HomeMy WebLinkAboutGrading SpecsTRAIL EASEMENT AGREEMENT
This Trail Easement Agreement (also referred to as Agreement"or
"Agreernent") is made and entered into this L day of Y\ørch and between the
Town of New Castle, Colorado, a home rule municipality whose address is 450 W. Main Street,
P.O. Box 90, New Castle, CO 81647 (the'uTown") and Buming Mountain Land & Cattle, LLC,
a Colorado limited liability company whose address is 5175 County Road 335, #402, New Castle,
CO 81647 ("Landowner") (collectively the "Parties").
WITNESSETH:
WHEREAS, Landowner is the owner of certain real property in unincorporated Garfield
County, Colorado described as Garfield County Assessor's Parcel Nos, 212536200060,
21233L200017, and 218104100001 and further described on Exhibit A hereto (collectively the
"Landowner Property"); and
WHEREAS, the Town is supporting the use and development of a mountain bike trail
system in and around New Castle, which would cross both public and private lands including the
Landowner Property as generally depicted on Exhibit B hereto; and
WHEREAS, Landowner supports the establishrnent and maintenance of the trails, subject
to its plans for future development of the Landowner Property; and
WHEREAS, C.R.S. $ 33-41-101, et seq. provides certain liability protections for
landowners who grant easements to public entities for trail and recreational purposes, and the
parties hereto desire to enter into this Agreement to take advantage of such protections and to
provide for trail easements through the Landowner Property as set forth below.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Town and Landowner agree as follows:
1. Recitals. The foregoing recitals are incorporated herein as affirmative and material
representations and acknowledgments of the Parties hereto.
2. Grant of Easement. Landowner hereby grants to the Town an easernent over and
across the Landowner Property in the trail locations shown on Exhibit B hereto (the "Trail"), for
the purpose of construction, use, improvement, maintenance, repair and replacement of mountain
biking and hiking trails for recreational purposes as defined in C.R.S. $$ 33-41-102 and 103. The
widtlr of the easement shall extend 7.5 feet on each side of the centerline (the "Easement") for each
trail for the following purposes: to use the Easement during the construction, use, operation,
maintenance, repair and replacement of a bicycle and pedestrian trail, to make the Trail available
for use by the general public for bicycle and pedestrian use, the installation of signs identi$ing
the trail, location, use rules and otherwise relating to the use and protection of the Easement as is
deemed appropriate at the Town's sole judgment and discretion and to generally manage the
Easement for public recreational use purposes (the "Use Rights"), and for no other uses. The Use
Rights shall be strictly lirnited to and contained wholly within the Easement. In particular, the
T
qPubllc.net - Gârfleld County, CO - Property Hecord Card: R01g181 4117123,2:53 PM
Transfers
Sale Date
t2/3t/2020
3/28/2017
3/28/2017
3/28/2077
4/t/2009
t2/s/2006
3/3U7993
t0/uL992
3/30/t982
t/3/1980
6/4/1964
DeedType
STATEMENTOFAUTHORITY
QUITCLAIM DEED
SPECIALWARRANTY DEED
STATEMENTOFAUTHORITY
PUBLICTRUSTEES DEED
CERTIFICATE
LETTERS
QUITCLAIM DEED
DEED OF DISTR¡BUTION
RELEASE OF INHERITANCE TA
QUITCLAIM DEED
Rcception Numbrr
947907
890ó3ó
92&,9å
890ó34
766272
714763
455ó98
440r2A
32616r
301037
226278
S¡le Prico
$o
$o
$300,000
$o
$3s0,000
$o
$o
$o
$o
$o
$o
C)ãçl'g'si,qçr
Book ' P¡g¡
7881.-625
0883-076ó
0844-0347
0595-0914
o542-O572
0359-033ó
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Town shall not use the Trail or the Easement, and shall not pennit others to use the Trail or the
Easement, for purposes of access to any property adjacent to the Easement, whether such adjacent
land is owned by Landowner or any other private party, without the prior express agreement of the
Landowner or other private party.Notwithstanding any other provision of this Agreernent, the
Town shall have the right to use other porfions of the Property outside the Easement as reasonably
necessary for the maintenance, upkeep and re¡rair of the Trail, which use shall be subject to all
other tenns and conditions of this Agreement. The Use Rights specifically do not include the use
or parking of any motorized or other vehicles, and the Town agrees that all parking related to the
Use Rights shall be contained on Re-2 School District or Town-owned property adjacent to or near
the Landowner Property. The Use Rights specifically do not include the use of motorized or
electric bicycles, scooters, or the like (appropriate ADA scooters or mobility devices excluded).
Notwithstanding the foregoing, the Town rnay use motorized vehieles on a reasonable basis in the
construction and maintenance and repair of the Trail, and in reasonable circumstances for
emergency access. Landowner shall have the right to cross the Trail with rnotorized vehicles and
equiprnent necessary for its retained use of the Landowner Property.
3. Town Management ancl Use Restrictions. The Town shall be responsible for
lnanagement of the trails including but not limited to determining opening and closure ofthe trails,
signage, and all otherpurposes as contemplatedby C.R.S. $ 33-41-103. Dogs are only allowed on
the Trails if on-leash and under the direct control of its handler. Dogs shall be managed in a
lnanner that ensures they will not annoy or harass wildlife ar livestock on Landowner's Property.
There shall be no bicycle usage allowed during times of snowmelt or when there has been
significant precipitation. There shall be no use of motorized or electric bicycles, scooters, or the
like (appropriate ADA scooters or mobility devices excluded). The Town shall be obligated and
solely responsible for adequate and continuous control of erosion, dust, mud, gravel, litter and
other debris generated fi'om or associated with the exercise of the Use Rights; provided, however,
the Town's duties apply only to maintenance of the trail itself and not to the Landowner Property
generally. The Town will rnaintain the Easement and surrounding areas free from accumulation
ofwaste materials, rubbish, litter and trash caused by or arising frorn any exercise ofthe Use Rights
or other activities associated with the Use Rights and shall inspect the Landowner's Property and
clean up litter at least weekly. The Town may delegate all or a portion its management
responsibilities to another goverlunental entity or nonprofit group in the Town's discretion. The
Town shall have the right to authorize, limit, or prohibit use of the kails by members of the public
as "invited guests" as that term is defined in C.R.S. $ 33-41-103(2XeXI).
4. Reserved Rights. Landowner expressly reseryes the right to use and develop the
Landowner Property for whatever uses Landowner deems appropriate, subject to Section 7 below,
including but not limited to use of the Landowner Property for cattle and hunting operations and
cell phone tower facilities and similar uses, provicled that such uses do not unreasonably interfere
with the pu{poses of the easement granted herein. The Town specifically agrees and aclorowledges
that Landowner will use the Landowner Property for cattle and hunting operations that will require
the intermittent closure of the trail systern. The Town further agrees that cell phone tower repeater
facilities will not urneasonably interfere with the purposes of this easement so long as such
facilities do not physically obstruct the trails in a manner that would be impractical to address due
to topography under the provisions of Section 7, below. The Town also agrees and acknowledges
that the Landowner intends to develop that portion of the Landowner Property located between the
2
Roseman (sometimes referred to as the Tompkins Ditch) Ditch and Highway 6 &, 24 for
couunercial ancllor residential uses and that the Town will cooperate with Landowner with respect
to any modifications of this Agreernent as may be reasonably necessary to accomrnodate such
development if approved by the applicable governmental agencies with land use authority.
5. No Charee for Use of Trail. Landowner shall not be entitled to charge any fee or
other form of "chârge" to the general public for use of the trail as such term is defined in C.R.S. $
33-4t-102.
6. Installation of Fencing and Gates. The Town, at the Town's expense and in
coordination with Landowner, shall install cattle guards, fencing and gates as needed to control
cattle and to keep Landowner's cattle operations separated from the Town's trail activities. The
Town shall ensure separation of said cattle operations and ensure there is no interference with
Landowncr's cattlc operations. The Town shall install lockable gates, at its expense, at the
trailheads for the trail system in such a lnanner to secure the Landowner Property for Landolryner's
sole use for Landowner's cattle or hunting operations. Landowner shall be provided keys,
combinations, or other information to allow Landowner access to Landowner's Property at all
times. Landowner shall have the right to notiff the Town of a need to close the Landowner
Property for cattle or hunting operations, and the Town shall cooperate with Landowner in that
regard to effectuate such elosures as necessary.
7. Trail Alignment. Either Landowner or the Town shall have the right, but no
obligation, to survey the precise alignrnent of any of the trails over the Landowner Property and to
record a supplement to this Easement Agreement to more precisely define the easement area;
provided, however, the party obtaining the survey shall provide the other party with at least 60
days to review and apptove the survey and supplemental documentation, which approval shall not
be unreasonably withheld and shall be deemed provided if the other party fails to respond within
said 60 day period.
8. Additional Trail Development. In the event Landowner enters into an agreement
with another trails organization (such as the LoVa Trail organization), the Town shall cooperate
with Landowner and any such organization to consolidate any new trails with the existing trail
system constructed by the Town as those trails traverse Landowner's Property or run parallel to
Colorado State Highway 6. Landowner's Properly shall not be burdened by more than one trail
wltet'e consolirla{.iun is possible. The Town âg{ees not to oppose trail efforts by other trail groups,
specifically those brought by the LoVa trail organization.
9. Future Landowner Development. In the event of future development or subdivision
of any of the Landowner Property subject to the trail easement, Landowner shall have the right, at
its expense, to relocate and reconstruct portions of the trails in order to accommodate the
development or subdivision, the details of which shall be subject to the review and approval by
Garfield County or other local authority with jurisdiction. Nothing herein shall prevent the Town
frorn providing comments on any such land use application as a referral agency or, if applicable,
enforcing the Town's watershed protection regulations. In such event, the parties shall negotiate
in good faith and recorcl an appropriate amendment to this Agreement to retlect the new location.
In the event the Landowner relocates any portion of the trail, the Town shall cooperate with closure
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of any abandoned or reìocated trail section but shall have no obligation to revegetate or reclairn
any such areas. In the event the Town relocates any portion of the trail, the Town shall revegetate
or reclaim any such abandoned or relocated trail section and return it to its original condition.
10. Limitation of Liability. It is the intent of the parties that Landowner shall be
afforded all protections and liability lirnitations as set forth in C.R.S. g 33-41-101, et seq. with
respect to the easements granted hereby. Nothing herein shall be deemed a waiver of the Town's
sovereign irununity, nor shall this Agreernent create any contractual indernnity rights for any party
hereto. This lirnitation of liability shall specifically extend to Larrdowner's ongoing use of
Landowner's Property including uses for cattle and hunting operations; provided, however, in the
event of any conflict between the provisions of the statute cited above and this Agreeinent,
whichever provides the greater liability protection to Landowner without invalidating the statutory
protections shall control.
I 1. Insurance. At all times that this Trail Easement Agreement is in effect, Town shall
carry or shall cause Town Permittees (except for members of the general public) to carry and
maintain in full force and effect, at its sole cost and expense, the following insurance coverages
and policies maintained in accordance with the following tenns and otherwise on terms and with
insurance companies satisfactory to Landowner. Town will provide Landowner with a copy of any
insurance carrier's notice of cancellation or notice of changes to policy conditions immediately
upon receipt. Landowner and its designees shall be named as additional insureds as their respective
interests may appear on the policies listed below. Policies shall provide that those coverages are
prirnary without any right of contribution frorn any liability coverage rnaintained by Landowner
(and Town hereby agrees that such coverages will thus be primary), and shall also provide that the
insurance protection afforded Landowner will not be irnpaired or limited by any negligence or
misconduct of Town or any other party.
(a) Commercial general liability insurance in an occurrence format with a
single occurrence limit of not less than $2,000,000, with an aggregate annual limit of not
less than and including, without limitation, the following coverages: confractual liability
(specifically encompassing Town's indemnity and other obligations under this Easement
Agreement), personal iryury, broad fonn property darnage, independent contractors and
premises operations.
(b) Automobile liability insurance on all vehicles used by, through or under
auy Town pennittees in connection with the Trail Easement, in an amount of $1,000,000
combined single limit per occurence of bodily injury and prnperty damage, and with an
aggregate annual lirnit of not less than $1,000,000.
(c) Workers' compensation insurance in accordance with the provisions of the
Wor*ers'Compensation Act of Coloraclo, C.R.S. 8-40-101 et seq., for all employees of
Town permittees accessing the Easement or otherwise engaged in connection with the
Trail Easement. To the extent any of the Town's pennittees are sole proprietors, Town
shall cause those sole proprietors to maintain such coverage even though they rnay
otherwise be exempted by law.
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The Town agrees to provide Landowner with certificates of insurance evidencing the foregoing
coverages upon the execution of this Trail Easement Agreement (with those certificates to
expressly set forth the status of Landowner as an additional insured, as required above).
lZ. Mechanics' Liens. The Town shall not permit or suffer any mechanics' or other
liens to attach to thc Landowncr's Propcrty or any portion thereof or intcrcst thercin by reason of
any exercise of the Use Rights or any other conduct on or in relation to the Landowner's Property
arising by, through or under Town or any Town permittees. In the event a claim for any such lien
is recorded against the Landowner's Property, or any portion thereof or interest therein, Town at
its sole expense shall obtain the removal of such claim and its release of record within thirty (30)
days after it is initially recorded. If such release if not tirnely secured, then at any tirne thereafter
Landowner, at its election ancl without obligation to do so, may secure the release of the lien claim
by any means available, including bonding, settlement or otherwise, in which case Town shall,
within ten (10) days after demand tìorn time to time, reimburse Landowner tbr Landowner's costs
and expenses incurred in securing the lien release, including all settlement amounts and attomeys'
fees.
13. Tenn and Termination. This Trail Easernent Agreement shall be for a tenn of ten
(10) years frorn the date of execution hereof and shall automatically renew for three (3) additional
ten (10) vear periods unless Landowner provides notice of termination, in Landowner's sole and
absolute discretion, at least ninety (90) days prior to the end of the then current tenn.
14. Default. If either party fails to perfonn in accordance with the terms, covenants and
conditions of this Trail Easernent Agreement or is otherwise in breach or default of any of the
terms, covenants and conditions of this Agreement (in any case a "default"), then the non-
defaulting party shall give notice of the default to the other party and the that party shall have ten
(10) days thereafter in which to cure such default. Notwithstanding the provisions of the
immediately preceding sentence, if a default cannot be cured within 10 days by the use of
reasonable diligence, then period for cure shall be extended to thirty (30) days provided that the
party in default coilrnences to cure within 10 days after notice and diligently prosecutes such cure
to cornpletion. Notwithstanding any other provision of this Section 13, no cure period shall be
allowed for the following matters: any breach of the Town's insurance obligations under paragraph
9 above; any failure to secure a tirnely release of a lien under paragraph 10 below; ûr any default
that is not reasonably susceptible of cure. If a default is not cured within the applicable cure period,
if any, then the non-defaulting party, at its election and without obligation to do so, may take such
action and expend such sums as the non-defaulting party in its oldinary business judgment rnay
deem necessary or appropriate to cure the subject default, in whole or in part, or to protect the
interests of the non-defaulting party. All surns, including attomeys' fees, incurred by the non-
defaulting parly in connection with the consideration or exercise of this remedy shall be due and
payable from the party in default within ten (10) days after demand from time to time. Any default
by a party that is not cured within any applicable cure period established above may be enforced
by any or all of the foregoing remedies, and any other remedies available at law or equity or by
statute, and all such rights and remedies shall be curnulative with and non-exclusive of one anothern
and may be exercised concumently or successively as the non-defaulting party may elect. No
exercise of any one remedy shall constitute or be construed as an election to the bar of any other
remedy. In connection with any exercise or pursuit of its remedies under this Trail Easement
5
Agreement, whether or not legal proceedings are actually commenced, the non-defaulting party
shall be entitled to recover from the other party any and all attomeys' fees and court costs that the
non-defaulting party may incur in connection therewith. Any darnages or sums owing under this
paragraph of the Trail Easement Agreement shall bear interest until paid at an annual rate of l8%,
which interest shall becorne part of the amount owing.
15. Binding Effect. The terms of this Agreement shall be deerned an easement running
with title to the Landowner Property and shall be binding upon the successors and assigns of the
parties hereto during the tenn hereof.
16. Cornpliance with Laws: Subject to Matters of Record. The parties shall cornply
with all laws and legal requirements in exercising any right granted, or taking any action allowed
or required by this Agreement. This Agreement is subject to all matters of record in the real
property records of Garfield County, Colorado, relating to the property encumbercd by the
easement granted above.
17. Governing Law. This Agreement shall be governed by, and construed and
interpreted in accordance with, the intemal laws of the State of Colorado without regard to conflicts
of laws principles.
18. Notices. All notices required or permitted by this Agreement shall be in writing
and shall be effective and deemed received at the earliest of (a) when actually delivered and
received, personally, by mail, by messenger services, or by fax delivery, or (b) 72 hours after being
postrnarked in the United States mail, certified, retum receipt requested, or (c) on the next business
day after deposit for delivery by a nationally recognized overnight courier service such as Federal
Express, or (d) on the date sent by email, provided that a delivery receipt for the email (which
receipt may be automated), showing the date the ernail was sent, is given to the sender. All such
notices shall be fumished with delivery or postage charges prepaid and addressed to the respective
parties as follows:
To the Town Town Administrator
Town ofNew Castle
P.O. Box 90
New Castle,CO 81647
With a copy to David H. McConaughy, Esq.
Garfield & Heclrt, P.C.
901 Grand Avenue, Suite 201
Glenwood Springs, CO 8i601
dmcconau ghy@ garfi eldhecht. corn
Russell Talbott
Buming Mountain Land & Cattle, LLC
5175 County Road 335,#402
New Castle,CO 81647
6
To Landowner:
With a copy to:Edward B. Olszewski, Esq.
Olszewski, Massih & Maurer, P.C.
P.O. Box 916
Glenwood Springs, CO 81602
ed@omrnpc.com
19, Counterparts. This Agreement may be executed in counterparts, each of which
shall for all purposes be deemed an original and all of which together shall constitute one and the
satne agreement. Any such counterpart may be transmitted by telecopy or electronic mail (in PDF
fonnat), and any such counterpart so transmitted shall have fi.¡ll force and efFect as if it were an
original.
20. Entire Agreement. This Agreement (including the attached Exhibits) constitutes
the whole agreement among the Parties and supersedes any prior term sheets, understandings,
agreements or affangements among the Parties relating to the subject matter hereof, and no
additional or different oral representation, promise or agreernent shall be binding on any of the
parties with respect to the subject matter of this Agreement.
21. No Waiver. No waiver of any provision of this Agreement will be deemed or
constitute a waiver of any other provisions, nor will it be deemed or constitute a continuing waiver
unless expressly provided by written amendment to this Agreement signed by the parties hereto.
Either party's failure to exercise any right under this Agreernent shall not constitute the approval
of any wrongful act by the other party.
22. Attomey's Fees. In the event any action is filed or maintained by any party in
relationship to this Agreement, the prevailing party shall be awarded any and all of its costs,
expenses and reasonable attorneys' fees.
23. Captions. Tlie captions contained in the Agreement are for convenience only and
shall not affect the construction or interpretation of any provisions of this Agreement.
24. Severâbility. In the event any provision of this Agreement is held to be illegal,
invalid or unenforceable under any present or future laws, the legality, validity and enforceability
of the remaining provisions in this Easement Agreement shall not be affected thereby, and in lieu
of the affected provision there shall be deerned added to this Agreement a substitute provision that
is legal, valid and enforceable and that is as similar as possible in content to the affected provision.
It is generally intended by the Parties that this Easement Agreement and its separate provisions be
enforceable to the fullest extent permitted by law.
25. Governmental Immunit]¡. Nothing in this Agreement is intended to be, and shall
not be construed as, a waiver of the limitations on damages or any of the privileges, immunities,
or defenses provided to, or enjoyed by, either Party, or their respective directors, officers,
etnployees, volunteers, or agents, under common law or pursuant to statute, including but not
limited to the Colorado Goverrunental hnmunity Act, C.R.S. $ 24-10-101 , et seq.
7
26. Non-Appropriation. All direct and indirect financial obligations of the Town under
this Agreement are subject to appropriation, budgeting, and availability of funds to discharge such
obligations. If the Town's governing body fails to appropriate funds for the Town's obligations
under this Agreement, this Agreement shall tenninate on January I of the year for which the non-
appropriation occurred, and neithçr Party shall have any further obligation to the other party under
this Agreement beyond the financial obligations for which it previously appropriated ñlnds.
This Trail Easement Agreement is executed by the parties hereto as of the date first above
written.
TOWN NEW CASTLE, COLORADO
Attest:
C
LANDOWNER
-*gVRussell Managing Member,
Burning Mountain Land & Cattle, LLC
STATE OF COLROADO
COTINTY OF GARFIELD
âo7yThe foregoing instrument was acknowledged before me this ]_ duy of MørC{n,
"z'g*, by Russell Talbott, Managing Member on behalf of Burning Mountain Land &
Cattle, LLC.
Witness my
LIELON
By
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Exhibit A
(Property Description)
9
Parcel
ProperÇ
Address
Legal
Description
Acres
Parcel
Property Address
Legal Description
Acres
section: 3ó Township: 5 Range: 9t Nu2, sw N1/2sE(74.94Ac) swsE(27.ó5Ac) N oF ó&24; EXCEpT ATRACTOF LAND CONTAINING 1.472 AC. +/., sAID TRACT BEING MoRE PARTICULARLY DESCRIBED INBLA AFFIDAVIT REC, #8989ó3, BLA MAP REC. #8989ó4, ANÐ SPECIAL WARRANTY DE581.OI7
"Exhibit A"
(Property Description)
2725362A0A60
39399 6HWY, NEWCASTLE, CO 8T647
212337200017
, NEWCASTTE,CO e7647
Section: 31 ïownship: 5 Range: 90 TR lN THE SWNW & THE NWSW
23.6?9
27233t200006
, NEWCASTLE,CO 8!647
SCCtION: 31 TOWNShiP: 5 RANgCI 90 THAT PORTION OF THE NWNW LYING SOUTH AND WEST OF THECENTERLINE OF ELK CREËK, SAID TRACT oF LAND CONTAINING 10.9é Ac. +/. AND BEING MoREPARTICULARLY DESCRIBED PER WARRANTY DEED RECEPTION NUMBER 898966.
74.96
21253640A007
, NEWCASTLE,CO 81.647
Section:3ó Township; 5 Range:91THAT pr oF swsE LyING s&E oF u.s. ó6{24 R.o.w.&NWLy oFDRGW R.R. R.O.W.4,59 ACRES
4.59
218104100001
, NEWCASTLE,CO 87647
Section:4 Township: ó Range: 91 TR OF LAND tN tOT 1 LYING NW OF U,S. ó&24
9,53
21252740003L
, NEWCASTLE,CO 8t647
Parcel
Properþ
Address
Legal
Ðescription
Acres
Parcel
Property
Address
Legal
Description
Acres
Parcel
Property Address
Legal Description
Acres
Parcel
Property
Address
Legal
Desciption
Acres
Parcel 2L252B4OOO32
PropertyAddress,SILT, CO 81652
Legal Description Section: 28 Township: 5 Range: gt EI/2Acres 32O
section:27 Township: 5 Range: 9ts9c26. sw, s1/2sE. slc27.su2NEwL/zsE. sEc 34 N1/2NE. sEc35. N1/2, N1/258. 1280 ACRES
1280
"?.re- \
Exhibit B
(Trail Map)
10
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Burning Mountain Trails System
New Gastle, Golorado
Sustainable Natural Surface Trails - Erosion And Sediment Control Narrative
Land Manager (via Trail System Easement Agreement): Town Of New Castle (ToNC) - Dave Reynolds,
Town Administrator, 97 0-984-2311 .
Land Owner: Burning Mountain Land & Cattle Company - RussellTalbott, 970-989-5278
Project Manager for ToNC : Roaring Fork Mountain Bike Association (RFMBA) - Mike Pritchard, RFMBA
Executive Director, 970-948-3486. New Castle Trails - Adam Cornely, NCT Chairman, 402-250-1727.
Trail Contractor: Team Harmony Worldwide - Dante Harmony, Owner, 520-906-5363.
l. Project Description: Gonstruct Phase I Burning Mountain Trails System on Burning Mountain Land
& Cattle Company land, with a short segment of one trail on Garfield County School District RE-2 (Elk
Creek Elementary) land.
a
a
a
North Cf imb Trail: 17 ,424 linear feet. (3.3 miles, 1,152' of elevation change, 6% average gradient.)
Shared-use (foot, bike), intermediate-friendly trail, optimized for climbing on a bike, open to two-way
travel, beginning at the trailhead. Climbs north side of the mountain to connect to the Ridge Trail.
This trailwill be built by a professionaltrail builder utilizing a mini-excavator machine.
Ridge Trail: 8,976 linear feet. (1.7 miles, 428' of elevation change, 6% average gradient.) Shared-
use (foot, bike), intermediate-friendly trail, optimized for climbing on a bike, open to two-way travel,
connecting the North Climb Trail to the South Descent Trail. The trail climbs and descends twice
while connecting the Lower Ridge Summit and then passing by the north side of the Mid Ridge
Summit. This trail will be built by a professional trail builder utilizing a mini-excavator machine.
South Descent Trail: 15,312linear feet. (2.9 miles, 1,412' elevation change, 7o/o âverueê gradient)
Descending-optimized, mountain bike-focused trail beginning at the west end the Ridge Trail, and
connecting down to the South Return Trail. This trail will be mostly hand built by professional trail
builders.
South Return Trail 5,280 linear feet. (1.0 mile, 84' elevation change, 1o/o avêrage gradient)
Shared-use (foot, bike), beginner and intermediate-friendly trail, open to two-way travel, beginning at
the trailhead, serves as a final trail segment for bike riders completing a full loop that includes the
a
Burning Mountain Trails System - Erosion and Sediment Control Narrative Page I
above trails. This trail will be mostly hand built by local volunteers coordinated by New Castle Trails
and Roaring Fork Mountain BikeAssociation.
Sustainable naturalsurface trail systems are designed to be low impact and low maintenance. Since
erosion is the main cause for trail maintenance work, trail design and construction techniques have been
developed specifically for the prevention of erosion.
The trail surface is compacted soil and the trail surface width varies from 1.5'to 4' but is typically 2.5'to 3'
2. The following Sustainable Trail design criteria have been specifically developed as a strategy to
control erosion. (Not all conditions and recommendations are applicable to this particular project):
a. Trails are located so that they are nearly parallel to the grade, following, rather than crossing, the contour
lines (Figure 1.1). The cross section of disturbance measured along fall line will typically be less than 10'.
b. Grade reversals (Figure 1.2 ) are provided at least every 100'-150' This rolling contour design breaks the
trail into micro watersheds and ensures that existing flow and flow channels are uninterrupted by the trail
making it hydrologically invisible on the hillside. lt also prevents storm runoff from concentrating itself and
flowing on the surface of the trail for any distance.
c. The average grade of the trail is generally 6% and varies between 1o/o and 10%. The maximum grade
generally does not exceed 20%, but may exceed 20o/o in circumstances such as grade reversals and
switchback turn approaches.
d. Trail tread (Figure 1.3) is generally designed with a 5% minimum out-slope to encourage sheet flow. ln
some instances, the trail is in-sloped for short distances (Figure 1.4) to reduce sheer forces and to prevent
soil displacement.
e. A minimum 25' buffer of existing vegetation is maintained as a filter strip between the limits of trail
construction disturbance and water features.
f. Trail alignments are graded so that water will remain in drainage swales (Figure 1.5)
3. The following Sustainable Trail construction practices are used to control erosion:
a. The trail construction process is completed by a team working in close proximity to each other. The
distance from the crew clearing vegetation from the trail corridor, back to the finish workers, is rarely more
Burning Mountain Trails System - Erosion and Sediment Gontrol Narrative Page 2
than 1,000'. The team prunes the woody vegetation by hand and may install wattles if high flow drainages
exist; next, the team uses hand tools or small machines to construct the trail tread and back-slope; lastly,
the team disperses the spoils, tracks loose soil, and compacts the tread and back-slope.
b. Disturbance is phased so that only small sections are under construction at any time. Soil is typically only
moved a few feet from its point of origin to the down-slope portion of the trail where it is integrated into the
vegetative filter.
c. Back-slope stabilization: The area of the hillside just above the trail is the backslope (Figures 1.6 & 1.7).
The height of the backslope is a direct function of the local terrain. The backslope is typically 1'-2' high
although it can be higher in certain situations. lt will be graded to a maximum 2:1 slope whenever the
existing slope is 2:1 or less. A combination of compacting, tracking, and furrowing is used to prevent
slumping and riling and create seed-friendly pockets to facilitate re-vegetation. Jute mesh may be used to
stabilize back-slopes steeper lhan 2:1.
d. Spoils stabilization: The organic and mineral spoils from the excavation are typically broadcast in a thin
layer down-slope of the trail avoiding drainages or swales. By scattering the spoils the existing vegetation is
not smothered and quickly grows back up through the spoils. By mixing the native topsoil over the existing
vegetation, the native seed bank is preserved and provides the seed stock for stabilization by local
vegetation.
e. Trailtread: the finished trailtread is a compacted natural soil surface that, due to the minimal grades and
distance between swales allowed with a rolling contour design, is extremely erosion resistant. The trail is
typically bench cut where the soil is excavated from the hillside providing a fill compacted by the machinery
used to construct the trail. The outer edge is rolled at the critical point to allow water to sheet flow off the trail
(Figures 1.6, 1.7)
f. Frequently soil adjacent to the trail will be harvested to provide mineral soil for the trail tread. The "borrow
sites" are filled with mulch and when located below a low spot or drain on the trail act as sediment traps
during construction. These detain sediment-laden runoff from disturbed areas long enough forthe majority
of the sediment to settle out. They may be used in conjunction with erosion control practices such as
temporary seeding, mulching, diversion dikes, etc., to reduce the amount of sediment flowing into the basin.
Burning Mountain Trails System - Eros¡on and Sediment Control Narrative Page 3
g. Dips and crossings: Where water is concentrated either by the trail or where concentrated flow crosses
the trail, such as at a turn or natural swale, rock armored crossings (Fig.2.7 & 2.8), grade reversals (Figure
1.2) and knicks (Figure 1.8) are built to disperse the water, slow its velocity and spread it out into the natural
filter of the surrounding vegetation.
h. ln wooded areas, where seed is unlikely to germinate, leaf litter is used to mulch the disturbed areas.
4. Standard trail construction: Natural surface trail construction is accomplished with a combination
of machine and hand labor. Typical machines used can include:
a. Primary Construction: 3' to 4' wide rubber{rack mini-excavator (Bobcat 323 or equivalent)
b. Other Support Machines/Devices: Ride-on and/or walk-behind haulers/crawlers to transport materials
around jobsite, (various Canycom models, S254, SC75, BFP602); skid-steer loaders to transport materials
around jobsite and/or load haulers/crawlers (Bobcat T190); specialized implements such as a vibrating
compactor to finish aggregate surface. Note: none of these machines will be used on this project.
5. Existing conditions: 95o/o of trail is in vegetated areas predominated by sage, pinion-juniper, oak brush,
service berry, and other shrubbery, while 5% is in terrain with grassy meadows. Side slopes vary from
100/o-600/o, but most often are in the 20% - 40% range.
6, Typical erosion and sedimentation control practices: Erosion and sedimentation control practices are
used strategically to minimize impacts on the existing landscape. A 25' minimum buffer of existing
vegetation shall be maintained down slope of all disturbed areas to filter any runoff. All newly disturbed
areas are treated immediately. Trail tread is graded and compacted to encourage sheet flow of water and
any other bare areas are covered with native ground material. Seed Mix will be placed on impacted areas
near the finished trail tread, per recommendations received from Garfield County Vegetation Manger.
7. Gritical erosion areas: Critical erosion areas include back-slopes that are steeper than 2:1 and those
areas where the trail crosses an intermittent stream or there is no adequate vegetative buffer between the
trail and the water body. ln these cases, jute mesh straw bale barriers, wattles, or found objects (logs, rocks,
or brush) rlay be used to control erosiorr durirrg trail construclion and restoration periods. When jute nreslr
or wattles are used they will be entirely made up of decomposable material and will be left in place to
Burning Mountain Trails System - Erosion and Sediment Gontrol Narrative Page 4
decompose naturally rather than cause additional post construction disturbance during removal. Wattles are
6" to12" diameter and 6'to 20' long.
8. Tree removal: No live trees greater than 4" DBH shall be removed unless authorized by the land
manager. Occasionally a standing dead tree must be taken down. Removed material is incorporated into
the construction as described above. Fallen trees are turned sideways to the slope when possible to help
break flow of water and create habitat areas.
9. Minor modifications: The trail alignment may need minor modifications in the field to minimize impact on
natural resources and adapt to changes in existing site conditions.
EROSION, SEDIMENTATION, AND LAND CONSERVATION NOTES:
1. Land manager grants the right of entry onto this property to the appropriate personnel for the purpose of
inspecting and monitoring for compliance with this plan.
2. A copy of the approved erosion and sediment control plan shall be provided to the selected trail builder.
3. The contractor shall coordinate the location of staging areas with the project manager,
4. lf conditions necessitate, land manager may wish to provide a temporary stone construction entrance at
the location of the contractor's choosing. A temporary stone construction entrance is a stabilized stone pad
with a filter fabric underliner that reduces the amount of mud transported onto paved public roads by
construction vehicles. #1 course aggregate (2 to 3 inch stone) is placed at least 6 inches deep on top of the
filter fabric. The construction entrance is a minimum of 12feet wide and 70 feet long.
5. The contractor shall be responsible for the installation and maintenance of all erosion and sediment
control practices at all times.
6. The contractor shall inspect all erosion and sediment control measures biweekly and after each rainfall
event of 0.5' or more, and immediately enact any necessary repairs or cleanup.
7. ln the event, such as unforeseen site conditions, that non-biodegradable temporary erosion and sediment
control measures must be used, they are to be removed within 30 days after adequate site stabilization and
after the temporary measures are no longer needed, as authorized by the appropriate inspectors.
Burning Mountain Trails System - Erosion and Sediment Control Narrative Page 5
8. During construction of the project, soil stockpiles and borrow areâs shall be stabilized or protected with
appropriate sediment control measures.
9. All work shall be monitored by project manager or land manager on a weekly basis and evaluated for
satisfactory stabilization and re-vegetation. lf a satisfactory condition has not been achieved within 30 days,
additional measures, such as seeding, mulch, jute mesh, rock armoring, orwattles, shall be applied as
needed to achieve a stable condition.
SPECIAL CONDITIONS
Occasionally, trail construction techniques may need to deviate from the typical bench cut trail tread. This is
often done in seasonally wet or flat areas.
1. RAISED TREAD CONSTRUGTION: The trail tread can be lifted above the surrounding elevation by
excavating mineral soil adjacent to the trail and placing it on the trail tread, raising the surface. This can also
be accomplished with a stone turnpike, where rock is used to elevate the tread above soft or wet terrain.
(Figure 1.9)
2. CROSSING EPHEMERAL DRAINAGES, WETAREAS, AND BOULDER FIELDS:A Puncheon is a
wooden walkway used to create a reliably dry crossing when the trail passes over bogs, boulder fields,
small streams.or ephemeral drainages. lt can be used where uneven terrain or lack of tread material makes
turnpike construction impractical. Final puncheon design may vary depending on site conditions/
requirements.
Additionally, rock armored tread can also create a stabilized crossing of streams and ephemeral drainages.
Rock armoring techniques include stone pitching (Figure 2.0), flagstone paving (Figure 2.1) and standard
armoring, where rock is buried just below the trail tread with soil or gravel on the surface. At instances
where the swale gradient exceeds 30 percent, check dams may be placed to prevent headcutting (fi1.2.7 &
2.8). These areas will be monitored during construction. These practices will be implemented as needed or
on a case-by-case basis.
3. ln sltuations where the soils lack adequate strength or cohesion, crushed stone may be mixed wlth the
native soil before compaction takes place.
Burning Mountain Trails System - Erosion and Sediment Control Narrative Page 6
4. ROCK RETAINING WALLS: Rock retaining walls (Figures 2.2,2.3, &2.4) may be used in certain
situations, such as when building trail near a mature tree, to protect its roots by elevating the trail above
ground, orwhen undertaking switchback construction on steeper sideslopes (Figure 2.5).
EQUIPMENT MOVEMENT
ln order to prevent the introduction of sediment onto existing roadways and parking lots, contractors shall:
1. Not drive vehicles off of improved road surfaces of the city's land.
2. Unload and reload equipment directly onto and off of the trailer from trail alignment. Equipment shall
not be operated on the improved road surfaces unless they are free of sedimenVdirt.
3. After completing construction steps I -10, return equipment to the parking lot where any dirt or soil that
has accumulated on the equipment will be brushed off and dispersed like typical spoils, then covered
with native organic material.
4. Utilize trail building equipment that is small (36"-48" wide) and does not accumulate more than a few
pounds of soil.
5. Not operate equipment in wet conditions, which prevents the accumulation of mud.
6. Upon reaching the end of the improved surface by vehicle, contractors will typically walk, ride bicycles,
or ride fat tire motorcycles along the construction site's new trail alignment.
MAINTENANCE NOTES
1. Trim Vegetation: Keeping the trail corridor maintained helps keep people on the trail. Some forested
areas require two corridor-clearing projects per year, clearing downed trees in the spring and clearing
overgrowth in the fall.
2. Deberming: Well-built trails with proper outslope can lose their tilt over time and begin trapping and
funneling water. Scraping the mounded dirt off the tread's downslope edge and reestablishing a 5
percent outslope is a common maintenance job on most trail systems (Figure 2.6).
3. Knicks: A knick (Figure '1 .8) is a semi-circular, shaved down section of trail, about 10 feet in diameter,
that is canted to the outside of the trail. The center of the knick is outsloped at about 15 percent, which
draws water off the trail. Knicks are typically built on gentle sections of trail where water tends to puddle
Burning Mountain Trails System - Erosion and Sediment Control Narrative Page 7
4. Grade Reversals: Grade reversals require routine seasonal maintenance to remove organic materials
and silt that occasionally collect in them. lf left unattended, they will clog over time and become
ineffective.
5. Wooden structures/puncheons: These structures should be inspected annually (or current agency
protocol) for safety.
Burning Mountain Trails System - Erosion and Sediment Control Narrative Page 8
Sustainable Trail Gonstruction Figures (1,1 - 1.71
llopcr llralnage Cmin¡
Figure 1.1
Flgure 1.2
9ull llcneh 'fr¡ll
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Figure 1.5
sc? !: ( 4 th. b¡lr¡og.
Figure 1.6
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Figure 1.3
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Figure 1.4 ¡4.à¡ilr ¡s ¡t¡rr rÈtrFd &tu¡ n¡.Þ.tr¡r
ìrr!{rul!4 stñ
re L,l
Burning Mountain Trails System - Erosion and Sediment Control Narrative Page 9
Sustainable Trail Construction Figures (1.8 - 2.4)
K¡ick Rtrk Relolnlng Wnll
ù
Figure 1.8
Rul*ad Tre¡rd (-llnrlrmrllotr
kl
Figure2,2
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tìll. llü'r ù* or$¡n¡r nþtoi¡|.
Figure 2.4
Fígure 1.9
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Burning Mountain Trails System - Eros¡on and Sediment Gontrol Narrative Page l0
Sustainable Trail Construction Figures (2,5 - 2.6)
lln r'.¡l
l^t*f *¡.&
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l{.¡¡¡ ål¡*. .L*r¡
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Figure 2.5
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Fígure 2.6
Burning Mountain Trails System - Erosion and Sediment Gontrol Narrative Page 11
1
2
5
6
7
4
Team Harmony Worldwide, LLC
Burning Mountain Trail Gonstruction - Safety Plan
2022-2023
Hazard Assessment: THW staff begin each new segment of trail
construction with a thorough hazard assessment of the job site and tasks
that will be performed. This includes an assessment of the terrain,
environmental weather factors, and the specific tools and machinery to be
utilized. To emphasize a safe working environment, this hazard assessment
is also repeated daily, at the start of each work day.
Safe Work Procedures: Based on the hazard assessment, safe work
procedures are discussed for performing each task safely, including
guidance on the use of specific personal protective equipment (PPE) and
other safety equipment.
3. Safety Trainin$ All staff are trained on the safe use of equipment, proper
lifting techniques, and the proper use of PPE.
Use PPE: Staff are required to wear appropriate PPE, including hard hats,
eye protection, hearing protection, high-visibility clothing, gloves, and
safety shoes. Depending on the job site and task, additional PPE may be
required, such as respiratory protection or fire extinguishing equipment.
Maintain Equipment: Staff ensures that all equipment is regularly
maintained and inspected to ensure that it is in good working order. A
system for reporting and addressing any issues or malfunctions with
equipment has been established.
Emergency Preparedness: Staff has discussed an emergency response
plan that outlines the steps to take in case of an emergency, such as a
worker injury or equipment malfunction.
Regular Review and Evaluation: Staff regularly reviews and evaluates the
safety plan and procedures to identify areas for improvement.
8. Public Safety: Staff places signage to ensure that trails are closed to the
public until construction is complete.
Tiail construction methods and best practices: Staff reviews and
implements the standards and guidance provided within the project's
Susfarnable Natural Sufface Trails - Erosion and Sediment Control Narrative.
Special attention is to be given to construction practices used to control
erosion and prevent sedimentation.
Page 1 of 2
I
10. Rockfall Avoidance: Staff works to prevent unnecessary rockfall down
steeper slopes during trail construction. Larger boulders uncovered during
construction are carefully rolled and settled into stable depressions
excavated alongside the new trail alignment.
11. Machine Safety Precautions: When staff utilizes a mini-excavator for
construction, the trail tread is cut to be a full width bench, ensuring a stable
platform for the machine, as construction proceeds along the trail's
alignment. When utilizing equipment such as a mini-excavator, a fire
extinguisher, and an oil spill kit is available in the event of an unforeseen
emergencies.
Page 2 ol 2
lIIñ @@re@
M{J{1fl tAtff ltlIl À5\{](.taIrJ¡l
Our mlg¡lon l¡ to crcate ¡nd ruila¡n tha þegl po¡¡ible mount ln
blke tr¡ll syatem and exp¡rl¡ncc ln tho Roarlng Fork Vallcy.
Roaring Fork Mountain Bike Association
Burning Mountain Trail System, New Castle Colorado
Equipment Gleaning Guidance for Trail Contractor
RFMBA, in parÍrership with the land managers we work with, emphasizes preventing weeds from
spreading to new locations in all of our trail building projects. We understand that preventing the
spread of invasive species has proven to be considerably more cost effective than controlling
esablished populations. The spread of invasive species through unintentional inroduction can be
minimized significantly by the diligent cleaning of vehicles and equipment when leaving one site
and moving to the next.
Ensure the following st€ps h¡ve been taken to minimize the sprcad of forrign materials (seeds,
plants,soil,etc.) on all trail building equipment snd tools:
Field Insnection
Prior to removing equipment and tools from prior job site:
. Knock offall large clods of dirt and remove large plants. Identifu areas that need to be fr¡rther cleaned. List any known occu¡rences of noxious weeds at prior job site:
OlT.Slte Cleanlng
Clean offall dirt, plants, and debris from trail building equipment and tools
. Cleaning techniques include compressed air and pr€ssure washers
Prlor to enterlng new prolect slte:
Submit this signed 'Equipment Cleaning Protocol' form to mike.pritchard@RFMBA.org
Thank you for acknowledging that these steps have been followed.
I acknowledge the above listed guidance have been
Name &
Signature:
lmrglnrl The bo¡l tlll¡ on thr phnol - rlght outddr your doorl
Date:
RFMBA, an IMBA Chapter, ls a 501(cX3) oubllc cfiarlW. RFMBA, PO Box 2635, AsDon, CO 81612, .www.rfmba.ors
Tor¡m ofNew Castle
450 W. Main Street
PO Box 90
New Castle, CO 81647
Administration Deparfuent
Phone¡ (970) 984-231I
www.newcastlecolorado.org
To:
From:
RE:
Date:
Memorandum
RFMBA & Garfield County Planning Department
Dave Reynolds
Correspondence with Roseman and Ware & Hines Ditch Companies
4-O3-23
Summary of Work with the Roseman Ditch and Ware & Wines concerning new trail crossings:
Roseman Ditch:
Town staff and representatives from RFMBA and NC Trails met with the Roseman Ditch Board on more than
one occasion during the summer and fall of 2022 to discuss the ditch crossings on both the east side and the
west side of the project. Because trail building activity had begun on the east side, the conversation centered
on this location. After some discussion, an attorney representing the Ditch Company and the Townt Attorney
were invited to negotiate a suitable crossing method (bridge, or covered pipe), suitable trespass protection
(fencing and gates), and suitable trail use signage in the area of the crossing.
Town and Ditch attorney teams are currently working toward an agreement in order to satisfy all Ditch
Company concerns. RFMBA and New Castle Trails has also worked with the property owner and will continue
to do so regarding the continued use of the land for his historic uses and their interaction with the new trail.
Wore & Hines Ditch:
New Castle staff and representatives from RFMBA / New Castle Trails Group met on site last summer with the
Board Members from the Ware & Hines Ditch Company in order to explore a crossing location and crossing
method for the single proposed new crossing of the ditch along Rt-6 near the west end of the trial. The Ware &
Hines Board picked a site and crossing method (wood framed bridge) that worked best for their needs while
also working well for the trail. During this same visit and while still at the ciossing site, the Board convened a
Broad Meeting and voted unanimously to approve the crossing location and construction method. No further
action was required by the Hare & Hines Ditch Board.
Gurfield County
PAYMENT AGREEMENT FORM
Authorized Rep.
GARFlELDcoUNTY("coUNTY")andP{€pefrï-€v,nb+("APPLlcANT"l
Mike Pritchard, Roaring Fork Mountain Bike Association - RFMBA agree as follows
1 The Applicant has submitted to the Cou
Burnírig Mountain Trail System
nty an application for the following Project:
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the County agree that because ofthe size, nature or scope ofthe
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person:
Mike Pritchard Phone: f970 )948-3486
Billing Contact Address PO Box 2635
City:
Aspen state' CO Zip code 81612
Billing Contact Email:mike.pritchard @ rfmba.org
Printed Name of Person Authorized to Sign:
Mike Pritchard
.?N/o(ç
(Signature)
4-17-2023
(Date)
@@@.ffi,iI'i ,i
:r .\ I i:'ilrl
MOUNTAIN EIXE ASSOCIATION
Our m¡ssion is to create and sustain the best possible mounta¡n b¡ke
tra¡l system and experlences in the Roaring Fork Valley and Beyond'
5. See attachedfor Burning Mountain lrals Sysfem - Sustainable Natural Surtace Trails - Erosion and
Sediment Control Narrative, with minor revisions dated 3-28-23. This document defines standards
used for the construction of Sustainable Natural Surface Trails. Note that as most singletrack trails,
or natural surface trails, in our region are typically constructed on public lands managed specifically
for recreation or open space values, grading permit submittals are typically not required for
development of new trails given the standards involved in designing and building sustainable trails.
6. Per the above document, the finished trail trail tread surface is compacted soil and the trail surface
width varies from 1 .5'to 4' but is typically 2.5' to 3'.
7. See attachedfor Burning Mountain TrailConstruction - Safety Plan. THW performs hazard
assessment and conducts trail construction operations in a safe manner as indicated in this plan
8. See attached for THW trail contractor's form regarding cleaning of equipment prior to entering the
project area in order to minimize spread of foreign seeds, plants, soil, etc., to the site. Our project
team received two specific native seed mix recommendations from Garfield County's Vegetation
Manager for dispersal on impacted areas to either side of finished trail tread. Seeding these areas
will help to reduce erosion of bare soils and limit opportunity for non-native vegetation growth.
9. The new trails cross area ditches at four locations. At three locations, the existing ditches were
(unrelated to this project) previously culverted and covered with earth, therefore no improvements
are being made above the ditch alignments. At one location a removable wood bridge has been
installed for safe crossing by public trail users. The removable bridge design allows for annual
ditch maintenance. New signage will indicate that ditch alignments are not open to public travel
and are not safe for swimming. See attached for Memorandum on this topic from Dave Reynolds,
Town of New Castle Administrator, regarding coordination meetings with board members of the
Roseman Ditch Company and the Ware & Hinds Ditch Company.
10. Retaining walls over 4'-0" in height are not utilized for this project.
11 . Construction for this project started in the sprin g of 2022 with a majority of the "North Climb Trail"
completed by Fall of 2022. We anticipate that Team Harmony Worldwide (THW) will complete this
trail during Spring of 2023, and will continue utilizing a small mini excavator to complete the
construction of the Ridge Trail by mid Summer of this year. The South Descent will be built utilizing
hand tools only, starting with minor corridor clearing during April of this year, and continuing with
hand build of the trail tread, back slope, and other trail drainage features during summer and fall of
this year. The South Return Route will be partially constructed during spring and summer of this
yea¡ primarily utilizing localvolunteers. We anticipate completing the 8.9 mile loop of trails, and
installing trail signage by Fall of 2023.
Learn more about our mission based work at RFMBA.org
Our mission is to create and sustain the best possible mountain bike
tra¡l syst€m and exper¡ênces ¡n the Roaring Fork Valley ãnd Beyond,
April 17,2023
Garfield County Community Development
Glenn Hartmann, Principal Planner
John Plano, Chief Building Official
Sent via email: ghartmann@garfield-county.com, jplano@garfield-county.com
Attention: Glenn Hartmann, John Plano
Re: Garfield County - Minor Grading Permit Submittal for Burning Mountain Trail System
Please find information attached to this letter regarding a Minor Grading Permit Submittal the Burning
Mountain Trails Plan, which started construction during summer of 2022. Construction is scheduled to
restart in April of this year. This trail system has been approved through a trail easement agreement
made and entered into by the Town of New Castle with Burning Mountain Land & Cattle, LLC. Roaring
Fork Mountain Bike Association (RFMBA), and our local committee, New Castle Trails (NCT), serves as
the project manager for construction of the trails, and will remain involved for future trail maintenance
needs. The project has been funded by a combination of local sources, including local government
grants, local businesses, the annual Rides & Reggae Festival event, and foundation grants. Funding
has allowed a local professional trail construction company, Team Harmony Worldwide, LLC (THW), to
be contracted for the majority of the trails to be built. Volunteers will be involved in a portion of the trails
to be constructed.
Following, please find responses and referenced attachments to your letter dated March 24,2023.
1. See attached for Garfield County Minor Grading Permit Application Form.
2. See attached for a project map labeled " Burning Mountain Trail Plan 2021". This map indicates the
primary 8.9 mile loop that is currently under construction, as well as future phase trail segments.
3. See attached for Letter from Landowner and the Town of New Castle, authorizing RFMBA to act as
a representative for the Landowner, and the Town, as its representative for this grading permit
application. Also attached are four documents indicating ownership for the Parcels in question from
Garfield County Assessor's Ottice.
4. See attached for the 2022 Trail Easement Agreement made and entered into by the Town of New
Castle with Burning Mountain Land & Cattle, LLC.
Learn more about our mission based work at RFMBA.org