HomeMy WebLinkAbout1.0 ApplicationSCHMUESEI. .400N MEYER INC
November 11, 1992
Mr. Mark Bean, Director
Garfield County Building,
Sanitation and Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
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tittu I/
\���� � CONSULTING
RE: Elder Property, Special Use Permit
Dear Mark:
01 Grand Avenue, Suite 2-E
ulenwood Springs, Colorado 81601
(303) 945-1004 (303) 925-6727
Fax (303) 945-5948
ENGINEERS & SURVEYORS/
Please let this letter serve as a final report supplementing the attached information for the
procurement of a Special Use Permit for the Elder property at the Ranch at Roaring Fork.
From the attached drawing, it was determined that a majority of the property lies in the
Federal Emergency Management Agency's 100 -year flood boundary of the Roaring Fork River.
Subsequently, Mr. John Elder has obtained permission from the Army Corps of Engineers to
fill to the boundary also shown in the drawing. This fill would push the proposed floodplain
line further towards the river, thus, making the lots more developable.
Based upon the County Floodplain Regulations, Mr. Elder must obtain a Special Use Permit for
the placement of fill in the existing flood fringe. When obtaining a Special Use Permit, Section
6.08.01 of the County Floodplain Regulations must be addressed in regard to the following:
A. To assure that all necessary permits have been received from those
governmental agencies from which approval is required by federal or state law,
including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, U.S.C. 1344; and
B. To determine whether the proposed building sites will be reasonably safe from
flooding, and that the structure will be in compliance with the applicable
provisions for uses and standards for construction set forth in this resolution.
In response to Section 6.08.01, Mr. Elder has obtained the required 404 Permit dated March
10, 1992, from the Army Corps of Engineers for the placement of fill in the floodplain. This
fill will be placed in accordance with the Corps' requirements.
Secondly, the building sites will be filled to an elevation of at least one foot above the 100 -
year flood elevation. Therefore, any structure that would be built would have a finished floor
at least one foot above the 100 -year flood elevation.
In addition, we would like to address the items in Section 6.09.02 regarding building in the
flood fringe:
A. The placement of fill has been approved as stated above by the Army Corps of
November 11, 1992
Mr. Mark Bean, Planning Director
Garfield County
Page 2
Engineers. With proper placement, this fill will not increase the opportunity for
solid debris carried downstream by floodwaters.
B. There will be no storage or processing of hazardous materials on the property.
C. There will be no disposal of garbage or solid waste materials on the property.
D. There will be no mobile homes placed on the property.
E. The placement of fill does not encroach into the floodway; therefore, we do not
anticipate that the fill will adversely affect the efficiency of or restrict the flow
capacity of the designated floodplain so as to cause foreseeable damage to
others.
We hope all of this information is complete. If you have any questions or comments, please
do not hesitate to call.
Sincerely,
SCHMUESER GORDON MEYER, INC.
Dan Cokley, E.I.T.
DC:Ic/92149
Enclosures
SCHMUESER GORDON MEYER, INC
June 26, 1991
Mr. John Elder
5821 North Grand Boulevard
Oklahoma City, OK 73118
RE: Lots 47-63, Phase IV, Filing III
Ranch at Roaring Fork
Dear Mr. Elder:
The Board of Directors of the Ranch at Roaring Fork
Homeowners Association understands from your representa-
tives that you are in the process of filing a Letter of
Permission Application to the Army Corps of Engineers for
permission to fill approximately one-half acre of wetlands
on the above referenced property. We also understand that
you propose certain off-site mitigation consisting of the
creation of wetlands and/or the enhancement of existing
wetlands.
Your consultants, ERO Resources of Denver and Sundesigns
Architects of Glenwood Springs, have identified the island
area near the children's playground as a possible
mitigation zone, and have indicated that this area might
serve the purposes of the above Letter of Permission
Application. We further understand that you must submit
to the Corps of Engineers detailed engineering plans
depicting the nature and extent of the proposed work.
This letter is to advise you that the Board of Directors
of the Ranch at Roaring Fork Homeowners Association
supports, in concept, your application and the above
proposed work. We will require a review of the proposed
work to determine its benefits and effects upon the
surrounding area and the Ranch. It should be understood
that this letter does not constitute any final approval of
your proposed plans or any financial obligation on the
part of the Ranch.
Sincerely,
Gwen Ballard, President
Ranch at Roaring Fork
Homeowners Association
��Cc: Dean Moffatt, Sundesigns
14913 Highway 82 • Carbondale, Colorado 81623 • (303) 963-3500
1
/ SCHMUE' . ,ORDON M
ER' IN
November 11, 1992
l..,
Mr. Mark Bean, Director
Garfield County Building,
Sanitation and Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Elder Property, Special Use Permit
Dear Mark:
]92 i
1001 Grand Avenue, Suite 2-E
Glenwood Springs, Colorado 81601
(303) 945-1004 (303) 925-6727
Fax (303) 945-5948
CONSUIR'T1NG;ENGINEERS & SURVEYORS/
.; OLMFIY
Please let this letter serve as a final report supplementing the attached information for the
procurement of a Special Use Permit for the Elder property at the Ranch at Roaring Fork.
From the attached drawing, it was determined that a majority of the property lies in the
Federal Emergency Management Agency's 100 -year flood boundary of the Roaring Fork River.
Subsequently, Mr. John Elder has obtained permission from the Army Corps of Engineers to
fill to the boundary also shown in the drawing. This fill would push the proposed floodplain
line further towards the river, thus, making the lots more developable.
Based upon the County Floodplain Regulations, Mr. Elder must obtain a Special Use Permit for
the placement of fill in the existing flood fringe. When obtaining a Special Use Permit, Section
6.08.01 of the County Floodplain Regulations must be addressed in regard to the following:
A. To assure that all necessary permits have been received from those
governmental agencies from which approval is required by federal or state law,
including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, U.S.C. 1344; and
B. To determine whether the proposed building sites will be reasonably safe from
flooding, and that the structure will be in compliance with the applicable
provisions for uses and standards for construction set forth in this resolution.
In response to Section 6.08.01, Mr. Elder has obtained the required 404 Permit dated March
10, 1992, from the Army Corps of Engineers for the placement of fill in the floodplain. This
fill will be placed in accordance with the Corps' requirements.
Secondly, the building sites will be filled to an elevation of at least one foot above the 100 -
year flood elevation. Therefore, any structure that would be built would have a finished floor
at least one foot above the 100 -year flood elevation.
In addition, we would like to address the items in Section 6.09.02 regarding building in the
flood fringe:
A. The placement of fill has been approved as stated above by the Army Corps of
November 11, 1992
Mr. Mark Bean, Planning Director
Garfield County
Page 2
Engineers. With proper placement, this fill will not increase the opportunity for
solid debris carried downstream by floodwaters.
B. There will be no storage or processing of hazardous materials on the property.
C. There will be no disposal of garbage or solid waste materials on the property.
D. There will be no mobile homes placed on the property.
E. The placement of fill does not encroach into the floodway; therefore, we do not
anticipate that the fill will adversely affect the efficiency of or restrict the flow
capacity of the designated floodplain so as to cause foreseeable damage to
others.
We hope all of this information is complete. If you have any questions or comments, please
do not hesitate to call.
Sincerely,
SCHMUESER GORDON MEYER, INC.
Dan Cokley, E.I.T.
DC:Ic/92149
Enclosures
SCHMUESER GORDON MEYER, INC
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
March 10, 1992
Regulatory Branch (199101233)
Mr. John Elder
Post Office Box 18938
Oklahoma City, Oklahoma 73154
Dear Mr. Elder:
I am responding to an application for Letter of Permission
(LOP) dated December 11, 1991 submitted on your behalf by Mr.
Dean Moffatt. The application for a LOP concerns the
development of ten single family residential 'lots at the Ranch
at the Roaring Fork in Garfield County, Colorado.
You are hereby authorized to discharge 2,300 cubic yards of
clean fill into 0.36 acre of wetland located near the Roaring
Fork River, Section 36, Township 7 South, Range 88 West, Garfield
County, Colorado, for the purpose of developing ten lots for
residential housing. This project must be constructed in strict
accordance with the proposal outlined in Letter of Permission
Application from Sundesigns Architects dated December, 1991,
and amended by letters from Sundesigns Architects dated January
29, 1992 and February 6, 1992. The project drawings which
reflect the most current amendments and which are authorized are
are enclosed, and are entitled: "Location Map" (Figure A),
"Vicinity Map" (Figure B), "Proposed Plat Modification" (Figure
F-2), "Land Utilization Concept" (Figure J), and "Project
Features" (Figure D, revised 2-6-92).
This LOP is issued under the authority of Section 404 of
the Clean Water Act (13 USC 1344) and is subject to the enclosed
lists of special and general conditions. Please read the
conditions contained within this authorization carefully.
We appreciate your cooperation. Should you have any
questions, please write to Nick Mezei, U.S. Army Corps of
Engineers, Sacramento District, Western Colorado Regulatory
Office, 402 Rood Avenue, Room 142, Grand Junction, Colorado
81501-2563, or telephone (303) 243-1199.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Art Champ
Chief, Regulatory Section
Enclosures
Copies Furnished:
Dr. Gene Reetz, Environmental Protection Agency, 8WM-SP
999 Eighteenth Street, Suite 500, Denver, Colorado 80202-2405
w/ Enclosures
Mr. LeRoy Carlson, U.S. Fish and Wildlife Service, 730 Simms
Street, Number 292, Golden, Colorado 80401
Mr. Jon Scherschlight-401, Department of Health, 4210 East llth
Avenue, Denver, Colorado 80220
Mr. Perry D. Olson, Division of Wildlife, 6060 Broadway, Denver,
Colorado 80216
Mr. Hal D. Simpson, Deputy State Engineer, Colorado Division of
Water Resources, 1313 Sherman Street, Room 818, Denver,
Colorado 80203
-Mr. Dean Moffatt, Sundesigns Architects, 901 Blake Avenue,
Glenwood Springs, Colorado 81601
w/ Enclosures
Ms. Katherine T. Willer, ERO Resources'Corporation, 1740 High
Street, Denver, Colorado 80218
2.
PERMIT NUMBER: 199101233
PERMITTEE: Mr. John Elder
WATERWAY: Roaring Fork River, Garfield County, Colorado
GENERAL CONDITIONS:
1. The permittee shall abide by all special conditions (refer
to page 5) which the Corps of Engineers may add to any individual
authorization given under this LOP.
2. The permittee shall abide by the terms and conditions of the
water quality certification issued by the Colorado Department of
Health or the Environmental Protection Agency in accordance with
Section 401 of the Clean Water Act.
3. If you, before or during prosecution of the authorized work,
encounter a historic property that has not been listed or
determined eligible for listing on the National Register, but
which may be eligible for listing in the National Register, you
shall immediately notify the Corps of Engineers.
4. Only clean material free of waste metal products, organic
materials, unsightly debris, etc., may be used for discharges
authorized by this permit; all discharges shall be free of toxic
pollutants in toxic amounts.
5. Any discharges of dredged or fill material shall not occur
in close proximity of a public water supply intake, should not
limit the ability of any existing diversion structure to
appropriate water and should not adversely impact a stream
gauging station.
6. You must maintain the activity authorized by this permit in
good condition and in conformance with; the terms and conditions
•
of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good
faith transfer to a third party. Should you wish to cease to.
maintain the authorized activity or should you desire to abandon
it without a good faith transfer, you must obtain a modification
of your approval from the Corps of Engineers, which may require
restoration of the area.
7. Upon notification from the Corps of Engineers that work
being performed does not comply with or fall within the scope of
this permit, the responsible party shall take immediate steps, as
directed by the Corps of Engineers, to bring the work into
compliance with this permit.
8. This permit does not obviate the need to uotain other
Federal, state or local authorization as required by law, does
not grant any property rights or exclusive privileges, does not
authorize any injury to property or rights of others, and does
not authorize interference with any existing or proposed Federal
project.
9. In issuing this permit and in giving authorization to
perform work under this permit, the Federal Government does not
assume any liability for damages to the permitted project or uses
thereof as a result of current or future activities undertaken by
or on behalf of the United States in the public interest, damages
to persons, property, or to other permitted or unpermitted
activities or structures caused by the activity authorized by
this permit, design or construction deficiencies associated with
the permitted work, or damage claims associated with any future
modification, suspension, or revocation of this permit.
10. You must allow representatives from the Corps of Engineers
to inspect the authorized activity at any time deemed necessary
to ensure that it is being or has been accomplished in accordance
with the terms and conditions of this permit.
11. The construction or operation of the activityauthorized by
this permit will not impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and
hunting rights.
12. The Corps of Engineers may re-evaluate its decision on any
authorization given in accordance with this permit at any time
the circumstances warrant. Circumstances that could require a
re-evaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this
permit;
b. The information provided by you in support of your
application proves to have. been false, incomplete, or
inaccurate and;
c. Significant new information surfaces which the Corps of
Engineers did not consider in reaching a decision.
Such re-evaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in Title 33, Code of Federal Regulations,
Part 325.7 or enforcement procedures such as those contained in
Tile 33, Code of Federal Regulations, Parts 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an
administrative order requiring you to comply with the terms and
conditions of this permit and for the initiation of legal action
where appropriate. You will be required to pay for any
corrective measures ordered by the Corps of Engineers, and if you
fail to comply with such a directive, the Corps of Engineers may
in certain situations (such as thosespecified in Title 33, Code
of Federations, Part 209.170) accomplish the corrective measures
by contract or otherwise and bill you for the cost. ,
2.
13. The time limit for completing the authorized work will be
three years from the date that individualapproval is given under
this permit. If you find that you need more time to complete the
authorized activity, submit your request for a time extension to
the Corps of Engineers for consideration at least one month
before the expiration date for completion. •Unless there are
circumstances requiring either a prompt completion of the
authorized activity or a re-evaluation of the public interest
decision, the Corps of Engineers will normally give favorable
consideration to a request for an extension of the time limit.
14. Upon completion of the authorized work, you will immediately
notify the Corps of Engineers in writing.
3.
SPECIAL CONDITIONS
JOHN ELDER
199101233
a) The permittee shall implement the attached wetland mitigation
plan. This plan is based upon the original application dated
December 1991 and subsequents revisions dated January 9, 1992
and January 29, 1992.
b) The wetland mitigation construction shall be initiated
concurrent with wetland filling for construction of the
subdivision and completed prior to the expiration of the permit.
c) Highly visible construction fencing shall be placed along the
wetland permit boundary until residences and landscape
construction is completed to prevent inadvertently filling and/or
construction impacts (e.g. dumping of construction debris and/or
dredged material, storage of construction materials, or vehicle
travel lanes.)
d) Restrictions shall be incorporated into the deed for each lot
and parcel of Filing 3, Phase 4, Lots 47 through 63, Ranch at the
Roaring Fork, Garfield County, Colorado, to insure that current
and all future owners of each lot are aware of the need to obtain
a Department of the Army permit to discharge fill material into
"waters of the United States", and wetlands. The deed restriction
shall disclose language that any.. person who knowingly violates
section 301 of the Clean Water Act may be punished by a fine of
not less than $5,000 nor more than $50,000 per day of violation,
or by imprisonment for not more than 3.years, or both. Lots
which contain wetlands within their legal boundaries shall also
include that information within the deeds for those lots.
e) The permittee shall insure that the wetland mitigation
remains as wetland for the life of the completed project.
MITIGATION PROPOSAL
The permittee understands that compensation for wetland acreage
impacted by development and by the implementation of measures
designed to protect water quality within the project site is
required by Federal law and current U.S. Army, Corps of Engineers
LOP procedures. The mitigation plan presented below provides for
the replacement of impacted wetland with enhancement of existing
wetland at a ratio of 3 to 1 and creation of wetland at a ratio
of 1.5 to 1.
A. Description of Proposed Mitigation
The permittee is authorized to fill 0.36 acre of wetland as
part of a development plan after alternatives to avoid were found
impracticable. Alternatives to minimize wetland impacts resulted
in the current plan. Compensation will consist of enhancement
of 0.48 acre of existing wetland adjacent to the developed
housing; this will compensate for 0.16 acre of wetland fill at a
ratio of 3 to 1. Wetland creation of 0.3 acre will compensate
for the remaining 0.2 acre of wetland fill at a ratio of 1.5 to 1.
The permittee will assume full responsibility of assuring
that enhanced and created wetlands are constructed according to
plan and achieve the stated goals. The goals of the proposed
mitigation are twofold:
1. To provide protection of the existing wetland and enhance
values to partly compensate for values and functions lost with
the fill activity.
2. To compensate for the remaining wetland values and functions
lost by creation of new wetland in a nearby waterway.
The wetland enhancement consists of a tree and shrub buffer
of 0.48 acre planted at the rear of lot lines of the 10
developed lots. The planting will include native narrow leaf
cottonwoods, and red osier dogwoods. The cottonwoods will be
planted on 20 -foot centers. The 1 gallon shrubs will be planted
in between the trees on 5 -foot centers.
Compensatory mitigation will take place near the Roaring
Fork River. The permittee will create 0.3 acre of emergent
wetland in an existing low flow irrigation channel about 900 feet
distant from the fill site. The existing channel and marginal
wetland are currently supported by high groundwater table and
creek and irrigation flows that are part of the master
irrigation/fishing pond complex throughout the Ranch at the
Roaring Fork. The proposed wetland creation consists of adding
drop structures within the channel to maintain a higher water
table at adjacent areas where excavation of existing side slopes
will result in establishment of littoral shelves. The shelves
will be planted with wetland vegetation. The excavated material
will be stored on an upland disposal site elsewhere on the ranch.
The transition slope from the littoral areas to the uplands will
be graded at a 4 horizontal to 1 vertical slope.
Topsoil from the rush-dominated wetland to be impacted will
be mulched and spread evenly in the excavated littoral areas.
These areas will be planted with willow cuttings obtained from
various locations on the Ranch. Cuttings will be planted on 3
foot centers. Additionally, red osier dogwoods (1 gallon
container stock) will be planted on 10-foot centers at the toe of
the transition slope from the littoral areas to the uplands. The
transition zone itself will be planted with smooth brome grass to
provide ground cover and minimize erosion. The seed will be
applied at a rate of 12 to 15 pounds per acre.
The maintenance of the wetland enhancement area will consist
of ensuring that an 80% survival rate is achieved at the end of
the second growing season. The maintenance of the wetland
creation area will consist of ensuring that a 70% cover by
desirable wetland species is attained by the end of the second
growing season. No long-term maintenance should be required.
The monitoring/evaluation plan consists of monitoring the
wetland enhancement area at six monthsand one year after
planting and for two additional years thereafter. The survival
rate will be evaluated and planted species that have died will be
replaced to meet the 80% criteria. The wetland creation area
will also be monitored in the same way, and replanting will be
performed to meet the 70% criteria. An annual monitoring report
will be submitted to the Corps of Engineers for their review and
comment.
2.
CONSTRUCTION STANDARDS
In order to ensure that wetland impacts are limited to the
immediate area of the wetland fill, and that adjacent wetland is
not adversely affected, the permittee will ensure that:
a. Equipment operators will be instructed by the permittee to
prevent damage to the surrounding landscape.
b. Fencing or other obvious barrier will be installed between
the permitted wetland area and adjacent wetland to assure
protection of non-permitted wetlands. Under no circumstances will
heavy equipment be allowed in the unpermitted wetland area.
c. Under no circumstances will waste materials of any kind be
dumped or temporarily stored in unpermitted wetlands.
d. Measures will be taken when necessary and as needed to
eliminate or minimize any interference or disturbance to
wildlife.
3.
SUNDESIGNS
ARCHITECTS
ARCHITECTURE
LAND PLANNING
SOLAR CONSULTING
November 16, 1992
Garfield County
109 8th Street
Glenwood Springs, Colorado 81601
ATTN: Mark Bean, Planning Director
REF: Lots 47 - 55, 61 - 63
Phase IV, Filing III
Ranch at Roaring Fork
OWNER: John B. Elder
5821 North Grand Boulevard
Oklahoma City, Oklahoma 73118
REQUEST FOR REPLAT AND SPECIAL USE PERMIT
Phase IV, Filing III was platted in 1978. Since then all but 17 lots have been developed.
Part of the land has been identified as jurisdictional wetland, which hinders complete
buildout. Consequently, a 404 Permit to fill 0.36 acres was obtained from the Army Corps
of Engineers. This action is to replat the area covered by the above referenced lots into ten
lots, and also for Special Use Permit review for the revised 100 year flood plain. In support
of these actions please find the following documents:
1. ACOE Permit, March 10, 1992.
2. Schmueser Gordon Meyer report, November 11, 1992.
3. Ranch at Roaring Fork letter, June 26, 1991.
4. Sundesigns Architects Preliminary Replat, October 15, 1992.
5. Schmueser Gordon Meyer Grading Plan, September 9, 1992.
6. Plat of Phase IV, Filing III, Ranch at Roaring Fork, September, 1978.
REPLAT NOTES:
1. The replat area is totally contained within the original property boundary. No part
extends into Common Recreational Reserve or adjacent private land.
2. The number of approved Single Family Lots will reduce from 17 to 10. All other
infrastructure impacts will be reduced accordingly.
901 BLAKE AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201
Replat Request
November 16, 1992
Page 2
3. All utilities for the replatted lots have been engineered, approved by the County and
are in place to the site.
4. Access to the existing WWT Lift Station will be via a 20 foot wide easement between
Lot 3 and Lot 4.
5. The existing 3-phase overhead power line crossing the site from the north to the
WWT Plant will be re-routed underground.
6. The replatted lots meet County and Ranch at Roaring Fork requirements.
7. The building envelopes are defined by the front and sideyard setbacks and the top
of the fill slope (Wetland Fill Permit) in the rear.
Sincerely,
SUNDESIGNS-AR HITECTS
can K. Moffatt, AIA
DKM/cap
Attachment:
Application Fee $400.00,
Check #6629, dated 11/09/92
Enclosures as noted (5 copies)
RESOLUTION OF BOARD OF DIRECTORS
OF RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC.
The undersigned officer of the Ranch at Roaring Fork Homeowners Association, Inc.
hereby certifies that the following Resolution was unanimously adopted at a meeting of the Board
of Directors of said Association duly called and held on the day of
, 1992 at which meeting a quorum of said Board of Directors was
present, that said resolutions appear in the minutes of said meeting and that the same have not
been amended, rescinded or revoked.
WHEREAS, John B. Elder (hereinafter "Elder") has requested the Board of Directors
to approve the proposed wetland enhancement and wetland creation components of the ACOE
Wetland Fill Permit dated March 19, 1992, a portion of which activities are to occur on Ranch
at Roaring Fork common areas; and
WHEREAS, Elder has requested the Board to give its support in concept to the plat
amendment proposal of Elder as depicted in Sundesigns Architects Plan dated March 9, 1992
involving the property described as Lots 47-63, inclusive, of Phase IV, Filing III, Ranch at
Roaring Fork (hereinafter "the Elder property"); and
WHEREAS, the Board of Directors have considered said requests and approved the same
subject to the conditions and limitations set forth in the resolutions adopted as follows:
RESOLVED that the proposed wetland enhancement and wetland creation components
of Elder's ACOE Wetland Fill Permit dated March 19, 1992 (hereinafter generally referred to
as "the Project") for the benefit of the Elder Property are approved subject to the following
conditions:
1. The Association shall have no financial liability or any other responsibility for
completion of the proposed Project under any circumstances.
2. Each and every owner of the Elder property shall execute a written agreement, by
incorporation of this Resolution or otherwise, by which such owners agree to indemnify
and hold harmless the Association and its members, directors, officers and agents from
and against any claim, loss or damage arising as a result of work performed on the
Project under said Permit or in violation thereof, whether on the Elder Property, the
common area of the Ranch at Roaring Fork or otherwise. This agreement to indemnify
and hold harmless shall be binding on all owners of the Elder Property and their
respective successors and assigns. Such indemnification shall expressly include but not
be limited to any and all mechanic's liens or similar claims asserted for work performed
and any and all damage to roads within the Ranch at Roaring Fork in connection with
the Project.
3. Prior to the commencement of any work on or which affects the Ranch at Roaring
Fork common areas, the owner or owners of the Elder Property shall provide the
Association proof that the contractor or other person performing such work has in force
liability insurance having a minimum coverage limit of $1,000,000.00, together with
workmen's compensation insurance and other similar coverages as required by the laws
of the State of Colorado. -1CP; >tb-e,aAJoe— r�>' c<n,s'/ r AKT
4, Prior to commencement of any work on this Project, the owner or owners of the
Elder Propertylshall provide the Association proof of the current ownership of the Elder
i r(CSo,Cf17"Id• Rje-VA-6D 8u�� �� � 1J� 5 �� �� (�� (- igt ��
y
its _. , 1, t7
FURTHER RESOLVED, the Board of Directors hereby expresses its support in concept
to the above referenced plat amendment, provided, however, this conceptual support in no way
waives or limits the right of the Association or its Architectural Committee to review plans for
the specific development of any lot, nor does this expression limit or otherwise affect the right
of any individual Association member from opposing the proposed development.
Dated this
day of , 1992.
of the Ranch at
Roaring Fork Homeowners Association, Inc.
ELDER - PUBLIC NOTICE SENT TO
ADJACENT PROPERTY OWNERS:
Lot #45 - 0280 Surrey Street
WILLIAM ROBERT LAEMMEL
MARY E. LAEMMEL
0280 SURREY STREET
CARBONDALE, CO 81623
Lot #46
LAURIE J. ROSENBERG
854 BATTLEMENT PARKWAY #E-207
PARACHUTE, CO 81635
Lot #64 - 0289 Surrey Street
ROBERT D. KREHBIEL
KENNETH G. KREHBIEL
BRADLEY J. KREHBIEL
0289 SURREY STREET
CARBONDALE, COLORADO 81623
Lot #85 - Across Highway 82
JEAN M. BLUE
0401 COUNTY ROAD 104
CARBONDALE CO 81623
Adjacent Wetland
RANCH AT THE ROARING FORK
14913 HIGHWAY 82
CARBONDALE CO 81623
Lot #65 - 0273 Surrey Street
MARK W. MACE
C/O AJAX, C.
311 ASPEN AIRPORT BUSINESS CENTER
ASPEN CO 81611-2543
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
March 10, 1992
Regulatory Branch (199101233)
Mr. John Elder
Post Office Box 18938
Oklahoma City, Oklahoma 73154
Dear Mr. Elder:
Wo'-) Per4.41'5
E03Nornot$
I am responding to an application for Letter of Permission
(LOP) dated December 11, 1991 submitted on your behalf by Mr.
Dean Moffatt. The application for a LOP concerns the
development of ten single family residential lots at the Ranch
at the Roaring Fork in Garfield County, Colorado.
You are hereby authorized to discharge 2,300 cubic yards of
clean fill into 0.36 acre of wetland located near the Roaring
Fork River, Section 36, Township 7 South, Range 88 West, Garfield
County, Colorado, for the purpose of developing ten lots for
residential housing. This project must be constructed in strict
accordance with the proposal outlined in Letter of Permission
Application from Sundesigns Architects dated December, 1991,
and amended by letters from Sundesigns Architects dated January
29, 1992 and February 6, 1992. The project drawings which
reflect the most current amendments and which are authorized are
are enclosed, and are entitled: "Location Map" (Figure A),
"Vicinity Map" (Figure B), "Proposed Plat Modification" (Figure
F-2), "Land Utilization Concept" (Figure J), and "Project
Features" (Figure D, revised 2-6-92).
This LOP is issued under the authority of Section 404 of
the Clean Water Act (13 USC 1344) and is subject to the enclosed
lists of special and general conditions. Please read the
conditions contained within this authorization carefully.
We appreciate your cooperation. Should you have any
questions, please write to Nick Mezei, U.S. Army Corps of
Engineers, Sacramento District, Western Colorado Regulatory
Office, 402 Rood Avenue, Room 142, Grand Junction, Colorado
81501-2563, or telephone (303) 243-1199.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Art Champ
Chief, Regulatory Section
Enclosures
Copies Furnished:
Dr. Gene Reetz, Environmental Protection Agency, 8WM-SP
999 Eighteenth Street, Suite 500, Denver, Colorado 80202-2405
w/ Enclosures
Mr. LeRoy Carlson, U.S. Fish and Wildlife Service, 730 Simms
Street, Number 292, Golden, Colorado 80401
Mr. Jon Scherschlight-401, Department of Health, 4210 East llth
Avenue, Denver, Colorado 80220
Mr. Perry D. Olson, Division of Wildlife, 6060 Broadway, Denver,
Colorado 80216
Mr. Hal D. Simpson, Deputy State Engineer, Colorado Division of
Water Resources, 1313 Sherman Street, Room 818, Denver,
Colorado 80203
t,„. -Mr. Dean Moffatt, Sundesigns Architects, 901 Blake Avenue,
Glenwood Springs, Colorado .81601
w/ Enclosures
Ms. Katherine T. Willer, ERO ResourcesCorporation, 1740 High
Street, Denver, Colorado 80218
2.
June 26, 1991
Mr. John Elder
5821 North Grand Boulevard
Oklahoma City, OK 73118
RE: Lots 47-63, Phase IV, Filing III
Ranch at Roaring Fork
Dear Mr. Elder:
The Board of Directors of the Ranch at Roaring Fork
Homeowners Association understands from your representa-
tives that you are in the process of filing a Letter of
Permission Application to the Army Corps of Engineers for
permission to fill approximately one-half acre of wetlands
on the above referenced property. We also understand that
you propose certain off-site mitigation consisting of the
creation of wetlands and/or the enhancement of existing
wetlands.
Your consultants, ERO Resources of Denver and Sundesigns
Architects of Glenwood Springs, have identified the island
area near the children's playground as a possible
mitigation zone, and have indicated that this area might
serve the purposes of the above Letter of Permission
Application. We further understand that you must submit
to the Corps of Engineers detailed engineering plans
depicting the nature and extent of the proposed work.
This letter is to advise you that the Board of Directors
of the Ranch at Roaring Fork Homeowners Association
supports, in concept, your application and the above
proposed work. We will require a review of the proposed
work to determine its benefits and effects upon the
surrounding area and the Ranch. It should be understood
that this letter does not constitute any final approval of
your proposed plans or any financial obligation on the
part of the Ranch.
Sincerely,
Gwen Ballard, President
Ranch at Roaring Fork
Homeowners Association
/cc: Dean Moffatt, Sundesigns
14913 Highway 82 • Carbondale, Colorado 81623 • (303) 963-3500
1
SUNDESIGNS
ARCHITECTS
ARCHITECTURE
LAND PLANNING
SOLAR CONSULTING
November 16, 1992
Garfield County
109 8th Street
Glenwood Springs, Colorado 81601
ATTN: Mark Bean, Planning Director
REF: Lots 47 - 55, 61 - 63
Phase IV, Filing III
Ranch at Roaring Fork
OWNER: John B. Elder
5821 North Grand Boulevard
Oklahoma City, Oklahoma 73118
REQUEST FOR REPLAT AND SPECIAL USE PERMIT
Phase IV, Filing III was platted in 1978. Since then all but 17 lots have been developed.
Part of the land has been identified as jurisdictional wetland, which hinders complete
buildout. Consequently, a 404 Permit to fill 0.36 acres was obtained from the Arany Corps
of Engineers. This action is to replat the area covered by the above referenced lots into ten
lots, and also for Special Use Permit review for the. revised 100 year flood plain. In support
of these actions please find the following documents:
1. ACOE Permit, March 10, 1992.
2. Schmueser Gordon Meyer report, November 11, 1992.
3. Ranch at Roaring Fork letter, June 26, 1991.
4. Sundesigns Architects Preliminary Replat, October 15, 1992.
5. Schmueser Gordon Meyer Grading Plan, September 9, 1992.
6. Plat of Phase IV, Filing III, Ranch at Roaring Fork, September, 1978.
REPLAT NOTES:
1. The replat area is totally contained within the original property boundary. No part
extends into Common Recreational Reserve or adjacent private land.
2. The number of approved Single Family Lots will reduce from 17 to 10. All other
infrastructure impacts will be reduced accordingly.
901 BLAKE AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201
Replat Request
November 16, 1992
Page 2
3. All utilities for the replatted lots have been engineered, approved by the County and
are in place to the site.
4. Access to the existing WWT Lift Station will be via a 20 foot wide easement between
Lot 3 and Lot 4.
5. The existing 3-phase overhead power line crossing the site from the north to the
WWT Plant will be re-routed underground.
6. The replatted lots meet County and Ranch at Roaring Fork requirements.
7. The building envelopes are defined by the front and sideyard setbacks and the top
of the fill slope (Wetland Fill Permit) in the rear.
Sincerely,
SUNDESIGNS-AR HITECTS
DKM/cap
Attachment:
Application Fee $400.00,
Check #6629, dated 11/09/92
Enclosures as noted (5 copies)
_
RANCH AT ROARING FORK
Phase IV
May 13, 1976
Domestic Water System
The proposed subdivision will be connected to an existing system which
is owned by the home Owners Association of the Ranch at Roaring Fork.
The existing distribution system has adequate line sizes (8") to handle
the ultimate requirement of the total development. Expected peak demand
from the total development is in the range of 250 to 300 gallons per
minute. The present system will have to be extended about 1000 feet to
the Phase IV area.
The existing system has a 200,000 gallon storage capacity. Water storage
requirements for the proposed 67 single family units of Phase 1V, an
additional 25 single fancily units already approved, the 60 existing con-
dominiums, and the restaurant: are as follows:
Average water requirement:
1. Restaurant .: 5,000
2. 152 dwelling units x 3.2 x 150 gallons per day = 72.,460
Total Daily Average 77,960 gallons
Average Daily Flow = 77,960/1440 = 54.1 gallons per minute
Peak Flow = 1.8 x Average = 97.5 g.p.m. or 140,328 g.p.d,
Storage Requirement
1. Equal izing Storage = 30% of Peak., Use = 42,098 gallons
2. Fire Storage (by American Insurance:Association)
Q = 1020 '[P (1 .01 VTr)
Q = Fire demand, gpm
P = Population, thousands
P 15? Units x 3.2 people/unit = 486
Q = 1020(.70)(.993) - 709 709 qpm
Fire storage = Fire flow for 4 hours = 4(60)(709) = 107,160 gallons
3. Emergency Storage = 25,".- of total of all others = 1.25(42,098 +
170,160) = 265,323 gallons
This requirement exceeds the existing storage capacity by 65,323 gallons.
However, the Home Owners Association plans to add an additional storage
tank next year. The additional tank will be timed to accomodate this
Domestic Water tem
page 2
proposed Phase IV and additional development planned by the Ranch at Roaring
Fork, The developer- has plans to construct: only five units in Phase IV this
year wnrrch will give adequate time to complete the design and construction
of an additional Crater storage tank before the present system has reached
capaci cy<
n
t2vacl �4''. (flli�
Edward J. Settle, P.E,
Colo. Req. No. 13072
ENGINEERING 1
NELSON, HALEY, PATTERSON and OLJ IRK, INC.
LT AUSN T S
N
O
CONSULTANTS
760 HORIZON DRIVE GRAND JUNCTION, COLORADO 81501 303: 243-7569
C D N S U l �
June 2, 1976
Mr. Dick Kassebaum
0500 - 102 Road
Carbondale, Co. 81623
Dear Dick:
As per your request, I have calculated the number of additional units which the
present 200,000 gallon water storage tank will handle.
Using an average population of 3.2 people per unit and a usage rate of 150
gallons per person per day, the present tank will handle about 100 homes plus
the restaurant. This would allow for an additional 40 units to the present
system in addition to the 60 existing condominiums and the restaurant.
If you have any questions, please contact our office.
Sincerely yours,
NELSON, HALEY, PATTERSON and QUIRK, INC.
Settle, P.E.
Edward
EJ S : ymc
OFFICES IN GREELEY, DENVER, COLORADO SPRINGS. GRAND JUNCTION, COLORADO: RIVERTON. WYOMING
RANCH AT ROARING FORK
Phase IV
May 13, 1976
Sanitary Sewage Disposal
The sanitary sewer collection system for the proposed subdivision will
connect to an existing outfall line which runsthrough the subdivision...
See Utility and Drainage Plan. The existing collection system and
treatment plant is owned by the Home Owners Association of the Ranch
at Roaring Fork.
The existing sewage treatment plant is located adjacent to the southwest
corner of the proposed subdivision. The treatment plant is a Case -
Cotter AIR -0 -GEST Contact Stabilization Treatment Plant with a design
capacity of 125,000 gallons per day.
The plant is presently treating sewage from 60 condominiums and two
restaurants. An additional 25 single family units have preliminary
approval. Using a per capita flow of 100 gallons per day and 3.2 pe: )le
per unit for the condominiums and single family units the present loading
is 27,200 gallons per day. Flow from the restaurant is in the range of
3000 to 5000 gallons per day. Total present flow equals 32,200 gallons
per day.
Phase IV of the Ranch at Roaring Fork will have 67 single family lots.
Total sewage from this phase will be 21,440 gallons per day. This will
bring the total flow to the plant to 21,440 + 32,200 = 53,640 gallons per
day, which will leave 71,360 gallons per day excess capacity.
In conclusion, the present treatment plant will have sufficient available
capacity to handle the sewage from the proposed development.
Edward J. Settle, P.E.
Colo. Reg. No. 13072
ELDER r•:'r=LUGHN
8428878 P . 1.12
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v. .wl.l•C r. a .•.• 71. r.e.,wS(4f
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cuclr,.(Cutrl[: COL;cCrLY.hr.ii
,410 ALSOtY i1M1[ft
c LNVLR. r.otmk.eo lo,trl
I30)1 lei.Uo,
Glenwood Springs
Tel. 945-7755
January 30, 1979
Norman Sproles, Ranch Manager
The Ranch at Roaring Fork
14913 Highway 82
Carbondale, CO 81623
Dear Mr. Sproles:—)
RE: Rakh at Roaring Fork
Water Rights Analysis
hFl:•.. •(.l Lr.
This report analyzes the current water rights/water resources
status of The Ranch at Roaring Fork. We have made an estimate of the
future ultimate 1 -pater requirements for the Ranch and have compared
the estimate with the existing water supply and water rights tabulation.
Recommendations are made al the end of the report on how to develop and
protect the Ranch's water, for future ultimate needs.
Our work is based on a review of the Manch management's water file,
court decrees, aerial photo analysis, State Engineers office records,
field inspections and interviews with persons familiar with the area
water rights.
WATER REQUIREMENTS
The Ranch at Roaring Fork plans on eventually developing a central
potable water supply system that will serve 100 condominium units, 92
single family residences, a restaurant and 30,000 square feet of commercial
and retail shops and office space-. In addition, the Ranch's operations
will supply irrigation water for the golf course and other open space. It
will also provide the water and water rights for the recreational sloughs
and ponds that are major assets of the Ranch.
Ultimate potable water supply requirements (central water system)
are based on the following assumptions:
The Ranch at Roaring Fork
January 30, 1979
60 Condominium units r existing
40 Condominium units - Filing #'2
25 Residential units Phase #5
67 Residential Units Phase t4
30,000 square feet commerical area
15 acres of irrigation (10 acres for
for condominium -units)
-2-
residential units and 5 acres
For this report we have assumed that each living unit. has a year
around occupancy rate of 3.5 people per unit, requiring 100 gallons per
person per day and the commercial/retail usage is. equivalent to a total
of 20 dwelling units. Based on the above, the ultimate inhouse requirement
would be about 52 gpm(1) (0.12 cfs), or about 83 acre feet per year. The
physical water supply, assuming adequate storage; should be about three
times the average needs, or about 156 gpm for the system. In addition to
the inhouse needs, the central system is assumed to irrigate 15 acres which
will require en additional 250'gpm supply. The physical supply for the
central potable system should yield at least 400 gpm (0.89 cfs) even though
the wintertime average need is less than an eighth of this. .
Irrigation of the golf course and'ppen spaceis assumed to be by
sprinkler system which will:re.quire about 3 acre feet per acre. Maximum
future irrigated acreage on the Ranch is estimated to be 185 acres, including
15 acres under the central potable system, and 20 acres in the golf course.
Wright Water Engineers suggests that the Ranch consider integrating a
partial land treatment system into their overall water resource management. A
land treatment system involves irrigating land with treated waste water effluent.
A beneficial aspect of land treatment is that it would allow the Ranch to re-
duce its irrigation water diversion requirements.
The flow of the Patterson Ditch water through the ponds and the property
for recreational, piscatorial and agricultural purposes is an integral part of
the Ranch's operation. It is assumed a flow of 65 cfs is adjudicated and a
(1) gpm gallons per minute
cfs = cubic feet per second = 449 gpm
AF = acre feet (325,900 gallons) or 1.98 cfs flowing for 24 hours
L- t. _• 'v'H! tL, -IN
The Ranch at Roaring Fork
January 30, 1979
-3-
• minimum flow of 10 cfs is necessary to maintain an adequate ecosystem for
the ranch.
In addition to the "marl made" diversions, much of the Ranch is
naturally subirrigated. The Ranch should not allow any change in the
natural stream channels (i.e. dredging or draining) that would affect
the subirrigation situation.
The c-onsumptive use (the water diverted but not returned to the
stream system) for the development is estimated to be 5% of the inhouse
domestic use, 1.75 acre feet per r)cre for irrigation usage, and 1.2
acre feet per acre for pond surface.
A summary of the Ranch's water requirements under ultimate development
conditions is as follows:
AVERAGE MAXIMUM ANNUAC
.ANNUAL DIVERSION CONSUMPTIVE
DIVERSIONS RATE USE
(AF) (cfs) (AF)
Potable Water System
Inhouse (52 gpm) 83 li.2
Irrigation 45 26.3
Total Potable System 128 0.89 30.5
Golf Course 60 2 35
Other Irrigation (Max 150 ac) 450 15 263
Fish Flow 65 nill
TOTAL ALL REQUIREMENTS 638 77.$9 328.5
WATER RIGHTS
Identification of water rights associated to The Ranch at Roaring
Fork has been based on.a) the physical appurtenance of ditches on the Ranch,
and b) on deeds and correspondence referring to water- rights owned by the
Ranch. To our knowledge, there has been no title opinion prepared on the
Ranch's water rights.
l
ELDER : VAUGHt-a
The Raneh at Roaring Fork
January 30, 1979
842887E:P. 0
-4-
rable 1 presents a summary of water rights associated with the. Ranch.
Not all of the rights listed are owned by the Ranch. However, each does
have some effect on the delivery of water to the Rancli. The following
ditch descriptions begin with the ditch furthest upstream.
Basin Ditch. The Basin Ditch diverts from the north bank of the Roaring
Fork River approximately 3 miles upstream of the Ranch in the )alar; of the
SW.l of Section 33, Tys, R87W. From there the ditch flows in a westerly
direction for about 5 miles.'
A study of aerial photos indicate; that about 60 acres of the Ranch
have been historically irrigated by the Basin Ditch. This acreage is
primarily in the NE portion of the Ranch and represents approximately 10%
of the total acreage irrigated under the Basin Ditch.
Light year's of Water Commissioner records report an average of 39.8 cfs
diverting for an average of 145 days each year delivering 11,265 acre feet
of water to 1 1 10 acres of land.
According . to The Ranch at Rorkg Fork . corr espondence tiler the
Ranch owns only 6.113 cfs' in the 3rd enlargement. This is about liet of the
total ditch rights or 19% of the 3rd Enlargement.
It is our opinion that the Basin Ditch has historically yielded a full
irrigation supply to about 60 acres of The Ranch at Roaring Fork. -
}{nl;tein bitch, The Holstein Ditch is a north bank ditch that diverts from
a branch of the Roaring Fork River approximately one fourth mile upstream of
the Ranch. The Decree for the Holstein Ditch records the point of diversion
as "whence the NW corner of Sec. 3), T7S, R87W of the Gth P.M., bears N
it°IG' W 2,611.5 ft." We believe the actual point of diversion is approxirnateiy
1500 feet upstream. From the headgate the ditch runs NW and enters the Ranch's
lakes and ponds from the east.
ELIDER VAUGHN 842:_:E:7:= P.
The Ranch at Roaring Fork
January 30, 1979
TABLE 1
WATER RIGHTS APPURTENANT TO THE RANCH AT ROARING FORK
-5-
AMOUNT
COURT (1)AMOUNT APPRO. AOJUD. CLAIMED BY
DITCHPRIOR. USE (cfs) DATE DATE RANCH (cfs)
Basi„ 49 1 5.0 10-20-82 '5-1.1-89 0
1st Enlg 108 1 5.0 3-27-85 5-11-89 0
2nd Enlg 137 1 1.8 3-25-86 5-11-89 0
3rd [nig 294 1 33.2 3-1-90 f 8-25-36 6.43
Kelso 114 1 1.0 4-5-85•. 5-11-89 •0
1st Enlg 297 1 2.84 4-15-90 8-25-36 2.84
2nd [nig 447 1 0.7 9-1-36 8-25-'49 • 0.7
3rd Enlg 697 P _ 5.0 6-1-54 6-20-58 5.0
Smith ill & !12 288 1 4.9(2) 6•-1-88 8-2S36 4.9
Holstein 444 1 .2.23 8-26-36 8-25-49 2.23
Patterson 445 • 1 6.3 • 8--26-36 8-25-49 6.3
Jacobson Lakes . 225.2 AF
Pond 834 PDR storage 5-3-66 11-5-71 225.2 AF story
Patterson -Jacobson
Extension 835 PDR 65.0 5-3-66 11-5-71 65.0 •
Patterson -Jacobson
Extension 835 D 0.71 AP(3) 5-3-66 11-5-71 0.71
(1)
Use: 1 = irrigation
P Fishery
D = Domestic
Ft = Recreational
The Smith No. 2 decree states that this ditch irrigates the same land
is Smith No. 1 and "the amount of water which both ditches areentitled
to draw at one time shall be limited to 4.9 cfs".
Alternate point of diversion, transferred to Jacobsen Spring.
..---U- --
ELUEF,' h VrI WGHN S428878
The Ranch at Roaring Fork
January 30, 1979
-6-
P. n
The ranch claims 100% of the 2.23 cfs, Aerial photos show that
roughly 30% of the total 28 acres irrigated by the Holstein Ditch is east
of the Ranch. It is difficult to determine what the historic irrigated
acreage Was since much of the land under the ditch may bessubir-rigatc.d.
Water Commissioner records show an average daily diversion of 4 cfs
for 162 days yielding 1291 acre feet in ail average year to irrigate 120
acres. Thus, historic diversions are almost twice the decreed amount.•
It is possible that Holstein water was also used to irrigate lands under
the Patterson Ditch. In practice the watersof the two. -ditches were probably
combined.
Patterson Ditch and Jacobson Extension. The two Patterson headgate_s and
the Jacobson Extension feed the systems of ditches, sloughs and ponds the
Ranch has created for recreational purposes. Patterson Headgate No. 1
diverts water from the north bank of the Roaring Fork River near the SE
corner of the Ranch. According to the decree for this ditch the headgate
is located :'whence the sE corner of Sec. 36, T7S, R87W, of the 6th P.M. bears
S 02° o6' 36" W 2,355.4 feet." From ..this. point of diversion the Patterson and tl
Jacobson Extension flow about 400 feet in a northerly direction to a "pond
and slough" area where the Patterson headgate No. 2 diverts water from the
main slough into the main Patterson Ditch which flows in a NW direction to
supply the Ranch's lakes and ponds.
The Water Commissioner only shows diverson records for the "Patterson
No. 2" headgate (average flow - 6.8 cfs for 165 days diverting 2249 acre feet
to irrigate 175 acres). We believe the ditch has historically diverted many
times the amount the record shows. The reason the records are silent may be
that there is no measuring devices on the ditch.
The Ranch owns 100$ of the Jacobson Extension•right. The right is for
65 cfs and is to be used for recreational and piscatorial purposes with 2 cfs
reserved for domestic purposes. 100% of the Patterson Ditch original decreed
6.3 cfs is claimed by the Ranch.
The Ranch at. Roaring Fork
January 30, 1979
-7-
A study of aerial photos indicates that approximately 50 acres can
be irrigated under the Patterson bitch. However, it is likely that most
, of the land under the Patterson Ditch is subirrigated.
Jacobson lakes and Ponds. This system of lakes and distribution ditches
is in the NE corner of Sec. 36. The Ranch was awarded a decree for 225.2 AF
of water for storage. These storage facilities are used for recreational and
piscatorial purposes. Water to supply the lakes is carried in the Holstein
is discharged
Ditch and the Jacobson Extension. Below the lakes the water
into the River's network of b.raided branches. The decree is condi,tjonal.
Jacobson Springs: According to the decree the spring is "at a point in
Sec. 36, T7S, R88W of the 6th P.M. whence the NE corner of said Sec. 36
bears N 06° 07' 17" 1,358.68 feet". The spring was awarded a right of
0.71 cfs (319 gpm) for domestic use as an alternate point of diversion for
a portion of the 2 cfs decreed for domestic purposes at the Jacobson Extension
entrance. This spring is the only source of domestic water that presently
is servicing the develpment other than an unadjudicated 10 gpm well. The
firm yield of the spring (50 gpm or. less) appears to be less than 15t of
the decreed amount.. Tho. well is roost likely limited to servicing a few
structures near the original Ranch House.;
Kelso Ditch. There appears to be two Kelso headgates within the Ranch
property boundary. The main headgate is a north bank diversion that takes
water from a slough of the Roaring Fork River in the southern portion of the
Ranch. The headgate location according to the decree is "at a point south
440.36' cast 2640 feet" from.the witness corner to the SW corner of Section
25, T7S, R88W of the 6th P.M. The second headgate diverts from "a branch of
the Roaring Fork River" in the central northern section of the Ranch. The
original decree places the headgate in Sec. 27, however, subsequent water
court transfers have created alternate points of diversion for the Kelso head -
gates. Downstream of the Ranch the ditch enters the river's slough network
and returns to the main Roaring Fork channel.
We understand that the Ranch claims no portion of the original Kelso
Ditch decree of 1.0 cfs. We believe this to be true because the original
tLLth: %Se VHVtaHN
The Ranch at Roaring Fork
January 30, 1979
t%4Z t" YG
headgate is situated downstream of the Ranch. The ranch appears to claim
some
portion of the first 3 Kelso Ditch decree enlargements totalling 8.54
cfs. We are uncertain as to what percent is owned by the Ranch.
Aerial photos indicate that approximately 40 acres in the western
section of the Ranch could have been historically irrigated by the Kelso
Ditch with water diverted thru the main headgate. The 40 acres.,lie entirely
within the Ranch's property boundary. 1t appears likely that roughly one-
half of the 40 acres could have been subirrigated.' The Water Commissioner's
records report that after the 1973 road construction associated with'the
development, irrigated acreage was cut from 150 acres to:80 acres. The
daily diversion since 1973 has been 1-2 cfs. Prior to construction, the
daily diversion was 3-6 cfs.
Smith Ditches No. 1 and No. 2. The 2 Smith headgates divert from different
water channels but irrigate the same fields with a decreed amount not to
exceed 4.9 cfs for both ditches at One time. The decreed location of the
Smith headgate No. 2 is at "north bank of the Roaring Fork River whence
the quarter'corner of Sec. 25 and Sec..36, T7S,' R88W bears N 6° 15' W
1,886.4 feet". The actual location is approximately .700-800 feet downstream
along the slough. Headgete-0o;-2 diverts from the "north bank of the Roaring
Fork River whence the quarter corner.of Sec. 25 and Sec; 36; T7S, R88W bears
N 42° 35' E 332.6 feet". This locates the headgate as diverting from the
network of waterways below the Stagecoach Restaurant.
We believe the Ranch claims 100% of the original Smith Ditch decree of
4.9 cfs. Interpretation of the aerial photos indicates that 50-55 acres
within the Ranch boundaries could have been historically irrigated by the
Smith Ditches. This appears to be all•of the land irrigated by the Smith
Ditches. However, again it appears that this entire acreage may have been
subirrigated.
The Water Commissioner records show an average daily diversion of 10.4
cfs for 195 days for 205 acres with a total annual diversion of 5510 AF
C LLGM1 .-. •: HrJ._ r'l r1
The Ranch at Roaring Fork
January 30, 1979
-9-
diverted and a. seven year average of 205 acres of Irrigated land.
The historic diversions have been twice the decreed amounts.
WATER SUPPLY - POTACLC WATER SYSTEM
Currently the Jacobson Spring is the only supply for. the central
potable water system. According to Ranch Management the spring's flow
varies from about 10 to250 gpm depending on the season. Wright Water
Engineers measured the spring's flow at 50 gpm on January 30, 1979.
Water quality was analyzed to be:
480 mg/1 hardness (very hard)
0 m9/1 nitrate.
12.5 rng/1 chloride
250 mg/1 sulfate
80 C temperature
It is our opinion that this spring cannot be used as a long term reliable
water supply for more than 10. gpm. To meet the future and.ultirnate needs
of the central system, we recommend thaf atleast ane well be drilled and
added to the central system. It is also our opinion that a good municipal
type well could be developed almost anywhere in the southern part of the
Ranch property near the Roaring Fork River.
Since the present spring yields relatively hard water we recommend
that if a well is drilled it be drilled near the Roaring Fork River where
the ground water will most likely be of higher quality, i.e. less hard:
WATER SUPPLY - IRRIGATION AND PISCATORIAL
The Ranch's ditches have historically diverted thousands of acre feet
of water from the Roaring Fork River each year. The flow in the Roaring
Fork River at the Ranch will never dry up. The minimum flow recorded at
the Roaring Fork gage at Glenwood Springs was 145 cfs on January 21, 1935.
(The average flow during the past 65 years has been 1,370 cfs), Senior
3.
it
The Ranch at Roaring fork
January 30, 1979
-10-
water rights on the Color do River below Glenwood Springs will prevent any
"drying up" of the Roaring Fork River near the Ranch. (Reaches of the
Roaring Fork River have dried up in the past near Aspen.)
It is also our opinion that the Ranch currently owns sufficiently
senior irrigation water rights to meet its irrigation requirements even
in the driest years.
CONCLUSIONS
The Roaring Fork River and the Ranch's irrigation rights can satisfy
all irrigation .(and piscatorial) water needs the Ranch contemplates, even
in the worst drought years. •
The year around potable domestic water supply is now diverting under
a 196E water right which is relatively junior and could. be called out under
future conditions: such as, when and if development of oil shale occurs.
This 1966 right is not likely to be called out in the near future.
The Jacobsen Spring with its limited yield will not supply. the water
need for the ultimate potable water system.
•
RECOHMCNDATIONS
We recommend that The Ranch at Roaring Fork take the' following steps
to protect and improve its physical and "legal" water supply.
1. Apply fora well permit and a 1979 ground water right for a 300
gpm well, for the potable water system.
2. Drill the,well wheh development level requires more water than
the spring can yield. (Water- demand may he greater than estimated
in this report due. to: leaks in the distribution system, excessive
bleeding in the winter to prevent freezing, or unusual water
wasting.)
3. Transfer a portion of the remaining 1..29 cfs decreed Jacobson
Extension domestic water right to the well.
The Ranch at Roaring Fork
January 30, 1979
-10-
submit application to change Jacobson lakes and ponds conditional
right to an absolute right.
5. Install measuring flumes on each,of the ditches that do not
have measuring flumes. (The law requires this.) Use the Ranch's
water rights to their fullest and urge the Water Commissioner to
record the Ranch'w tater usage.
6. Obtain a decree for the existing domestic well.
7. With advice of legal counsel, familiar with Colorado Water Law,
prepare a plan of augmentation to cover the Jacobson Spring and
any wells against a potential call on the 1966 domestic water
right.
Please feel free to contact us if you have any questions concerning
this report.
Very truly yours,
WRIGHT WATER ENGINEERS, INC.
Walter.F. Bricker
BY Kee:Lana_
William L. torah
WFB:WLL:ep
781-82
GARFIELD COUNTY
PLANNING DEPARTMENT
May 16, 1986
SUNIIESIGNS ARCI1i7-ECFS
Dan Kerst
302 8th Street, Suite 310
Glenwood Springs, CO 81601
Re: Ranch at Roaring Fork - Phase IV, Filing 3
At your request, I have reviewed the files on the Ranch at Roaring Fork,
Phase IV, Filing 3, to determine the status of the subdivision. Due to
the fact that there are a number of legal questions, Don DeFord, County
Attorney, has reviewed this letter and the Subdivision Improvements
Agreement for Phase IV, Filing 3, Ranch at Roaring Fork between Kassco
Realty Corporation and the County.
Based on the information in the file and County Commissioners' minutes,
the above noted Subdivision Improvements Agreement was signed by both
parties on September 25, 1978. The agreement divided the project into two
stages; Stage I, lots 34-46, 64-67 and Stage II, lots 47-63. Collateral
was to be an escrow account in the Bank of Aspen. Funds were escrowed for
Stage I, with all funds being released. There was no account established
for Stage II and no improvements completed.
When the first escrow account for Stage I was established, the Final Plat
for the entire Phase IV, Filing 3 was recorded on February 27, 1979, Plat
Book Cab 81, Page 92-A, Reception number 292314.
As a result of the review of this information, there are a number of
issues to consider. These issues are the following: -
1. The final plat has been recorded, allowing the developer to
convey all of the lots to other parties.
2. There has been a breach of contract, which according to section
3.2 of the contract can be remedied by requiring specific
performance.
3. Because improvements have not been completed for Stage II, the
County would not issue any building permits until all
improvements are completed or escrow account is established to
insure the completion of the public improvements.
SLirt 307
109 OTI I STREET, TIIIR0 ULO(
945.0212/625-5571 GLENWOOD SPRINGS, COLORADO 01601
Page Two
Kerst
May 16, 1986
Technically, K & E Development Company has -an approved subdivision in
which all lots could be conveyed to another party. But, no building
permits would be issued for lots 47-63, resulting in a marketable, but
unbuildable subdivision.
Another option of K & E Development would be to vacate that portion of the
plat containing lots 47-63 and declare them one lot. This would negate
all subdivision approval and require a full subdivision review of any
proposal to replat the lots or change the concept.
There may be other options available to the developer that are variations
of the previously noted options. For the time being though, the County's
position is that the lots are marketable but unbuildable. If you have any
questions, feel free to call or write to me.
Sincerely, ' •�?=Gh�--
Mark L. Bean
Planning Director
MLB/emh
XC: R. H. Kassebaum
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
November 19, 1992
Mr. Dean Moffatt
Sundesigns Architects
901 Blake Avenue
Glenwood Springs, CO 81601
RE: Floodplain Special Use Permit - Lots 47 - 55, 61 - 63, Phase IV, Filing III, Ranch at the
Roaring Fork
Dear Dean:
Your client's request for a Floodplain Special Use Permit, identified on the enclosed public notice form,
has been scheduled for a public meeting before the Board of County Commissioners on December 14,
1992, at 2:00 p.m., in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109
8th Street, Glenwood Springs, Colorado. It is suggested that you be present at the meeting.
A copy of the enclosed public notice must be submitted to a local newspaper of general circulation, for
publication one time at least 15 days prior to the meeting. You should contact the newspaper directly
regarding obtaining the proof of publication and billing. In addition, copies of the public notice form
must be mailed by certified return -receipt to all adjacent property owners no less than 5 days prior to the
meeting. All mailings should be completed no later than December 7, 1992, to ensure compliance. The
proof of publication from the newspaper of general circulation and return -receipts from the mailings must
be submitted by the applicant at, or prior to, the public meeting.
Please contact this office if you have further questions regarding your application or the public meeting.
Sinlzer@ly,
Dave Michaelson
Planner
DM/dhm
Enclosure
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601