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HomeMy WebLinkAbout1.1 Supplemental ApplicationdtC z d CALOIA, HOUPT & HAMILTON, P.C. ATTORNEYS AT LAW SHERRY A. C.A.0 (NA J FFERSON \', ROII'T MARK E. FIRM TON MATT'!'E.I...L7.:' BET1iGEIGER 1204 GRAND AVgjVLIE fil,F,'yWOO» 9I'RINGS, c`a'.QRADO 8101 June 6, 2007 James Craig and Doris Bair 664f8U.S.Hwy. 6&24 Glenwood Springs, CO 81601 Re: Case No. O5CW164 Dear Mr. and Mrs. Bair: TELETHON! 0:910) (.45-(067 FACS I4.411. E (_370) Y4S-6292 scudo'.; cr, il. rrlrravi,i eigrpc,conr 1 am pleased to present you with the final decree in the above -referenced matter. A diligence application will be due in May 2013. You should keep record of your continuing efforts to develop the conditional portions of these water rights. Once used, they can. be made absolute, inwhich case no further diligence applications will be .required. Thank you for your business ant. -1 please call if you have any question or concerns ry truly yours, CALOR, .-T AMILTON, P.C. Mark ainiltem MEH:1rr Enclosure ec: Tom Zailcanella, wienel, 13A[RtlicrytAir.flnal 1%ecce M I e01 i•ot err 2z7J rim: u ; 4cb r dh& BAIR FACIE 02 DISTitJCT COURT, WATER DIVISION NO. 5 COLORADO 109 Eighth Street, Suite 104 Rriling Glenwood Springy, CO 81601 970 945-50'75 945-$75C fsr! F.Fi iA) bocum, rit CO Gerald County District Court 9th Filing PAW Apr 2720117 $:fS% f .tT) TM 146010 :lxaikly Ckric:.iwot.i It film•Nie,• • COURT USE ONLY A CONCERNING THE APPLICATION FOR WATER RIGHTS OF: JAMES CRAIG BAIR AND DORIS BAIR in Garfield County, Colorado. Case No. 05CW164 FINDINGS OF FACT, CONCLUSIONS OF CLAW, RULING OF THE REFEREE, JUDGNMENT AND DECREE The above -entitled Application was filed on August 31, 2005_ The Application was thereafter referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 9'2, Chapter 37. C.R.S., known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the Application are true, having consulted with the Division Engineer, and leaving become fully advised with respect to the subject matter in the Application, does hereby make the following Findings of Fact, Conclusiona of Law, Judgment and Decree in this matter: FINDINGS Of FACT Name, address, and telephone number of the Applicants; James Craig Bair & Doris Bair 66418 U.S. Hwy, 6&24 Glenwood Springs, CO 81601 clo Mark E. Hamilton, Esq. CALOTA, HOUPT AND HAMILTON, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970)945.6067 atlizatttsam SIAIR•OSCW l64•Ratin; er:he 1P.eferce•F•:iYAt. Fhl Lib/08,2007 02: 47 34.573B9 BAIR District Cowl, Watcr Division S Crsc No, 05CW 164 A;+plication of James C. Halt, et al. Findings ofFas;, Conclusions of Law, Ruling of Referee, Judgment and i]ccrcc Page 1 of 21 2. Timely and adequate notice of filing of this Application was given as required by law, and the court has jurisdiction aver the subject matter of this proceeding and over all parsons and water rights affected thereby, whether they hare appeared or nor, 3. The time for filing statement of opposition has passed. One timely statement of opposition was filed by the Colorado River Water Conservation District on October 28, 2005, This opposition has been resolved by stipulation, a copy of which is in the court file_ Ftrst Claim for Relief: Confirmation of Conditional and Absolute Surface Water Ruts 4. The Applicants request confirmation of three absolute and one conditional surface water right, described as follows: a. Hunting Cabin Spring, Location! The point of diversion is located in Section, 22, Township South, Range 87 West of the 6th Principal Meridian :at a point 2,300 feet North of the South section line and 1,800 feet West of the East section line. ii. Source: Near surface groundwater tributary :o Ike Creek; tributary to the Colorado River. Dare of irrigation of appropriation: December 31, 1983. iv. Date water applied to beneficial use; December 31, 1983, v. Amount claimed: 0.033 c.fs. (15 g.p.tx't.), absolute. vi, Uses: irrigation, fIrc protection, domestic, commercial. 1. Location and quanr>'+y of irrigated area: up to 0.25 acres within that portion of the Bair Ranch located within the Ike Creek drainage. vii. Owner of lard upon which structure is located: Applicants. viii. Remarks: This structure is trot a well since water from the subject springs Is collected On the ground surface within 50 feet of the perimeter of the area where springs and seeps surface and water is conveyed between these points by gravity flow, Applicant. however, requests approval of this H411t45CW1&4-pulingor;be rtekKe.f MAC FN t PAGE 03 cne cite,/ zrI3 : SSL: + i 4t' ( bb EAIR District Court, Water Division 5 Case No, 05CW1.54 Application ofiemcs C. Bair, et al. Titstr'rigs of Pec, Conclusicos ofLaw, .puling or'Refrre, Judgment and .Decree Page 3 of 2 i structure as an alternate point of diversion for the Hunting Cabin Well, below. b. Mprble Springs. Location: The point of diversion is located point 1,100 feet North of the South section line and 2,420 feet West of the East Section H e_in Section 22, Township 5 South, Range 87 West of the eh Principal Meridian al a ii. Saurae: Near surface groundwater tributary to Ike Creek; tributary to the Colorado River. Dote Pf initiation ofappropritation: December 31, 2000. iv. Date water- applied to a beneficial rise: December 31, 2000. v. Amount claimed: 0.045 c.fs. (20.g.prn.) iotas, with 0.032 c.f.s. (14.2 g.pm.) absolute and 0.013 e.f s. (5.8 g.p.rn.) conditional 1. Location and quantity of irrigated area: up to 0.25 acres witbin that portion of the Bair Ranch located within the flet Creek drainage. vi. Owner of land upon which structure is located: Applicants. Remarks: This structure is not a well since water from the subject springs is collected on the ground surface within 50 feet of the perimeter of the area where springs and seeps surface and water is conveyed between these points by gravity flow. Applicant, however, requests approval of this structure as an alternate point of diversion for the Marble Well, below. oraeste, Location: The point of diversion is located in Section 23, Township 5 South, Range 87 West of the 6`h Principal Meridian at a point 1,300 feet North of the South section line and 4953 feet East of the West section line. ii. Source: Near surface groundwater tributary to Sprice Creek; tributary to the Colorado River. Date of initiation of appropriation. Dezember 31, 2000. BAllt-CSCWINIAtutinw of lift i(trsMtl-IgNAL PN I 4:w vw cvc�I mac.., 797 f.3 LSO LSH d IC District Court, Water Division 5 Case No. 0SCW 164 Application of Janus C. Bair, tt A1. Findings of Fact, Cot+dusions of Law, Ruling of Referee, Judgment and Decree Page 4 of 21 iv. Date water applied to beneficial use: N/A v, Amountclaimect 0,033 c.f.s. (l5 g.p.m.), conditional, vi. Proposed uses: irrigation, fire protection, domestic, eommetcial 1. Location and quantity of irrigated area: 'up to 025 acres within that portion of the Bair lttlnch located within the Spruce Creek drainage. vii, Owner of land upon which structure is located: Applicants. •ilii. Remarks: This structure is not a well since, when constructed, the collection device for this structure will be within 5D fret of the natural discharge point of the spring and water will be collected by gravity flow, Applicant, however, requests approval of' this structure as an altercate point of diversion for the Homestead Well, below. d, Sprues Lgg $1111tA, Location' The point of diversion is located ir1 SeCtioa 26, Towryship 5 South, Range 87 West of the 6'h Principal Meridian at a point 450 feat South of the North section liras and 2,500 feet l=ast of the West section line. Source: Near surface groundwater tributary to Spruce Creek; tributary to the Colorado River. Date o/'initiation of appropriation; December 31, 1.999. iv. pate water applied to beneficial rise: December 31, 1999. v. Amount claimed: 0.033 e.f,s. (15 g.p.rr,.), absolute. vi. Uses: irrigation, turc protection, domestic, Commercial 1, Location and guantiiy of irrigated area: up to 025 acres within that portion of the Bair Ranch located within the Spruce Creek drainage. vii. Owner of land upon which structure is located: Applicants. gh3•4SCWrd4-rlut*orUmReletae•F1NAL rl r:JW 7N:1 � Jr�CI •gyp District Court. Water Division 5 Calc No. 05 CW I64 Applicaticn aflyttsCs C. Bair, et J. Pindirt,,N of Fact, Cot±ciusions of LIN, Ruling o{Roferet. Judgment card i7ecme Page .5 01'21 Remarks: This structure is not a well since water is collected at a depth s# less than 10 feat where water can be ceptuxed by gravity flow at a point less than 50 feet from the natural discharge paint. Applicant, however. requests approval of this structure as an alternate point of diversion for the Spruce Lodge Well, below, Secoa.d Claim for Relief: Confirmation of Conditional Groundwater Right 5, The Applicants also request confirmation of four conditional underground water rights described es follows: a. M Ie Wel] .legal Description of Well! the point of diversion is located in Section 22, Township 5 South, Range 87 West of the cit Principal Meridian at a point 1,100 feet North of the South section line and 2,340 feet West of the Hast section line. ii. Source: groundwater tributary to The Creek, tributary to the Colorado Liver. Depth: approximately 50 feet. iv. Amount claimed: 0.045 c.f.s. (20 g,p.m,), conditional. v. Date of initiation of appropriation: August 25, 2005. vi. Appropriation was initiated by:: formation of intent to appropriate and field inspection of well site. Dale water applied to beneficial use: NIA. viii- Proposed uses, irrigation, fire protection, domestic, commercial 1. Number of acres and location of arra to be irrigated.. up to 0.25 acres within that porion of the Bair Ranch loomed within the Ike Creak drainage. ix. Owner of land on which structure is located.' Applicants BA ut-r5C K t e4.ltviing ai the Rtreyee•h NAL PN1 ubft.l8I'LNr 7 012:47 9457398 FAIR District COUri, Water Division, 5 Case No. 05CW164 Applitalion of Jamcs C. Bak, ct al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment t and Decrea Page G q(21 x. Remarks. Marble Well will be constrttaed located within 100 feet of an unnamed tributary of Ike Creek, Applicant requests app:uvaJ of this sttUOture as an alternate pont of diversion for the Marble Springs, above, xi. b, I,,T.isinting,Cabin Well. Legal Description of Well: The point of diversion is located in Scatidrn 22, Township 5 South, Range 87 West of the 6`4 PtincipaI Meridian ata point 2,340 feet North of the South section line and 1,800 feet West of the East section line, ii. $curce: Gmundwater tributary to Ike Creek, tributary to the Colorado River. Depth: Approximately 50 feet. iv. Amount claimed: 0,033 c, fs, (15 g.p.m.), conditional, v. Date of initiation of appropriation: August 25, 2005. vi, Appropriation was initiated by; formation of imnt to appropriate and field inspection of wellsitc. vii. Date water applied ry beneficial use: WA. viii, Proposed uses: irrigation, fire protection, domestic, commercial 1. Number of acres and location of area to be irrigated up to 0.25 acres within that portion of tate Bair Ranch located within the Ike Creek drainage, ix. Owner of land on which ,rrructure tY located: Applicants. x. Remarks.' Hunting Cabin Well will be constructed located Kritbin 100 feet afar) unnamed tributary of Ike Creek. Applicant requests approval of this structure as an alternate point of diversion for the Hunting Cabin Springs, above. c. Spruce LO_,e Well. i. Legal Descriptio of Well: the point of diversion is located in Sect?on 26, Township 5 South, Range 87 West of the 6`'' Principal Meridian ata point O MR-05CwIM-Ruling oft the mret4e-FINAL. ?NI PAGE e JY + VV W� r Dirrict Coeir, Wata Division $ Caw No. 05CW 164 Application ofJarnes C. Bair, ct sl. Findings of Fact, Conclusions of Law, Ruling of Rcfcrce, Judgtncir and Deuce Page 7 of 21 420 feet South of the Noir section line and 2,510 feet East of the West section line. Source: groundwater tributary to Spruce Creek, tributary to the Colorado River, Depth: approximately 50 feet. iv. Amount claimed: 0.033 c.f.s. (15 g.p.rn.), conditiotuaL v. Date of initiation of appropriation: August 25, 2005. vi. Appropriation was initiated by: formation of intent to appropriate and fold inspection of well site. vii. Date water applied to beneficial use.' N/A. viii. Proposed uses: irrigation, fire protection, domestic, commercial 1. Number of acres and location cf area to be irrigated' up to 0.25 acres within that portion of the Bair .Ranch located within the Spruce Creek drainage. ix. Owner of land on which structure is located- Applicants. x, Remarks: Spruce Lodge Well will be constructed located within 100 feet of Spruce Creek. Applicant requests approval of' this structure as an alternate point of diversion for the Spruce Lodge Spring, above. d. USKI teal Wt.1L Legal Description of Well: the point of diversion is located in Section 23, Township 5 South, Range 87 West of the 66 Principal Meridian at a point 1,300 feet North of the South section tine and 1,980 feet East of the West section line. ii. Source: groundwater tributary to Spruce Crede, tribute to the Colorado River. iii. Depth: approximately 50 feet. iv. Amount claimed: 0,033 c.t.s. (l 5 g.p.m.). conditional BAJR.05CWIb4.R LIngofi1+eRe'renee.V;NAl. sNE " -(LiL ti c+o! UW £.J i VC. ' '4:J fJ'O4y! DiStrictC;oun, Water Division 5 Case No. 05CW 164 Application of Jamcs C. Bair, et al. Findings of Foos, Conclusions of Law, itullog of Rtferee, Judgmont and Decrce Page 8 o; ',21 v. Date of initiation of appropriation: August 25, 2005. vi. Appropriation was initiated by: formation of intent to appropriate and field inspection of well site, vii. Date water applied to beneficial rise: N/A. viii. Proposed uses: irrigation, firc protection, domestic, commercial 1. Number of acres and Iocation of area to be irrigated: up to 0.25 acres within that portion of the, Bair Ranch located within the Spruce Creek drainage, ix, Owner eland an which structure it located: Applicants. x- Remarks: .Homestead Well will be constructed located within 100 feat of an unnamed tributary of Spruce Creek. Applicant requests approval of this structure as an ahernarc point of diversion for the Homestead Spring, above, Third asim for Relief; Confirmation of Absolute Storage Water Rights 6. The Applicants also request confirmation of three conditional water storage rights, described as follows: a. Mar_, Imo. Legal Description: the pond is situated in Section 22, Township 5 South, R.ange 87 West of the 6th Principal Meridian approximately 1,070 feet North of the South section line and 2,430 feet West of the )East section litre. ii. Source of water to fill reservoir: Marble Springs; tributary to Ike Creek; tributary to the Colorado River. Amount claimed: 0.50 acre-feet, absolute, iv. Date of initiation of appropriation: December 31, 2000. v. Date water applied to beneficial use; December 31, 2000. iiAfl .W i;w16r•Rulingof the itct -ErNAL PN I rfi.st F77 ES6/y1B(2eoi 02:47 9457398 BAIR District Court, Water Division 5 Case tvv.05Cw)64 Application of James C, .bait, et al, 1'indinOs of Fact, rConciuSitlm cfLaw, R,uljvg ofREfercc, Judgment snd Decree Page 9-of21 vi. Uses: piscatorial, recreation, wildlife watering, fire promotion, stock watering vii. Surface area of high water line: approximately 0.30 acres. 1. Maximum eight of dam; JO feet. 2, Length of dam: approx. 200 feet. viii. Total capacity of reservoir: 0.50 acre-feet. 1. Active storage: 0.50 acre-feet. 2. Dead storage: 0.00 acre-feet, ix. Owner of land upon which ,structure is located: Applicants. x. Remarks: Marble Pond is an on -channel storage structure. WW1 ti Pont Lege! Description, the pond is situated in Section 22, Township 5 South, Range 87 West of the 6th Principal Meridian approximately 2,330 fcet North of the South section line and 2,620 feet West of the East seetiori line. Source of wafer to fr!! reservoir: Marble Springs; tributary to Tke Creek; tributary to the Colorado Rivet. Maximum rate offll: 0.1 c.f_s- iv, Amorint claimed; Approx. 0.72 acre-feet, absolute. v. Date of initiation of appropriation: December 31, 2000. vi. bate water applied to beneficial use: December 31, 2000. vii. tires: piscatorial, recreation, wildlife watering, fire protection, stock watering viii. Surface area of high water line: approx. 0.36 acres. 1. Maximum height of dam; 10 feet. 2. Length of darn: 300 feet. B A1R-ASCVi 1,64•i4tlinB of t t Aeon •FmA4 IR4 t FAGE 12 rbl U /2Uy7 d2: 47 9457338 BAIR District Court, Water Division 5 Case No, 05CW164 Application cfJamm C. Bait, et al Findings of )=Rot. Conclusions of Law, Ruling of Referee, Judgment and 0ecxee Page 10of21 ix. Total capacity of reservoir: approx. 0.72 acre-feet. 1. Active storage: approx. 0.72 acre-feet. 2, Dead storage: none x. Owner offond irpon whichstruchrre is located: Applicants. xi. Remarks: Wapiti Pond is an off-chatmel storage structure. c. S�t�ece_Pottd, i. Legal Description: The pond is situated i>ex Section 23, Township 5 South, Range 87 West of the 6t Principal Meridian approximately 250 feet North of the South section line and 2.760 feet West of the East section line. ii. Source of water tv fill reservoir; Spruce Creek; tributary to the Colorado River. Amount claimed.. 1.56 acre-feet. Iv. Date of initiation of appropriation: December 31, 1999. v. Date water applied to beneficial use: December 31, 1999. vi. Amount claimed' 0.033 c.fs., absolute. vii, Uses: piscatorial, recreation, wildlife watering, fire protection, stock watering viii. Surface area of high water line; 0.73 acres. I . Maximum height of dam: 10 feet. 2. Length of dam: approx. 400 feet. ix. Total capacity of reservoir: approx. 1.56 acre-feet. 1. Active storage: approx. 1.56 acre-feet. 2- Dead storage: none Owner of land upon which structure is located: Applicants. xi. Remarks: Spruce Pond is alt an -channel storage structure, WAIR.O: CW l 6t -Ruing of the Reracc.FINAL rr t PAGE 11 Ub/ L f kid r .J2; 47 9457399 FAIR District Court, Water Division 5 Case No, 05 CW 164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law. Ruling of Referee, Judgment and Decree Page ! 1 0j•31 Fourth Claim for Relief: Approval of Plan for Augmentation 7 The Applicants also request confirmation of a plan for augmentation, which is further described as follows: a, Structures to be aurgmented ail structures described above b. Water' rights to 6e used for augmentation: Applicants have entered brtto a water supply contract (No. CW0501I) with the Colorado River Water Projects Enterprise of the Colorado River Water Conservation District ("CRWCD"), for 7.6 t<credbet of stored water deliverable from one or more of the following sources; Wolford Mountain Reervuir. The CRWCD owns and operates Wolford Mountain Reservoir (f/k/a ounsight Pass Reservoir) which has the following water rights. Case No. 87CW283: Decree Date: November 20, 1989 Legal description of Place of storm: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears S. 54°54'20" E. a distance of 3,716.46 feet from the NW Comer of said Section 25. Source: Muddy Creek and its tributaries Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was made absolute for all purposes by decree entered in Water Court Casa No. 02CW 107, A r' ria i arc: December, 14, 1987 Uses: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Wstcr Conservancy District; use to meet the water requirements of the inhabitants of the CRWCD for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987 between the CRWCD and the City and County of Denver. $AIR-aiC W t 64 -Ruling of the Reftree•t'NAL 04 1 PAGE 17 rr,r u43' enc r vJL: q FAIR PAGE 1.1,, District Court, Water Division 5 Cast No. 05 CW164 Application of James C.1Bair, er aI. (Findings offset, Cm-10140ons of Ltw, Ruling ofRefezte, Judgment and Dcoree Pate 12 of21 2. Case No, 95CW281: QQ ",eaate: August 26, 1997 Lal desert tin of store e: The slam is located in the SW 114 ofthe NEJ/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as -built intersection, of the darn axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the CRWCD, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Darn Layout" sheet 8 of 94, occurs at a point which beaus S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner ofsaid Section 25; the beating of said darn axis from Sta. 19+3541 to Sta. 0+00 being S. 75628'29" E. &km: Muddy Creek and its tributaries Amount: 6,000 tett feet conditional ptinljalion Date: January 16, 1995 Uses: All beneficial uses by and for the benefit of the inhabitants of the CRWCD, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by Substitution, augmentation, or exchange. None of the water sto:ed in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. 3. Case No, 9SCW237: Decree Date: July 6, 2000 Lee al sarin ' of ole of storaac: Same as for 95CW28I. Source: Muddy Creek and its tributaries. Amount: 30,000 acre feet conditional with 15,895 acre feet being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998 Mg: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District, This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used BA1R-05CW I h4-RuliAir of tht Refaee•PINAL YN' Ube' 0ts!20k11 b'2: 7 945733€ BA IR DMMtriot Cour., Water Division 5 Casts No. 05CW 164 Application dimes C. Bi. r, ct al. Findings of Fact, Conclusions of Law, Ruling of Rcfc'rca, Judgment and Decree Pale 13 of 21 to meet the water requirements of the inhabitants of the CRWCD for all uses, including uses in the Middle Park area. 95C: W281: All beneficial uses by and for the benefit of the inhabitants of the CRWCD, including but not Iimited to domestic, municipal, industrial, irrigation, agricultural, piscatorial. and recreational; such uses will include environmental mitigation, innloding environmental mitigation requirements associated with the Wolford Mountain ,Rescrvoir Project; such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein wiii be exercised to provide Supply for the Western Slope uses of water from Wolford. Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District, The Refill Right will not be used in conjunction with the Reeervoir capacity (24,000 acre feet) wh ch is allocated for the supply of water to the Deaver Board of Water Commissioners udder Applicants' contractual relationship with Denver, or the Reservoir capacity (6,000 acre feet) vvlticb is allocated for Colorado River endangered fish releases. ii. Ruedi Reservoir. The CRWCD holds Contracts No. 009D6C0111, 00906C0118, arid 039P6C0011 from the United States Buncau of Reclamation for 1,730 acre feet of annual supply from Rucdi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and as substitution for Wolford Mountain ,Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. 1. Legal Dexrlption of plane of storage: Ruedi Reservoir is located in Sections 7. 8, 9, I I, and 14 through 18. T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section. 7, Y. 8 S., R. 84 W. of the 6th P.M. bears N. 82E10'W. a distance of 1,285 feet 2. Sourer: Fryingpan River. 3. Previosia Storage Decreer. (a) Civil Action No. 4613: Decree Date: June 20, l938 8AIR-DIC W 144-Rutiag of trtq Relnee41 NAL Fr11 PAGE 14 rybl08!2007 a2:47 9457399 Distri:t 031111, Watert ivi4iori S Cess No. OSCW 164 Applicutien of 'scuts C. Bair, et al, ~iIsdings of fact, Coocluciona of Law, Ruling of Referee, Judg neer and Dccrce Page 1419101 FADE iF Court; Garfield County District Court Amow:It: 140,697.3 acre feet, reduced to 102,369 acre feet pursuant to order of the Water Court in Cast No. W-789. 76. The full amount was made absolute in Case No. 88CW85. ro 'ati n 1] t ; July 29, 1957 Ute: Domestic; municipal, itrigat6ion, generation of electrical energy, stook watering and physical. (b) Case No. $1CWN: �e_c, ice: April 8, 1985 Court: District Court, Water Div, No. 5 A nourt: 101280 acre feet (refill); of this amount, 44, 509 acre feet were made absolute in Case No. 95CW95 and 25,257 acre feet were made absolute in Case No. 01CW269, for a total of 69,766 acre feet absolute. Approp atioz Date: ,Tanury 22, 1981 1 ea: irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. c. Statement of plan for augmcntatron: All of the subject structures aro depicted oz attached Figure 1. The conditional and absolute water rights associated with these structures arc components of an integrated water system to serve the Bair Ranch, a commercial hunting, fishing and outdoor recreational development consisting of several lodges, cabins and campsites intended for short-terrn overnight stays and day use. Such water rights will be used to provide water for in-house domestic and commercial uses (these uses are commercial in that the domestic facilities are part of a recreational resort operation), stocltwatering, fire protection and to irrigate small areas around the cabins and lodges, These water rights include small ponds used for general recreational purposes, including fishing, and for fire protection and stock watering. A table of monthly water demands and anticipated consumptive use is attached hereto as Table 1. Total annual diversions are expected to be approximately 14.1 acre-feet, with resulting toral annual depletions of 6.8 acre.fcct. The watet demand and consumptive use estimates associated with this plan for augmentation are based upon the following parameters: (1) 3$0 gallons of water per day per equivalent residcatial unit (FFQR) with consumptive use of 15% of this 13A1R-44C W 164-Ru1ing of the Refeeee.FIN A t. FN 1 e br � F 11 Je 4 l 9457998 BAIR Disttim.t Court, Water Division 5 Case No. O5CW164 Application of James C. Bair, ct el, pindirigs of Fact. Contusions of Law. Ruling Of Referee, Judgment and Decree Page 15 of 21 PAGE 16 amount (21.5 total EQR,$); (2) minimal potable water irrigation of 500 s.f. of landscaping per EQR with 80% application efficiency for sprinklers and an annual consumptive requirement of 1.98 a_f. per acre (with any additional irrigation to be served by Applicant's ditches that are not pan of this augmentation plan); and (3) gross aroacal free water evaporation of 3.54 feet from the pond surfaces, with no adjustment for precipitation. A breakdown of the domesticloomanereisi water demands in terms of EQRs is attached as Table 2 and a breakdown of uses per stnicturc is attached as Table 3. All depletions resultingi from the exercise of the augmented water rights will be replaced with water released at the direction of the Division Engineer pursuant to the above-described contract between the Applicants and the Colorado .River Water Conservation District ("CRWCD") and by exchange pursuant to the appropriative rights of :exchange set forth below in Applicants' Fifth Claim. Augmentation releases Ivi11 be ten percent greater than estimated depictions to account for transit lossei. The Applicants will install such measuring devices and provide such accounting as the Division Engineer may reasonably require as necessary to administer .this plan. The Applicant agrees and acknowledges that the use of the foregoing augmentation sources may only occur for so long as the Applicant bas a contract in effect with the CRWCD. Fifth Claim for Relief: Approval of Coadidtinal Appropriative Rights of Exchange 8. The Applicants also request confirmation of two conditional api ropriative rights of exchange described as follows: a. i3tlir Ranch. WoI + Excha e, 1. Downstream ferndni-' (1) confluence of Spruce Creek and the Colorado River (iia the SE Y. of the NE' 1. of See, 15. T. 5 S., R. 87 W. of the tit' P.M., approximately 1600 ft. from the N. Sec. line and 420 ft. from the E. Sec. tine of said Sec. 15). (2) confluence of Ilse Creek and the Colorado River (in the N E % of the SW 1h of Sec. 15, T. 5 S., R. 87 W of the d`" P.M., approx. 2100 ft. from the S. Sec, line and 2200 ft. from the W. Sec. litre of said Sec. 15). BAIR-05C W l6i`•Rutieg eche RcStrac.FINM. F'NI et LW 1eri f T1:4 ; 5457388 BA1R District Cour, Water Divisinri 5 Case No 45CW154 Application oPia.mcs C. Bair, ct al, Findings of Fact, Cofte1wions of Law, Ruing ef Before; Judgment and Aocrec Page f of 21 il. Upsire im termini: each of the springs, welts and ponds identified in First, Second and Third Claims, above. Maximum Rate of pxchanpe: 0,145 c.f.s., conditional; maximum volume of 14.1 acre-feet annually. iv. Date of Appropriation: August 25, 2005. v. Remarks: The exchange claimed herein will be operated in conjunction with the plan for augmentation described above in Applicants' Fourth Claim. A map oldie exchange reach is attached as Figure 2. b. l airJtanotRUe i Fac i. Downstream Tenninur: confluence of Roaring Fork and Colorado Rivers (in the SW ;f of the NW'/ of Sec. 9, T. 6 S., R. 89 W. of the 6`h P.M.. approx. 2200 ft from the N. Sec. line acid 2400 ft, from the W. Sec. lire) it. Upstream Tewin: s: each of the springs, wells and ponds identified in First, Second and Third Claims, above. Maximum Rate ofExchaige: 0.145 c.f.s., conditional; maximum volume of 14.1 acre-feet annually. iv. Date ofelppropriaaion: August 25, 2005 V. Remarkr: The exchange claimed herein will be operated in conjunction with the plan for augmentation described above in Fourth Claim. A reap of the exchange reach is attached as Figure 2. CONCLUSIONS Of LAW 9. The statements in the Application are true. As such, the foregoing Findings of Fact are incorporated into these Conclusions of Law as though fully set forth herein. 10. The Application. was complete, covering all applicable mattes required under C.R.S. § 37- 92-302. E . All notices required by law have been given and no further notice need be given. 12. the court has jurisdiction over this subject mater and over all persons affected thereby, whether they have appeared or not, pursuant to C.R.S. §§ 37-92-301(2) and -303(1), BA 1R.44(y,� 164 -Ruling of the Referee -MAL FN 1 FAUE 1 f wu1, I oEasa Di8trict Court, Water Division 5 Case Na, 05CW164 Applicat+on ()flames C, Bair; rt al. Findings of Fact, Conclusions of I,aw,1tuling of Referee, Yudgment and Decrct :'age 770.121 I3. This court has authority to confirm the above-described surface, underground and storage water rights, to approve the plan far augmentation, and to approve the above-described conditional appropriative rights of exchange, pursuant to CRS, §§ 37-92-301(2), -302, 303(1), 14. A plan for augmentation shall be approved if it will not injuriously a1 ecu the owner or persons entitled to use water under a vested water right or decreed cond!tional water right. C.R.S. § 37-92-305(3). 15. The court finds that Applicants have demonstrated an intent to appropriate water for all of the conditional water rights described above in Applicants' First, Second, bird and Fifth Claims, that water is available to satisfy said appropriations, that Applicants have taken a substantial step towards such appropriations in the amounts end for the ptoses specified above, and that waters can and will be diverted, stored or exchanged in the times, amounts and for the uses described above, and that such waters will be applied to beneficial use and that the project can and will be completed within a reasonable time and with diligeoee pursuant to C.R.S. § 37-92-305(9)(b). The Court further finds that all of the above-described water rights axe part of an integrated system, and that diligence toward the complexion deny one or more of these rights shall constitute diligence toward completion of the others. 16. A plan for augmentation shall be approved if it will not injuriously affect the owner or persons entitled to use water under a vested water right or a decreed conditional water right, C,R,S. § 37-92-305(3). 17. Any decree approving a plan for augmentation must be conditioned upon the retained juriediotioo of the court for a period necessary or desirable to preclude or remedy and injury to the vested rights ofothers. C,R.S. § 37-92-304(6). 18. The proposed plan for augmentation meets the statutory criteria for a plan for augmentation set forth in C.R.S. §§ 37-92.103(9), -3020), &, -305(8), as one contemplated by law and, if operated in accordance with the terms and conditions of this decree, the use of water pursuant to said plan will not injuriously affect the owner of or persons entitled to use water under a vested water night or deccccd conditional water right. RULING 0r THE REFEREE 19. The foregoing Findings of Fact and Conolusions of Law are incorporated herein by this rcfereoce. 20. The °oust hereby confirms absolute surface water rights for Hunting Cabin Spring, Marble Spring, and Spruce lodge Spring in the amounts and for the purposes desoribed above in BAIR-osCW1a4.Rmb„sVibe Rorco1i1&L Nr WAIN 1'o District Chart, Water 15ivisiori 5 Case No. 05C'.Wf64 Appfioation alarms C. Bair, ct a1. Firdings of Fact, Conclusions of Law. Ruling of Re irrec, iudgmetlt and Decree Pogo 18of21 F F lit 1 `J Applicants' First Clain, provided that tone of such structure may collect water at a depth of greater than ten feet from the ground surface unless Applicants first adjudicate groundwater rights and obtain well permits for said sttucturefs). The court Farther delesmines that the Spruce Lodge Spring is a near -surface stature pursuant to C.R.S, §§ 37-90-103(21)(b) and 37-92-103(14)(b). 21, The court also hereby confirms a conditional surface water right for Homestead Spring in the amounts and for the purposes described above in Applicants' First Claim, provided that such structure may not collect water at a depth of greater than ten feet from the ground surface unless Applicants first adiudicate a groundwater right and obtain a well permit. 22. The court hereby confirms conditional underground water rights for the Marble Weil, Hunting Cabin Well, Spruce Lodge Well, and Homestead Well in the amounts and for the purposes described above in Appl;cants' Second Claim. The covet further cont3nns that these four groundwater tights may respectively be exorcised as alternate points of diversion for the Marble Springs, Hunting Cabin Springs, Spruce Lodge Spring and Homestead Spring, as confirmed above, or visa verso„ 23. The court hereby confirms absolute water storage rights for Marble Pond, Wapiti Pond, and Spruce Pond in the amounts and for the purposes described above in Applicants' Third Claim, provided that, should any of such structures encounter groundwater, Applieanrc shall be requited to line these structures. 24, The court hereby confirms conditional approprlative rights of exchange for the Bair Ranch Wolford Exchango and the Barr Ranch Ruedi Exchange as further described in Applicants' Fifth Claim, which exchanges shall operate in conjunction with the reservoir releases required pursuant to the augmentation plan described above in Applicants' Fourth Claim. 25. All water sights confirmed heroin are SUBJECT TO ALL EARLLWR PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the .Division Engineer of such priorities in accordance with law. 26. Should the Applicants desire to maintain the conditional water rights confitmcd herein, an Application for Findings of Reasoneble Diligence shall be filed in the same month of the sixth calendar year following entry of this deem, Artless a determination has been trade prior to that date that such conditional rights have been made absolute by reason of completion these appropriations, or are otherwise disposed of. 27. The court hereby approves the plan for augmentation described above in Applicatats' Fourth Claim. subject to the following terms and conditions which are intended to alleviate any potential injury to other vested water rights.. 13A] R-OSC W 1(4 -Ruling of the Rehm - FINAL ubt t7'4e iele 1J1: 945 739 6 `rr BAIR District Cour_ Water Division 5 Case No, 05CW ] 64 Application of Tames C. Bair, et el, Findings of Fact, Concluaions of Law, Ruling of Referee, Judgment end Decree Pape 14 (1 21 PAGE 20 a. Applicants hold and own vested water rights on Ike Creek and Spruce Creek below the strut res to be adjudicated in this proceeding. These structures ate situated such that reservoir releases pursuant to the above-described augtnentatiorr plan (which accrue to the Colorado River) will not physically provide augmentation water to these intervening vrater rights. To this extent, should ownership of the intervening water rights ever be severed from ownership of the augmented water rights described in this decree, this augmentation plan may terminate and out -of -priority water uses may be curtailed unless the iotervening local water rights are legally subordinated to the augmented water rights and the two exchanges decreed herein. b. The above-described augmentation plan estimates transit losses on reservoir releases to be ten percent (10%) of the amount of water released from storage. This transit loss estimate as accepted for the purposes of this decree but all actual transit losses are subject to changing conditions and shall be determined by the State and Division Engineer at the tittle that replacement releases are made. c. A copy of the Applicants' water supply contract with the Colorado River Water Conservation District shall be supplied to the court and the Division Engineer and, should said contract elver terminate, the plan for augmentation described above shalt cease to operate and all out -of -priority water uses shall be curtailed unless and until an alternate augmentation source is identified and approved by subsequent decree of this court (except to the extent Applicants may obtain approval of a temporary substitute water supply plant from the State and Division Engineers as allowed by law). 28. Pursuant to C.R.S. § 37-90-137(2), Applicant shall obtain a well permit for each of the wells described above prior to eoristruction or utilization of each of said structures. 29. Pursuant to C.R.S. § 37-92.305(8), in adnubistexing the augmentation plan, the Slate Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 30, Pursuant to CR.S. § 37-92.502(5), the Applicants shall install and maintain measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of the augmentat3orl plan. The Applicants shall also prepare and provide an annual report to the Division Engineer summarizing depletions and replacements pur cant to this pan on or before November 15 of each year. The timing and amount of augmentation releases shall be at the discretion and direction of the Division Engineer. 31. Pursuant to C.R.S, § 3792-304(6), the approval of the augmentation plan described above shall be subject to reconsideration on the question of injury to the vested rights of others for a period of five (5) calendar years following the date on which Applicants' 8A!a.D,CW 164 Ruling DI the Referee-5tNAt, FN 1 Ub/k78/2E' 1i 02:47 9457388 BAIR FFiE 21 District Court, Water Division 5 Case No, 05C114/ 164 Application of lames C. Flair, et al, Findings of fact, Crnctusions of Law, Ruling of Rcforcc, ludbrncni and Devoe Page 200 21 development roaches 75% build -out (which shall be doomed to occur when 75% of the projeetcd water demands described herein are realized and recorded in Applicants' annual accounting that is submitted to the Division Engineer). It is accordingly ORDERED that this puling of Referee shall be ailed with the Water Clerk and shall become effective upon such filing. subject to judicial review pursuant to C.R.S. 37-92-304, as amended, It is further ORDERED that a copy of this Ruing of Referee and judgment and decree Shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. ar DA t'tv this ) day ofA()U , 2007. cc: liatnilton Fleming Bare-OSCNi 4-RuEn oftilt Atrlreo-l')NAL FIN 7 EY THE R 1. ► lid LQ on. Lain Lea Water Referee, Water Division No. 5 State of Colorado lb../1)6( 2uk'i ( Ei2 4 7 9487988 FAIR Di!Jrri� Courr. Wakr DlrIsian 5 Con No. Olt V/164 /lpgl china of Dora C. Ea ;/. et sl. Plotting$ ofFM. Coockni iOrLa .RallncofRetmr,;udgmtiv¢ D2wee Peg'? -7 M21 4LIDOMrNT iroDECax1C HAUL •. f,�=11f l:'i7 f)ucttmfinl CO (ili rrcId Coon!), District Cort 9th 11) Filing Mile: Jun 4 2007 2:5801 WI' Piling 1I): 14.100579 &vim Clerk: 1 th full No glom wits fila] ;his mailer, sod BCsardiigly, the foregoing Rnlirts u aseurneJ anal itillgtAvd, the Meth and year for Sling an ApplicitIori for Fis of Reasonable Diligence rtgardinfi Ikea:o aiotwt weer its approved herein ohn1; be 20 /5 anted` out, xroser Cglna sre roadt absotoca prior or ace n Se disgpseti aL DATED IhiS QAy of , 2007. no: }Tamil/ on I! ec*rit PAIa-MCw1644.4ka elks &efefaFP14�L ON 1 1 k9b.' Uti•r d100.` ad: 4 BAIR '''..17.1. ;.i. . ,,.:,;::;•,,,.:(41: :° ': f.,,,:f.., - .e.° /4....,?,,V r,'.'/'''.•''''.'-`. :,...,•*A„..,,,.., . ,, i . ' .1 i.1!•i..,s,,i,....22 7,... ...,„:„....7„...!,' 11•1.L.' .!.tit' "4e. ,..%•'"",.."'-'.'s ., 1 ',„'', ..-4:1•:',C./ .•K...:;4;%5'`. ...1..,,,e.? s. :, ".., ,r,' -•• !M.. 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' '''''''' \;'‘Inq''''''•''141%•.1 .0 q. -fti,.'•%'• .4'.11 1" --N ',-,:!:• •.:A`t -' • ....:',"'•V't.-...-..?.):7'..4% ..,,,,,, .•,;/ ,/, •, .;• _ ,•, ,. --, 4 . • 4+,40.14, ,• 4, , • . .r ao ISOM & ASSOCIATES Architecture Land Planning Project Management March 8, 2005 Jim Hardcastle Senior Planner Garfield County Building & Planning 108 8`h Street , Suite 201 Glenwood Springs, CO 81601 RECEIVED MAR 0 9 2005 GARFIELD COUNTY BUILDING & PLANNING Re: Bair Ranch Special Use Permit Dear Jim: Per your letter dated February 3, 2005, concerning the Bair Ranch Special Use Permit, all of your requests for further clarification are answered as follows: 1. The number of beds that will provided under the Special Use Permit are listed as follows: Ranch Headquarters -- No tourist beds in this area Family Retreat Area - 0 Spruce Creek Lodge — 3 beds Caribou Cabin — 2 beds Hunting Cabin Area — 10 beds Wapiti Cabin Area — 5 beds Total — 20 Beds It is noted that the allowed maximum beds for the Special Use is 48 beds. Bair Ranch will not exceed this number. P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 The supportive structures for the Special Use Permit include the existing structures at the Ranch Headquarters which include: Large detached garage with driveway through it, children's play house/small fort, grain shed, machine shed — office, out house, quonset hut, lean to shed, two large barns with connected lambing shed, detached two car garage, small horse shed, saddle shop, three door equipment shed, and a tee -pee. Additional barns and sheds may be built in the ranch headquarters area of approximately 150 X 300 feet for the ongoing ranch operation. These would be located north west and west of the ranch headquarters. A detailed list of existing structures was attached as an appendix to the application. The existing and proposed buildings have been shown on the site plan. 2. The water consumption for the project has been listed by Zancanella & Associates in their attached letter. Caloia, Houpt & Hamilton PC have been hired to adjudicate the water rights for the project. There are 21.5 consumptive EQR's for the project. 3. The attached "Buildings Located on the Bair Ranch" lists all of the current structures on the Ranch and #1 above details the proposed and existing structure. 5. County Assessors Map is attached. 8. (1) The list of water for each area is listed in the letter from Zancanella and Associates Inc of February 23, 2005 which is attached. Electricity provided by Holy Cross Electric to all areas except the Lodge area which runs on a private Hydro -Electric system. Telephone is provided by CenturyTel (3) The Bair Ranch Special Use Permit does not impact the adjacent properties. All uses are located back from the highway, except the existing ranch residence and related agricultural buildings. All special use activities are located in valleys or plateaus out of sight from adjacent properties. If there are any more questions about this application, please contact this office. Sincerely, Cc: Craig & Doris Bair K404JimHardcastle021105 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 fro, Z*NC4NELL0 4140 45SO04TES, INC. ENGINEERING CONSULT4NTS February 23, 2005 Mr. Jim Hardcastle Garfield County Building and Planning Dept. 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Special Use Permit for Bair Ranch Dear Mr. Hardcastle: (970) 945-5700 (970) 945-1253 Fax As part of the January 17, 2005 special use permit application from Isom & Associates, we have been asked to supply information to you concerning the Bair Ranch water use and septic system requirements. Water Requirements As requested, we have investigated the water use requirements for the various Bair Ranch facilities. Table 1 presents the calculated water demand and consumptive use for the ranch. Table 1 is based on the EQR assumptions listed in Table 2. Table 1 shows the water requirements of the ranch after the future homes and lodges have been added. The property will require annual diversions of 15.0 acre-feet and will consumptively use 6.3 acre-feet. An augmentation plan for out -of -priority diversions, using Wolford Mountain Reservoir water, is being developed by Mark Hamilton with Caloia, Haupt, and Hamilton P.C. ISDS Requirements Soil types in the vicinity of the various ranch facilities have been identified to determine their suitability for ISDS leach fields. Figure 1 is a soils map taken from the USDA Soil Conservation Service mapping, titled, Soil Survey of the Aspen -Gypsum Area, Colorado (1992). The Bair Ranch boundary and approximate location of the facilities have been overlain onto the map. The soil types at each of the facilities are listed in the table below: Facilities Headquarters Bldg. Area, includes Bldgs. H-1 & H-2 Wapiti Cabin Area, Headquarters Bldg, H-3, Hunting Cabins Family Retreat Spruce Creek Lodge BAIR RANCH SOIL TYPES AT RANCH FACILITIES Soil Map No. Soil Classification Permeability 48 Fughes Stony Loam, 3-12% Slopes Anvik-Skylick-Sligting Association, 25- 11 50% Slopes 39 Evanston Loam, 6-25% Slopes 54 Grotte Gravelly Loam, 25-65% Slopes Slow Anvik-Moderate Skylick-Moderately Slow Sligting-Slow Moderate Moderately Slow Most of the Bair Ranch facilities are existing and use existing ISDS systems. As can be seen, some of the facilities are, or will be, located on soils with slow or moderately slow permeability, It is recommended that the ISDS systems that are constructed in the future should be designed by a professional engineer. Because of the size of Bair Ranch and the widely spaced nature of the existing ISDS systems, it is anticipated that they will continue to operate without detrimental effects to the groundwater of the area. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, P.E. (f4.1;(1 Bradley C. ek, Geologist Attachments cc: Steve Isom Z:125000\25303 Bair Ranch - ISOM\PandZ-WaterUse.doc Table 1 Bair Ranch Water Demand and Consumptive Use Summary (No Pond Evaporation) Potable Water Demands - Domestic Number ofEQR's No. ofpersons/RQ. No. gallons/person/day Percent Consumed Lawn Area's Application Eiciency Annual Lawn Grass Irrigation Requirement Potable Water - Domestic Lawn Area {korai) Pond Area 21.5 EQR / lot 3.5 cap /EQR's 100.0 gpcd 15% 5,000 sq -ft /lot 80% 1.90 f 2.5 acres 0.00 acres (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) January February March April May June July. August September October November December Diversion Requirements Consumptive Use Domestic Pond Contingency Total Pumping 1Domestic Pond Contingency Total In -House Outside Evaporation 5% 1 In -House Outside Evaporation 5a/o (ao-f) (ec0 (ec`t) (acy't) (acre -fes# () (ac -.1) la -fl (a« -)V *IV (acre-feet) 0.7 0.6 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.0 0.0 0.1 0.3 0.7 1.2 1.5 1.2 0.7 0.2 0.0 0.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.036 0.032 0.040 0.049 0.070 0.096 0.112 0.094 0.067 0.047 0.035 0.036 0.8 0.7 0.8 1.0 1.5 2.0 2.4 2.0 1.4 1.0 0.7 0.8 5.5 5.5 6.1 7.7 10.7 15.2 17.2 14.5 10.6 7.3 5.6 5.5 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.1 0.2 0.5 1.0 1.2 0.9 0.5 0.2 0.0 0.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,005 0.005 0.009 0.016 0.033 0.054 0.067 0.052 0.031 0.015 0.006 0.005 0.1 0.1 0.2 0.3 0.7 1.1 1.4 1.1 0.7 0.3 0.1 0.1 Total 8.4 5.9 0.00 0.715 15.0 - 1.3 4.7 0.00 0.298 6.3 (1) Equals No. of Residential EQR's times No. of Person / Residence (sea Table 1) times No. Osllons/Peraon/Day time Number of Days in Month. (2) Equals Potable Water - Domestic Irrigation tines Monthly CIR divided by Application Efficiency. (3) Equals Pond Area tiaras lake Evaporation. (4) Equals the sum of Columns (1 & 2) tutus presented percentage. (5) Equals the aunt of Columru (1 thru 3 ). (6) Equals Column (4) times 325851 divided by No. of Minutes in Month. (7) Equals Column (1) times Percent Consumed. (8) Equals Colman (2) times Irrigation Efficiency. (9) Equals Column (3), (10) Equals the sum of Cclunms (6 & 7) times presented percentage. (11) Equals the sum of Columns (6 thru 8), Zaacanella Associates Mc 2/22/2005 2:125000125303 Hair Ranch - ISOM\Water Ussgel .xis Table 2 Bair Ranch Consumptive Water Use Schedule Headquarter Building Area — Single family residence, existing spring Family Retreat Area — Existing Homestead Cabin on existing spring Hunting Cabin Area — 2 Bedroom with 4 beds — 400 gallons/day Wapiti Cabin Area — 4 Cabins, limited use 16 people @ 50 gallons/day Spruce Creek Lodge & Guest House — 2 bedrooms each 800 gallons/day Special functions — weddings, etc. Max 100 people @ 10 gallons/day/person 1000 gallons/day EQR 1.0 1.0 1.5 8.0 2.5 3.0 Future Home sites — 3 Homes - @ 400 gallons/day each = 1200 gallons/day 4.5 21.5 EQR Irrigation = 5000 square feet each EQR ISDS = 15% CU ZancaneHa & Associates, Inc. 2:125000125303 Bair Ranch - ISOM\Bair Ranch CU table.doc ISOM & ASSOCIATES Architecture Land Panning Project Management January 17, 2005 Jim Hardcastle Garfield County Building and Planning Department 108 8th Street Suite 201 Glenwood Springs, CO 81601 Re: Special Use Permit for Bair Ranch Dear Planning Office: REC', n V 1 . P1. i rriNii Accompanying is an application for a Special Use Permit for the Bair Ranch in conformance with Garfield County Land Use Regulations. The Special Use requested is "Resorts" under Section 3.02.03, Uses, Special, of the Agricultural/ Residential/Rural Density Zoning, Section 3.02. The "Resort" definition under Section 2.02.448 applies for all uses. Bair Ranch is located in Glenwood Canyon accessing off of 1-70. The Ranch has historically been used for hunting and boarding of hunters during the hunting season as well as horse back riding, sport recreational vehicle tours, hay rides, and special events such as family gatherings and weddings. The property operates under the name High Country Adventures. The Bair Ranch has been placed under a "Perpetual Conservation Easement" in an Agreement reached with the Bureau of Land Management of June, 2004. A copy of that Agreement is attached for your perusal. The Agreement covers approximately 1,524 acres in Garfield County located about 12 miles east of Glenwood Springs on the southern side of Interstate Highway 70 at the eastern end of Glenwood Canyon. The Agreement very specifically addresses the allowed uses of the Bair Ranch and any future development. This application for a Special Use Permit includes the uses and development allowed under the agreement with the BLM. The area of the Special Use is located in Township 5S, Range 87 W, Sections 15, 22, 23, 26, and 27 of the 6th P.M. Under the Agreement, the Future Land Uses are defined on page 16 and in Figure 7 of the attached Agreement. The uses listed are: P.D. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 Future Land Use The property will continue to be used primarily for sheep ranching for the foreseeable future. Guest ranching will also continue. Permitted uses include guest lodging, hunting, camping in the Ranch Building areas, horseback riding, snow -shoeing, guiding, outfitting, fishing, ATV and snowmobile tours on existing roads, and hay rides. The Conservation Easement states that existing buildings can be maintained, reconstructed, and in some cases enlarged by 10%. Grantor may construct one large new barn and two new cabins in the Ranch Headquarters area. Grantor may construct two new cabins in the Spruce Lodge Ranch Building Area. Grantor may relocate two existing cabins to within the Wapiti area. The Easement identifies three possible Home Sires, (Figure 7). Houses can be built in the three Home Sites subject to certain restrictions contained in the conservation easement. To bring the Future Land Uses of the Agreement into conformity with the Special Uses of a "Resort" in Garfield County would require a Special Uses Permit. The uses requested in the Special Use are as follows: 1. Dude Ranch or Guest Ranch for hunting, fishing, cross country or trail - skiing on the entire parcel. f✓/ '7 2. Horse back riding, hay rides, ATV and snowmobile tours on existing f� roads on the entire parcel.'"` 3. Two new cabins at the Ranch Headquarters and two new cabins in the Spruce Lodge Ranch Building Area. Two cabins may be relocated within the Wapiti Area. The total guest accommodations shall not exceed twelve (12) dwelling units or forty-eight (48) beds or visitor capacity. These are 2 existing lodges/guest houses at Spruce Creek Lodge Area, and 2 cabins at the Wapiti Cabins Area. 4. Day use for weddings, corporate retreats, family gatherings or similar uses not to exceed 100 people per unit. 1/4-4 S. The dining facilities and commissary to serve the above uses. biota - It is understood that the three possible Home Sites listed in the Agreement are not Special Uses but Use by Right in the A/RJRD Zone if on separate parcels. These three home - sites will be dealt with separately at a future date. All structures to be built will be subject to Garfield County Regulations and Building Permits. See attached maps locating all proposed uses or structures. Per the Application Schedule Requirements, the following are addressed: September 22, 2003 James Craig & Doris Bair Bair Ranch Company 66418 U. S. Highway 6 GIenwood Springs, CO 81601 Dear Mr. Craig and Mrs. Bair, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office shacketagarfield-county.com It has been brought to the attention of this office that a resort business called "High Canyon Adventures" is being operated on property owned by you at the above address. Please be advised that it is a violation of Colorado Revised Statutes 30-28-124 & 124.5, enabling Garfield County zoning regulations, to operate a resort unless a Special Use Permit has been approved by the county for that purpose. No Special Use Permit has been approved for this use. Our zoning regulations are available at the Garfield County Building and Planning Department, 108 8t' Street in Glenwood or online at (garfield-county.com). You are hereby given notice, pursuant to the above statutes, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statutes is a misdemeanor crime punishable by a fine of not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below, or by e-mail at the address above. Sincerely, Steve Hackett Compliance Officer 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 '(, ISOM & ASSOCIATES © Architecture Land Planning Project Management April 15, 2005 Fred Jarman Building & Planning Department Garfield County 108 8th Street, Suite 201 Glenwood Springs, CO 81601 TIVICIEV-VAD NPR 1S2 05 GARFIELD COUNl�G BOOING & PUS Re: Special Use Permit Bair Ranch Dear Mr. Jarman: 1 am in receipt of your letter of March 23, 2005 concerning the Bair Ranch and the on going issues for completion of the Special Use Application. Your points are addressed as follows: 1. Attached is another map showing the location of all existing structures that are part of the Special Use Application. We have shown the building locations and tried to show the set backs from the property lines. The pictures of all the structures and sizes where included with the Bair Ranch — Garfield Easement Documentation Report and the sizes where also included in our last submittal of March 8, 2005. 2. We have been trying to get on site to locate the existing springs for each use. There is not enough snow for snowmobiles and to muddy for vehicles. Hopefully in the next week or so we can get up there to GPS the location of all springs. 3. See number 1 above showing all structures. 4. As stated earlier, there are no deeds for this property. It has been in the family forever and has never been deeded. Check your County records for ownership which was submitted with the first application. P0. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 5. All of the utilities are in place, the street improvements are in place, and all the facilities are in place. We do not impact adjacent property owners. The owners welcome an opportunity to discuss this Special Use with the Board of County Commissioners and our continued attempts to satisfy all of the County requirements. I will keep you informed of our progress in locating and naming the springs. Regards, Stephen Isom Cc: Craig & Doris Bair K404FredJarman04 L 505 181 he e 3o its CALOIA, HOUPT & HAMILTON, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT MARK E. HAMILTON MARY ELIZABETH GEIGER CYNTHIA F. FLEMING 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 November 4, 2005 James Craig Bair Doris Bair 66418 Hwy. 6 Glenwood Springs, CO 81601 Re: Case No. 05CW1 b4; Water Rights Application Dear Mr. & Ms. Bair: NOV 0 7 2005 TELEPHONE (970) 945-6067 FACSIMILE (970) 945-6292 Sender's email: nrhain sopris.net Enclosed for your information is a copy of the Statement of Opposition that I received from the Colorado Water Conservation District with regard to the water rights application that this office filed for you on August 31, 2005. To my knowledge, this was the only Statement of Opposition filed in the proceeding. This is good news. The River District only opposes cases as a formality in order to ensure that a final water supply contract is actually agreed to and paid for. Once the contract is in place, they will withdraw this opposition. The next step in this process is for the Division Engineer to prepare comments regarding the Application. I would expect to receive these within about the next 45 to 60 days. At that point, we will know whether there are any substantial hurdles to finalizing this case. In the interim, please contact me if you have any questions. MEH/bb Enclosure cc: Steve Isom, w/encl. BAIR-05CW 164-Client-Itr-I Sincerely, CALOIA, Ok1PT :• l MILTON, P.C. 4 ark E. Hamilton DISTRICT COURT, WATER DIVISION NO. 5 STATE OF COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601 (970) 945-5075, 945-8756 fax ,► COURT USE ONLY CONCERNING THE APPLICATION FOR WATER RIGHTS OF: JAMES CRAIG BAIR AND DORIS BAIR in Garfield County, Colorado. Attorney for Applicant: Mark E. Hamilton, Esq. #24585 Jefferson V. Houpt, Esq. #17850 Caloia, Houpt & Hamilton, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067, 945-6292 fax email: mhamasopris.net; jhouptta,sopris.net Case No. 05CW APPLICATION FOR WATER RIGHTS, GROUNDWATER RIGHTS, WATER STORAGE RIGHTS, AND APPROPRIATIVE RIGHTS OF EXCHANGE, AND FOR APPROVAL OF PLAN FOR AUGMENTATION 1. Name, address and telephone number of Applicants: James Craig Bair Doris Bair 66418 U.S. Hwy. 6 & 24 Glenwood Springs, CO 81601 c/o Mark E. Hamilton, Esq. Caloia, Houpt and Hamilton, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 mham ansopris.net FIRST CLAIM FOR RELIEF: APPLICATION FOR WATER RIGHTS 2. Name of structure: Hunting Cabin Springs a. Location: The point of diversion is located in Section 22, Township 5 South, Range 87 West of the 6th Principal Meridian at a point 2,300 feet North of the South section line and 1,800 feet West of the East section line. BAIR-Application -1 E ILED Document DISTRICT COURT, WATER DIV. 5, COLORADO Court Address: Garfield County Courthouse 109 8th Street, Suite 104 Glenwood Springs, CO 81601 (970) 947-3861 A., u ultrraeal County DrStr.ret Court 9th J1 Filing Date: Oct 28 2005 9:17AM MDT Filing ID: 7303943 Review Clerk: Kathy IiaEl A COURT USE ONLY i CONCERNING THE APPLICATION OF: JAMES CRAIG BAIR AND DORIS BAIR, Garfield County, Colorado Attorneys for the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise: Name: Peter C. FIeming, #20805 Taylor E.C. Hawes, #2.8660 Kirstin M. Gillespie, #33989 Address: P. O. Box 1120 Glenwood Springs, CO 81602 Phone 4: (970) 945-8522 Fax #: (970) 945-8799 E-mail: pfleminge,crwcd.org thawes@crwcd.otg Case Number: 05CW 164 Div.: Ctrm.: kgillespie@crwcd.org STATEMENT OF OPPOSITION 1. Name, Address and Telephone Number of Opposer: Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise ("River District") P. O. Box 1120 Glenwood Springs, Colorado 81602 Telephone: (970) 945-8522 Facsimile: (970) 945-8799 Please direct all pleadings and correspondence in this matter to Peter C. FIeming, Taylor E.C. Hawes, and Kirstin M. Gillespie, counsel for the Opposer, at the foregoing address_ 2. Name of ditch or other structure: As referenced in the Application. 3. State facts as to why the application should not be granted or why it should be granted only in part or on certain conditions: District Court, Water Division 5, Colorado Case No,05CW164; Application ofjatnes Craig Bair and Doris Bair Statement of Opposition Page 2 of 3 A. The River District owns and operates the Wolford Mountain Reservoir Project Located on Muddy Creek, tributary to the Colorado River, and has contractual rights to water deliveries from Ruedi Reservoir. The River District also owns shares of the Eagle Park Reservoir Company, which owns and operates the Eagle Park Reservoir Project located in the Eagle River basin, tributary to the Colorado River. 13. The River District's water supplies are identified in the Application as a source of augmentation water. Pursuant to the River District's policies, use of those supplies must be made pursuant to contract between the user and the River District. The Applicant has made no such contract as of this date. Use of those supplies must be denied unless a contract is made pursuant to the River District's Water Marketing Policy. C. The River District's Wolford Mountain Reservoir supply may be operationally bundled with the River District's Ruedi Reservoir supply, and the release of water based exclusively on Wolford Mountain Reservoir water is not available under the River District's Water Marketing Policy. D. The River District reserves the right to raise additional objections at a later date founded upon the information not readily ascertainable from the Application. E. This Statement of Opposition is intended to be continuing in nature and to apply to any amendments to the Application deemed necessary by the Applicant or the Court without the necessity of filing any additional statements of opposition. Respectfully submitted on October 28, 2005. /s/* .. ;'";,r' ;4- )}" ",i F p -}y Le Peter C. Fleming, General Counsel #20805 Taylor E.C. Hawes, Associate Counsel 1428660 Kirstin M. Gillespie, Staff Attorney #33989 Attorneys for the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise *In accordance with C.R. C.P. 121 §1-26(9), this document has been electronically filed via www.lexisnexis.cont. A printed copy of this document with original signatures is maintained by the filing party and will be made available for inspection by other parties or the Court upon request. District Court, Water Division 5, Colorado Case No.05CW 164; Application of James Craig Bair and Doris Bair Statement of Opposition Page 3of3 VERIFICATION STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) I, R. Eric Kuhn, Secretary for the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise, state that I have read the foregoing Statement of Opposition and verify its content. rr Isl* R. Eric Kuhn, Secretary Subscribed and sworn to before me on October 28, 2005. WITNESS my official hand and seal. My Commission Expires: ichols, Nota Public My COmmisston Expires 0711112007 CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing STATEMENT OF OPPOSITION will be e -filed and served upon the following parties through www.lexisnexis.com within twenty-four (24) hours of this date, October 28, 2005, or deposited in the United States Mail, first class, postage prepaid, as follows: Mark E. Hamilton, Esq. Caloia Houpt & Hamilton, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 mharnesopris.net Attorneys for James Craig Bair & Doris Bair L Echols *1n accordance with C. R.C.P. 121 §1-26(9), this document has been electronically filed via www.lexisnexis.com. A printed copy of this document with original signatures is maintained by the filing party and will be made available for inspection by other parties or the Court upon request. 68/19/2008 10:28 9457380 BAIR PAGE 11 ENVIRO-CHEM ANALYTICAL, INC. RECEIVED FEB 2 52009 GARFIELD ki k41 COUNTY ANALYTICAL `TESTING LAnORATM'CUI NG W, '3 ' nisO1, Suite $10E1. Grand Ji rl tiOn. CO &1 sot -7249. (970) 24-1 4, FAX (P7(1) 245-9270 To: Doris Bair 66418 Hwy 6 Glenwood Spgs, CO 81601 Date: Aug_ 9, 2008 No: ECAJDB 08-01 SAMPLE IDENTIFICATION Submitted by: D. Bair Date Sampled: July 29, 2008 Sample I.D.: Water, see below Date Received: July 29, 2008 Comments: Kept 4C till tested Date Tested: July 29 -Aug. 8, 2008 RESULTS Parameter Lodge/Caribou Total Coliform Absent Fecal Coliform Absent pH 7.44 Conductivity 473.9 umhos/cm TDS 361 mg/L Chloride 6.76 ragfL Sulfates 84.38 mg/L Hardness 150.3 mg/L Calcium 48,7 rte. Magnesium 6.96 mg/L Sodium 4.29 mg/L Potassium 1.50 mg'L Iron 0.02 mg/L Nitrate <0.13 Heel. Results submitted by Enviro-Chem Analytical. Inc. 21044 klifoosp40.4 Liese K. Thompson Lab Director P.O. Box 190E 1011 Grand Avenue Glenwood Springs, CO 81602 Z4 MCANELL4 ANO 4ssocl4rE5, If'ic. de/ ENGINEERING CONSULT4NTS September 10, 2008 Steve Isom Isom & Associates P.O. Box 9 Eagle, CO 81631 Re: Bair Ranch Septic Systems Dear Steve: (970) 945-5700 (970) 945-1253 Fax On August 28, 2008. you requested that we prepare a map showing the relative locations of three septic systems located on the Craig and Doris Bair ranch, namely, systems installed at the guest facilities known as the Golden Le -Grand Lodge, Caribou Cabin, and the Wapiti Cabins. The general locations of these systems are indicated on the attached map, Figure 1. The map also shows the ranch boundary in Garfield County. It may be noteworthy that the area thus depicted consists of approximately 1,475 acres. It may also be of interest that the distance from the Wapiti system to the Caribou system is about 4,900 feet, and that the distance from the Caribou system to the Lodge:system is about 800 feet. If you have any questions, please call (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, PE S. Collin Robinson, El Attachment 2:125000\25303 Bair Ranch - ISOM120081SepticDist.doc Page 1 of 1 33 i 34 Bair Ranch Private Land DATE: 08 SEP 2008 MAP TITLE: General Septic System Locations DRAWN 13Y: SCR CHECKED BY: TAZ APPROVED BY: TAZ CLIENT: Bair Ranch e� Z.mlc rr1E11A AND ASNOCIAIIWZr, lef % Etustmeenstaa Consutriinirs POSTOFFFHCE BOX 1905- 1011 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 01603 (9701945-5700 FIGURE No: 1 PROJECT: 25303 ao ISOM & ASSOCIATES Architecture Land Planning Project Management February 20, 2009 Craig Richardson Garfield County Building & Planning Department 108 Eight Street Suite 401 Glenwood Springs, Colorado 81601 RE: Bair Ranch Special Use Application Dear Craig: RECEIVED FEB 2 3 2009 GARFIELD COUNTY BUILDING & PLANNING Craig and Doris Bair would, once again, would like to request a 9 month extension of their Conditional Approval by the Board of County Commissioners for the Bair Ranch Special Use Permit. On or about September 8, 2008, the Board of County Commissioners extended the Permit Approval to March 30, 2009. We have been working with Andy Schwaller to resolve all issues for the Building Permits. We met with Andy on November 21, 2008, and came up with a definitive list of what needs to be completed. See attached letter of November 26, 2008, with that list. Since then the weather has not cooperated and the Bair's have not been able to complete the improvements because of the snow build up at the lodge and cabins. The extension requested would be from March 30, 2009 until December 31, 2009. We will get this work completed in this time frame. Your continued cooperation in this matter is greatly appreciated. Sincere' yours, Stephen om CC: Craig and Doris Bair K404CraigRichardson022009 P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 gC2 ISOM & ASSOCIATES Architecture Land Planning Project Management November 26, 2008 Doris and Craig Bair 66418 Highway 6 Glenwood Springs, Colorado 81601 RE: Bair Ranch Dear Doris and Craig: I met on site with Andy Schwaller, Head Building Inspector of Garfield County, on Friday, November 21, 2008. I believe we have simplified all the requirements down to the following: Lodge: 1 1/4" to 2" hand rails on both sides of stairway going up to the front door. Also on the railings both sides from main floor to upper bedroom area. Handicap ramp off northwest corner of deck with 1 to 12 maximum slope and railings on each side. Minimum width 42". Provide a second handicap ramp at kitchen door or off the side deck. Provide a small ramp for the one step in the deck. Provide vented hood over the cooking range plus Ansul fire suppression system inside the hood. See attached spec. Provide electronic shut off for gas to the range next to the door going out of the kitchen to the outside. Provide a top rail on the second floor decks to bring them up to 42". Upstairs bath is OK to meet the requirement for a second women's toilet. No change is necessary. The live floor load on the main floor of the lodge has to be 100 pounds per square foot. Sean Kerrigan of J & K, Inc. has stated that the existing floor will handle a 100 pound live load. Caribou Cabin: Either raise the ground level to less than 30" on the northwest comer of the deck or provide a fixed seating area with a backrest on this comer. A short railing would also work. Cabin is for family use only. Wapiti Cabins and Restroom: - Gripable handrail going up stairs each side to restroom. - Battery operated smoke detector in all hunting cabins. - Provide an access ramp at the south end of the deck for the restroom. P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 It looks like this is all that is required but the Ansul fire suppression system can be expensive unless you find a used one coming out of an existing restaurant. Give me a call or we can meet to go over these requirements. Generally, Andy was trying to help as much as possible. Sincerely yo Stephen . om K404DorisandCraigBair112608 Chris Chappelle Page 1 of 1 oc+-o con,0/ From: Craig Richardson Sent: Monday, March 17, 2008 9:11 AM To: Chris Chappelle Subject: Bair Ranch Conditions 1) The maximum number of overnight guests staying at the resort shall be 48; 4) Any lighting installed at the resort shall be directed downward and inward; 5) The Applicant shall provide a Water Quality Analysis for each of the six wells located on the subject property demonstrating compliance with state drinking water standards; 6) The Applicant shall provide an approved water well permit from the Colorado Division of Water Resources, for the four (4) un -permitted wells identified in Exhibit J, a letter from Cynthia Love, Office of the State Engineer, allowing for the proposed uses prior to the issuance of the Special Use Permit; 7) The Applicant shall obtain building permits for all illegal structures located on the subject property prior to the issuance of the Special Use Permit; 8) The Applicant shall obtain ISDS permits for all un -permitted systems on the subject property prior to the issuance of the Special Use Permit; 9) The Applicant shall comply with Colorado Water Quality Control Division Policy Number WQSA-6: Multiple Individual Sewage Disposal Systems; 10) All conditions of approval shall be completed within twelve (12) months of the date of the Board of County Commissioners (the Board) approval, if conditions have not been met, at the Board's discretion an extension of three (3) months may be granted if requested by the Applicant prior to the expiration of the twelve (12) month time period, the Board may also require that the operation of a resort on the subject property cease and the Special Use Permit approval may be revoked; Craig Richardson Senior Planner Garfield County 108 8th Street Suite 401 Glenwood Springs,CO 81601 970-945-8212 970 -384 -3470 -Fax crichardson@garfield-county.com IF„ Please consider the environment before printing this e-mail. 3/17/2008 Fred Jarman From: Cathi Edinger Sent: Monday, February 23, 2009 1:40 PM To: Andy Schwaller; Fred Jarman Cc: Chris Chappelle Subject: Bair Ranch It appears that the SUP Permit has not been issued for Bair Ranch. In the Resolution it said they had 9 months to complete the conditions with a possibility of a 3 month extension if BOCC approved. The original approval was granted at the October 15, 2007 BOCC meeting. I see the BP & Septic applications have landed in my area. With pending sign off by planning for final SUP permit. What's up with the conditions?? It looks like they have exceeded their time limits?? I'm holding on to it until I hear differently! Thanks, Cathi 1 06 Craig Richardson 1 01 lob, - Page 1 of 2 From: kathi Rozzi Sent: Wednesday, October 29, 2008 8:41 AM To: Craig Richardson Subject: Bair Ranch Here you go Mr. Man; one day you had to catch me late CONSIDER AN EXTENSION OF THE CONDITIONAL APPROVAL OF THE BAIR RANCH RESORT SPECIAL USE PERMIT. APPLICANTS ARE CRAIG AND DORIS BAIR — CRAIG RICHARDSON Craig Richardson, Craig and Doris Bair, and Steven Isom were present. Background The Board of County Commissioners approved a Special Use Permit to allow a Resort on a property owned by James Craig and Doris Bair on December 3rd, 2007 memorialized in Resolution No. 2008-46. As approved by the Board all conditions of approval shall be completed within nine (9) months of the date of the Board of County Commissioners (the Board) approval, if conditions have not been met, at the Board's discretion an extension of three (3) months may be granted if requested by the Applicant prior to the expiration of the nine (9) month time period, the Board may also require that the operation of a resort on the subject property cease and the Special Use Permit approval may be revoked. Request Staff received a request for an extension an August 27th, 2008. In a letter provided by the Applicant's representative; it is stated that all work on the septic system and building permit applications have been completed. However; as of Wednesday, September 3, 2008 complete building and septic permit applications have not been submitted to the Building and PIamung Department. Craig explained there were 8 conditions and condition number 8 stated; all conditions of approval needed to be completed within 9 months, or the applicant shall submit a request, and up to 3 months may be grounded at the Boards discretion. Craig ijotith, also went over condition number 3; the applicant shall submit a water quality analysis for each of the 6 wells, Craig was now informed there are 3 wells and 3 springs. Craig feels this is something the Board may want to discuss; what is in the 5:application may not be what is on the ground. Also required is a submittal of well permits, for the 4 unpermitted wells, and (-11.1k41/this is another discrepancy. The applicant shall obtain building permits for the illegal structures on the property. On Friday the applicant submitted septic and building permits; they are missing the plan check fees, which was required at the time of submittal. Craig reminded the Board that this issue goes back to 2003 when Steve Hacket (Code enforcement officer), first addressed this with the property owners. The request today is an extension; but there is also the issue of the representations, in the application, not being what exists on the site today. Steven said there is only one well that is actually a public well; it is used for the Lodge and Caribou Cabins, they tested it, and it is fine. The rest are in-house use only, and he would like to amend this to be one well used for a public well. It will be tested and the other there is no point for in-house. Commissioner McCown asked; when you say in-house domestic, what do you use them the for. Steven said they are using the Bair's personal house; they have 2 houses there and they have their own domestic wells, which are normally not tested. They have tested the one that is used for the lodge where they have public use; that well is fine. Commissioner McCown asked; we have gone from 4 wells to 1 well. Steven said there is only I well that is actually used as public consumption. Commissioner McCown asked if any springs were being used and Steven stated no, they are all used for irrigation. Commissioner Houpt asked what was the reference to the 6 wells. Steven said in the filing; since they never filed with the water court all of the streams and the in-house domestic wells, we had to file all of them. He stated it took 6 months to get through water court; it has all been done. Commissioner McCown stated he did not have the original application in front of him; but it seems like some of these were remote locations and they are all tied into this well? Steve said no, the others are picnic areas, a hunting cabin, and they use bottled water for those areas; the only water they have up there is for flushing toilets. Craig stated his only concern is that there is running water to those cabins, and what we are hearing today is not what was represented in the application. Craig said they say they have signs for non -potable water; but if it is running, chances are it could still be consumed. Chairman Martin said that goes back to a lot of the old places that having running springs; they weren't recorded, and didn't get a permit simply because they didn't want to get a permit, but they were using the water and had claim to it. This was way before the courts. Commissioner Houpt asked; are those remote cabins being used by the public or just the family. 10/2912008 Page 2of1. Stephen said the hunting cabins have no water, they use bottle water, and we have one common old mobile toilet up on Vail Mountain for all the hunting camps. It has its own septic system; there is no use of potable water. Chairman Martin asked Steve if he though 3 months was enough time to get things in order. Steve said he would love to have 6. Commissioner McCown — I make a motion we grant an extension until March 30, 2009 for the completion of this conditional use permit. Commissioner Houpt — Second. Steve asked; on testing the one well that is used instead of the 6 wells. Commissioner Houpt said she is still not clear on which wells run to which facilities. The original application talked about 6 and then you talked about testing 4..... Commissioner McCown stated he has 6 months to clear that up with staff and Chairman Martin and Commissioner Houpt agreed. Craig said his concern is that the condition states; he then explained the 6 wells came from the State engineer and she included the springs. The condition actually says the 6 unpermitted welts Commissioner Houpt — I would support testing it; just to get everything on the table; but, you can work it out, as Larry said with the stat Chairman Martin restated the motion on the floor is to continue until March 20, 2009, all in favor. In favor: Houpt — aye McCown — aye Martin - aye 10/29/2008 06107!2025 16:12 9703286266 ISOM AND ASSOCIATES PAGE 02 Bair Ranch -- Springs Serving the Resort Hunting Cabin Spring - N 39° 36, 004' W 107° 07..904' 12 GPM Marble Spring N 39° 35.806' (Wapiti) W 107° 08.035' 15 GPM Homestead Spring N 39° 35.834' W 107° 07.102' 15 GPM Spruce Spring Lodge & Caribou Cabins N 39° 35.537' W 107° 06.979' 14 GPM Main Residence's Spring N 39° 36.725' W 107° 07,845' 20 GPM Datum WGS -84 K4&4Sp°gi053105 ISOM & ASSOCIATES Architecture Land Planning Project Management June 13, 2007 Fred Jarman Assistant Planning Director,Garfield County 108 8th Street Suite 201 Glenwood Springs, 81601 RE: Bair Ranch Dear Fred: Accompanying is a copy of the Water Right Decree for the Bair Ranch along with the cover letter by Mark Hamilton. I would like to reactivate the Special Use Permit that was requested from Garfield County at this time. Please advise how this request is to be implemented. My phone number is (970) 328-2388. Regards "7/-1(4AF'N- ephe r Isom CC; Craig and Doris Bair K404 FredlarmanGarfieldeounty061307 1 4 2007 BUILDING & PLANNING P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 DISTRICT COURT, WATER DIVISION NO. 5 COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601 (970) 945-5075, 945-8756 fax •COURT USE ONLY AL CONCERNING THE APPLICATION FOR WATER RIGHTS OF: JAMES CRAIG BAIR AND DORIS BAIR in Garfield County, Colorado. Case No. 05CW164 STIPULATION WITH COLORADO RIVER WATER CONSERVATION DISTRICT The Applicants, through their attorneys, CALOIA, HOUPT & HAMILTON, P.C., and the COLORADO RIVER WATER CONSERVATION DISTRICT, acting by and through its Colorado River Water Projects Enterprise ("River District"), through counsel, stipulate and agree as follows: 1. The River District filed a timely statement of opposition in this matter. Since such time, the Applicants have obtained a water supply contract (No, CW0S011) from the River District for 7.6 acre- feet of Colorado River supply. 2. The River District hereby consents to entry of a decree in this proceeding containing terms and conditions no less restrictive upon Applicants than the terms and conditions set forth in the proposed decree attached as Exhibit A to this Stipulation. 3. The parties shall each bear their own attorneys' fees and costs in this proceeding. The River District does not desire to participate in further proceedings in this matter, provided however that it shall be copied with any ruling of the referee or decree in this matter so as to ensure its consistency with the terms and conditions set forth in this stipulation. 4. This stipulation shall inure to the benefit of, and be binding upon the parties' heirs, successors and assigns. DATED this 1 day of N"l `z v `,-, 2006. CALOIA, OUPT & HAMIL TON, P.C. Attorneys rAppljc4ts Mark E. Hamilton, No. 24585 BAIR-05CW164-Stipulation with River District (Nov I02006).doc FNI District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 2 of 2 BAIR-05CW 164 -Stipulation with River District {Nov 10 2006}.doc FN1 £.C. Peter C(Jlerning, No. 20 : t 5 Taylor E. Hawes, No. 28660 Counsel for the River District DISTRICT COURT, WATER DIVISION NO. 5 COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601 (970) 945-5075, 945-8756 fax ♦COURT USE ONLY • CONCERNING THE APPLICATION FOR WATER RIGHTS OF: JAMES CRAIG BAIR AND DORIS BAIR in Garfield County, Colorado. Case No. 05CW164 FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE, JUDGMENT AND DECREE The above -entitled Application was filed on August 31, 2005. The Application was thereafter referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S., known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the Application are true, having consulted with the Division Engineer, and having become fully advised with respect to the subject matter in the Application, does hereby make the following Findings of Fact, Conclusions of Law, Judgment and Decree in this matter: FINDINGS OF FACT 1. Name, address, and telephone number of the Applicants: James Craig Bair & Doris Bair 66418 U.S. Hwy. 6 & 24 Glenwood Springs, CO 81601 c/o Mark E. Hamilton, Esq. CALOIA, HOUPT AND HAMILTON, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 mham@chhpc.com BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN1 District Court, Water Division 5 Case No. 05CW154 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 2 of 20 2. Timely and adequate notice of filing of this Application was given as required by law, and the court has jurisdiction over the subject matter of this proceeding and over all persons and water rights affected thereby, whether they have appeared or not. 3. The time for filing statement of opposition has passed. One timely statement of opposition was filed by the Colorado River Water Conservation District on October 28, 2005. This opposition has been resolved by stipulation, a copy of which is in the court file. First Claim for Relief: Confirmation of Conditional and Absolute Surface Water Rights 4. The Applicants request confirmation of three absolute and one conditional surface water right, described as follows: a. Hunting Cabin Springs. Location: The point of diversion is located in Section 22, Township 5 South, Range 87 West of the 6th Principal Meridian at a point 2,300 feet North of the South section line and 1,800 feet West of the East section line. ii. Source: Near surface groundwater tributary to Ike Creek; tributary to the Colorado River. iii. Date of initiation of appropriation: December 31, 1983. iv. Date water applied to beneficial use: December 31, 1983. v. Amount claimed: 0.033 c.f.s., absolute. vi. Uses: irrigation, fire protection, domestic, commercial, stock watering. 1. Location and quantity of irrigated area: Up to 0.25 acres within that portion of the Bair Ranch located within the Ike Creek drainage. vii. Owner of land upon which structure is located: Applicants. viii. Remarks: water from this structure will be collected at a depth of less than 10 feet unless Applicants first seek approval of a groundwater right for this structure and obtains a well permit. BAIR-05CW 164 -Ruling of the Referee (Nov 10 2006).doc FN I District Court, Water Division 5 Case No. 05CW 164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 3 of 20 b. Marble Springs. Location: The point of diversion is located in Section 22, Township 5 South, Range 87 West of the 6111 Principal Meridian at a point 1,100 feet North of the South section line and 2,420 feet West of the East section line. ii. Source: Near surface groundwater tributary to Ike Creek; tributary to the Colorado River. iii. Date of initiation of appropriation: December 31, 2000. iv. Date water applied to a beneficial use: December 31, 2000. v. Amount claimed: 0.045 c.f.s., absolute. vi. Uses: irrigation, fire protection, domestic, commercial, stock watering. 1. Location and quantity of irrigated area: Up to 0.25 acres within that portion of the Bair Ranch located within the Ike Creek drainage. vii. Owner of land upon which structure is located: Applicants. viii. Remarks: water from this structure will be collected at a depth of less than 10 feet unless Applicants first seek approval of a groundwater right for this structure and obtains a well permit. c. Homestead Spring. Location: The point of diversion is located in Section 23, Township 5 South, Range 87 West of the 6th Principal Meridian at a point 1,300 feet North of the South section line and 1,950 feet East of the West section line. ii. Source: Near surface groundwater tributary to Spruce Creek; tributary to the Colorado River. iii. Date of inanition of appropriation: December 31, 2000. iv. Date water applied to beneficial use: N/A v. Amount claimed: 0.033 c.f.s., conditional. BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN1 District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 4 of 20 vi. Proposed uses: irrigation, fire protection, domestic, commercial, stock watering. 1. Location and quantity of irrigated area: up to 0.25 acres within that portion of the Bair Ranch located within the Spruce Creek drainage. vii. Owner of land upon which structure is located: Applicants. viii. Remarks: water from this structure will be collected at a depth of less than 10 feet unless Applicants first seek approval of a groundwater right for this structure and obtains a well permit. d. Spruce Lodge Spring. Location: The point of diversion is located in Section 26, Township 5 South, Range 87 West of the 6th Principal Meridian at a point 450 feet South of the North section line and 2,500 feet East of the West section line. ii. Source: Near surface groundwater tributary to Spruce Creek; tributary to the Colorado River. iii. Date of initiation of appropriation: December 31, 1999. iv. Date water applied to beneficial use: December 31, 1999. v. Amount claimed: 0.033 c.f.s., absolute. vi. Uses: irrigation, fire protection, domestic, commercial, stock watering. 1. Location and quantity of irrigated area: up to 0.25 acres within that portion of the Bair Ranch located within the Spruce Creek drainage. vii. Owner of land upon which structure is located: Applicants. viii. Remarks: water from this structure will be collected at a depth of less than 10 feet unless Applicants first seek approval of a groundwater right for this structure and obtains a well permit. BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN 1 District Court, Water Division 5 Case No. 05CW 164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 5 of 20 Second Claim for Relief: Confirmation of Conditional Groundwater Rights 5. The Applicants also request confirmation of four conditional underground water rights described as follows: a. Marble Well. Legal Description of Well: The point of diversion is located in Section 22, Township 5 South, Range 87 West of the 6th Principal Meridian at a point 1,100 feet North of the South section line and 2,390 feet West of the East section Iine. ii. Source: groundwater tributary to Ike Creek, tributary to the Colorado River. iii. Depth: Approximately 50 feet. iv. Amount claimed: 20 g.p.m., conditional. v. Date of initiation of appropriation: August 25, 2005. vi. Appropriation was initiated by: formation of intent to appropriate and field inspection of well site. vii. Date water applied to beneficial use: N/A. viii. Proposed uses: irrigation, fire protection, domestic, commercial, stock watering. 1. Number of acres and location of area to be irrigated: up to 0.25 acres within that portion of the Bair Ranch located within the Ike Creek drainage. ix. Owner of land on which structure is located: Applicants x. Remarks: Marble Well will be constructed located within 100 feet of an unnamed tributary of Ike Creek. b. Hunting Cabin Well. BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN I District Court, Water Division 5 Case No. 05C W 164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 6 of 20 Legal Description of Well: The point of diversion is located in Section 22, Township 5 South, Range 87 West of the 6th Principal Meridian at a point 2,340 feet North of the South section line and 1,800 feet West of the East section line. ii. Source: Groundwater tributary to Ike Creek, tributary to the Colorado River. iii. Depth: Approximately 50 feet. iv. Amount claimed: 15 g.p.m., conditional. v. Date of initiation of appropriation: August 25, 2005. vi. Appropriation was initiated by: formation of intent to appropriate and field inspection of wellsite. vii. Date water applied to beneficial use: N/A. viii. Proposed uses: irrigation, fire protection, domestic, commercial, stock watering. 1. Nunzber of acres and location of area to be irrigated: up to 0.25 acres within that portion of the Bair Ranch located within the lke Creek drainage. ix. Owner of land on which structure is located: Applicants. x. Remarks: Hunting Cabin Well will be constructed located within 100 feet of an unnamed tributary of Ike Creek. c. Spruce Lodge Well. Legal Description of Well: the point of diversion is located in Section 26, Township 5 South, Range 87 West of the 6th Principal Meridian at a point 420 feet South of the North section line and 2,510 feet East of the West section line. ii. Source: groundwater trtbut ry to Spruce Creek, tributary -to -the -Colorado River. iii. Depth: approximately 50 feet. BAIR-05CW 164 -Ruling of the Referee (Nov 10 2006).doc FN 1 District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 7 of 20 • iv. Amount claimed: 15 g.p.m., conditional. v. Date of initiation of appropriation: August 25, 2005. vi. Appropriation was initiated by: formation of intent to appropriate and field inspection of well site. vii. Date water applied to beneficial use: N/A. viii. Proposed uses: irrigation, fire protection, domestic, commercial, stock watering. 1. Number of acres and location of area to be irrigated: up to 0.25 acres within that portion of the Bair Ranch located within the Spruce Creek drainage. ix. Owner of land on which structure is located: Applicants. x. Remarks: Spruce Lodge Well will be constructed located within 100 feet of Spruce Creek. d. Homestead Well. Legal Description of Well: the point of diversion is located in Section 23, Township 5 South, Range 87 West of the 6th Principal Meridian at a point 1,300 feet North of the South section line and 1,980 feet East of the West section line. ii. Source: groundwater tributary to Spruce Creek, tributary to the Colorado River. iii. Depth: approximately 50 feet. iv. Amount claimed: 15 g.p.m., conditional v. Date of initiation of appropriation: August 25, 2005. vi. Appropriation was initiated by: formation of intent to appropriateand field inspection of well site. vii. Date water applied to beneficial use: N/A. BAIR-05CW 164 -Ruling of the Referee (Nov 10 2006).doc FN 1 District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee. Judgment and Decree Page 8 of 20 viii. Proposed uses: irrigation, fire protection, domestic, commercial, stock watering. 1. Number of acres and location of area to be irrigated: up to 0.25 acres within that portion of the Bair Ranch located within the Spruce Creek drainage. ix. Owner of land on which structure is located: Applicants. x. Remarks: Homestead Well will be constructed located within 100 feet of an unnamed tributary of Spruce Creek. Third Claim for Relief: Confirmation of Absolute Storage Water Rights 6. The Applicants also request confirmation of three conditional water storage rights, described as follows: a. Marble Pond. Legal Description: the pond is situated in Section 22, Township 5 South, Range 87 West of the 6th Principal Meridian approximately 1,070 feet North of the South section line and 2,430 feet West of the East section line. ii. Source of water to fill reservoir: Marble Springs; tributary to Ike Creek; tributary to the Colorado River, iii. Amount claimed: 0.50 acre-feet, absolute. iv. Date of initiation of appropriation: December 31, 2000. v. Date water applied to beneficial use: December 31, 2000. vi. Uses: piscatorial, recreation, wildlife watering, fire protection, stock watering. vii. Surface area of high water line: approximately 0.30 acres. 1. Maximum height of darn: 10 feet. 2. Length of dam: Approx. 200 feet. viii. Total capacity of reservoir: 0.50 acre-feet. BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doe FNI District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 9 of 20 1. Active storage: 0.50 acre-feet. 2. Dead storage: 0.00 acre-feet. ix. Owner of land upon which structure is located: Applicants. x. Remarks: Marble Pond is an on -channel storage structure. b. Wapiti Pond. Legal Description: the pond is situated in Section 22, Township 5 South, Range 87 West of the 61h Principal Meridian approximately 2,330 feet North of the South section line and 2,620 feet West of the East section line. ii. Source of water to fill reservoir: Marble Springs; tributary to Ike Creek; tributary to the Colorado River. iii. Maximum rate of fill: 0.1 c.f.s. iv. Amount claimed: Approx. 0.72 acre-feet, absolute. v. Date of initiation of appropriation: December 31, 2000. vi. Date water applied to beneficial use: December 31, 2000. vii. Uses: piscatorial, recreation, wildlife watering, fire protection, stock watering. viii. Surface area of high water line: approx. 0.36 acres. 1. Maximum height of dam: 10 feet. 2. Length of dam: 300 feet. ix. Total capacity of reservoir: approx. 0.72 acre-feet. 1. Active storage: approx. 0.72 acre-feet. 2. Dead storage: none x. Owner of land upon which structure is located: Applicants. xi. Remarks: Wapiti Pond is an off -channel storage structure. BA1R-05CW 164 -Ruling of the Referee (Nov 10 2006).doc FN 1 District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 10 of 20 c. Spruce Pond. i. Legal Description: The pond is situated in Section 23, Township 5 South, Range 87 West of the 6t Principal Meridian approximately 250 feet North of the South section line and 2,760 feet West of the East section line. ii. Source of water to fill reservoir: Spruce Creek; tributary to the Colorado River. Amount claimed: 1.56 acre-feet. iv. Date of initiation of appropriation: December 31, 1999. v. Date water applied to beneficial use: December 31, 1999. vi. Amount claimed: 0.033 c.f.s., absolute. vii. Uses: piscatorial, recreation, wildlife watering, fire protection, stock watering. viii. Surface area of high water line: 0.78 acres. 1. Maximum height of dam: 10 feet. 2. Length of dam: Approx. 400 feet. ix. Total capacity of reservoir: approx. 1.56 acre-feet. 1. Active storage: approx. 1.56 acre-feet. 2. Dead storage: none x. Owner of land upon which structure is located: Applicants. Fourth Claim for Relief: Approval of Plan for Augmentation 7. The Applicants also request confirmation of a plan for augmentation, which is further described as follows: a. Structures to be augmented: all structures described above b. Water rights to be used for augmentation: Applicants have entered into a water supply contract (No. CW05011) with the Colorado River Water Projects Enterprise of the Colorado River Water Conservation District ("CRWCD"), for BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN I District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 11 of 20 7.6 acre-feet of stored water deliverable from one or more of the following sources: i. Wolford Mountain Reservoir. The CRWCD owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights. 1. Case No. 87CW283: Decree Date: November 20, 1989 Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears S. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was made absolute for all purposes by decree entered in Water Court Case No. 02CW107. Appropriation Date: December 14, 1987 Uses: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the CRWCD for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987 between the CRWCD and the City and County of Denver. 2. Case No. 95CW281: Decree Date: August 26, 1997 Legal description of place of storage: The dam is located in the SW 1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as -built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the CRWCD, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 12 of 20 Sta. 19+35.61 to Sta. 0+00 being S. 75°28'29" E. Source: Muddy Creek and its tributaries Amount: 6,000 acre feet conditional Appropriation Date: January 16, 1995 Uses: All beneficial uses by and for the benefit of the inhabitants of the CRWCD, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. 3. Case No. 98CW237: Decree Date: July 6, 2000 Legal Description of place of storage: Same as for. 95CW281. Source: Muddy Creek and its tributaries. Amount: 30,000 acre feet conditional with 15,895 acre feet being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998 Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the CRWCD for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the CRWCD, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN 1 District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et A. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 13 of 20 Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 acre feet) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicants' contractual relationship with Denver, or the Reservoir capacity (6,000 acre feet) which is allocated for Colorado River endangered fish releases. ii. Ruedi Reservoir. The CRWCD holds Contracts No. 009D6C0111, 009D6C0118, and 039F6C0011 from the United States Bureau of Reclamation for 1,730 acre feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and as substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. 1. Legal Description of place of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11, and 14 through 18. T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section 7, Y. 8 S., R. 84 W. of the 6th P.M. bears N. 82E10'W. a distance of 1,285 feet. 2. Source: Fryingpan River. 3. Previous Storage Decrees: (a) Civil Action No. 4613: Decree Date: June 20, 1958 Court: Garfield County District Court Amount: 140,697.3 acre feet, reduced to 102,369 acre feet pursuant to order of the Water Court in Case No. W-789- 76. The full amount was made absolute in Case No. 88CW85. Appropriation Date: July 29, 1957 -Uses: --Domestic, municipal,, irrigat6ion, generation of electrical energy, stock watering and physical. (b) Case No. 81CW34: BA1R-05CW164-Ruling of the Referee (Nov 10 2006).doc FN 1 District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 14 of 20 Decree Date: April 8, 1985 Court: District Court, Water Div. No. 5 Amount: 101280 acre feet (refill); of this amount, 44, 509 acre feet were made absolute in Case No. 95CW95 and 25,257 acre feet were made absolute in Case No. 01CW269, for a total of 69,766 acre feet absolute. Appropriation Date: January 22, 1981 Uses: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. c. Statement of plan for augmentation: The conditional and absolute water rights claimed above are components of an integrated water system to serve the Bair Ranch, a commercial hunting, fishing and outdoor recreational development consisting of several lodges, cabins and campsites intended for short-term overnight stays and day use. Such water rights will be used to provide water for in-house domestic uses, stockwatering, fire protection and to irrigate small areas around the cabins and lodges. These water rights include small ponds used for general recreational purposes, including fishing, and for fire protection and stock watering. A table of monthly water demands and anticipated consumptive use is attached hereto as Table 1. Total annual diversions are expected to be approximately 14.1, with resulting total annual depletions of 6.8 acre-feet. All depletions resulting from the exercise of the augmented water rights will be replaced with water released at the direction of the Division Engineer pursuant to the above-described contract between the Applicants and the Colorado River Water Conservation District ("CRWCD") and by exchange pursuant to the appropriative rights of exchange set forth below in Applicants' Fifth Claim. Augmentation releases will be ten percent greater than estimated depletions to account for transit losses. The Applicants will install such measuring devices and provide such accounting as the Division Engineer may reasonably require as necessary to administer this plan. The Applicant agrees and acknowledges that the use of the foregoing augmentation sources may only occur for so long as the Applicant has a contract in effect with the CRWCD. Fifth Claim for Relief: Approval of Conditional Appropriative Rights of Exchange BA1R-05CW164-Ruling of the Referee (Nov 10 2006).doc FN I District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 15 of 20 8. The Applicants also request confirmation of two conditional appropriative rights of exchange described as follows: a. Bair Ranch Wolford Exchange. i. Downstream termini: (1) confluence of Spruce Creek and the Colorado River (in the SE 1/4 of the NE 1/4 of Sec. 15. T. 5 S., R. 87 W. of the 6th P.M., approximately 1600 ft. from the N. Sec. line and 420 ft. from the E. Sec. line of said Sec. 15). (2) confluence of Ike Creek and the Colorado River (in the NE 1/4 of the SW'/ of Sec. 15, T. 5 S., R. 87 W. of the 6th P.M., approx. 2100 ft. from the S. Sec. line and 2200 ft. from the W. Sec. line of said Sec. 15). ii. Upstream termini: each of the springs, wells and ponds identified in First, Second and Third Claims, above. iii. Maximum Rate of Exchange: 0.145 c.f.s., conditional; maximum volume of 14.1 acre-feet annually. iv. Date of Appropriation: August 25, 2005. v. Remarks: The exchange claimed herein will be operated in conjunction with the plan for augmentation described above in Applicants' Fourth Claim. b. Bair Ranch Ruedi Exchange. i. Downstream Terminus: confluence of Roaring Fork and Colorado Rivers (in the SW 1/4 of the NW 1/ of Sec. 9, T. 6 S., R. 89 W. of the 6th P.M., approx. 2200 ft. from the N. Sec. line and 2400 ft. from the W. Sec. line) ii. Upstream Terrains: each of the springs, wells and ponds identified in First, Second and Third Claims, above. iii. Maximum Rate of Exchange: 0.145 c.f.s., conditional; maximum volume of 14.1 acre-feet annually. BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN 1 District Court, Water Division 5 Case No. 05CW 164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 16 of 20 iv. Date of Appropriation: August 25, 2005 v. Remarks: The exchange claimed herein will be operated in conjunction with the plan for augmentation described above in Fourth Claim. CONCLUSIONS OF LAW 9. The statements in the Application are true. As such, the foregoing Findings of Fact are incorporated into these Conclusions of Law as though fully set forth herein. 10. The Application was complete, covering all applicable matters required under C.R.S. § 37- 92-302. 11. All notices required by law have been given, and no further notice need be given. 12. The court has jurisdiction over this subject matter and over all persons affected thereby, whether they have appeared or not, pursuant to C.R.S. §§ 37-92-301(2) and -303(1). 13. This court has authority to confirm the above-described surface, underground and storage water rights, to approve the plan for augmentation, and to approve the above-described conditional appropriative rights of exchange, pursuant to C.R.S. §§ 37-92-301(2), -302, - 303(1). 14. A plan for augmentation shall be approved if it will not injuriously affect the owner or persons entitled to use water under a vested water right or decreed conditional water right. C.R.S. § 37-92-305(3). 15. The court finds that Applicants have demonstrated an intent to appropriate water for all of the conditional water rights described above in Applicants' First, Second, Third and Fifth Claims, that water is available to satisfy said appropriations, that Applicants have taken a substantial step towards such appropriations in the amounts and for the purposes specified above, and that waters can and will be diverted, stored or exchanged in the times, amounts and for the uses described above, and that such waters will be applied to beneficial use and that the project can and will be completed within a reasonable time and with diligence pursuant to C.R.S. § 37-92-305(9)(b). The Court further finds that all of the above-described conditional water rights are part of an integrated system, and that diligence toward the completion of any one or more of these rights shall_ constitute diligence toward completion of the others. 16. A plan for augmentation shall be approved if it will not injuriously affect the owner or persons entitled to use water under a vested water right or a decreed conditional water right. C.R.S. § 37-92-305(3). BAIR-05CW 164 -Ruling of the Referee (Nov 10 2006).doc FN 1 District Court, Water Division 5 Case No. 05CW t 64 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 17 of 20 17. Any decree approving a plan for augmentation must be conditioned upon the retained jurisdiction of the court for a period necessary or desirable to preclude or remedy and injury to the vested rights of others. C.R.S. § 37-92-304(6). 18. The proposed plan for augmentation meets the statutory criteria for a plan for augmentation set forth in C.R.S. §§ 37-92-103(9), -302(1), & -305(8), as one contemplated by law and, if operated in accordance with the terms and conditions of this decree, the use of water pursuant to said plan will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. RULING OF THE REFEREE 19. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this reference. 20. The court hereby confirms absolute surface water rights for Hunting Cabin Spring, Marble Spring, and Spruce Lodge Spring in the amounts and for the purposes described above in Applicants' First Claim, provided that none of such structure may collect water at a depth of greater than ten feet from the ground surface unless Applicants first adjudicate groundwater rights and obtain well permits for said structure(s). The court further determines that the Spruce Lodge Spring is a near -surface structure pursuant to C.R.S. §§ 37-90-103(21)(b) and 37-92-103(14)(b). 21. The court also hereby confirms a conditional surface water right for Homestead Spring in the amounts and for the purposes described above in Applicants' First Claim, provided that such structure may not collect water at a depth of greater than ten feet from the ground surface unless Applicants first adjudicate a groundwater right and obtain a well permit. 22. The court hereby confirms conditional underground water rights for the Marble Well, Hunting Cabin Well, Spruce Lodge We11, and Homestead Well in the amounts and for the purposes described above in Applicants' Second Claim. 23. The court hereby confirms absolute water storage rights for Marble Pond, Wapiti Pond, and Spruce Pond in the amounts and for the purposes described above in Applicants' Third Claim, provided that, should any of such structures encounter groundwater, Applicants shall be required to line these structures. 24. The court hereby confirms conditional appropriative rights of exchange for the Bair Ranch Wolford Exchange and the Bair Ranch Ruedi Exchange as further described in Applicants' Fifth Claim, which exchanges shall operate in conjunction with the reservoir releases required pursuant to the augmentation plan described above in Applicants' Fourth Claim. BAIR-05CW 164 -Ruling of the Referee (Nov 10 2006).doc FN I District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 18 of 20 25. All water rights confirmed herein are SUBJECT TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities in accordance with law. 26. Should the Applicants desire to maintain the conditional water rights confirmed herein, an Application for Findings of Reasonable Diligence shall be filed in the same month of the sixth calendar year following entry of this decree, unless a determination has been made prior to that date that such conditional rights have been made absolute by reason of completion these appropriations, or are otherwise disposed of. 27. The court hereby approves the plan for augmentation described above in Applicants' Fourth Claim, subject to the following terms and conditions which are intended to alleviate any potential injury to other vested water rights: a. Applicants hold and own vested water rights on Ike Creek and Spruce Creek below the structures to be adjudicated in this proceeding. These structures are situated such that reservoir releases pursuant to the above-described augmentation plan (which accrue to the Colorado River) will not physically provide augmentation water to these intervening water rights. To this extent, should ownership of the intervening water rights ever be severed from ownership of the augmented water rights described in this decree, this augmentation plan may terminate and out -of -priority water uses may be curtailed unless the intervening local water rights are legally subordinated to the augmented water rights and the two exchanges decreed herein. b. The above-described augmentation plan estimates transit losses on reservoir releases to be ten percent (10%) of the amount of water released from storage. This transit loss estimate is accepted for the purposes of this decree but all actual transit losses are subject to changing conditions and shall be determined by the State and Division Engineer at the time that replacement releases are made. c. A copy of the Applicants' water supply contract with the Colorado River Water Conservation District shall be supplied to the court and the Division Engineer and, should said contract ever terminate, the plan for augmentation described above shall cease to operate and all out -of -priority water uses shall be curtailed unless and until an alternate augmentation source is identified and approved by subsequent decree of this court (except to the extent Applicants may obtain approval of a temporary substitute water supply plan from the State and Division Engineers as allowed by law). 28. Pursuant to C.R.S. § 37-92-305(8), in administering the augmentation plan, the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN District Court, Water Division 5 Case No. 05CW164 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 19 of 20 29. Pursuant to C.R.S. § 37-92-502(5), the Applicants shall install and maintain measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of the augmentation plan. The Applicants shall also prepare and provide an annual report to the Division Engineer summarizing depletions and replacements pursuant to this plan on or before November 15 of each year. The timing and amount of augmentation releases shall be at the discretion and direction of the Division Engineer. 30. Pursuant to C.R.S. § 37-92-304(6), the approval of the augmentation plan described above shall be subject to reconsideration on the question of injury to the vested rights of others for a period of five (5) calendar years following the date on which Applicants' development reaches 75% build -out (which shall be deemed to occur when 75% of the projected water demands described herein are realized and recorded in Applicants' annual accounting that is submitted to the Division Engineer). It is accordingly ORDERED that this Ruling of Referee shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. § 37-92-304, as amended. It is further ORDERED that a copy of this Ruling of Referee and judgment and decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. DATED this day of , 2006. BY THE REFEREE: Hon. Lain Leoniak Water Referee, Water Division No. 5 State of Colorado cc: Hamilton Fleming BAIR-05CWI64-Ruling of the Referee (Nov 10 2006).doc FNI District Court, Water Division 5 Case No. 05CW l 64 Application of James C. Bair, et al. Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree Page 20 of 20 JUDGMENT AND DECREE No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and approved. The month and year for filing an Application for Findings of Reasonable Diligence regarding the conditional water rights approved herein shall be 20 unless such water rights are made absolute prior or are otherwise disposed of. DATED this day of , 2006. BY THE COURT: Hon, Daniel Pete Water Judge, Water Division No. 5 State of Colorado cc: Hamilton Fleming BAIR-05CW164-Ruling of the Referee (Nov 10 2006).doc FN I STEWARDSHIP CONSULTING INC Prepared by: Alan T. Carpenter, Ph.D., President Steven G. Perce, Associate Land Stewardship Consulting, Inc. 2941 — 20th Street Boulder, CO 80304 (303) 443-8094 alanc@landstewardshipconsulting. com June 2004 Bair Ranch Garfield — Easement Documentation Report Table of Contents Table of Contents Owner Acknowledgement Statement iii Executive Summary 1 Introduction 2 Purpose and Methodology of the Baseline Documentation Report 2 Conservation Values 2 Bair Ranch Conservation Project 2 Location and General Description of the Property 3 Location and Size 3 Legal Description 4 Directions to the Property 4 Boundary Description 4 Geographic Setting 4 Climate 5 Geology 5 Soils 6 Hydrology 7 Surface Drainage . 7 Ground Water 8 Wetlands and Riparian Areas 8 Lakes or Ponds 8 Water Rights 8 Plant Communities and Vegetation 9 Rare Plant Species and Communities 9 Plant Communities 9 Noxious Weeds 11 Wildlife and Fisheries 11 Big Game Species 12 Non -game Wildlife 12 Fisheries 14 Threatened and Endangered Wildlife Species 14 Agriculture 14 Improvements 14 Buildings 15 Corrals 15 Fences 15 Roads 15 Utility Lines 15 Railroad 15 Underground fuel tank 15 Land Use and Management 16 Historic Land Use 16 Current Land Use 16 Future Land Use 16 1 Bair Ranch Garfield -- Easement Documentation Report Local Area 16 Cultural Resources 17 Archaeological Search 17 Open Space and Scenic Resources 17 Report Preparers 19 Bibliography 20 Appendix 22 List of Tables Table 1. Summary data for imperiled plant species and communities for the property. Table 2. Noxious weeds observed on the property. Table 3. Colorado Breeding Bird Atlas results for the property. Table 4. Summary data for imperiled wildlife species for the property. List of Figures Figure 1. Regional map showing the general location of the property. Figure 2. Boundaries of the property. Figure 3. Adjacent and nearby properties. Figure 4. Geologic map of the property. Figure 5. Soils map of the property. Figure 6. General location of plant community types found on the property. Figure 7. Features of the property. Appendix Legal description of the Bair Ranch Garfield property Water rights appurtenant to the Bair Ranch Garfield property Description of building areas on the Bair Ranch Garfield property Buildings located on the Bair Ranch Garfield property Aerial photograph of the property Plant list for the property Bair Ranch Garfield Property: Photopoints Log 1 Figure A-1: Map ofphotopoints Photographs Bair Ranch Garfield Property: Photopoints Log 2 Figure A-2: Map ofphotopoints Photographs Wildlife species list for Garfield County 11 Bair Ranch Garfield — Easement Documentation Report Owner Acknowledgement Statement Please complete to satisfy Section 1.170A 14(g)(5)(i)(D) of the federal tax regulations. Grantor Name: James Craig Bair and Doris P. Bair James Craig Bair Ranch Co. 66418 US Highway 6 & 24 Glenwood Springs, CO 81601 Grantee Names: Bureau of Land Management P. O. Box 1009 Glenwood Springs, CO 81601 I have read this baseline condition report carefully, and I believe that this report accurately and fairly depicts the condition of the 1,524 -acre Bair Ranch Garfield property as of the date of the conveyance of the conservation easement. For: JAMES CRAIG BAIR RANCH CO., a Colorado limited partnership James Craig Bair, General Partner Date For: James Craig Bair and Doris P. Bair, individually James Craig Bair Doris P. Bair Date Date 111 Bair Ranch Garfield -- Easement Documentation Report For: BUREAU OF LAND MANAGEMENT, an agency of the United States Department of the Interior Date Date Bair Ranch Garfield — Easement Documentation Report Executive Summary Property Owner: James Craig Bair Ranch Co., Colorado Limited Partnership; James Craig Bair, and Doris Bair (as to Residential parcel) Contact: Craig Bair, 66418 US Highway 6 & 24, Glenwood Springs, CO 81601; 970.945.7388 Township, Range, Section: Township 5S, Range 87W, Sections 15, 22, 23, 26, and 27; all of the 6th P. M. USGS Quad: Cottonwood Pass, Shoshone Zoning: Agriculture The Bureau of Land Management, which is an agency of the United States Department of the Interior, is about to receive a perpetual conservation easement over certain real property in Garfield County, Colorado, referred to in this report as the Bair Ranch Garfield property, The property includes a tract of land encompassing approximately 1,524 acres. It is located about 12 miles east of Glenwood Springs and 18 miles west of Eagle on the southern side of Interstate Highway 70 at the eastern end of Glenwood Canyon. The Bair Ranch Garfield property contains a mix of vegetation types, including grassland, shrubland, woodland, and forest. The property contains nine natural plant communities, including marsh, riparian shrubland, narrowleaf cottonwood riparian forest, mesic aspen forest, Douglas -fir forest, mixed mountain shrubland, pinon-juniper woodland, sagebrush shrubland, and northern west slope grassland. There are also areas of currently and formerly irrigated pasture. The property provides habitat for big -game species including elk, mule deer, black bear, and mountain lion. Maintaining the property in a largely open and undeveloped condition will be favorable for wide-ranging wildlife species such as black bear and mountain lion that prefer low levels of human occupation. The property also provides habitat for numerous non -game wildlife species including resident and migratory birds, small mammals, reptiles, and amphibians. The number of breeding bird species on the property is very high. Spruce Creek and Ike Creek run through the property. The conservation values of the property are 1) wildlife habitat, 2) relatively natural plant communities, 3) open space, 4) scenic, and 5) agricultural preservation.. The property provides a large area of open space near Glenwood Canyon which is beneficial the citizens of Garfield County and the State of Colorado. The property is located adjacent to a large area of public land managed by the Bureau of Land Management and is located adjacent to the White River National Forest, on the western boundary. Maintaining the property as open space will benefit membersofthe public who use adjacent and nearby public lands. Substantial portions of the property are visible in the distance to motorists traveling on Interstate Highway 70. Many of the ranch headquarter buildings and irrigated pastures are clearly visible by the public from the rest stop at the Bair Ranch exit on Interstate 70. 1 Bair Ranch Garfield — Easement Documentation Report Introduction Purpose and Methodology of the Baseline Documentation Report The purpose of this baseline documentation report is to establish the present condition of the Bair Ranch Garfield property, and to establish a baseline from which to consider and evaluate management decisions that affect the conservation values of the property. Throughout this report, the word "property" refers only to this 1,524 -acre Bair Ranch Garfield property, i.e., the portion of the larger Bair Ranch that is located in Garfield County. To prepare this report, we contacted a number of people and organizations to obtain relevant information about the property and lands surrounding the property. We visited the property on October 11, 2003, April 7 and 16, 2004. We prepared this report during April — June 2004. During our site visits we documented the plant and vertebrate species that we encountered as well as general plant community types, disturbances, and potential management concerns. Photographs were taken during our visit to the property. The photographs and a map showing the locations of the photographs are appended. Conservation Values The conservation values of the property are 1) wildlife habitat, 2) relatively natural plant communities, 3) open space, 4) scenic, and (5) agricultural preservation. The property provides habitat for big game species such as elk, mule deer, black bear, and mountain lions. The habitat is especially important for black bear and mountain lion, which are wide-ranging species that prefer low levels of human presence. The property provides diverse habitats for many species of small mammals, birds, reptiles, and amphibians. The property contains nine natural plant communities, including marsh, riparian shrubland, narrowleaf cottonwood riparian forest, mesic aspen forest, Douglas -fir forest, mixed mountain shrubland, pinon-juniper woodland, sagebrush shrubland, and northern west slope grassland. The property provides open space for Garfield County and the State of Colorado. Furthermore, the property is embedded in a landscape consisting mostly of large blocks of federal land, which is nearly all undeveloped. The property is very scenic and visible to motorists driving on Interstate Highway 70 and to users of adjacent and nearby public lands. Most members of the public would not be able to distinguish visually the property, except for the ranch headquarters area, from adjacent public lands. Bair Ranch Conservation Project The conservation easement over the Bair Ranch Garfield property is part of the larger Bair Ranch conservation project. The purpose of the project is to protect the entire 4,318.17 -acre Bair Ranch from subdivision (except the 11.4061 -acre Residential Parcel) 2 Bair Ranch Garfield — Easement Documentation Report and from significant new development, which would adversely affect the wildlife, natural plant communities, open space, and scenic values of the property. In brief, the project involves transferring ownership of 1,160 acres of land within the Bair Ranch Eagle property from the LeGrande Bair Ranch Co. to the James Craig Bair Ranch Co., subject to a conservation easement. It also involves protecting the adjacent 2,794 acres of the Bair Ranch in Eagle County with a conservation easement to be held jointly by Eagle County and the Eagle Valley Land Trust. Finally, the project involves transfer of fee title of approximately 512 acres of land along the Colorado River east of Glenwood Canyon and owned by the James Craig Bair Ranch Co. to the Bureau of Land Management. When the land transactions are completed, the 4,318.17 Bair Ranch will be owned by James Craig Bair Ranch Co. et al., encumbered by two complementary conservation easements (one for the Eagle County portion and another for the Garfield County portion), and managed as a single unit. The 11.4061 acre Residential Parcel will be covered by the conservation easement over the Bair Ranch Garfield property. Location and General Description of the Property Location and Size The property is located in Garfield County, Colorado, about 12 miles east of Glenwood Springs and 18 miles west of Eagle (Figure 1). It consists of one block of land. The property is located along the southern side of Interstate Highway 70 at the eastern end of Glenwood Canyon (Figure 2). The property is located in Township 5S, Range 87W, Sections 15, 22, 23, 26, and 27; 6th P. M. The elevation of the property ranges from approximately 6,120 feet (where Colorado River exits property) to 8,725 feet (southwestern corner of property). The property is located at the eastern end of Glenwood Canyon in west -central Colorado. The property lies adjacent to or near large areas of federal land, including lands managed by the Bureau of Land Management and the US Forest Service (Figure 3). The portion of the Bair Ranch that lies in Eagle County lies immediately to the east of the property. The large expanse of federal land is nearly all undeveloped. Therefore, the proximity of the property to these federal lands greatly increases the wildlife, relatively natural plant communities, open space, and scenic conservation values of the property. The Bair Ranch Garfield property lies within the Glenwood Canyon Conservation Area as identified by The Nature Conservancy in its recent Southern Rockies ecoregional assessment (Neely et al. 2001). This means that the property lies within the portion of the broader Glenwood Canyon area that harbors certain plant and animal species and plant communities, and supports ecological systems that are critical to the conservation of the Southern Rockies ecoregion. Several of the conservation targets (i.e., plant and animal species and communities) are known to occur on the property. 3 Bair Ranch Garfield — Easement Documentation Report Legal Description See the Appendix for a complete legal description of the property. Directions to the Property From Glenwood Springs, drive east on Interstate Highway 70 through Glenwood Canyon to the Bair Ranch exit, which is the last exit in Glenwood Canyon. Cross the Colorado River on a narrow bridge and turn left, drive 100 yards east, then turn right (south) under the railroad tracks. Follow the driveway to the left, past the first group of buildings to the ranch office. This would be the ideal location to meet with the ranch owner prior to conducting the annual conservation easement monitoring visit. To reach most of the property, a four-wheel drive vehicle is required. Roads are impassable immediately following major precipitation events. From the ranch headquarters, drive east on an improved ranch road over a small ridge to Spruce Creek. Follow the road south along Spruce Creek for about 'A mile. Take a road that runs east and south and uphill. The left fork goes to the Spruce Creek lodge while the right fork goes to the steep ridge between Spruce and Ike Creeks. The latter road descends the ridge into the Ike Creek drainage and accesses the Hunting Cabins and the Wapiti cabins. A road runs north down the Ike Creek drainage back to the ranch Headquarters Area, Boundary Description The boundaries of the property are straight lines, with many corners. Generally speaking, the boundaries of the property are not obvious to persons unfamiliar with the property. Most of the perimeter of the property is not fenced. The boundaries of the property can be located approximately with an accurate map while one is driving around the property on the ranch roads. The western boundary of the property is the White River National Forest, and it is fenced. The eastern boundary runs along the Garfield — Eagle County line. Geographic Setting Robert Bailey has prepared ecoregional maps of the United States, North America and the rest of the world. In Bailey's ecoregional map of the United States, he identified four broad domains: polar, humid temperate, dry, and humid tropical (Bailey 1995). The property is located in the Dry Domain, which essentially includes the western part of the United States west of the 97th parallel less the Cascade Range and Sierra Nevada Mountains on the west coast. Within the Dry Domain, the property is located in the Temperate Steppe Regime Mountains, which includes the Rocky Mountains from northwest Texas to Canada. Within this region, the property is located in the Southern Rocky Mountain Steppe - Open Woodland- Coniferous Forest - Alpine Meadow 4 Bair Ranch Garfield — Easement Documentation Report Province. This province includes the Rocky Mountains from central New Mexico to southern Montana. Within this region, the property is located within the North-Central Highlands and Rocky Mountain section, which includes the north central mountains in Colorado and southern Wyoming (Bailey et al. 1994). Climate There are no long-term climate data for the property. The climate of the property is similar to that of Glenwood Springs, Colorado, which is located about 12 miles west of the property at a slightly lower elevation. The Glenwood Springs station had an average annual precipitation of 16.6 inches for the period 1900-2003 (Anonymous 2003). However, the mountains around Glenwood Canyon apparently create a small rain shadow, so the average annual precipitation at the Bair Ranch Garfield property is more likely about 15.5 inches (Anonymous 1984). At Glenwood Springs, the wettest two months are April and September. The driest two months are June and November. The average monthly mean temperature is about 46.7 degrees F. The hottest months are July and August. The coldest months are December and January. Geology The geology of the property has been mapped at the 1:250,000 block scale (Tweto, 1979). Based on this map the property consists of five main geologic types (Figure 4). MCr- Mississipain, Devonian, Ordovician, and Cambian rocks: This unit occurs in the northern comer of the property. Pb- Belden Formation: Dark gray to black shale, carbonate rocks, and sandstone. The map unit includes local thin lenses of Molas Formation (Pennsylvanian) at the base. A maximum thickness of 900 feet is found in the Elk Mountains, and White River Plateau area. This thins eastward to depositional margins along the Gore Range near Hoosier Pass. This unit underlies the Ranch Headquarters area and the slopes to the south. Pee- Eagle Valley Evaporite: Gypsum, anhydrite, and interbedded siltstone and minor dolomite. This unit is known to contain thick salt at depth in some places, as shown by wells drilled for oil and gas. This unit intertongues with Minturn, Belden, and Maroon Formations, and grades into fine-grained clastic rocks of Eagle Valley Formation. This unit occurs in the Spruce Creek drainage. QI- Landslide and Colluvial Deposites: This unit occurs on Grande and Battlement Mesas, consist primarily of large slump blocks of basalt irregularly veneered with young (Pinedale) glacial drift. This unit underlies about half of the property. 5 Bair Ranch Garfield — Easement Documentation Report Tbb- Basalt of Bimodal Suite: Dense black resistant alkali basalt in lava -flow layers 5- 200 feet thick, and interbedded tuffs and volcanic conglomerates. A small area of this unit occurs along the boundary with the White River National Forest. Soils The property contains 9 soil types (Figure 5). A brief description of these soil types is provided below. The descriptions are abstracted from Alstatt (1984). 11- Anvik-Skylick-Slighting association, 25 to 50 percent slopes: This soil is found on 25 to 50 percent slopes. In all three soil types, the hazard of water erosion has changed to moderate to severe on the steeper slopes. The map unit is in capability subclass Vile, nonirrigated. This is by far the most abundant soil on the property. 20- Coulterg loam, 12 to 50 percent slopes: This well drained soil is on mountainsides and fans. Permeability is moderate and the available water capacity is high. Runoff is medium or rapid and the hazard of water erosion is moderate or severe on the steeper slopes. The map unit is in capability subclass Ville, nonirrigated. 39- Evanston loam, 6 to 25 percent slopes: This is a deep, well drained soil found on alluvial fans, terraces, and valley sides. Included in this unit are small areas of Trindell and Uracca soils. Permeability is moderate and the available water capacity is high. The runoff is medium and the hazard of water erosion is moderate. The map unit is in capability subclass VIe, nonirrigated. The irrigated pasture along Spruce Creek occurs on this soil. It is the most productive soil on the property. 47- Forsey cobbly loam, 25 to 65 percent slopes: This is a deep, well drained soil found on alluvial fans. About 25 to 30 percent of the surface is covered with cobbles. Included in this area are small areas of sandstone outcrops. The permeability is moderate and the available water capacity is also moderate. Runoff is medium, and the hazard of water erosion is moderate. The map unit is in capability subclass Vile, nonirrigated. 48- Fughes stoney loam, 3 to 12 percent slopes: This is a deep, well drained soil is on foot slopes. The permeability is slow and the available water capacity is also high. Runoff is medium, and the hazard of water erosion is moderate. The map unit is in capability subclass IVe irrigated and nonirrigated. The irrigated pastures of the Ranch Headquarters area occurs on this soil type. 54- Grotte gravelly loam, 25 to 65 percent slopes: This is a deep, well drained soil found on mountainsides. The permeability is moderately slow and the available water capacity is moderate. Runoff is rapid, and the hazard of 6 Bair Ranch Garfield — Easement Documentation Report water erosion is moderate or severe on the steeper slopes. The map unit is in capability subclass Vile, nonirrigated. 55- Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes: This soil unit is on mountainsides, hills, and along dissected drainageways. The unit is about 65 percent Gypsum land and 20 percent Gypiorthids. The remaining 15 percent are small areas of Torriorthents and Camborthids. The Gypsum land consists mainly of exposed parent material that has very high content of gypsum. The Gypsiorthids are shallow and moderately deep and well drained. Permeability is moderate and the available water capacity is low or moderate. Runoff is very rapid, and the hazard of water erosion is slight to severe on the steeper slopes. This map unit is in a capability class VIII. 65- Jerry-Millerlake loams, 1 to 6 percent slopes: This map unit is on alluvial fans and valley side slopes and made of about 50 percent Jerry soil and 40 percent Millerlake soil. Both types are deep and well drained. Both the permeability and available water capacity of the Jerry soil is moderate. Runoff is rapid, and the hazard of water erosion is moderate. In the Millerlake soil, the permeability is moderately slow and the available water capacity is high. Runoff is medium, and the hazard of water erosion is moderate. This map unit is in capability subclass Vie, irrigated and nonirrigated. 104- Torriorthents-Camborthids-Rock outcrop complex, 6 to 65 percent slopes: This unit is on moderate sloping to steep, mainly south -facing mountainsides, hills, ridges, and foot slopes. This unit is about 45 percent Torriorthents, 20 percent Camborthids, and 15 percent Rock outcrop. The Torriorthents are shallow or moderately deep and are well drained. The permeability is moderate and available water capacity is low. Runoff is rapid and the hazard of water erosion is severe. The Camborthids are shallow to deep and are well drained. The permeability is moderate and the available water capacity is low or moderate. The runoff is rapid and the hazard of water erosion is severe. This map unit is in a capability subclass Vile, nonirrigated. Hydrology Surface Drainage The vast majority of the property drains to the Colorado via Ike Creek and Spruce Creek. A small portion of the property drains directly into the Colorado River. These streams are ephemeral in most years. Neither creeks had perennial flow in 2002 due to the severe drought. 1 Bair Ranch Garfield — Easement Documentation Report Ground Water Ground water probably flows from south to north generally following the surface topography. Most of the property functions as a ground water recharge zone. Some ground water discharge occurs along creeks. Wetlands and Riparian Areas The US Fish and Wildlife Service has mapped wetlands for much of Colorado as part of the National Wetlands Inventory. However, the NWI mapping for the property is not complete and is not available. The Colorado Division of Wildlife's Colorado Riparian Mapping Project has mapped riparian vegetation over much of Colorado, but not for the property. Nevertheless, the property does have significant riparian areas along the Colorado River, Spruce Creek, and Ike Creek. The riparian areas are dominated by narrowleaf cottonwood riparian forest (in drier sites) and riparian shrubland (in wetter sites). These plant communities are quite different from the adjacent upland communities. Lakes or Ponds We observed one pond on the property at the Wapiti cabin area (Figure 7). This 1/4 -acre pond is supplied with water diverted from a tributary of Ike Creek. A'A acre pond known as the Merian Pond is located about '/2 mile south of the Wapiti Area and is supported with water diverted from a tributary of the creek. There are also two'/4-acre ponds immediately northwest of the Spruce Creek lodge, and one 1/4 acre pond immediately southwest of the Spruce Creek lodge. These three ponds are supplied with water diverted from Spruce Creek. Multiple small stock watering reservoirs exist throughout the property. Water Rights There are significant water rights appurtenant to the property. The water rights are used to irrigate lands at the ranch headquarters area, along Spruce Creek and on a bench located about 1/4 mile due south of the Colorado River and about 'A mile southwest of the ranch headquarters area. See the Appendix for a complete list of water rights appurtenant to the property. 8 Bair Ranch Garfield — Easement Documentation Report Plant Communities and Vegetation Rare Plant Species and Communities A Colorado Natural Heritage Program (CNHP) database search for the property identified one plant species that may be present and one plant community that is present on the property (Table 1). The Harrington beardtongue grows in sagebrush lands in Eagle County east of the property. The montane aspen forest is common on the property. A more intensive search of the property during June and July when most of the rare plant species are flowering might reveal rare plant species on the property. Table 1. Summary data for imperiled plant species and plant communities that are tracked by the Colorado Natural Heritage Program and may be present on the property. The montane aspen forest is common. Common Name Scientific Name CN11I' Rank Federal Status State Status Plants Species Harrington beardtongue Penstemon harringtonii G3 S3 Plant Communities Montane aspen forest Populus tremuloides G5 S5 Plant Communities We identified nine native plant communities on the property using the classification of Galatowitsch (1988). They are 1) riparian shrubland, 2) narrowleaf cottonwood riparian forest, 3) mesic aspen forest, 4) Douglas -fir forest, 5) mixed mountain shrubland, 6) pinon-juniper woodland, 7) sagebrush shrubland, and 8) northern west slope grassland. In addition, there are areas of irrigated pasture and crop land. Plant names below follow Weber and Wittmann (2001) with common synonyms provided. Riparian shrubland: This community occurs along the Colorado River near the river channel where the water table is close to the surface (Figure 6). The dominant shrub species is coyote willow (Salix exigua). Common herbaceous include Great Basin wildrye (Elymus cinereus) and beaked sedge (Carex utriculata). Riparian shrubland along Colorado River; s hoto 3 species Narrowleaf cottonwood riparian forest: This community occurs on low benches above the Colorado River and along Spruce and Ike Creeks (Figure 6). The dominant tree 9 Bair Ranch Garfield — Easement Documentation Report species is narrowleaf cottonwood (Populus angustifolia). Box -elder trees (Negundo aceroides = Acer negundo) are common along the Colorado River. Shrub species include skunkbrush (Rhus aromatica ssp. trilobata) and chokecherry (Padus virginiana ssp. melanocarpa). Common herbaceous species are Kentucky bluegrass (Poa pratensis) and western wheatgrass (Pascopyrum smithii = Agropyron smithii). Mesic aspen forest: This community occurs mostly on east -facing slopes and in ravines in the higher -elevation portions of the property (Figure 6). The dominant tree species is aspen (Populus tremuloides), The common Narrowleaf cottonwood riparian forest along Spruce Creek in right midground; photo 9 shrub species include prostrate juniper (Juniperus communis) and snowberry (Symphoricarpos rotundifolius). The dominant herbaceous species are smooth brome (Bromposis inerrnis = Bromus inermis), Kentucky bluegrass (Poa pratensis), and Porter bromegrass (Bromopsis porteri = Bromus porteri). The soils surface is mostly completely covered by plant litter and living plants. Douglas -fir: This community occurs on relatively cool north -facing slopes mostly at higher elevations (Figure 6). The dominant tree species is Douglas -fir (Pseudotsuga menziesii), Other tree species include aspen and ponderosa pine (Pinus ponderosa). The most common shrub species are are Grambel oak (Quercus gambelii) and Oregon grape (Mahonia vepens). Herbaceous species tend to be sparse. Mixed mountain shrubland: The community occurs over wide areas of the property (Figure 6). The dominant plant species are Gambel oak (Quercus gambelii) in drier locations and serviceberry (Amelanchier alnifolia) is moister areas. Other common shrubs include mountain sagebrush (Artemisia vaseyana = Artemisia tridantata ssp. vaseyana) and mountain mahogany (Cercoparpus montana). Common herbaceous species include western wheatgrass (Pascopyrum smithii -= Agropyron smithii), bluebunch wheatgrass (Pseudorogneria spicata = Agropyron spicatum), and smooth brome. The soil surface is generally covered with a dense layer of plant litter. Pinon-juniper woodland: Small areas of this community occur on dry slopes, typically west- or south -facing (Figure 6). The dominant species are pinon pine (Pinus edulis) and is Utah juniper (Sabina osteosperma Juniperus osteosperma). The most common shrub is Gambel oak; mountain mahogany is also present. Common herbaceous species include Indian ricegrass (Stipa hymenoides = Oryzopsis hymenoides) and Pinon-juniper woodland; Photo 39 Bair Ranch Garfield — Easement Documentation Report bluebunch wheatgrass. The soil surface is mostly bare ground, with most of the rest being plant litter and lichen. Sagebrush shrubland: The community occurs in the drier areas (Figure 6). The dominant plant species is mountain sagebrush. Common herbaceous species include Sandberg bluegrass (Poa secunda) and bottlebrush squirreltail (El mus el oides = Sitanion hystrix). The soil surface is generally bare soil, reflecting the dry conditions and the dominance by sagebrush. Northern west slope grassland: The community occurs is small openings in larger areas of mixed mountain shrubland (Figure 6). The dominant herbaceous species include Arizona fescue (Festuca arizonica), needle -and - thread (Hesperostipa comata = Stipa comata), Thurber fescue (Festuca thurberi), and Kentucky bluegrass. The most common shrub is rubber rabbitbrush (Chrysothamnus nauseosus). The soil surface is generally covered with plant litter and living plants, with Iittle bare ground. Noxious Weeds We observed seven species of noxious weeds on the property (Table 2). However, other noxious weed species that we did not observe surely exist because most of the field work occurred outside of the growing season when most of the noxious weeds had senesced. Generally speaking, noxious weeds are not abundant on the property. Northern west slope grassland Table 2. Noxious weed species observed on the Bair Ranch Garfield property. Canada thistle (Breea arvensis = Cirsium arvense) Cheatgrass (Anisantha tectorum = Bromus tectorum) Common mullein (Verbascum thapsus) Houndstongue (Cynoglossum officinale) Musk thistle (Carduus nutans) Scotch thistle (Onopordum acanthium) Tamarisk (Tamarix ramosissima) Wildlife and Fisheries The property harbors eight natural plant communities, which is a high number for an area of this size. Particular wildlife species typically prefer certain types of structural 11 Bair Ranch Garfield — Easement Documentation Report habitats, e.g., grassland, evergreen shrubland, deciduous shrubland, woodland, evergreen forest, and deciduous forest. This means that the property contains a wide variety of habitats for wildlife. In addition, the property contains large areas of Gambel oak. Acorns are at or near the top of wildlife food lists (Martin et al. 1951). The property provides movement corridors between areas of public land for larger species of wildlife, such as elk, mule deer, black bear, and mountain lion. Wildlife produced on the property venture on to adjacent and nearby public lands where members of the public can hunt them. Big Game Species Elk (Cervus elaphus) and mule deer (Odocoileus hemionus) are the primary big game species on the property. In particular, the property provides both winter and summer range for elk and mule deer. Other wide-ranging big game species that are known to use the property include black bear (Ursus americanus) and mountain lion (Fells concolor). The property is a fall feeding area for black bear due to extensive patches of oakbrush, serviceberry, and chokecherry (B. Heicher, pers. comm.). The property's relatively undeveloped character, and its position in a larger minimally developed landscape also contribute to the excellent habitat for black bear. Non game Wildlife The property provides habitat for many species of small mammals, including mice, voles, chipmunks, rabbits, badgers (Taxidea taxus), and coyotes (Canus latrans). The property also provides habitat for other vertebrates, namely, birds, reptiles and amphibians. We also included a Natural Diversity Information Source (NDIS) wildlife species list for Garfield County in the Appendix. This list is derived from the Colorado Division of Wildlife's Latilong Database and edited to exclude species that would probably not be found on the property based on range maps and habitat descriptions in Fitzgerald et al. (1994), Hammerson (1999), and Kingery (1998). The Colorado Bird Atlas Partnership and the Colorado Division of Wildlife have published the Colorado Breeding Bird Atlas. Under the auspices of this program, volunteers have surveyed birds in a priority block in the southeastern corner of each U.S. Geological Survey 7 '/2 minute quadrangle map in Colorado. A priority block is a rectangle which is 3 miles (north -south) by 3 '/z miles (east -west), or one sixth of a quadrangle. The property does not lie within the priority block for the Cottonwood Pass or Shoshone quadrangle. However, it appears that the property and the priority blocks have comparable habitats for breeding birds. Thus, the Breeding Bird Atlas data for the two quadrangles indicate the bird species that one might expect to inhabit the property. The 63 bird species that are likely to be found on the property are listed in Table 3. Because this number of species arises from two quadrangles, it is not directly comparable to single quadrangles. However, the 63 species is 50% higher than the state-wide average of 42 breeding birds per priority block, which would be in the top 88% of all of Colorado's priority blocks. The property has a very high diversity of breeding birds. 12 Bair Ranch Garfield — Easement Documentation Report The Breeding Bird Atlas lists several predatory bird species that are likely to breed within the quadrangle. Of these, the property provides habitat for Cooper's hawk, red-tailed hawk, American kestrel, and great horned owl. The property also is a production area for wild turkey (B. Heicher, pers. comm.), although the Breeding Bird Atlas does not list this species for either the Shoshone or the Cottonwood Pass quadrangle. Table 3. Breeding bird species "confirmed", "probable" or "possible" within the Cottonwood Pass or the Shoshone quadrangle priority block and for which suitable breeding habitat exists on the property. Turkey Vulture Mallard Cooper's Hawk Red-tailed Hawk American Kestrel Blue Grouse Killdeer Spotted Sandpiper Mourning Dove Great Horned Owl Broad -tailed Hummingbird Red-naped Sapsucker Downy Woodpecker Hairy Woodpecker Northern Flicker Olive -sided Flycatcher Western Wood -pewee Dusky Flycatcher Cordilleran Flycatcher Plumbeous Vireo Warbling Vireo Steller's Jay Clark' s Nutcracker American Crow Common Raven Purple Martin Tree Swallow Violet -green Swallow Northern Rough -winged Swallow Barn Swallow Black -capped Chickadee Mountain Chickadee Red -breasted Nuthatch White -breasted Nuthatch Brown Creeper House Wren Ruby -crowned Kinglet Blue -gray Gnatcatcher Mountain Bluebird Townsend's Solitarire Swainson's Thrush Hermit Thrush American Robin Sage Thrasher Orange -crowned Warbler Virginia's Warbler Yellow Warbler Yellow-rumped Warbler MacGillivray's Warbler Western Tanager Green -tailed Towhee Chipping Sparrow Vesper Sparrow Song Sparrow Lincoln's Sparrow White -crowned Sparrow Dark -eyed Junco Black -headed Grosbeak Brewer's Blackbird Brown -headed Cowbird Cassin' s Finch Red Crossbill Pine Siskin 13 Bair Ranch Garfield — Easement Documentation Report Fisheries The ponds at the Wapiti cabin area and at the Spruce Creek lodge are stocked with rainbow and brook trout. Threatened and Endangered Wildlife Species An NDIS database search of the property for State and Federally listed Threatened and endangered species identified one species (a bird) that uses the property (Table 4). Bald Eagles roost in the large cottonwoods along the Colorado River. NDIS uses known species locations and ranges as well as potentially suitable habitat models to predict areas where species may occur. Table 4. Summary data for imperiled wildlife species that are tracked by the Colorado Natural Heritage Program and that may be present or utilize the property. Bird Bald Eagle Haliaeetus leucocephalus G4 S1B, S3N Agriculture The property is used for agricultural purposes, primarily sheep grazing. Portions of the property are irrigated to produce forage for livestock. A small area is used to grow crops. In a typical year the sheep are trucked to a public land grazing allotment in Utah on December 1. The sheep stay there until May 10 at which time the sheep are trucked back to the Bair Ranch where they graze on private ground. On June 16, the sheep are trailed to a grazing allotment on the White River National Forest north of the Colorado River. The sheep graze there until December 1 when they are trucked to Utah. Improvements The property contains numerous improvements; however, those that are present do not greatly compromise the conservation values of the entire property. 14 Bair Ranch Garfield — Easement Documentation Report Buildings The property contains a number of ranch buildings. The buildings are clustered in the residential area, the ranch headquarters area, the Spruce Creek lodge area, the hunting cabins area, the Wapiti cabins area, and the family retreat area. See the Appendix for a list of the buildings on the property. Corrals The property contains several sets of corrals in the ranch headquarters area. There is a loading chute next to the railroad tracks. Fences Most of the perimeter of the property is not fenced. There are internal fences in some locations. Roads There are several ranch roads that run through the property (Figure 7). The main roads are graded but not graveled. Some of the roads connect with adjacent lands managed by the Bureau of Land Management. A bridge over the Colorado River and a driveway provides access to the property from Interstate 70. Utility Lines There are overhead utility lines that run more or less along the Colorado River to the ranch headquarters and residential areas. Railroad The Denver and Rio Grande Railroad runs along the southern side of the Colorado River on a single track, with double and triple track sidings in places. Underground fuel tank There is a 1000 -gallon underground fuel tank in the Ranch Headquarters area. The condition of the tank is unknown. 15 Bair Ranch Garfield — Easement Documentation Report Land Use and Management Historic Land Use Historically, the property was used for sheep and cattle ranching. Ranching has been the principal land use in the vicinity for over a century. Current Land Use Currently, the property is used primarily for sheep ranching, and, to a lesser extent, guest ranching activities, such as hunting and horseback riding. Future Land Use The property will continue to be used primarily for sheep ranching for the foreseeable future. Guest ranching will also continue. Permitted uses include guest lodging, hunting, camping in the Ranch Building Areas, horseback riding, snow -shoeing, guiding, outfitting, fishing, ATV and snowmobiling tours on existing roads, and hay rides. The Conservation Easement states that existing buildings can be maintained, reconstructed, and in some cases enlarged by 10%. Grantor may construct one large new barn and two new cabins in the Ranch Headquarters area. Grantor may construct two new cabins in the Spruce Lodge Ranch Building Area. Grantor may relocate two existing cabins to within the Wapiti area. The Easement identifies three possible Home Sites, (Figure 7). Houses can be built in the three Home Sites subject to certain restrictions contained in the conservation easement. Local Area The predominant land use in the immediate area is ranching. However, ranching is being replaced by second -home development in much of Garfield County. People from the Front Range are buying lots in the area and building second homes in rural subdivisions on 35 acre (or larger) parcels that do not require County subdivision approval. Between 1990 and 2000 the population of Garfield County increased 46.1 percent to 43,791 persons (U.S. Census Bureau). This increase was significantly greater than the statewide increase of 30.6 percent. As the population of the State of Colorado and Garfield County continue to rise, conserving important natural habitat and communities becomes increasingly more important. The conservation easement for the property helps serve that purpose. 16 Bair Ranch Garfield — ' Easement Documentation Report Cultural Resources Archaeological Search We reviewed the on-line files of the Colorado Historical Society to determine if the area (Township 5S, Range 87W, Sections 15, 22, 23, 26, and 27; 6 P. M.) contained known archaeological or historical sites. Four historic sites were found in the search area. One of these sites consists of several buildings on the Bair Ranch. All of the buildings listed in the survey are found in the Ranch Headquarters area and have been documented in this report. We did not observe any archaeological artifacts on the property. Open Space and Scenic Resources The property provides open space on the southern side of Glenwood Canyon for the citizens of Garfield County and the State of Colorado. The property is located adjacent or near large areas of federal land managed by the Bureau of Land Management and the US Forest Service. Greatly limiting the development to the existing structures and roads will maintain the existing large area of private and public open space. Development pressures in Garfield County and Eagle County will continue to diminish the amount of open space in the area. Portions of the property are visible to motorists on Interstate Highway 70. With the exception of the residential and ranch headquarters areas, the property is similar in appearance to the adjacent public lands, namely undeveloped shrubland and forest. Views from Interstate 70 are a mixture of ranch buildings in the foreground with open vistas in the background that do not appear to be affected by human activities. When Interstate 70 was constructed through Glenwood Canyon in the 1980s and 1990s, millions of dollars were spent on asethetic features that greatly increased the visual appeal of this major highway. Limitation of development on the property will maintain its current open, rural, and scenic character in a way that complements the aesthetic improvements on Interstate 70. Protecting the property will promote several policies in the Garfield County Comprehensive Plan (Anonymous 1984). They include: • Support the creation of open space areas that will remain in perpetuity, particularly the transportation corridors between communities (p. 11-45) • Encourage dedicated open space to be contiguous to other open space uses. (p. 11-45) • Provide incentives to persons engaged in farming and ranching to remain in the business. (p. II -59) 11 Bair Ranch Garfield — Easement Documentation Report • Encourage a land use pattern which considers the environmental sensitivity of the land, does not overburden the physical capacity of the land and is in the best interests of County residents. (p. 11-66) • Discourage the development of areas with identified severe environmental constraints. (p. I1-66) • Protect riverfront (riparian areas from encroachment by development. (p. 1I- 67) • Protect unique natural and scenic resources such as unusual vegetation and major wildlife habitats. (p. 11-68) 18 Bair Ranch Garfield — Easement Documentation Report AND STEWARDSHIP CONSULTING I N C Report Preparers This report was prepared by Alan T. Carpenter and Steven G. Perce, Land Stewardship Consulting, Inc., 2941 20th Street, Boulder, CO 80304; telephone (303) 443- 8094. Information in this report was derived primarily from our site visit, unpublished reports and interviews with people who are knowledgeable about the property or the area around the property. Man T. Carpenter owns a small business, Land Stewardship Consulting, Inc., whose mission is to provide practical land management advice that public land managers, agencies, and private landowners will use to improve or maintain the biodiversity and other conservation values of their lands. Alan has overall responsibility for all aspects of the business, particularly planning projects, conducting field work, analyzing data, and writing reports for clients on a variety of land conservation -related topics. Prior to that, he worked for nine years for The Nature Conservancy where he oversaw the stewardship of Conservancy fee properties and conservation easements in Colorado. In that capacity, he participated in strategic planning, prepared land management plans, developed and implemented plant monitoring programs, worked with scientists on research and inventory projects, and administered grants and contracts. He was a research associate for two years at Colorado State University in the Department of Rangeland Ecosystem Science where he worked on a land reclamation project in the Piceanace Basin in northwestern Colorado. He has a BS in chemistry, MA in secondary education, MS in water resources management, and a Ph.D. in range ecology. Alan has been involved in a number of professional groups and volunteer organizations in Colorado including the Colorado Rockies Regional Cooperative, the Colorado Riparian Association, and the Colorado Branch of Holistic Management. Alan has been the lead author of over fifty baseline documentation reports. Steven G. Perce started working for Land Stewardship Consulting, Inc. in August, 2002. Steven is responsible for collecting information and creating the various maps and supporting images that accompany the reports for clients. Prior to working for Land Stewardship Consulting, he has worked as a project designer in several architectural firms in the Front Range area as well as in Jackson, Wyoming. While working in this capacity, he managed projects ranging from the design of single-family homes to interior tenant finishes. He received his Bachelor of Environmental Design from the University of Colorado. 19 Bair Ranch Garfield — Easement Documentation Report Bibliography Anonymous. 1984. Colorado average annual precipitation 1951 - 1980. Colorado Climate Center, Colorado State University, Fort, Collins, CO. Map at a scale of 1:500,000. Anonymous. 1984. Garfield County comprehensive plan. Garfield County Community Development, Glenwood Springs, Colorado. Alstatt, D., and Moreland, D., 1984. Soil Survey of Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties, Soil Conservation Service, US Dept. of Agriculture, Washington D.C. Bailey, R.G. 1995. Descriptions of the ecoregions of the United States. Second edition revised and expanded. USDA — Forest Service, Miscellaneous Publication Number 1391 (revised). Washington , D.C. 108 pages with separate map at scale of 1:7,500,000. Bailey, R.G., P. E. Avers, T. King, and W. H. McNab. 1994.Ecoregions and subregions of the United States. USDA — Forest Service, Washington, D.C. Map at scale of 1:7,500,000. Fitzgerald, J. P., C. A, Meaney, and D. M. Armstrong. 1994. Mammals of Colorado. Denver Museum of Nature and Science, Denver, CO and University of Colorado Press, Boulder, CO. Galatowitsch, S. 1988. Colorado's natural vegetation. Unpublished report on file at the Colorado Natural Areas Program, Colorado Department of Natural Resources, Denver, CO. Hammerson, G. A. 1999. Amphibians and reptiles in Colorado - a Colorado field guide. Second edition. University of Colorado Press, Boulder, CO and Colorado Division of Wildlife, Denver, CO. Kingery, H.E. (Ed.). 1998. Colorado breeding bird atlas. Colorado Bird Atlas Partnership, Denver. Martin, A. C., H. S. Zim, and A. L. Nelson. 1951. American wildlife and plants: a guide to wildlife food habits. Dover Publications, Inc, New York Natural Diversity Information Source (NDIS). Internet 8/20/02. Available: http://ndis.nrel.colostate.edu Neely, B, P. Comer, C. Moritz, M. Lammert, R Rondeau, C. Pague, G. Bell, H. Copeland, J. Humke, S. Spackman, T. Schulz, D. Theobald, and L. Valutis. 2001. 20 Bair Ranch Garfield — Easement Documentation Report Southern Rockies Mountains: An Ecoregional Assessment and conservation blueprint. Unpublished report on file at The Nature Conservancy of Colorado, Boulder, CO. Ogeden, T. 1979. Geologic map of the Leadville 1x2 degree quadrangle, Colorado. US Geological Survey, Denver, CO. U.S. Census Bureau. Internet 12/07/01. Available: http://www.census.gov/index.html Weber, W. A. and R. C. Wittmann. 2001. Colorado flora — western slope. Third edition. University of Colorado Press, Boulder, CO. 21 Bair Ranch Garfield — Easement Documentation Report List of Figures Figure 1. Regional map showing the general location of the property. Figure 2. Boundaries of the property. Figure 3. Adjacent and nearby properties. Figure 4. Geologic map of the property. Figure 5. Soils map of the property. Figure 6. General location of plant community types found on the property. Figure 7. Features of the property. Appendix Legal description of the Bair Ranch Garfield property Water rights appurtenant to the Bair Ranch Garfield property Description of building areas on the Bair Ranch Garfield property Buildings located on the Bair Ranch Garfield property Aerial photograph of the property Plant list for the property Bair Ranch Garfield Property: Photopoints Log 1 Figure A-1: Map of photopoints Photographs Bair Ranch Garfield Property: Photopoints Log 2 Figure A-2: Map of photopoints Photographs Wildlife species list for Garfield County 22 rerun nalzjim ripter, 1644,wir Abaggisi Figure 1 Regional Location of the Property Colorado River Property Locati on Eagle County Bair Ranch- Eagle Parcel N W E 0.3 0 0.3 0.6 Miles ! I BAIR RANCH- I i EAGLE COUNTY EASEMENT Figure 3 Adjacent and Nearby Properties Property Boundary 0.2 0 0.2 Miles Figure 4 Geologic Map of the Property Property Boundary MCr Pb Pee Q1 Tbb 0.2 0 0.2 0.4 Miles Soils Map of the Property 0.2 Property Boundan• 11 20 39 47 48 54 55 65 104 E 0 0.2 Miles 315 IEs (TOFcGR *tic) GEOLOGICAL SURVEY 31 B 1 540 000 FEET 3.1 7 107'OZ37' nipac.J: eactz 17 Mr 7f GYPSUM 10 A•11. rg ',Err/ Nrif pinion -juniper woodland ti 9s J Figure 6 Plant Community Map of the Property 0.2 Property Boundary Douglas -fir forest irrigated pasture mesic aspen forest mesic sagebrush shrubland :mixed mountain shrubland narrow cottonwood riparian forest northern west slope grassland pinion -juniper woodland 0 0.2 0.4 Miles Figure 7 Features of the Property Property Boundary Ranch Roads W E 0.2 0 0.2 Miles LEGAL DESCRIPTION OF BAIR RANCH GARFIELD PROPERTY Garfield County, Colorado: Township 5 South, Range 87 West of the 6th Principal Meridian: Section 15: Tract 39; that portion of Tract 40B in Section 15; that portion of Tract 41 in Section 15; and Lot 16. Section 22: That portion of Tract 40B in Section 22; that portion of Tract 41 in Section 22; Tract 43; Lots 2, 3, 5, 6, 7 and 8; W1/2 W1/2 and SE1/4 SW1/4. Section 23: NW1/4 NW1/4; S1/2 NW1/4; SW1/4; that portion of the S1/2 SE1/4 lying in Garfield County. Section 26: That portion of the N1/2 N1/2 lying in Garfield County. Section 27: N1/2 N1/2; S1/2 NW1/4; N1/2 SW1/4; and SW1/4 SW1/4. Together with that certain 2.1331 acre parcel described in the Deed recorded on July 13, 1981 in Book 576 at Page 656 as Reception No. 316904, (b) that certain 1.036 acre parcel of land described in the Deed recorded on May 29, 1985 in Book 669 at Page 332 as Reception No. 362043, and (c) that certain 8.237 acre parcel of land described in the Deed recorded January 22, 1992 in Book 882 at Page 121 as Reception No. 430980, all in Garfield County, Colorado records (collectively referred to as the "Residential Parcel"). WATER RIGHTS APPURTENANT TO THE BAIR RANCH GARFIELD PROPERTY (Page 1 of 4) Any and all water tights, ditches, and other water facilities on or associated with the James Craig Bair Garfield Property, including specifically those water rights described as follows (however, Grantor makes no warranties or representations as to the legal title to or physical availability of the water rights): 1. Spruce Creek No. 1 Ditch: Administration Number: 29437.18382; date: 08/3011946; Appropriation date: 04/30/1900; Case No. 1038; from Spruce Creek; 2. Spruce Creek No. 2 Ditch: Administration Number: 29437.18874; date: 08/30/1946; Appropriation date: 09/04/1901; Case No. 1038; from Spruce Creek; 3. Spruce Creek No. 3 Ditch: Administration Number: 29437.18458; date: 08/30/1946; Appropriation date: 07/15/1900; Case No. 1038; from Spruce Creek; 4. Spruce Creek No. 4 Ditch: Administration Number: 29437.18736; date: 08/30/1946; Appropriation date: 04/19/1901; Case No. 1038; from Spruce Creek; 5. Spruce Creek No. 5 Ditch: Administration Number: 31532.00000; date: 08/30/1946; Appropriation date: 05/01/1936; Case No. 1038; from Spruce Creek, Headgate No. 4; 6. Spruce Creek No. 5 Ditch: Administration Number: 31532.00000; date: 08/30/1946; Appropriation date: 05/01/1936; Case No. 1038; from Spruce Creek, Headgate No. 2; 7. Spruce Creek No. 5 Ditch: Administration Number: 31532.00000; date: 08/30/1946; Appropriation date: 05/01/1936; Case No. 1038; from Spruce Creek, Headgate No. 1; 8. Spruce Creek No. 5 Ditch: Administration Number: 31532.00000; date: 08/30/1946; Appropriation date: 05/01/1936; Case No. 1038; from Spruce Creek, Headgate No. 3; Adjudication 2.1700 CFS Adjudication 0.8200 CFS Adjudication 1.4700 CFS Adjudication 2.3200 CFS Adjudication 1.1600 CFS Adjudication 1.1600 CFS Adjudication 1.1600 CFS Adjudication 1.1600 CFS WATER RIGHTS APPURTENANT TO THE BAIR RANCH GARFIELD PROPERTY (Page 2 of 4) 9. Allen Ditch: Administration Number: 17676.00000; Adjudication date: 06/18/1902; Appropriation date: 05/24/1898; Case No. 406; 90% of the 0.4100 CFS from Ike Creek; 10. Allen Ditch: Administration Number: 17676.00000; Adjudication date: 06/18/1902; Appropriation date: 05/24/1898; Case No. 1038; 90% of the 0.5400 CFS from Ike Creek; 11. Allen Ditch: Administration Number: 17676.00000; Adjudication date: 06/18/1902; Appropriation date: 05/24/1898; Case No. 406; 90% of the 0.5400 CFS from Ike Creek; 12. Allen Ditch: Administration Number: 29437.25322; Adjudication date: 08/30/1946; Appropriation date: 05/01/1919; Case No. 1038; 90% of the 6.9200 CFS from Ike Creek; 13. Barrier Ditch: Administration Number: 14934.13635; Adjudication date: 06/18/1902; Appropriation date: 05/01/1887; Case No. 406; 0.1600 CFS from Ike Creek; 14. Barrier Ditch: Administration Number: 14934.13635; Adjudication date: 06/18/1902; Appropriation date: 05/01/1887; Case No. 406; 0.6400 CFS from Ike Creek; 15. Barrier Ditch: Administration Number: 14934.13635; Adjudication date: 06/18/1902; Appropriation date: 05/01/1887; Case No. 406; 0.0400 CFS from Ike Creek; WATER RIGHTS APPURTENANT TO THE BAIR RANCH GARFIELD PROPERTY (Page 3 of 4) 16. Barrier Ditch: Administration Number: 14934.13635; Adjudication date: 06/18/1902; Appropriation date: 05/01/1887; Case No. 1038; 0.0400 CFS from Ike Creek; 17. Barrier Ditch: Administration Number: 29437.25540; Adjudication date: 08/30/1946; Appropriation date: 12/05/1919; Case No. 1038; 1.8800 CFS from Ike Creek; 18. East Lateral Ditch: Administration Number: 29437.25345; Adjudication date: 08/30/1946; Appropriation date: 05/24/1919; Case No. 1038; 3.3000 CFS from Ike Creek; 19. Embedee Ditch: Administration Number: 28298.27241; Adjudication date: 06/20/1928; Appropriation date: 08/01/1924; Case No. 861; 1.4190 CFS from Spruce Creek; 20. Piercy Ditch: Administration Number: 18307.00000; Adjudication date: 06/18/1901; Appropriation date: 02/14/1900; Case No. 408; 0.0400 CFS from Ike Creek; type: 21. Piercy Ditch: Administration Number: 19083.00000; Adjudication date: 06/18/1902; Appropriation date: 04/01/1902; Case No. 408; 0.0500 CFS from Ike Creek, Middle Branch; 22. Wise Ditch: Administration Number: 18307.00000; Adjudication date: 06/18/1902; Appropriation date: 02/14/1900; Case No. 408; 0.0400 CFS from Ike Creek; type 23. Wise Ditch: Administration Number: 18307.00000; Adjudication date: 06/18/1902; Appropriation date: 02/14/1900; Case No. 408; 0.5400 CFS from Ike Creek; 24. Wise Ditch: Administration Number: 19083.00000; Adjudication date: 06/18/1902; Appropriation date: 04/01/1902; Case No. 408; 0.0500 CFS from Ike Creek; WATER RIGHTS APPURTENANT TO THE RESIDENTIAL PARCEL OF THE BAIR RANCH GARFIELD PROPERTY (Page 4 of 4) Any and all water rights, ditches, and other water facilities on or associated with the Residential Parcel on the James Craig Bair Garfield Property, including specifically those water rights described as follows (however, Grantor makes no warranties or representations as to the legal title to or physical availability of the water rights): 1. Bair Spring: Administration Number: 44559.29400; Adjudication date: 12/31/1972; Appropriation date: 06/30/1930; Case No. W 1293; 0.0670 CFS from unnamed tributary to Colorado River; 2. Allen Ditch: Administration Number: 17676.00000; Adjudication date: 06/18/1902; Appropriation date: 05/24/1898; Case No. 406; 10% of the 0.4100 CFS from Ike Creek; 3. Allen Ditch: Administration Number: 17676.00000; Adjudication date: 06/18/1902; Appropriation date: 05/24/1898; Case No. 1038; 10% of the 0.5400 CFS from Ike Creek; 4. Allen Ditch: Administration Number: 17676.00000; Adjudication date: 06/18/1902; Appropriation date: 05/24/1898; Case No. 406; 10% of the 0.5400 CFS from Ike Creek; 5. Allen Ditch: Administration Number: 29437.25322; Adjudication date: 08/30/1946; Appropriation date: 05/01/1919; Case No. 1038; 10% of the 6.9200 CFS from Ike Creek; DESCRIPTION OF BUILDING AREAS ON THE BAIR RANCH GARFIELD PROPERTY HEADQUARTERS BUILDING AREA: An area of not more than forty (40) acres, located in the South 1/2 of Section 15, and North 1/2 of Section 22, T5S, R87W, FAMILY RETREAT AREA: J. Golden Bair Homestead Cabin on Spruce Creek in Section 23, T5S, R87W. Two (2) acres in size. HOME SITES: H-1. Home Site 1. South 1/2 of Section 15, T5S, R87W. Three (3) acre site, which may not be designated as the Larger Home Site. Grantor shall plant and maintain trees or other vegetation to screen Home Site H-1 from Interstate 70 at such time as the residence is constructed. This site may only be used for a single-family residence or the duplex. H-2. Home Site 2. South 112 of Section 15, T5S, R87W. Three (3) acre site or, if properly designated as the single Larger Home Site, a ten (10) acre site. This site may be used as the larger home site, for a single-family home or the duplex. H-3. Home Site 3. Near center of Section 22, T5S, R87W. Three (3) acre site or, if properly designated as the single Larger Home Site, a ten (10) acre site. Within this area the Grantor may construct a shed to house a hydroelectric generator and related facilities for small-scale generation of hydroelectricity to be used to provide power only for this areal -I-3. This site may be used as the larger home site, for a single-family home or the duplex. Only one duplex is permitted on the Property. RANCH BUILDING AREAS: RB -1. Hunting Cabin Area, Sec. 22, T5S, R87W. Three (3) acres in size. RB -2. Wapiti Cabin Area, Sec. 22, T5S, R87W. Ten (10) acres in size. RB -3. Spruce Creek Lodge Area, Sec. 23, T5S, R87W. Twenty (20) acres in size. BUILDINGS LOCATED ON THE BAIR RANCH GARFIELD PROPERTY Residential Parcel 1. House with two stories (2,980 square feet) 2. Large Detached Garage with driveway through it (1,410 square feet) 3. Child's play house / small fort (58 square feet) 4. Grain shed, frame construction (64 square feet) 5. Machine shed- office, frame construction (1,849 square feet) 6. Shed, frame construction, resting on ground (80 square feet) 7. Outhouse, frame construction, (29 square feet) 8. Quonset hut, corrugated steel construction, (1,620 square feet) 9. Lean -to -shed, frame construction, (336 square feet) Ranch Headquarters Area 1. Two large barns, one with connected lambing shed. Each barn is effectively two stories, each with a height of 21 feet, 9 inches. The barns have 1,200 and 2,009 square feet of enclosed space each. The lambing shed is single story and has 712 square feet of enclosed space. 2. House with living quarters in rear (part of garage). This house is occupied pursuant to a life estate described in paragraph (g) of the Quitclaim Deed recorded on December 29, 1995, in Book 962 at Page 849, as Reception No. 487098 of the records of the Garfield County, Colorado, Clerk and Recorder, and on January 17, 1996 in Book 686 at Page 22, as Reception No. 582025 of the records of the Eagle County, Colorado, Clerk and Recorder. This Easement is subject to the life estate of Thelma C. Bair to use the second house. 3. Detached 2 -car garage (1,439 square feet) 4. Small horse shed (234 square feet) 5. Old shed -- saddle shop (639 square feet) 6. Three -door equipment shed (1,344 square feet) 7. Two old agricultural lean-to structures (808 and 752 square feet) 8. Tee pee Family retreat area 1. Old homestead cabin with attached shed, one story, log construction, 540 square feet of enclosed space in cabin and 378 square feet of enclosed space in shed 2. Old homestead cabin, dilapidated, one story, log construction, no roof, 570 square feet 3. Outhouse, dilapidated, frame construction, 25 square feet Spruce Creek lodge area 1. Lodge, two story, log construction (2,152 square feet, foot print) 2. Caribou cabin, one story log construction, 768 square feet of enclosed space 3. Hydroelectric facility, one story, 135 square feet of enclosed space 4. Gazebo, one story, open on all sides, north of lodge (216 square feet) 5. Gazebo, one story, open on all sides, over pond (216 square feet) Hunting cabin area 1. Two hunting cabins, one story, frame construction, each with 864 square feet of enclosed space plus porch 2. Travel trailer, not permanently moored to the ground 3. Open 3 -sided metal shed 4. Small generator building 5. Percy cabin — North of hunting cabin 6. Tool shed Wapiti cabins area Three cabins, one story, frame construction, each with 96 square feet of enclosed space 2. Two cabins, one story, frame construction, each with 96 square feet of enclosed space; these two cabins are currently located about 'A mile south of the Wapiti cabins area and are allowed to be moved to the Wapiti area on or before 10/1/2005. 3. One cook cabin, one story, frame construction, 108 square feet of enclosed space 4. One bath house, one story, frame construction, 432 square feet of enclosed space 5. Two covered picnic areas, two story, wood construction, each with 918 square feet of covered space Aerial Map of the Bair Ranch Garfield Property List of plant species found at the Bair Ranch Garfield property on November 11, 2003 and April 14, 2004 and the plant communities in which they predominate. Abbreviations for plant communities are marsh (M), riparian shrubland (RS), narrowleaf cottonwood riparian forest (NRF), mesic aspen forest (PAF), Douglas -fir forest (DFF), mixed montane shrubland (MMS), sagebrush shrubland (SS), pinon-juniper woodland (PJW), northern west slope grassland (NWSG), and irrigated pasture (IP). Plant species designated as noxious weeds by the State of Colorado are denoted with an asterisk (*). Plant species denoted with the pound sign (#) are listed as noxious weeds by Garfield County. Plant Species Plant Community Alfalfa (Medicago sativa) IP Apricol (Prunus armeniaca) Ranch Headquarters planting Arizona fescue (Festuca arizonica) NWSG Aspen (Populus tremuloides) MAF Beaked sedge (Carex utriculata) RS Bluebunch wheatgrass (Pseudorogneria spicata = MMS Agropyron spicatum) Blue mustard (Chorispora tenella) IP Box -elder (Negundo aceroides = Acer negundo) NCRF *#Canada thistle (Breea arvensis = RS Cirsium arvense) Cattail (Typha sp.) RS *Cheatgrass (Anisantha tectorum = MMS Bromus tectorum) Chokecherry (Padus virginiana ssp. melanocarpa RS Prunus virginiana ssp. melanocarpa) Colorado blue spruce (Picea pungens) Ranch Headquarters planting *Common mullein Verbascum thapsus) Waste places Coyote willow (Salix exigua) RS Crested wheatgrass (Agropyron desertorum) MMS Dandelion (Taraxacum officiale) IP Douglas -fir (Pseudotsuga menziesii) DFF Elderberry (Sambucus microbotrys) MAF Engelmann spruce (Picea engelmannii) MCF Fremont cottonwood (Populos tremonti) NRF Fringed sage (Artemisia frigida) MMS Gambel oak (Quercus gambelii) MMS Giant hyssop (Agastache urticifolia) MAF Great Basin wildrye (Elymus cinereus) RS *#Houndstongue (Cynoglossum officinale) NCRF Jim Hill mustard (Sisymbrium altissimum) IP Kentucky bluegrass (Poa pratensis) MMS Letterman needlegrass (Achnatherum scribneri = NWSG Stipa lettermanii) Lilac (Syringa vulgaris) Ranch Headquarters planting Lupine (Lupines sp.) NWSG Milkvetch (Astragalus convalarius) MAF Mountain mahogany (Cercocarpus montanus) MMS Mountain sagebrush (Artemisia vaseyana = SS, MMS Artemisia tridantata ssp. vaseyana) Mountain willow (Salix monticola) RS *#Musk thistle (Carduus nutans) Narrow-leaf cottonwood (Populus angustifolia) NCRF Needle-and-thread (Hesperostipa comata = NWSG Stipa comata) Oregon grape (Mahonia repens) NWSG Penstemon (Penstemon sp.) MAF Pinon pine (Pinus edulis) PJW Porter brome (Bromopsis porteri = MAF Bromus porteri) Prostrate juniper (Juniperus communis) MAF Red-oseir dogwood (Swida sericea = RS Cornus stolonifera) Redtop (Agrostis stolonifera) M Rocky Mountain juniper (Sabina scoputorum = Juniperus scopulorum) Rubber rabbitbrush (Chrysothamnus nauseous) MMS Rush (Juncos sp.) M Russian thistle (Salsola australis = Salsola iberica)IP Russian wildrye (Psathyrostackys juncea = IP Elymus junceus) Sandberg bluegrass (Poa secunda = MMS Poa sandbergii) Sandwort (Eremogone fendleri = NWSG Arenaria fendleri) Scarlet gilia (Ipomopsis aggregata) MAF *#Scotch thistle (Onopordum acanthium) Sedge (Carex sp.) NWSG Serviceberry (Amelanchier anlifolia) MMS Siberian elm (Ulmus pumila) Ranch Headquarters planting Silver sage (Seriphidium canum = MAF Artemisia cana) Squirreltail (Elymus elymoides = NWSG Sitanion hystrix) Smooth brome (Bromopsis inermis = IP Bromus inermis) Snowberry (Symphoricarpos rotundifolius) MMS Skunkbrush (Rhus aromatica ssp. trilobata = MMS Rhus trilobata) Stinging nettle (Urtica gracilis = Urtica dioica) M Summer cypress (Bassia sieversiana = Waste places Kochia scoparia) *#Tamarisk (Tamarix ramosissima) RS Utah juniper (Sabina osteosperma = PJW Juniperus osteosperma) Westem birch (Betula occidentalis) RS Western wheatgrass (Pascopyrum smithii = MMS Agropyron smithii) White clover (Tritolium pretense) IP Wild rose (Rosa woodsii) RS Yarrow (Achillea lanulosa) MMS Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM easting UTM northing Scene 1 318353 4385630 Looking NE at pinon-juniper woodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 . 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, junk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking 6 at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Figure A-1 Map of Photopoints 0.2 0 0.2 Miles Photo 5: Looking at gazebo next Photo 7: Looking E at old homestead shack, outhouse, junk; Family Retreat Area • •ice Photo 6: Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge area Photo 8: Looking SW at dilapidated cabin; Family Retreat Area %airr Ranch- Garfield County: Photos taken October 30, 2003 Photo 9: Looking N at horses in irrigated pasture along Spruce Creek from road Photo 10 & 11: Looking W at Wapiti cabins in mid -ground and looking NW at servicebeny slope, road, irrigated hay pasture in lower right Bair Ranch- Garfield County: Photos taken October 30, 2003 Photo 12: Looking SW at hunting cabins; Hunting Cabin Area Photo 14: Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site Photo 13: Looking S at hunting cabins; Hunting Cabin Area Photo 15: Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site Bair Ranch- Garfield County: Photos taken October 30, 2003 Photo 16: Looking N across pond toward Wapiti cabins Photo 17: Looking SW at bath house at Wapiti Cabin area Bair Ranch- Garfield County: Friotos taken October 30, 2003 Photo 1 & 2: At the Bair Ranch rest area looking at access bridge and Colorado River Photo 3: On bridge looking up -stream at riparian area Photo 4: Green grain shed- 8' x 8' x 13'-4" ht.; within Residential Parcel Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 5: Green machine shed- 21'-6" x 86' x 13'-1" ht.; within Residential Parcel Photo 7: Wood outhouse- 6'-6" x 4'-6" x 10'-2" ht.; within Residential Parcel Photo 6: Green shed behind machine shed (wood frame, sitting on ground - 8' x 10' x 9'-1" ht.; within Residential Parcel Photo 8: Corrugated steel Quonset hut- 40'-6" x 40'-0" x 15' ht; within Residential Parcel Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 9: Lean-to shed behind Quonset hut (green wood frame) - 24' x 14' x 15' ht.; within Residential Parcel Photo 11: Looking west at I-70 from Quonset hut Photo 10: Corral area behind Quonset hut; within Residential Parcel Photo 12: Above ground fuel tanks; within Residential Parcel ' . Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 13, 14, & 15: Looking down at machine shed area in Residential Parcel from road cut in hill above Photo 16: Drive-thru garage (red, wood frame)- 30' x 47' x 261-10" ht; within Residential Parcel Photo 17: Main house (red, stick frame with shake roof) ; within Residential Parcel .447 Bair Ranch- Garfield County- Building Pho os: Photos taken April 7, 2004 Photo 18: Play house/small fort (adjacent to drive-thru barn)- 9' x 6'-6" x 17'-6" ht; within Residential Parcel Photo 19: Irrigation ditch west of Residential Parcel Photo 20 & 21: From main drive looking at main house and drive-thru garage Bair Ranch- C3arfieid County- Building Photos: Photos taken April 7, 2004 Photo 22: Large barn (hay storage)- 20' x 60' x 21'-9" ht.; within Headquarters Parcel Photo 24: Detached 2 -car garage 28'-6" x 50'-6" x 14"-2" ht.; within Headquarters Parcel 41k1 z Photo 23: Large barn with connected lambing shed- barn: 20'-6" x 98' x 21'-9"; within Headquarters Parcel Photo 25: Small horse shed adjacent to the garage; within Headquarters Parcel Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 26: Three door equipment shed- 48' x 28' x 19' ht.; within Headquarters Parcel Photo 28: Ranch headquarters house (2 story, stick frame w/ porch); within Headquarters Parcel Photo 27: Old saddle shop (between horse barn and equipment shed); within Headquarters Parcel Photo 29: Old agriculture lean-to structure- 49' x 16'-6" x 7'-6" ht.; within Headquarters Parcel Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 30: Old cellar dug into hillside; within Headquarters Parcel 4.0.7-••• .t . , .. . 1-?... • ' ' it,,.1. ..134,' ot,' • ____ ..;" , ._, la ', .41":s . .. .% ' Photo 32 & 33: View from "Hl" building site to the north and I-70 Photo 31: Lean-to structure filled with old equipment; within Headquarters Parcel Bir Ranch- 'Garfield County- Building Photos: Photos taken April 7, 2004 Photo 34: View of Wapiti cabins from hillside Photo 36: View from ranch road to "H2" home site at main ranch headquarters Photo 35: View looking N. to 1-70 from "H3" home site Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 37-41: View from H2 home site looking west to northeast Photo 42: Irrigation ditch near H2 home site for cropland lower down on hillside Bair Raf1.17n- r.3unty- Building Photos: Photos i2Keil April 7,2004 Photo 1: Looking NE at pinon-juniper woodland on ridge Photo 3: Looking N at pond by Spruce Creek lodge ooking NE at fallow field (to be irrigated) from road Photo 4: Looking SE at Spruce Creek lodge Bair Ranch- Garfield County: P otos taken October 30, 2003 Wildlife species list for Garfield County, CO. This list is from Natural Diversity Information Source (NDIS) and is based on CDOW's Lat/Long database. Group Common Name Scientific Name Occurence Abundance Amphibians Northern Leopard Frog Rana pipiens Known to occur Fairly Common Amphibians Tiger Salamander Ambystoma tigrinum Known to occur Common Amphibians Western Chorus Frog Pseudacris triseriata Known to occur Fairly Common Birds American Crow Corvus brachyrhynchos Known to occur Fairly Common Birds American Kestrel Falco sparverius Known to occur Fairly Common Birds American Robin Turdus migratorius Known to occur Common Birds Barn Owl Tyto alba Known to occur Casual/Accidental Birds Bam Swallow Hirundo rustica Known to occur Common Birds Betted King Isher Ceryle alcyon Known to occur Fairly Common Birds Black -billed Magpie Pica pica Known to occur Common Birds Black -capped Chickadee Poecile atricapillus Known to occur Fairly Common Birds Black -headed Grosbeak Pheucticus melanocephalus Known to occur Fairly Common Birds Blue Grouse Dendragapus obscurus Known to occur Uncommon Birds Blue -gray Gnatcatcher Polioptila caerulea Known to occur Common Birds Brewer's Blackbird Euphagus cyanocephalus Known to occur Common Birds Broad -tailed Hummingbird Selasphorus ptatycercus Known to occur Common Birds Brown Creeper Certhla americana Known to occur Uncommon Birds Brown -headed Cowbird Molothrus ater Known to occur Common Birds Cassin's Finch Carpodacus cassinii Known to occur Falrfy Common Birds Chipping Sparrow Spize!Ia passerine Known to occur Common Birds Clarks Nutcracker Nucifraga columbiana Known to occur Fairly Common Birds Clay -colored Sparrow Spizella pallida Likely to occur No Occurrence Birds Common Merganser Mergus merganser Known to occur Uncommon Birds Common Nighthawk Chordeifes minor Known to occur Common Birds Common Raven Corvus corax Known to occur Fairty Common Birds Cooper's Hawk Accipiter cooperii Known to occur Uncommon Birds Cordilferan Flycatcher Empidonax occidentalis Known to occur Fairly Common Birds Dark -eyed Junco Junco hyemalis Known to occur Common Birds Downy Woodpecker Picoides pubescens Known to occur Uncommon Birds Dusky Flycatcher Empidonax oberholseri Known to occur Fairly Common Birds Great Horned Owf Bubo virginianus Known to occur Uncommon Birds Green -tailed Towhee Pipilo chlorurus Known to occur Common Birds Hairy Woodpecker Picoides viliosus Known to occur Uncommon Birds Hermit Thrush Catharus guttatus Known to occur Common Birds House Wren Troglodytes aedon Known to occur Common Birds Killdeer Charadrius vociferus Known to occur Fairly Common Birds Lincoln's Sparrow Melospiza lincolnii Known to occur Fairly Common Birds MacGillivray's Warbler Oporomis tolmiei Known to occur Fairly Common Birds Mallard Ann platyrhynchos Known to occur Common Birds Mountain Bluebird Sialia currucoides Known to occur Fairly Common Birds Mountain Chickadee Poecile gambell Known to occur Common Birds Mourning Dove Zenaida macroura Known to occur Common Birds Northern Flicker Colaptes auratus Known to occur Fairly Common Birds Northern Rough -winged Swallow Stelgidopteryx serripennis Known to occur Uncommon Birds Olive -sided Flycatcher Contopus cooperi Known to occur Uncommon Birds Orange -crowned Warbler Vermivora celata Known to occur Fairly Common Birds Pine Siskin Carduetis pinus Known to occur Common Birds Plumbeous Vireo Vireo plumbous Known to occur Fairly Common Birds Purple Martin Progne subis Known to occur Uncommon Birds Red Crossbifl Loxia curvirostra Known to occur Uncommon Birds Red -breasted Nuthatch Sitta canadensis Known to occur Uncommon Birds Red-naped Sapsucker Sphyrapicus nuchalis Known to occur Uncommon Birds Red-tailed Hawk Buteo jamaicensis Known to occur Uncommon Birds Ruby -crowned Kinglet Regulus calendula Known to occur Common Birds Sage Thrasher Oreoscoptes montanus Known to occur Uncommon Birds Song_ Sparrow Melospiza melodia Known to occur Fairly Common Birds Spotted Sandpiper Actitis macularia Known to occur Fairly Common The fist has been edited to exclude species for which appropriate habitat does not exist on the Bair Ranch Garfield property. Wildlife species list for Garfield County, CO. This list is from Natural Diversity Information Source (NDIS) and is based on CDOW's Lat/Long database. Birds Spotted Towhee Pipilo maculatus Known to occur Common Birds Steller's Jay Cyanocitta stelleri Known to occur Fairly Common Birds Swainson's Thrush Catharus ustulatus Known to occur Uncommon Birds Townsend's Solitaire Myadestes townsendi Known to occur Uncommon Birds Tree Swallow Tachycineta bicolor Known to occur Common Birds Turkey Vulture Cathartes aura Known to occur Fairly Common Birds Vesper Sparrow Pooecetes gramineus Known to occur Common Birds Violet -green Swallow Tachycineta thalassina Known to occur Common Birds Virginia's Warbler Vermivora virginiae Known to occur Fairly Common Birds Warbling Vireo Vireo gilvus Known to occur Common Birds Western Tanager Piranga Iudoviciana Known to occur Fairly Common Birds Westem Wood -Pewee Contopus sordidulus Known to occur Fairly Common Birds White -breasted Nuthatch Sitta carolinensis Known to occur Fairly Common Birds White -crowned Sparrow Zonotrichia leucophrys Known to occur Fairly Common Birds Wild Turkey Meleagris gallopavo Known to occur Uncommon Birds Yellow Warbler Dendroica petechia Known to occur Fairly Common Birds Yellow-rumped Warbler Dendroica coronata Known to occur Common Mammals American Badger Taxidea taxus Known to occur Fairly Common Mammals American Beaver Castor canadensis Known to occur Fairly Common Mammals American Elk Cerus elaphus Known to occur Abundant Mammals American Marten Mertes americana Known to occur Common Mammals Big Brown Bat Eptesicus fuscus Known to occur Abundant Mammals Black Bear Ursus americanus Known to occur Common Mammals Bobcat Lynx rufus Known to occur Common Mammals Bushy -tailed Woodrat Neotoma cinerea Known to occur Fairly Common Mammals Canyon Mouse Peromyscus crinitus Known to occur Fairly Common Mammals Common Porcupine Erethizon dorsatum Known to occur Uncommon Mammals Coyote Canis latrans Known to occur Abundant Mammals Deer Mouse Peromyscus manlculatus Known to occur Abundant Mammals Dwarf shrew Sorex nanus Unknown Unknown Mammals Ermine Mustela erminea Known to occur Uncommon Mammals Golden mantled Ground Squirrel Spermophilus lateralis Known to occur Fairly Common Mammals Hoary Bat Lasiurus cinereus Known to occur Common Mammals Hopi Chipmunk Tamias ndus Known to occur Fairy Common Mammals House Mouse Mus musculus Known to occur Abundant Mammals Least Chipmunk Tamias minimus Known to occur Common Mammals Little Brown Myotis Myotis Iucifugus ? Known to occur Abundant Mammals Long-legged Myotis Myotis volans Known to occur Common Mammals Long-tailed Vole Microtus longicaudus Known to occur Fairly Common Mammals Long-tailed Weasel Mustela frenata Known to occur Common Masked Shrew Sorex cinereus Known to occur Fairly Common Mammals Mink Mustela vison Known to occur Uncommon Mammals Montane Shrew Sorex monticolus Known to occur Common Mammals Montane Vote Microtus montanus Known to occur Common Mammals Mountain Cottontail Sylvilagus nuttallii Known to occur Common Mammals Mountain Lion Fells concolor Known to occur Common Mammals Mule Deer Odocoileus hemionus Known to occur Abundant Mammals Northam Pocket Gopher Thomomys talpoides Known to occur Common Mammals Pine Squirrel Tamiasciurus hudsonicus Known to occur Fairly Common Mammals Pinyon Mouse Peromyscus truei Known to occur Common Mammals Raccoon Procyon lotor Known to occur Abundant Mammals Red Fox Vutpes wipes Known to occur Uncommon Mammals Ringtail Bassariscus astutus Known to occur Fairly Common Mammals Silver -haired Bat Lasionycteris noctivagans Known to occur Common Mammals Southern Red -backed Vole Clethrionomys gapperi Known to occur Fairly Common Mammals Spotted Bat Euderma macutatum Known to occur Uncommon Mammals Striped Skunk Mephitis mephitis Known to occur Abundant Mammals Townsend's Big -eared Bat Plecotus townsendii Known to occur Uncommon The list has been edited to exclude species for which appropriate habitat does not exist on the Bair Ranch Garfield property. Wildlife species Ilst for Garfield County, CO. This list is from Natural Diversity Information Source (NDIS) and is based on CDOW's Lat/Long database. Mammals Water Shrew Sorex palustris Known to occur Uncommon Mammals Western Jumping Mouse Zapus princeps Known to occur Fairly Common Mammals Western Small -footed Myosis Myotis ciliolabrum Known to occur Common Mammals Western Spotted Skunk Spitogale gracilis Known to occur Fairly Common Mammals White-tailed Jackrabbit Lepus townsendii Known to occur Common Mammals Wyoming Ground Squirrel Spermophilus elegans Known to occur Common Mammals Yellow -bellied Marmot Marmota flaviventris Known to occur Common Reptiles Fence Lizard Sceloporus undulatus Known to occur Common Reptiles Gopher Snake Pituophis catenifer Known to occur Sparsely Common Reptiles Plateau Striped Whiptail Cnemidophorus velox Known to occur Uncommon Reptiles Sagebrush Lizard Sceloporus graciosus Known to occur Common Reptiles Side -blotched Lizard Uta stansburiana Known to occur Common Reptiles Smooth Green Snake Liochlorophis vematis Known to occur Rare Reptiles Westem Rattlesnake Crotalus viridis Known to occur Uncommon Reptiles Western Terrestrial Garter Snake Thamnophis elegans Known to occur Fairly Common The list has been edited to exclude species for which appropriate habitat does not exist on the Bair Ranch Garfield property. Map of Building Location Photopoints Bair Ranch- Garfield Property- Photopoints Log 2 Site visit April 7, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM easting UTM northing Scene 1 316402 4386874 At the Bair Ranch rest area looking at access bridge and Colorado River 2 316402 4386874 At the Bair Ranch rest area looking at access bridge and Colorado River 3 316477 4386834 On bridge looking up -stream at riparian area 4 317125 4386828 Green grain shed- 8' x 8' x 13'-4" ht.; within the Residential Parcel 5 317125 4386828 Green machine shed- 21'-6" x 86' x 13'-1" ht.; within the Residential Parcel 6 317137 4386855 Green shed behind machine shed (wood frame, sitting on ground)- 8' x 10' x 9'-1" ht.; within the Residential Parcel 7 317137 4386855 VVood outhouse- 6'-6" x 4'-6" x 10'-2" ht.; within the Residential Parcel 8 317137 4386855 Corrugated steel quonset hut- 40'-6" x 40'-0" x 15' ht.; within the Residential Parcel 9 317155 4386873 Lean-to shed behind quonset hut (green wood frame)- 24' x 14' x 15' ht.; within the Residential Parcel 10 317155 4386873 Corral area behind quonset hut 11 317155 4386873 Looking west at 1-70 from quonset hut 12 317137 4386835 Above ground fuel tanks; within the Residential Parcel 13 317192 4386852 Looking down at machine shed area from road cut in hill above; within the Residential Parcel 14 317192 4386852 Looking down at machine shed area from road cut in hill above; within the Residential Parcel 15 317192 4386852 Looking down at machine shed area from road cut in hill above; within the Residential Parcel 16 317107 4386809 Drive-thru barn (red, wood frame)- 30' x 47' x 26'-10" ht; within the Residential Parcel 17 317092 4386722 Main house (red, stick frame,with shake roof); within the Residential Parcel 18 317124 4386773 Play house/small fort (adjacent to drive-thru barn)- 9' x 6'-6" x 17'-6" ht; within the Residential Parcel 19 317101 4386812 Irrigation ditch just west of main house property boundary 20 317026 4386819 From main drive looking at main house and drive-thru garage 21 317026 4386819 From main drive looking at main house and drive-thru garage 22 316925 4386761 Large barn (hay storage)- 20' x 60' x 21'-9" ht.; Ranch Headquarters Area 23 316925 4386761 Large barn with connected lambing shed- barn: 20'-6" x 98' x 21'-9"; Ranch Headquarters Area 24 316889 4386737 Detached 2 -car garage 28'-6" x 50'-6" x 14'-2" ht.; Ranch Headquarters Area Small horse shed adjacent to the garage 23' x 18' x 12' ht.; Ranch Headquarters Area 25 316889 4386737 26 316817 4386738 Three door equiptment shed- 48' x 28' x 19' ht.; Ranch Headquarters Area 27 316889 4386737 Old saddle shop (between horse barn and equiptment shed) 639 sq. ft. building foot print; Ranch Headquarters Area 28 316862 4386737 Ranch headquarters house (2 story, stick frame w/ porch) 2980 sq. ft. building foot print; Ranch Headquarters Area 29 316862 4386647 Old agriculture lean-to structure- 49' x 16'-6" x 7'-6" ht.; Ranch Head uarters Area 30 316871 4386636 Old cellar dug into hillside; Ranch Headquarters Area 31 316887 4386602 Lean-to structure filled with old eguiptment-18' x 41' x 12' ht.; Ranch Headquarters Area 32 316789 4386601 View from H1 building site to the north and 1-70 33 316789 4386601 View from H1 building site to the north and 1-70 34 316683 4385517 View of Wapiti cabins from hillside 35 316513 4385498 View looking N to 1-70 from "H3" homesite _ 36 _ 316664 4386590 View from ranch road to "H2" home site at main Ranch Headquarters 37 316577 4386242 View from H2 home site looking west to northeast 38 316577 4386242 View from H2 home site looking west to northeast 39 316577 4386242 View from H2 home site looking west to northeast 40 316577 4386242 View from H2 home site looking west to northeast 41 316577 4386242 , View from H2 home site looking west to northeast 42 316595 4386239 Irrigation ditch near H2 homesite for cropland lower down on hillside 43 316550 4386583 Irrigated cropland Recorrin,4 at 3`1('-' &dn-k p AA. A" ) 2 9`- Recepf:cr. No. 3.1E905 MILDRED ALSDORF, RECORDER BARGAIN AND SALE DEED !Jul 576 nGE65C J. GOLDEN HAIR a/k/a JAMES GOLDEN BAIR a/k/a GOLDEN BAIR, of the County of Garfield and State of Colorado, grantor, for TEN DOLLARS AND OTHER GOOD AND VALUABLE CON- SIDERATION, in hand paid, hereby sells and conveys to JAMES CRAIG BAIR and DORIS P. BAIR, whose address is 66418 U.S. Highway 6 & 24, Glenwood Springs, Colorado 81601, of the County of Garfield and State of Colorado, grantees, in joint tenancy and not in tenancy in common, the following described real property situate in the County of Garfield and State of Colorado, to wit: See Exhihic "A", a copy of Which is attached hereto and incorporated herein by this reference TO HAVE AND TO HOLD the same, together with all appurte- nances and privileges thereto belonging or in anywise thereto appertaining. Signed this day of July, A.D. 1981. J. Golden Bair .a/k/a James Golden Bair a/k/a Golden Bair STATE OE COLORADO ) Cr, as.: pm.jT� OF GARFIELD ) _x.11, OT 4- foregoing instrument was acknowledged before me this t' lay of July, A.D. 1981, by J. GOLDEN BAIR a/k/a JAMES r 'BAIR a/k/a GOLDEN BAIR. 4. rr .Witness my hand and official seal. 46en`' My commission expires: 43-t;,/ `1) ,'‘if Notary c EXHIBIT "A" BM 576 ??0E65 A parcel of land ioceted in Tract 46, Section 15, Township 5 south, Range 87 West of the Sixth Principal Meridian according to the 7ndepende:,t. Resarvoy of said township and range as accented by the U.S. StIr.veyor Gen- eral's office in Denver, Colorado, on Januar! 26, 1923. Said parcel being more particularly described as follows: Beginning at a point from which Corner No. 7 of said Tract 40 bears Nnrth 09°06'54" East, 618.94 feet; thenfe South 42'05'25" West, 129.82 feet; thence South 05°42'17" West, 57.85 feet to the center of a concrete box malJing the point of diversion of a spring; thence South 61°05'51" V7est, 345.69 feet to a point on an exist- ing fence; thence following said fence on the following courses and distances: 1) 2) 3) 4) 5) 6) 7) 8) North North North North North North South South 21°52'18" 21°51'29" 46°58'18" 10°34104" 10"55'2" 22'02'25" 77°17'38" 60°07'18" East, West, East, East, West, East, East, East, 255.16 feet 54.34 feet 26.10 feet 52.24 feet 36.91 feet 113.55 feet 36.78 feet 21.82 feet thence leaving said fence North 77°25'23" Fast, 45.14 Feet; thence South 43°10'57' East, 230.07 feet Lo the _:;pint of beginning. Said parcel of land contains 2.1131 acres, :,:ore CY less. TOGETHER WITH an easement and right of way for access and roadway purposes 30 feet in width, lying and being 15 feet on either side of the following described centerline, to wit: Beginning at a point on the Northerly line of the Craig Bair Parcel from which Corner No. 7 of Tract 40 beam North 36°02'36" East, 546.22 feet; thence North 33°28'29" East, 47.30 feet; thence 63.09 feet on a curve to the left having a radius of 186.34 feet, the chord of which bears North 20°47'05" East, 62.79 feet; thence North 14°04'35" East, 124.50 feet; thence South 87°38' 48" West, 229.40 feet; thence South 85°24'20" West, 104.87 feet; thence 120.49 feet on the arc of 1 curve to the right having a radius of 111.99 feet, the chord of :thio:: bears South 52`45'31" West, 114.76 feet; ,:hence South 23°45'45" West, 50.79 feet; thence 93.20 f_ t cn of a curve to the right having a radius of 22.00 feet, the chord of which bears South 45°38'46" West, 90.95 feet; thence South 67031'51" West, ;0.00 feet; thence 101.01 feet on the arc of a curve to the 1 f t ,.a, in ; radius of 272.10 feet, the chord of which bear:> Meth 55°54'59" West, 100.43 feet; thence 5o:.. 46'15'41 78.72 feet; thence South 62'27'3'1" West, 177.31 feet; thence South 74°52'>9" hest, 115.00 f:.ct ; hence 02.70 feet on the arc of a curve to the ri.-;ht having c radius of 69.69 feet, the chord of wh'_ch bears North 1'07'12" West, 77.93 :cot thence ;'orth 37°07 7,8" Wes, feet; thence. North 39°00'09" Wes 100.50 fee t; tt-tenee North 26°27'15" West, 551.85 feet to th,: intersection with the Southerly right-of-way hounda. y or U.S. High:;;. 6, the point of terminus. AND TOGETHER WITH 0.02 c.f.s. (9.18 water, fire protection and lawn and the Bair Spring, which spring has a more particularly described in that Court in and for Water Division No. Application No. W-1293. gal/min) of water for domestic, stock garden irrigation purposes, out of priority date of June, 1930, arA is certain Decree entered by the District 5, State of Colorado, under Water. :eGordsd at " , 1 , 1 o �, M ".3 AY 2 `1 .:,g' ". .` i'.. r;F, riE.c.oRDE4 ' r, COLORADO oArI1;A. LN AND SALE. DEED GLDEN BAIR, . .k.a. 3AMES _;OLDEN C;OLUEN f3? -.'R, cL the ,'cunty of Garfield and State of t,:ig2:a<1o, grantor 'r•'r N Di1LLARS AND 01}{r.:, J000 AND '.'AS.UABLE USiErE'RATItiN, in hand paid, herei::' sell_ and conveys to JAMES •,'RA1' CAIN ani. DORIS F. ESAIR, whose address is a6410 ti. i'.iahwa.' 6 24, Glenwood Sari' r. s, CO 81601, of the .- o u n t y )f Garr i e 7 d end St a t .- o f , L) l :) r a d e , a ,r a .'. t_ e c- , in joint tenant-. and - . tenancy in ,common, t`.e following described teal p1' p -'r` sit -...`e in the County of Garfield anc-i .State of 3 tar c:n `j, of land Located in Tract. 40, Section 15, ,'i'.DWns'}1:, 5 ::.oLt;.-?":, mange 87 West of the 6th i'-_"in21nal ',',eridian according to the independent tesurveY of said township ar75 range as accepted by the J.S. urveyor ,general's office in Denver, Colorado, on January 26, 1 particularly described as ,�3. said Farce •einy more - 73ei nninq at a point from which angle point N 212.74 -,f said Tract 40 gears North 57°14'53" East, feet, thence South 05°13'51" West, 33.17 feet, thence South 21°04'56" West, 326.95 feet, thence No,_th 60'07'18" West, 21.62 feet, thence North 77°17'38" West, 36.18 feet, thence North 29°12'22" East, 86.64 feet, thence North 37°17'07" West, 145.86 Leer, thence North 16°:0'24" East, 70.66 feet, thence Nort.r: 32°36'25" East, 128.61 feet; thence So°,t''.: 69°01'55" East, 141..06 feet to the place of beginning. Said parcel contains 1.036 acres, more of less. EXCT AND SUBJECT TO an easement and right-of-way 60 Leet in width, for access, roadway and utility purposes, ',i;ich easement and right -of --way grantor HEREBY EXPRESSLY RFSERVES, lying and '-ging 30 feet on either. !ide of the following dPscribed centerline, to -wit: Beginning at a point on the easterly boundary of the above described parcel, whence angle point 7 of said Tract 40 bears North 43'30'06" East, 307.38 feet, thence South 87°45'54" Wert, 185.71 feet to a on_ iF t - on the westerly boundary of the above described parcel being the point of fern. inus. TO HAVE PJ4f) TO 60E D the same, together with ail appurte- nances ani _.riv..leges the'.:'F'to belonging Or in anvw'se thereto appertaining. The within conveyance is between .1joining pr.;pect,y owners, title to the property is taken by grantees in the same name as title to grantees' adjoining property _s held, the property conJeyed is immediately adjoining and adjacent to grantee's i:rob.?r'-/, ,.nl s .� conveyance r)es not reduce the size of grantor's. tts' below 35 acre, and . new rac of land f calve janc.:t , th;:. ,ail 3 to) irans exist nq t racy vhich vir) it.3 e tniq 2 n A I.TATE O COLORAD') • * COUNTY OF GARFISLi.) ThE.1mr.1 C. Bair 717 7f16-1(.3. eE r . k . a. ..71me r "a • The forego inc7 inst... rumen was ickr:ou.-11_,?....-k);?.3 7,2 h cl day pt. Kay , A -D. 'r985, THEI,MA !1. 13;c:_.9. an'?i. a. k . a . JAMES ..";01.0t.:N '.3A.J.R, a. a. P 1tneS my hanc' and off. My commi exp r es: Apr 74, 9811. 12 •r rid riot= Figure A-1 Map of Photopoints N W E S 0.2 0 0.2 Miles Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM ending UTM northing Scene 1 318353 4385630 Looking NE aiinon-juniperwoodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 - 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, Lunk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 it x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM eastiny UTM northing Scene 1 318353 4385630 Looking NE at pinon-juniper woodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 ' 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, junk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N et horses in irrigated pasture alonQSpruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM easting UTM northing Scene 1 318353 4385630 Looking NE at pinon-juniper woodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 - 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 5 ,-- NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, junk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM easting UTM northing Scene 1 318353 4385630 Looking NE at pinon-juniper woodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 ' 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, junk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 811 footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM easting UTM northing Scene 1 318353 4385630 Looking NE atpinon juniper woodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 ' 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, junk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM easting UTM northing Scene 1 318353 4385630 Looking NE at pinonjuniper woodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 • 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, junk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM easting UTM northing Scene 1 318353 4385630 Looking NE at pinon-juniper woodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 " 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek Lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, junk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM easting UTM northing Scene 1 318353 4385630 Looking NE at pinon-juniper woodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 ' 318301 438.4803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, junk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at servicebeny slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No, UTM easting UTM northing Scene 1 318353 4385630 Looking NE atpinon-juniper woodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 . 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southem end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, ink; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Bair Ranch Garfield Property: Photopoints Log 1 Site visit October 29, 2003 Photo GPS coordinates - NAD 27, Zone 13 No. UTM easting UTM northing Scene 1 318353 4385630 Looking NE at pinon-uniperwoodland on ridge 2 317947 4385200 Looking NE at fallow field (to be irrigated) from road 3 • 318301 4384803 Looking N at pond by Spruce Creek lodge 4 318272 4384770 Looking SE at Spruce Creek lodge 5 NA NA Looking at gazebo next to Spruce Creek lodge 6 318200 4385030 Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge Area 7 317921 4385367 Looking E at old homestead shack, outhouse, junk; Family Retreat Area 8 317893 4385449 Looking SW at dilapidated cabin, Family Retreat Area 9 317742 4385580 Looking N at horses in irrigated pasture along Spruce Creek from road 10 317418 4385590 Looking W at Wapiti cabins in mid -ground 11 317418 4385590 Looking NW at serviceberry slope, road, irrigated hay pasture in lower right 12 317025 4385346 Looking SW at hunting cabins; Hunting Cabin Area 13 317025 4385346 Looking S at hunting cabins; Hunting Cabin Area 14 316927 4384611 Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site 15 316927 4384611 Looking SW at cabin (12 ft x 8 ft footprint); 10 be relocated to Wapiti cabin site 16 316777 4385244 Looking N across pond toward Wapiti cabins 17 316737 4385404 Looking SW at bath house at Wapiti Cabins Area Photo 1: Looking NE at pinon-juniper woodland on ridge Photo 3: Looking N at pond by Spruce Creek lodge Bair Ranch- Garfield County: Photos taken October 30, 2003 Photo 2: Looking NE at fallow field (to be irrigated) from road Photo 4: Looking SE at Spruce Creek lodge Photo 5: Looking at gazebo next to Spruce Creek lodge a 1'17 x lye Photo 7: Looking E at old homestead shack, outhouse, junk; Family Retreat Area Photo 6: Looking NNW at Caribou Cabin at southern end of Spruce Creek lodge area Photo 8: Looking SW at dilapidated cabin; Family Retreat Area Bair Ranch- Garfield County: Photos taken October 30, 2003 Photo 9: Looking N at horses in irrigated pasture along Spruce Creek from road Photo 10 & 11: Looking W at Wapiti cabins in mid -ground and looking NW at serviceberry slope, road, irrigated hay pasture in lower right Bair Ranch- Garfield County: Photos taken October 30, 2003 Photo 14: Looking NE at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site Photo 13: Looking S at hunting cabins; Hunting Cabin Area Photo 15: Looking SW at cabin (12 ft x 8 ft footprint); to be relocated to Wapiti cabin site • 2d • Bair Ranch- Garfield County: Photos taken October 30, 2003 Photo 16: Looking N across pond toward Wapiti cabins Photo 17: Looking SW at bath house at Wapiti Cabin area Bair Ranch- Garfield County: Photos taken October 30, 2003 Photo 1 & 2: At the Bair Ranch rest area looking at access bridge and Colorado River Photo 3: On bridge looking up -stream at riparian area Photo 4: Green grain shed- 8' x 8' x 13'-4" ht.; within Residential Parcel rzk Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 5: Green machine shed- 21'-6" x 86' x 13'-1" ht; within Residential Parcel Photo 7: Wood outhouse- 6'-6" x 4'-6" x 10'-2" ht.; within Residential Parcel Photo 6: Green shed behind machine shed (wood frame, sitting on ground)- 8' x 10' x 9'-1" ht.; within Residential Parcel Photo 8: Corrugated steel Quonset hut- 40'-6" x 40'-0" x 15' ht.; within Residential Parcel Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 9: Lean-to shed behind Quonset hut (green wood frame) - 24' x 14' x 15' ht.; within Residential Parcel Photo 11: Looking west at 1-70 from Quonset hut Photo 10: Corral area behind Quonset hut; within Residential Parcel Lair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 13, 14, & 15: Looking down at machine shed area in Residential Parcel from road cut in hill above i � ,� t i l l l'. 1111111 :111111�:��1i1'1� 1l Photo 16: Drive-thru garage (red, wood frame)- 30' x 47' x 26'-10" ht; within Residential Parcel Photo 17: Main house (red, stick frame with shake roof) ; within Residential Parcel Baur Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 18: Play house/small fort (adjacent to drive-thru barn)- 9' x 6'-6" x 17'-6" ht; within Residential Parcel Photo 19: irrigation ditch west of Residential Parcel Photo 20 & 21: From main drive looking at main house and drive-thru garage Bair Ranch- Garfield County- Building Photos. Photos 'taken April 7, 2004 Photo 22: Large barn (hay storage)- 20' x 60' x 21'-9" ht.; within Headquarters Parcel Photo 24: Detached 2 -car garage 28'-6" x 50'-6" x 14'-2" ht.; within Headquarters Parcel Photo 25: Small horse shed adjacent to the garage; within Head uarters Parcel f; 4" Baan Ranch- Garfield County- Binding Photos: Photos taken April 7, 2004 Photo 26: Three door equipment shed- 48' x 28' x 19' ht.; within Headquarters Parcel Photo 28: Ranch headquarters house (2 story, stick frame w/ orch); within Headquarters Parcel ti l u f r� Zr. 3 ' j 1 �— :^ `{i � -L +•d•`I. X424 6;^� Photo 27: OId saddle shop (between horse barn and equipment shed); within Headquarters Parcel Photo 29: OId agriculture lean-to structure- 49' x 16'-6" x 7'-6" ht.; within Headquarters Parcel Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 32 & 33: View from "Hl" building site to the north and 1-70 Photo 31: Lean-to structure filled with old equipment; within Headquarters Parcel Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 34: View of Wapiti cabins from hillside Photo 36: View from ranch road to "H2" home site at main ranch headquarters Photo 35: View looking N. to 1-70 from "1-13" home site Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 Photo 37-41: View from H2 home site looking west to northeast Photo 42: Irrigation ditch near H2 home site for cropland lower down on hillside Bair Ranch- Garfield County- Building Photos: Photos taken April 7, 2004 • I :: .. ... is N rr • 1.� • • v) s d rl 9 as 4 April 11, 2006 Bair Ranch — (High Canyon Adventures) Structures located on property at 66418 U.S. Highway 6 & 24, Glenwood Springs, Co. No building permits for the following: Spruce Lodge Log cabin Three (3) "old maids" cabins Hot tub/gazebo Two (2) canopy/picnic structures Cook cabin Restrooms Equipment garage Ron VanMeter Code Compliance Assessor Property Information Get Map Search > Results > Detail Owner Name: James Craig & Doris P. Bair Type: Primary Address: 66418 U S Highway 6 & 24 Glenwood Spgs, CO 81601 Property Address: 066418 Highway 6 & 24 Glenwood Springs, CO Account number: R030080 Parcel number: 211515400012 Sub -division: Condo: Neighborhood: GLENWOOD CANYON/FLAT TOPS - AG Area: 2 Legal: SECT,TWN,RNG:15-5-87 DESC: TR IN TRS. 39 & 40. BK:0577 PG:0910 BK:0576 PG:0656 BK:1182 PG:95 RECPT:561981 BK:1182 PG:93 RECPT:561980 BK:0822 PG:0123 BK:0822 PG:0121 BK:0669 PG:0332 PRE:R030014 AND/THRU:& TO:R030047 1 axcs Land Total Value: $394,120.00 Total Taxes: $2,358.48 Amount Paid: $2,358.48 Value: $32,870.00 Land size: Square feet: Acres: 8.24 BrlydCdrrlg(s) Type: Residential Value: $348,930.00 Description: FARM/RANCH Actual year built: 1983 Heated square feet: 4668 Bedrooms: 4.0 Bathrooms: 2.7000000000000002 Stories: 1.5 Architecture style: 2 -STORY Construction quality: GOOD Type of heat: ELEC BS BD Roof structure: RIDGE FRME Roof cover: CEDAR SHAK Exterior wall: WD SIDING Improvement(s) Value: $2,080.00 Description: F/P-AVG. Value: $4,150.00 Description: F/P-GOOD Value: $990.00 Description: PATIO/CONC Value: $2,040.00 Description: STEEL BLDG AVG Value: $3,060.00 Description: BALCONY Copyright 0 2003 Mitchell & Company, Inc. Ati Rights Reserved. Ron VanMeter Subject: Bair Ranch (High Canyon Adventures) Start Date: Monday, September 22, 2003 Due Date: Wednesday, December 28, 2005 Status: Waiting on someone else Percent Complete: 0% Total Work: Actual Work: 0 hours 0 hours Owner: Steve Hackett Categories: Zoning Violation 66418 Hwy 6. Resort no SUP James Craig/Doris Bair 945 7388 Cited. No SUP for resort, no building permits for new cabins. Cert mail signed 10/1/03. Call from Doris Bair prox 10/3/03. She will download SUP ap from web & apply for Resort SUP. Stephen Isom, planner, working on SUP per 10/27/03 Letter. 90 Days compliance extended per MB. FU 2/3/04 Additional time to comply granted 12/30/03 until 6/1/04 7/9/04 Re -cited for non compliance with SUP requirement as well as construction of buildings without permits. 8-23-04. Consult with Jim Hardcastle. SUP application is in, being worked on. Then we'll proceed with building permits FU 11/18 12/9/04. No response from applicant to Jims "non-compliant" letter of 9/13/04. Code Enforcement Letter of warning sent to Isom & Bair re BOCC review of case in ten days. 12/16/04 Isom meets with Jim Hardcastle. Still no tech/compliant ap submitted. Ltr, 12/30/04. Code Enforcement letter to Isom & Bair- respond with a valid ap in a few weeks or go to abatement. 2/4/05. SUP application submitted. Deemed Technically non compliant and Itr by Jim H requesting further information. Follow up 3/8/05 3/23/05 FJ Itr allowing 30 days to complete ap. F/U 4/25/05 To BOCC for review 7/6/05. Deferred by BOCC until 1/9/06. Compliance due then or to court. Parcel Detail c2 ( Garfield County Assessor/Treasurer Parcel Detail Information Page 1 of 4 Assessor/Treasurer Property Search I Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area L 002 Account Number R030080 Parcel Number 211515400012 Mill Levy 61.98 Owner Name and Mailing Address BAIR, JAMES CRAIG & DORIS P. 66418 U 5 HIGHWAY 6 & 24 GLENWOOD SPGS, CO 81601 Legal Description SECT,TWN,RNG:15-5-87 DESC: TR IN 'TRS4Q3z 40. PRE:R030014 AND/THRU:& TO:R030047 BK:0577 PG :0910 B K:057 6 PG:065 6 p K:1689 PG:125 RECPT:674591 BK:1603 PG:215 RECPT:655535 BK:1603 PG:146 RECPT:655534 BK:1603 PG:144 RECPT:655532 BK:1182 PG:95 RECPT:561981 BK:1182 PG:93 RECPT:561980 BK:0822 PG:0123 BK:0822 PG:0121 BK:0669 PG:0332 Physical Address: Location 66418 HIGHWAY 6 & 24 GLENWOOD SPRINGS http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R030080 3/29/2006 Sale Date: Sale Price: rarcel uetaii Page 2 of 4 Subdivision: Actual Value Land Acres: 8.237 Land Sq Ft: 0 Section Township Range 15 5 87 Property Tax Valuation Information Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: Actual Value Assessed Value Land: 32,870 9,530 Improvements: 486,480 46,410 Total: 519,350 55,940 Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: http://www. garcoact.com/assessor/Pareel.asp?AccountNumber=R030080 3/29/2006 Residential Building Occurrence 1 Characteristics 1 TOTAL HEATED AREA: 5,268 ABSTRACT CODE: IFARM/RANCH RESIDENCE PS ARCHITECTURAL STYLE: 2 -STORY EXTERIOR WALL: WD SIDING ROOF COVER: CEDAR SHAK ROOF STRUCTURE: RIDGE FRME INTERIOR WALL: DRYWALL FLOOR: CARPET FLOOR: HARDWOOD HEATING FUEL: ELECTRIC HEATING TYPE: ELEC BS BD STORIES: STORIES 1.5 BATHS: 2.7 http://www. garcoact.com/assessor/Pareel.asp?AccountNumber=R030080 3/29/2006 Parcel Detail Page 3 of 4 ROOMS: 1!10 UNITS; BEDROOMS: YEAR BUILT: 1 4 1983 Tax Information Tax Year Transaction Type Amount 2005 Tax Payment: First Half ($1,733.58) 2005 Tax Amount $3,467.16 2004 Tax Payment: Second Half ($1,282.79) 2004 Tax Payment: First Half ($1,282.79) 2004 Tax Amount $2,565.58 2003 Tax Payment: Second Half ($1,141.62) 2003 Tax Payment: First Half ($1,141.62) 2003 Tax Amount $2,283.24 2002 Tax Payment: Second Half ($1,179.24) 2002 Tax Payment: First Half ($1,179.24) 2002 . Tax Amount $2,358.48 2001 Tax Payment: Whole ($2,367.84) 2001 Interest Payment ($71.04) 2001 Interest Charge $71.04 2001 Tax Amount $2,367.84 2000 Interest Payment ($128.54) 2000 Interest Charge $128.54 2000 Tax Payment: Whole ($2,570.72) 2000 Tax Amount $2,570.72 1999 Interest Payment ($128.11) 1999 Interest Charge $128.11 1999 Tax Payment: Whole ($2,562.14) 1999 Tax Amount $2,562.14 Top of Page Assessor „Database Search Options I Treasurer Database Search Options. Clerk & Recorder Database Search Options Garfield ...County _Home Page http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R030080 3/29/2006 Parcel Detail Page 4 of 4 The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2006 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.garcoact.comlassessor/Parcel.asp?AccountNumber=R030080 3/29/2006 • a .G ° I 71 • J Th • N Ink 4- .s W. 1J • • • 724 • r`S • • • • • • nV • • • • • 4) • cn • `O fi • ,-..:;`:.‘0` '\ ka / / • •o c• y n - IV J X O , • 7 • 1 m r`• L