrcally to Applicant and not sharcd on a prorata bursis by all Contractees. However. by acceptance ofthis Contracl Applicant acknowledges that it shall be responsible for any adjuriicarion of the warer right associated with the Appiicanr's pond, if it is determined that the smtcture is a .,varer storage :ight ("pond") rather than a well. The Conract allots storage/aug:nenradon water ofthe Distict to aug[rent evaporadve losses from the surface area oi the strucnue. but the .{pplicam acknowiedges that the Disrict will not tte responsible for adudicadng a water right or prioriry date for the pond in any funre water rights plan of augmentadon filed by the District. in iu sole discretion. the Distict may include the augmenmtion ofthe evaporative losses from the pond in a future augmeutalion plan filing (as above described), bur only after the Applicant provides the D istrict with a decree of court which adj uciicates the water right a11d priority associated with the pond. ln the event that the Dimict inciudes the augmenu[ion ofthe evaporative losses in a future augmentation plan filing, the Applicant shall pay the Disrict's costs associated with the plan (as above described). 6. Any and all conditions imposed upon the reiease and diversion of water allotted hereunder in any water rights plan of aupmentation or other water rights decree of the Water Court for Water DMsion No. 5 shall be incorporated herein as a condition of approval of this contract Granting ofthis ailotnoent contract does not constitute the Districds represeffation that the Applicant will receive a weil permit or water rigbts decree for the iand to be benefitted hereby. 7 . If Applicant intends to divert water through a well or wells, Appiicant shall provide the District a copy of Appiicant's vaiid well permit for each such weil before the Disrict is obligated to deliver warer for the benefit of Applicant hereunder. Applicant must comply with the weil- spacing requiremetrts set forth itr C.R.S. $37-90-137, as amended, if applicable. Compliance with *@Errudr6 -2- E I t f T T T I I I T I I t f said s6h1rory well-spacing criteria shall be an exprcss condition of the extension of service I h"reunder. ana tne Oistrictlhall in no way be liable for an Applicant's failure to comply.u Approved this 7 6^ro1 Auun-t . 2000. Attest: .-r) Bv. , J<;-1 / lt ,\-t,-a_-,_, _ / ,, /_L</1, Barbara Mick - Secreury BASAIT WATER CONSERVfu\CY DISTRICT Bv: Art Bowles. President lf6lt*um{Drd -J- I I t I lt u t-] I T I I T I n T E 3ii:i{NiNC i, -1: \CRl;lci1i-,:F-{}y.lrli:i:ARnil:CUNil iC}C xC. l0o. ICU ',lfilCr ii {li}i:: a:f;NEl :CR iir :C|.Jll.i iUARiii :CRNEi 0F :iclt0N r5. r N0. i i=ri r,:ux0 N :r-{G:t\Rs s.3:'1.c':;",l/. r1i6.r2;:i:i (itccR0 ;le :.Si':5v. laii35 ii); l.iENG 1LCNG SAi0 ilCHi-0F-rlAY !.47:8'17'i A CtSiAN€ 0F .125.1+ III: :rl\€ ]LONG SAl0 ilGi-,lF-,{AY i38::'{l'i lO|SIANCI CF 154.54:iI: iliNCi ILCNG SAl0 RlCi.li-CF-.{AY N.E8'+:'26':. A DISiANG CF ito.ii Ei;j irii iui,:ClNi CF;EClNNlllC; lliEtlCi ),1.01''1{'j{'?. { 0lSiA}lG CF 1206.j1 El r0 I iEAF .\N0 a,lP, Fll j 25950: il8lCi N.57'i-0',r4"fl. A otsIANr CF 178.58 F= i0 ^ PcrNT cN AN a{siiNc alcE]NE :BNG A iEAR N0 CAp, pls J 25s5q rHBi€ ALCNG Sll0 il{CiUNE tl.C0'{0'07": A 0lS'iAilG CF +10.C0 iEI i0 A REAR A}10 CAP, Pl-S j 2695q iHflG !o5i/17'i A OlSTAilG 0F i89.i7 iET i0 A REAR All0 cAP. P|-5 ; 25-05q ilisrct s.78xt'+rl A 0tsiAN€ 0F 8z.Qi FEI T0 A REAR ANo cAP, F|J J 2695q iHSrCi S.62!9'01'i A 0|SIAXCE 0F 15i56 ET i0 A REAR rNo CAP. iLS ; 26-05q iliSici N.66'ji 16': A 0ls-rNc 0F 185.59 iEi i0 A REAR ,1N0 cAF, ?r-: ; :6!5q ilE\C! S.i8?-0':2'1 A 0rSiAuCi 0F 2Il..{6 rET i0 A iGAR ANo CrP PLS i :685q iHSlCi S.65'i-0'05'L A 0lSiAllG 0F 25212 t'ET r0 A REAR N0 CAP, .or-S ; 2595q iHBlCi S.89:8'08'i A 0tSiANCt CF i20.28 FET i0 A REAR AilO cAP, i5 ; :m5q fiilci il.J0?/30'L A 0rsir\G 0F :5r.{J ET i0 A R6Afl N0 CAP, PI.S } 2595q IHB{G N.i2'.1T:29.4 A OETNG OF 261.93 FEIiO A .qEAR ANt} CAP, :l5 j :595q lIElCt ll0RiH A CIS-rNCi 0F 740.C0 FEI T0 A REAR ,$lD CAP, ?LS J i695C; IrENG N.8-05i'19'i .\ :lsirxCi CF rC0.C0 Ei i0 A RBAR ,\N0 CAP, illj 18478 AT THE NORIHEAST C0RNE cF Go}ENIISIT LOT 14 lN SEClloN 16; .IHBIG S.00'16'i6'-L ^ 0lSiNG 0F 57+.92 iiiT i0 +iE :0UIHEISi C0RNS 0F G0lENuBli LOT 14, ALS0 BANG iHE N0RIHUSI CCRIIE CF iClENllOII LOT 15; ill0'lCi S.OO'16.J6.1 T OETNCE OF |{IIC8 FEi ,{LONG ilE ASTETY UNE OF SAI[) GOVECNHSII LOT 15, iO iHE NORIH$Si SORilE OT iHAT PARCB- OF LANO OESC1IBO IN 800K i6l Ai PAGI 727; iHBlCt ltlE FOUOltlNG iE{ (10) C0URSS iLONG iHE N0RIHGLY ANt) 'I6JEiLY UNES OF IHOE PANCS.S OI I.A}I[) OESCflED N BMK i6i AT PAGE 727 ANt} IN ECOK 765 Ai PAG gJJ OF I}IE GARfiE.! CCTJ}III RECOROT l) l22I{22 1,I. 22i8 FE; 2) S.o2.JE'1O'\r. ir5.26 iiil: i) s.78:9't7n{. 220.50 FEEi; 181i8'5i'V1 266.02 tlii t{.81'r71 l:lv. 67.60,cItr: N.84'12'56''[. a&95 ill" N.81'{2'56't ;ia.68 tEI- 5.79!2 17",{. i20.81 FIFr: N.8n7r4''lr. ?17.5aEj: l0) S.l5?5'i6"ll. i.a2.8J riI i0 irit NoRil:fitY Rlc,{i-0F-,{AY 0F cAff]EL0 ccuillY R0A0 N0. ioq ii{8rci Atc\G !Ar0 Rrciil-oF-tyAy SA8'{5'26,"Y. A OISTANG OF 1028.69 i::T iO JXEiRUE PCINT ff SE6iNNING. SAI[} PARGL CCNTAINING gO.OJ ACRES. UORE OR LTSi I ! B 9 T E I I I I I T I I E<srBfp A .-l A ?ARC3. CF LINO :iiUAM IN COIE?NMEI I.OIS i2 ANO IJ IN SCI]ON J5, ANo iN cov8NuE\i LoE tt 1xg l5 tN SeCICll j5. ioh4ysdtP 7 sou]H, RAilct 88 \l€ii t]F lil Sixi,i :ilNC:P{L VEIO|AI], a0UN;Y CF ilRFBi, SIAII CF CCLCRACO, SAI0 PAfiCi- -l1NG )icf;irii:LY CF IlE ll0Rir.rliilY ilciii-CF-{AY 0F 6ARiiF-! CCUNII i0i0 X0. :CO, INC :i:NC ilCRE iAR;]CJUfiLY iIiCiIEtr {S rCLI,]IIS: t] l-l I t I I n I I MEIIORAI\DLNI -OE WATER ALL OTVIENT CONTRACT The Basalt Water Conservancy District (the "District") has granted Water .\llotment Contract No. 167. datec the tTth dav ofJulv.2000. ("Contracr"), to exrend to the owner(s) oithe real proper.v descr:bei on Eriribir ".L" :neched hereto and incorporared herein by ttus rettrence. ihe ngiu io benet-lciail)- use waler or water righs owned, leased, or hereaner acquired by the District tbr such reai properr-v iocated in *re Counry of Gart'ieid, State oi Colorado. The Conuact is subject to various conditions which may include rvell permit requirements oidre Coloracio Division of Warer Resources and Water Court approvai of an augmenBtion plan or substitutesuppiyolan..{ssignmentoftheContractrequirestheDistrict'sconsentandApplicant's payment of an assignment tte. Inquiries may be direcred to: Basait Water Consewancy District, cio Lori J.M. Sartertield. Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602; Telephone: (970) 945-6546: Fa.x: (970) 945-8902. This Memorandum is subject to the terms and provisions of the Conract rvirich are incorporared herein by thrs reterence. IJpon recording, this Memorandum shali consrirute notice to bona hde purchasers ofthe Contract atfecting the above-descnbed propeny. BASALT WATER CONSERVAT\CY DISTRICT Dare: ? -1 -atol By n An Bowies, President STATE OF COLORADO COLINTY OF GARFIELD The foregoing instument was acknowledged before me this@ day 2000, by Art Bowles, President of the Basait Water Conservancy Disrict. WTINESS my hand and official seal. My Cornmission expites: t{Y comrtsston o(PtRES 01/1c'I04 Notary Public ) ) ss. ) or Quo oN I t^,2., ,fi1'.c) o RA Altcr ?.lardint rliuln lol do Lon Sli.ni.lll B.l@rto & C.ftr\ P.C. P.O- Dfrryt? ;90 OlcEwood Spnnt.. CO 81692 u I T l-l u E I t f E I I I I T t A EIEIBIT A r iARCS- CF I,,\NO SiruAiiO IN 6OVEqN}JENI".CIS ;2 AXO iJ iN SCTION J5, rNo N covtRNI]€l{T L0T5 tr 616 15 rN SElilcN .16, i0't1$tP 7 souTH, RANGC 86 ,,tEii iF 'r][ :ixl,i iRINC:c\L uEilolAN, ::UNi/ :F iiRFSj, jiAil CF C0LCRi00. Silo3{ic:: -rNc xcRr,:[ily Nr i.{t NcRtiEil'ilcli-aF_,{Ay aF cifiREii;luNi/ icAo:,tc lC0. r,\l :EiNC r,l(]R[ :rRilCJL{RLi ]E:CilEil AS iq.Iovis: ;:.llNNlNC ri la tci-i iichi-,lF-{AY _Nt lg:,\,inaj :aUilil iOAi..r0. ;00,:i0tr/ ltl-rlcli }i llNts: ::RNEI :CR :iiE :CU:i :UARII: i]RlE: :F :aittci,l ::. r N0. i ,iE:Afi ,aUN0 rN rr_lCi ]L\RS S.at r-0':7''t. 1!6.ri ri:r ixtiCRo ;lE: i.3t'li'#. :{i7 05 ::i); r;tNc: rLoNc sAlo itciii-iF-itAy s.ai28'rii. A olsiANG CF r25.:r T-. r-rlilrc: lliNc sAlo itchi-iF-{Ay i.38'15'+l'i. {;lsiANc: lF;sa.a{El: :iirjiC! .TLCNC :-AI0 ilGiii-iF-{AY )1 a8'15'::':. \ ttSiANC: iF rt0.i7 [:l 0 :iE ?uE:crNi:F:tciNfltNc, :il\ff i.,;111:{fl {,lsirN€ cF.:.c6.J4 -:; i0 : :EAfi ANo ;tF, :'l j 25-o5l]: ltaci )1.5;':.0'u',v. r ilsitNc: ir 178.:3 i::T-o A icrNi clt Ail a{siNc ,aicELNE 3ENC A iE!AR .rX0 Crp, :LS j t5-050; 1}t0{Ci ALcNc :N0 |INCSJNE )1.C0'10'07'i- r cEiiNci 0F 1t0.c0 iEEi i0 A RBAR rNo cAP, lts i 26s5q +Rlci s.65'12'ri'L A llsiAN( 0F :89.J7 ET i0 r SEAR rNo cAp. :'_s r: 26-05q }EC[ S.i8'Jl'r7'i A CtSiAilG cF 32-9i tril i(] I RESAR ANo cAP, ir-s ;2695q iliE\Ci S.62,19'0t'i A itSiANG CF i5155 fi i0.{ REAR ANo iAP, :r-S -l i5950: ].iE\C[ I.56'i2'i5':. A llS;ANCi 0F '85.59 [:: i0 r RISAR l]10 :AP, :r-: ; i5!5',1 :rtltCi :.iE?-c:2':. i .IS;A,\Ci lf :ij.5 = ;C t :E3AR .lti0 CAP, ir-S i 2695t iHECi S.6"i'i3'05'i. A llSiANCt 0f :52t2 Ei iC { RBAR ANo CAP :r-S j 26-o5t :ig\fi:.,t:8'C8'i. i )SitNG CF 120.28 =:0 \ iEgAR ,\\0 aAP, :r-S ; 26s50 ilE\Ci |l.iC7:'10'L r l6iANff CF :5i.{i E ;0 i affiAR iNo cAP Pr_s ; 25-05t +iE\G )1.i2'$',2-0':. : :rtsi.lr( cF ::r.gi = -3 .\ ?g.,9 ,llc CAP. ?Lt ; 26-050: 'i8lCi \Cflll \ DlSilNE 0F :4.00 .iil i0 A RE3AR AND CAP, :LS i 15.050; :dB,{G N.8-o'5.r't-0'L A 0|S;NG JF 6m.C0 feT i0 A REBAR rNt) CAP, Pu i i8r78 \i ;'l]t N0RTliL\$ CCRNA 0F 60VEiNM0{I LOT i{ iN :aCICN ;i; ti{ENtr i0C'15'i6'i A 0lSiANC: 0F b71.-02 -:i i0 lliE S0UIHEAST CCRNEi CF C0r/tiNlt8i LOi i4, AlS0 3Elllc ilE N0RIHE\Si CCRNE CF fr'/glN}r.ltNT LOI 15: id0tCi S.00'i6':6'[. r O|SIANG 0F i4li.C8 E ALCNG iit aSEqLY UNE 0t :AJO lo'/f,tNll0li LoI i5, r0 i'lE NCRIIiE{5I CCR}l6q if IHAI PARCS_ 0t L\N0 0ESCRtBfl} N 800K i6l Ai pAGi 727: tlr&CE tuE FotrolllNc Et (10 couRsEs ALoNc iuE NoRiHtflLy NO '/IESifiLY UNES OF IHOSE ,OARCIS CF I.{NO iL(Gl8M H BMK 76J AT PAG ;27 ANO IN SCOK 765 Ai PAGI gJJ CF i'I]E CARI]E.! COJ}iIT RECCROS: t) 12211'22'"{. 2L78 E.lt 2) S.02'18'.r{',V. il5.26 F-riT; i) s.i8Tg'r r?. 220.50 FEi-r 1) S.El'56'5i"ll. 266.c2 iEil; 5) lr.8l'(7'il:?. 67.60 rElI; 5) }{.84'42'56"11 EE.95 FIt-r: 7) il.81'{256'?. il4.6E Fi:i: 8) S.7-o'0217"fl. i20.81 FEfr; ?) N.87?7'r4'?. 227.5a rEir r0) s.l5?5'r6'x 192.3i ri:i ;0 nt40RniiiLy Rtc,1i-0F-,,'lAy cr CiRtiEi-D CCUNIY R0A0 N0. lOC: iil0lci rLCNc :At0 Rtciil-Ct-,{Ay s.e8'15'26",{. ^ otsiANfi 0F i028.5-a iil:0 t',hE nu:clfli aF:EGNN|NG. SAl0 :ARc:| CCNIAININC EO.O] ACRTS, UCRE CR .iss. E T I I I T t t f t.t I T u COLOR\.DO DTIISION OF WATER R.ESOTJRCES DEPARTMENT OF NATURAL RESOT'RCES 13T3 SFTF..VIAN ST.. R.ryI. 8T8' DENVER CO 30203 phone - info: (303) 866-3587 main: (303)866-3581 GENERAL PURPOSE iPtease note: l(her forms are avallaole for specrfc lses induding ' resldenti Review instructions lrior to comoletin form P O. 3ox :360 6 toz l Water Well Permit Appiication al. livestqck, monrlonng/observ., gravel p(s, Bgrrsrrafion of old 'rvells) lvlust be completed in black ink or E TNDUSTRTAL E crHER: Domesttc E ccNlMERciAL E I\/UNICIPAL EI RRIGATICN L-.1 l-E=:J LU | .- f umOer :r:'eao 7. WELL DATA i!arrmqrn pumornq r.t. r5 m Cumulalive 3.62 .tF 1OO ft. Roanng Forx Alluvium E. LANO ON WHICH GROUNO WATER WILL BE USED A. LEGAL OESCRIPTION (mav oe omvloeo as an Roanng Fork Preserve Basalt iors.rd€ i6!.. ' 'ns!6. r.. .3G. r i970) 927-4836 8l Construct new well E Replace existing well E Change lsource) Aquifer I Other: 3. REF:R fO lrf aocticaotel U.J EUse exisung well E Change cr lncrease Use EReaoplication (exor.eo getmt) Quanea/olanel SE1/4 iluaner ii useo ior sco ,rnqanon, a&lc:l gc:lleo mao J:aI snows rngaleo area ) I 3. , acras ;. J*ner 30 03 3canng Fofi Preserve. --a Sheltcn Dnllin Ccrcoration 1095 10. SIGNATURE oi aoolican(s; c[ authcnzgo aoenl -he makrng ci ialse statements nereln con sltutes perlurv in the second degree. whlch ls punlsnaole as a class '1 mls- cemeanor pursuant to C.R.S. 24-*104(13Xa). I have re3o ihe statemenG hereln, know the ccnlents ihereoi. and state ihat thev are true to mY knowledge C,luny Garfleld ,ate! ccu( 6se t Easalt Contract 367 trlonfcnnq.ore acrnowEoq men! , 0. LiSt any ourerw6lls orwatlr rl!,htl useo on thrs lanal: Each lot w l use only cne wella.neageoc/ veaDd , -VE Well #1 9 PROPOSE D WEI-L DRILLER .ootronatt F N LELoIoNCATL4. b7trEI flaage eoaw 88trtr:eqJon Oistance o! we{ lrom seclon lne! 2395 ftfromEI Ntrs 1470ftfromtreEI w lrorn .oplrc.d .ddarx lrl .pora.oLlwdr l4.oo .ddEtr.Llurr b. o.,9o.l rrguiJr. F"! OPTIONAL INFORMATION ro Epranmot rlr onty ' o$ra .ad drctoa r6h old w.{ lo nd 6{ ieet TECA DE3oIEWLLWLLHwcl-{oI NcTRAc pacrvrdao as an aflacirnentlA. LEGAL OESCRIP TION (may oe Roanng Fork Preserve Subdtvision g. stlre plncet lD# loptjonall: Fork PreseNe, LLCRoanng C. , ectt3 ln rrct 90.03 Otfice Use OnlY MD-USEiS)E. Will this be the only we E yES E NO rif wells al6 on this tract. 5e€ instructionsl ll on this tract? other 6. USE OF WELL ip leese anach ..'era/,ed Cescfl Dtion I1. A PPLICANT INFORMATION Roaring Fork Presen,'e, r-LC 2. TYPE OF APPLICATI ON (checK applicable box(es)) Form CWS--:5 ( la95) I lt E E ! t I I E T I I E I I I I I E I t.l u u E 36 direciion Dlv_ LU wo- BA- COLOR\DO DIVISION OF W.{TER RESOURCES DEP.{RT}IENT OF NATIJR{ RXSOLTRCES I.313 SIIERMAN ST., RM. S18. DENVER CO 80203 phone - info: (303) 856-3587 main: (303)866-3581 GENERAL PURPOSE lPlease note: cther iorms are avallab Review instructions Prior to Water Well Fermit Application le ior spec,,ic uses including - resdenllal, livestock. monltorlng/ooserv.. gravel plts, ,ag,straron of old wells) comoletin form l\rlust be completed in black ink or ed 3. REFER TO (if aooucaDle) :meagencry ve{oal : .VE. 'Nel in Counw Ganteid iilontonnq nore ac(nowleog menl t luafleriuanenquaner SEl /4 NWl/4 E INoUSTRIAL E JThER: Domestic EI CCMMERCiAL E l,luNtciPAL EI IRRIGA;ION U F==li LU I -- ^umc.r.t "ead ; 7. WE!.L DATA I E). , acres C. Cwoaa Roanng iofi Preserve. LLC90.c3 o. est any odrel wotla oa wata, nghtl utao on litlano Eecn rol wil use onty one wetl. 9. PROPOSED \IVE!-L DRILLER tooncnatt Sheitcn Dnllin Corooraton ,0s5 10. SIGNATURE :r aoorrcan( s l cr autnonzgo aoenl ihe maxrng or ialse statements nerern ccnsltules peflury in (he second degree, lvnich is punlshable as a class 1 mls- cjemeanor pursuant to C.R.S. 24-'l-i 04(13)(a). i have read the sratements heretn, (now the ccntents ihergof, and state that thev are true to my knowledge. 1. APPLICANT INFORMATION I 6. USE OF 'iVELL clease attac:t deraiied cescriouonl Rcanng :.rk Presenve. LLC P O. 3ox 1360 Cumuiative 5.62 .\F lJrtrmu6 pumornq.al. mCC3asalt ;,i! 'i 00 it. toaring :ork Alluvrum 8. LAND ON WHICH GROUND WATER WILL BE USED ..69.dEndo.rlr€uo.d..@c.l 1970) 927'3336 :. TYPE OF APPLICATION (check applicabls box(esl A. LEGAL o€SCRIPTION (maY 06 OrOvOeO a3 an anacifieio: Roartng Fcrk PreserveEI Construe new well E Reptace existing well E Ctrange lsource) Aqutfer tr Other: EUse existing well E Change or lncrease Use E] Reaooiication leroreo Derm[] lI used lcr cioo rngalon 3l'Elc.1 scaEo mao mat sno{at rmqaleo anea.) ,.'\laler coun c:rse t Basalt Contracl 367 4. LOCATION OF WEI L 5 Ranqe : or w 88tr87trEI 2315ftfromENEIs 1755 it from EIe EI w DisEnce or v€n ,rcm sedlon nnes ootz Cffice Use CnlyRoanng Fork Preserue Subdivision DIV u5c:: I LItrn.Frric:nt.6dc.. l,l rPprrc.oi.lwdl loelon .cdr....o ;dEd&f, ttwdEonw rrcmord wf,r to nd w.ll ;RACT E3ELLLLWIWHHcNo otovloeo a3 an attaelmeno:A. IIGAL 0ESCRIPTIOta (may oe E. Will this be the onlY lYell on this tract? trYES 8 NO iif other wetls are on :his tracl. seo insttucilonsl OPTIONAL INFORMATION rtui o. orqd./ r{oaur.a-7 directionfeet Roaring Fork Preserve, LLC co- wo- BA- iMD B. STATE PARCEL lD* (oodon.l): c. , .ca8 in rrct an n', Fonn tlWS-.ti { 12,'95) I T l-t E E I I f T t I I E I I LOCATED i I I I COLOR\.DO DT!-ISION OF WITER RESOLIRCES DEPARTMEI{T OF NATI.IRAL RESOURCES I3I3 SIIERMAN ST.. F*\'I. E18. DENYER CO 30203 phone - rnfo: (303) 866-3587 main: (303)866'3581 GENERAL PURPOSE Water Well Permit Application preaso no(e: ouer foms ate avalaD€ for soocrtic uses rnclucilig _ :esld enlal. livestock. monrtonng/obse.v., gravel ons. /agdstratioa of old w"lls) Revrew instructions rior to comoletin form Must be comDleted in black ink or APPLICANT iNFORMATICN 5. USE CF ,/VELL grease attacr detai,ed desctiotion)'1. E Construo new well E Replace existing wetl E Change (source) Aquifer E Cther: Wetl #3 4. LO CATION OF WELL Secion 36 EUse exis ng well E Change or lncrease Use EReaoplicaion (erorreo oe.m[l Cuarte ouaner NE,I /4 7trEl ,1anqe i or w 88tr8 b E INOUSTRTAL EI CTHER: OOMESUC C:oivrME=ciAL E ),ruNrciP,cL E.RRtcAiloN L_j _==J -U I -- ]umoer :i iead A. ,-EGAL OESCRIPTION (mav oe 9rovbeo as an Roanng Fork P!'eserve ,i -seo 'or aiao rmgaoofl. lt6cx scaled rrao lilal snows rmgaEo area l 9, 'RCPCSED WE!-L DRILI-E R ootional) Shelton Dnlling CorDoration 1095 10. SIGNATURE ci aoolican( s I or autnonzeo a SW1/4 :he maKtng ol ialse statements nereln consl rlu(es pellurv Ouaner in rhe seccnd degree. wnich is gunlshable as a class 1 mrs- oemeanor pursuant to C.R.S. 24-4-104(13Xa). I have read the statements nereln. know the contents thereof. and slate that thev are true to my knor.r,ledqe. \{!5r 5r o.r9!'.r 3!.4n . 6 Otfice tlse Only oltl.IL DIV WD BA- MD- A Rcanng Fcrk Preserve. LLC ;- 'JVEI.L DATA P. O. Box 1360 Cumulative a.a2 AF ',1.r'm!m pumolnq r.t. r5 mo ioz. ICCtsasalt arv Aqui.r 100 ft. Roanng Fork Alluvium WA qU DE\ivlTER LL E3HcRGUoDNNHo :4r.o.bm MDr l .duo..rca r970) 927'8336 2. TYPE OF APPLI CATION (check applicable boxlesl) J.REFER TO iii aoorrcaclel o. -rst any orher werls or water flqnts us6o on thrs lano E3cn lot wtll use only one well. -c0.03Walea ccun cn5e t 3asait Contract 367 a. : acres c- Owner Roanng Fork Preserve. '-LC :rneGenc/ verod ; -VE. 'llontonnq nole aclnow€Ogment ; CJunry Ganietd Orsiance ol wel troan s€@oar mcs 2010ft from EN EIs 1705 ft from Ee E w .ocrczir.od.!s l't.FPlrc.!l.l/l-l l.atm.odo.a ,!- ga!\ ,lirec on OPTIONAL INFORMATION di[GEon rrcn otdw.ll to nd dliq .co..croror *rtr ontY ' :eet L TEDE3oIIWLLWCHELLWHNIoUI;RA5. Roanng Foffi Preserve Subdivision ll (may oe provrdeo as an a(acnmeno:A. LEGAL OES cRlPno A. STATE PARCEL lOl (oorional): Fcrk PreseNe. LLCRoanng C. , .cr.t r,r rnc! 90.03 E. Will this bo the only wel are on this tracL see Instrucions) I on this Eacl? tr YES I lrtO rir other,rells USE(S) Form GWS--iS ( ta95) tl E I T t T E I I I I T I f f I t I LANO8. COLORT.DO DTYISION OF WATER RESO{-''RCES DEP.{RTME}IT OF NATU&TL RESOURCES I3I3 SEERMAN ST.' RM. SlE. DENVER CO 80203 phone - inio: (303) 866-3587 main: (303)856-3581 Water Well Permit APP|icationGENERAL PURPOSE Plcase note: Jther fo.ms afe avallaDle ior sgec'Jf/c uses including - restdential. Livestock. monrtonngi/obse.v.. gravel plts, rEgrstralro,l of old wall3) E Construct new wetl E Reolace exasting well E Change tsource) Aoutier E Other: EUse existing weil E Change or lncrease Use EReaopiication {eroreo oermrl Review in structions odor to com letin form 1, A PPLICANT INFORMAT]ON Roaflng =ork Preserue. lLC ? O. Box 1360 2. TYPE OF APPLICA TION (check applicable box(esl) Must be com leted in black ink or ed 6. USE OF WELL io lease a[ach defa,/ed descnotion) E INOUSTRIAL trI OTHER: OOMCSIjC ! coMMERCIAL E uutrttclP,qL El lRRrcATloN U F==.- LU | -- lumoer:r:'eao : A. LEGAL JESCRIPTIOI{ (nrav ce provded as an ataclmeno Roanng Fork P.eserve lhat thev are Irue to mv knowledge. direction o PTIONAL INFORMATION 'l used ior :ioo tmgaton. l(aca scaleo mao fiat shows rmqated area ) s.--RCPC SED \4rE!-L DRILLER ioPtronat) Shelton Drilling Corooration 1095 10. SIGNATURE oi aoolican(s) or authorized SWl/4 ihe maKtng oT faise stalements heretn consfltutes periury \ivell #4 r. LO CATION OF \/VEI-L 7trEI id..9re.|tn. wira dny ' rn the seccnd degree, wnlch is punishable as a class 1 mis- oemeanor pursuint to C.R-S.2++104(13Xa). lhave read the statements herein. know the contents thereof. and state r:uanerouanea NW1/4 aange : cr w 88trtrI l!ader o orGoon 1rc6 or<I dI lo nd w.{ 7. WELL DATA WATE EDcLwlULBEDNRWHNcIGHoRUDNoLA6 lo ilurNm osdtmq rar. Cumulative 5.62.rFI to-,L..J3asalt i.l.onotu tudo{ ' 6ouo. ar.. cao.! (970) 927-8336 m 100 ft. Roanng Fork Alluvium '.lonrtonng fore acxncwre69menr 3 3. ; acres 3 asalt Contract 367 o. !ls! anY otherwells orwat6r rlgntll usso on rhts land: l. REFER TO rif aooticaole) 'l,/atet coun c.3s€ , Eacn lot wtll use onlY one well 90.0 3 lnergenc,/ veflal : -VE. C. Ownar Roarrng Fork Preserve. LLC 36 :ecron Ciunw Gariield D|stance oI we rom seclon rnes 150 ft from EH Es 1045 ft from Ee B w2 otl6 .opr..nr .dd..u t'l .PPlr..ol.,it.rl loanon.ddrt.t. n L-r Y^c,<-/ CATCT DELLEaoL:Jc l_LWEWHNoRA Roanng Fork Preserve Subdivision A. LEGAL OESCRI PTlOll (may ca prov6eo as an anacnmeno 3. STATE PARCEL lOl {oodon.ll: C. , rcrta .n ract 90.03 Office iJ se Only WD MD-USEiS) Roannq Fork Preserve. LLC E. WiU this be the only well on this tract? trYES ENO {if other',vells are on this tract, see rnsfudlons) DIV CO Form GWS-I j t lli 95) I I I I 8A_ lt E E E T n T I I I t t E I E I T t I I I COLORT.DO DI!'ISION OF W.{TER R.ESOI"RCES DEP.{RT}IENT OF NATUR..\I RESOTIRCES l3l3 SEERMAN ST.. RM. ETE' DElrwR co 80203 phone - info: (303) 856-3587 main: (303)866-3581 GENERAL PURPOSE rPleasg note: cthea forms are avallable 'or spec,frc uses including _ res'dent Review instructions rior to comoletin form 2. TYPE OF APPLICATION (check applicable b ox(est) Water Well Permit Application ial, livestock. monrtonng/ooserv.. gravel oits reglsralion ol old wells) Must be com leted in black ink or E ,NDUSTRIAL E OTHER: OOMESTIC E ccMMERctAL E ltut'ttclPql El TRRTGATIoN Li - =:'J LU I - numDer ol neao : v.rrmom Dqmor.g ral. 15 m Cumuladve 5.a2 .{F 1OO ft- eoanng r-ork Alluvium 3. LA NO ON WHICH GROUND WATER WILL BE USED A. -EGAL oESCRIPTION irnay oe orovroeo as an aftrnmeno: Roanng Fork Preserve ,lf useo tcr a.oo rngaocn, litac'l scareo inao :iat snc,ris mgateo stea ) B. a acres :. Owner 90.,13 ioarrng Forx Preserve. '-LC 0, lst any other wells orwatol nghts useo on t nrs rand E3cr lot wtll use onlv one well 9. PR OPOSED WELL DRILLER (oononar) Sheiton Drilling Coroora on 1095 10. SIGNATURE ci aooiican( s I or auinc nt T I I I T T I I T I I T t T T I E Consrruct new well E Reptace existing well E Change tsourcel Aquifer tr Other' 3. REFER TO , if aoolicaoler \/Veil #5 4. LOCATION oF "vE!-l-Counry Ganield EUse existing well E Change or increase Use EReaooticatron'exorco oetmo Secion 36 7trtr ianqe : cr W 88iEI o drelon lrc otds.rl to.d w.ll ieet The ma(inq oi false slatements heretn ccnstitutes pequrv rn the second degree. wnich rs punlshaDle as a class 1 mls- demeanor pursuant to C.R.S. 24-'L104(13)(a). I have read the sEtements herein, know the ccntents ihereof' and stale €-t *l-q-/ direciion OPTIONAL INFORMATION Cffice tlse Cnly that they are lrue to mY knowledge MGr o. orrgrn , s'qtallr.D-ff^ MD- cila /r/ Fd ..otac.manr wdl. odv ' 6. USE OF WEI-L ,please attacir detal/ed desctlollon)1. AP PL:CANT INFORMATICN Roanng icrr P!'eserye LLC 7. \JVELL DATA P O. 8ox 1360 :JY Basalt 81 621 _d.mo.. .sno.a l,.rdEa 4.4 cscor (970) 927-8336 walel caun aase , Basalt Contract 367 =,Itergenc/ veroal ; \/c vlonrlonng 'cre icxnoweoqmenl ; sw1/4 ilLranerOua(eflquanel N 8,1/4 14OO ft from EN 8s 1570 ft from EE El w 06tance ot \r€tl irom sedon ltoln.oplicantldda $l.o9nc.Dl.l'n. loqltson .ddrE.. Ac DTEILEaoLWELLHWNHcoCTTRA5 Roanng Fork Preserve Subdivision {rnay oe olovl(leo :r:i an allaglmeoo:A. LEGAL O ESCRIPTION 3. STATE PARCEL lOt {oltion5ll: C.,aatt.lnlt'ac! 90.03 Roanng Fork Preserve. Ll-C E. Will this be the only wetl on r EYES ENOri ,,!etls are ln ':is tracr, see rnsructions) his tract? i cuer USErS) Form GWS--15 (I1'9i) I I I l I Dtv_ co- ,4,/D _ BA- Co I t I I I ! I t I T I I T t T T T I I COLOR\.DO DTVISION OF WITER RESOTJRCES DEP.\RT}II)ff OF NATUR\I R.ESOURCES I3I3 SHERITAN ST., RYI. 3T8. DENYER CO 80203 phone - info: (303) 866-3587 main: (303)866-3581 GENERAL PURPOSE (Please note: other forms are available lor soecrfrc uses including - resdential, Review instructions o rior to comDletin form ,l Loz , Water Well Permit Application livestock, monito.rng,/observ.. gravel prls' r6qs0'aoo, of old '.vrlh) Must be com leted in black ink or ped '!!.rrmum pumor.q r.r. 15 m aumuiaive 5.62 .AF 100 ft. Roanng F.rx Alluvrum Basalt 3. REFER TO lif aooricaole) r^/erl #6 Ganield Quaaieflquaner NW1/4 8. LAND ON WHICH GROUNO WATER WILL BE USED 3. a acra3 90.03 C. Owner quarter Roarrng icl-< Preserve. -!C 9, PRO POSED WELL DRILLER loottcnao Shelton Dnllin Corooraton l noE 10. SIGNATURE of aoolicant(si or au(h ent that they are true to mY knowledge. u,\1" 1z!ao i^qi^toJ Office Use Only MD- SW1/4 ;he makrng or lalse statemenls nereln constltutes perlury in the seccnd degree, which rs punlshable as a class I mls' .emeanor pursuant to C.R.S. 24-.r-104(13)(a). I have reao lhe statements heretn. know the ccntents ihereof, and state Ranga : cr W 88tr8 o a sTAre plncel lOl loodonal|: 6. USE OF WELL i lease anach dela,/ed lescnotion)1. APPLICANT INFORMATI ON E rNousrRlAL EI orHE,R: Domestic E CoMMERCIAL = r,4uNrclPAL E IRRIGATICN L- rE=U LIJ I - aumoer or iead : Roaflnc Fcrk Preserve. LLC 7. WELL OATA P J, JOX iJOU iA.o.bra Mo6. rr@@e area c.oar 1970) 92;-8336 2. TYPE OF APPLICA TION lcirecx applicable box(esl)A. LEGAL CESCRIPnON lmay oe prcvdeo as an sBacnn:en0 Roanng Fork PreserveEl Conslruct new well E Reolace existing well E Change (source) Aquifer EUse existing well E Change or lncrease Use EReapplication (erpred permrt) :l useo tor croo rngalon. aiacn s@leo ma9 thal shows 'r:.aaled area)i Cther: Wa(er ccu( .3se B Easalt Ccntract 367 o. Llst any olier wells or water rrgnts usall on $ls lano: =3ch lot will use onh/ one well.lvlonrlonnq fole acxnowleogmenl IE netganc/ vercal + .VE. 4. LOCATION OF WEI-L 7tr8Secoon 0istanco o! wal iiom seclon lmes 1440 ft from EN EIs 1240 ft from Ee E w troin .ppn€ar ..l.l...r I rt 4P[caDl.lrv.rt lo€oon .ddr6.. I OPTIONAL INFORMATIONdirec on For r.Caa.riant w!rl. onlY _ distllc..l|d 6fitcuon 16m old wdl lo dH w.ll feet 5. TRACT ON WHIC:.i WEI-L WILL BE LOCATED PTIoN {may oe provtded as an atlacnmeno: Roaring Fork Preserve Subdivision l. LEGAL DEscRl Roaring Fork Preserve. LlC C. : ecrrr in lr.cr 90.03 E. Will this be the onlY wel tr YES EI NO (ir othet wetls are On !hrS tracl. see rnstnrctlonsl I on this tract? USE'S) Form GWS-.IS (1ll9i) I I Dlv_ co_ WD- BA- I I I I T I t I I T T t T I T t I I T 1. COLOR{.DO DTYISION OF W.{TER RESOTIRCES DEP.{RT]VIENT OF NATURAL R.ESOI,iRCES t3r3 SHER1\,1uY ST., R..M.8r8' DEN\rER CO 80203 phone - info: (303) 866-3587 main: (303)856-3581 GENERAL PURPOSE tPleasa note: othel forms are avallable ior sDecfic uses ,ncluding _ resloentlal. Eeview instructions r to com letin form APPLICANT INFORMATICN Water Well Permit App lication w6lls)ivestocx. inonrlonng/obsen/-. gravel plts. ,REsttillio, o, old Must be com leted in black ink or ed 6. USE OF WEI-L ,pt ease atlacn :etarled descuotion I E INOUSiRIAL EI CTHER: DOMESIiC E coMMERCIAL E it tut'ttc:P,cL E IRRTGAiION L_.,1 rE=U r_U | .- numoer ar head 100 ft. Roanng ForK Alluvium A. .iGAL 0ESCRIPTION (may oe plovloeo 3s an atEcnment Roanng Fork Preserve tll used for croo rr:gauon. :nacn scaGd mao lialsno fls rmgaleo alea.) 3, ; acres 90.03 Rcafln-o Forx P'eserve. -!C o. Llst any otnetwallS orwator nqht:l u!€<r oar thll lano: Eacn lot ,,vtil use only one well. L PROPOSED WE!-L DRILLER roottonatl r0. SIGNATURE ci aoDlicant(s) .r autno 1. rYpg or APPLICATION (check applicable box(es)) 3. REFER TO irf aoDricaDle, \/Vell #7 Couaty Ganleid ,.luaner ;he maxrng oi false statements herern constltutes perlury in ihe second degree. wnich is gunlsnable as a ciass '1 mls- demeanor pursuant to C.R.S. 24-4-:04(13Xa). I have reao ihe statements hereln. know the conlents ihereoi, and state o,ll ", Ouaneflauaner SWT,/4 Jrstance orwe ircm seclon lrne! 1735 ft from ON Els 500 rt tom tre E w that thev are true to mY knowledqe wdl loc.uon.do6l.ddl.rmr trod .rprionr .odt l. xt.ppric.Dl.l M.rrr o. org,n./ .qElue ,a a-l- e e-,- OPTIONAL INFORMATION 5. TRACT ON WH IC:I WELL WILL BE LOCATED A LEGAL O ESCRIPN ON (may D€ Provded as an atacrmeno Roanng Fort< Preserve Subciivision Cffice Use Onry orv WD BA- MD- Rcanng Fork Preserue. LLC 7. WELL OATA Cumulative 5.a2,\F urmuo pumor.g..r. TN :.r UUBasait 6tozI ITEARLLIEBEUqGHoRNUWDNoHCINLAD3 i...o.Ena .@o.r (,.duoa irat cootr 970) 927-8336 EI Construct new well E Reptace existing well E Change (source) Aquifer tr Other: EUse exisring well E Change or lncrease Use EReaoolicaion (erorreo permrt) lvalef @un casa , Easalt Contract 367 :nelgency verca 5 .VE. tr4onlcflnq nole ao(nowleogmenl ; 1notrShelton Drilling Corooradon,r. lOClTtOtt OF WELL Aange E or w 88tr8 o Seqlon .-to 7tr8 direction uo dieuoo tim old *.ll lo nk wnlFor r.C.cnnl t.rl. o.rY ' feet B. STATE PARC lO# (opdon.l): Roaring Fork Preserve. LLC C. , ac,ra in ttiat 90.03 E. Will this be the only wel NO rit other wclB arc on lhls tract. see instructlons, I on this tract? tr YES EI USEiS] Form OWS;5 ( ti'9j) I I P O. Box 1360 oc COLORADO DTWSION OF WATER RESOURCES D EPART}I,ENT OF NATIJRAL RESOURCES 1313 SIrER-vtAN sT., Rvt. 818. DENVER CO 80203 phone - inio: (303) 866-3587 main: (303)866-3581 Water Well Permit APP|icationGENERAL PURPOSE Pleasa note: other forms are available for specritc uses rncluding - resdential, livestock. .non(ofinqy'observ.. gravel pits. /slrslraaon of old wells) Review instructions or to comoletin form Must be com leted in black ink or ll.ldum pudprnq..r. 15 m Cumulative 5.42 rF 100 ft. Roannq Fork Alluvium 2. TYPE OF APPLICATION (check applicab le box(es)) 3asalt Contract 367 :l.eloeno,/ veroat 3 .VE. Well t9 Dlslancs or \,€n trom seclon lrnes ;o, ..oLcanrnr w.ilt oll.v -aicuon rroo ota -rl to ne *ett feet A. .EGAL OEScRtpttox (may oe provreo as an a(acnmen0 Roanng Forx Preserve Suboivision 3. I.AND CN WHICH GROUND WATER WILL BE USED f.,t e! - q- e,/ direction OPTIONAL INFORMATION 2135 it from EN Es 380ftkomtreEw that they are true to mv knowledge D. Lrst any ooer w.lls orwator ngnts useo on irooltonnq nole acxnowr@qmenl ;Each lot wiil use cnlv one well -q. PROPOSED rivE!-L DRILLER rootionai) 1O- SIGNATURE ri aoolicanlls) cr au rhonzed ent The maKlnq oI false slatements neretn conslltutes perluf/ in rhe second degree, wnich rs punishable as a class 1 mrs- demeanor oursuant lo C.R.S. 24'L104(13)(a). I have reao the statements hereln, know the contents thereoi, and state APPLICANT INFORMATION 6. USE OF WELL rp lease a(ach detailed descflotion)1. ?oanng Fcrk Preserve. '-LC E INDUSTRIAL EI OTHER: OOMESTIC E CoMMERCIAL E MUNICIPAL EI IRRIGAIION D FEED LOT - nu.!e. ai head : 7. WELL DATA P. O. tsox 1360 316213asalt iallrE !a 6dmaa 1 ,E uoa arx c5oa, (970) 927-4336 EI Conslruct new well E Replace exisling well E Change (source) Aqulfer tr Other: EUse existing well E Change or increase Use EReapplication (exoreo oermrt) ilf useo for croo rnqanon. rnach scaleo mao lhai snoxs rmqated area.) A. .EGAL OESCRIPION (may oe orov6eo as an Roaring Fork Preserve C. owner loaflng Fork Preserve. -i-:90.0 3 J.REFER TO (if aoolic3ole) 1095Sherton Drllltn Corooraion.I. LOCATION OF I/VELL Ouafle(,auafler NWl/4 SW1/4Ganield :aunw o Aang6 a or W 88tr87trElSecnon oaqllq,rorlr .pPLc.nt ..ldtr.t I'l rpp.ic.!r.l,/r/arl locrlm.o.lhra+r,16l c€ ong,.., rqnaur.A TEDCAILLEL3WELLc:tWHNIoTRA A. STATE PARC lO* lopoonall: Roaring Fork Preserve. LLC C. , .ct- in ttet 90.03 Cfilce Use Calv WD USEiS)E. Will this be the only we ll on this tract? trYES E NO lif orhe.'.!rlb are on this rad. 3es rnstrudions, DIV BA- MD Form GWS--IS ( l?95) E n t-l t.t T T t-l t-t E E E T E E E n E E I I I COLOR\DO DTWSION OF W.{TER RESOTIRCES DEPARTMENT OF NATUR.\L RXSOIT'RCES rilj SHEB.VL\\ ST., RIV[.8r8' DENyER CO 80203 ,ncne - nro: (303) 366'3587 main: (303)856-3581 GENERAL PURPOSE Water Well Permit Application Ptease note: other foms are avallaolg tor soec,frc uses including - .esdential. livestock. monfionng/observ.. gravel otis. /.egrstraoo,, ol okl'.Yrlls) Review instructions rior to c omoletin iorm P. O. 8ox 1360 Must be com eted in black ink or E INOUSTRIAL EI OTHER: OOMESTC E CoMMERCIAL E MUNtctPqL E IRRIGATICN Ll lhtrU LQ | -- numberofheao: 7. WELL DATA M.rrmlm p@prng.ri. i:m Cumulative 5.62 .\F 8. LAND ON WHI CH GROUND WATER WILL BE USED A. LEGAL OESCRIPTION (mav oe prov'oeO a5 an Roaring Fork Preserve (lI used lor crco mga$on. 3ltasr scaEd mao irat snolv! rmgaGo aloa'i Roannq Fcrx Preserve. -l-C 1095 O IOZ r ()uaner Sasalt 3. REFER TO rif aoolicaole) :mergenca verDal t .VE. ;JuntY Ganield CO 90.0 3 O. Lisa any other wolts orwatal nghts usad on til5 rand: i.r,lodlonng nole acKnowreoqmefll i Each lot '#ill use onlY one well 9. PROP OSED WELL DRILLER (oolionar) Shelton Dnllinq Corooration Cuaner/ouaner NE 1/4 10. SIGNATURE ci aoolican(sl or autnonzgd efli SEi/4 l-he maxing ol latse sEtements herern conslrtutes Pe4urv in the seccnd degree, .vnich is punlshable as a class 1 mrs' demeanor oursuant to C.R.S. 24-'l-1 04(1 3)(a). I have reao the statements hereln. know the contents that thev are lrue to mY knowledqe. thereoi. ano state Office Use Only 5. USE OF WELL I lease anacn detaled descnotion)1. APPLICANT INFORMA TION Roannq Fork P'eserve, l-l-C reuf.. 1OO ft. Roaring Fork Alluvium-:GlM. .qno.r i nsuo. ar.a coc. I i970) 927-8336 2. TYPE OF APPLI CATION (check applicable box(es)) E Construct new well E Reolace existing well E Change lsource) Aquifer EUse existing well E Chanqe or lncrease Use ElReapplicaion (exoreo oe.rn[) tr Other: ',!ater caun6ss t Basalt Contract 367 Well *9A ELLWFNoCAooTIL4. Secuon iowngno NolS 7tr8 Ranqe E or w 88tr8 o 5 ft from EH Els 710 ft from EIe E w Ois€nco oI wll lrom s€coon Murr b! orr9rr.l t'![Eur.a oim rgflrcenr ea*crr lrtapPrceolr!,{.u l6.om.ddr.ta' ,, i^c-a-/ OPTIONAL INFORMATIONdirecion r.d orGnoli iloo ord w.n to od K.lior rapucor.m *ar onti ' feet wt TECA DLLE3LEWLLHWcIHNoCTTRAc Roanng Fork Preserve Suodivision loeo as an aGlcrmenoA. LEGAL OESCRIP TION (may oe prcv B. STATE PARCEL lD# (oPtion.l): Fork Preserve. LLCRoaring C. , ac,!t rn ttlct 90.03 :. nrill this oe the onlY wel I on inls tract?xto _- vES 8I NO rif othea .r,ells are on this raal. 3ee rnstruelonsl USE'S) Fonn CWS-+5 ( t'-..9i) I I I I I I I T I I I I I I I ! t T T I Dlv_ cc_ WD I t I I I I I I t T t I I I I I I I I T 229032TELL PERMIT NUMBER FOR OFFICE USE ONLY APPROVAL , G!,rrS3l -g t '23 NSTRU STATESTATE TRPORETESTNDACTIONocWELL EERNENGIETHrcFOFEFoORADOLcoOF Pr6sgvBs) P.O. Box 1360 aaselt. co. 81621 (970) 927€836 h.ling Addrsss Clty, SL ZP ' Pttono 114 Sec. 105 LOT Ranqe 98W Sec. lina. OR FILING(UNIT) 3. 35 Two orsrnNces FRoM sEc. Ll NES STREET AOORES s AT WELL LOCATION 07S Eastn. from BLOCK NE 1t4 SE South Sec. line. ano1715 ft. from SUBDIVISION: ft. TOTAL DEPTH A €i DATE CCMPLETED OEPTH COMPLETED Ir Rotary EESU DRILL 4:l lo ln)FROM TN} 5. GEOLOGIC LOG 6. t€LE OIAM. rin) otor. 8nd TyPC)YF ol op:xll ocks8ould6rs LAIN NG7 oO 0n)KindValley E Yapontgs 0.2&eel0 To (i' PVC Siot SizePE b €355 i '1 )ts€l From (O INGF 7.0 Mateflal Size : lnterval 9. 2acrar Placamean TYPe Oepth pourBd--6:16iTsar3 sl(s-camg 25-35WATER LOCATED RE}iIARKS , TESTING METHOO Air comP.tssor sHii'LLiJ'l' -- rz t oatarfimeMeasured : 1?!21nom PumprrE Lev€{ , Total I oatdTime l/|€asur€d ' 122112ffi Amt. Phon€13. co.p.Sh€tton 2 2q- 4.d- t ,iiai-.!.)ql- r.a bgr-ro It1 TestDATA TcnoNINFEDtS otm.FOnfleoSuomtsDatalfBoxChcd(I(TESTUIELL Rernarks g2741u( gPrli hrs. Produclion Rate T€st Lengdl O6te ol Ogo1 fypc or Print) ntn6 Iitrto i T.rtle (Pl€asa g I I I t Enltoo vt lll Sit! I I I /S?S MANAGEMENT PLAN I I T I T I I I I I I I I I T I t t I SEWAGE REOUIRENIENTS FOR T[tE ROARING FORK PRESERVE Due to recent concerns in Garfield County regarding traditional Individual Sewage Disposal S;-stems (ISDS) and the potential for these systems to reduce the quality of surface and shallorv ground rvater. the Roaring Fork Preserve proposes that all nine lots be required to provide Secondary Treatment of their wastewater. through an Individual Sewage Treatment Sl,stem (ISTS). An ISTS treats wastewater aerobically. maximizing the oxygen level in the system to enhance bacterial growth. The abundance of bacteria then dieests the wastewater and break down the harmful pollutants. There are many different t-vpes of aerobic systems available on the market today and each system employs a unique melhod of treatment. Aerobic treatment systems use technology such as Sequencing Batch Reactors. Activated Sludge, and Trickling filters or a combination of these processes to achieve the desired quality of discharged water or effluent. Most systems have options for further treatment such as denitriircation, disinfection, and even treatment up to drinking water standards in the extreme case. Since aerobic systems require oxygen as an essential part of treatment. they use mechanical pumps. compressors, motors and electronics to maintain ideal conditions for bacterial growth. Because of the mechanical components. these systems are more expensive to purchase, install and maintain. Therefore, all of the systems installed on the Roaring Fork Preserve will be required to have bi-annual tests and routine maintenance to insure that each system functions properly. These systems can even be designed with a remote warning system so that if there is a problem, a technician will be notified and the problem can be fixed immediately. The Colorado Department of Health (CDOH) has approved various systems that meer rhe NSF International Srandard 40' (ANSVNSF 40 -1999) for Residential Wastewater Treatment Systems. Although some of these systems treat water to a quality that could be released safely into surface water drainages, the CDOH does not allow this type of discharge. CDOH requires ftat these systems discharge into an absorption field similar to a traditional ISDS. This type of release will further treat tIrc effluent before being returned to the environment. In summary, the Roaring Fork Preserve will require as a minlmum: . An engineered ISTS and subsurface drain field for each residence o All ISTS systems shall meet the minimum requirements of ANSI/NSF 40 . System sized by the engineer or manufacture adequate to treat the wastewater produced by the lot I NSF (National Sanitation Foundation) Intemationat Srandard 40 is available ar: http://www.nsf .org/publications/ Please see the attached for an example of Protective Covenants for an ISTS system. ::.;i; j ( t,,/,, 'C;i;,_ =i I !i b.H ,,4 E l f ll T t E I T I I E I I E I I I I &orccztv Couax^rs 6** t Ir I T I I I T I the Lot or Lots of the lvlember or group of lvlembers and may be collected in the same manner as assessments or othenvise, Section 4.1+ Water, Water shall be supplied to each Lot by a central rvater system rvhich shall be orvned, operated and mainreined by'the Associatron. All *ater use sh,rll be metered by; water meters or other measuring devices approved by the Association. The Association shall be responsible lor setting all rates, fees or charges lor the provision thror.rgh the rvater system ofrvater service to the Lot, and each Orvner shall pay to the Association the rates. fees or charges applicable to his respective Lot. The obligation of Orvners to pay the Association tbr such rvater service shall be a personal obligation of the Orvner rvhich the Association shall have the porver and duty to enforce. Additional rules and regularions conceming the use, operation, and limitation of the water system and the rvater supply thereby may be promulgated by the Association and, ifso promulgated, shall be binding upon each Unit Orvner. Section 4. 15 Wastewater Treatment. Wastewater treatment shall be supplied to each Lot by individual sewage disposal system ("ISDS") installed by each Orvner in accordance rvith the ISDS Design and Performance Standards set forth in Section 17.1.D and maintained by the Association in accordance rvith the provisions ofthe ISDS lvlaintenance Plan set forth in Section 9.4. The Association shall be responsibie for setting all rates. fees or charges for inspecting, ;;r,t;fiG and repairing each individual system and such rates, fees or charges assessed by the Association against each Lot for such inspection, maintenance and repair shall be a personal obligation of the Orvner thereof which the Association shall have the power and duty to enforce. Section 4.16 Equestrian Facilities/Sen'ices. The Association may promulgate rules and regulations governing the stabling, pastr.rring or boarding rvithin the Common Area ofhorses owned by the Orvners. The total number of horses that may maintained as such within the Common Area at any one time shall not exceed _. The Association shall be responsible for setting all rates, fees or charges instant to such stabling, pasturing or boarding and such rates, fees or charges shall be a personal obligation of the Owner thereof which the Association shall have the power and duty to enforce- ARTICLE V POIVERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION Section 5.1 Association Rules. From time to time and subject to the provisions of the Association Documents, the Executive Board may adopt, amend, repeal, suspend and publish rules and regulations, to be known as the "Association Rules," governing, among other things and without limitation: (D The use of the Common Area, including any recreational facilities which may be constructed on such property, the personal conduct of the Members and their guests, and the establishment of penalties, including, without timitation, the imposition of fines, for the infraction of such Association Rules; DecIaration of Protecttve Cove antt Cerise Ranch Subdivbion. 0J-Feb-00 t0 E T t I T I I h to begin at the point rvhere a utility provider ceases responsibility for maintenance and repair for a pxnicular utilit_,-. The responsibility of an Orvner tbr repair and maintenance shall include those portions ofsaid Orvner's Lot, other Lots, unplatted lracts. platted open space. platted easements, and streets and roads rvhich are crossed by such e utility service line or other improvement. All such e\penses and liabilities shall be b,rme solell' b1' rhe Ou ner ofsuch Lor. u'ho shall have a perperual easement in and to that pan of the Propertr Iy'ing outside of such O*'ner's Lot tbr purposes of maintenance, repair and inspection. Each Orvner shall r,rse the utilit.u., sen'ice easement provided herein in a reasonable manner and shall proruptll- restore the surt'ace overlf ing such easements rvhen maintaining or repairing a utilit)/ service line or other improvement. C. No Orvner shall construct any structure or improvement or make or snffer any structural or design change (including a color scheme change), either pemranent or temporary and of any type or nature whatsoever to the exlerior of his residence or construct any addition or improvement on his Lot rvithout first obtaining the prior written consent thereto from the Design Revierv Board pursuant to Article XVI hereto. Section 9.2 Common Area. The Association shall maintain the Common Area as set forth in Section 6.3 above. lvlaintenance oi the Common.{rea shall be performed at such time and in such a marner as the Association shall determine. Section 9.3 Roads. A. The Association shall maintain and keep the Roads in good repair, and the cost ofsuch maintenance shall be funded as provided in Article XI. This maintenance shall include, but shall not be limited to, upkeep, repair and replacement ofthe Roads (rvhich shall include, without limitation, snow removal services). The Association's responsibility for Road maintenance under this Section applies whether or not such Roads lie on a Common Area, or some other area of the Property. In the event the Association does not maintain or repair the Roads, Declarant shall have the right, but not the obligation, to do so at the expense of the Association. The Association may contract for these services with any public or private entity. Section 9.4 ISTS lvlana qement Plan . A. In order to ensure that each ISTS installed within the Property is inspected on a regular basis and properly maintained, the responsibility and authority for such inspection and maintenance shall be vested exclusively within the Association. This management plan is not Dctldrstion of Protective Covenq s Cerise Ranch Subdivision. 03-Feb-00 I T I l8 I u E n lt T E B. If the Executive Board deems it advisable, the Association may, at any time, enter into a written agreement to dedicate or convey the Roads to either a metropolitan district or to Garfield County. ln the event a dedication to Garlield County is made wrder this Section, the Roads must meet all Garfield County road and trail plan standards applicable at the time of such dedication. Garfield County SHALL HAVE NO OBLIGATION TO ACCEPT THE OWNERSHIP OF THE ROADS OR THE RESPONSTBILITY TO VIAINTAIN THE ROADS. u intended to provide for common orvnership of the ISTS's or to provide common funding for the construction. repair or replacement thereof, such ow'nership and responsibility for construcrion, repair and maintenance to remain rvith the Lot Orvner. B. In accordance with the above. the Association shall (i) retain at all times, the sen'ices of qualitied personnel to inspecr the ISTS's and to pertbnn alI maintenance and repairs necessary to ensure that same are installed properly, remain in good operating condition and comply *ith the performance requirements set fonh rvithin Section 17. LD.; (ii) inspect the operating components of each ISTS within (30) da."-s of being placed into operation; thereafter, each ISTS shall be inspected at least quanerly; (iii) test the BOD and TSS content ofthe effluent being discharged by each ISTS at least biannually; and. (ir) maintain at all times rvritten or other pemianent records documenting the date each ISTS rvas inspected or tested, the results ofsuch inspections or tests and the extent of all maintenance and:/or repairs performed. .{.ll documents maintained by the Association pursuant to this provision shall at all times be available for inspection by the Lot Orvners andror authorized representatives Garfield County Department of Building and Planning. C. The follorving provisions shall apply in the event the estimated maintenance or repair costs required of any ISTS exceed in total during any one calender year, $ 1000.00: (D the Association shall give the Lot Owner rvritten notice ofthe nature and extent of the work necessary, to retum the ISTS to good operating condition and/or bring the ISTS System within the performance requirements set forth within Section 17.1 .D.iv; and (ii) within (30) days ofreceipt ofsuch notice, Owner shall at his orher own expense cause to be completed, the repairs set forth witlxin the notice. ln the event Owner fails to complete such repairs within this time period to the satisfaction of the Association, the Association shall have the authority, in addition to any other remedy provided within this Declaration or the Act, to take any of the following actions: a. to impose against Owner, a fine not to exceed $200.00 for each day in which the System remains unrepaired; and/or b.to discontinue domestic water service to Owner's Lot: and./or c. to complete on behalf of the Owner the required repairs to the ISTS. All costs incurred by the Association in connection rvith the restoration shall be reimbursed Declaration of Protective Covera ts Cerise Ra ch Subdivisio,t. 0l-Feb-00 19 I I E T T T I I E I E I T T I t I t E t to the Association by the Orvner of the Lot, upon demand. All unreimbursed costs shall be a lien upon the Lot until reimbursement is made. The lien may be enforced in the same manner as a lien tbr an unpaid xssessment levied in accordance rvith Article XI oi rhis Declaration. D. in the evenr the.\ssociation fails to properlv implement and entbrce the provisions oI this mancgement plan set tbrrh in this Section 9,4., the Board of County Commissioners tbr Garfield Counn, Colorado and its duly authorized represenratives and agents, shall have all the right to enter upon the Propert-v and implemenr and enforce such provisions at rhe expense ofthe Association or exercise any other right or po"ver afTorded under this Declaration or the Act including, but not limired to, the initiation ofappropriate proceedings in the District Coun for Garfield County, Colorado, to compel enlorcement of the provisions of this management plan. E. The provisions of this Section 9.-1, shall not be amended or repealed by the Declarant, Association or Lot Orvners rvithout the written consent of the Board of County Commissioners for Garfield County, Colorado. Section 9.5 lvlaintenance Contract. The Association or Executive Board may employ or contract for the services ofa third party to perform cenain delegated porvers, functions, or duties of the Association to maintain the Common .{,rea. The employed individual or maintenance company shall have the authority to make expenditures upon prior approval and direction of the Executive Board. The Executive Board shall not be liable for any omission or improper exercise by the employed third party of any duty, power, or function so delegated by rvritten instrument execured by or on behalfofthe Executive Board. Section 9.6 rvner'a o In the event that a Lot and the improvements thereupon are not properly maintained and repaired by an Orvner, or in the event that the improvements on the Lot are damaged or destroyed by an event ofcasualty and the Owner does not take reasonable measures to diligently pursue and repair the reconstruction of the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction, then the Association, after notice to the Owner and with the approval of the Executive Board, shall have the right to enter upon the Lot to perform such work as is reasonably requLed to restore the lot and the buildings and other improvements thereon to a condition ofgood order and repair. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Lot, upon demand. All unreimbursed costs shall be a lien upon the Lot until reimbursement is madc. The lien may be enforced in the same manner as a lien for an unpaid assessment levied in accordance with Article XI of this Declaration. ARTICLE X INSURANCE AND FIDELITY BONDS Section 10.1 reasonably available General Insurance Provisions. The Association shall maintain, to the extent DecIarotio of Protective CovenaIts Cerise Ratch Subclivision. 03-Feb-00 I I I T I T I ! T T T I t ?0 T T E E I I t I I I ^\RTTCLE XVII PROPERT\' USE R.ESTzuCTIONS Sectir.rn 17. I General Restriction. Subjecr io Declarant's rights unCer this Declaration, the Propenl *ill not be used tbr any purpose other than as set tbrtll in these covenanrs. as pemritted by an,u'applicable ordinances ,rf the Counrl'of Carfield and the laws olthe State of Colorado and the United States. and as set fonli in tiie Association Documents or other specitlc recorded covenants affecting all or any pan of the Property'. B. Excavation. No excavation rvill be made except in connection rvith improvements approved as provided in these covenants. Forpr.rrposesof this Section, "excavation" mearls any disturbance of the surtace of the land uhich results in a removal ofeanh, rock, trees, or other substance a depth of more than eighteen ( 18) inches belorv the natural surtbce of the land. C. Water. Eachstructure located rvithin the Property and designed foroccupancy shall connect rvith the central water svstem made available bv the Association. D ISTS D es qn an d P orlnance Stan dards. Each ISTS installed within the Property shall comply with the follorving requirements: (i) each system shall be designed by a professional engineer registered in the State ofColorado pursuant to Colo. Rev. Stat g i 2-25-1l l (1999); (ii) each system design shall adequately address the soil percolatioir conditions present at the Lot site, which percolation rates shall be verified through appropriate on- site testing; (iii) each system shall be designed to adequately service at least (4) bedrooms; (iu) eachsystem design, tfuough the incorporation ofrecirculating trickling filter, sequencing batch reactors and"/or other accepted on-site wastewater treatment system technologies, shall be capable ofproducing effluent quality which meets or exceeds the requirements of the United States EnvironmentaI Protection Agency for secondary wastewater treatment (30mg/L BOD and 30 mg/L suspended solids); Declaratio n of Protective Coven d nts C eris e Ranc h Su b tlivis io n. 03-Feb-00 !It I f E T E E E T I I .{.. Use olLots. Subject to Section 17,5, rvhich permits certain business uses of a Lot, and Section 3.5.F. rvhich pennirs modei residences and offices under certain circumstances, each Lot mav be used only for residential purposes in accordance rvith the restrictions applicable to a panicular Lot set forth in thrs Declaration and the PIat. No business or commercial building may be erected on any Lot and, excepl as noted above, no business or commercial enterprise or other non-residential use may be conducted on any part of a Lot. T 38 T I T T I I I T I T I I (r) the rops of atl tanks or risers extending therefrom shal[ be surtlce accessible to facilitate s) stem testing and nuintenlnce: and 1vi) alI absorption fields shril be sized to xdequatel]/ sen'ice (J) bedrooms. Trench segments rvirh at leasi (6) teet ofseparation shall be used rrhenever practically ttasible. .\ mininrum of (3) similarll' sized trench segnlents should be installed rvirh altemating values or a distribution box that allo\is isolation ofeach segment. llonitoring pipes shall be installed at the tar end ofeach trench segment to allow inspection ol tield condition. Ila bed must be utilized, single dosed zones shall be acceptable. Iimounding is required to establish (.t) feet ofsuitable soil, a single pressure dosed zone shell be acceptabte. If a bed or nround is used, a minimum of(2) monitoring pipes shall be installed at the far end of the bed or mound. Follorving ISTS installation, each Lot Orvner shall provide the Association rvith as- built drarvings depicting, in relation to the other improvements on the Lot, the location and dimensions ofthe iSTS tacilities including the absorption field and monitoring pipes, all applicable design. operation and maintenance speciflrcations of the system's manufacturer and rvritten cenit'icarion from the designing engineer that the ISTS rvas installed in conformance with the requirements above strted and all applicable design specifications ofthe manufacturer. In the event rhe ^A,ssociation fails to properly implement and enforce the design and performance standards forth in this Section 1 7.1.D., the Board of County Commissioners for Garfretd County, Colorado and its duly authorized representatives and agents, shall have all the right to enter upon the Property and implement and enforce such standards at the expense of the Association or exercise any other right or porver afforded under this Declaration or the Act including, but not limited to, the initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the same. . The provisions of this Section 17.1.D shall not be amended or repealed by the Declarant, Association or Lot Orvners without the written consent of the Board of County Commissioners for Garfield County, Colorado. E. Wells/Dritlins. No well from which water, oil or gas is produced will be dug, nor wiI storage tanks, reservoirs, or any instaliation ofpower, telephone or other utiliry lines (wirc, pipe or conduit) be made or operated anywhere on the Property except in connection with water wells and works operated by the Association, public agencies or duly certified public utility companies; provided, however, that the foregoing will not prevent the drilling ofor installation of additional water rvells by Declarant or its assigns. The drilling or excavation for minerals shall not be permitted on the Property . F. Antennae. No exterior radio, television, microwave or other aritennae or antennae dish or signal capture and distribution device rvill be permitted without the prior written consent of the Design Review Board, and appropriate screening. Decl at'ation of Protective Covenuts Ce r is e Ra nc h Subttivision. 03-FeE00 39 TRAFFIC REPORT/IMPACT FEBS T T T I T T ! T I I t I I T T T I T t ESTIMATED TRAFFIC GENERATION ROARING FORK PRESERVE Below are the calculations to determine the average daily traffic volume that can be expected to be generated ar build out of the Roaring Fork Preserve: Number of Primary Residences: 9 Number of Accessory Dwelting Units (ADU): 4 Number of Vehicles per Day generated by single-family detached residential per ITE Trip Generation Manual, 6ft Edition: 9.57, Use -!p (9 Primary Residence + 4 ADU) x 10 trips/day/residence = 130 ADT Based on the Capital Improvements Plan as adopted by the Board of County Commissioners the Roaring Fork Preserve is not located in an impact fee related area. i0 \ l-t E t T T I ! I E E E T n t I I T E E DRAINAGE REPORT T I I t I I I I I T I I I t I T I I I I T T I I T T I I I T I I T I I I I T DRAINAGE REPORT FOR ROARING FORK PRESERVE GARFIELD COUNTY, CO HCE JOB NO. 2000039.01 September 8, 2000 Vernon D. Hope, II, P.,VAL Deric J. Wal Design Engineer Revie by: Project Manager t r\sp\1000\019\drsinrsc.doc I E o tl l1 ,3 Coopr Avenue Glenwood Sp ngs, CO t1601 Telepho* (970) 945-8,676 - Fax (r0) 945-2555 14lnv€mess Drive Eesr Suir. 8-144 Englewood. CO 80112 Tcl.phonc (3O3) 9254544 " Fai (3O3) 9254547 SECTION INTRODUCTION DRAINAGE PLAN ROARINC FORK zuVER EROSION CONTROL SUMMARY DR.AWINGS:Vicinity Map (8.5" x I l") Proposed Grading and Drainage Plan (11" x 17") SCS Soil Map (8.5" x I l ") Floodway Map (8.5" x I l") PAGE I I I I 2 T t I I I lt I E T E t T T f u I t TABLE OF CONTENTS The Roaring Fork Preserve is a 90-acre site bounded by County Road 100 on rhe south and the Mayfly Bend Ranch/Roaring Fork River on the north, the Coffman residence on the east and the Gerbaz residence on the west. Approximately 37-acres of the site have been historicalty irrigated for hay and pasrure. Outside of the irrigated areas and along the natural channels, cottonwoods dominate the vegetation. The riparian edges are vegetated with alder, willow and other shrub species. See the enclosed Vicinity Map for site location RAINAGE PLAN Natural drainage paths as well as most irrigation ditches will be left intact. This ensures that, in general, overland flow will follow predictable historic paths. This also decreases the amount of grading necessary for roadways and actual building areas and thus reduces the possibility of erosion. Culvens as shown on the Grading and Drainage Plan have been located to prevent stoffnwater runoff from ponding along the proposed roadway. No detention is proposed for this developmenr because of the large lot sizes, diffused flows. and the fact that the existing drainage has direct access ro river via existing channels. The magnitude of the flows and flow paths associated with the river far exceed any reasonably possible on-site storm event. Therefore. the natural channels existing on the site will be more than adequate to convey any flows that originate on rhe site. ROARING FORK RIVER The only major drainage basin affecting the property is the Roaring Fork River. The Roaring Fork River florvs along the northern most property boundary for a distance of approximately 600-feet. According to the Floodway Map, (Community Number 080205C. Panel 1880, Revised January 3, 1986) produced by the Federal Emergency Management Agency, all proposed building envelopes are located outside the 1OO-year and 500-year floodways of the Roaring Fork River. The approximate site location is shown on the enclosed FEMA map and the Grading and Drainage Plan. The 100-year floodplain and 100 year flood]ray lines from the Roaring Fork River that affect this property have been shown on the Grading and Drainage Plan, a reduced copy of which has been included in this report. In general, erosion control will consist of disrurbing as little existing vegetation as possible and, therefore, reclamation of as little area as possible. However, during the construction of improvements on each lot, it is recommended that silt fences be utilized as a protective barrier between the construction site and the adjacent wetlands and/or channels. It is anticipated that areas that must be disturbed (outside of the areas immediately adjacent to dwellings) will be revegetated with a grass and shrub mixture thal approximates the natural vegetation of the site. T !t E T t T T T T I E l tl E I I I f INTRODUCTION EROSION CONTROL -l- SITMMARY -2- The preliminary plan for the Roaring Fork Presene includes onll minimal drainage improvements because ofthe extensive natural drainage network throughout the site. The intenr ofthe proposed plan is to rvork u'ith the natural amenities and protect them so they can continue their natural function. Itf : I !i, | ..-t i -Jr ii.' dal," I I t: i I /,,,. ..t/; *iuF..=i-*t..,l. 1 Ii I €.. --::----. 1 I lDE1/E !azv'.-4 '.rr.aa|'l.\,..-...}I ';4'.. /.&l .,.' '-''' t ':.r-_':i /') I HIGIi COUNTRY ENGINEERING, INC SC ALE r "= 2000'923 COOPEfl AVENUE o_Er.&vooo sPRtNcs, co 81601(970) 945-8676 DES. DJ!'V CK YOU FLE NO 2000039.0 I T1 CARIIELD COUNTY, CO BOAS G rcft( P8ESE8\IE VB{TY MIF DR. DJII aart e/oa/aa SHEEI OF VICINITY MAP l.r i I '1 .'.,..'' .',,1 '' UrrE I 1 L r)b ,2e 25 ( /.! \p5 '-t' / "-_J,,/. :- i.. t3 ..i5 \.--.----\.tl 36 _l_,:u ,--j CAsEONDATE B \r- \ \r a B \ 1 HIL E MENT \ , ]: 2It I .i 106 SCS SOILS MAP NUMBEB HABACTEREN 13, AIENCIO-AZELTINE coMPLEx (3-62 SLoPES' OEEP, WELL ORAINED, MODEBATE PERMEABILI , solL TYPE B.) 92, MUSSEL LoAM 02-l5Z SLoPES, DEEP, WELL ORA|NEO, MoDERATE PEFMEAB|L|TY, SotL TypE C) HIGII COIJNTHY ENGINEERING, INC SCA,E r " = 2000'923 COOPER AVENUE GTENwO@ SPB|NGS. CO 8!60l (970) 94s-8676 JES DJW CK. YOU I CARF ELO CCUNIY, CO ROAfit{G FOfr( PfiESEB\E SCdt sot-s MAP Di C J!'v DArE 9/08/00 :L: NC 2000039.01 SHEET OF \ a -.==: rJ I 42 )35 Io6 t L I JJ 3a 2 1 RESIDENTIAL DEVELOPMENT lOO-YR fruaQ-ev rdBY=b704, q - ,l I fi-^oos *Y fr--,C*a,*autx .ZtA3t-lsF ). L.0 €?a -tL z-o,1 ok FEMA FLOODWAY MAP FEDERAL EMEBGENCY MANAGEMENT AGENCY FLOOD BOUNDAFY AND FLOODWAY MAP COMMUNI|Y-PANEL NUMBEB OEO2O5-1880 HEVISED JANUAHY 3, 1986 HlGl'{ cOU[rRY ENGNEEHI'IG, lNC.SCALE: 1"= 2000'923 COOPEB AVENJE GLETwOOD SFR|NGS, CrO &60t (970) 945-8676 ]ES, D"W CK YOU CARFiELD COUNTY, CO ROAT\IG rcH( PFESERVE FEMA F.OOOWAY MAP DR. oi!'J DArE 9/OA/AO iILE NO 20@039.O't OF I I I I I I I I I I I 't ) I I I IIIIIIIIIIIIIIIIIII 4RIVEB l I 1 I' ir I I at- rol l ,,, I\./ l iL. 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'i 1 i ' iil i Ii 'I ! - -'t' I--1' I 1*i I. i, Jq ?1 '1 rt i, .aI i I ; I +. t2 ! F I t' E i ; C Eli rlE r! lt It ? 9 $I 8 t 8 f 8 8 E 8 8 8 I 8 I 8 I 8 8 8 H ts E E ;I 8 8 8 t t I 8 8 8 8 H IE ts h COUNfi ROAD lOO Rt etr.r,i!qI{ H Es T =F- ttlt corlrxr Ers€Ear{ rc 92a CO@E 1 lvfnrEot{w@o eE{aq @ daor Eto70) Da'a6r! Fxorol eat25!5 io^f,rNc roRr( PRlsa(w. rLc FOAE{O FOR PAESENIVE mAD ], OR XACa ERCgOa{ COiTIRol- .rd mAD Pt-AI{/FnoEl I I I I 'I I I ! 6l|l !a / I ilu$ \ I I ,\ .:'. !: I I I t :... ' # ' ili, Is: .,/- .:. .t. ' ;\.\ I ''::.."- + WETLANDS REPORT T I I T I t I T I T I I I I T I I t I I I I I t I I T T t I T I T T I t I T FEPLY IO ATTENTION OF DEPARTMENT OFTHE ARMY U.S. AR Y ENGINEER DISTRICT, SACRAMENTO COFPS OF ENGINEERS ,I325 J STNEET SACRAMENTO, CALIFORNIA 95814.2922 January 16, 2001 Reguiacory Branch (2O0A'7 5471) Mr. Dave McMorri sRoaring Fork Preserve, LLCPost Office Box 1360 BasalE, Colorado 81621 Dear Mr- McMorris : I am responding to your requesE, submj.EEed by Beach Environmental , LLC for a Department of the Army permiL Eo consErucE an access road crossing of wecl,ands locaEed at the Roaring Fork Preserve. The crossi.ng involves a 24-inch culvertIocaled bet.ween loEs 5 and 7 and is located approximaEely onemile easE of Carbondale between the Roaring Fork River and CounEy Road 100 wiEhin Ehe NW L/4 of SecEion 3G, Township 7 South, Range 88 West, Garf ield Count.y, Col_orado. The Chief of Engineers has issued nationwide general permiE number 14 whj-ch auE.horizes E.he discharge of dredged or fillmaEerial in waters of the UniEed StaEes for minor road crossings. We have deE.ermined E.hat your proj ect !,rif l- not. af f ecE Ehreatenedor endangered species protected by Ehe Endangered Species Act.Your project can be construcE.ed under E.his auEhoriEy provided E.hework meets E.he condiE.ions listed on t.he enclosed informaE.i-onsheeE.s- We also underst.and Ehat exisE.ing we!'1ands (roadsidediEches) and vegeE.aEive buffers (along Ehe Roaring Fork River)wilL be preserved and maintaj.ned E.hrough fencing and otherproEect.ive designaE.ions. You musE send a signed leEter ofcerEificatsion to Ehe Corps of Engineers wiEhin 3O days aftercompletsion of the work (see general condition nuniber 14) . A copyof tshe certification sEaE.ement is included for your use. This verificaEion is valid unt.i1 January 16, 2003. If you hawe not compleEed your project. by that time, you shouLd contacE E.he Corps of Engineers Eo obtain information on any changes which may have occurred E.o the naE.ionwide permitss. you ire reiponsiblefor remaining informed of such changLs and for ensuring tlat allconEract. personnel are familiar wiEh Ehe terms and conditions oft.his permj- E. - -2- I _^.---*: have assigned number 200075477 Eo your projecE. please I refer Eo t.hj-s number in any eorrespondence wiEh t.his office. If- you nave any questi.ons, please contact me at. Eelephone number(970) 243-1L99, exE.ensi-oir re . T I T T I I I T T I I T I I Enc losure s Copies Furnished: S incerel y , Susan Bachini NalI Environmental Engineer Northwest.ern Colorado ReguLaEory Of f ice402 Rood Avenue, Room L42Grand Junction, Colorado 81501-2553 Suite,e . -.Torine Lawyer, Beach Environmental , LLC, ?15 West Main,304, Aspen, Colorado 81G11. Mark Bean, GarfieLd CounE,y, 109 Bth SEreeE, SuiE,e 303,Glenwood Springs, Colorado - 81G01 Mr I E E I Beach Environmental. LLC Roaring Fork Preserve Subdivision Wetlands Identification and Delineation Ronald Liston Land Design Partnership 91 8 Cooper Ave. Glenrvood Springs, CO 81601 Project No.: 0256 September 19, 2000 Dear Ron: Beach Environmental, LLC was retained to complete an identification of wetland areas upon the propeny known as The Roaring Fork Preserve Subdivision. This 90-acre parcel was visually inspected by staff of Beach Environmental over a period of several days to identify on-site wetlands and any potential impacts the proposed roads and building envelopes may have on wetlands. The findings and conclusions ofour work have been included as an attachment to this letter. In accordance with accepted practice, hydrology, vegetation, and soils were examined to identify areas qualiflng as jurisdictional wetlands. The on-site field reconnaissance indicates wetlands exist within the 90-acre parcel and within several of the proposed building envelopes. These areas have been identified on the attached mapping and with the exception of the proposed main access road traversing the property, no impacts to jurisdictional wetlands within building envelopes need occur. The main access drive to the suMivision will cross a jurisdictional wetland and consequently, a U.S. Army Corps of Engineers permit will be required. We have provided a wetland map outlining these areas for your convenience. Please call with any questions you may have. Sincerely, B Principal By su'r. lO4 Aspen, CO al6l I T€l (97O) 9?5.347s lar 925-47* Jorine K., MESM t t E I E I I ! u E I I lt T I T T I I Project Location & Description The Roaring Fork Preserve is located on the north side ofCounty Road 100, 1.5 miles east of Carbondale. in Garfield County, Colorado. The subdivision is 90.03 acres in total and is proposed lor a nine-lot split. Lot sizes range ftom approximately 5 to 16 acres. lValand Classification Jurisdictional wetlands were found to exist in and adjacent to the Slough Ditch and Barning Lateral irrigation system as it crosses the Roaring Fork Preserve property. In certain areas, the inlluence ofthis ditch on the native soils and vegetation is significant. In other areas, the in{luence is timited to the ditch course alone. A comprehensive evaluation of hydrologic, vegetative and soils conditions were completed using methods prescribed and accepted by the U.S. Army Corps of Engineers. soil bores and pits were completed for a distance of35 feet from the proposed centeiline crossing of the ditch by the main access drive to the suMivision' The soil pits and subsequent analysis ofthe existing vegetation and hydrologic conditions support a finding that this area (see attached rnapping) is a protected jurisdictional wetlands. In addition. several small ditch laterals crossing the property and severa[ small pothole depressions support hydrophytic vegetative communities which may qualify as jurisdictional. A complete deiineation ofthese areas was not completed since they constitute small isolated areas within large building envetopes. These areas have been identified in the boundary map and while not impacted by the development proposal they should be protected from construction activities. Moreover, since all wetlands provide numerous environmental firnitions and create ecological value, it is recommended that disturbances in the imrnediate vicinity of these identified willow, sedge and rush communities be minimized. Waland Funclion & Values Beach Eurirotrmental. LLC Roaring Fork Pr€serve - Wetland tdentification ) E I T I t t t t I T I T T E E I t t I Wetlands have been traditionally valued for their wildlife babitat and riparian attributes and have been described nretaphorically as the "kidneys ofthe landscape." Vegetation within and adjacent to wetland areas fie known to absorb deleterious nutrients such as nitrate, and via denifficatiorl converts nitrate into benign nitrogen gas. This biochemical process helps to eliminate nitrates into our waters thus increasing ovemll water quality. The wetland communities, for the most part on the Roaring Fork Preserve, are made up of grasses and grass like vegetation which frurction as filters for agricultural nrnoff in the area. They are in topographic low spots adjacent to the irrigation ditches. A srnall pothole willow community exists on the eastem property boundary along the ditch lateral crossing Lot 5. This community provides habitat and shelter for a variety of small mammals and bird species including Dusky Flycatcher, MacGillivray's Warbler, Wilson's warbler, Fox Sparrow, Lincoln's sparrow, and white-crowned Sparrow. The preservation of these wetland communities is highly recommended. Wetland Assessment \l:rin \ccess Rorrd The main access road from County Road 100 enters the Roaring Fork Preserve hom the South and travels northward for approximately 1000 feet where a secondary drive branches eastward for approximately 1000 feet and terminates into a cul-de-sac. The main stem continues northward for approximately 600 feet and terminates upon the northem properry boundary. The road crosses a series of irrigation ditches along its path. The only crossing supporting wetlands is located approximately 650 feet from the southem entrance across the Slough Ditch and Banning Lateral irrigation ditch. Wetland boundaries were detineated and are clearly marked on the enclosed boundary map. (See photo exhibit Fig.l &2). Fi n di ng and Reco mmendat ion : The proposed road crossing at the Slough Ditch and Banning Lateral will impact jurisdictional wetlands unless it is spanned by a bridge approximating 75 feet in lenglh. As a jurisdictional wetlands, no dredged or fill material may be ptaced within the wetlands without prior permitting and approval by the U.S. Army Corps ofEngineers' If it is determined that a culverted bridge structure is to be used a permit application will be required. Lot I Lot I is 5.30 acres and located in the northeast ofthe Roaring Fork Preserve. Dominant vegetative species on this lot include narrowleaf cottonwood, Bebbs willow, Canada and bull thistle, wild wood rose, Colorado bluestenr, pasture grasses, Russian olive, sage, juniper and Ponderosa Pine. A two foot wide irrigation ditch traverse Lots 1 and 2 from east to west and widens at an agricultual road crossing. Grass wetland species, such as beaked sedge, colorado juncus, and bull rush iue present in and immediately adjacent to this ditch. Because the ditch is not in the building envelope, no delineation was undertaken and the Sketch Plan does not propose to disturb this area (See photo exhibil Fig. 3 & 4 and boundary map for details). Findings and Recommendalion: No wetlands were located within the proposed building envelope. The wetland vegetation along the small ditch provides important cover for small animals and if possible should not be disturbed. Beach Eavironmetrtal LLC Roaring Fork Preserve - Wetland ldentification J E f E I T f E E l tl E T T I T E I I T Lot 2 Lot 2 is 5.95 acres and located in the northeast comer ofthe Roaring Fork Preserve. Dominant vegetative species on this lot inctude narrowleaf cottonwood, Bebbs willow, Colorado bluestem, pasture grasses. wild rose. sage, juniper. and cacti. A 2 foot irrigation ditch runs ttuough Lots I and 2 westward. Grass wetland species, such as sedge, juncus, and rush are present in this area. Because this ditch is not in the building envelope, no delineation was undertaken but the ditch has been included in the attached mapping. (See photo exhibit Fig. 3 & 4 and boundary map for details). Findings and Reco mmendalio n : No wetlands exist within the building envelope. A willow carr habitat exists on both sides ofthe ditch to a distance of approximately 3 feet from the center of the ditch. This small ditch and the vegetation supported by it are also important to small mammals and birds and if possible should not be disturbed. Lot 3 Lot 3 is 5.38 acres and is located in the eastem portion ofthe Roaring Fork Preserve Subdivision. Dominant vegetative species on this lot include Bebbs willow, Colorado bluestenr, Canada and bull thistle, numerous pasture grasses and alfalfa. No wetland communities were noted during field inspection of this lot. Finding and Recommendation : There are no wetland areas on this lot. No recommendation necessary. Lot 4 F i nding and Reco mme ndat ion There are no wetland areas on this lot. No recommendation necessary. Lot 5 Lot 5 is 10.01 .rcres and located in the southeast portion ofthe Roaring Fork Preserve. Dominant vegetative species on this lot include pasture grasses, Englemann and Colorado Beach Enviroomcntal. LLC Roaring Fork Preserve - Wetland ldentification 4 E l-l E E I T E E l-l E T I I n T I T Lot 4 is 7.59 acres and is located in the center of the Roaring Fork Preserve. Dominant vegetative species on this lot include paSure grasses, juniper, narrowleafcottonwood willow, and sage. No wetland cornmunities were noted during field inspection of this lot. I blue spruce, Rocky Mountain willow sage, choke cherry, and sumac. The building envelope for lot 5 is traversed by a 2-foot wide irrigation ditch. The vegetative .orrl.unity in and adjacent to this ditch extends approximately 5.5 feet on either side and widens to approximately 20 leet in one section. The Stough and Banning irrigation ditch runs through the southem part ofthe lot and has been ctasiified as ajurisdictional wetland. (See boundary map ofdetails). A stand of willows is also present on lot 5 on the eastem lot boundary. This willow carr habitat eKends approximately 115 feet along the fence [ine. (See photo exhibit Fig' 5 & 6 for details). Fin di n g and Reco mme ndatio n : This loi supports numerous obligate and facultative vegetation communities, one of which lies inside ih" building envelope. It is clear that areas in and adjacent to the slough and Banning Ditch are jurisdictional wetlands but it is not within the proposed building envelopi. As the smaller ditch moves across ths building envelope there are small areas in and adjacent to the ditch which also constitute wetlands. These areas should be re-staked prior to construction in order to eliminate the possibility of impact. There is sufficient land area within the envelope to preclude impacts to these wetland areas. Lot 6 is 9.91 acres and is located in the south-east center ofthe Roaring Fork Preserve' Domirxant vegetative species on this lot include pasture grasses, quaking asperL narrowleaf cottonwood, sag., *i[o*, wild rose, and surnac. The building envelope is bordered by two irrigation ditches onthe north and south. Wetlands appurtenant to the Slough and nannin[ Oitch traverse the southern edge of the building envelope. Construction actMties must not impact these wetland areas (See boundary map for details). Lot 6 Findings a nd Reco mtmendatio n : Wetlands exist on Lot 6 and at the southern edge ofthe building envelope. The wetlands on lot 6 can and should be avoided by constructing all buildings and infrastructure away from wetland areas. Ifpossible, the building envelope should be reduced to eliminate any impact to wetland areas at the southern boundary ofthe envelope. Lot 7 Lot 7 is 13.13 acres and is located in the south-west center ofthe Roaring Fork Preserve. Dominant vegetative species pasture grasses, include narrowleafcottonwood, colorado bluestenL -J rr*u". Two inigation ditches pass within the building envelope. Both ditches support wetlfid vegetation. (see photo exhibit Fig. 7 for details). wetland Beach Environmenral. LLC Roaring Fork Preserve - Wetland ldentification 5 n I T E t I I tl u I I I I E E I I T E boundaries are illustrated on the enclosed maps. Both these areas constitute jurisdictional werlands. A one-foot wide irrigation dirch runs though the southem po(ion of this lot. There are no wetlands associated with this ditch. Find i n gs and Recomme ndatio n : The building envelope fbr this lot is traversed by two irrigation ditches which support jurisdictional wetlands. Due to the size of this building envelope, wetlands can and should be avoided. Moving the envelope southward on the lot would avoid all wetlands but if this cannot be accomplished, a staking ofthe wetlands should be completed and no impacts to these areas should be allowed. If impacts are required, a 404 permit from the U.S. Army Corps of Engineers will be required. Lot 8 Lot 8 includes 12.84 acres and is located in the south-west portion ofthe Roaring Fork Preserve. The lot primarily is an irrigated hay field dominated by grasses such as fescue, junegrass, wheatgrass, redtop, timothy, and brome. These grasses are among the pasture grasses found on all other lots. The slough and Banning Ditch runs ttuough the middle of the lot skirting the southern building envelope boundary and supports a jurisdictional wetland community. A l-foot irrigation ditch bisects the building envelope and the southem end ofthe lot, but there are no wetlands associated with this ditch. (See wetland boundary rnap lor details). Fin ding s a nd Reco mme ndalion : The building envelope for Lot 8 could be reduced slightly in size to avoid all wetland areas at the southem edge ofthe building envelope. Lot 9 Lot 9 is the largest lot comprising 16.07 acres in the northwest portion of the Roaring Fork Preserve. It is primarily an irrigated hay field dominated by grasses such as fescue, junegrass, wheatgEss, redtop, timothy, and brome. A l-foot irrigation ditch skirts the northern boundary ofthe building envelope, but there are no wetlands appurtenant to this ditch. Finding and Recommendalion : There are no wetlands on this lot. No recommendation necessary. Beach Environme[tal LLC Roaring Fork Presewe - wetland ldentification I E E ! T T T E T I E E E I T t T T 6I Irig I I I I I I T T I I I I T T I I I I I T .: :' .+ ,1i Extendetl Vieiv ol Jurisdictional Wetlands wirhin lvlirin Access Road. (Note: Creen Flags represent Wetlancl BoLtnclLtry) I] E.\C It E:'I\' I IION}IENTAL, LLC 715 \\'cst lllin Strcct, SLritc 104 .\spe u. ColollLrlr S l(r I I Ph()tr)grilphic Exhibit Rolring Folk Preserve Wetlands ldentificution t, r t'.','i t. i, t, li'i,W {, :.r: r 1S!1: :r * l:i.s l: Clrrse Llp o t'.iulisdictiotttrl Wctllntls ,rn \lrrin .\ccess Rtrad. * i'ltt, i. '.'o il, r'l!l ttt''t'ir' I ,(,,.. ,t\' ttlrl l I:ig 1; \\'ctlantl Srtutlt ol Lots I unr[ ]. t Vicrr t()\\ iI (l\ L()t l ) lJl: \( ll Ir\\ Il{( )\\llrSl'.\t-. l-t-(-Lj \\e.l \l.rrrt \ttic(. \uLle ill+ \\|. . (,,,,,t.1(lu S l(rl I l'ltltrr,:rrrIltiu [;r lt b t It,rrrtirt.- li,t k l)r'escrve \\ crLrrItl. lric rrr il'ieiLtion I I I E E T I T I T I I E E E t.l I E T Fi,.r .l: \\'ctlurttl l-,,eirtcrl rrr Srrtrth l:ntl ,rl l ,na -- 1 '..t. t.rr -. !'r,,r": lt I t Willorr' Putch ott Southcrst Cortt.'t'of Property. (Ltrt 5)Fig 5 I T T I T I I I I T I I I I I I T T I BEACH ENVTRONIVlENTAL, LLC 715 Wcst Iluin Strce t. Suitc -i().1 Aspe n. Crrlr;rldo ll l6 I I l'hoto-rrfaph ic Erh ibit llr)nring Fo[k Pl'esefve Wctlunds Idcntilleation 'b,.'-r:) ' .. #,'l i 'lq. I,|rE rt: '.- . tf '.1," t\ 1.. /!;Ii '/ ll,] 'lt I I I T T I I I I I T T I I T I I I I Ili^,?h'i 'i -{ Fig 6: Wetlands along Ditch thlouglr Building Envelope on Lot 5. k R BEACH ENVIRON\,IENTAL. LLC 715 West lvluin Street. Suite 104 Aspen, Cololado 8 t6 t I Phoroglaphic Exhibit Roaring Fork Preserve Wettands Identification l! .1 i.1 - .i11' Fis. 7: Wctlutttls uLrrtg Dituh tltroLrgh BLrildin-r Envelopc on Lot 7 I I T I I T T I I I I I T I T I T I T BEACH ENVIRONIVIENTAL. LLC 715 Wcst !luin Street. Surte -'10-l Aspen. Cololudo 8 l6l I Photo-*raphic Exh ibit Rolring Folk Preserve Wetlands Identificltion I 1, I t, I \l !'. ,'.:\.'li ,.t I I r ,:_ \\ Ir | _.- - .-- l - .t. .'-i-:l\ .:. .t 40c I RANCH AT ROARING:CRK, open spoce 'rr ;.1 . tt+Y I o \) 3 \Dc. ,/I-l 6.oa o l1: cr)o c VIETLANO 5o ,LE EUBANKht indu striol I I i I I I I I I T I I t T I T I f T I E I I JOANN.M AN rlture E} GEOTECHNICAL REPORT I T I I I T I I I I T I I I T I I t I L .- H Hep\rorth-Pawlak Geotechnical, Ioc. 5020 County Rosd 154 Glcnwood Springs, Colorado 81601 Phore: 970-945.79EE Faxr 970-945-845J hpgeo@hpgeotech.com PRELIMINARY GEOTECHMCAL STI.'DY PROPOSED ROARING FORK PRESERVE STJBDTWSION COI]NTY ROAD 1OO GARFIELD COLTNTY, COLORADO JOB NO. t00 627 NO\TEMBER 30, 2000 PREPARED FOR: ROARII\iG FORK PRESERVE ATTN: DAYID \ICNIORRIS P.O. BOX 1360 BASALT, COLORADO 81621 I{FPWORTE . PAWLAK GEOIECEMCAL, LNC. November 30, 2000 Roaring Fork Preserve Ann: David McMorris P.O. Box 1360 Basalt, Colorado 81621 Subject: Dear Mr. McMorris: Rev. by: IZA Job No.l00 627 Report Transmittal, Prelimimry Geotecbnical Study, proposed Roari:rg Fork Preserve Subdivision, Counry Road 100, Garfield Counry, Colorado. As requested, we have conducted a geotechnical study for the proposed Roaring Fork heserve Subdivision. The property is suitable for the proposed development based on geologic and geotechnical conditions. Subsurface conditions encountered in the exploratory pits dug in the general proposed development area rypically consist of 1 to 2 feet of topsoil overlying dense sandy gravel with cobbles and boulders. Groundwater was encountered between 4 and 7 feet in the pits. Spread footings placed on the natural subsoils and designed for an allowable bearing pressure of2,000 psf to 3,000 psf appear suitable for building support. The building excavations should be kept shallow to avoid groundrvater impacts. Engineered septic disposal systems will probably be needed due to the shallow groundwater condition. The report which follows describes our exploration, summarizes our findings, and presetrts our recommendations suitable for planning and preliminary design. It is imponant that we provide consultation during desigu, and field services during coDstruction to review and monitor the implementation of the geotechnical recommendations. If you have :rny questions regarding this report, please contact us. Sincerely, HEPWORTH - PAWLAK GEOTECHMCAL, INC. .1 --))i^^---l , -,^-.-l L Steven L. Pauitat, p.r. I T u T t-t I I E I ]t E I I t E t T I SLP/ksw TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY PROPOSED DEVELOPMENT SITE CONDITIONS GEOLOGIC SETTING FIELD EXPLORATION SI.JBSURFACE CONDITIONS GEOLOGIC SITE ASSESSMENT RTVER FLOODING ALLIIVIAL FAN FLOODING SINKHOLES EARTHQUAIG CONSIDERATIONS RADLq.TION POTENTLC.L FOUNDATIONS BELOW GRADE CONSTRUCTION FLOOR SLABS LIMITATIONS REFERENCES FIGURE 1 - GEOLOGY MAP AND EXPLORATORY PIT LOCATIONS FIGURE 2. LOGS OF EXPLORATORY PITS FIGURE 3 - LEGEND AND NOTES FIGIJRE 4 - SWELL-CONSOLIDATION TEST RESULTS FIGURE 5 - GRADATION TEST RESULTS TABLE I . SL\4N[A,RY OF LABORATORY TEST RESULTS 1 1 a ) 3 3 4 4 4 s 5 6 6 6 7 7 7 8 8 9 TABLE II . PERCOLATION TEST RESULTS H-P GEorEcH I E E L] I E I I I I T n I I PRELIMNARY DESIGN RECOIv{MENDATIONS . SI,JRFACE DRAINAGE . PAVEMENT SECTION PERCOLATION TESTING T ll E PURPOSE AND SCOPE OF STI.]DY PROPOSED DEVELOPMENT The Roaring Fork Preserve will be a nine lot residential subdivision. The lots range in size from about 5 to 16 acres, see Fig. l. The proposed building sites are located in the vicinity of our exploratory pits. It is expected that the residences will be large, multi-story buildings similar to those recently constructed in the area. The residences will have individual sewage disposal systems. The developer will construct the primary access roads in the suMivision. If development plens change significantly from those described, we should be notified to re-evaluate the recommendations presented in this report. H-P GEoTECH lt T u T T t I I This report presents the results ofa prelimiaary geotechriical study for the proposed Roaring Fork Preserve Subdivision to be located north of County Road 100, Garfield County, Colorado. The project site is showl on Fig. 1. The purpose of the study was to evaluate the geologic and subsurface conditions atrd their poteDtial impacts on the project. The study was conducted ia accordance with our proposal for geotecbdcal engineeriug services to Roaring Fork Preserve, dated June 28,zc/Jf. A field exploration program consisting of a reconneissance and exploratory pits was conducted to obr2in infonnation on the site and subsurface couditions. Sarrples of the subsoils sgreinsd during the field exploration were tested in the laboratory to determine their classification and other engineerfurg characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for project planning and preliminary design. This report surnmarizes the data obtained during this study and presents our conclusions and recommendations based on the proposed development and subsurface conditions encountered. n t I E I E f I I E n SITE COI\IDITIONS The Roaring Fork Preserve is located in the Roaring Fork Valley about two milgs gpsgsam from Carbondale. The property covers pdrts of the southern half of Sections 35 ald 36, T. 7 S. R. 88 W. County Road 100 borders the properry on the south, see Fig. 1. The Roaring Fork River borders Lots 1 and 2 on the north. The property is on the nearly level river valley floor. The valley floor has an average down stream slope of about 7% :othe project area. The valley floor consists of three terrace Ievels with the highest being about 5 to 10 feet above the river. To the south of the property the nearly level valley floor tralsitions to smzll alluvial fans that have average slopes of about 25% . The fan heads are located at the toe of the steep valley side where the colluvial slopes average about 80%. Drainage basins on the steep valley sides above the alluvial fans are small and usually do not exceed 2 to 3 acres. The drainages above the fans are ephemeral ald only have surface flow during heavy precipitation. At the time of our study the property was pasture and irrigated hay fields. Numerous irrigation ditches that diven water from the river .tre present on the property. Outside the irigated areas, vegetation consists of cottonwood trees, grass, and brush. GEOLOGIC SETTII(G Regional geology mapping shorvs that formation rock in the project area is tle Pennsylv:ni6 age Eagle Valley Evaporite (ICrkham and Widmenn, 1997). Rock outcrops are not present on the properry, but outcrops ald shallow colluvium (Qc/Pee) are preseut on the steep valley side to the south of rhe property. At the project site the Eagle Valley Evaporite is expected to lie below typical foundation excavation depths. The Eagle Valiey Evaporite is a gray ro ratr glpsum, anhydrite and halite with hterbedded siltstone, claystone, shale and dolomite. Bedding in the rock is usually complexly folded because of flow deformation of the plastic evaporite. The gypsum, enhydrite and halite are soluble in fresh water. Subsurface voids aad related sinkholes are sometimes preseft itr areas where the Eagle Valley Evaporite is near the surface. Evidence of sinkholes was trot observed on the property. H-P GEoTECH I I t.l It E E T E T n E T I T T E I I -3- Holocene and late Pleistocene alluvium deposited by the Roaring Fork River is present below the terraces on the property. The exploratory pits show that the alluvium typically consists of stratified silty saad and rounded gravel, cobbles and boulders in a silty to clean sand matrix. The alluvium in the pits extended ro depths greater than 7 feet. Three terrace levels are present on the properry (etI, er2 and et3). The lowest level consists of recently abandoned, braided river channels. The two higher terraces represent former valley floor levels. Along this reach of the Roaring Fork River, the modern river ch:nnel transitious from a straight, incised channel up stream of the County Road 100 bridge to a shallow, braided channel pattern down stream of the bridge. The bridge is located about one mile up stream of the project area. It appears that the channel in the braided reach may be slowly aggradingr.rnder present geologic conditions. SUBSLTFJ'ACE CONIDITIONS Graphic logs of rhe subsurface conditions encountered at the site are shown on Fig. 2. The subsoils typically consist of 1 to 2 feet of topsoil overlying relatively deuse, slightly silty sandy gravel containing cobbles and boulders. In pits 9 and 12, silty sand and sandy silt layers between 1 and 3 feet thick were eDcountered below the topsoil. H-P GEoTECH f I I E I t T I T I E E T E u E T I FIELD DGLORATIOIT The field exploration for the project was conducted on August 3, 2000. Twelve explomtory pits were dug with a rubber tired backhoe at the locatiotrs shown on Fig. I to evaluate the subsurface cotrditioDs. one pit was dug i-n each of the 9 lots and 3 pits were dug in the proposed access roads. The pits were logged by a representative of Hepworth-Pawlak Geotechnical, lnc. Samples of the subsoils were taken with relatively undisturbed and disturbed sampling methods. Depths at which the samples were taken are shown on the Logs of Exploratory Pits, Fig. 2. The samples were returned to our taboratory for review by the project engineer and testing. -4- Laboratory testing performed on samples obtained from the pits included natural moisture contenr and deusity, gradation analyses and liquid and plastic limits. Results of a consolidation test performed on a sample of sandy silt, shown on Fig. 4, indicate low to moderate compressibility under conditions of loading and wetting. Results of gradation analyses performed on disturbed bulk samples (minus 5 inch fraction) of the natural coarse granular soils are shown on Fig. 5. The laboratory testing is summarized in Table I. Free water was encountered in the pits at depths of 4 to 7 feet. The subsoils were moist to wet with depth. GEOLOGIC SITE ASSESSMENT There are several conditions of a geologic nature that should be considered in project planning and development. These conditions and their expectd influence on the proposed development are discussed below. RTVER FLOODING The lowJying ground along the river may be subject to occasional flooding by the Roaring Fork River. A hydrologist should evaluate the flood potential for the project. These evaluatious should establish potential flood levels and the need for mitigation to protect proposed structures, if any, in the low-lying parts of the site. The flood evaluation should also consider the possibility of river reoccupation of the abaadoned charmels and the possible need for river balk stabilization if buildings aad other facilities are located near the river. ALLWIAL FAN FLOODING The stream chennels in the small ephemeral drainages to the south of the project area (across 100 Road) are well defined on the steep valley side above the fans but ar the fau head the channels become shallow and poorly defiaed. This indicates that the fans are geologically acdve and could be the sites of future debris floods and debris flows. The probabilistic recurretrce times for debris floods and flows on the fans likely exceed 50 to 100 years, but the fans should not be considered totally debris flood and H.P GEoTEcH E u E n n f lt I E E E T T I T n E flow free. As presently planaed the proposed building sites are located well away from the fans and potetrtial debris flood and flow areas. If buildings or other facilities are plenned near the fans, then the potential for debris flood and flow should be evaluated on a faciliry specific basis. SINKHOLES Evidence of sinkholes was not observd in the field or on the aerial photographs of the property. The shkhole risk on the property is viewed to be low and no greater than that presetrt in other parts of northwestern colorado where the evaporite is near the surface. The potential for shallow zubsurfuce voids that could develop into sinkholes should be considered when plenning site specific geotechnical studies at the building sites. If conditions indicative of sinkhole related problems are encountered, the building site should be abandoned or the feasibility of mitigation evaluated. Mitigation measures could include: . Stabilization by Grouting . Stabilization by Excavation and Backfilling . Deep Foundation Systems . Structural Bridgiry . Mat Foundations . Set-back from the Sinkhole Home owners should be advised of the sidifiole potential, since early detection of foundation distress and timely remedial acrions are important in reducing the cost of remediation, should a sinkhole start to develop after construction. Water features such as landscape ponds and streams may need to be lined to prevent uncontrolled subsurface seepage. EARTHQUAKE CONSIDERATIONS The projecr area could experience moderately strong earthquake related ground sfiaking. Modified Mercalli Intensiry VI ground shaking should be expected durhg a reasonable service life for the development, but the probabiliry for stronger ground shaking is low. Intensity VI ground shaking is felt by most people and causes general alann, but results in negligible demrge to structures of good design and construction. H-P GEorEcH t I T t T I I I t T I E u E u 5 I I -6- Occupied structures should be designed to withstand Eoderately strong grouud shaking with little or no damage and not to collapse under stronger ground shaking. The region is in the Uniform Building Code, Seismic Risk Zone 1. Based on our curent understanding of the earthquake hazard in this part of Colorado, we see no reasotr to increase the commonly accepted seismic risk zone for the area. RADIATION POTENTIAL The project is not located in an area where geologic deposits are expectcd to have unusually high concentrations of radioactive minerals. However, there is a potential that radoD gas could be present itr the area. It is difficult to assess the potential for future radoD gas concentrations in buildings before the buildings are constructed. Testing for radon gas can be done after construction of a residence or other occupied structtue. New building are often designed with provisions for ventilation of lower enclosed spaces should post construction testing show unacceptable radon gas concetrtratioDs. PRELNINARY DESIGN RECONMENDATIONS The conclusions and recornmendations presented belorv are based on the proposed development, the site reconnaissance, subsurface couditions encountered il the exploratory pits, and our experience in the area. The recommendations are suitable for planning and preliminary design but site specific studies should be conducted for individual lot development. FOUNDATIONS Bearing conditions will vary depending on the specific location oithe building on the property. Based on the nature of the proposed construction, spread footings bearing on the narural subsoils should be suitable for building support. \\'e expect rhe footings can be sized for an allowable bearing pressure in the range of 2,000 psf to 3,000 psf. The upper sand and silt soils appear loose and may need to be removed aad replaced with compacted fill or the bearing level deepened to dense gravel. Foundation walls should be designed to span local anomalies atrd to resist lateral earth loadings when H-P GEoTECH L] l-l T T T E E T T t T T acting as retaining stmctures. The footilgs should have a minimrrm depth of 36 inches for frost protection. BELOW GRADE CONSTRUCTION Ground water level is relatively shallow tlroughout the project area. We did not find an excess hydrostatic pressure caused by a confining upper soil layer in the exploratory pits. This condition has been found in lowJying flood prone areas near the Roaring Fork River. Due to the 5hellew v,,31s1 level, it will probably trot b€ practical to protect below grade areas from wetting and hydrostatic pressure buildup by use of an underdrain system. We recommend that basements aod deep crawlspaces be avoided. Slab-on-grade floors should be placed near to above existing grade and crawlspaces should be as shallow as possible. FLOOR SLABS Slab-on-grade constructioo should be feasible for bearing on the nanrral soils below the topsoil. There could be some post construction slab settlement where there are loose sand and silt soils. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and colum-ns with expansion joints. Floor slab control joints should be used to reduce damage due to sbrinkage cracking. A minimum 4 inch thick layer of free-draining gravel should underlie interior slabs to facilitate drainage. STJRFACE DRAINAGE The grading plan for the subdivision should consider runoff through the project and at individual sites. Water should not be allowed to pond next to buildings. Exterior backfill should be rvell compacted and have a positive slope away from the building for a distance ofat least l0 feet. Roof downspouts and drai::s should discharge well beyond the limits of all backfill- PAVEMENT SECTION The near surface soils encountered in rhe pits below the topsoil consist mainly of silty sand and gravel which is a fair to good material for support of paveEent materials. H.P GEoTEcH E I n I T T I t I I T T I I n lt l-l I -8- We recommend the pavement section for the site roads consist of 3 inches of asphalt pavement oo 6 inches of Class 6 aggregate base course. The subgrade should be evaluated for pavement suppoft at the time of construction. Subexcavation of soft soils and replacement with structural saDd and gravel oaterials could be needed. PERCOLATION TESTING Percolation tests were conducted at each of the building sites to evaluate the feasibility of atr infiltration septic disposal system. The percolation hole was dug trext to each of the exploratory pits located as shown on Fig. l. The test holes (nominal 12 inch diameter by 12 inch deep) were hand dug at the bottom of shallow backhoe pits and were soaked with water one day prior to testing. The soils exposed in the percolation holes are similsl 1s those exposed in the adjacent exploratory pit shown on Fig. 2 and typically consist of I to 2 feet of topsoil above slightly silry to silry sandy gravel with cobbles and boulders. The percolation test results are presented il Table tr. Based on the subsurface eonditions encountered and the percolation test results, hfrltration septic disposal systems appear feasible with provisions to avoid the ground water level and rapid percolation rates at some of the !ots. We expect that mounded systems or other engineered s)'stems will be needed. A civil engileer should design the infiltration septic disposal system for each lot development. LI]\IITATIONS This study has been conducted according to generally acceptd geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the field reconnaissance, review of published geologic reports, the exploratory pits located as shown on Fig. 1, the proposed r-r-pe of constmction aud our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encouutered during coBstruction appear different from those H-P GEoTEcH I I I I T I I u u E t-l f lt E E f E -9- described in this report, we should be notifred so that re-evaluation of the recornmendations may be made. This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our inforrnation. As the project evolves, we should provide continud consultation, conduct additioual evaluations and review and monitor &s imFlementation of our recommendatiotrs. Significant design changes may require additional analysis or modifications to the recornrrendations prese d herein. We recommend on-site observation of excavations and foundation bea ng strata and testitrg of structural fill by a representative of the geotechnical engineer. Respectfully Submitted, HEPWORTH - PA CAL, INC. o Steven L. Pawlak, P Reviewed By: Jo yZ.r.,E s P/ksw cc: Land Design Partners - Attn: Ron Liston REFERENCES Kirkham. R.M. and Widmarur. B.L.. 1997 , Geologt LIap o! the Carbondale Quadrangle, Garfield Coun4', Colorado; Colorado Geological Survey Open File Repon 97-3. H-P GEorEcH T I I I I I I E E l E x E ti 7222:..1 r Qrtl ffi oe Rivor -f------------ Qtl Lot 1 lot 2 IPropEd lray,{ly Bond Sltdivtiqr 02 P-l Fz P42 P3 P{ Lotg Lot 4 I Lot 3 I P.{AE \P-11 -l \\ rF7 Co rrEr| RrndrtP{i\Lot 5 rP6I P-6 Der[ b Gdbsz Rendl I Lot 7 Lot vILotI )Qt3 10 QB County Road 100 Qaf Qaf -.\ /t 1 ttQdRe Qc/Re Rmring For*PrBerYB Gology ttlap and E$omffiy Pit l-ocalionr,**l HEPWORTH-PAWTAK GEOTECHNIGAL |rc. DPLAI{ATION: Qtl Abandmed River Ctnnnels Fe Eagle Valley Evapodb Oe LowerRiverTenace Conhc{ (appox.) Ot3 Higher River Tenace 1 Fan Head Channels Oc Collwium P-i r Egloratory Pit (apprcx.) 0 omtr-r-J Scslo I lL = 8m lL Calam t0lLQef Allwial Fans Fh.1 I I Qt2 \ I I 'l,g ffi ffi o LL I -c I o 5 qJ I -c o l) t! I E d o 5 o{,u- I o- o o!) I -E oo I +4:78 - J -200-l - iuo LL I .E oo 10 10 10 0 o 0 0 0 -'i +,kaz-) -200-2 lt:=25.2 DD=95 -2o0=58 WC=1.4 0D-9+ -200=55 LI= 20 Pl=2 wel2-2 DD-92 -200=51 PIT 5 (Lor s) PIT 6 (Lor 6) PIT 7 (LoT 7) PIT 8 (Lor 8) (Lor 1) PIT 2 (Lor 2) PIT 3 (Lor s) PIT 4 (Lor 4) PIT 9 (Lor e) PIT 10 PIT 11 PII 12 NOTE: Explonotion of symbols is presented on Figure 3- ROADWAYS PIT 1 5 7' ffi W \! a W Hffi E ffi ffi 'l5!ffi l'ffi \t '10 10 Fig. 2LOGS OF EXPLORATORY PITSHEPWORTH _ PAWLAK GEOTECHNICAL, INC.100 627 t T I I I T I T I T T I T t I I I I t :l LEGEND: TOPSOIIj orgonic sond ond silt, brown. SAND (SM); silty, sondy silt loyers. slightly cloyey, loose' moist. brown. GRA\EL, COBBLES AND BOUDERS (GM-GP); cleon to slightly silty, medium dense to dense, moist to wet with dePth, brown, subrounded rock' F 2' Dlometer hond driven liner somple. Disturbed bulk somple. = Free woter level in pit of timc of cxcovoting. NOTES: . Explorotory pits were excovoted on August 3' 2000 with o bockhoe' 2. Locotions of explorotory pits were meosured oPproximotely by pocing from ,eotures on the site plon provided. J. Elevotions of explorotory pits were not meosured ond logs of explorotory pits ore drown to dePth. 4. The explorotory pit locotions should be considered occurote only to the degree implied by the method used. 5. The lines bctween moteriols shown on the explorotory pit logs represent thc oPProximote boundories bctween moteriol tlpes ond tronsitions moy be groduol' E. Woter level reodings shovyn on the logs ryere mode ot the time ond under the conditions indicoted. Fluctuotions in woter level moy occur with time. 7. Loborotory Testing Results: WC=tVoterContent(7) DD = Dry Density ( pcf )*4 = Percent retoined on No. 4 sieve -2O0 = Percent possing No. 2O0 sieve LL=LiquidUmit(z) Pl = Plosticity lndex ('Z ) l.r Fis. 3LEGEND AND NO]ESHEPWORTH _ PAWLAK GEOTECHNICAL, INC.100 627 W I I t I I I I I I t T I T I ! I I T I Moisture Content = 25.7 Dry Density = 95 Somple of: Very Sondy Silt From: Pit 9 qt 2 Feet percent pcf - No movement upon wetting \) I ll I 0 1 2 N E .9 o o- Eoo 3 4 6 0.1 1.0 10 APPUED PRESSURE - ksf 100 627 HEPWORTH _ PAWLAK GEOTECHNICAL, INC,SWELL_CONSOLIDATION TEST RESULTS Fig. 4 I il I 100 T I t t I I I I I I I I t T I I T I t rlE iE Drl{6 u.s sr lo tD sa,Es rl.Era sgJliE eE{lrcs 24 IiR, 7 Ni 1lt5 !lI.I ln.tdt m ao Do zro6tn !o o- Fz/t0 LJo E.!oH 20 to o 6 trJz F LrJt Fz LJ()EL! o- 0 ro ?o lo rlo !0 l0 70 E to loo ,6r .qrz .oos.ooa nli 'olt, .or1 .!lo z5 17' DIAME]ER OF PARTICLES IN MILLIMETERS CIAY TO sLT C6BLES GRAVEL 78 Z SAND 21 LIOUID UMIT % SAMPLE OF: Sondy Grovel with Cobbles % SILT AND CLAY 1 Z PLAS]]CITY INDEX % FROM: Pit 1 ot 4 thru 5 Feet ID€ EEA!]NCS u.! sT fiolao ERrEs EEM Sq]^FE OPENINCS 24 HR. 'a5 u!{- ta HR r!t' o l0 N JO {o 90 l0 ,0 to 30 90 a0 aL!z FtrlE FzL!OE o- ,o <Jzqoa l Eoc Fz€ Lrl :OH 20 !o 0 too 1.75 127 ior.oot .@2 .odt .drg ,olo .05, .074 .150 DIAMEIER OF PARTICLES IN MILLIMETERS CLAY TO 9IT COEBLE: GRAVEL 82 Z SAND 16 LIOUID LIMIT % SAMPLE 0F: Sondy Grovel with Cobbles Z SILT AND CLAY 2 Z PLASTICITY INDEX % FROM: Pit 8 ot 3 thru 4 Feet a: x:rr-rs-a-n r.t!is-II[E-rriilltrr- --_{Ir;i-riE ra-.'Ec- FIG.5GRADATION TEST RESULTSHEPWORTH _ PAWLAK GEOTECHNICAL, INC.1oo 627 IIIIIIIIIIIIIIIIIII HEPWORTH-PAWLAK GEOTECHNICAL, tttc. TABLE I SUMMARY OF LABORATORY TEST RESULTS JOB NO. 100 627 so[ oa B[OBOCX TYPt UOUrO TIMIT PLASTIC INOEX ut{col{FhlED coMPaEsstvE STNENgTTI tfsFl PASSING NO.200 sttvI t96t t%l MOISIURE CONTEI'lT t%t OENSITY OEPT}IBONING Sandy Gravel with Cobbles m 14-51 Organic Silty Sand3112.2 o,1Y,4 ISandy Gravel wit Cobbles I Itl 2823-4 Very Sandy Silttro25.2 95I2 Very Sandy Silt220EE941%3.412 zI I I I II LI I I II IIII II I IIIIII --rIIII I III II t i-r_E I HEPWORTH.PAWLAK GEOTECHNICAL, INC. TABLE II PERCOLATION TEST RESULTS JOBNO. 100627 Page 1 of 3 Note: Percolation hole number corresponds to exploratory pit number (Fig. 1). Percolation holes were hand dug in boftom of shallow pits and soaked on August 3. 2OOO. Percolation tests were conducted on August 4,2OOO. Average percolation rates are based on the last 2 reading of each test. HOLE NO.HOLE DEPTH flNCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL INCHES) WATEB DEPTH AT END OF INTERVAL (tNcHES) DROP IN WATER LEVEL 0NcHES) AVERAGE PERCOLATION RATE (MtN./tNCH) 6y.2y1 4 6y,3y, 6y1 3%3 6y,4y.1% 4%2/,2 6y.5y,1 5v.4 1y. P-1 20 15 refill refill refill refill 4 2y,1y,1o 6 2y,3y, 7 3Y1 3% 6y,3%2./, 7 3%3% 7%4 3y. 6y.2%3y2 P-2 20 15 refill refill refill refill retill relill 7 3%3%4 6%6 v. 6 5Y.% 5%4% a%7y"1% 7y7 6y.1 6%5%% P-3 30 15 relill 5%5 %20 I T T n I I I T I E n E ll E E I E f E 3 ,| HEPWORTH.PAWLAK GEOTECHNICAL, INC, TABLE II PERCOLATION TEST RESULTS JOBNO. 100627 Page 2 of 3 HOLE NO.HOLE DEPTH flNCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL NCHEST WATER DEPTH AT END OF INTERVAL ONCHES) DROP IN WATER LEVEL flNCHES) AVERAGE PEBCOLATION RATE (MIN.NNCHI P4 30 15 refill refill refill retill 5 2%2% 6 5%3y,2 3y,1ta 2 5 2%2% 5v.3%2% 5%3v.2 3v.1y, P-5 15 refill a%6v,2% 30 6%5%1 5y.4y4 1 7%6%I 6%6y. 6%5%% P-6 15 refill refill refill 6 1 5 10 6 3 3 6%4%2 4y,1y, 1% Percolation hole number corresponds to exploratory pit number (Fig. 1). Percolation holes were hand dug in bottom of shallow backhoe pits and soaked on August 3, 2000. Percolation tests were conducted on August 4, 2000. Average percolation rates are based on the last 2 readings of each test. Note: I n I E t t.l t-l tl E E I u E I I E T E 30 Note: HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE II PERCOLATION TEST RESU LTS JOBNO. 100627 Page 3 of 3 Percolation hole number corresponds to exploratory pit number (Fig. 1). Percolation holes were hand dug in bottom of shallow backhoe pits and soaked on August 3, 2O0O. Percolation tests were conducted on August 4, 2OOO. Average percolation rates are based on the last 2 readings of each test. HOLE NO.HOLE DEPTH {tNcHES) LENGTH OF INTERVAL IMIN) WATER DEPTH AT START OF INTERVAL flNCHES) WATER DEPTH AT END OF INTERVAL flNCHES) DROP IN WATER LEVEL flNCHES) AVERAGE PERCOLATION BATE (MlN./INCH) P-7 26 't5 refill r€fill refill refill refill 6 3 2 6 7 1 6 I 3 5 3 5 7 5 P-8 20 15 a%% 40 7%% 7y,v, 7 6%% 6%6 v. 6 5%% P-9 24 15 refill refill 2%1%1% I 5 2% 2y,%'t y, 4%2%2v, I I u t.t E I I I E I I T u l-l I f f E I I I WILDLIFE REPORT I I I I T T T T I I I T I T I T ! I I PEATTIE NATURAL RESOURGES CONSULilNG, lNG. dT ;^ Kirk H. Beattie, Ph.D. 1546 E.12th Street Rifle, CO 81650 Oftice: Fax: Home: Cellular: a 970-625{599 970-625{600 970-625.0598 970-379-1451 I I I t t T I T I I I T I I T WILDLIFE REPORT FOR THE PROPOSED ROARING FORK PRESERVE SUBDIVISION Prepared for Land Design Partnership 918 Cooper Avenue Glenwood Springs, CO 81601 Roaring Fork Preserve, LLC P.O. Box 1360 Basalt, CO 81621 Prepared bv Kirk H. Beattie, Ph.D. Beattie Natural Resources Gonsulting, lnc. 1546 E. l2th Street Rifle, CO 81650 September,2000 E e-mail: beattie@ im ag e lin e.co m TE1r * P aqe TABLE OF CONTENTS lntroduction Description of Area Wildlife Field Survey lnterview with Dennis Gerbaz Wildlife lnformation From NDIS/SCoP Amphibians Reptiles Mammals Birds Threatened and Endangered Species Dogs and Pet Control Fences Garbage, Trash and Compost Containers Additional Restrictions/Requirements lndemnification Disposal of Animal Gadasses Securing hay Skunk and Raccoon Denning Areas Enforcement of Provisions by HOA Summary of Wildlife lmpacts Wildlife lmpact Fund 1 1 3 5 6 7 10 12 17 20 20 22 22 23 23 23 23 23 24 26 28 Bqefile Nelur,,t RoEiources Consuung, tnc. Sept'mD.r, 20OO I l-l T T E E T t I I I I E I t T I E I E u,ildllro Roport for the Roarlno Fork Preserve Subdlvlrlon Paoc I TABLE OF GONTENTS (continued) Paqe 29 Literature Cited 30 Tables F1 Figures Eertlre rv.turr, Resource, co,nautllng, lnc.Septemb€',fr@ Wlldllfe Rooort tor tho Roarino Fork Prqcerve Subdlvlllon Paoe ll Paqe 30 31 1a 34 39 41 LIST OF TABLES Table 1. Species of amphibians for which existing or potential suitable habitat exists on the Roaring Fork Preserve Subdivision as reported by the System for Conservation Planning. The status of individual species is also provided. Table 2. Species of reptiles for which existing or potential suitable habitat exists on the Roaring Fork Preserve Subdivision as reported by the System for Conservation Planning. The status of individual species is also provided. Table 3. Species of mammals forwhich existing or potential suitable habitat exists on the proposed Roaring Fork Preserve Subdivision as reported by the System for Conservation Planning. The status of individual species is also provided. Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Roaring Fork Preserve Subdivision as reported by the System for Conservation Planning. The status of individual species is alsd'provided. Table 5. Colorado listing of endangered, threatened and wildlife species of special concem. Table 6. Federal threatened and endangered species reported for Colorado. * Bealu,c Nctutzl Rolrources Consuung, lnc.Saptembe,r, 2O0O I T T t t-l E E E U\Illdllfo Reoort for the Roarino Fork Preserve Subdivislon Paoe iil T I T T I u E E E Wildllfe Reoort for the Roarino Fork Presorve Subd lv ts lon Paoe lv Paqe rl F2 F3 F4 F5 F10 F6 F7 F8 F9 LIST OF FIGURES Figure 1. Vicinity map showing location of the proposed Roaring Fork Preserve Subdivision in relationship to Carbondale, Colorado. Figure 2. Lot layout for the proposed Roaring Fork Preserve Subdivision. Figure 3. System for Conservation Planning (SCoP) mapped suitable habitat for the Great Basin spadefoot on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 4. System for Conservation Planning (SCoP) mapped suitable habitat for the New Mexico spadefoot on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 5. System for Conservation Planning (SCoP) mapped suitable habitat for the northern leopard frog on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 6. System for Conservation Planning (SCoP) mapped suitable habitat for the red-spotted toad on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 7. Approximate range of the boreal toad in Colorado. Source: Redrawn map obtained ftom Terry lreland, Division of Ecological Services, U. S. Fish and Wildlife Service, Grand Junction, Colorado. Figure 8. Documented geneml habitat of the wood fiog in Colorado. Soulce: Hammerson (1986:42). Figure 9. System for Conservation Planning (SCoP) mapped suitable habitat for the midget faded rattlesnake on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 10. System for Conservation Planning (SCoP) mapped suitable habitat for the eastem fence lizard on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Boattle Natunl Resources Consulllng, lnc.Seplembar, 2d)0 n I I E I t t-l T E T T I l-l E wlldllfs Roport for the Roarlno Fork Proserve Subdivl.lon Paoe v LIST OF FIGURES (continued) Paqe F11 F12 F'13 F14 F15 F16 F17 F18 F20 F22 Figure 1 1. Distribution of the fringed myotis in Cclorado. Source: Fitzgerald et al. (1994:104). Figure 12. Distribution of the Yuma myotis in Colorado. Source: Fitzgerald et al. (1994:109). Figure 13. Distribution of the white-tailed antelope squirrel in Colorado. Source: Fitzgerald et al. (1994:'170). Figure 14. Distribution of the big free-tailed bat in Colorado. Solid circles represent records of eccurrence. Source: Fitzgerald et al. (1 994:1 28). Figure 15. Distribution of the Brazilian free-tailed bat in Colorado. Source: Fitzgerald et al. (1994:127). Figure 16. Distribution of the spotted bat in Colorado. Source: Fitzgerald et al. (1994:127). Figure 17. Distribution of Townsend's big-eared bat in Colorado. Source: Fitzgerald et al. (1994:123). Figure 18. Distribution of the meadow vole in Colorado. Source: Fitzgerald et al. (1994:284). Figure '19. Distribution of the montane shrew in Colorado. Source: Fitsgerald et al. (1994:79). Figure 20. Distribution of Ord's kangaroo rat in Colorado. Source: FiEgerald et al. (1994:224). Figure 21. Distribution of the kit fox in Colorado. Source: Fitrgerald et al. (1994:309). Figure 22. System for Conservation Planning (SCoP) mapped suitable habitat for the black bear on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. BgE,'le Natunt Resources Consultlng, lnc.Septembe4 20@ n E I I I I I l-l I F19 F21f E I I I Wildlif€ RoDort for the Roarino Fork Prosorve Subdivlsion Paqe vl Paqe F23 Figure 23. System for Conservation Planning (SCoP) mapped suitable habitat for Botta's pocket gopher on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F24 Figure 24. Distribution of Botta's pocket gopher in Colorado. Source: Fitzgerald et al. (1994:203). Figure 25. System for Conservation Planning (SCoP) mapped suitable habitat for the desert shrew on the proposed Roaring Fork Preserve Subdivision. The proposed subdlvision is demarcated by the inscribed interior rectangle. F25 F26 Figure 26. Distribution of the desert shrew in Colorado. Source: Fitzgerald et al. (1994:89). F27 Figure 27 . System for Conservation Planning (SCoP) mapped suitable habitat for the dwarf shrew on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F28 Figure 28. Distribution of the dwarf shrew in Colorado. Source: Fitzgerald et al. (1994:81). F29 Figure 29. System for Conservation Planning (SCoP) mapped suitable habitat for the river otter on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 30. Distribution of the northem river otter in Colorado. Open cirdes represent historic records of occurence. Solid cirdes represent restored populations. Source: Fitsgerald et al. (1994:363). F31 Figure 31. System for Conservation Planning (SCoP) mapped suitable habitat for the mountain lion on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F32 Figure 32. System for Conservation Planning (SCoP) mapped suitable habitat for mule deer on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F30 Baetde Natural Resourcos Consul0ng, lnc.Soptembe4 2dn LIST OF FIGURES (continued) T I I E E t.t f I I E E I t I t E Wldllfe Reoort for the Roarinq Fork Preserve Subdivlsion Pase vll LIST OF FIGURES (continued) PaEe F33 Figure 33. System for Conservation Planning (SCoP) mapped overall range for mule deer on the proposed Roaring Fork Preserve Subdivision. F34 Figure 34. System for Conservation Planning 68oPl mapped summer range for mule deer on the proposed Roaring Fork Preserve Subdivision. F35 Figure 35. System for Conservation Planning (SCoP) mapped winter range for mule deer on the proposed Roaring Fork Preserve Subdivision. F36 Figure 36. System for Conservation Planning (SCoP) mapped resident population area and highway crossing area for mule deer on the proposed Roaring Fork Preserve Subdivision. F37 Figure 37. System for Conservation Planning (SCoP) mapped overall range for elk on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 38. Colorado Division of Wildlife lynx potential habitat map. Source: www. ndis. nrel.colostate.ed u/excop/imagesimaps/lynx.jpg. Figure 39. System for Conservation Planning (SCoP) mapped suitable habitat for the peregrine falcon on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 40. System for Conservation Planning (SCoP) mapped suitable habitat for the bald eagle on the proposed Roaring Fork Preserve SuMivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F41 Figure 41. Bald eagle winter and summer range in Colorado (Andrews and Righter 1992:68). F42 Figure 42. System for Conservation Planning (SCoP) mapped suitable habitat for BanoWs goldeneye on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. F3B Beatlle Nafural Resources Consultlng, lnc.Septamber, 2UN T T I l-l t-l E I T T T T I T F39 F40 E E E t f Wlldlifo Raoort for the Roarinq Fork Proservo Subdivlslon Pasallil P age i ,a .) I YJ F44 F45 F46 F47 F48 F49 F50 F51 F52 Figure 43. System for Conservation Planning (SCoP) mapped suitable habitat for the greater sandhill crane on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 44. System for Conservation Plannlng (SCoP) mapped suitable habitat for the Mexican spotted owl on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 45. Records of occurrence of the Mexican spotted owl in Colorado (Andrews and Righter 1992:178). Figure 46. Historical and current distribution of the sharp-tailed grouse in Colorado (Andrews and Righter 1992:93). Figure 47. System for Conservation Planning (SCoP) mapped suitable habitat for the sage grouse on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 48. System for Conservation Planning (SCoP) mapped suitable habitat for the westem burrowing owl on the proposed Roaring Fork Preserve Subdivision. The proposed subdivision is demarcated by the inscribed interior rectangle. Figure 49. Areas of fairly @mmon migrational sightings of whooping cranes in Colorado. Source: redrawn map obtained ftom Terry lreland, Division of Ecological Services, U.S. Fish and Wildlife Service, Grand Junclion, Colorado. Figure 50. Migration, winter, and summer range of the femtginous hawk in Colorado (Andrews and Righter 1992:79). Figure 5'1. Migration, summer, and winter range of the sandhill crane in Colorado (Andrews and Righter 1992:104). B€attle Neaural Resources Consulung, lnc.Saptomber,2qD LIST OF FIGURES (continued)T t I E l I T I f f T T I I I T t T Figure 52. Summer and winter range of the westem bunowing owl in Colorado (Andrews and Righter 1992:177\. Wldllte Reoort tor th. Roarind F ork P reServe SubdiYlslon Paoe lx Paqe F53 F54 LIST OF FIGURES (continued) Figure 53. Distribution of the longtailed curlew during summer and migration in Colorado (Andrews and Righter 1992:122). Figure 54. Approximate range of the southwestern willow flycatcher in Colorado. Source: map obtained from Terry lreland, Division of Ecological Services, U. S. Fish and Wildlife Service, Grand Junction, Colorado. 8e.n c irarurr, Resource. Consulung, lnc.September, 2O0O t.t n t T E I n lt I I T E f f t-l I I t-l T INTRODUCTION Dave lr'lcMorris/Roaring Fork Preserve, LLC has proposed development of the Roaring Fork Preserve to the east of Carbondale, Colorado (Fig. 1). The proposed development would allow 9lots ranging in size from 5 to 13 acres on the 93-acre site (Fig. 2). The developer has requested that I primary dwelling units and 4 accessory units be permitted. Land Design Partnership, on behalf of Roaring Fork Preserve LLC. requested that Beattie Natural Resources Consulting prepare a wildlife report for the proposed subdivision. OESCRIPTION OF AREA The proposed subdivision occurs in a portion oLpgctions 35 and 36, T65, R93W, 6th Principal Meridian, Garfield County, Colorado. The general location is approximately 1 .5 miles east of Carbondale and north of County Road 100. The proposed subdivision is bound on the north by the Mayfly Bend Subdivision and the Roaring Fork River. The Gerbaz property defines the western boundary and the Coffman property occurs immediately east of the proposed subdivision. The southem propeily boundary is defined by County Road 100. The prcposed suMMsion is generally f,at with minor undulations. : Two large inigation ditches flow though the property (2.3'wide). Numeous small lateral ditches, one foot or less in width, meander through the property, primarily to inigate alfalfa and grass fields. lnigated grass and alfalfa hayfields occur on the southem portion of Lots 5 and 6, the southem two-thirds of Lot 7, and the majority of Lots 8 and 9. Land not in inigated - fields consists primarily of scattered groves and field borders of nanow-leaved Bealtle Natural Resources Consulung, lnc.Sepaembet, 2000 E T I I I f I f l-l I I T n I E T T t cottonwood and nonirrigated grasses and forbs. Strips of cottonwood trees are well- defined in many areas. Cottonwood regeneration occurs in small patches throughout the northern trvothirds of the property. Grazing by cattle over the past 50 years, combined with shallow and rocky soils, have precluded development of lush ground cover and a shrub layer throughout much of the site. ln addition to cottonwoods, the property has scattered ponderosa pine and spruce trees. Several of the ponderosa pine trees are in excess of 60-feet tall. A small circular patch (approximately 50 feet in diameter) of Gambel's oak occurs on the eastern portion of Lot 7. lwould evaluate the overall property as moderate to good wildlife habitat. Dead trees that have fallen provide hiding cover for small mammals. lrrigated alfalfa and grass fields provide year-round forage for herbivores (e.9. mule deer, cottontail rabbits). Narrow-leaved cottonwood trees provide nesting habitat for songbirds, daytime resting sites for raccoons, and perching sites for raptors. The area contains a wide variety of trees and shrubs that are valuable to wildlife for food and shelter. ln addition to cottonwoods, the proposed subdivision e,ontains ponderosa pine, Gambel's oak, spruce, wild plum, Russian olive, coyote willow, wild rose, box elder, chokecherry, red haw, Japanese barberry, Siberian elm, and juniper. Wllowg occur along portons of the inigation ditches and along the Roaring Foft River. When a portion of the land was cleared in the late 1940s, rocks on the ground were placed into piles. These rockpiles provide denning habitat and security cover for small mammals such as voles, deer mice, and cottontail rabbits. Berry-producing trees and shrubs provide food for songbirds. There are very few standing dead cottonwood trees on the site. There is no evidence of excavated nesting cavities in standing dead cottonwood trees. Boatlle Neaural Resources Consultlng, lnc.September,Z N E E E t I I Vnldllfe Report for the Roarlno Fork Pre3ervo Subdlvislon Paoe 2 E T I E E T I T t E Wildlife Reo o rt for tho Roarino Fork Preserve Su bdivlslon Paqe 3 The elevation of the proposed subdivision is approximately 6,200 feet. A barbed wire fence surrounds the entire property. No buildings occur on the site. The property originally was dominated by narrow-leaved cottonwoods, and to a lesser extent, by ponderosa pine, spruce, Gambel's oak, and shrubs. Dennis Gerbaz purchased the property in 1946 and cleared trees and shrubs off a portion of the area from 1946 to 1951. Historically the current fields have been rotated and have been in grain or hay. Prior to purchase of the property by the Roaring Fork Preserve, 40 to 50 head of cattle grazed the site since 1972. WILDLIFE FIELD SURVEY I conducted a wildlife field survey on the g3-acre property from 0630 to 1330 on August 29, 2000. I conducted strip searches for reptiles, amphibians, birds and mammals, noting species I observed, species I heard (birds), and species that had left sign (e.9. browsing on stems, tracks, droppings, burrows). Part of the survey consisted of sitting quietly for 15-30 minute periods to observe birds which moved to different locations on the property. I did not see or hear any amphibians and did not see any reptiles. Mammals sighted were the least chipmunk (n=3), mule deer (n=5), yellow-bellied mannot (n=1), deer mouse (n='l), and cottontail rabbit (n=1). Mule deer bed down in tree groves during the day and feed in the inigated alfalfa and grass fields at night, early moming, and late evening. Mule deer on the property appear to be very acclimated to humans. When I arrived on the site at 0630, two mule deer were feeding in an inigated field on the westem part of the property. Despite the anival of my vehicle and my walking around during the survey, the deer did not seem disturbed. Also, about 0845 an Baettle Neturet Resources Consultlng, lnc.Septamba4 2O0O I I I E l-t u t E I I I I I I I E E t I t I I I I t I T T I T T T I T I I Wildlife Roport for the Roarino Fork Prosowe Subdlvi3ion Paoo 4 individual on a backhoe was excavating an area immediately north of Lot 9 on the lvlayfly Bend Subdivision. Two mule deer (one buck and one doe) left a small stand of cottonwoods on the eastern portion of Lot I and began grazing to the west in the irrigated field. The deer grazed to within 60 yards of the operating backhoe and appeared to tolerate the disturbance. I found coyote scat (droppings) on 6 areas of the site. Raccoon tracks were present along the banks of the Roaring Fork River and adjacent to the northern irrigation ditch. Two sets of skunk tracks and one set of mink tracks occurred in a sandy area near the Roaring Fork River. Cottontail rabbits had browsed several skunkbush shrubs on Lot 4. I found 4 burrows on the property that are apparently occupied by striped skunks (based on tracks outside the burrows). Birds I detected (direct sightings or vocalizations) on the proposed Roaring Fork Preserve Subdivision were the field sparrow, great blue heron, black-billed magpie, Canada goose (3 flocks flying overhead), homed lark, westem meadowlark, northem flicker, red-tailed hawk, AmeriCan robin, black-capped chickadee, American kestrel, killdeer, common snipe, rufous hummingbird, belted kingfisher, Lew'rs'woodpecker, duslqy f,ycatcher, Says phoebe, tee swallow, house wren, Eurcpean stading, Mrylnla's warbler, vesper spanow, red-tailed blackbird, common grackle, bpwn-headed co^rbird, and American goldfinch. None of the mammal or bird species sighted or detected are considered federally or Colorado threatened or endangered, and none are classified as a Colorado species of special concem ("special concem" designates species that could potentially be classified as threatened or endangered). Bealtle Natut?,t Resourc€s Corrsuwng, lnc.September, 2qN INTERVIEW WITH DENNIS GERBAZ ln 1946. Dennis Gerbaz purchased the land proposed for the Roaring Fork Subdivision. He has lived in the area since 1946 and currently resides in a house located immediately west of Lot 9. Because Mr. Gerbaz has spent many thousands of hours working (e.9. ranching, haying, irrigating) on the property over the past 50 years, he has first-hand knowledge about the historical occurrence of wildlife on the site. I interviewed Mr. Gerbaz by telephone on September 1, 2000 and questioned him about past wildlife use of his former property. Over the past 50 !€?rs Mr: Gerbaz observed elk on his property only once. He reported that a "hard winter" in the 1980s produced significant snow that forced elk onto his property. Deer have always been present on the proposed Roaring Fork Preserve Subdivision. A resident population occurs on the property and on surrounding lands. According to Mr. Gerbaz, deer use of the area is most noticeable during spring and winter. ln the past, Mr. Gerbaz placed high fences around haystacks to prevent deer damage during the winter. Mr. Gerbaz has never obserued toads on the site but has seen frogs. Based on his description of ftogs he has observed. the northem leopard ftog probably occurc in wet meadows, inigation ditches/ditchbanks, and wet riparian areas along the Roaring Fork River. Mr. Gerbaz has never seen lizards on the property. The only snake he has seen in the area is the \atersnake." This snake, based on his description, is probably the common westem tenestrial garter snake. Beaa o Naturel Resoutues Coasultlng,lnc.Sopf€mbe|,20U) T I lt u f I T T I I f T I I I I V\Iildllfe Reoort for the Roarlno Fork Preserve Subdlvlslon Paoe 5 f t-t lt Wldlife Report for tho Roarlno Fork Preserve Subdlvlslon Paoo I Mammals seen on the proposed subdivision by Mr. Gerbaz over the past 50 years include the cottontail rabbit, striped skunk, "field mice", raccoon, mink, mule deer, elk, thirteen-lined ground squirrel ("gophe/'). least chipmunk, raccoon, red fox, coyote, beaver, and muskrat. Mr. Gerbaz has never seen or saw evidence (e.9. tracks) of black bears, mountain lions, bobcats, or lynx on his former property. Birds observed on the proposed subdivision by Mr. Gerbaz over the past 50 years include woodpeckers, swallows, robins, Canada geese, mallards, hummingbirds, . * blackbirds, magpies, great blue herons, bluebirds, ring-necked pheasants (in the early 1950s), and flickers. Birds not seen in the area over the past 50 years include the sage grouse, sharp-tailed grouse, bald eagle, whooping crane, and sandhill cranes. WILDLIFE INFORMATION FROM NDIS/SCoP Databases accessed for preparation of this report included the Natural Diversity lnformation Source (NDIS) and the System for Conservation Planning (SCoP) [www.ndis.nrel.colostate.edul. NDIS and SCoP are a collaborative effort of the Colorado Division of Wildlife, the Colorado Department of Natural Resources, the Colorado Natural Heritage Program, and Colorado Stata University. SCoP prcvides maps of activity areas of wildlife species, maps of element occumrncas (e.9. species, subspecies, populations, natural communities), maps of conservation sites, and maps of suitable habitat. Habitat suitability maps are created by dividing land in a county into 1 00 X 100 meter cells and determining if a species has an affinity for the vegetation cover in a cell, if the cell is within the elevation range of the species, and if the cell is sufficiently close to water for species that require access to free water, such as ponds, Beetue Neturd Resounces Consultlng, lnc.September, 20U) T f lt E E T I I f E T I T E E T t I T Wildllfe Rooort for tho Roarino Fork Pr.sorve Subdlvblon P.oe 7 steams, and lakes. lt is important to note that although suitable habitat may exist for a species in a particular area, this habitat may not be occupied by the species. I selected a user-defined area slightly larger than the proposed subdivision and had SCoP generate a list of amphibians, reptiles, birds, and mammals for which existing or potentially suitable habitat is reported to occur on the proposed subdivision. Universal Transverse Mercator (UTM) coordinates selected to define the search area were N 4363952 E 311928, N 4363024 E 311928, N 4363952 E 312690, and N 4363024 E 312690. Tables 14 list species of amphibians, reptiles, mammals, and birds, respectively, for which suitable habitat is reported to exist on the proposed Roaring Fork Preserve Subdivision. Tables 14 do not list all species of wildlife which utilize the proposed subdivision. NDIS generates information about selected species in an area and emphasizes endangered, threatened, rare, imperiled and uncommon wildlife. The presence of suitable habitat for a species on the project area does not necessarily lead to the conclusion that the species occurs on the site. Amphibians NDIS identffied suitable habitat on the proposed subdivision forthe following species of amphibians: Great Basin spadefoot (Fig. 3), New Mexho spadatuot (FiS. 4), northem leopard frog (Fig. 5), red-spotted toad (Fig. 6), and borealtoad (Iable 1). I did not see or hear any amphibians in or near irrigation ditches or near the Roaring Fork River on the proposed subdivision. Dennis Gerbaz has seen and heard frogs in the area in the past. SCoP maps provide three pieces of information for a species: 1) known occurrence of the species in a county, 2) likely occurence of the species in a county, Baatlle Natual Resources Consul0ng, lnc.September, 20(n I I T T I I I I I I I I I I T I I I I Wildlife Report for the Roarinq Fork Presorve subdlvision Paqe 8 and 3) identification of suitable habitat on a defined parcel of land. For example, Fig. 3 shows SCoP mapped habitat for the Great Basin spadefoot. Suitable habitat is indicateC by the triangular-sha ped, dotted area in the upper righGhand corner of the map. The dark shading indicates that the Great Basin spadefoot is known to occur in Garfield County. A lighter shading, such as for the red-spotted toad in Fig. 6, indicates that the species is likely to occur in Garfield County. An absence of shading, such as for the New Mexico spadefoot in Fig. 4, suggests that the species does nor occur or is not likely to occur in Garfield County. SCoP identified suitable habitat for the Great Basin spadefoot in the northern portion of Lots 'l and 2 (Fig. 3). The Great Basin spadefoot is a state species of special concern. lt inhabits pinyon-juniperwoodland, sagebrush, and semi-desert shrublands in Colorado. lt is usually found in or near rocky slopes or canyons (Hammerson 1986:23). Because of the absence on the proposed subdivision of typical habitat elements for the Great Basin spadefoot, it probably does not occur in the area. Hammerson (1986:23) reported occurrences of the Great Basin spadefoot west of Rifle. Development of the Roaring Fork Preserve Subdivision will not impact the Great Basin spadefoot. SCoP identified suitable habitat for the New Mexico spadefoot in the northem portion of Lots 1 and2 (Fig. a). The New Mexico spadefoot is a Colorado species of special concem. lt inhabits plains grassland in southeastem Colorado and occurs in sagebrush and semi-desert shrublands in basins and floodplains of streams in southwestem Colorado. Hammerson (1986:24) reported that this species does not occur in Garfield Coung and the NDIS Species Occunence and Abundance Guide (ndis.nrel.colostate.edu/ndis/countyab/species/name/gov_oc_ab.html) reports that the Boettle Natuat Resouices Consulting, lnc,September, 2Un E n E I T l-l E I E E t.l E T T T I I I ldllf€for tho F 3g New Mexico spadefoot is not likely to occur in Garfield County. The absence on the proposed subdivision of typical habitat elements for this species, coupled with the finding that the species is not likely to occur in Garfield County, suggests that development of the Roaring Fork Preserve Subdivision will not impact the New Mexico spadefoot. SCoP identified suitable habitat for the red-spotted toad in the northern portion of Lots 1 and 2 (Fig. 6). This species is not considered endangered, threatened, or a Colorado species of special concern. The red-spotted toad is usually associated with rocky canyons in Colorado, but in some places it occurs along streams and in canyon bottoms that are devoid of large rocks (Hammerson 1986:30). Although SCoP indicates that the red-spotted toad is likely to occur in Garfield County (Fig. 6), Hammerson (1986:30) reported thatthe presence ofthe species in Garfield County has not been documented. Dennis Gerbaz has never seen any species of toad on the proposed subdivision. lt is very unlikely that development of the Roaring Fork Preserve Subdivision would impact the red-spotted toad. The boreal toad is a high elevation (7,000 feet - 12,900 feet) toad that lives in suitable habttat in lodgepole pine, spruce.fir bresG and alpine meadow areas. lt is classified as a Colorado endangered species. The boreal toad has been found in shallow water or among sedges and shrubby willows where the soil is damp or wet. The proposed development site does not contain the high-elevation habitat features required by the boreal toad and is below the lower elevational limits at which the boreal toad is found (Fig. 7). Hammerson (1986:26) reported that this species does not occur Beattlo Nalu|?t Resourc€s Consultlng, lnc.Saplembo'20{J{J n u E E T tl E I T I I I I E E E I t Urildlifo Rooort for the Roarino Fork Praservo Subdlvision Pade 10 on or nearthe proposed development. lt is very unlikely that development of the Roaring Fork Preserve Subdivision would affect the boreal toad or its habitat. The northern leopard frog is a state species of special concern. SCoP mapped suitable habitat for this species on a very small parcel on the northern part of the proposed subdivision (Fig.5). The northern leopard frog occurs in Garfield County and is considered fairly common. The northern leopard frog typically inhabits the banks and shallow portions of marshes, ponds, lakes, reservoirs, beaver ponds, streams and other bodies of permanent water, especially those having rooted aquatic vegetation. lt also inhabits irrigation ditches and wet meadows. Development of the Roaring Fork Preserve Subdivision will result in the loss of habitat for the northern leopard frog. Displaced leopard frogs will likely relocate to areas outside of building envelopes. Leopard frogs will benefit from continued inigation of alfalfa and grass fields on the property. Reptiles NDIS identified suitable habitat on the proposed subdivision for the following species of reptiles: eastem fence lizard, many-lined skink, midget-faded rat0esnake, milk snake, racer, short-homed lizard, longnose leopard lizard, nQht snake, and , southwestem blackhead snake (Iable 2). I did not observe any reptiles during my wildlife field survey and, with the exception of the eastem fence lizard, lwould not expect the above species to occur on the site. Dennis Gerbaz reported having seen garter snakes in the area. The eastem fence lizard, longnose leopard lizard, garter snake, milk snake, night snake, racer, manyJined skink, and short-homed lizard are not classified as endangered, threatened, or of special state concem. Beatlle Natutzl Resources Consultlng, lnc.September, 2000 I T t I E t.l E t t t T T E T I T T ! I Wildlifo RoDort for th6 Roarinq Fork Preserve Subdivlsion Paqe 11 The short-horned lizard and racer are considered uncommon in Garfield County. The milk snake and night snake are classified as rare, and the eastern fence lizard is considered common. Although suitable habitat for the eastern fence lizard was identifled by SCoP in the northern portion of Lots 1 and 2 (Fig. 10), Dennis Gerbaz has never seen lizards on the proposed subdivision. lt is unlikely that the eastern fence lizard will be impacted by development of the Roaring Fork Preserve Subdivision. The midget-faded rattlesnake is a state species of special concern. NDIS mapped the entire proposed development as being suitable habitat for this species (Fig. 9). The snake is one of two subspecies of rattlesnakes in Colorado (the other subspecies is the prairie rattlesnake). Rattlesnakes occur in virtually every terrestrial habitat within its broad geographic and elevational range in Colorado. Typical habitats include plains grasslands, sandhills, mountain and semidesert shrublands, sagebrush, riparian vegetation, pinyon-juniper woodlands, and open coniferous forests. Dennis Gerbaz never saw a rattlesnake near the proposed development in the 54 years he has lived in the area and SCoP suggests that this subspecies is not likely to occur in Garfield County. Although the Roaring Fork Preserve Subdivision contains habitat suitable br the midget-faded rattesnake, in my opinion the species does not inhabit the area and thus will not be afiec{ed by development SCoP identified suitable habitat for the southweslem blackhead snake on the proposed Roaring Fork Preserve Subdivision. This reptile is a state species of special concem. lt is known to occur along the edge of the Grand Valley in west-central Colorado but has not been reported for the area east of Carbondale (Hammerson 1986:104). lt has been previously found in the mouths of large canyons in areas EeatUe Natural Resources Consultlng, lnc.Septomber, 2000 I I tl t-l I E E E u E I l-l l-t I I I E T I W|ldllfe Reoort for the Roarino Fork Proserve Su bdivlslon Paqe 12 dominated by sandy, rockJaden soils and dryland shrubs (e.9. sagebrush, greasewood, saltbrush). Dennis Gerbaz did not observe this species in the general area encompassing the proposed subdivision. Although the Roaring Fork Preserve Subdivision contains some dryland habitat suitable for the southwestern blackhead snake, in my opinion the species does not inhabit the area and thus will not be affected by development. Mammals SCoP identified suitable habitat on the Roaring Fork Preserve Subdivision for 31 species of mammals (Table 3). Black bears (Fig.22) are rarely sighted in the area and mountain lion (Fig. 31) occurrences are extremely rare. Dennis Gerbaz has not seen black bears or mountain lions, or their tracks, on the property. Very dry conditions this summer in westem Colorado have resulted in reduced berry and acom crops. As a result, black bears are seeking food in and near Roaring Fork Valley towns and cities. There is a potential for conflict between bears and humans on the proposed subdivision. Later in this report I will identiff measures to reduce potential problems between subdtuision r€sidents and bears. Suitable habitat is mapped for Botta's pocket gopher (Fig. 23) and the northem pocket gopher. I did not observe these species or see evidence of their presence on the proposed subdivision (e.9. complex bunow systems, conspicuous earthen ridges). According to FiEgerald et al. ('1994:203), Botta's pocket gopher does not occur in Garfield County (Fig. 2a). The range of the northem pocket gopher includes the proposed subdivision (FiEgerald et al. 1994:206). Botta's pocket gopher and the B.ettle Neturat Resources Coasultlng, lnc.Seplambon 20(n T f E lt n E E E E n tl T T I E I t T Wildlife R eDort for the Roarino F ork Prasen e Subdivl3ion Paoe 13 northem pocket gopher are not classified as endangered, threatened, or Colorado species of special concern. It is not likely that the dwarf shrew occurs on the site (Fig. 27). The dwarf shrew, Colorado's smallest-bodied mammal, is typically found at elevations above 5,500 feet (Fig. 28). lt is possible that masked and Merriam's shrews occur in the area. lt is unlikely that the desert shrew occurs on the site of the proposed subdivision (Figs. 25, 26). None ofthe aforementioned shrews are considered endangered, threatened, or state species of special concern. Shrews have very small home ranges, frequently less than one acre in size. Sufficient habitat will exist outside of building envelopes for shrews that will be displaced by development. Suitable habitat on the proposed subdivision was identified for the least chipmunk and I observed 3 chipmunks during my field survey. Least chipmunks excavate bunows beneath tree roots, fallen logs, or rocks and bushes, and also use these areas for feeding platforms and observation posts. These habitat features are present on the proposed Roaring Fork Preserve Subdivision. The least chipmunk is not considered endangered, threatened, or of state special concem. lt adapts well to humans and should continue b live on botr developed and undeveloped parts of the .'. subdMsion. SCoP identffied suitable habitat for 6 species of bats: spotted bat, Townsend's big-eared bat, Yuma myotis, big free-tailed bat, Brazilian ftee-tailed bat, and ftinged myotis. The spofted bat is restricted to extreme northwestem Colorado (Fig. 16), the Yuma myotis occurs west of the proposed subdivision (Fig. 12), and Townsend's big- eared bat occupies the westem one-half of Colorado (Fig. 17). Habitat for the Brazilian Beefllo Natu,at Resourcas Consulung, lnc.Saptembor,ZUn n l.l u E E T I I T l I E E T I I f l Wildlifo Rooort for tho Roarino F ork Pre3erv.Subdivision Paq6 14 free-tailed bat occurs north and south of the Colorado River in Garfield County (Fig. 15) and west of Glenwood Springs. The big free-tailed bat has not been reported for Garfield County (Fig. 1-1, Fitzgerald et al. 1994:129). Only five scattered records exist from lvlesa, Otero, El Paso, Gunnison, and Weld counties. Habitat for the fringed myotis occurs north and south of the Colorado River to the west of Glenwood Springs (Fig. 1 1 , Fitzgerald et al. 1994:104). The fringed myotis has not been reported for the area encompassing the proposed development. Bats use caves, mines, buildings, woodpiles, rockpiles, and trees for day and night roosting sites. Rockpiles and trees occur on the proposed subdivision. Although Dennis Gerbaz did not observe bats in the area from 1946 to 2000, bats which may use the proposed subdivision for roosting and security cover, and for hunting habitat, include Townsend's big-eared bat, little brown bat, and big brown bat. Because of the large number of narrow-leaved cottonwood trees that will remain following development, the Roaring Fork Preserve Subdivision will not have a noticeable impact on bats. Endangered/threatened mammals for which SCoP identified suitable habitat are the northem river otter (Fig. 29), kit fox, and lynx. The northem river otter does not o@ur on the properly. Garfield County does not havo historic records of ocwngnce of river otters (Fig. 30) and Fitrgerald et al. (1994:363) report that river otter populations have not been restored in eastem Garfield County. lf the northem river otterwere to extend its range to the portion of the Roaring Fork River located on Lots 1 and 2, it would likely not be affected by development because construction would not occur along the riverbank or in the riparian zone/floodplain adjacent to the river. The kit fox can be found in extreme southwestem Garfield County along the Utah border but does Beattle Nelurrl Rasounces Consultlng, lnc,September, 2OOO E I I t-t E E T t.l I I I ! It lt T E not occur east of Carbondale. The Canada lynx is a federally threatened and Colorado endangered species. Colorado is on the southern edge of historic lynx range, and before reintroduction in 1999, there had been no confirmed sightings in the state since 1973. Forty-one lynx were released near Pagosa Preserve in February 1999 and an additional release was made in the same area this past winter. Some of the male lynx wandered as far as New Mexico, Wyoming, and Nebraska, ln the southern Rocky Mountains, lynx are found predominantly above 7,800 feet. Vegetation affinities include aspen, spruce fir, spruce-fir clearcuts, Douglas fir, blue spruce, lodgepole pine clearcuts, limber pine, white fir, bristlecone pine, mixed conifer, mixed forest, and shrub tundra. The proposed Roaring Fork Preserve Subdlvision is below the elevation at which lynx occur in Colorado and does not contain the vegetation types associated with lynx habitat. ln addition, the proposed Roaring Fork Preserve Subdivision lies outside of potential lynx habitat identified by the CDOW (Fig. 38). Development of the Roaring Fork Preserve Subdivision will have no direct impact on lynx or lynx habitat. It is likely that the house mouse and deer mouse occur on the proposed suMMsion. They are not considered threatened, endangercd, or of special state concem. Like shrews, the house mouso and deermouse have small home ranges and displaced individuals will relocate to undeveloped portions of the subdivision. SCoP identified suitable habitat for the westem harvest mouse and white-tailed antelope squinel. Both are Colorado species of special concem. Historical range of the westem harvest mouse and white-tailed antelope squinel is southwest of the proposed development. I did not observe either species during my wildlife field survey. ln my September,z0(n Wldlife Report for the Roarino Fork Preserve Subdlvlslon Pase 15 I I I I E T I I f T T I I lt l-l T t Beattlo Natural Resourcos Consuung, lnc. Wildlife R6oort for th€Roari no Fork Preserve Subdivlsl on Paoe 16 opinion, development of Roaring Fork Preserve Subdivision is unlikely to have a significant impact on the western harvest mouse or the white-tailed antelope squirrel. The property proposed for development is good to excellent mule deer habitat. Although SCoP mapped only a small parcel of land in Lots 1 and 2 as suitable mule deer habitat (Fig. 32), the entire property is suitable habitat. The proposed subdivision is classified as overall range (Fig. 33), summer range (Fig. 34), winter range (Fig. 35), and a resident population area (Fig. 36). None of the property is considered to be severe winter range or a winter concentration area (Fig. 35). According to Dennis Gerbaz, mule deer use the property year-round and are more prevalent during spring and winter. ln the past, Mr. Gerbaz placed high fences around haystacks to protect them from deer. Mule deer currently use the property for feeding, resting, and security. Although deer may continue to bed down on parts of the subdivision following development, they will probably be displaced during daylight hours to areas along the Roaring Fork River and to hillsides south of County Road 100. Mule deer will crntinue to use the property as a feeding area during periods of darkness and would benefit from continued inigation of grass and alfalfa fields following development Accoding to Dennis Gerbaz, elk visited the site of the propos€d development only once between 1946 and 2000. They spent part of a winter on the property in the 1980s. Elk will not be directly impacted by the Roaring Fork Preserve Subdivision. ln rny opinion, the Roaring Fork Preserve Subdivision will not have a significant impact on critical habitat for any mammal species. The most visible mammal that will be affected is the mule deer. As will be discussed later, this impact can be mitigated via Beatta Naturel Resources Consulllng, lnc.Septemba4 20(n T E I I I ll I T lt I n I E I t-t I t I fencing provisions, dog control, tree and shrub retention, and continued inigation of fields. Birds SCoP identified suitable habitat on the proposed subdivision for 70 species of birds (Table 4). I will first address species which are classifled as federally or state threatened or endangered, or are considered state species of special concern. The bald eagle is a federal and state threatened species. Bald eagles can commonly be seen flying over the Colorado and Roaring Fork Rivers and can be seen perched on tall cottonwood trees along the two rivers during the winter. The area of the Roaring Fork River and adjacent land on Lots I and 2 does not contain a documented bald eagle breeding site but is considered secondary winter range for the bald eagle (Fig. a1). Although Dennis Gerbaz reported he never saw bald eagles perched in trees along the river or flying overhead on the proposed development, the northern portion of Lots 1 and 2 should be considered winter habitat. Because development will not occur in the floodplain area, bald eagle habitat should not be affected. I remmmend that the owners of Lots 1 and 2 not be allowed to cut existing trees to the north of the building envelopes. BanoW's goldeneye is a state species of special concem (Fig. 42). lt is a rare winter resident and spring and fall migrant in westem valleys. ln some years it may be locally uncommon along the Colorado River and its tributaries. Banow's goldeneye prefers reservoirs, rivers, and mountain ponds. Because Banow's goldeneye would be confined to the Roaring Fork River, its habitat will not be directly impacted by development. Bealtle Natural Resout?es Consulting, lnc.septambar,2(N0 Wlldllfo Report for tho Roarinq Fork Presarvs Subdlvlslon pase 17 E u T T f E I t I I t lt f E E E E Wildlife Reoort for the Roarino Fork P reserv6 Subdlvlslon Pase 18 The ferruginous hawk, a state species of special concern, is common in winter in eastern Colorado but is rare or uncommon in other areas and seasons (Fig. 50). lt may occaslonally be seen during migration in Garfield County. I did not observe the ferruginous hawk during my wildlife field survey. The NDIS Species Occurrence and Abundance Guide classifies the ferruginous hawk as very rare in Garfield County. The greater sandhill crane is a state species of special concern. Mr. Gerbaz reported that he never observed sandhill cranes on the site of the proposed development. The property is not classified as summer or winter range but migrating sandhill cranes may use the undeveloped grass and alfalfa fields on Lots 5, 6, 7 and 8 (Fis. 51). SCoP identified suitable habitat for the federally and state threatened Mexican spotted owl on the site (Fig. 44). This species occupies two distinct habitat types in Colorado. The first consists of large, steep canyons with exposed cliffs and dense, old growth mixed coniferous forests. The second consists of canyons in pinyon-juniper areas with small and widely scattered patches of Douglas fir. Summer roosting sites are in a cool microclimate, generally with a closed canopy and/or on a north-facing slope. All knom Colorado nesting sites consist of small scrapes in caves or davioEs on steep clifffaces. Although SCoP mapped suitable habitat (presumably prey habhat) for the spotted owl on the northeastem comer of the proposed subdivision, the species does not occur in the area (Fig. 45). Habitat for the sage grouse (Fig. 47) and long-billed curlew, both species of state special concem, was identified on the site. Sage grouse do not occur on the property. The long-billed curlew is an uncommon to fairly common local summer resident in Boattle Nalu,E,l Rosouncos Consultlng, lnc.Seplembar, 2000 I I n lt l-l E E T n t.t I E E E E E E E eastem Colorado and a rare spring and fall migrant in Garfield County (Fig. 53). Migrating long-billed curlews may potentially use the undeveloped Roaring Fork River shoreline and undeveloped grass and alfalfa flelds. The southwestern willow flycatcher (SWWF) is a federal and Colorado endangered species. The SWWF is a riparian obligate, nesting only in dense, mesic riparian habitats, particularly areas dominated by willows. This habitat occurs on the northern portion of Lots 1 and 2, although it is less dense than areas typically used by this species. The area proposed for development lies outside of the known breeding range of the S\IWVF (Fig. 54) and I dld not see or hear the species during my wildlife field survey. ln my opinion, the proposed development is very unlikely to affect breeding SWWFs because it does not contain dense willows and it occurs outside the known breeding range of the species. SCoP identified suitable habitat for the statethreatened western bunowing owl on the proposed subdivision (Fig. 48). The owl is called a "burrowing owl" because it nest and roosts in abandoned burrows dug by mammals, especially prairie dogs. Bunowing owls strongly prefer bunows in active black-tailed prairie dog towns. The bunowing owl is a winter visitor in eastem Colorado and a summer resident in extseme southem Garfield County (Fig. 52). lt does not occur in the vicinity of the proposed Roaring Fork Preserve Subdivision. The whooping crane is a federal and Colorado endangered species. lt is an uncommon spring and fall migrant in the San Luis Valley and is a casual migrant on the eastem plains. Although the eastem one-half of Garfield County lies outside of areas of fairly common migrational sightings in Colorado (Fig. a9), I observed a single whooping Eeattle Nat rrat Resourcos Consultlng, lnc, Wildlife Rsport for the Roarino Fork Pres€rvo Subdivision Pase 19 E T T u t-l I E I T E t I E E E E E E September,2(W) THREATENED AND ENDANGERED SPECIES Colorado endangered, threatened and wildlife species of special concern are listed in Table 5. Federal threatened and endangered species reported for Colorado are listed in Table 6. After reviewing available information and reports, conducting a wildlife field survey, and interviewing Dennis Gerbaz, I do not believe there are any federal or Colorado threatened or endangered vertebrates, or Colorado species of special concern, that would be measurably impacted by the proposed subdivision. DOGS AND PET CONTROL Free-roaming dogs can have a substantial impact on deer. Free-roaming dogs include dogs normally around residences and occasionally wandering off and feral dogs (domesticated at one time but now semi-wild or wild). Free-roaming dogs can injure, disable and kill deer. Dog chases can also result in aborted young and a weakened physical condition in deer. lt is necessary that dogs be contolled in the subdMslon br the safety of residents and to curb harassment and killing of witdlife. I recommend the following control measures for Roaring Fork Preserve Subdivision: A. No dwelling unit should house more than three dogs and offspring up to three months of age. I have previously seen recommendations for subdivisions in Garfield County that limit dogs to one per household. Dogs are an important 8€atue lvelura, R6soutces Consultlng, lnc,Soptembar, 2U)O I T E T T I t u E E E T I E f I E T wlldllfe Report for the Roarlno Fork Preserve Subdlvl3lon Paoo 20 crane 6 years ago in a marsh south of the Colorado River between Silt and Rifle. Dennis Gerbaz has never observed the whooping crane on his property or flying ov erhead. Wildlife Report for the Roarino Fork Preserve Subdlvlslon Paqe 21 part of life for many people and I think it is important to allow up to three dogs per household. Properly controlled or confined, dogs will not atfect wildlife. B. At no time should dogs be allorved to run freely outside of a dog owner's lot. C. When outside a resident's lot on Roaring Fork Preserve Subdivision, dogs should be leashed (dogs being transported into and out of the subdivision by motor vehicle would obviously not be required to be leashed). D. When outside the residence on an owne/s lot, dogs should be controlled by: 1. Confinement in an area bound by an aboveground fence; tP 2. Confinement in a kennel; 3. Confinement in an area bounded by an invisible electric fence attached to a dwelling unit; 4. A leash; or 5. Attachment by a tether to a fixed, immovable object. The tether length should not allow the dog to trespass on another owne/s lot. E. Dogs should not be allowed to chase or molest wildlife or any domestic animals or persons, or destroy or disturb property of another. F. Dogs should not be alloned to bark continuously, whlch shall be defined as barking for a 1$.minute pedod, including successfue barks or a series of barks which repeat or resume following a brief or temporary cessation. G. All dogs should be licensed as required by law. H. No dog should threaten public safety. l. The lot owner should be responsible for assuring compliance with dog regulations of another owner's dog occuning on a lot with the permission Eoatt e AretuE, Rosourres Consul ng, lnc. E I E I T E I I I f t T T I I I E lt September, 2NX) Wlldlife Reoort for the Roarinq Fork Preserve Subdivlsion Paoe 22 of the lot owner. J. No dog or other animal should be kept upon a unit which, in the sole discretion and .judgment of the Association's Boai'C of Directors, results in an annoyance or is obnoxious to unit owners within the subdivision. K. Homeowners not in compliance with dog regulations should be responsible for any and all costs associated with enforcement of the aforementioned provisions of the Roaring Fork Preserve Subdivision Homeowners Association (HOA). FENCES Fencing on individual lots should be restricted to reduce wildlife mortality and to reduce the potential for separation of doe deer and their offspring. The maximum fence height should be 42 inches. lf a rail fence or 3-strand wire fence is constructed, there should be a 12-inch separation between the top 2 railsiwire. Chain link fencing up to 6 feet high should be allowed for the purpose of kenneling a dog. GARBAGE. TRASH.AND COMPOST GONTAINERS It is impodant that residents of the Roaring Fork Preserve SuMivision store garbage and trash in secure receptacles to r€duce problems with skunks, Eloooons, and .* bears. No refuse, garbage, trash, grass, shrub, or tree clippings, plant waste, scrap, rubbish, or debris of any kind should be kept, stored, maintained or allowed to accumulate or remain on any lot except temporarily within an enclosed structure within a building envelope. No garbage container, trash cans or receptacles should be Beatue Natual Resources Consul ng, lnc.Septambar, 2(nO 1.1 l-l I t.l I f T E E I T t-t E E ! I T maintained in an unsanitary condition. Garbage structures and containers should comply with recommendations which may be made from time to time by the CDOW ADOITIONAL RESTRICTIO NS/REQUIREMENTS ln dem n ification The Roaring Fork Preserve Subdivision Homeowne/s Association should waive and hold the CDOW harmless from any and all claims for damages to landscaping improvements, fencing, ornamental and native plants, and garden plants resulting from the activities of wildlife. Disposal of Animal Carcass es The HOA and lot owners should be responsible for the removal and disposal of all animal carcasses (e.9. deer, raccoons) located upon the subdivision. Securinq Hav Some residents may choose to maintain horses or cows on their property. To reduce problems with deer, hay stored on a lot should be secured by a tarp, stored in a structure, or fenced. Skunk and Raccoon Dennlno Arcas Residents of the Roaring Fork Preserve Subdivision should maintain their lots in a manner that will not attract denning skunks and raccoons. This can be addressed in the covenants by prohibiting the open storage of junk automobiles, machinery, appliances, junk piles, scrap piles, and other materials which may be used by skunks and raccoons for denning sites. Saptembeq 20OO Wildlifs ReEort for the Roarlno Fork Prosorvo Subdlvlsion paoe 2:t E I T I I u I] E E T T u T I T E E I E Beattla Natural Resourcos Consultlng, lnc. Enforcement of Provisions bv HOA Because of the relatively few homeowners who will be residents of the Roaring Fork Preserve Subdivision, lwould anticipate that most potential conflicts and problems between homeowners would be resolved on an informal basis. However, in the event that conflicts (e.9. dog control, hay storage, fencing) are not resolved by discussion among homeowners, it is important that HOA enforcement provisions be available. The Roaring Fork Preserve Subdivision Homeowne/s Association should be empowered to enforce covenants, conditions and restrictions for the subdivision. ln the event that there is a violation of the covenants, conditions, and/or restrictions, the following enforcement procedures should be taken by the Association: 1. The owner violating a covenant, condition, and/or restriction should first receive a written warning of the violation. 2. lf a second offense occurs by an owner of the same type of violation or the owner does not correct the initial violation within one (1) calendar day after receiving notice (or such reasonable time as is necessary in order for the owner to conect the violation), then a fine of $100 will be assessed against the owner. 3. Upon the occunence of a third offense of the same type of violation or the continuation of a violation in excess of two (2) calendar days after the owner receives notice, a fine of $150 will be assessed against the owner. 4. Upon the occunence of a fourth offense of the same type of violation or the continuance of a violation in excess of four (4) calendardays after the owner receives notice, a fine of $300 will be assessed against the owner. ln Beattle Natunl Resources Consuftlng, lnc,Septembo,/, 2(na I I I T I E t-t T Urlldlife Report for the Roarino Fork Preserve Subdlvision Paqe 2il E E T T I lt I I E E addition, the Association may take such action as is reasonably necessary to cause the violation to cease, including entry on the property of the owner. ln the e,rent of a pet or livestock violation, the animal(s) which is in violation may be removed from the owner's property for disposal if prohibited or for a period of one (1) or more weeks if the animal(s) is permitted but is in violation. Enforcement of animal violations will be made only with respect to the express provisions of the Declaration (or as otherwise set forth in the homeowner documents of the Association). Rules and laws of Garfield County shall be enforced by the County. 5. For each additional recurrence of the same type of violation, or if a violation continues beyond sixty (60) days after an owner receives notice, an additional fine will be assessed in an amount equal to double the amount of the previous fine. With respect to a continuing violation, the additional fine will be assessed every four (4) calendar days beyond the sixty (60) day period during which the violation continues. The aggregate amount of ftnes which may be charged against an owner for the recurence or continuation of one type of violation shall be $5,000. 6. Each violation of the Declaration, even if based on the same sifuation or animal, shall be mnsidered a separate offense for the purpose of enforcement. 7. ll an owner does not pay a fine which has been assessed due to a violation of the Declaration within thirty (30) days of receipt of the notice to pay the fine, then the late payment or nonpayment shall be considered a separate offense for which the owner can be fined on the same terms as set above. SeptomboL 20(n t hlildlife Reoort for the Roarino Fork Preserve Subdivlslon paqe 25 I n I I I T I E I t I I n t I I Baattlo Natufal RosourE€s Consultlng, lnc, 8. The fines collected under this section my be applied to the costs incurred by the Association to administer and enforce the Declaration. SUMMARY OF WI LDLIFE IMPACTS The Roaring Fork Preserve Subdivision will affect songbirds, small mammals, raptors, the northern Ieopard frog, and mule deer. Daytime resting areas and security cover for mule deer will be reduced. Available forage for mule deer on the subdivision will depend largely on the extent to which individual lot owners remove or manage vegetation on individual lots. Some of the current mule deer use of the property for feeding may be diverted to adjacent undeveloped alfalfa fields. The prey base for coyotes, foxes, skunks, raccoons, crows, red-tailed hawks and owls will be diminished. Many species of wildlife have shown they are adaptable to residential developments, buildings, and human activities. There is experimental evidence to show that wildlife do habituate to humans (Knight and skagen 1988). Habituation is defined as a waning of a response to a repeated stimulus that is not associated with either a positive or negative reward (Knight and remple 199s, Eibl-Eibesfeldt 1970). Research suggests that some wildlife species may habituate to predictable events which they leam are not dangerous (Yarmoloy et al. lgBB). There are many factors that influence wildlife responses to humans. These factors include characteristics of the disturbance and characteristics of the particular wildlife species. Characteristics of the disturbance that shape wildlife responses include the type of human activity, specific behaviors of a person, predictability, frequenry and magnitude, timing, and location. Characteristics of wildlife that affect their response to humans include the type of animal, group size, age, sex, breeding status, and stage of Baattla Natural Resourcos Corsulttng, lnc.Septembar, zNn I T E I I I E lt t-t E I f u I T T I Wildlifo Roport for tho Roarinq Fork Preserve Subdlvlsion paoe 2g I Wildllfe Reoort for tho Roari n o Fork Prescrva Subd ivlsl on Paoe 27 breeding/nesting. The most important factors affecting wildlife response to humans re predictability and perceived threat. When wildlife perceive a disturbance frequent enough to be expected and nonthreatening, they show little overt response. lf wildlife perceive disturbance as unpredictable and threatening, they react quite differently. I anticipate that many of the existing species of wildlife on the proposed Roaring Fork Preserve Subdivision will acclimate to the presence of humans and to changes in habitat. A portion of the subdivision will consist of undeveloped areas. ln my opinion, although there will be a reduction in the quantity and distribution of wildlife, existing wildlife species should still maintain a presence on the development. Many affected species will relocate to undeveloped areas of the development. Development of the Roaring Fork Preserve Subdivision will not result in the loss of critical wildlife habitat, nor will it affect wildlife migration conidors. Retaining existing vegetation, particularly trees and shrubs, in those areas outside of homes, lawns, and entrance roads will benefit wildlife. Wildlife would also benefit from continued inigation of undeveloped grass and alfalfa fields, and potential inigation of cunently noninigated areas, if feasible by the cunent water disbibution system or a modified system. There are no federal or Colorado threatened, endangered, or candidate wildlife, or Colorado species of special @ncem, which will be measurably impacted by the subdivision. Development of the Roaring Fork Preserve Subdivision will have a local affect on individuals of common species of birds, amphibians, small mammals, and mule deer, but will not result in a loss of viability in the area, nor cause a trend to federal Boattle Naturet Resoorces Consultlng, lnc.Septomber,2Un I T T I E E I I t I T n u T t-t I I I Wildlife Reoort for th€Roarlno Fork P reserve Subdivlslon Paqo 28 WILDLIFE IMPACT FUND I recommend that purchasers of new homes in the Roaring Fork Preserve Subdivision be required to pay a one-time fee of $1,000 to the Roaring Fork Preserve Homeowners Association. This fee would be in addition to other initial and recuning fees established by the HOA. The HOA should be required to apply revenue from wildlife impact fees to conservation pro,iects within the subdivision. The local Colorado Division of Wildlife district wildlife manager or a private consultant can recommend conservation pro.iects. As an alternative, at its discretion, the HOA could donate a portion or all of the wildlife impact fees to the Colorado Division of Wildlife. lt should be stipulated that the donation be earmarked for mule deer habitat projects in Garfield County (mule deer will be the most visible species affected by development). Baettle Natunl Resources Consultlng, tnc.September, 2000 E T I I t I f T I I I T t.] I f E E E E or state listing or loss of species viability within a wider area, nor cause a trend to federal or state listing or a loss of species viability rangewide. LITERATURE CITEO Andrews, R. and R. Righter. 1992. Colorado birds. Denver Mus. Nat. History, Denver, CO. 442pp. Eibl-Eibesfeldt, l. 1970. Ethology: the study of behavior. Holt, Rinehart, and Winston, New York, N.Y. 530pp. Fitzgerald, J. P., C. A. Meaney, and D. M Armstrong. '1994. Mammals of Colorado. Univ. Press Colorado, Niwot, CO. 467pp. Hammerson, G. A. 1986. Amphibians and reptiles in Colorado. Colo. Div. Wildlife, Denver, CO. 131pp. Knight, R. L., and S. K Skagen. 1988. Effects of recreational disturbance on birds of prey: a review. Pages 355-359 in L. Glinski, ed. Proceedings of the Southwest Raptor Management Symposium and Workshop. National Wildlife Federation, Washington, D.C. and S. A Temple. 1995. Origin of wildlife responses to recreationists. Pages 81-91 in R. L. Knight and K. J. Gutzlviller, eds. Wildlife and recreationists: coexistence through management and research. lsland Press, Washington, D.C. Yarmoloy, C., M. Bayer, and V. Geist. 1988. Behavior responses and rcproduction of mule deer following experimental harassment with an all-tenain vehicle. Canadian Field Naturalist 10'.425429. Beattle Natunl R€sources Consulfing, lnc.Sepb,mboa 2O0O I I t I I T T T I T I I T I T wlldllfe Reoort for the Roarinq Fork Preserve Subdlvlslon paqe 29 I I T E Wildllte Report for the Roarlno Fork Prosorve Subdlylslon Paoe 3{) Table 1. Species of amphibians for which existing or potential suitable habitat exists on the Roaring Fork Preserve Subdivision as reported by the System for Conservation Planning. The status of individual species is also provided. Common Name Scientific Name pea intermontana State Species of Special Concern Great Basin s adefoot lS Federal Threatened or Endangered State Threatenod or Endangered X New Mexico spadefoot Spea multiplicata X Northern leopard frog Rana pipiens Red-spotted toad i Bufo punctatus Boreal toad Bufo boreas boreas X Eeetde lVatutal Resourcos Consul0ng, lnc.Septembar, 2lXX) f I I E E T tr f I I I tl n E 1.1 I E I I I I E Table 2. species of reptiles for which existing or potential suitable habitat exists on the Roaring Fork Preserve subdivision "" r"portlJ uv ir," 5v.t6, for conservation Planning. The status of individual species is also provided. Federal Threatened or Endan ered State Threatened or Endangered State Species of Special Concern Status X X S3 1cz= Sl= 53= Listed by U.S. Fish and Wldlife Service as a Category 2 candidate in review' ft1;;i ure cotoraoo Natural Heritage program as state criticaly imperiled. Listed by the Colorado Natrral Heritage Program as state rare' ,irr Sclentiflc NameCommon Name n(.7ardlizardLonnose I astern fence lizard undulatus concolorCrota rattlesnake idget fad fusEumacesManlined skin ulumtiaLMilk sna ke N ht snake cer Coluber anstrictor SEortTomEd lizard iantilla ndezi -southwesternblackhead snake IIIIIIIIITIIIIIIIII a s =o aoooa o uo Fo!l fonor 1' olao ?oo ETo. n of !!roo a, -Hiodglem toryuata 53 C2 fptll}st,I -I rijgt&qrssflryeilll{lr4vt -f I I - Table 3. species of mammals for which existing or Potential suitable habitat exists on the proposed Roaring Fork preserve Subdivision as rsport€d by lhe system for conservation Planning. The status of individual species is also Provided. Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Common Name CervusAmerican e tk macrotisEtailed batBilre Ovis canaden sisBhorn shee Ursus americanusBlack bear Botta's p-ket gopher Tadaridabatledtaifree-ntarazilB Noltbsomx cra wfordiDesert s hrew Sorex nanusDwarf shrew myotisedFflng -SpermopEiEslaa'e,lisGolden-man tled ground uirrel cralfleGunnison's ma crolisKit fox Tamias minimusLeast chiPmun k Lynx Meadow vole Threatened nlcusMicrotus SorexMerriam's shrew Endangered A/c6sMoose MicrotusMexican vo le Felis con@lorMountainlion-ddffiiettsEemiorws Mule deer ThomomgopherNorthernpocket Beatlie ty -..rral Resourcas Consulllng, lno.Septa,|tber,2000 IIIIIII Status 51 C2 S1 S3 s3 s3 S3 S2 S1 52 S1 S3 S3 S2 -- SEi6-nttlfic Name Endangered Lynx I witdli ,a Rooort lor tho no Fork Praaerve ubdivisio __ PAge 33 Status Table 3. Species of mammals for which existing or potential suitable habitat exists on the proposed Roaring Fork preserve suooivislon as *port"o by tie system for conservation Planning. The status of individual species is also Provided (continued). Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Endangered S2 s2 c2 s2 c2 S2 X S2 X s3 c2 Septentber, 2000IIIIII X X 1 C2 - -Listed by the U.S. Fish and Wildlife Service as a Category 2 candidate in review' Si- Ui.t"a by th6 Colorado Natural Heritage Program as state critically imperiled. sz _ [iit"o by the colorado Natural Heritage program as state imperited. 53 .. Listed by the Colorado Naturel Heritage Program as state rare' I nilf,c NameSceCommon Name stsLutmNorthernriver otter ordiiroo ratOrd's kan hornPro Euderma maculatum tidecemlineatus Thirteen-l ined ground squirrel a//ascens townsendii's big-earedTownsend bat Western h arvest mouse leucurus s squirrel -W-hite-tailedantelope White-tail ed deer nsisMyotisYuma myotis 1 8tII warlReffos YM*'- r r r r r r -ddoffieus viryinianus Iwil-Rop-r tlr- 'ek l'r.a5l$ve:uldtu!t--I_ -r- I - provided. I II II Table 4. species of birds for which existing or polential suitable habitat exists on the proposed Roaring Fork Preserve Su6ivision ,. r"portfi-u:V n" sirt"d.t for Conservation Planning. The status of individual species is also Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status X X ntlflc NameScCommon Name Falco pengrinus anatumAmerican Pereg rine falcon American re dstart 51Bsra- S2B American wh ite pelican Anas ameicana ThreatenedHaliaeelusBald eagle Threatened islandicaoldenBarow's slB S3B S3BNycticonx nYcticonxBlack-crown ed night heron mexicanusBlack-necked stilt DendrcicaBlack-throa ted gray warbler Black-th roated sParrow Gui,,a,ea caerulearosbeakBlue 7;esA-scors-tealBlue-win DolichonBobolink funereusA Brewe/s s arow S3B S3B S3B 51Balbeola BrantaooseCanada S2BAythWCanvasback Beallle N aau ral Rosoutcos consulung, lnc.Sapta ,bor,2O0O Setophaga Palecanus erythrorhpchos -sze-- Tfrerican wigeoll- -Black swift Boreatowl Euileneao (r Table 4. Species of birds for Which existing or polential suitable habitat exists on the proposed Roaring Fork Preserve Subdivision "" r"portJ-ury n" si.t"rh for Conservation Planning. The status of individual species is also provided (continued). s2 c2 S3B X S3B C2 51B Seplenrter, 2000 IIIIII State Threatened or Endangered State Species of Special Concern StatusStlentlflc NameCommon Name Cinnamon tea I phasianellus columbianus n sharp-led grouse olumb Podicepsredrebe Buteoinous hawkFe rrowtelds ammu ated owl StemaForeste/s tern AnasGadwall Dendrcica gnciaeGrace's warbler vireoGra -Edea ffiiiasieat blue heron ArdeaGreatretMs:tstabidaGreater sandhill crane sreen heron Anas c,eccaed tealen-wreG vaerta Tlorned lark S2B S3B S2B S3B 51B S2B S3B 51B aB,,y"tg.'r"'Y*P.rrrrrrr Federal Threatened or Endangered Vnas cyanoitera EfrAiEpudila diSiammedis nitoeiAi6- IvlrilCIRGD-r th*ari l)ae,k Pr4sarv' \Jlotvtsull- : - Table 4 provided (continued). II I )it . sppcies of birds forwhich existing or polential suitable habitat exists on the proposed Roaring [:r'rrk Preserve ililift;" as reported oV ne sirteil for Conservation Planning. The status of individual species is also State Threatened or Endan ered State Species of Special Concern X tlflc NameSceommon Name Lark bunting Grus canadensis canadensis Lesser sandhi ll crane Lewis wood pecker -Numenins americanus-billed curlewL Anas osMallard Marsh wren Merlin -MeEagris galloPavo meniami Merriam's wild turkey Threatenedlis lucidaowlnextMcaspotted sANorthemoshawk CircusNorthernharrier Anas acutaintailNorthern Northern sh oveler Pandion le martinPu Threatened Melanerpes nsisLarusware woodpecke I ssantneckedRin sBonasaRuffedrouse BeatU a N aau ral Reso u tce s consuung, tnc.Seple,laber,2000 IIIIII Status S2B S3B 51B S3B C2 S3B S3B S3B S3B -FederalThreatened or Endangered Anas@w*a Osprey Re+ileaaea Fins{illed sull Table 4 . soecies of birds for which existing or potential suitable habitat exists on the proposed Roaring Fork Preserve ;ffi;il;;;;#ffi;yiil-3i.i",i, r"r conservation Plannins. The status of individual species is also provided (continued). State Species of Special Concern Status V S3B S3B 51B S2B 52B C2 S2B C2 51B rii Federal Threatened or Endangered Sclentlflc NameGommonName rufussbirdRufous hu mml belli u A Sage grouse rrowSaes lcterusScott's oriole AsiollammausowlShort-eared Sn ret ButeoSwainson's hawk Picr,ideskerThree-toed h Western bu rowing owl Threatened White-fa ced ibis Lagopus leucrus a White-tai led ptarmigan crossbillWhite-wi nged Seplctnbor, 2000 IITITI-8,"(y' it1fi*o5,s consulllna. lnc.IL IIIIIII wrldirio r(dDolr lor tllo xoaflllo Forl( PletorYo 5uuulvr>lurr -' State Threatened or Endangered Centrcarcus urophasianus -Rhdi6 cunicularia I I\ /ll.Itaorllr th-rrirr-k PEl-vo _-III '.r!,.i_19II II Status 51B Table 4. Species of birds for which existing or polential suitable habitat exists on the proposed Roaring Fork Preserve Subdivision ". r"port"a-iy tt Syrt",i'r for Conservation Planning. The status of individual species is also provided (continued). Federal Threatened or Endangered State Threatened or E ndan ered Endan ered State Species of Special Concern I c - Listed by the U.S. Fish and Wldlife Service as a Candidate species' cz _ ii.t"o uy ttre u.s. Fish and wldlife Service as a category 2 candidate.in review. sig --SpL"i"', listed uy the CoioraOo ttaturat Heritage erogiam as state critically imperiled during the breeding season' aiB - $;;i;; tisted by tne CoioraOo Natural Heritage Program as state imperiled during the breeding season' $B - $;[, listed by td; C;iild; iiiaturat Heritale Prolram as state rare or threatened during the breeding season' ril Sclentlflc NameGommon Name EndangeredGruscrane Catoptmphorus se inomatus Willet sthsapsuckerWilliamson's Bo attl o N alu rel Resourcos Consun/I,g, tna.Septen$er, 2000 -Whoopins Table 5. Colorado listing of endangered, threatened and wildlife species of special concern. Common Name Scientific Name Fis h Bonytail Gilaele ans Razorback sucker X rauchen lexanus : Humpback chub Gila cypa Colorado pikeminnow hocheilus lucius Greenback cutthroat trout Oncorh hus clarki sotmias Rio Grande sucker Catostomus lebeius Plains minnow Northern redbelly dace Phoxinus eos Southern redbelly dace Phoxinus e hrogaster Brassy minnow H ybognath us h a n kinson i I Common shiner Luxilus cornutus Arkansas darter Etheostoma cragini Status' FE, SE EE QE FE, ST FE, ST FT, ST SE SELake chub Couesius plumbeus SEHybognathus placitius Phenacobius mirabilis SESuckermouth minnow SE SE ST ST ST Bluehead sucker SCCatostomus dlscobo/us Flannelmouth sucker Catoslornus latipinnis SC Mountain sucker SCCafostomus platrhynchus SCPlains orangethroat darter Etheostoma spectib/e lowa darter Etheostoma exile SC Plains topminnow SCFundulus sciadicus Rio Grande chub Gila pandora SC Colorado roundtail chub Gila robusta SC Speckled chub Macrhybopsis aest valis tetnnemus SC River shiner Nofroprc blennius SC Stonecat SCNolurus f,avus Colorado River cutthroat bout SCO n co rhyn ch us cla dd ple u dticus Rio Grande cutthroat trout O n co rhyn ch u s cl a rki vi ryi n al i s SC Flathead chub Platygobio gncilus SC Amphibians Boreal toad Bufo boreas boreas SE Northern cricket frog Acis crepitans SC Great Plains nanowmouth toad Gastrophryne olivacea SC Beafiie Netural Resources Consulting, lnc.September, 2000 Wildlifo Report for the Roarlno Fork Preserve Subdivision paoe 39 E I lt E T f I T I I T E I Table 5. Colorado listing of endangered, threatened and wildlife species of special concern (continued). Common Name Scientific Name Status Amphibians continued Canyon treefrog Northern leopard fro Rana /ens 5U Plains leopard fro Couch's spadefoot Great basin spadefoot New Mexico spadefoot Re tiles Mid et faded rattlesnake Lon nose leopard lizard I Yellow mud tu rtle K i n o st e rn o n f/a ve nscens SC Common kin sn ake Texa s blind snake Texas horned lizard H la areicolor SC Rana blairi SC SCScaphr'opus courchii SCSpea intermontana 5UslicataaeItmu J\-C rotal us viridis concolor SCGambelia wislizenii SCetulaLampropeltis SCLeptotyphlops dulcis 5UPhrynosoma comutum SCDesert spiny lizard Sce/oporus magister SCMassasaugaSrstrurus catenatus Birds SCAmerican peregrine falcon F alco peregrinus anatum FE, SEWhooping crane Grus ameicana tabida FE, SELeast tern Stema antillarum afhalassos FE, SESouthwestem willow flycatcher Em pidonax traillii ertimu s SEPlains sharp-tailed grouse Tym pa n ich us ph asianellus jamesii FT, STPiping plover C h a n cliua me lod us circumcin ctu s FT, STBald eagle H al i ae eti s leu cocephal us FT, STMexican spotted owl Strix occidentalis lucid a STWestem bunowing owl Athene cunicularia SCGreater sandhill crane Grus canadensls STLesser prairie chicken Tym pa n u chus pallidicin ctu s SCBarrow's goldeneye Bucephala islandica SCFerruginous hawk SCGunnison's sage grouse e ntroce rcu s urophasia nus su SCNorthern sage grouse e n t roce rcu s u ro ph asian u s subspp.c SCWestem snowy plover Charadius alexandrinus SCMountain plover SCLong-billed curlew Numenius ameicanus SCWhite pelican P e I e ca n u s e ryth ro rhy n ch o s Beetlle Nalural R€sourc€s Consultlng, lnc.Septembe4 2000 l-l E I T Wildlife Report for the Roarino Fork PrEserve Subdivision Paoe 40 E T E T I E I I I I n E f I I E Buteo regalis Chardius montana Table 6. Federal threatened and endangered species reported for colorado. Common Name Scientific Name Piping plover I Charadrius melodus Colorado squawfish Ptychocheilus lucius Bonytail chub Gila elegans Stafus Threatened Endangered Humpback chub Gila c ha Endangered Whoo tn crane Grus americana Endangered Bald eagle H a li a e etu s le u coce ph alus Threatnened Black-footed ferret 1 Mustela ni ripes Endangered Southwestern willow flycatcher Empidohax traillii ertimus Endangered Preble's meadow jump mouse ing Zapus hudsonius pre blei Threatened Lynx Lynx Canadensis Threatened Mexican s tted owl Strix occide ntalis lucida Threatened Threatened Endangered Razorback sucker Xyrauchen texanus Endangered Least tern Sterna antillarum Endangered Greenback cutth roat trout Oncorh 'nchus clafui stomt as Threatened Gray wolf Canis /upus Endangered Mancos milk-vetch Astraga/us humillimus Endangered Osterhous milk-vetch Asfraga/us oste rhoutii Endangered Clay-loving wild bucloarheat Eriogonum pelinophilum Endangered Penland alpine fen mustard Eutrema penlandii Threatened Dudley BIuff s bladderpod Lesquerella congesfa Threatened Knowlton cactus Pe cactus knowftonii Endangered Penland beardtongue Penstemon penlandii Endangered North Park phacella Phacelia formosula Endangered Dudly Bluffs twinpod Physaria obcotdatd Threatened Unita Basin hookless cacfus Sclerocactus glaucus Threatened Mesa Verde cactus Sc/erocacfus mease vetdae Threatened Ute ladies'-tresses Spnanfhes diluvialis Threatened Beattie Naturat Resouroas Consulting, lnc.September,2(N0 Wildlife Report tor the Roarinq Fork Preserve Subdivision PaEe 4l I I l r Ursus arctos SINVNfrAOJ gAIIJflJOAd I I I I E I T E I I lt t I I I I I I DECI.ARATION OF COVENANTS, CONDITIONS, R.ESTRICTIONS AND EASEMENTS FOR ROARING FORK PRESERW SI'BDTVISION ROARING FORK PRISERVE, LLC, a Colorado limited liabiliry comPany ("DeclaranC'), as owner of cenain real properry in the Counry of Garfield, State of colorado, known as Roaring Fork Preserve subdivision, as depicted on the plat of same recorded on -, -, as Reception No in the records of the Clerk and Recorder of Garfield Counry, Coiorado ("the Plat"), an d described in Exhibit A amached hereto and incorporated herein by this refelence ("the Properq/'), desires to create a Common Interest Community, to be known as Roaring Fork Preserve Subdivision, in which certain common property will be owned by the Roaring Fork Preserve Homeowners Association, a Colorado non-profit corporation, its successors and assigns (the "Association"). Declarant makes the following declarations: ARTICLE 1 STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS 1.1 Im tion of Cov enants Declarant hereby makes, declares, and restrictions and easements From this day forward, the to these Covenants. These g upon all persons or entities establishes the following covenants, conditions, ("Covenants") which shall affect al1 of the Properry. Properry shall be held, sold and conveyed subject Covenants shall run with the land and shall be bindin having any right, title or interest in all or any part of the Properry, including Declaiant,-and their heirs, successors, assigns, tenants, guests and invitees. These Covenants shall inure to and are imposed for the benefit ofall Lot Owners ofparcels of land located within the Property. These Covenan6 create specific rights and privileges which shall be shared and enjoyed by all owners and occupants ofany pan of thu F op"rty. Declarant hereby submis Roaring Fork Preserve Subdivision to the provisions of the colorado common Interest ownership Act, sections 38-33.3-101, .t. r"q., Colorado Revised Statutes, as it may be amended from time to time (the ,,Rct',). In the event the Act is repealed, the Act, on the effective date of this Declaration, shall remain applicable. I.2 Declarancs Intent. Declarant wishes to ensure the affractiveness of individual Lots and Improvements to be made within the Property, to Prevent any future impairment of the Property, and to preserve, Protect and enhance the values "nJ "*"ni,i"r of the property "s i highly desirable, scenic and exclusive residential area. tt is the intent of ieclirant to preserve the Present beauty and views and to guard against the construction on the Properry of Improvements built of improper or insuitaile materials or with improper qualiry or methods of construction. Declarant intends to encourage the conitruition of amacdve permanent Improvements of aJuanced tectrnologlcal architecrural and engineering design, appropriately located to preserve *re harmonious development of the Properry' t-t I I t T I I u E f I I E E I I I f t-l ARTICLE 2 DEFIMTIONS Each capicalized term not otherwise defined in this Declaration or on the Plar shall have the meanings specified or used in the Act. The following terms, as used in this Declaration, are defined as follows: 2.7 "Design Guidelines" shall mean the rules and regulations adopted by the Association in conformance with and pursuant to this Declaration to maintain the quality and architectural harmony of Improvements in Roaring Fork Preserve Subdivision. 2.2 "lmprovements" shail mean all buildings, parking areas, fences, walls, hedges, plants, poles, antennae, driveways, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, roads, utility improvemenc, and removal of trees or plants. "lmprovements" do include both original improvements and all later changes and improvements. "Improvements" do not include turf, shrub or tree repair or replacement of a magniude which does not change exterior colors or exterior appearances. 2.3 "LE!" shall mean any lot shown on the Plat of Roaring Fork Preserve Subdivision which may be conveyed in conformance with the laws of the State of Colorado. For purposes of conforming the terms and provisions of this Declaration to the terms and conditions of the Act, the term "Lot''shall be analogous to the term "Unit'' as that term is defined in the Act. 2.4 "Ls!Q\^mcf'shall mean an owner of a Lot shown on the Plat of Roaring Fork Preserve Subdivision. For purposes of conforming the terms and provisions of this Declaration to the terms arrd conditions of the Act, the term "lot Owne/' shall be analogous to the term "Unit Ownet''as *lat term is defined in the Act. ARTICLE 3 DESCRIPTION OF COMMON INTEREST COMMT'NITY 3.1 Units. The maximum number of Lots in Roaring Fork Preserve Subdivision is nine (9) single family los. 3.2 Common Elements. The Common Elements include: A. All ditch and water righu appurtenant to or used upon or in connection with the Property, including 5'1.9o/o of a 1,/4 interest in the Slough Ditch with the water and ditch rights appufienant thereto. ') I u l-l I E T T I T I E T T E E t T B. All private roadways over and across rhe Property providing access to County Road 100; and C. All access and utility easemenrs depicted on rhe Plar of Roaring Fork Preserve Subdivision and other easemens depicted on said Plat or described below, all of which are designated by this Declaration for rhe common use and enjoyment of Lot Owners and their families, tenants, guests and invitees, and not for the public. The Association, subject to the righs and obligations of the Lot Owners set fonh in this Declaration, shall be responsible for the management and control of the Common Elements. 3.3 Allocated Interests. The undivided interest in the Common Elements, the Common Expense liabiliry, and votes in the Association allocated to each Lot Owner shall be allocated to each Lot and calculated as follows: A. the undivided interest in Common Elements, on the basis of an equal interest for each Lot; B. the percentage of liability for Common Expenses, on the basis of equal liability for each Lot, provided that, to the extent any Common Expense is attributable to the operarion and maintenance of the access road or the gas main and telephone lines serving Lots 1 through 9; and per Lot. 3.4 Convelrance of Water Righu. By separate instruments, Declarant shall transfer to the Association all water and water rights appurtenant to the Property described in Section 3.2 above. Such water and water righu shall be held by the Association in trust for the use and benefit of the Lot owners and shall not be sold, leased, conveyed or encumbered by the Association. 3.5 lrrigadon Rights. Each lot Owner will observe the following: A. Each Lot Owner shall adhere to the terms of any water rights decrees and permits affecting water service on and to the Property and other water rights arising on or carried through the Property, including carriage rights of other owners of interest in the Slough Ditch; B. without limiting the foregoing, the utilization of irrigation water from the Slough Ditch shall be coordinated with the other owners of interests in such water righu which include access easemens for pipelines and along ditch rights of way for repair, cleaning and maintenance; J I E I I I E I E E lt l-l T E I u T E E C. the number ofvotes in the Association, on the basis ofone vote C. The irrigation system shall be regulated and operated at all times in a manner so as to balance the use of the irrigation water by all persons encitled to the benefit of such water; D. Any capital improvements or modificacions required to the irrigation system due to any change to residendal use made on Lots 1 through 9 shall be paid exclusively by rhe Association if for the benefit of all such Lots, and if less than all such Lots will be benefined, then proponionately by the Lot Owners making such capital improvements or modifications. In no event shall the remaining owners of interests in the irrigation sysrem be charged for such capital improvements or modifications; E. Each Lot Owner shall own and be responsible for all costs, expenses and liabilities for ditch laterals from such Lot Owner's point of connection to the Associarion's distribution ditches and any other costs associated with use of irrigation water on the Owner's Lot; F. The Association may establish charges for water usage based on consumption such that the irrigation system will be independently supported with adequate reserves for capital replacements; G. The Associarion, upon reasonable notice, through its agents, shall have full and free access at all reasonable hours to read meters, examine water facilities, determine water usage and take other necessary actions to assure compliance with the rules of the Association, provided that in the event of emergency, based on a good faith determination by the Association, reasonable notice.-shall not be required, if impractical; H. The Association shall have the right upon reasonable notice to shut off or curtail diversions of irrigation water for violation of these Covenants or any Association rules. 3.6 Road Access. The primary roadway easement and right of way depicted on the Plat for access to Roaring Fork Preserve Subdivision to be known as shall (not) be dedicated to the public by Declarant. The Association shall be responsible for the operation and maintenance of said road in conjunction with other users as set forth in a road maintenance agreement. The Association shall not be responsible for maintenance ofprivate drives located on any Lot. The Executive Board shall cooperate with the applicable trafrfic and fire control officials, and shall post the road with required traffic control, fire lane, and parking regulation signs. Costs of the operation and maintenance of the roadway shall be bome equally by the Lot Owners of Lots 1 through 9 regardless of the lengttr of road serving a pardcular lot. 4 I t-l E E n E E T t I I T T I t t T I T 3.7 Recorded Easements. The Properry, and all portions thereof, shall be subject to all easements shown on the recorded plat affeccing the properry, or any portion thereof, and to any other easements of record as of the date of the recordation of this Declaradon. 3.8 Utility Easements. Declarant reserves to Declaranr and hereby grants to the Associacion a general non-exclusive easement upon, across, over, in and under the easements as shown and depicted on the Plat for ingress and egress and for installadon, replacement, repair and maintenance of all utilities, including, but not limited to, domesdc and irrigation warer, sewer, gas, telephone, television and electrical systems. By vimre of rhis Easement, ir shall be expressly permissible and proper for the companies providing electrical, telephone and other communication services to install and maintain necessary electrical, communications and telephone wires, circuits, and conduits in the easement. All water, sewer, gas, telephone, electrical, or communications lines, sysrems, or facilities shall be installed or relocated below the surface of any Properry, except for necessary surface facilities. Such utilities may be installed temporarily above ground during construction, if approved by the Declarant or the Associarion. Any urility company using rhis general easement shall use its best efforts to insrall and maintain the utiliries provided for without disrurbing the uses of the Lot Owners, the Association and Declarant; shall prosecute its installation and maintenance activities as promptly and expeditiously as possible; and shall restore the surface to ia original condirion as soon as possible after completion of its work. Should any utiliry company furnishing a seryice covered by this general easement request a specific easement by separate recordable document, either Declarant or the Association shall have, and are hereby given, the right and authoriry to grant such easement upon, across, over or under any pan of or all of the Properry without conflicting with the terms of this Declaration. This Seneral easement shall in no way affect, avoid, extinguish or modiff any orher recorded Easement on the Properry. AII service connections to primary utility lines (including water curb stops, gas shutoffvaives, electrical transformers and telephone pedestals) serving each Lot shall be the responsibility of the Lot Owner. 3.9 Emergency Access Easement. A general easement is hereby granted to all law enforcement, fire protection, ambulance and all other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties. 3.10 Maintellance Easement. An easementis hereby reserved to Declarant, and granted to the Association, its officers, agents and employees, successors and assigns, upon, across, over, in and under the Property and a right to make such use of the Properry as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to E I T I I E u E I T I 5 f E E n t-] E E n perform, including without limitation, any acrions in respect to the irrigation distribution system and individual sewage trearmenr systems (ISTS). 3.11 Drainage Easement. An easement is hereby reserved to Declarant and granted to the Association, its officers, agents, employees, successors and assigns, to enter upon, across, over, in and under any portion of the Properry for the purpose of changing, correcting or otherwise modifying any existing drainage channels on the Property to protect the historic drainage pattern of water. Reasonable effons shall be made to use this easement so as not to disrurb the uses of the Lot Owners, the Associadon and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; to avoid interference with exisring sEucrures; and to restore any areas affected by such work to the condition existing before the work as soon as possible following such work. Declarant and Dedarant's agenu, employees, successors and assigns must inform and obtain the wrinen approval ofthe Executive Board and any affected property owner. Such approvals shall be obtained prior to undertaking such drainage work, which approvals shall not be unreasonably withheld. 3.72 Easements Deemed Created. All conveyances of any part of the Properry made after the date of this Declaration, whether by Deciarant or otherwise, shall be construed to grant and reserve the easements contained in this Article 3 even though no specific reference to such easements or to this Declaration appears in the instrument for such conveyance. ARTICLE 4 THE ASSOCIATION 4.1 Membershio. Every person, by virrue of being a Lot Owner and while such person is a Lot Owner, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any [ot. No Lot Owner, whether one or more persons, shall have more than one membership per Lot owned, but all of the persons owning each Lot shall be entided to righs of membership and use and enjoyment appurtenant to zuch ownership. 4.2 Authority. The business affairs of Roaring Fork Preserve Subdivision shall be managed by Roaring Fork Preserve Homeowners Association, a Colorado non-pro6t corporation. 4,3 Powers. The Association shall have all of the powers and authority permitted under the Act necessary and proper to manage the business and affairs of Roaring Fork Preserve Subdivision. 6 I I E t I t.l lt I I T n E E T T I T E t 4.4 Declarant Control. The Declarant shall have all the powers reserved in Section 38-33.3-303(5) of the Act to appoint and remove officers and members of the Executive Board. ARTICLE 5 COVENANTS FOR COMMON E)PENSE ASSESSMENTS 5.1 Creation of Association Lien and lObliea tion to Pav Common Exnense sessments.Declarant, for each Lot, hereby covenants, and each Lot Owner of any Lot, by acceptance of a deed therefor, whether or nor it shall be so expressed in any such deed, are deemed to covenant and agree to pay to the Association annual Common Expense Assessments. Such assessments, including fees, charges, late charges, anorney's fees, fines and interest charged by the Association shall be the personal obligation of the Lot Owner ar the time when the assessment or other charges became or fell due. Two or more Lot Owners of a Lot shall be jointly and severally liable for such obligarions. The personal obligation ro pay any past due sums to the Association shall not pass to a successor in title unless expressly assumed by them. The Common Expense Assessments of the Association shall be a continuing lien upon the Lot against which each such assessment is made. A lien under this Section is prior to all other liens and encumbrances on a Lot except: (a) liens and encumbrances recorded before the recordation of the Declaration; (b) a first lien Security Interest on the Lot recorded before the date on which the Common Expense Assessment sought to be enforced became delinquent; and (c) liens for real estate tzrxes and other governmental assessments or charges against the Lot. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taftng a deed in Iieu of foreclosure. Sale or transfer of any Lot shall not affect the Association's lien except ttrat sale or transfer of any Lot pursuant to foreclosure of any first lien Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien as provided in ttre Act. No such sale, transfer, foreclosure, nor cancellation or forfeiture shall relieve any lot Owner from continuing liability for any Common Expense Assessments thereafter becoming due, nor from the lien thereof. 5.2 Aoponionment of Common Expenses. Common Expenses shall be allocated and assessed against Lots on an equal shar.e for each Lot. 5.3 Purpose of Assessments. Assessments levied by the Association shall be used exclusively to promote the health, safery and welfare of the residents of Roaring Fork Preserve Subdivision and for the improvement and maintenance of the Common Elements, including, but not limited to: taxes and insurance on the Common Elements, reserve accounts, the cost of labor, equipment, materials, 7 I E E T T I E I I T t I t] E T ]t I I management and supervision, the salary or fee of any manager, utilities, transporta- tion, professional fees and other customary charges. Annual As sessmenL/Commencem ent of Common F.xn ense Assessments. Common Expense Assessments shall be made on an annual basis against all Lots and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense Assessments shall be payable in monthly installments and shall begin on the first day of the month in which conveyance of the first Lot to a Lot Owner other than the Declarant occurs. 5.5 Effect of Non-Payment of Assessments. Any assessment, charge or fee provided for in this Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof shall bear inreresr ar the rate as determined by the Executive Board. A late charge of up to five percent (50/o) of each past due installment may also be assessed thereon. , Funher, the Association may bring an action at law or in equiry, or both, against any Lot Owner personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Lot Owner's Lot. An action at law or in equity by the Association against a Lot Owner to recover a money judgment for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Associadon without foreciosing, or in any way waiving, the Association's lien. 5.6 Workins Fund. The Association or Declarant shall require the first Lot Owner of each Lot (other than Declarant) to make a non-refundable payment to the Association in an amount equal to one-sixth of the annual Common Expense Assessment against that Lot in effect at the closing thereof, which sum shall be held, without interest, by the Associarion as a "working fund." The working fund shall be collected and transferred to the Association at the time of closing of each sale by Dedarant of each Lot and shall be maintained for the use and benefit of the Association. Such payment shall not relieve a Lot Owner from making regular payments of the assessmens when due. Upon the transfer of a Lot, a Lot Owner of same shall be entided to a credit from the transferee for any unused portion of the working fund. ARTICLE 6 DESIGN REVIEW 6.1 Design Guideiines. The Association shall adopt, establish and publish from time to dme Design Guidelines. The Design Guidelines shall not be inconsistent with this Declaration, but shall more specifically define and describe the design standards for Roaring Fork Preserve Subdivision. The Association may also establish B E l.l E I I I I E t-l tl f E f E E t-t E E E reasonable criteria, including, without limitation, requirements relating to design, scale and color, as the Association may deem appropriate in the interest ofpreserving the aesthetic standards of Roaring Fork Preserve subdivision. The Design Guidelines may be modified or amended from time to dme by the Association. Funher, the Association, in its sole discretion, may excuse compliance wirh the Design Guidelines as are not necessary or appropriate in specific siruadons and may permit compliance with different or alternate requirements. Compliance with the Association's Design Review process shall not be a substitute for compliance with applicable governmental building, zoning and subdivision reguladons. Each Lot Owner shall be responsible for obtaining all approvals, licenses and permlts as may be required before commencing consmtcdon. 6.2 Design Review. The fusociation shall review, study and either approve or reject proposed Improvements in Roaring Fork Preserve Subdivision in compliance with this Declaration and the Design Guidelines. In any Design Review, the Association shall exercise its besrjudgmenr ro see that all Improvements conform and harmonize with any existing strucrures as to exrernal design, qualiry and rype of constmction, materials, color, location of Improvements, height, grade and finished ground elevation and all aesthetic considerations set forth in this Declaration and in the Design Guidelines. The Associarion's exercise of discrerion in approval or disapproval of plans, or with respect to any other matter before it, shall be conclusive and binding on all parties. 6.3 Desien R Proc edures. The President or other execur,ive officer of the Association shall preside over all meedngs for Design Review and shall provide for reasonable nocice to each member of the Association before any such meeting. The notice shall set forth the time and place of the meeting, and notice may be waived by any member. The affirmative vote of the majoriry of the members of the Association shall govem its actions and be the act of the Association. A quorum shall consist of a majority of the members. Any applicant member seeking a Design Review nevertheless shall be endded to vote on any action or decision. The Association may avail itself of technical and professional advice and consultants as it deems appropriate. The Association shall make such rules as it may deem appropriate to govern such proceedings. 6.4 Design Review Exoenses. The Association shall have the right to charge a reasonable fee for each application submitted to it for Design Review, in an amount which may be established by the Association from time to time, and recover the reasonable costs and expenses of any technical and professional advice required to properly consider the application and to generally defray the expenses of the Association for this purpose. 9 E T I t T t I u E n l.l E T E lt 6.5 Limitation of Liabilitv. The tusociation shall use reasonable judgment in accepdng or rejecting plans and specificadons submitred to it for Design Review. Neither the Association, Declarant, nor any officer, Executive Board member or individuat Association member, shalt be liable to any person for any acr of the Associadon concerning submirted plans and specifications, except for wanton and willful acts. Approval by the Association does not necessarily assure approval by any governmental authority having jurisdicdon. Norwithstanding Associadon approval of plans and specifications, neither the Associadon nor any of its members shall be responsible or liable to any Lot Owner, developer or contractor with respect to any loss, liability, claim or expenses which may arise because of approval of the construcdon ofthe Improvements. Neither the Execudve Board, the Association, nor Declarant, nor any of their employees, agenrs or consultants shall be responsible in any way for any defects in any plans or specifications submimed, revised or approved in accordance with the provisions ofthe Declaration, nor for any structural or other defecs in any work done according to such plans and specifications. ARTICLE 7 CONSTRUCTION AND AI.TERATION OF IMPROVEMENTS 7 .7 General. The Design Guidelines and the provisions set forth in these Covenants shall govern the right of a Lot Owner to construct, reconstmct, refinish, alter or maintain any Improvement upon, under or above any of Roaring Fork Preserve Subdivision, and to make or create any excavation or fill on Roaring Fork Preserve Subdivision, or make any change in the natural or existing surface contour or drainage, or install any utility line or conduit on or over Roaring Fork Preserve Subdivision. 7.2 Aooroval Reouired. No Improvement in Roaring Fork Preserve Subdivision shall be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or reconstruction be commenced until plans for zuch Improvement shall have been approved by the Association; provided, however, that Improvements and alterations which are completely within a structure may be undertaken without such approval. 7.3 Soecific Reouirements for Buildings. Subject to governmental regularions, no buildings shall be placed, erected, altered or permitted to remain on any Lot other than one (1) single family dwelling, one (1) attached or detached garage, and one (1) other non-residential outbuilding other than a garage not exceeding one thousand five hundred (1,500) square feet. All buildings shall be located wholly within the building envelope designated for a Lot as depicted on the Plat. The building size of the principal dwelling on any Lot shall not be less than tfuee thousand (3,000) square feet nor more than seven thousand (7,000) square feet, exclusive of all areas utilized for garages and open porches. No structure of any 10 l-l I t I I T t I n I I I I I I T I T kind shall be more than thirty five (35) feet above natural grade. New construction on each Lot wiil include plumbing fixtures using low water use technology. Rll Lots will utilize white or earth tones for exterior surfaces and non-reflective roofing materials. All construction materials shall be new, except for the limited use of anrique Eeatments, fixrures and accessories. No building or strucftrre originally consructed at another location shall be moved onto any Lot. Outside lawVgarden watering shall be limited to four thousand (4,000) square feet per Lot. 7.4 Domestic Water. Domestic water shall be supplied to each Lot by a domestic water well to be drilled by the Owner of each Lot. The Declarant has applied for a domestic water well permit for each Lot in the Subdivision, which well permits, when issued, will be assigned to the Owner(s) of each Lot. 7 .5 Wastewater Treatment. Wastewater treatment shall be supplied to each Lot by individual sewage treatment system ("lSTS") installed by each Owner in accordance with the ISTS Design and Performance Standards ser forth in Article 8.9 and maintained by the Associacion in accordance with the provisions of the ISTS Maintenance Plan set forth in Article 8.10. The Association shall be responsible for setting all rates, fees or charges for inspecting, maintaining and repairing each individual system and such rates, fees or charges assessed by the Association against each Lot for such inspection, maintenance and repair shall be a personal obligation of the Owner thereofwhich the Association shall have the power and dury to enforce. 7.6 Fireplaces and Stoves. In order to protect against air quality degradadon from the utilization of solid fuel buming devices, no open hearth solid fuel fireplaces shall be allowed. There shall be no restrictions on the number of natural gas burning fireplaces or appliances. Each dwelling unit will be allowed one (1) new wood-buming stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder. 7 .7 Wildfire Prevention. The guidelines of the Colorado State Forester for wildfire prevention as presently specified in the pamphlet titled "Wildfire Protection in the Wildland Urban Interface" prepared by the Colorado State Forest Service (C.S.F.S. #143-691) or anysuccessor document shall be followed in the construction of all future Improvements. 7.8 Fences and Hedges. The rype and location ofall fences and hedges will be subject to the approval of the Design Review Comminee prior to installation. Only wooden fences shall be permitted within the Properry, with limited excepdons for small gardens, kennels, play areas for small children or otherwise and only in circumstances where a wooden fence would not serve the required purpose. Barbed wire fencing shall be prohibited. The Design Review Commimee shall consider the effect on wildlife activity prior to approving any requested fencing. Wood fencing 11 I I T I I I T T T I E I T I I E I shall not exceed forry-rwo (42) inches in height, shall not have more than two (2) horizontal poles with spacing ofat least eighreen inches (18") berween rails and with the bonom rail at least n renry-four inches (24") above the ground. No fences or hedges shall be constructed, grown or maintained on any Lot higher than six (6) feer above ground level, but this restriction shall not apply to patio fences anached to dwellings. 7.9 Removal o f Nonconformins Im rovements . The Associarion, after reasonable notice to the offender and to the Lot Owner, may remove any Improve- ment constmcted, reconstructed, refinished, altered or maintained violating these Covenants, and the Lot Owner of the Improvement shall immediately reimburse the Associacion for all expenses incurred in such removal. 7.10 Trees and Landscaping. There shall be no cutring or altering of trees or bushes or narural vegetacion growing on any Lot, and no further landscaping thereof except as may be authorized in writing by the Association, unless as required by Garfleld County for fire protection. ARTICLE 8 PROPERTY USE RESTRICTIONS 8.1 General Restricrion. The Properry shatl be used only for private residential purposes as set forth in these Covenants as the same may be amended from time to time, as permitted by the applicable regulations of the Counry of Garfield and the laws ofthe State ofColorado and the United Srates, or other specific recorded covenants affecting all or any pan of the Property. Notwithstanding the foregoing, business activities associated with the sale of Lots or residences constructed thereon shall be allowed. In addition and subject to any applicable governmenEl regulation, in-home businesses or occupations not involving the provision of services for customers or use of employees on site (other than the Lot Owners) shall be allowed, provided such activities are conducted solely within an endosed stnrctue and do not create or result in any nuisance or any unreasonable, unwarranted or unlawftrl use or interference with public or private righs, induding, but not limited to, unreasonable or unwarr;rnted use or interference with strees, excessive traffic, increased parking requirements, or any other offensive or noxious activities. Bed and breakfast operations shall not be permitted. 8.2 No Further Subdivision of Lots. No Lot described on the recorded Plat of Roaring Fork Preserve Subdivision shall ever be funher subdivided into smaller lots or conveyed or encumbered in any less than the full dimensions as shown on the recorded Plat of Roaring Fork Preserve Subdivision; provided, however, conveyance or dedications of easements for utilities may be made for less than all of one Lot. 72 I E I I E T I I E lt t-l lt I E E I lt u T 8.3 Vehicles. No truck, trail bikes, recrearional vehicles, moror homes, motor coaches, snowmobiles, campers, trailers, boats or boat trailers, or similar vehicles (other than passenger auromobiles or pickup or uriliry rucks with a capaciry of one ton or less) or any other vehicles shall be parked, stored, or in any manner kept or placed on any portion of the Properqv, excepr for vehicles which are kept in an enclosed garage or screened enclosure. This restricdon, however, shall not be deemed to prohibit commercial and construcdon vehicles, in the ordinary course of business, from making deliveries or otherwise providing service to the Property or for approved construction by Declarant or Lot Owners. No Lot Owner or other person shall be permitted to operate snowmobiles or motorcycles which are not permitted to be driven on public roads. 8.4 Excavation or Fill. No excavation or fill shall be made except in connection with Improvements approved as provided in these CovenanB. For purposes of this Section, "excavation" shall mean any disturbance of the surface of the land (except to the extent reasonably necessary for approved landscape planting) which results in a removal of eanh, rock or other substance a depth of more than eighteen inches (18") below the narural surface of the land. For the purposes of this Section, "fiIl" shall mean any importation and placement of earth, rock or other substance a height of more than eighteen inches (18") above the narural surface of the land. 8.5 Erosion and Vegetation Control. The surface ofthe Property, including all Lots, shall be maintained in a condition which will minimize the risk of soil erosion and weed infestation. All excavations, fills and other consmrction which disturb the existing vegetation shall be revegetated with weed free seed and mulch. Any disrurbed area on a Lot shall be fully restored by the Lot Owner. 8.6 Sims. No signs of any kind shall be displayed to the public view on or from any ponion of the Property, except ordinary real estate sale sigru, signs approved by the Association, or signs required by law. L7 Animals and Pets . No animal, livestock or poultry of any kind shall be kept, raised or bred on any Lot, except that not more than two (2) dogs, nvo (2) cats, and other typical small household pets, such as birds and fish, shall be allowed. The following special requiremenu apply to the dogs permitted on each Lot: A. Each dog shall be kept under the control of the Lot Owner and on a leash at all times when ouuide a fenced area or strucftrre and shall not be permitted to run free or to cause a nuisance on the Properry. B. No dog shall be allowed to bark excessively, which is defined as barking more or lessrcontinuously during any fifteen (15) minute period. 13 T T I t f t] u u I I t I I E I I l-l I T C. Each dog shall be leashed or kept in a humane kennel orrun at all times. Metal chain link fencing will be allowed for the purposes of kenneling a dog. The locadon and sryle of each kennel shall be subject to review by the Design Review Committee. A kennel shall be installed prior to issuance of a Cenificate of Occupancy for any Lot if the Lot Owner possesses a dog at such rime and, in any event, prior to the introduction of a dog on any Lot. D. A1l Lot Owners shall keep dogs reasonably clean and free of disease and all Lots shall be kept free of animal waste. E. Shouid any dog chase or molest deer, elk, poultry or any domestic animals or persons, or destroy or disturb property of another, the Association may prohibit the Lot Owner from conrinuing to keep the offending dog on such Owne/s Lot. If necessary, to protect wildlife or other Owners' domestic animals, persons orproperty, the Association may take additional steps, including the destruction of the offending dog. Except in an emergency or as provided by law, the Owner of an offending dog shall be provided written notice of such action at least five (5) days before disposal occurs. Such nodce shall be posted on the front door of the residence of the Owner of the offending dog. Within such five (5) day period, the offending dog may be kenneled at a licensed kennel with all costs incurred by the Association assessed against the Owner. F. The Association shall assess and enforce penahies against Owners violating the restrictions applying to dogs as follows: One Hundred Dollars ($100,00) for the first violation. The fine shall be increased by One Hundred Dollars ($100.00) for each succeeding violation. In addition, the Association may impose fees for dog registration or other dog control services, impose regulations regarding the keeping of dogs on any Lot, and lery fines against Owners who violate this Covenant or any of the regulations promulgated hereunder or subsequently by the Association. The schedule of fees and 6nes established shall be suficient to recover all of the costs of this animal control program on an annualized basis. 8.8 Drainage. No Lot Owner shall do or permit any worlq construct any Improvements, place any landscaping or suffer the existence of any condition whatsoever which shall alter or interfere with the drainage pattem for the Property, or cause any discharge onto any adjacent property, except to the extent such alteration and drainage pattern is approved in writing by the Association and any other affected properry owner. 8.9 ISTS Design and Performance Standards. Each ISTS installed within the Properry shall comply with the following requirements: 74 E E T I E I lt I I I T I E I I t T E T A. Each system shall be designed by a professional engineer registered in the State of Colorado pursuanr ro C.R.S. l2-25-l7l (1999); B. Each system design shall adequately address the soil percolation conditions present at rhe Lot site, which percolation rares shall be verified through appropriate on-site testing; C. (4) bedrooms; Each system shall be designed to adequately service at least four D. Each system design, through the incorporarion of recirculating trickling filter, sequencing batch reactors and,/or other accepted on-site wastewater treatment system technologies, shall be capable of producing effluent quality which meets or exceeds the requirements of the United States Environmental protecdon Agency for secondary wastewater treatrnent (30mg,/L BOD and 30 mgll suspended solids; E. The tops of all tanks or risers extending therefrom shall be surface accessible to facilitate system testing and maintenance; and F. all absorption fields shall e sized to adequately service four (4) bedrooms. Trench segmenrs with at least six (6) feet of separation shall be used whenever practically feasible. A minimum of three (3) similarly sized trench segments should be installed with altemating values or a distribution box that allows isolation of each segment. Monitoring pipes shall be installed at the far end of each trench segment to allow inspection of field condition. If a bed must be utilized, single dosed zones shall be acceptable. If mounding is required to establish four (4) feet of suitable soil, a single pressure dosed zone shall be acceprable. If a bed or mound is used, a minimum of two (2) monitoring pipes shall be installed at the far end of the bed or mound. Following ISTS insrallation, each Lot Owner shall provide the Association wirh as-built drawings depicting, in relation to the other improvements on rhe [ot, the location and dimensions of the ISTS facilities, including the absorption field and monitoring pipes, all applicable design, operation and maintenance specifications of the system's manufacrurer and written cenification from the designing engineer that the ISTS was installed in conformance with the requirements above stated and all applicable design specifications of the manufacturer. In the event the Association fails to properly implement and enforce the design and performance standards set fofth in this Article 8.9, the Board of County Commissioners forGarfield County, Colorado, and its duly authorized representatives and agents, shall have all the right to enter upon the Property and implement and 15 E n I t T T T ! T E E E f I I T I I enforce such standards at the expense of the Association or exercise any other right or power afforded under this Declaration or the Act, including, but not limited to, the initiation of appropriate proceedings in the District Coun for Garfield Counry, Colorado, to compel enforcement of the same. The provisions of this Article 8.9 shall not be amended or repealed by the Declarant, Association or Lot Owners without the written consent of the Board of County Commissioners for Garfield Counry, Colorado. A. In order to ensure that each ISTS installed within the Property is inspected on a regular basis and properly maintained, the responsibility and authority for such inspection and maintenance shall be vested exclusively within the Associadon. This management plan is not intended to provide for common ownership of the ISTS's or to provide common funding for the construction, repair and maintenance thereof, such ownership and responsibility for construction, repair and maintenance to remain with the Lot Owner. B. In accordance with the above, the Association shall: (1) retain at all dmes, the services of qualified personnel to inspect the ISTS's and to perform all maintenance and repairs necessary to ensure that same are installed properly, remain in good operating condition and comply with the performance requirements set forth within Article 8.9; (2) inspect the operating components of each ISTS within thirty (30) days ofbeing placed in operarion; thereafter, each ISTS shall be inspected at least quarterly; (3) test the BOD and TSs content of the effluentbeing discharged by each ISTS at least biannually; and (4) mainain at all times written or other permanent records documenting the date each ISTS was inspected or tested, the results of such inspections or tests and the extent of all maintenance andlor repairs performed' All documents maintained by the Association pursuant to this provision shall at all times be available for inspection by the Lot Owners andlor authorized representatives of the Garfield County Departrnent of Building and Planning. C. The following provisions shall apply in the event the estimated maintenance or repair costs required ofany ISTS exceed $1,000.00 in total during any one calendar year: 16 T I n I T f T T n E E I T 8.10 ISTS Management Plan. I I I I I t (1) the Association shall give the Lot Owner written norice of the nature and extent of the work necessary, to retum the ISTS to good operating condition andlor bring the ISTS System within the performance requirements set forth within Article 8.9; and (2) within thirry (30) days of receipt of such notice, Owner shall, at his or her own expense, cause to be completed, the repairs set forth wirhin the notice. In the event Owner fails to complete such repairs within this time period to the satisfaction of the Association, the Associadon shall have the authoriry, in addition to any other remedy provided within this Declaration or the Act, to take any of the following actions: $200.00 ror each a"y in *i,i(li *"'3r:t'Jff:iil'J*"#nffi fJ;;."' to exceed Lot; and,/or repairs ro rhe rsrs. a, .ol'] i,.,.,:,.o,::t':i: "iH:ffi :l".:ffi".tT; l;H'[: restoralion shall be reimbursed to the Association by the Owner of the Lot, upon demand. All unreimbursed costs shall be a lien upon the Lot until reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid assessment levied in accordance with Article 5 of this Declaration. D. In the event the Association fails to properly implement and enforce the provisions of this management plan set fonh in this Article 8.10, the Board of County Commissioners for Garfield Counry, Colorado, and its duly authorized representatives and agents, shail have all the right to enter upon the Property and implement and enforce such provisions at the expense of the Association or exercise any other right or power afforded under this Dedaration or the Act induding, but not limited to, *re initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the provisions of this management plan. E. The provisions of this Article 8.10 shall not be amended or repealed by the Declarant, Associadon or Lot Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado. 8.11 Sanitation. No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown, dumped or allowed to accumulate on the Property. There shall be no burning of refuse. Each Lot Owner shall provide suitable receptacles for the temporary storage and collection of refuse. All such receptacles shall be screened L7 t.l I T T I T I I (b) to discontinue domestic water service to Owner's E E t-l tl E E f t I I from the public view and protected from wind, animals and other disturbances. Each Lot shall be kept in a reasonably sanitary condition, free of offensive odors and protected from rodent and insect infestations. 8.12 Temporary Smrcrures. No temporary srnrcrures shall be permitted except as may be determined to be necessary during construcdon and specifically authorized by the Association. 8.13 Towers and Antennae. No towers or exterior radio, television and communications antennae shall be permired without the priorwrinen consent of the Association. Dish receivers in excess of eighteen inches (18") in diameter shall be screened from view, 8.14 Outside Burning. There shall be no exterior fires, except barbecues, outside fireplaces and braziers. No Lot Owner shall permit any condition upon such Lot Ownet's Lot which creates a fire hazard or is in violation of fire prevention regulations. 8.15 Noise. No exterior speakers, homs, whisdes, bells or other sound devices, except securiry devices, shall be placed or used on any portion of the Property. Lot Owners shall not permit any noise or disrurbance on their respective Lots which is offensive, disturbing or otherwise detrimental to any other person. 8.16 Odor. No odor shall be emitted from any Lot which is noxious or unreasonably offensive to others. 8.I7 Lightine. All flood lighting, security lighting or other kind of high intensiry lighting shall be directed downward and toward the interior of the Property and otherwise shielded to prevent glare on adjacent Lots or outside the Property. 8.18 Obstructions. There shall be no obstruction or interference with the free use of the roadway, water system or any easement, except as may be reasonably required for repairs. The Association shall promptly ake such action as may be necessary to abate or enjoin any interference with or obstruction of any easement. The Association shall have a right of entry on any part of the Properry for the purposes of enforcing this Section. Any costs incurred by the Association in connection with such enforcement shall be assessed to the persons responsible for the interference. 8.19 Service Facilities. All clothes lines, storage tanks, equipment, service yards, wood piles and similar service facilities shall be screened by adequate planting or fencing so as to conceal same from other Lots, adjoining properties, streets and roads. 1B ]t n T E t T I E n T E I T E T T T E 8.20 Maintenance of Landscaping. Each Lot Owner shall keep the landscaping situate on such Owner's Lot in a near and well maintained fashion, shall properly irrigate the lawns and other plandng on such Lot, and shall otherwise maintain the appearance of such Lot in a first class condition. 8.21 Continuiry of Construction. AII Improvements commenced on the Property shall be prosecuted diligently to complecion and shall be complete within twelve (12) months of commencement, unless an exception is granted in writing by the Association. 8.22 Huntinq and Firearms. Firearms shall not be discharged on the Property and no hunting shall be allowed. 8.23 Nuisances. No obnoxious or offensive activity shall be carried on within the Properry so as to unreasonably interfere with or disrurb the use, enjoyment and access of any other occupanr of the Property, nor shall anything be done, permitted or placed thereon which is or may become a nuisance or cause an unreasonable offense, embarrassment or disturbance or annoyance to others. 8.24 Comoliance With Laws. Subject to the righrs of reasonable contesr, each Lot Owner shall prompdy comply with the provisions of all applicable laws, regulations and ordinances with respect to the Property including, without limitation, all applicable environmental laws and regulations. 8.25 Undereroun d Utiliw Line . With respect to the new construction of any Improvements within Roaring Fork Preserve Subdivision or the extension of any utilities, all water, gas, electrical, telephone, and other udliry pipes or lines within the limits ofRoaring Fork Preserve Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any area of natural vegetation or terrain in Roaring Fork Preserve Subdivision disturbed by the burying of utility lines shall be revegetated within twelve (12) months of completion of any Improvement by and at the expense of the Lot Owner or Owners causing the installation of the utilities. 8.26 Dust Control. The Association shall be responsible for ongoing dust control of the private road in Roaring Fork Preserve Subdivision known as and those ponions of driveways located in the private access easements designated on the recorded Plat of Roaring Fork Preserve Subdivision. Individual Lot Owners shall be responsible for ongoing dust control of their private driveways. All roads and driveways within Roaring Fork Preserve Subdivision shall be monitored by the Association to insure minimal dust pollution. Roads and driveways shall be treated as necessarywith magnesium chloride orother dust suppressants approved by the Garfield County Environmental Health Depan- t9 I I I I T E T E ment. The Association shall have the right to treat private driveways and charge theowner, if the owner fails to fulfiII owner's responsibility for individual dust co-ntroi. 8.27 excavating, minerals, g Mini lin or drilling for any substances with ravel, sand, rock and earth, shall not . Mining, quarrying, tunneling, in the earth, including oil, gas, be permined within the limia of Roaring Fork Preserve subdivision except as allowed by this paragraph. Drilling for water by Roaring Fork Preserve subdivision, its successors and,zbr assigns, for domestic purposes is hereby expressly permitted within the limits of Roaring Fork Preserve Subdivision. B.2B Weed Control. The Association shall implement and follow a program of noxi ous weed control which may address the control and eliminadon of cinadlan Thisde and other plant species included on the Garfield county Noxious weed List. In general, the weed management plan should consist of the following components: A. Prevention and Control. The quick revegetation of disrurbed areas with weed free grass seed and the maintenance of native or introduced vegetation in a healthy, vigorous condition producing optimum vegetaEive densitieswill leave noxious weeds lirde opponuniry to establish. The uie of hay that is certified as weed free is also recommended. B. Inventory. Each Lot should be inspected to identify any infestations of noxious weeds. An accurate record should be kept of the application and success of weed infestation eradication effons. C. Eradication. Elimination of noxious weeds can be achieved through: (1) Mechanical Controls physically remove the entire weed plant or eliminate the plant's ability to produce seed. (2) Biological Controls rely on organisms (insecs or plant pathogens) to interfere with weed growth. (3) Chemical Controls use herbicides to eliminate weeds. special care must be used with herbicides to avoid damage to desirable plant species and to avoid contamination of ground water. An effective weed management program may involve all three methods of eradication as well as a long term commitrnent to prevention and control. Assistance in the development and implementation of a weed management program is available 20 I I I E E I through the Colorado State University Cooperative Extension Service and from the Garfield County Office of Vegetation Managemenr. Each Owner shall implement a weed management program within the area of their Lot. In the event a property owner fails to effecdvely control noxious weeds on their Lot, the Association shall have the right to enrer upon any Lot and conduct a weed control program within the area of such Lot. 8.29 Water Ouali Monitorins.Each well shall be constructed in accordance with the State of Colorado Water Well Construction rules and regula- tions. Water qualiry tesrs shall be performed based on applicable Colorado Department of Public Health and Environment and the Environmental Protection Agency standards for service level assigned to each well. As a minimum, the Association will select one well within the Subdivision that will be tested on a semi- annual basis for bacteria, nitrates, pesticides and herbicides. ARTICLE 9 MAINTENANCE 9.1 Association's Maintenance Resoonsibiliw. The Association shall maintain and keep the Common Elemens in good condition and repair, the cost of which shall be included as pan of the Common Expenses, subject to the Bylaws and Association Rules. If, due to the act or neglect of a Lot Owner or a Lot Ownet's invitee, guest or any other occupant of a Lot, damage shall be caused to the Common Elements or to a Lot owned by another, then such Lot Owner shall pay the costs of repair and maintenance as may be determined necessary or appropriate by the Association. Such obligation shall be an assessment against such Lot Owner secured by the lien provided for in Section 5.1 above. 9.2 Unit Owner's Maintenance Responsibiliry. Except as provided otherwise in the Declaration or by written agreement with the Association, all maintenance of individual Lots, including, without limitation, all Improvemens, individual sewage disposal systems (ISDS), utility systems and utility lines from the point of connection to the common system shall be the sole responsibility of the respective Lot Owners. Each Lot shall be maintained in a good, clean and attractive condition and repair consistent with the requirements of a first class residential development. In the event a Lot Owner should fail to keep any utility system (including any ISDS) in good repair, the Association, without limiting any other remedy available under this Declaration or applicable law, may enter upon said Lot for the purpose of inspecting such utility system and if the Lot Owner refuses to make necessary repairs, the Association may do so and the costs of such repairs shall be charged to the Lot Owner and collected pursuant to Article 5 of this Declaration. Not 2t I E T I E E E E E I I u T less than biennially, each Lot owner shall provide the Association evidence of an inspection and necessary pumping of such Lot Ownefs ISDS. ARTICLE 10 INSURANCE 10.1 ation's In ceR . The Associarion shall maintaino all insurance coverage required by the provisions of C.R.S. 38-33.3-101, er. seq., as the same may be amended from time to dme, together wirh such other insurance as the Executive Board of the Association shall deem advisable. lo.2 it Owner'Re onsibi . Each Lot Owner shall maintain all insurance coverage for such Owneis Lot as deemed appropriate by such Lot Owner. In addition, each Lot Owner shall be responsible for insuring all personal properry on the Lot, as well as general liabiliry insurance and any other insurance coverage deemed appropriate by such Lot Owner. ARTICLE 1I ENFORCEMENT OF COVENANTS 11.1 Violation Deemed a Nuisance. Every violation of this Declaration is deemed to be a nuisance and is subject to all rhe remedies provided for the abatement of the violation. In addirion, all public and private remedies allowed at law or equity against anyone in violation of these Covenants shall be available. L7.2 Compliance. Each Lor Owner and any other occupanr ofany part of the Property shall comply with the provisions of these Covenants as the same may be amended from time to time. Failure to comply with these Covenants shall be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. 11.3 Who May Enforce. Any action to enforce these Covenants may be brought by the Declarant or the Executive Board in the name of the Association on behalf of the Lot Owners. If, after a written request from an aggrieved lot Owner, neither of the foregoing entities commence an action to enforce these Covenants, then the aggrieved Lot Owner may bring such an action. 1 1.4 -ex lusive All the remedies set forrh herein aree cumulative and not exclusive. 1 1.5 Non-liabilitv. No member of the Execurive Board, the Declarant, the Association or any Lot Owner shall be liable ro any other Lot Owner for the failure to enforce these Covenants at any time. 22 T I t E E I n I lt ].t n 11.6 Recovery of Costs. If legal assistance is obtained ro enforce any provision of these Covenants, or in any legal proceeding (whether or not suit is brought) for damages or for rhe enforcement of these Covenants or the resEaint of violations of these Covenants, the prevailing parry shall be entided to recover all costs incurred, including reasonable attomey's fees. ARTICLE ],2 MISCELId,NEOUS PROVISIONS 12.1 Severabilir-y. This Declaration, ro rhe exrenr possible, shall be consmred or reformed to give validiry to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable shall not invalidate any other provision. 72.3 Headings. The headings are inciuded only for reference and shall nor affect the meaning or interpretation of this Declaration. 12.4 Nocice. All notices or requests required shall be in writing. Notice to any Lot Owner shall be considered delivered and effective upon personal delivery, or three (3) days after posting when sent by cenified mail, return receipt requested, to the address of the Lot Owner on file in the records of the Association at the time of the mailing. Notice to the Association or the Executive Board shall be considered delivered and effective upon personal delivery, or rhree (3) days after posring when sent by certified mail, return receipt requested, to the Association or the Executive Board at the address established by the Association from rime to time by notice to the Lot Owners. General notices to all Lot Owners need not be certified, but may be sent by regular first class mail. 1,2.5 Waiver. No failure by the Association or the Executive Board to give notice of default or any delay in exercising any right or remedy shall operate as a waiver, except as specifically provided above. No waiver shall be effective unless it is in writing signed by the President or Vice President of the Executive Board on behalf of the Association. 12.6 Amendments. Except as otherwise provided by the Act (including amendments by the Declarant and the Association which are expressly permined by the Act), this Declaration shall not be amended unless at least (i) sixty-seven percent (670/o) of the Lot Owners and (ii) fifty-one percent (510/0) of the First Mortgagees (based on one vote for each First Mongage held) have given their prior written ,'1, E E I I I I t-l E lt T T t 12.2 Construction. In interprecing words in the Declaration, unless the context shall otherwise provide or require, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. t-l approval. Nonuithstanding the foregoing, and except to the extent expressly permitted or required by the Act, no amendment may (i) create or increase special Declarant rights, (ii) increase the number of'Lors, (iii) change the boundaries ofany Lot, (iv) change the allocated inrerests of a Lot, or (v) change rhe uses to which any Lot is restricted in the absence of unanimous consent of the Lot Olvners. Unless a First Mongagee provides the Secretary of the Association with wrinen nocice of irs objection to a proposed amendmenr within thirry (30) days following the First Mortgagee's receipt of notice of such proposed amendment, the First Mortgagee will be deemed conclusively to have approved the proposed amendment. The term "Mortgage" shall include a Deed of Trust and the term "Mortgagee" shall include a beneficiary under a Deed of Trust. L2.7 Term. This Declaration and any amendments or supplemenu hereto shall remain in effect from the date of recordation until December 31, 20_. Thereafter, these Covenants shall be automatically extended for five (5) successive periods often (10) years each, unless otherwise terminated or modified as provided herein or by the Act. IN WITNESS WHEREOF, the Declarant has execured this Declaration this day of 200_. ROARING FORK PRXSERVE, LLC, a Colorado lirnited liabiliry company By: STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this day of 2OOJ as ) ) ) V25l0l-C:\Cor.l\Rb.doc-Jvqrchjvc\rfp cov.na i.wtd 24 Notary Public T t-l I u E u E T t of Roaring Fork Presewe, LLC, a Colorado limited liability company. WIINESS my hand and official seal. My commission expires: I n E t T T ]t I E I REVISED PRELIMINARY PLANS I T t t I T I T I I I I T I I t T I I I I I ! I I I I I I I PBELIMINAAY PLAN DOCUMENTS FOFI THER@ARENlfGr BOEBB< PEBESESR\ZEI SITUATED TN SECTTO/VS 35 & 36,TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. GARFIELD COUNTY, COLORADO j': VICINTI*Y MAP SHEET ]NDEX SHCET NUUEEE IIILE \., \\ \: fl COIJNTY ROAD IOO PRO.'ECT LAYOUT and ROAD PLAN/PRoFILE 5. -- MASTEB UTILITY PLAN MISCELLANEOUS DETAIL SHEET COVER SHEET PLATPLAT 3 GRADING. DRAINAOE. EROSION CONTROL S I -ENGINEER. EICX CLUNTRY ENGINEERING. INC. CONSULTINC ENCINEERS AND SURVEYORS923 COOPER AVENUE CLENWOOD SPEINGC ^' PLANNEFl: u 1 OWNEFt: ROARING FORK PRESERVE. LLC c/o DAVE MCMORRIS. P.0. BOX 1360 BASAIT. CO 81821t.le: (97O) 92?-8838trx: (070) oz7-BBB2 I I ',,]':-). I\ ri!\,r r,, ..1,. ..\.'.r] ,.i \ --',? LANN ^- .= I _\rI 3I') ! \) ; I I I -. .--. -. .I-,/^ 'I . '>--\- - I I I I T I I I T I t n rl, :l tI Il T-Il- I ROARING FORK PRESERVE A PARCEL oF LAND $J8$[FV IN SECTIONS 35 AND 36, T.?S., R.BBI/T, OF GARFIELD, STATE OP COLORADO SHEET 1OF 2 OF THE 6TH P,M ffiEBflA.r ir. .r.* ^ !-r d {tc(,o r'r. 3.r'tt'r rrrt 6r r) .<sr ^!8 s^io r,@r- ( ) *' tro cerY 4'or c(6roo { (,:, '{ rro'.to orrrrr'd. sr^cr r ht (i) e rill s€ 4!tro td {.rror droE 6 rs ('^tut') 5{r i ,.E,rtro * 68 ...., r. ,a @i"i^sr cri. - tui*a' loi ia, ^rii \,]<:II{TY MAP i4,& * it (,ol -jor ao ro. (rrs*o). orr-{r..e!rE:-!tr!EA! .r'3r'rc ro,rc - vr^o - 'iqs.D ro('s - ^A/m ! CONSULNNC ENCINEERS AIID SURVEYORS 023 cooPER AvEltuEctlllooD sPRlNcs. colon Do 01601 (970) 0!5' 0670 PRELIMINARY PLAT , H]GH COUNTRY ENGINEERING, INC, i.\ 'rJ ; -c =-c =-t ;: , -.c:cr j l ]- aa i-l-,zjL -) PREI,IMINARY PLAT ROARI}TG FORK PRESERVE A PARCEL OF I,AND SITU.ATEI) COUNTY IN SECTIONS 35 AND OF G.ARFIELD, STATE SHEET 2 OF 2 36 T.75,, R.8B'IV, OF THE 6TH P,M COLORADO R^!CN O io^nrc 'aF<r(NEOdIRS ^sSOa:r --1 C^R3C\O^!a :. l.,i: J I (. \,: l' 6-ar{ CRAPIiIC SCALC 6t0ecE i. XLLIY & .^ftar ANtrsro!. 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