HomeMy WebLinkAbout1.0 ApplicationBEFOR•HE BOARD OF COUNTY COMMISSION• OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned ,*,4e uerf 4&47/
I�ay rnond � .L�.-�o.,>
2r7µ .Cou peer/o.4) ar1 J�CCahc-c Co/reanAiiiispectful ly petitioners the
Board of County Commissioners of Garfield County, Colorado, to exempt by resolu-
tion the division of /4.,e1i2 acre tract of land into 7:',;‘, tracts of
approximately 8.x68 { 7.87,ZV acres fir, more or less, from the difinitions of
"subdivision" and "subdivided land" as the terms are used and defined in C.R.S.
(1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
��t I ter cc(
In support of this petition, the petitioner also submits the following:
iQ Map drawn to scale showing proposed lot
subdivision and access
Copy of deed
Vicinity Map
A/ State on source of domestic water ,LniL
npl Statement on method of sewage disposal , ��,auaao
*/
,;/ 100 year floodplain information where
live stream crosses or adjoins s id tract
4 Fee in the amount of $ G 7, °O /4,e//.2,4,-,0)
Evidence of the soil types
Submitted at Glenwood Springs, Colorado, this .201' day of Ati, et , 192/
4 e tsw--tel rtx„.0-
ia.C,ea,,„.cc, eo. , fir.
Mai1 in ddrgss
4 S/4..5-0
bas /41/ "vs--es.454
Telephone Number
NAME:
•
EXEMPTION
PURPOSE OF EXEMPTION:
-‘2-49 c)// c5;)P 11ni�
/2.,—,--5/ /_3
ZONING:
QUALIFICATION FOR S.B. 35
LOCATION OF SITE
WATER:
DIV. OF WATER RESOURCES RESPONSE:
SEWER:
CHECK LIST:
FEE PAID ($50 +1.00/acre for each parcel created
�1�AP showing proposed lots and access
;/ DEED
VICINITY MAP
/17/e 100 yr floodplain info.
SOIL MAP
L-24LIF community water, letter of approval
COMMENTS:
under 35
from governing body
acres)
)
(z2, _—;K/ 7`c,)) -/73
• •
RIFLE%Better
RealtyCo. Inc. I Homes
I and Gardens
R'
142 W. 3rd Street, Rifle, Colorado 81650 Telephone (303) 625-1681
April 27, 1981
Terry L. Bosnian
Garfield County Planning Dept,
2014 Blake Avenue
Glenwood Springs, CO 31601
Dear Terry:
Please find enclosed the legal description as prepared
by Transmountain Title Co. from the survey completed by
Sutherland (S.E,I,). It is the legal for Parcel g2 on the
Barlow-Piceance exemption application,
If I can be of further assistance to you, please call.
Sincerely,
Enclosures
di w
Mike Pruett
Broker Associate
142 W. 3rd Street 257 E. 1st, P.O. Box 5
Rifle, Colorado 81650 Parachute, Colorado 81635
(303) 625-1681 (303) 285-7538
®MLS
REALTOR
•
/ •
/6c
e
A Parcel of land in the NES► of Section 36, Township 5 South, Range
93 West of the 6th Principal Meridian, County of Garfield, State of
Colorado, more particularly described as follows:
Commencing at the NE Corner of said Section 36; thence along the North
line of said Section 36, S.89°49'48" W. a distance of 622.00 feet;
thence S.3°44'02" W. a distance of 1494.22 feet to the True Point of
Beginning;
Thence N.89°33'45" E. a distance of 312.81 feet, to a point of the
Westerly right-of-way of State Highway No. 13; thence along said
Westerly right-of-way the following described courses:
1) thence along a curve to the right having a radius of 2263.83 feet
and a central angle of 6°32'53", an arc distance of 258.72 feet ( the
chord of which bears S.3°35'44" W. a distance of 258.58 feet );
2) thence S.6°52'11" W. a distance of 224.82 feet;
thence departing from said Westerly right-of-way S.72°38'04" W. a
distance of 173.77 feet; thence N.71°42'59" W. 53.75 feet; thence
N.50°23'51" W. 106.33 feet; thence N.3°44'02" E. a distance of
447.06 feet to the Point of Beginning.
•
March 30, 1981
Board of County Commissioners
Garfield County
Glenwood Springs, CO 81601
Gentlemen.
•
RIFLE %Better
Realty Co. Inc. 1 i Al Homes®
and Gardens
142 W. 3rd Street, Rifle, Colorado 81650 Telephone (303) 625-1681
c
Acting as agent for Raymond R. and Ina Lou Barlow, and Piceance Company, Ltd.,
I am. petitioning the Board of County Commissioners for an exemption from the
Garfield County Subdivision Regulations, for the splitting of properties by
the above-named parties.
Piceance Company is the owner and developer of the Rimrock Subdivision, the
First Filing being already annexed to the City of Rifle. The Second and Third
Filings are presently going through the sketchplan phase for annexation and
zoning.
The property involved with this exemption request is located in the Third Filing
and adjacent to highway 13. The Barlow propertyis adjacent to the Third Filing
and is located at the intersection of Highways 13 and 325.
Rifle's Comprehensive Plan calls for one access from Third Filing to Highway 13,
at the intersection of Highway 325. The Colorado Department of Highways fully
endorses the idea. To accomplish this plan it was necessary to begin negotia-
tions to acquire the Barlow property by Piceance Company. Both parties have
entered into an agreement to exchange certain parcels so that Piceance can
acquire the necessary land to provide proper access. The parcels have been
surveyed and are enclosed. herein.
If you have further questions, please call me at your convenience. Otherwise,
I will be present at such meeting as 1 am placed on the agenda.
Thank. you
Mike Pruett
Broker Associate
cr
Enclosure
142 W. 3rd Street • 257 E. 1st, P.O. Box 5
Rifle, Colorado 81650 Parachute, Colorado 81635
(303) 625-1681 (303) 285-7538
MLS
REALTOR
• •
EXEMPTION
One of the following requirements must be met to qualify for an exemption from the
Garfield County Subdivision regulations:
1. The newly created parcel will be for a spouse, son, daughter, or spouse
of a deceased child.
2. The subdivided parcel is split by a public right-of-way (State or Federal
Highway, County Road or Railroad) or natural feature preventing joint use
of proposed tracts and the division occurs along that public richt-of-way
or natural feature.
The newly created tract will be owned by a public entity or will be used
soley for the purpose of providing access to existing parcels, resulting
in the creation of no additional tracts.
4. The conveyance is for the purpose of adjusting property lines, and the
conveyed tracts become part of existing tracts, there being no new parcel
created.
5. The proposed tracts were created and separately identified prior to the
1st day of September, 1973, or were created and separately identified
through the exemption process prior to the effective date of this resolution.
6. The property being subdivided has been under the same ownership for at
least five (5) years, and the division together with any earlier permitted
under circumstances not defined above, will create no more than three (3)
new tracts under 35.0 acres in size.
All new parcels created must meet all requirements of the applicable
Procedures:
Applicant will obtain a copy of the petition for exemp
Planning Office.
from th
,2! The completed petition for exemption will be returned with the required
information as outlined on the application.
pe Upon review and determination that the application is complete, a meeting
with the Board of County Commissioners will be set by the Planning Office.
s. If approved by the Board, a legal description of each new tract created
will be furnished to the Planning Department within 120 days. A resolution
will be prepared and signed by the Chairman of the Board granting the
exemption.
The following information will be submitted along with the petition for exemption:
rl! Map drawn to scale showing proposed lot subdivision and access.
,.2Copy of deed and letter from property owner, if other than petitioner.
,.3: Vicinity map (Copy of USGS quadrangle map showing property location or
equivalent.)
100itStatement on source of domestic water to each tract. (Individual well,
community well, spring, cistern, municipal system, etc. )* €4 e
0? Statement on method of sewage disposal. (Individual s stem or com nity
'�-�` system)*
10k 100 year floodplain information where live stream crosses or adjoins the
proposed subdivided land.
Evidence of the soil types and characteristics of each type. (Soil
conservation analysis)
*If community or municipal system will provide service, then letter from the
governing body stating the willingness to serve will be provided.
1/F-egoe: $50.00 plus $1.00 per acre for each parcel created under 35 acres in size.
Checks will be made payable to "Garfield County Treasurer."
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WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS THAT:
S & M ASSOCIATES, a partnership, whose address is 142
West Third, Rifle, Colorado 81650, hereinafter referred to
as "first party" for and in consideration of ten dollars and
other valuable considers -tom • hand paid, hereby sells and
conveys tom PICEANCE COMPANY LTD. a limited partnership,
whose address is c/o Ambrose & Co., 650 Seventeenth Street,
Suite 1200, Denver, Colorado 80202, hereinafter referred to
as "second party" the following described property in the
County of Garfield and State of Colorado, to -wit:
TRACT "I"
IN TOWNSHIP 5 SOUTH, RANGE 93 WEST OF THE 6TH. P.M.
Section 35: E zNE 4
Section 36: SZNW4, SW4NE 4, NW4SE4, SE 4SW 4, the West
30 acres of the SW4SE4 and a part of the
E1/2NE4 described as follows:
Beginning at a point on the North line of
said NE4 whence the Northeast corner
thereof bears N. 89°49'48" E. 622 feet;
thence S. 89°49'48" W. along said North
line, 703.34 feet to the Northwest
corner of said E14NE4; thence S. 0°17'48"
E. along the west line of said E1/2NE4,
1324.87. feet to the Southwest corner of
the NE4NE4 of said Section; thence S.
0°15'31" E. along the west line of said
E1/2NE4, 1324.62 feet to the Southwest
corner thereof; thence N. 89°35'44" E.
along the southline of said NE4, 802.4
feet to a point on the westerly right of
way line of Colorado State Highway No. 13;
thence along said right of way line, the
following courses and distances:
Northerly, along a non -tangent curve to
the right having a radius of 5780 feet
and a central angle of 4°27'51" (the
chord of which bears N. 4°29'05" E.
450.23 feet) an arc distance of 450.35
feet; and N. 6°43' E. 228.5 feet to a
point on the boundary of a tract conveyed
to Barlow by deed recorded in Book 390
at Page 343 of the Garfield County
records;
thence along and conforming to the boundary
of said Barlow tract, the following courses
and distances (which bearings have been
rotated counterclockwise 0010112"): S.
72°51'12" W. 175.18 feet; N. 71°42'12"
W. 53 feet; N. 50°24'12" W. 106.2 feet
and N. 3°42'48" E. 1941.5 feet to the
point of beginning.
IN TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH. P.M.
Section 4: Lots 2 and 3 and a part of the SZNE4 described
as follows:
Beginning at. the Northwest corner of said
SZNE4; thence S. 0°03'28" E. along the west
MAN
line of said SIINE4 1316.3 feet to the
center of said Section 4; thence N. 89°47'03"
E. along the South line of said NEQ 743.79
feet to the centerline of Government Creek;
thence along the centerline of said Creek,
the following courses and distances:
N. 18°57'30" W. 105 feet; N. 54°04'30" W.
386 feet; N. 10°27'30" W. 131 feet; and N.
4°19'30" E. 28.86 feet; thence E. 867.86
feet; thence S. 45° E. 70.71 feet to a
point which is 20 feet West of the East
line of the SWQNEQ of said Section 4;
thence S. 0°30'36" E. parallel with and 20
feet distant from the East line of said
SWQNEQ 170 feet to a point on the Northerly
right of way line of an existing County
road; thence N. 63°51'17" E. along said
right of way line 66.55 feet to a point
which is 40 feet East of the West line of
the SE4NE4 of said Section 4; thence N.
0°30'36" W. parallel with and 40 feet
distant from the West line of said SEQNE4
1028.27 feet to a point on the North
line thereof; thence S. 89°40'59" W. along
the North line of said S2NE4 1346.8 feet to
the point of beginning;
Together with an easement of right of way 30 feet in width
for the installation, maintenance and repair of water lines,
sewer lines and other utility lines to be constructed to
serve Tract I and Tract II herein described over, across and
under the westerly 30 feet of the tracts of land described
in Parcel "A" and"
B as follows:
PARCEL "A"
A part of the SEQNE4 and of the NE4SE4 of said Section.4
described as follows:
Beginning at the intersection of the Westerly right of
way line of Colorado State Highway No. 13 with the west
line of said NE4SE4; thence North 18°42' East along
said Highway right of way line, 123.01 feet to a point
which is 40 feet East of the West line of said SEQNE4;
thence North 0°30'36" West, parallel with and 40 feet
distant from the West line of said SEQNE4, 218.27 feet
to a point on the South right of way line of an existing
County road; thence South 63°51'17" West, along said
right of way line, 44.37 feet to a point on the West
line of said SEQNE4; thence South 0°30'36" East, along
said West line, 204.47 feet to the Southwest corner of
said SEQNE4; thence South 0°15'54" East, along the West
line of said NE4SE4, 110.76 feet to a point of beginning.
PARCEL "B"
TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH. P.M.
Section 4: The west 40 feet of the NE4SE4 lying
southerly of Highway No. 13.
The above described Parcel "B" contains 0.91 acres, more or
less.
Together with an easement and right of way for purposes of
the construction, installation and maintenance of utility
lines which easement is 20 feet wide being 10 feet on either
side of the following described centerline, to -wit:
Commencing at the center of said Section 4; thence N.
89°47'03" E. 743.79 feet along the south line of the
SW4NE4 being also the south boundary of Parcel A above
described; thence N. 89°47'03" E. 152.00 feet along the
south line of the SW4NE4 of said Section 4 to a point
on the north right of way line of the county road;
thence N. 44°32'24" E. 128.88 feet along the north
right of way line of said county road to the true point
of beginning; thence N. 49°04'18" W. 361.11 feet;
thence N. 00°00'00" E. 154.38 feet to the point of
terminus, also being a point on the perimeter of said
Parcel A.
EXCEPTING from the foregoing the portion thereof platted and
subdivided as Rimrock Subdivision, First Filing, as amended.
TRACT "II"
Lots 1 - 135, inclusive,
Rimrock Subdivision, First Filing, as amended
Together with all of the seller's interest in and to any and
all ditch and water rights, belonging to, used upon or in
connection with the above described property including, but
not exclusively, 54.8 miners inches in Priority No. 100 and
52.6 miners inches in Priority No. 82, all in the Grand
Tunnel Ditch and 0.5 c.f.s. out of Priority No. 91 out of
the Wisdom Ditch.
Together with any and all improvements situate thereon and
any and all grazing rights and privileges connected therewith.
Together with all of first party's right, title and interest
in and to the Right of First Refusal dated February 21, 1979
in which William G. Wigington also known as W. G. Wigington
as seller and the first party as buyer effecting the property
as therein described which Right of First Refusal is recorded
as Reception No. 292268 in Book 523 at Page 312 of the
Garfield County records.
Together with all of the first party's right, title and
interest in and to all of the land described as Rimrock
Subdivision, First Filing, as -amended.
with all its appurtenances and warrants title to the same,
except and subject to general property taxes for the current
year, U.S. patent reservations and exceptions, and EXCEPT:
a) right of way of Mountain States Telephone and
Telegraph Company recorded in Book 147 at Page 49 of
the Garfield County records;
b) right of way of Cascade Natural Gas Company recorded
in Book 370 at Page 539 of the Garfield County records;
c) rights of way for Wisdom Ditch, Grand Tunnel Ditch
and for the continued flow of water in Government
Creek;
d) Subdivision Improvement Agreement with the City of
Rifle recorded in Book 520 at Page 742 of the Garfield
County records;
e) easements for utilities, drainage, irrigation and
walkways shown or: and/or dedicated by the recorded plat
of Rimrock Subdivision, First Filing, as amended;
- 3 -
f) rAhrictions which may be im d upon Rimrock
SubdivIgron, First Filing, amended, as disclosed by the
dedication of said plat;
g) easement of right of way for the Wisdom Ditch as
reserved by W.G. Wigington a/k/a William G. Wigington
in the deed to S & M Associates, a partnership, recorded
February 2, 1979 in Book 523 at Page 299 of the Garfield
County records;
h) Mortgage Deed from S & M Associates, a partnership
in favor of W.G. Wigington to secure their promissory
note in the principal sum of $372,913.79 dated February
21, 1979 and recorded in Book 523 at Page 303 which
obligation the said S & M Associates agrees to pay;
i) recorded Mortgage given the City of Rifle recorded
in Book 520 at Page 754 of the Garfield County records;
j) an Amendment to the Subdivision Improvement Agreement
recorded May 1, 1980 in Book 527 at Page 609 of the
Garfield County records;
k) Quitclaim Deed as to future interests recorded in
Book 527 at Page 612 of the Garfield County records; and
1) prior mineral reservations and oil and gas leases
of record.
There shall be excepted from the warranties herein contained,
all water and water rights herein described which water
rights the first party warrants to second party against all
and every person or persons lawfully claiming all or any
part thereof by, through or under the first party.
SIGNED this ,300-4A day of May, A.D. 1980
S & M ASSOCIATES, a partnership
By %% c 1» /.3 7 4.,(.94 +t 2'
William B. McDowell -General Partner
By
STATE OF COLORADO )
)-SS.
COUNTY OF GARFIELD )
Leo Swartzendrjber-General Partner
The foregoing instrument was acknowledged before me
this :30/1 day of May, 1980, by William B. McDowell and
Leo Swartzendruber as General Partners of S & M Associates,
a partnership.
WITNESS my hand and official seal.
My commission expires: /71A<,0,,.10.1, (4f/
,-/Nota
• •
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Map Unit No._ 38C
SOIL CHARACTERISTICS
Depth to bedrock
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent coarse fragments
(greater than 3 inches)
Salinity (ECx10 to 25°C)
pH (surface)
Shrink -swell Potential
Potential frost -action (surface)
Flood Hazard
Hydrologic Group
Corrosivity r; Leel (uncoated)
Concrete
: More than 60 inches •
: Clay loam
: Silty clay to clay
: Silty clay loam
: CL, CH
: Slow to very slow
0
. 7.4-7.8
: High
: Low
: None
C
11 i.� ;Ir
High
DEGREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate, S is Severe)
Septic Tank Absorption Fields : S
Sewage Lagoons : M
Sanitary Landfill Trench
Area
Shallow Excavations
Dwellings w/basements
w/0 basements
Local Roads & Streets
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill
Roadfill
Sand
Gravel
Topsoil
SUBJECT TO CHANGE.
S
0
Peres slowly
Slope
Too clayey
S Too clayey
S Shrink -swell, low strength
• S Shrink -swell, low strength
S Low strength, shrink -swell.
: Poor Too clayey
Shrink -swell, low utr•c;ngt1r
11rr;nr 1 14 (1 f•.i n01r
UruuLi Leri Nxcc::rrs 1•inuu
Pour Tur, ckLyoy
NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
380-Heldt clay loam, 3 to 6 percent slopes. This deep, well
drained, gently sloping soil is on alluvial fans and valley sideslopes.
It formed in fine textured alluvial sediments from shale and sandstone.
Elevation ranges from 5,000 to 6,000 feet. The average annual pre-
cipitation is about 1)4 inches, the average annual air temperature is
about 48 degrees F., and the average frost -free period is about 120
days.
Typically, the surface layer is grayish brown light clay loam
about 8 inches thick. The subsoil is light brownish gray clay loam
about 13 inches thick. The substratum in t i.gL t gray clay that extends
to a depth of more than 60 inches.
Included with this soil in mapping are small areas of Olney,
Arvada, and Kim soils having slopes of 3 to u percent. These soils
make up 5 to 10 percent of the mapping unit.
Permeability of the Heldt soil is very slow. Effective rooting
depth is 60 inches or more. Available water capacity is high. Surface
runoff is medium and the erosion hazard is slight.
This soil is used for irrigated cropland and hayland. Some areas
are used for livestock grazing. Alfalfa, small grains, some corn for
silage, and grass or grass -legume mixtures are grown. Green manure
crops and applications of commercial fertilizer are generally needed
to maintain or improve tilth and fertility.
Flooding is the method of irri,,,ri.l,ioh ::uiLahle for this soil.
Intake rate is very slow and wide, deep cracks develop when the soil dries.
•
38C-Heldt clay loam 2
Irrigation rates and tillage practices oust be carefully planned to
allow for soil conditions.
The native vegctation on this soil is mainly western wheatgrass,
junegrass, big sagebrush, and low rabbitbrush.
When the range condition deteriorates, forbs and woody shrubs
increase When the range is in poor condition, undesirable weeds
and annual plaints are numerous. Proper grav,ing management maintains
and improves range condition. Reduction in brush improves deteriorated
range sites. Seeding is a good practice if the range is in poor con-
dition. Suitable plants for seeding are western wheatgrass, stream -
bank wheatgrass, and. crested wheatbraos. For successful seedirags,
a good practice is to prepare a seedbed and drill the seed.
Wildlife using this soil for habitat include cottontail rabbit,
squirrel, mourning dove, and pheasant.
This soil is limited for community and recreational developments
by slow permeability, high clay content, and si,rinak-swell. Dwellings
and roads can be designed to compensate for the low strength and shrink-
swell properties of this soil. The use of septic tank absorption fields
is severely limited because of very slow permeability. Community
sewage disposal systems are needed if population density increases.
Capability subela: o Me; lo; IVe duland.
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