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HomeMy WebLinkAbout1.0 ApplicationGILEAD GARDENS PRELIMINARY PLAN GARFIELD COUNTY COLORADO March 13, 20f}r3 OWNERS/APPLICANT BBD TRUST, A TRUST David & Renee Miller, Trustees 1577 County Road 335 New Castle, CO 81647 (970) 876-2205 Prepared by PLANNER/ENGINEER Bruce D. Lewis, P.E. Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 102 Glenwood Springs, CO 81601 (970) 945-5252 Page 1 of8 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www .garfield-county.com Subdivision Application Form GENERAL INFORMATION (To be completed by lhe applicant) > Subdivision Name: Gdead Go..v-de...!AS > Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan X Final Plat --. --- > Name of Property Owner: BB[}, A Tu=us71J?4Vial + 1?e.nee. trU!fer; Tn ,rfees )>Address: 1577 eou.\tt±y Ro~ 33S-Telephone: Cf70-871,-2Z.o5' )>City: /JeuJ C,o.s-1-1£ State: (!.Q Zip Code: 8ilo47 FAX: ___ _ » Name of Applicant (if other than owner): > Address: _____________ Telephone:------- > City: ________ State: ___ Zip Code: FAX:---- )> Name of Engineer: Br...at-e...:V.~ls ... PG; B~u..-vtda..v-7es o,,J,H-tm~ :Inc.,. > Address: .llf~~1 ,5'fc LO.Zo Telephone: <Jlt.5 -SZ-5Z- > City: a/e&t : ;61ate: /..Q Zip Code: 8J6o/ FAX:.38'1~.283>3 (} > Name of Surveyor: Tu ~v-y ft. Tu:H~ Pl.51 Tuttle. ~ilo/l~ £a.rv~~ > Address: 2b b H l!.12. 'f/r..ey .l 4. ~e_. Telephone: 97tJ-92-8 .. no<$" > City: a /i.M cp()orJ 5f-;;,V'~!State: (!() Zip Code: '8'/{,0 I FAX: 'lll7-tfa:J7 > Name of Planner: » Address: _____________ Telephone: ______ _ > City: ________ State: ___ Zip Code: FAX: GENERAL INFORMATION continued ... > Location of Property: Section 7 Township ~ 5 Range 9/ LU > Practical Location I Address of Property: /512 c!ou YL±y; 1f oo..J 235" AJ011 I &s£/?; Cl> 0 I !o47 > Current Size of Property to be Subdivided (in acres): _..)oC3;._4..:....:.,_, 1.L.;;~::;..'1..L------ > Number of Tracts I Lots Created within the Proposed Subdivision: __ Cf_,__ __ _ > Property Current Land Use Designation: 1. Property's Current Zone District: Jgm1~:;;~ ~(d. / 2. Comprehensive Plan Map Designation: ~ c~;~ Proposed Utility Service: ,,.. Proposed Water Source: &reff!.ISy11im wd&;. CanfmdJ1)Aier-A/dl>,.vide.. > Proposed Method of Sewage Disposal: --= .... =r;;...;:s;;_=..D_,.,'..5""------------ > Proposed Public Access VIA: ai_dw l..cw.e. + fkvv£5-f-{!,, rck · ,,.. Easements: Utility: llab/._ C.,roz A~ r ":t Quest= Ditch:&o/~ ii~, Pu.'Mp +-i,4.l1flt~ ~the WttfllftrntJ/J N1J.17 > Total Development Area (fill in the appropriate boxes below): Lo-I-$ > Base Fee of $200 paid on ____ _ > Plat Review Fee of $50 paid on ------· 2 TOPIC COVER PAGE TABLE OF CONTENTS INTRODUCTION LAND USE SUMMARY PHASING GILEAD GARDENS PRELIMINARY PLAN TABLE OF CONTENTS WATER SUPPLY SYSTEM IRRIGATION WATER AND DITCHES FIRE PROTECTION WASTEWATER TREATMENT UTILITIES COLORADO RIVER FLOOD PLAIN DRAINAGE ACCESS & ROADS GEOLIGY, SOILS AND RADIATION HAZARD VEGETATION WILDLIFE WILDFIRE SUPPLEMENTAL INFORMATION APPENDICES APPENDIX A-SUBDMSION APPLICATION, OWNER& CONSULTANTS PAGE I 2 3 4 4 4 5 5 5 6 6 6 7 7 7 8 8 8 APPENDIX B -TITLE COMMITMENT, MINERAL OWNERSHIP REPORT, & ADJACENT OWNERSHIPS APPENDIX C -PRELIMINARY PLANS SHEETS Cl THRU C6 (11" X 17" DRAWINGS@ l" = 200' SCALE) and LAND USE SUMMARY MAP (11" X 17" DRAWING) APPENDIX D -VICINITY MAP, PROJECT LOCATION ON U.S.G.S. MAP & ASSESSOR'S MAP & ARIAL PHOTOGRAPH OF DEVELOPMENT AREA APPENDIX E -WATER SUPPLY PLAN AND CENTRAL WATER SYSTEM STATEMENT & INFORMATION APPENDIX F -IRRIGATION WATER & DITCH DOCUMENTS APPENDIX G -INDIVIDUAL SEWAGE DISPOSAL SYSTEM STATEMENT & INFORMATION APPENDIX H -CORPS OF ENGINEERS FLOOD PLAIN STUDY MAPS (3 SHEETS) APPENDIX I -DRAINAGE STUDY APPENDIX J -SITE ACCESS & TRAFFIC IMPACT STATEMENT APPENDIX K-HP GEOTECH GEOTECHNICAL STUDY, LETTER REGARDING RADIATION HAZARDS, & SCS APPENDIX L -VEGETATION MANAGEMENT PLAN APPENDIX M -COLORADO DIVISION OF WILDLIFE WRIS CHECKLIST APPENDIX N -WILDFIRE MITIGATION REPORT APPENDIX 0 -PROTECTIVE COVENANTS APPENDIX P -GILEAD GARDENS HOMEOWNERS ASSOCIATION -ARTICLES OF INCORPORATION Page 2 of8 INTRODUCTION GILEAD GARDENS PRELIMINARY PLAN The applicant, BBD, a Trust, David & Renee Miller, Trustees, is submitting to Garfield County the following preliminary plan application for subdividing a 35-acre parcel of land into a nine lot rural residential community called Gilead Gardens. The application is included in Appendix. Five of the nine lots are proposed to allow for accessory dwelling units. This parcel of land, currently zoned as AIR/RD, Agricultural I Residential I Rural Density, partially lies within New Castle's 3 mile area boundary and Silt's 2 mile sphere of influence. The Preliminary Plan and Land Use Summary Map are included in Appendix. The roughly triangular shaped parcel of land lies between County Road 335 (Colorado River Road) and the Colorado River, approximately 3 miles west of Apple Tree Park and 3 miles east of the 1-70 Silt Interchange, as shown on the Vicinity Map included in Appendix. This parcel of land is located within the west half of Section 7, Township 6 South, Range 91 West, of the 6th P .M. The majority of the parcel is gently sloping, irrigated pastureland, which lies approximately twenty-five vertical feet above the south bank of the Colorado River. The pastureland is irrigated with three parallel ditch laterals that traverse the site as shown on the aerial photograph included in the Appendix. Two existing residential structures (and associated out-buildings) are located at opposite comers of the property near County Road 335. Approximately 4 acres of the northern portion of the property, lies mostly within the Colorado River's 100-year flood plain and is moderately vegetated with trees ·~ _,,. and brush. Presently there are no lakes or perennial streams on the property. However, \'",)' ~' the applicant is currently constructing two 0.5-acre ponds for irrigation storage in the ) areas shown on the Preliminary Plans. ,~,vi-, The proposed residential lots, ranging from 2.0 to 7.0 acres in size, are laid out and sized in a manner where historic irrigation and drainage patterns can be maintained. The two existing residences will be subdivided as Lots 1 & 5. Building envelopes for each of the nine lots are sized and spaced with the intent of maintaining a rural atmosphere that provides views, privacy and the passage of wildlife. Development amenities, to be enjoyed by all the lot owners and their guests, include a private park located primarily within Colorado River flood plain and approximately 4,500 lineal feet of private pedestrian trail meandering throughout the development, primarily following the irrigation ditch laterals and lot lines. Page 3 of8 _ ......... ----------~~ • • LAND USE SUMMARY - - Existing Zoning: Total Development Area: Total Number of Lots: Total Number of Dwelling Units: Agriculture I Residential I Rural 34. 969 acres 9 Primary Units: 9 Accessory Units: _j Total 14 Total Non-residential Floor Space Area: O Total Number of Dwellings per Structure: 1 plus 1 accessoiy uuit on 5 of the 9 Lots Total Number of Off Street Parking Spaces: Primary Units: 36 Accessory Units: lQ Total Parking Spaces: 46 Total Gross Density: 3.8 acres per Primary Units 2.5 acres per Dwelling Unit (includes Accessory Units) PHASING -~ The project will not be phased. WATER SUPPLY SYSTEM -- The Subdivision's domestic water needs Will be served by a central water system that Will be owned and OJJerated by the homeowners association. The central water suPPJy system will consist of two wells, chlorination/treatment fuciJity, an underground storage tank, a Pump Station, and distribution lines. An existing well, which is currently providing an adequate water supply for the two existing residences Without the use of a storage tank, Will be the Primary water supply for the proposed water system. According to the well completion report, the 76-foot deep well was developed in January 1980. A 24-hour Pump test conducted in January 2001 yielded a sustained Pumping rate of 15 gaJjons per minute. A functional backup well Will be included as part of the water system construction. The legal water supply for these wells is CllJTentJy contracted with the West Divide Water conservancy District's Substitute Supply Plan for 15 dwelling uuits. The Water supply plan & central water system report includes additional information and is included in Appendix. Page 4 of8 • IRRIGATIONWATERANDDITCHES • Currently, the property's irrigation water rights are one fifth of all those ditch rights in the Goldman Ditch, Pump and Pipeline adjudicated in Civil Action No. 2759 in the Garfield County District Court for Water District No. 5 and in the Ward Reynolds Ditch No. 17 under Priority Nos. 32, 104 and 166-0 as conveyed by deed recorded as Reception No. 294117 in Book 528 at Page 296 of the records of the Clerk and Recorder of Garfield County, Colorado; subject to the provisions of agreement recorded as Reception No. 293355 in Book 525 at Pages 906-908 of the Garfield County Records. Copies of these documents are included in Appendix. These irrigation water rights will be owned and maintained by the homeowners association. The irrigation ditches will remain in place and will be operated and maintained within platted easements. Two 0 .5 acre irrigation ponds, with a maximum depth of ten feet, are currently being constructed on proposed Lots 8 & 9 and will be supplied by the above referenced irrigation ditch water. The property will maintain their one fifth water rights of the above referenced ditch companies and will not demand or use any more water than their allotted shares. The ponds will be constructed with a PVC liner to minimized ground seepage. Replacement water for pond evaporation is currently contracted with the West Divide Water conservancy District's Substitute Supply Plan. FIRE PROTECTION A dry fire hydrant, proposed to be located at the end of Garden Lane, will allow fire truck access year round to irrigation pond water. As per our agreement with Burning Mountain Fire Protection District's Fire Chief, Dave Yowell, a minimum of 100,000 gallons of pond water will be committed for fire protection. WASTEWATER TREATMENT Sewage disposal will be by individual sewage disposal systems, typically consisting of septic tanks and leach fields for each dwelling. Sizing and design of systems will be in accordance with Garfield County and Colorado State regulations in effect at the time of construction. Individual lot owners will be responsible for the construction, operation and maintenance of their individual sewage disposal systems. ISDS design and performance standards in accordance with Garfield County ISDS Regulations will be included in the protective covenants and will be enforceable by the homeowners' association. The Individual Sewage Disposal Systems report includes additional information and is included in Appendix. Page 5 of8 UTILITIES Available utilities for the proposed development are summarized as follows: Utility Electric Power Telephone Natural Gas Cable TV Domestic Water Waste Water Irrigation Water Provider Holy Cross Energy Qwest Not Available Not Available Homeowners Association Lot Owner Goldman Ditch COLORADO RIVER FLOOD PLAIN Availability County Road 335 County Road 335 Not Available Not Available New Central Water System Private ISDS Existing Ditch Infrastructure The Colorado River runs along the property's northern edge as shown on the attached Sketch Plan. The river's 100-year flood plain elevations are approximately 25 feet lower than the top of the steep southerly bank as indicated on the sketch plan. The proposed building areas for the lots adjacent to the Colorado River will adhere to the County floodplain and stream bank set back regulations. Copies of the Corps of Engineers' Flood Plain Study maps for this area are included in the Appendix. DRAINAGE As shown on the Preliminary Plan's topography, the ground surface of property slopes uniformly downward to the northwest, beginning with grades of 8 to 12 percent at County Road 335 and gradually flattening out to 2 to 4 percent as the ground approaches the steep bank of the Colorado River. The lack of any definite drainage channels across this site (except the Colorado River -see above) indicates that only minor sheet flow drainage is generated from the adjacent County Road and other properties. The lack of significant off-site runoff decreases the amount of grading and drainage infrastructure necessary for roads and new building areas. Detention is not currently proposed for this development because of the large lot sizes that allow natural diffusion of minor flows generated from any proposed lot improvements. The added impervious area for each lot would be only a few percent of the sites' total area. The diffuse flows would be intercepted by one of the many ditch laterals traversing the sites. Also, any new roadside drainage will be routed into the existing field irrigation ditch laterals. In general, erosion control should consist of disturbing as little existing vegetation as possible and, therefore, minimizing reclamation. Minimal site grading is anticipated Page 6 of8 • other than the grading for the two roads. All disturbed areas will be seeded with a grass mix recommended by the vegetation management plan. ACCESS AND ROADS Current access to the property is via three driveways that originate from County Road 335. The easterly residence (proposed Lot 1) is served by two of the existing accesses. The most easterly of these is shared with the adjacent property (Bullock), and intersects County Road 335 near the crest of a hill. Thus, it has good sight distance in both directions. The westerly of the two east accesses, is approximately 3 70 feet west, approaches the County Road at a sharp angle and has poor sight distance to the east. The third existing access, serving the westerly residence (proposed Lot 5), is also at a sharp angle and has poor sight distance to the east. (A.('(A t-- The layout of Gilead Gardens will mafu'ain the most easterly access but eliminate the remaining two driveways that have poor sight distance. The two new short roads will intersect County Road 335 near th~Tcrests of hills, which will provide acceptable sight distance in both directions. Garden~· approximately 550 feet in length, will jerve 4 J!y_e lots while Harvest Circle, approximately 250 feet in length, will serve three ·1ots. • The gravel roads will be 22 feet wide with two-foot shoulders. As per Fire Chief, Dave Yowell's request, the two roads shall terminate with 65-foot radius cul-de-sacs (measured to outside shoulder edge). Chief Yowell will allow landscaped islands at the center of the cul-de-sacs in order to reduce the massive graveled surface areas. The roads will be constructed in 50-foot wide public rights-of-way and will be maintained by the homeowners association in accordance with Garfield County Subdivision Rules and Regulations. Other than the existing driveway for Lot 1, lot access onto County Road 335 will not be permitted. GEOLOGY, SOILS AND RADIATION A geological site review, soils investigation and a radiation hazard review have been completed by HP Geotech and are included in the Appendix. VEGETATION A vegetation management plan has been prepared by Beach Environmental, LLC and is included in the Appendix Page 7 of8 • WILDLIFE Additional Enclosed is a completed Colorado Division of Wildlife WRIS Checklist provided by Robert Hykys, with the Garfield County Planning Department GIS Resource. The building envelopes were partially established for wildlife corridors. All fencing outside the building envelopes shall comply with the Colorado Division of Wildlife guidelines. WILDFIRE The proposed building sites can be classified as a light fuel ha?.ard due to the pastureland, applying the above listed mitigation measures can greatly reduce wildfire hazard risk to the proposed residences. Additional information is included in the Appendix. SUPPLEMENTAL INFORMATION The Gilead Gardens Preliminary plan application fonn, reports, documents and other supplemental infonnation are indexed and included in the following Appendix: Page 8 of8 • I. THE SUBDIVISION PROCESS In order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and 3) Final Plat Review Process. This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: http://www.garfield-county.com/building and planning/index.htm A) The §ketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity to propose a subdivision in a "sketch" format to the Planning Department and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identify any issues that would need to be addressed if the proposed subdivision were to be pursued. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Sketch Plan review process as the first step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple-dwelling units, as further defined by Colorado state law. 3. Application I Submittal Requirements In order to apply for a Sketch Plan Review an Applicant is responsible for reviewing Section 3:00 of the Subdivision Regulations and providing enough information to the Planning Department in the application to conduct a thorough review and provide the resulting comments to the Planning Commission for their review and comments. Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the specific information required to be submitted to the Planning Department in order to satisfy the application requirements in addition to the information requested on this application form. 4. Process I Public Meeting The Sketch Plan review process is considered a 1-step process because the application is reviewed only by the Planning Commission at a public meeting. In order to appear before the Planning Commission, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 15 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been 3 scheduled to be reviewed before the Planning Commission and will request the applicant supply additional copies to provide the Commission for their review. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant. At the date and time set for the public meeting before the Planning Commission, Staff will present the findings in the Memorandum and the applicant will be required to present the proposed subdivision and respond to comments and questions provided by the Planning Commission. The comments provided to the Applicant by the Planning Department and the Planning Commission as a result of the Sketch Plan Process will be kept on file in the Planning Department for 1-year from the meeting date before the Planning Commission. If an Applicant does not submit a Preliminary Plan application to the Planning Department within the 1-year timeframe, the Sketch Plan file will be closed and the Applicant will need to reapply for a Sketch Plan review prior to a Preliminary Plan review. B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review process is to conduct a thorough review of the many aspects that are associated with dividing land in Garfield County for the purposes of residential, commercial, and industrial development. This is the most intensive review step where the Building and Planning Staff, the Planning Commission, and the Board of County Commissioners (BOCC) will conduct a thorough review of all the issues associated with the proposed subdivision against the County's regulatory requirements. Ultimately, the purpose of this process is to identify all the major issues in the proposed subdivision by using the County's Zoning Resolution, Subdivision Regulations, Comprehensive Plan of 2000, as well as other state and local referral agencies that will provide comments on any issues raised in their review. This is the process that will either approve or deny the application request. 4 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple-dwelling units, as further defined by Colorado state law. 3. Application I Submittal Requirements In order to apply for a Preliminary Plan Review, an Applicant must have already completed the Sketch Plan review process addressed in Section 3:00 of the Subdivision Regulations. An applicant requesting Preliminary Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Design and Improvement Standards in Section 9:00 of the Subdivision Regulations. In addition to the substantive submittal information related to the proposed subdivision project itself, an applicant is required to complete all the public notice requirements so that legal public hearings can be held before the Planning Commission and the BOCC which is addressed in Sections 4:20 -4:31 of the Subdivision Regulations. 4. Process I Public Hearings The Preliminary Plan review process is considered a 2-step process because the application is ultimately reviewed by two County decision-making entities during public hearings: the Planning Commission who makes a recommendation to the BOCC. In order to obtain dates for the public hearings before the Planning Commission and the BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 30 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be reviewed before the Planning Commission I BOCC. Additionally, Staff will provide the applicant with the notice forms to be mailed, published, and posted. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the 5 • applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months ( 180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission I BOCC will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission I BOCC containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant prior to the public hearings. As mentioned above, Staff makes a recommendation to the Planning Commission and the BOCC regarding the issues raised in the analysis of the proposed subdivision. The Applicant will first propose the subdivision to the Planning Commission who is responsible for making a recommendation of approval, approval with conditions, or denial to the BOCC. Next, the application will be reviewed by the BOCC during a regular public hearing. The BOCC will consider the recommendations from the Planning Staff and the Planning Commission, the information presented by the applicant, and the public. As a result, the BOCC is the final decision-making entity regarding the proposed subdivision and will either approve, approve with conditions, or deny the application. If the BOCC approves the subdivision application at the public hearing, the approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. (See the specific information provided in Section 4:34 of the Subdivision Regulations.) Following the hearing, Staff will provide a resolution signed by the BOCC which memorializes the action taken by the Board with any I all conditions which will be recorded in the Clerk and Recorder's Office. Once an applicant has Preliminary Plan approval, they are required to complete the third and final step in the County's Subdivision Process: Final Plat Review. C) Final Plat Review (Section 5:00 of the Subdivision Regulations) 1. Purpose The purpose of the Final Plat review process is to provide the applicant with a mechanism to prove to the County that all the conditions of approval required during the Preliminary Plan review process have been met I addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will 6 _... ....... -----------~ • sign the Final Plat and have it recorded memorializing the subdivision approval granted by the BOCC. This is the last step in the County's subdivision process . 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple-dwelling units, as further defined by Colorado state law. 3. Application I Submittal Requirements In order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Plan review process addressed in Section 4:00 of the Subdivision Regulations. An applicant requesting Final Plat review will be required to submit this application form, all the required submittal information contained in Section 5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review process is considered a 1-step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC for their signature if the application satisfies all the required submittal information to the satisfaction of the Building and Planning Department. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCC for signature. (This is not a public hearing or meeting and therefore does not require public notice.) If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application I Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions of approval. During this review, Staff will forward the Final Plat the County Surveyor for review and a signature. In the event there are additional questions or clarification issues to be addressed, the County Surveyor will generally contact the applicant to have the plat adjusted as necessary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Department 7 _.. ...... ----------~- • and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.garfield-county.com/building and planning/index.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the statements above and have provided the required attached information .---.... ·.-uh, is corre t n rate to the best of my knowledge. (S]9.nature of applicant/owner) ~~,tt«- Last Revised: 11/21/2002 8 Date 03/t3/6:S • GILEAD GARDENS • OWNER & CONSULTANTS OWNER/APPLICANT: BBDTRUST, A TRUST David J & Renee T. Miller, Trustees 1577 County Road 335 New Castle, CO 81647 Ph: (970) 876-2205 PLANNER/CIVIL ENGINEER: BODNDARIEs UNLIMITED INC. 0401 County Road 149B Glenwood Springs, CO 81601 Ph: (970) 379-8362 Fx: (970) 945-5252 SURVEYOR: TUTTLE SURVEYING SERVICES 226 Heather Lane Glenwood Springs, CO 8160 l ATTORNEY: GEOTECHNICAL ENGINEER: WATER AUGMENTATION/CONTRACT: TITLE INSURANCE: Ph: (970) 928-9708 Fx: (970) 947-9007 BALCOLM & GREEN P.C . 818 Colorado Avenue PO Box 790 Glenwood Springs, CO 8l601 Ph: (970) 945-6546 Fx: (970) 945-8902 HEPWORTH-PAWLAK GEOTECHNICAL, INC. 5020 County Road 154 Glenwood Springs, CO 8l601 Ph: (970) 945-7988 Fx: (970) 945-8454 ZANCANELLA AND ASSOCIATES, INC. 1005 Cooper Avenue Glenwood Springs, CO 81601 Ph: (970) 945-5700 Fx: (970) 945-1253 STEWART TITLE GUARANTy COMPANY P.O. Box430 Glenwood Springs, CO 81601 Ph: (970) 945-5434 Fx: (970) 945-7081 COMMITMENT FOR TlTLE INSURANCE ISSUEO BY STEW ART TITLE GUARANTY COMPANY STEWART TlTLE GUARANTY COMPANY. A Texas Corporation. herein called the Company. for valuable consideration, hereby commits to issue its policy or poiicies of title insurance, as identified in Schedule A, in favor of the proposed lmured named in Schedule A, as owner or mongagee of the est."lte or interest covered hereby in the land described or referred. to in Schedule A. upon paymem of the premiums and charges therefor; all subject to tbe provisions of Schedules A <¥td Band to the Conditions and Stipulations hereof. ' This Commitment shall be effect!ve only when the identity of the proposed Insured and the amoum of the policy or policies committed for have been msened in Schedule A hereof by the Company. either at the time of the issua:oce of this Commitmem or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations berewxler shall cease and tenninate six months after the effective date hereof or when the policy or policies commined for shall issue, whichever first occurs. provided thal the failure to issue such policy or policies is not cbe fault of the Company. Signed under seal for me Company, but this Comminnent shall not be valid or binding until il bears .an authorized Countersignature. IN WJTNESS WHEREOF. Stewart Tit.le Guaranr:y Company has caused its corporate name and seai w be hereumo affixed by its duly aurhorized officers on the date shown in Schedule A. STEWART TiTLE GUARANTY COMPANY CounL~£S..:.GUt:td: /. . I ' ··"·'. • • ! f, . ···---· _Ii i I ;< . / I ,j _ _!_'.:..t " . .'....~J Authorizeo Countcxs~qnatur~ , i i STEWART TITLE OF GLENWOOD SPR!~~-GS. INC. P.O. Boi. ..;30 Glenwood Spnngs. Colorado 111601 (970) 945-5434 /\gen~ ID _#Q.l.:>Q1!.b.. _______ . Order No. 01000104 ' Order Nwnbn. 010001 o.,: 1. EiJ<'Clii•edate: January 09, 2001 at 8:00 A.M. 2. Policy or Policies IO be issued: (a) A.L.T.A. Owner's Amoum of lnsura12ce $ TBD I Proposed In.sured: I II I I " .. (b) A.L. T.A. Loau $ Proposed Insured: (c) Leasehold $ Propo~·ed insured: / 3. The estate or interest ill the land described or referred to in this Commitmenr anti covered herein is fee simple 4. TuJe Jo the FEE SIMPLE esta.te or interest in said la.nd is at th.e effective dat.e hereof vested in: -BBD TRUST I A TRUST ·-· DAVID J. MILLER AND RENHE T. MILLER, TRUSTEES 5. The land referred to in this Commitment is described as follows: SEB ATTACHED LEGAL DESCRIPTION Purported Address: 1577 COUNTY ROAD 335 NEW CASTLE, CO 8164 7 STATEMENT OF CHARGES 17zese charges are due and payable before a Policy can be issued. Owners Prenli um $ TBD I • 1 Order Number 01. 0001. 04 LEGAL DESCRIPTION PARCEL A A parcel of land situated in t:he Wl/2 Section 7, Township 6 South, Range 91 West 0£ t:he Sixth Principal l!eridian, Garfield County, Colorado, more particularly described as follows: Commencing at an iron post: and brass cap properly marked and found in place for the North Quarter Corner of said Section 7; ~hence S. 23 degrees 45'31" W. 4269.79 feet to a point on the North right of way o:E Count:y Road No. 335, t:he True Point of Beginning (whence the East Quarter Corner of said Secti0J1 7, a rock properly marked and found in place, bears N. 72 degrees 46'06• E. 4527.04 feet}; thence N. 04 degrees 3J'24• W. 172~.24 feet to a point on the \ South BanJc of the Colorado River; · thence N. 68 degrees 16'15• B. along said South Bank 181.45 feet; thence N. 29 degrees 3J'1B• E. along said South Bank 237.79 feet; thence N. 62 de~ees 1E'5S• B. along said South Bank 316.65 feet: t:o the East line extended of Gover.nment Lot: 5, said Section 7; thence J.eaving said Sovt:h Bank S. 00 degrees 16'19• E. along said East: line 0£ Lot 5; and bounded o.n the Bast: by property described in Deed Book 508 at: Page 119, 293. 77 feet to a rebar and cap on the South Government Meander L1Jle elOllg the Co.lorado River; thence leaving said Bast line o:E Lot 5 N. 69 degrees 33'37• E. along said Sout:h .Meander Line, and bounded on the Nort:b by property described .in Deed .Bock 508, Page 119, 64. 08 Leet; t:o a rebar and cap on the Nort:h line o:E the South 1/2 0£ Gove2."Dlllent Lot: 6, said Section 7; thence N. 38 degrees 35'13• B. along said North line of the South 1/2 of Lot 6 and more or less along a fence as const:ruct:ed and in place, and bounded on the North by property de.scribed in Deed Book 508, Page 1.19, 829. 79 feet to a rebar and cap on tbe North right: of way of County Road No. 335: thence l.eav.:i.ng aaid .North line of t:he South 1/2 o:E Lot: 6 S. 37 degrees 23'53" W. along said Jilort::h right: o:E way 279.62 feet; thence along said Nort;b right: of way along a curve to the left, having a central a.ng1e of J.4 degrees 26'08• and radius of 1.024.28 feet, a distance of 258.07 feet; thence along said North right of way along a curve to t:he right, having a centraJ. angJ.e of 20 degrees 20•12• and radius of 602. 70 feet, a distance of 213.92 feet; t:hence along said Nort:h right of way along a curve to t:he 1eft, having a central. angle of 08 degrees 36'18• and radius of 1590.42 feet, a distance of 238.86 feet; thence S. 34 degrees 41'40• W. along said North right of way l.320.13 feet to the True Point of Beginning . COUNTY OF GARFIELD STATE OF COLO.RADO PARCEL B Contin~ed on next page I • I Continuation of Schedule A -Legal Description Order Number: 01000104 A parcel of land situated between the existing South Bank of the Colorado River and the existing centerline of th~ Colorado River in the Wl/2 of Section 7, Township 6 South, Range 91 West 0£ tbe Sixth Principal Meridian. Garfield County, Colorado, more particularly described as follows: Commencing at an iron post and brass cap properly marked aad found in place of the North Quarter Corner of said Section 7, thence s. 40 degrees 25'25• W. 2869.41 feet to a point on said South Bank of the Colorado River, the True Point of Beginning (whence the East Quarter Corner of said Section 7, a rock properly marked and found in place, bears s. 85 degrees 06'12• E. 4480.59 feet) thence N. 19 degrees 26'38• W. 88.59 feet to said ceDterline of the Colorado River; thence N. 70 degrees 33'22• E. along said centerline 31.62 feet; thence N. 32 degrees 04'34• E. along said centerline 434.17 feet; thence N. 52 degrees 16'55-E. along said centerline 278.12 feet; thence leaving said centerline S. 27 degrees 43'05n E. 192.28 feet to said South Bank of the Colorado River; thence along said South Bank S. 62 degrees 16'55• W. 316.65 feet; thence along said Boutb Bank S. 29 degrees 39'18" w. 237.79 feet; thence along said Soutb Bank S. 68 degrees 16'15• W. 181.45 £eet to the True Point of Begilllling. INCLUDING HEREWITH the property described in Quit C.laim Deed recorded Janua.ry 23, 2001 in Book 1228 at Page 431 as Reception No. 575238. EXCEPTING TBEREP.ROM the property described in Quit: Claim Deed recorded Janua.ry 23, 2001 in Book 1228 at Page 444 as Reception No. 575240. COUNTY OF GARFIELD STATE OF COLORADO I II " ' I Order Number: 0100010.q REQUIREMENTS 771e following are the requirements to be complied wirh: llem (a) Payment to or· for zhe accounr of the grantors or mongagors of theful-l consideration for the esrate or i111eres1 robe insured. J1em (b) Proper instrwnent(s) creating the estate or inrerest to be i11sured must be executed and duly filed for record. to wit: 1. Execution of attached Affidavit as to Debts and Liens and its return to this office. 2. Rel.ease hy the Public Trustee of Garfiel.d CoUDty of t:he Deed of Trust from Joel Hershey Miller, Frances Ann Miller, David J. Miller and Renee T. Miller :for the use of Bank of America, Federal Savings BAnk to secure $170,000.00 dated July 23, 1998, and recorded Ju1y 30, 1998, ill Book 1081 at Page 51 as Reception No. 529533. 3. A survey, meeting the minimum detai.l standards of the ALTA/ACSM, prepared by a registered Colorado surveyor, within the 1.ast six months, .mu.st: be presen.t:ed to Stewart Title Guarant:y Company, for its approval prior to the deletion of any survey except.ions from t:be ALTA Loan Po.licy t:o be issued hereunder or the issuance of Form 100 on t:he ALTA Loan Policy. Stewart Title Guaranty reserves the right to take exception to any adverse .matters as shown on aaid survey, or .make .further inquiry or requirements relative thereto. Stewart Title Guaranty further reserves the right to exclude from Form 100 coverage and adverse matters it may deem .necessary. I !II Order Number: 01000104 EXCE'PTJONS The policy or policies to be issued \.vill contain exceptions to the following unless tl1e same are disposed of lO the sansfoaion of the Compam· · 1. Rights or claims of parties ill possession. not shown by the public records. 2. Easemenrs, or claims of easemelllS, not shown by the public records. 3. Discrepancies, conflicts iJ2 boundary Lines, shonage in area, encroachments, mid any facts which a correct survey and inspeaion of lhe premises would disclose and which are not slww11 by the public records. 4. Any lien, or right to a lien, for services, labor or mlllerial hereIOfore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects. liens. etlcumbrances, adverse claims or other mallers, if any, created, firsr appearing in the public records or auaching subsequenJ. 10 1he effective date hereof, but prior to the date the proposed insured acquires of record for value the estaie or ilueresr or mortgage thereon covered by this commiJmenr. 6. Unparented mining claims; reservations or exceptions in palents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. 22le e££ect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other dist:rict or inclusion in any water ' service or street improvement area. I I .. .. 8. Right of way tor ditches or canals constructed by the authority or the United States as reserved in United States Patent recorded July 16, 1919, in Book 71 at Page 621 as Reception No. 67056 and on .March 31, 1927, in ,Book 112 at Page 596 as Reception No. 97911. 9. Undivided one-hal:f interest in all oil, gas and other mineral rights, as reserved by Emery E. Arbaney i.n the Deed to Howard Robinson recorded December 23, 1949 in Book 24G at Page 502 as Reception Bo. 170704, and any and all assignments thereof, or interests therein. (NEl/4SW1/4) 10. Undivided OJJepfourt;h interest bi al.l oi1, gas and other mineral rights as reserved by Howard Robinson in the Deed t:o Dave D. St:ep11ena and Bessie !3- Stephen.s recorded November 6, 1!157 in Book 199 at Page Z!J!J as Reception No. 199573, and any and all assignments thereof, or interests therein. (NE1/4SW1/4} 11. u~divided one-fourth interest in all oil, gas and other mineral rights as reserved by Richard Mel Jowell and Narie B. Jowel.l in Deed t:o First; National Bank of Glenwood Springs recorded December 23, 1965 in Book 372 at Page 138 as Reception No. 232880, and any alld all assign:ments thereof, or interests therein. {NE1/4SWl/4) 12. Undivided one-half interest in all oil, gas and other mineral rights as reserved by Frank J. Mont:over and Leno B. Hontover in the Deed t:o Donald K. Goldman and Edith Ann Go.ldmatl recorded April 30, 1973, .in Boat 443 at Page 516 as Reception No. 258039, and any and all assi9'Jll1le.nts thereof, or interests therein. Continued on next page ' Continuation of Schedule B -Section 2 Order Number: 01000104 -13_ .Any easements or rights of way for existing power transmission lines across subject property. 14. Oil and Gas Lease between Milton Warren McPherson and Transcontinental Oil Company recorded April 30, 1990 in Book 777 at Page 953 as Reception No. 412096 and any and all assignments thereof, or interests therein, or amendments thereto. 15. Oil and Gas Lease between Elmer Arbaney and Louise L. Arbaney and Vessels Oil. &: Gas Company recorded February 13, 1995 in Book 931 at Page 492 as Reception No. 474381 and any and all assignments thereof, or interests therein, or amendments t;heret:o. 16. Oil and Gas Lease between Shirley A. Arbaney and Vessels Oil & Gas Company recorded February 13, 1995 in Book 931 at Page f~5 as Reception No. 474382 and ! any and al.1 aasigzunents thereof, or interests therein, or aJDencbnent:s thereto. 17. Oil and Gas Lease between Beulah Let:ey and Vesse1s Oil & Gas Campany recorded February 13, 1995 in Book 931. at Page 498 as Reception Ho. 474383 and any and all assignments t:.hereof, or i:ot:erest:s therein, or amendments thereto. 18. Oil and Gas Lease between Richard Mel. Jowel.l and Marie E. Jowel.l. and Snyder oil Corporation recorded March (i, 1995 i:o Book 933 at Page 608 as Reception No. 475171 and any and all assiguaaents thereof, or int:erest:s therein, or amendments thereto. 19-Te.rms, agreements, prav:i.sions, conditions and obl.igat:io.ns of ,Boundary Lot Line Adjustmen.t:s recorded January 23, 2001 in Book 1228 at: Page 440 as Reception No. 575239 and in Book 1228 at Page 447 as Reception No. 575241. 20. This policy does not insure t:it:le to land comprising the shores or bot:t:oms of rivers and ia subject to any build up or loss os property along the Colorado River, caused by the processess of accretion and relict:ion, or caused by man made changes in the flow 0£ water or in the course 0£ the rive~ .bank or river channel.; also subject to the Eree and unobstructed folw of the water of: said river and recrea t:ional or other use thereof, and this policy does not: insure any land which may be co:asidered JfeanderLands. .. • I ... • I ... ------~-- DISCLOSURES Pursuam to C.R.S. 10-l 1-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED lN A SPEClAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDJCTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DlSTRICTS MAY BE OBTAlNED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Anicle VII requires that "Every title emity shall be responsible for all mauers which appeat of rec.om prior to the time of recording whenever the title entity conducts lhe closing and is responsible for reconiing or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Glenwood Springs, Inc. conducts the dosing of the insured transaC!.ion and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B. Section 2 of the Conunitmenl from the Owner's Policy to be issued} upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence. which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or matcrialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against untiled mechanic's and materialmen's liens. D. The company must receive payment of the appropriate premium. E. If ihere has be.en construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to me Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain conSl.ruction information; financial information as to che seller, the builder and/or the contractor; paymenr of the appropriate premium; fully ex.ecuted Indemnity agreements satisfactory to the c.ompany; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company . No coverage will be given under any circumstances for labor or material for which the insuied has contracted for or agreed to pay. NOTlilNG HEREIN CONTAINED WU..,L BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SA TJSFIED . Order No. 01000104 Disclosu~ (YSDD) Rev. J0/99 ---------------~ ~ Legal Description A parcel of land comprised of Parcel A and Parcel B as described in Book 1125 at Page 327, including herewith the property described in the Quit Claim Deed recorded as Reception No. 575238 and excepting there from the property described in the Quit Claim Deed recorded as Reception No. 575240, all in the records of the Garfield County Clerk and Recorder and situated in Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a #5 rebar with a yellow plastic cap L.S. 19598 found in a fence line as constructed and in place also being the southeasterly corner of the H & B Minor Subdivision Exemption, recorded as Reception No. 311221 in the records of the Garfield County Clerk and Recorder, whence the North 1/4 Corner of said Section 7 a brass cap found in place bears N 23°47 1 33" Ea distance of 4268.13 feet, with all bearings being relative to the said #5 rebar with a yellow plastic cap L.S. 19598 and a #5 rebar with a red plastic cap (illegible) a witness corner to an easterly angle point of said H & B Minor Subdivision Exemption, found in a fence line as constructed and in place using a bearing of N 04° 39'24" W between the two described monuments. Thence along said fence line N 04°39 1 24" w a distance of 1729.24 feet; Thence, N 19°26'38" W a distance of 88.59 feet to the centerline of the Colorado River; Thence, along said centerline the following three courses; 1) N 70°33 1 22" Ea distance of 31.62 feet; 2) Thence, N 32°04'34 11 Ea distance of 434.17 feet; 3) Thence, N 62°16'55" E a distance of 278.12 feet; Thence, departing said centerline S 27°43 1 05" Ea distance of 192.28 feet to a point in a fence line as constructed and in place; Thence, along said fence line S 00°16 1 19 11 Ea distance of 272.69 feet to a point at the intersection with a second fence line as constructed and in place; Thence, along said second fence line the following five courses; 1) S 88°06'27" Ea distance of 19.45 feet; 2} Thence, N 86°02'57" Ea distance of 40.95 feet; 3) Thence, N 87°49'51" Ea distance of 181.16 feet; 4) Thence, N 89°49 1 09 11 E a distance of 152.09 feet; 5) Thence, N 89°49 1 09 11 E a distance of 488.10 feet to a point on the northerly right of way line of County Road 335 more or less; Thence, along said northerly right of way line the following five courses; 1} S 37°23 1 53" W a distance of 266.14 feet; 2) Thence, 258.07 feet along a curve to the left having a 1024.28 foot radius with a long chord of which bears S 30°10 1 52" w a distance of 257.39 feet and a delta of 14°26'08"; 3) Thence, 213.92 feet along a curve to the right having a 602.70 foot radius with a long chord of which bears S 33°07 1 53" W a distance of 212.80 feet and a delta of 20°20 1 12"; 4) Thence, 238.86 feet along a curve to the left having a 1590.42 foot radius with a long chord of which bears S 38°59 1 49" W a distance of 238.64 feet and a delta of 8°36 1 18"; 5) Thence, S 34°41 1 40" W a distance of 1320.13 feet to the point of beginning said parcel containing an area of 34.969 acres, more or less. ------------------- Recorded at the request of ______________ at __ _ M. Fee paid . When recorded mail any notices to------------ Quit-Claim Deed Joel Hershey Miller and Francis Ann Miller in Joint tenancy as to a one third interest, and David J. Miller and Renee T. Miller in joint tenancy as to a two thirds interest Gr(!ntor(s}, Garfield county, Colorado state, do( es) her~by Quit Claim to BBD Trust, a Trust David J.Miller and Renee T • .tvfiller, Trustees, for the sum of Ten dollars and other valuable consideration the following described land: See attached exhibit A Together with all improvements and appurtenances thereunto belonging. Subject to easements, rights of way and restrictions of record. Witness the hand of said grantor(s) , this __ <_1 ,~5_.f_ii ___ day in 199'1 Signed in the presence of ~~~{' LLL~'--1~~- signed and sealed -... ~ : :-~~<; ':;'~ ~:~. ·~- /) . ! l-1 f:,)r I ! ' I ·/··~~.l~~~ A r f2.a~'----, (\ ... _o ·2'2< .11Ji;w<A9i-~t..b - .·· "· "') SCHEDULE A I· ' 496941 B-988 P-404 08/07/96 03:39P PG 7 OF 8 Order Number: 9602564~ • LEGAL DESCRIPTION A parcel of .land situated in the 111/Z Seed.on 7, Township 6 South, Range 9Z West: of the Si%th Pr:l.zlcipal Ner.idiaa, GarfJ.eld County, Colorado, more part:.icularly described as follows: Commencing at an .izon post: and bra•• cap properly .marJcec:I_. and t'ou:ad in place for the North Quarter Cozner of sud Sect.ion 7; thence s. 23 degrees 45'31• 'II. 4269.79 feet to a po:l.zlt on the No::th right: 0£ way cf Cow:t:y Ro.:d No. 33:, the ~· .Po.int of BegimJJ.D.g (whence the Bast Quarter Corner of sud Sect:icm 7, a roc.lc properly marked and found in place, bears N. 12 degrees 46 1 06• B. 4527.04 feet:); t:l.umc:e N. 04 degrees 39'24• 'fl. 1729.24 feet: t:o a po.int on the South Ban1c: 0£ the Co.Zora.do R:l..ver; thence N. 68 degrees 161 15• B. along saJ.d South Ba.nlc 181.45 feet; thence N. 29 degrees 3!1'18• B. a.lcmg said South Ba.nlc 237. 79 feet; thence N. 62 degrees 16'55• B. a.long said South Banlr: 316.65 feet to the Bast l:l.zle extended of Gover.mrent Lot 5, aud Section 7; thence leaving said South .aam: S. 00 degrees 16'2.!J• JI. a.long sa:f.d Bast: lble of Lot: 5, &Dd bouuded cm the Ba.st by property described :l.z1 Deed Boole 508 at: Paga 119, 293. 77 ;feet: to a rebar and cap on the South Gove.r.maazzc Meander LUI• a.lcmg the Color&do River; tbe.nce leav.iJ:lg sud. Bast .IiJ:ie of Lot 5 N. 69 degrees 33'37• If. a.long sa.id Sout:A llee&der LUie, aAd bounded cm the North by property desc:ribed .in Deed Boole 508, Page ll.!1, 64. 08 feet to a re.bar and cap on t:.be North line 0£ t:.be south l/2 0£ Govexmaent: r.oe 6, sud Section 7; the.ace N. 3B degrees 35'13• .&'. a.long said North 1.ine of the South 1/2 0£ Lot: 6 and mo.re or less along a fence as c:onst:ruct:ed and ill pl.ace, and bou:ided on the !Tort!: b-.f p...-ope.rt-f desc:.ibed in Deed :Sook· 5 o 8, Page ll!J, 82J. 79 feet: t:o a rebar and cap cm. t:he North right of way of County .Road No. 335; t.be.ace leavi.n~,sa.id North line of t:b.e South 1/2 or Lot: 6 s. 37 degrees 23'53• w. alozag sajd Nort:.b right of way 219.62 feet; t:.be.ace along sud North right: of way along a curve to the left:, llavi.ag a central. ang.le of 14 degrees 26'08• and racliua of 1024.28 feet:, a distance of 258.07 feet; theuc:e along sa.id North r:Lght: of way aloug a curve to the r:Lgllt:, .hav:Lng a c:entra.l angle of 20 degree• 20'12• and radius of 602.70 feet, a distance of 22.3.92 feet; t.bem:e along sud North right of way al.ong a curve t:o t:b.e left, .hav.tng a central angle of 08 degreee 36'18• azid radius of 1590.42 feet, a distaz&ce of 238.86 feet; thence s. 34 degrees 41.1 40• w. along .said North r:igb.t of way 1320.13 £eet to t:!ze 1"rue Point of Beg1zuliug. Cont:.iJ:lued cm next ;age ' llll lllll llllll lllll lllll llllll lllll Ill lllll llll llll 544118 04/19/1999 02:25P 81125 P~~~--~--Ai:~F -----------------~ co.at:.i.uuat::Lon of Sc::hedu.le .A -.uega.t Descr:Lpt::l.011 Order Nwaber: 9 l4:l5642 496941 B-988 P-405 08/07/96 03: 39P PG 8 S1'.A1"B' 0, COLO.RADO Subject: f:o a.uy easemeat:s or right:s of way for existing power t:raasmi.ss.ion lines across above described parc:e.l. PARCBL B A parcel or .land s.tcuat:ed bet:lllree.U t:lze-ex:t.sc:.i.ug south ~ of die Colorado .River and the existing-centerl.:Uze of t:he Colorado lUver .iJ:1 the '111./2 of Section 7, 7'ownsh:Lp 6 South, RSZJge !Jl. West: c:f the S.!J..."t'.!l .?.r.i.:c:!pc.l Me.r.id.ia::,. Gar~:!.el.d coi::i~.,;, Col.orado, more part:icula:t:".Iy descr1bed as folJ.ows: commenc:il1g ac an .iron post; and brass cap properly mar.keel and .fotmd iA place of the North Quarter Corner of sa.id Sect:iOA 'T, t:hetu:e s. 40 degrees 25'25• W. 2869.43. feet: t:o a po.int: cm. said Sout:h Bazalc or the Col.orado River, t:he :l"rue Po:Lnt: 0£ Beg:fnniug (whence the .l'aat: Qtzarf:er Cor.a:er of sud Sec:t::Lozi 7, a. rock properly marked and found in pl.ace, bears s. 85 degrees 061 J.2• B. 4480.59 .teet:J thence N. 19 degrees 26'38• Pf. 88.59 £eet: t:o said cent:e.rli.J:ie of the Co.Iorado R.J.Ter; thence N. 70 degrees 33'2.2"' Ir. al.oug said c:mit:er.11.Jze 31..62 feet:; thence IJT. 32 degrees 04'34• lf. a.long sud ce.rd:erl.i.De 434.17 feet:; thence N. 6Z degrees 161 55• 11". a.long-said cent:er.I.ina 278.l.2 feet::; thence-lerrl.J:lg' sai.d. C:l!Ult:ar.l.ine-s. 27 degree• 43'05• s:-. l.!12.ZB feet: to said. sout:l.t Bank of the Co.lorado River; thence along said South Bank s. 62 degree• 161 55• Pl. 3J.6. 65 feet:; thence· a.long said Souc:.h Ban.Jc s • .2!1 degreea 3.!l'l.B• w. :Z37. 7.!I feet:; thence along said South .BazUc s. 68 degree• 16'15• w. 181.45 £eet: to the True Paint: of BegimU..ng. comr.rr OF GAJUl'IB£D S7'.A%'B OF COt.o.2ADO I 11111111111111111111111111111111111111111111111111111 544118 04/19/1999 02:25P 81125 P329 " ALSDORF ............ ----------~- OF 8 ................ ______________ ~~ C: \work\gilead\tss-bnd.dwg Tue Feb 06 14: 51: 27 2001 JltO'U I ~·r1 1'i1'j t (!( t11~ 1: , .. ,.( t,ll1l1 1 .. t ~~~~~ .,~11. ... e. l~lh~ ! I I II ""~~~ !~~ ... ~ ~ h & 'j~ ~ ~~ ~ • ~s ~ '.f ~ "S )' ~ £1) ~Si ~ ~ ~ a I ~" ILJ I !iiflt ·1 1 r;, I ~ I ' ~ ~.1ht ! t 11 ! r"'i ~ j•l'• I I 'I' I i '?.· It .. , I tJ.H t ' r t I I 111 I! h11i ' ' .. I ill s •t • i ~ ~ I J r.1 . • l f l ~ .... _i1i ~~~~ l'l ~ S! I ~ii t ~- i ~ S~~ ~ I~ ~ >- ~jii~I ua ~ ) !""-'' "\) ~ ,, N .... -··· ··-c:{ ..... . ~· \."0 -J; 'I ·-It Q ; ~ ~ _l I MINERAL OWNERSHIP REPORT Date: June 22, 2001 TRACT DESCRIPTION Iowosbitl 6 So1Jtb Range.9L\Nest.at11_p_M. iERAL LAND SERVICES P.O. Box 1223 Glenwood Springs, CO 81602 Office (970) 945-5804 Fax (970) 945-0960 Section 7: A parcel of land situated in Section 7, being more particularly described as follows: Beginning at a point on a fence line as constructed and in place, vllhence the North ~.!.. Comer of said Section 7 a brass cap found in place bears North 23°59'54" East a distance of 2215.43 feet, with all bearings being relative to the East~ Comer (a stone) of said Section 7 and the above mentioned North % Comer (a brass cap) of said Section 7, using a bearing of South 45°25'03" East between the two described monuments. Thence, along the southerly line of the property described in Book 508, Page 119 the following two courses: 1) South 88°35'13" West a distance of 333.36 feet, 2) Thence South 69°33'37" West a distance of 64.08 feet, Thence North 00°16'19" West a distance of 21.08 feet to a point on a fence line as constructed and in place, thence easterly along said fence line the following four courses: 1) South 88°06'27" East a distance of 19.45 feet, 2) Thence North 86°02'57" East a distance of 40.95 feet, 3) Thence North 87°49'51" East a distance of 181.16 feet, 4} Thence North 89°49'09" East a distance of 152.09 feet to the point of beginning, said parcel containing 0.03 acres, more or less. Garfield County, Colorado Acreage: 0.03 acres, more or less SUREACEDWNERSHle.AND MINERAL OWNERSHIE! BBO Trust, a Trust David J. Miller and Renee T. Miller, Trustees 1577 County Road 335 New Castle, CO 81647 100% NOTE: This office notes a possible cloud in title relating to the above described parcel. Lloyd H. Bullock and Marilyn T. Bullock, as joint tenants, conveyed the above parcel to BBD Trust, a Trust, David J. Miller and Renee T. Miller, Trustees ~n Quitclaim Deed recorded in Book 1228, Page 437. However, it appears that at the time of this conveyance the above parcel {surface and all minerals) was vested in Lloyd H. Bullock and Marilyn T. Bullock, co-trustees and not joint tenants, as evidenced by Revocable Living Trust Agreement dated June 1, 1991 and recorded in Book 909, Page 870, Garfield County Clerk and Recorder records. This Mineral Ownership Report was made by using the tract indices of Stewart Title of Glenwood Springs, Inc. upon which complete reliance has been placed, as well as the records of the Garfield County Clerk and Recorder and the Garfield County Assessor_ While we believe al! information contained herein is correct. our liability is limited to the amount paid for this Mineral Ownership Report. Nntp· \fl.Ip h:::l\IP in th,::. n:::lc::t fni inrl Arrnrc:: :::lnrl nmic::c:innc: th:::lt m"'1\I avid in tho tr<>r-t inrti<'<>i:-nf Qtou1.-,rt Ti+lo nf VV~'-lVf~ '.I\..., .... '""'' V• IU.t •ui ... nu .• U,olLVUI JI I VV""''"'"''. ', Ul..ll I;~ •••VIV ..,Ul UVUIUI 1y UV...,V1 '"'"""" ...... uw 1v11vwv..;,. Beginning at a point on a fence line as constructed and in place, whence the North % Comer of said Section 7 a brr 'ap found in place bears North 23°59'54" E· , distance of 2215.43 feet, with au bearings be •. _ .elative to the East 1/.. Comer (a stone) of sa. ...ectlon 7 and the above mentioned North Y,, Comer {a brass cap) of said Section 7, using a bearing of South 45°25'03" East between the two described monuments. Thence, along the southerly line of the property described in Book 508, Page 119 the following two courses: 1) South 88°35'13" West a distance of 333.36 feet, 2) Thence South 69°33'37" West a distance of 64.08 feet, Thence North 00°16'19" \/\Jest a distance of 21.08 feet to a point on a fence line as constructed and in place, thence easterly along said fence line the following four courses: 1) South 88°06'27" East a distance of 19.45 feet, 2} Thence North 86°02'57" East a distance of 40.95 feet. 3) Thence North 87°49'51" East a distance of 18116 feet, 4) Thence North 89°49'09" East a distance of 152.09 feet to the point of beginning, said parcel containing 0.03 acres, more or less. Garfield County, Colorado Acreage: 0.03 acres, more or less SUREAC.E..OWNERSHIUNfiMlNERALOWNERSHle BSD Trust, a Trust David J. Miller and Renee T. Miller, Trustees 1577 County Road 335 New Castle, CO 81647 100% NOTE: This office notes a possible cloud in tiUe relating to the above described parcel. Lloyd H. Bullock and Marilyn T. Bullock, as joint tenants, conveyed the above parcel to BBD Trust, a Trust, David J. Miller and Renee T. Miller. Trustees in Quitclaim Deed recorded in Book 1228, Page 437. However, it appears that at the time of this conveyance the above parcel (surface and all minerals) was vested in Lloyd H. Bullock and Marilyn T. Bullock, co-trustees and not joint tenants, as evidenced by Revocable Living Trus: Agreement dated June 1, 1991 and recorded in Book 909, Page 870, Garfield County Clerk and Recorder records. This Mineral Ownership Report was made by using the tract indices of Stewart Title of Glenwood Springs, Inc. upon which complete reliance has been placed, as well as the records of the Garfield County Clerk and Recorder and the Garfield County Assessor. While we believe all information contained herein is correct, our liability is limited to the amount paid for this Mineral Ownership Report. Note: We have in the past found errors and omissions that may exist in the tract indices of Stewart Title of Glenwood Springs, Inc. Our book and page chains are conditional upon those tract indices and their accuracy. MINERAL LAND SERVICES Arthur R. Dahl, Jr. Certified to: Prepared for: FHe Na: 333.t\ June 4. 2001 cit 8·0(1 a rri Bruce Lewis I ----------- ' Mineral Ownership Report June 20, 2001 Page 2of2 SURFACE OWNERSHIP BBD Trust. a Trust 100% David J. Miller and Renee T. Miller, Trustees 1577 County Road 335 New Castle, CO 81647 MINERAL OWNERSHIP -------T~----·----~,-- Name and Addr,,.,~s Interest Net Acres BSD Trust. a Trust 50.00% 17-470 David J. Miller and Renee T. Miller, . Trustees I Leno B. Moniover 25.00% . 8.735 1914 County Road 31 'l New Castle, CO 81647 Frank J. Montover 25.00% 8.735 P.O. Box302 Silt, CO 81652 ·--·~·--"--·----- l I This Mineral Ownership Report was made by using the tract indices of Stewart Title of Glenwood Springs, Inc. upon which complete reliance has been placed, as well as the records of the Garfield County Clerk and Recorder and the Garfield County Assessor. While we believe all information contained herein is correct, our liability is limited to the amount paid for this Mineral Ownership Report. Note: We have in the past found errors and omissions that may exist in the tract indices of Stewart Title of Glenwood Springs, Inc. Our book and page chains are conditional upon those tract indices and their accuracy. MINERAL LAND SERVICES Arthur R Dahl, Jr. Certified to: June 4, 2001 at 8:00 a.m. Prepared for: Bruce Lewis File No: 333 ---------------------------- GILEAD GARDENS ADJACENT OWNERSHIPS (Within 200 Feet) 2181-072-00-104 Bullock, Lloyd H. & Marilyn T. 1531 County Road 335 New Castle CO 8164 7 2181-072-00-195 Short, Carl Michael 36200 River Frontage Road New Castle CO 81647 2181-073-00-235 Sander, Dieter & Carina POBox2059 Hotchkiss CO 81419 2181-073-00-259 Frei, Janet 775 County Road 335 New Castle CO 81647 2181-073-02-001 Dubois, William H Sr & Donna M 0405 Mid Valley Drive New Castle CO 81647-9657 2181-073-02-002 Harris, Joe & Lori J. 1077 County Road 335 New Castle CO 81647-9638 GILEAD GARDENS OWNERS OF MINERAL RIGHTS Name & Address Interest BBD Trust, a Trust 50.0% David J. Miller and Renee T. Miller, Trustees 1577 County Road 335 New Castle, CO 8164 7 Leno B. Montover 1914 County Road 311 New Castle, CO 81647 Frank J. Montover P.O.Box302 Silt, CO 81652 25.0% 25.0% C11 25.00 C\2 70.00 C\3 70.00 C14 70.00 Cl> 70.00 9'4.35 C16 70.00 ..... C\7 25.00 25.<t-1 C\8 115.00 54.35 C19 125.00 166.34 C20 75.00 53.67 C21 100.00 75.37 C22 100.00 133.07 C23 140.00 66.17 C24 65.00 50.21 C2> 25.00 25.41 C26 70.00 240.12 C27 70.00 110.06 C28 70.00 12.05 C29 25.00 25.'41 C30 115.00 106.71 C31 90.00 78.>J LINE L1 L2 GILEAD GARDENS PRELIMINARY PLA I NOTES: 1. HAR"£ST LANE & GARDEN CIRQ.E SHALL BE DEDICATED FOR EGRESS. INGRESS, EMERGENCY ACCESS, IRRIGATION AND UT'l.ITIES. 2. DRAINAGE EASEMENT SHALL BE ALL AREAS OUTSIDE OF BUILDING ENVELOPES. 3. ISOs"S LEACH FIELD AREAS SHAU. NOT BE ALLOWED Yl11HIN 60 FEET OF TOP OF' COLORADO Rl\.'£R BANK. 4. NO SEWAGE DISPOSAL SYSTEM COMPONETS PERMITTED IN THE 150' RADIUS \E.l ZONES. S. S£WAGE DISPOSAL ABSORPTION Fla.DS SHALL BE All.OWED OUTSIDE BUILDING ENVELOPES. 6. TRAIL 6: PARK EASEMENTS ARE FOR THE USE OF" Gn..EAD GARDENS LOT Ov.NERS AND THEIR GUESTS. 7. RELOCATE FENCE IN COUNTY RIGHT OF WAY TO PROPERTY BOUNDARY LINE. SANDER, DIETER & CARINA PO BOX 2059 HOTCHKISS CO 81419 ROW DEDICATION •, \ R= 1024.28' L= 258.07' D= 14"26'08" C= 257.39' CB-S3010'52"W T= 129.72' R-602.70' L= 213.92' D-20"20'12" C= 212.80' CB-S33"07'53"W T= 108.10' \ I DUBOIS, WILLIAM H SR & DONNA M 0405 MID VALLEY DRIVE , •. NEW CASTLE CO 81647 ; , BUILDING ENVEI OPE BUILDING ENVELOPE TIE EASEMENT, SEE KEY DESCRIPTION BELOW ADJACENT LAND OWNERSHIP EASEMENT KEY D -DRl\€WAY (PRIVATE) I -IRRIGATION P -PARK & RECREATION (NO MOTORIZED \Cila.ES) T -TRAILS FOR PEDESTRIANS & BIKES (NO MOTORIZED 'll&lla..ES) U -UTILITIES SANDER, DIETER & CARINA PO BOX 2059 \ ', \ HOTCHKISS CO 81419 \ \ I \ \ \ \. \ ' ·, U.S.G S QUAD SCALE 1 INCH ~ 2000 FOOT MINERAL RIGHTS. INTEREST BSD TRUST , A TRUST DAVID J. MILLER & RENEE T MILLER, TRUSTEES 50.0% 1 5 77 COUNTY ROAD 335 NEW CASTLE, CO 81647 LENO 8. MONTOVER 25.0% 1914 COUNTY ROAD 311 NEW CASTLE, CO 81647 FRANK J . MONTOVER P.O. BOX 302 SILT, CO 81652 25.0% The pre/Jmmory plan S boundary and basis of beanng 1s based on the attach Boundary Survey Plot of this parcel prepared by Tuttle Surveying Serwce, doted February 5. 2001 Topograh1c mappmg from the Colorado River Flood Plam Study topographic mops coompleted by the Army Corp. of Engmeers, doted December 1982, {Copied off the mops kept at Garfield County Court House} ' ', EXISTING ZONING Lego/ Description A parcel of land comprised of Parcel A and Poree/ B as described in Book 1125 at Pogtt 327. including herewith the property describttd in the Quit Cloim Deed recorded as Reception No. 575238 and exctJpting therefrom the propety described in the Quit Claim Deed rtJcorded as Reception No. 575240. all ln the records of thf!! Garfield County Cleric and Recorder and sltuoted in Section 7. Township 6 South, Range 91 We.'it of fhtt Sixth Principal Ut!lridlon, Garfield County, Colorado, belng more portlcufarly described as follows: Beginning of a '5 re/Jar with a yellow plastic cap LS. 19598 foc:nd in a fence line as constructed and in place also being the southeasterly c.·omer of the H cfe 8 Minor Subdivision Exemption, recorded as Reception No. 311221 i'n the rt:cords of the Garfi~d County Clerk and Rt:corder. whence the North 1/4 Corner of said Section 7 o brass cop found In place bears N 2.J~7'.J3" Ea di'sfonce of 4268.13 feet, wlth all btt0rings btJing relofi11r1 to tht1 said #5 rebar with a yellow plastic cop LS. 19598 and a #5 rtJbar with a red plustic cop {171eglble} a witness comer to on easterly angle point of sold H &-8 Minor Subdivision Exemption, found in a fence line as constrvcted and in place using a bearing of N 04" 39'24" W btttween the two described monuments. 'Thence along said fence line N 04"39'24" w o di'sfonce of 1729.24 feet; Thence, N 19"26'38" W a distance of 88.59 feet to the centerli'ne of fht!J Colorado River; Thence. along sold centerline the following three courses; I} N 70'3.J'.22 .. Ea distance of .J1.62 fet:f; 2) Thence. N .J2V4'.J4" Ea distance of 434.17 feet; 3) Thence, N 6216'55" Ea distance of 278.12 feet; Thence, deporting suid ctll'lterline S 27'43'05" £ a distance of 192.28 feet to a point in a fence line as constructed and in place; Thence, ulong said fence line S 0016'19" E a distance of 272.69 fet:t to u point at the intersection with a second fence line os constructed and in place; Thence, along said stJCond fence line thtJ following five courses; 1} S 88V6'2r £ o distance of 19.45 feet; 2) Thence, N 86"02'57" E a distance of 4a95 feet; .J) Thence, N 87"49'51 .. £ u distance of 181.16 feet; 4) Thence, N 89"49'09" E o distance of 152 09 feet; 5) Thence, N 89"49'09" E a distance of 488.10 feet to a point on the northerly dght of way line of County Rood .J.J5 more or less; Thence, along sold northerly right of way line the following five courses; 1} S 37"2.J's.J" W o distance of 266.14 feet; 2) Thence, 258. 07 feet along o CUnlf!! to the left having o 1024.28 foot radius with a long chord of which bears S 3010'52" W a distance of 257.39 feet and a delta of 14'26'08:· .J) 'Thence, 213.92 feet ulong a curve to the right having a 602 70 foot radius with a long chord of which beurs S 33"07'5.J .. W o distance of 212.80 feet and u delta of 20"20'/2:· 4) Thence, 238.86 feet along o curve to the left having a 1590.42 foot radius with a long chord of whlch bears S .J8"59'49" W a distance of 2.J8.64 feet and a delta of 8'36'18:· 5) Thence, S .J4"4.f'40'" W a distance of 1320.13 feet to the point of beginning sold parcel con faining 34. 969 acres, more or less. LAND USE SUMMARY TOTAL DEVELOPMENT AREA. TOT AL NUMBER OF LOTS AGRICULTURE / RESIDENTIAL / RURAL 34.969 ACRES 9 LOTS TOT AL NUMBER OF DWELLING UNITS PRIMARY UNITS: 9 ACCESSORY UNITS: 5 TOTAL 14 0 TOTAL NON-RESIDE'<TIAL FLOOR SPACE AREA- TOTAL NUMBER OF DWELLINGS PER STRUCTURE TOTAL NUMBER OF OFF STREET PARKING SPACES 1 PLUS 1 ACCESSORY UNIT ON 5 OF THE 9 LOTS TOTAL GROSS DENSITY LOT 1 2 3 4 5 6 7 8 9 HARVEST PRIMARY UNITS: 36 ACCESSORY UNITS: 10 TOTAL PARKING SPACES: 46 3.8 ACRES PER PRIMARY UNIT 2.5 ACRES PER DWELLING UNIT {INCLUDES ACCESSORY UNITS) LOT SUWARY SQ. FEET ACRES AUX. 182. 681 4. 193 181 ,659 4.170 174,393 4.003 116 ,348 2.670 88. 708 2.036 90 ,583 2 .079 98. 663 2. 265 216,224 4.963 309,043 7. 094 LANE 32.153 0. 738 GARDEN CIRCLE 21 ,544 0.494 ROW DEDICATION 3,512 0.081 DWELLING UN IT YES YES YES YES YES NOT FOR CONSTRUCTION GRAPHIC SCALE i T i i (IN FEET) 1 inch = 100 ft. >-ID z 0 u; 5 w "' ~ < 0 0 z ., ~~ c5 5 .::::.:5 ID CD ..... tri ·: ·: ~ ~ w"'"' < 0 0 (.) 0 G: ~~i -~8 bp 'ill ~~ .. g~ ~h~ i~if ~~ ~j i~ 0 ;s; U1i ~ ...J w ~ !E FILE NUMBER MILLER C1 ',, ______ ___,! ', ' ' :r-r_ -;Jen !~~se I I I ,. I ,,. : :: _-::_-·1 ,., _____ /,,,, : WELL #2 (Nswr~···cor:it.iECJ .. : /J.:::.1.J:'.!l~--.POLY TO TANK. I/ WELL #1 (EXISTING) -CONNECT 1-1/4" POLY TO TANK. CONNECT 1-1/4" POLY TO - 1-1/2" p~~~~~~.s--'I--I--- ..--:- ~-.J ·-i ;_: (j GRAPHIC SCALE i i ( IN FBET ) I Inch • 60 IL \ / \ POLY@ 230' 1" POLy.@J5 '//~ / \ PT 5 ~TP ~ ~/ ----~-·--- i .EXISTING~ Ohr+-------EXISTING O'-£RHEAO ELECTRIC ~ EXISllNG PO'MZR POLE 0 EXISTING Tn.EPHONE RISER TP " HP GEOTECH BORING HOLE PT 3 $-PERcot.AllON lDCT PIT TH 2 -$-PERCOLATION HOLE ----PROPOSED Til.EPHONE LINE ---E ----E -PROPOS£0 ELECTRIC LINE --lE lE-PROPOSED mEPHONE A:: ELECTRIC LINES --·-·----- WV PROPOSED WATER LINE C><J PROPOSED WATER VALVE ~ PROPOSED FlRE H\'ORANT 0 PROPOSED ELECTRIC lRANSF'ORMER ~\ '\ \ \ TWO - '\ 1" POLY \ \ LOT4 > POLY ~68'/ / / / / ' ' TYPICAL POND CROSS SECTION N.T.S. \ NOT FOR CONSTRUCTION 0 z - FILE NUMBER MILLER C2 • GRAPHIC SCALE i i T ( DI FEET ) llnch"'60ft. r· i 11:._~en \~~se I I T I / I / I / : ----------· .~5 .~51 (}---------: .--·------------ 1 I --V I I I I I I I I I LOT 8 !.QI.Z 8" C900 VC PIPE FOR DRY IRE HYDRANT 2" PIPE INTA E 2" CURB STOP & SER'v1CE / \ \ ./;;\/ / \ \ / -----------------~--·-----=-=---·------ 8" TO PONO 8'" TO DRAIN 8" TEE 8" TEE 8" TEE 8" GATE VALVE 8'" TO POND IRRIGATION DISTRIBUTION DETAIL NO SCALE / '·, v ',,<\ \ \ \ \ \ -·----·-·--· - 6'" PLUG 2" CURB STOP 2" CURB STOP FUTURE PUMP .. p 6'" PVC PIPE .. 8'" C900 PVC PIPE (2) 4 '" WO SUBMERSIBLE PUMPS 100 GPM 0 60 PSI EAQ-1 SEE PUMP/CASiNG DETAIL 6'" PVC PIPE .. p 6" PVC PIPE IRRIGATION DISTRIBUTION LINE 2" CURB STOP '"x6'" REDUCER 6" C900 PIP[ TO DRY HYDRANT IRRIGATION PUMP STATION SCHEMATIC NO SCALE 8" PVC CAP (REMOVABLE) 3' M1N. TO IRR. OISlRIBUllON SYS. PITI...ESS ADAPTER 2 '" SCH 80 PVC PIPE 8" C900 VERTICAL PVC CASING PIPE 4 '" VFD SUBt.IERSIBLE PUMPS 100 GPM 0 60 PSI EAQ-1 (lnstoH Pump controls ot Domestic Water Pump House) $ LOWER POND BlM ELEV. 8" PVC CAP TEE 8X6 PVC 6" PVC PIPE FROM PONDS 4' MIN. SUBMERSIBLE PUMP /CASING DETAIL NO SCALE NOT FOR CONSTRUCTION >-"' 0 z z .., < 0-' ,a. NI N -' '" "':::> FILE NUMBER MILLER C2A .. P\11 STA • 3+32..73 PVI EL£V • 5500. 11 A.O. -2.30 K • 21.74 50.00' vc ::? ~ ~ ;; i;; ;!; l s "1 ;!; ~ ~ 2 3+50 ·, ' / / \ \ I \ '-----150.00' vc -----' LOW POINT ELEV -5498.20 LOW POINT STA • 1+54.38 P\11 STA • 1+17.66 P..,, ELEV -5497.53 A.O. • 4.70 K • J1.90 1+00 0+50 QARCEN LANE Cll..-DE-SAC CENTEflLltE PROFLE STATIONING IS FROM RIGHT TO LEFT I o+OO i ! -··-\ ___ .,..=--1--=J;::;= ---r- 1 r· -_, -I .L I / / {o.. I i ~I I I I -j ! --· ·--+- I I I \ I\'·----· I ~ I: I I P\11 STA • Q+35 Pvt ELEV : 5528.10 A.O. • -4.00 K • 7.50 30.oo' YC I I ~ f1 :il :;; 6 ~ 6 ~ ~< 5530 l /-~·/!ii -I ~~-<:1·· -~1!15520 l .. ---··t t···· --··i 5500 _ J ..... ; .... ' -1--+--1 '···-l ! ·{ ~"-L _[_ .... : --\ SCAIE i·:·;o'horo2oJr..:-··l 54•0 :T CENTERr~~~AlipN i 1·: • 10' ~TICAL >--+---i--+--------_._-_,__---'.....___,___.......,_41 _ __._· _ _._ _ _.._ _ _;....._..;-_+---4-----''--~'--·--'~/Mff/llEIZV 64116..~ ~~ ~ 0 :;; ~ ~ ~; .; "'!! 5+00 4+50 4+00 3+50 J+OO 2+50 2+00 1+50 1+00 o+50 o+oo OAROEN LANE CENTEflLltE PROFl..E STATIONING IS f'ROM RIG-IT TO LEFT i GRAPHIC SCALE i T i ( JH FBET ) 1lDcb•60 ft. SEE TYPICAL ROAD CROSS SECTION ON SHEET C4 SEE GENERAL & UTILITY NOTES ON SHEET C6 NOT FOR CONSTRUCTION >-ID 0 z FILE NUMBER MILLER C3 • ~--------------------SO' R.O.W. ---------------------, l 25' __________ _, STRIP ALL TOPSOIL. SCARIFY AND RECOMPACT SUBGRADE TO A MINIMUM DEPTH OF 8" TO 957. STANDARD PROCTOR --11'm 2' GRAVEL LANE . SHOULDER GRAVEL SURF ACE 3% .J_.' r,.,,,,,J 4• CLASS 6 AGGREGAlE BASE COURSE COMPAClED TO 95:!: STANDARD PROCTOR ROAD SECTION (TYPICAL) N.T.S. ' \ I \ \ ' \ """ \ \ \ I I \ ~OT4 \ ~ \/ \ " i~~\ / ,_y ·R·51.D<Y\ '-......_~-< l•Z65.34' '\ -----\/ '11~ \ ~ O 5"J' ;J LR-54.--. 68 LF'.\~8" - 2 O · ' £ L•55.65' INV. IN .4 '~ INV. OU ,.. 23.0 . '\ \ \ '/ I \ ' I ' \ , \ LOT,~ \ \ \ '\ Pvt STA ,. 3+48.61 PVI ELEV = 5529.32 A.O ... 2.50 K • 20.00 50.0000' VC ~I~ ~ ~ ; ~ ~ t; ~ ~ Vi w ~ ~ "" 3->50 "' ', '\ ', " " '\ '\ \ LOW POINT ELEV = 5523.37 LOW POINT STA • 1+97.04 PVI STA "" 2+02.26 PVI ELEV • 5522.00 A.O. • 9.20 K,., 13.04 i20.oooo' vc 1• Jo 50' HORIZONTAL 1· 'f 10' ~RTICAL : APP~OXIMA rJ: EXISTING GRi:JNo \,( ··,',,, '\ \ \, \ \'\ \ \ /\" " \ \ \.' \..'\ \ \ \ \ \ \\ \ / -..... ,, '"" \ '\ >(" ' \ \ '\../ '', ' ............. '\ \../'"'', P\11 STA • 0+28.06 Pvt ELEV = 5529.Jl A.O. • 3.30 K • 15.13 50.0000' vc ~ ~ ~ ~ ~ ~ ~I~ : : ~ ~ "" I ~g "+ '50 FI 11' 5530 §~l 5510 ELEV~llON A! CEN~LINE, 1"P· \ . I AT :CEN~~Nt., lyt'. : ' 'DA1VJI ELEV , . I 1 I I [ I I I I I l I 6506.00 ..,., " ~~ ~ ~., ~~ ~ ~~ " ~~ "" " "" iii l+OO 2+50 2+00 1+50 1+00 HARVEST CIRCLE CUL-DE-SAC CENTERLINE PROFILE STATIONING tS FROM RIGHT TO LEFT 0+50 ~! :di~ 0+00 GRAPHIC SCALE k•w.J i i i i ( IN FEET ) 1 iDch -50 fL ·,, ~ 0_7.. ~oA ....... ~~~ \v ---- PVI STA • 0+35 PVI ELEV -5541.00 A.O. ,. -3.50 K *' 8.57 I I 30.00' vc ~I 0 ~1~ 0 " " •. .,,. ... ~§ 5540 ~ < "" ~N "" z" o" u. ~0 >· 5530 ~:;i z., ~=· OU ~~-5520 ~~: .. 50', HORIZONTAL SCALE: • 10': VERTidL f.----+---:---'-~·~-~-.;._-~---+----i-----;1DA~.~ :;;15 ~~ ~1>? "N :g" ~I~ "I~ "11 ~l~ ~ ~~ ~1u~ ::i~ ~~ ~A "' "" '°:g 11')11') "" ! - 2+00 1+50 ~ ~I 2+50 0+50 o+oo 1+00 HARVEST CIRCLE CENTERLINE PROFLE STATIONING I'S f'ROM RIGHT TO LEH NOT FOR CONSTRUCTION >-"' z 0 v; > w "' ~ < D 0 z .., ~ ' .., ·ill1 ~~8 bp 'ill ~ra "' - ~18 Iii! ~ i~il ~~ fl) f:!1 ~~ ~ ~~ ~ 011: 01~ ~ J:~ FILE NUMBER MILLER C4 I I I I I I \ \ \ I \ / / I PUMP HOUSE HEAlER 4" TAN ~T \ " " FlB w 1'-0- SIDE ELEVATION SCAL£, 1/"r -1'-o" A 4'-10" 1'-0" AR ARE"-! a. BOX A -o" ·-10· 1·-0· 2·-10- PIPING DETAIL SCALE: 3/4" = 1'-0" D 3068 INSULATED METAL DOOR ALARM LIGHT • FRONT ELEVATION SCALE: 1/r -1·-0· TO TOP OF TANI< • SlUDS 0 1S-O.C. . STUDS AS REQUIRED 1• X 4• CEDAR lRIM \ \ • \ \ I D 3068 INSll.AlED METAL DOOR s 018" o.c. I _, I I I I I 4• CONCRElE SLAB W/ 6x6/10-10 W.'M.4. 1/2• EXPANSION JCJNT 2• x 5• lREAlED PLATE W/ 1/~ ANQ-IOR BOLTS 0 4'-0" O.C. 2 -fS'S lOP ok BOTIOM f4 -6"X27"L 0 36" O.C. VERT .J.---------r11- f4 0 12" 0.C. HORZ. _j__--------c 4' MIN. 4• C900 PVC PIPE TM> VFD SUBMERSIBLE PUMPS 35 GPM 0 70 PSI EAQi NOlES: YLALLS;_ 5/8" CEDAR BOARO "PL YWOOO SIDING" TYVE1< WRAP 2"X6" STUDS 0 16" O.C., R-19 s• INSULATION, 1/2" WATER ROCK, TAPED AND PAINTED OFF WHITE Bl.OOC 0 ff FOR SIDING fillQE:. #235 ASPHALT SHINGLES OR DARK BROWN PRO PANEL Sil!' COX PL YWDOD SHEA lHING 2·xe• DOUG FIR RAFTERS 0 24" O.C., R-19 5• FlBERQ.ASS BATT INSULATION, 1 /2" WATER ROCK CEILING fOUNQAT!ON 1/Z" X 6• ANOIDR BOLTS 0 4' O.C. REBAR AS N01ED ALL FOOTERS TO REST OH UNDISTURBED S<JL All CC1NC. TO BE 3000 PSI 'MlHIN 28 DAYS @ ® © © © ® © ® © @ ® ® © 1 1/2 • BRASS BALL VALVE 1 1/2" -90" ELBOW SCH. 80 PVC 1 1 /2" x 1 • REDUCER BUSHING SCHEDULE 80 P\IC CHLORINE IN.ECTOR 1 1/2• SCH 80 PVC TEE W/BRASS HOSE BIB 11 lE£ 50-tEDULE 80 PVC PUMP now SENSOR 1• TOTALING FLOW ME'TER r -90· ELBOW SCH. 80 PVC 2• -UNION COUPLING SCH. 80 PVC 2 • BRASS BALL VAL.Yr. 4(~~E~ 2• SCH 80 PVC TEE W/BRASS HOSE Bii 4• UQUtD PRESSURE GUAGE. e PVC TEE A: BRASS BALL VN...V£. ® PUMP PRESSURE SENSOR ® 4" CAP (RESTRAllED) FDR C900 PVC PIPE © 1" AJR/VAC VAL\1'£ ® 1• BRASS BAU. VALVE © •• -90' ruow (RESTRAINED) C900 PVC 1/"r' a>X PLYWOOD OR WAFFER BOARD lOf FELT, ASPHALT SHNQ..E (OR APPRO~ EQUAL) AUTOMATIC ~T W/ 01\MPERS WA 1ER STORAGE TANK 8" BATT INSUlATION (R19) r x s· B1..0CK1NG CROSS SECTION A-A SCALE: 3/4" = 1'-0" NOT FOR CONSTRUCTION ,.. ~ "' ~ ~ .. z ~ 0 ;;; .. > iS ... il 0:: ~ 5i! ~ ~ < ~ 0 ~ - "' "'a 0 J: '-1 i5 -' -0:: <:;_o "'lil .., :i! .. 0 Vi·: ~~~ ... 0:: 00 ~al !~8 ill Hr .uB i~il ~~ FILE NUMBER MILLER C5 GENERAL ANO UTILITY NOTES: 1. ALL CONSlRUtllON SHALL MEET OR EXCXED NORMAL INDUSlRY STANDARDS AND THE STANDARDS ESTABLISHED BY GARf1ruJ COUNTY, AND BE SUBJECT TO DBSERYAllON GARFlEtD COUNTY AND 1HE PRO.Eel ENGINEER. 2. EXISTING U11U11ES ARE SHOWN AS TiiEY ARE SEUOED TO EXIST. 'THESE Ull.JTIES, AS SHOWN, MAY NOT REPRESENT AClUAL FELD CONDITIONS. PRIOR TO ANY EXCAVA1l<lt, CONl'RACTCR SHALL CONTACT ALL APPRCPRIAlE Ull.ITY COUPANES FOR LINE LOCATIONS. CONlltACTOR SHALL NOlFY PRO.ECT ENGINEER aF AHY POlENTIAL CONFUCTS PRIOR TO Ull.JTY CONSlRtJClDI SO THAT LINE OR GRADE DIANGES CAN BE MADE TD Avc:.l A CONfUCT OF EXJSTING Ull.ITY. lHE CONlRACTOR SHALL PROlECT AU. EXISTING UTIUTtES FROM DAMAGE DURING CONS1RUCTION. lHE CONTRACTOR, AT NO E>IPENSE TO THE OWNER OR ~CT ENGINEER, SHALl REPAIR ANY DAMAGED Ull.ITIES. 3. 1HE CONTRACTOR SHALL \UIFY DQS11NG PtPE INYER1S AT TIE-IN PQNTS OR CROSSINCS PRIOR TO CONSTRUCTION. 4. WAlER LINE BENDS SHOWN ARE APPROXIMAlE IN lHE HORIZONTAL DltECTION ONLY. '-OllCAL BEfrl>S MAY NOT BE SHOWN. 1HE CON1RACTOR SHALL BE AWARE TiiAT ADDlllONAL HORIZONTAL AND ~ BENDS MAY BE REQUtRED AND ARE CONSIDERED PART OF THE WORK. ~ AU WATER MAl\IS SHALL BE a.ASS 52 OUC1llE IRON PIPE W/POLY'MtAP ENCASDIEHT OR COCO PVC PIPE. ALL CAST HIN ATTINGS SHALL BE MEOlANICAL JOINT (UNl.£SS SPECIFIED n.sEW£RE) AND ENCASED MlH P<l..nRAP. ALL WATER MAIN AND SERWXS SHALL MAINTAIN A MINIMUM OF 4.0 FEET aF ~TICAI. GROUND CO\Ul e. AEWST THE TABULATED lHRUST BLOCK SENtWG AREAS SHOIN ON THE DETAL st£ET FOR 2.000 PSr SQL BEARING CAPAOTY. 7. ALL SHAU.OW Ull.111ES MUST MAINTAIN 3 FOOT MINIMUM OEPlH BELOW AHY DITCH CROSSINC. 4.rt FOR WATER LINES. a. ALL EXCAVATIONS FOR UllUTY LINES. RETAINING WALLS. ROADWAYS. BUILDING STRUClURES, ~ fACVlES AND 1RENCHES. SHALL MEET THE REQUIREMENTS OF ~~~~~ ~~~A:oJ:AJiJ.C::~STRJAL TRANSPORTA110N. \ffOi EVER APPLIES. 9. COMP~ OF ROADWAY AND PARSONG AREAS MUST BE ATIAINED AND CCJMPACllON RESULTS 9.JBMITim TO CARFlEl.D COJNTY ANO 1HE ENGINEER PRIOR TO ACCEPTANCE. 99 STANDARD PROCTOR lS REQUIRED ~ ALL ROAD CONSTRUC1lON AND TRENOt BAO<FllL UNDER 1HE ROADWAYS. I.KESS OlHER'MSE NOTm. 10. THE CONTRACTOR SHALL CONTAIN t15 CONSTRUCTION AC1M1ES 10 lHE AREA Wl1Hl4 lHE STREET RIGiT OF WAY ANJ THE GILEAD CARDEN SllE. THE CONTRACTOR SHAU. NOT OPERAlE OUTSIDE THts AREA WllHOUT lHE PRIOR CONSENT OF 1HE PROPERTY OYltlER INYOL't'ED. AAY DAMAGE TO PRIVAlE PROPERTY BY 1HE CONTRACTOR OUTSIDE THESE LIMITS MTHCUT THE PERMISSION OF 1HE PRIVATE PROPERTY O'MllER 'MU. BE 1HE RESPONSHIUTY OF THE CONTRACTOR. 11. ENSURE DRAINAGE AWAY FROM ALL STRUC'TURES IN ALL DIREcnONS. DO NOT ALLOW WATER TO POND IN SWALES. 12. THE CONlRACTOR SHALL AT ALL TIMES KEEP TWO FUU. SETS OF CONTRACT DRAWINGS MARKED UP TO INDICATE lHE AS-BULT CONDITIONS. THE DRA'MNGS SHALL BE PR<MDED TO THE OWNER AND THE ENCINEER UPON COMPl.EllON OF lHE WORK. WHERE PRACTICAL. lHE CONTRACTOR IS TO PROYl)E AT LEAST lWO 11ES FROM PHYStCAL MONUMENTS TO ALL ATTlNCS. VALVES. MANHOl.ES. AND lllE END OF AU. saMCE UNES. 13. FOR MY CONSTINC1lON AClMTY 'MltlN ca.ORADO Rl'tat ROAD RtGHT-Of-WAY. CONlRACTtlR SHALL PROW>[ ALL WARNING UCHTS,, SIGNS. BARRICADES. Fl.AGMEN OR OlHER DEVICES NECESSAAY TO PROVIDE FOR PUBLIC SAFETY IN ACCalDANCE 'MlH THE CURRENT MANUAL Of UNIFORM TRAfflC CONlROL. DE\1CES. THE CON1RAC"fM MU. BE RESPONSISL£ FOR ALL CCWSlRIJClKlN Z0£ 1RAFflC CONlR<L A CONSTRUC110N 1RAFF1C C()N1ROl MUST BE SUBMITIED ~ RE'IJIEW AND APPROVAL. TO THE OWNER. PRo.ECT ENGINEER, AND GARfln.D COUNTY 7 DAYS PRIOR TO COMUENDNG CONSlRUCllON 'MntlN COLORADO RMR ROAD R!QiT-OF-WAY. 14.. ON-snt OBSERVATIONS AND REV€W CONDUCTED BY 1HE COUN1Y OR PRO.ECT EHCIEER Of CONSTRUC1IOH WORK IN PROCRESS ARE NOT TO BE CCNSlRUED AS A GUARANTEE OR WARMNlY BY THE COUNTY OR PRo..ECT ENCINEER Of THE COMA.ETED WORK ANO lHE CCNlRAClOR'S RESPONSIBIUTIES. 15. SAfETY IS 1HE CONlRACTCR"S R£!iFt<»ISIBIUTY. lHE PRO.ECT ENGINEER. NOR THE CITY Nf£ NOT RESPOHSISl£ FOR SAFETY IN. ON OR ABOUT THE SITE. NOR FOR COMPUANCE BY THE APPROPRIATE PARTY 'MlH N4Y REGULATIONS RELATING H£R£TO.. 18. THE CXJN1'RACTOR SHALL MAINTAIN EXISTING DRAINAGE CHANNElS ANO IRRIGAlKIN ~~ ~~:~ ~CESSARY TO PROlECT ROADS. PROPERTY, AND 17. 1HE CONTRACTOR SHALL TAKE ALL APPROPRIAlE PRECAUTIONS TO StQffflCANllY REDUCE ANY POlENTIAL Pct.LUTION CAUSED BY HIS ACTIYlllEs. INQ.UDING -.gtlCI.£ F\E.ING, STORAGE aF FERTILIZERS OR DIEMICALS. E1C. THE CONTRACTOR SHALL HAVE IDEN1IAED PROCEDURES FOR HANCl.MC POTENTIAL Pct.UITANTS AND HAVE tDEN11FlED SPIU. PRE\t£NTION AND Rt:5PONSE PROCEDURES PRIOR TO AHY AC11\4TIES AT lHE PRO..ECT SITE. 18. 1HE CONlRACTOR SHALL NOT SCALE DRAWINGS FOR CONSTRUCTION PURPOSES. N4Y MtsSING CM.tENSIONS OR Ol~N40ES IN Pl.ANS. FnD STAKING. OR PHYSICAL FEAlURES SHALL SE BROUGHT TD 1HE ATTENTION OF 1HE PRO.ECT ENQNEER. F lHE CONTRACTOR PROCEa>S WITH lHE 'MAC 'MlHOUT N011FYING 1HE ENGINEER. t£ DOES SO AT HIS OWN RISK. 19. ALL DISTURBED AR£AS MUST SE ~GETATED. TEMPORARY IWGATION WILL BE REQUIRED TO REESTAEIJSH VEGETAlKlll. 20. DISPOSAL OF TRASH. ASPHALT, ~ AND CONSTAUClJON DEBRIS IS THE Ct1N1RAC1CRS RESPClllSIBIUTY AN:> SHALL BE CONSIDERED PART OF lHE WORK. GROUND SURFACE 5' WIDE (TYPICAL) 4' WIDE DOWl'J RIVER BANK REPLACE EXISTING GROUND SURFACE WITH 6" OF GRAVEL MATERIAL IBAIL SECTION N.T.S. PENDS a. El.BOWS M®fll JEE ECR BJD!Bf CQNN£CDON DEAD END LINE DP1CN_ SECTION lt!RIJ 1HRU$I B' <p< ..... ... -""'° 12" 1LO 11.t 7.1 ,. ~· •. •• ,. MINIMUM lHRUST BLOCK BEARING AREAS IN SQUARE FEET .... U.1/r m: .. ,. ..... ..... PWO . ..._,.. u « 1U '·' LO 11 1A .... 19 .. LO .. ., . . 11 ~' . . .. ~· .. .. ... THRUST BLOCKS FOR WATER MAIN PLAN VIEW N.T.S. ~GROUND SURFACE NEW IRRIGATION DITCH SECTION {TYPICAL) ~' WARN~G~ 24• N.T.S. FUlURE Tn..ECOM. CONOUIT TElEPHONE (NO CONDUIT EXCEPT ROAD SER~CE CROSSING) UTILITY IBENCH DETAIL El.ECTRJC. lELEPHONE &: CABLE lV N.T.S. Bo+tl" ~ EXIS1IMC ASPHALT TO BE SAWCUT (n'P.) DEP1M OF ASPHM.T • ............. .-... ]RENCH CROSS SECTION N.T.S. CCl'PBI' II.ET Rift fl.ME CICMm:1DI R£QLRD ON WA'IUI lllMI lmE. WE ON OU1lET. OR AS -...0 TO MA10t .,.._..,.... ... SET CUii S1Cll" Clll MAStlNn' SUPPOln' WA~ SERVICE CONNECTION DETAIL N.T.S. ....... ,... ____ _ "'"""' GATE VALVE DETAIL N.T.S. NOT FOR CONSTRUCTION FILE NUMBER MILLER C6 GILE A GARDENS, LOT SUM'MRY LOT SQ. FEET ACRES AUX. DWELLING UNIT 1 182,681 2 181 ,659 3 174,393 4 116,348 5 88,708 6 90,583 7 98,663 8 216,224 9 309,043 HARVEST LANE 32,153 GARDEN CIRCLE 21 ,544 ROW DEDICATION 3,512 4.193 4.170 4.003 2.670 2.036 2.079 2.265 4.963 7.094 0.738 0.494 0.081 YES YES YES YES YES LAND USE MAP LAND USE SUMMARY EXISTING ZONING: TOTAL DEVELOPMENT AREA: TOTAL NUMBER OF LOTS: TOTAL NUMBER OF DWELLING UNITS: AGRICUL TUBE / RESIDENTIAL / RURAL 34.969 ACRES 9 LOTS PRIMARY UNITS: 9 ACCESSORY UNITS: 5 TOTAL 14 TOTAL NON-RESIDENTIAL FLOOR SPACE AREA: 0 TOTAL NUMBER OF DWELLINGS PER STRUCTURE: 1 PLUS 1 ACCESSORY UNIT ON 5 OF THE 9 LOTS TOTAL NUMBER OF OFF STREET PARKING SPACES: PRIMARY UNITS: 36 TOTAL GROSS DENSITY: . . . . . . . . . . . . . . . ACCESSORY UNITS: 10 TOTAL PARKING SPACES: 46 3.8 ACRES PER PRIMARY UNIT 2.5 ACRES PER DWEWNG UNIT (INCLUDES ACCESSORY UNITS) LEGEND LOT AREA / PASTURE BUILDING ENVELOPES TRAIL EASEMENT (4000± FT.) PARK EASEMENT (4.9 AC.) ROADWAY COLORADO RIV ER PROPOSED PONDS EXISTING IRRIGATION DITCH a SCALE: 1 inch = 200 feet F1LE NUMBER 111Ll.£R ---------------------~~ l}1 11;Pdnin~reJoQ mug J q.AftFA I 1y17r J2ffl9ro? O!·fP·25 PM ~\ \ \ .. ' ' VICINITY MAP NOT TO SCALE 12/5/02 DRAWN BY: CHKD BY: TPB TPB 1 OF 1 2001.003 GILEAD GARDENS BOUNDARIES UNLIMITED INC. 923 COOPER AVENUE, SUITE 102 GLENWOOD SPRINGS, CO 81601 R91W R92W ~~------------------·- lB.:s=J' !!° 2000 !°° Scale in Feet. PROJECT LOCATION MAP GILEAD GARDENS R91W R92W .@) ...L @ ~~fl&~-Wi'Ja~ BOUNDA1"ES UNLIMIT~ INC. March 7, 2003 David and Renee Miller 1577 County Road 335 New Castle, CO 8164 7 Re: Gilead Gardens -Water Supply Plan & Central Water System BU File# 2001.01 Dear David & Renee: The following report discusses the water supply and central water system for the proposed Gilead Gardens subdivision. The proposed 9 lot subdivision is located along the south side of the Colorado River between Silt and New Castle, approximately 3.5 miles west along Colorado River Road (CR 335) of the I-70 New Castle Interchange. The majority oflot areas presently irrigated will continue using the water from the three existing ditch laterals traversing the property for irrigation water. Water Supply The estimated diversion and consumptive use for the proposed subdivision is presented in the attached Table 1. This table will be included as part of an application to modify our existing water lease contract with the West Divide Water Conservancy District. Water usage input information includes 9 primary single-family residences and 5 accessory dwelling units (ADU) assuming 3.5 persons per residence and ADU consuming 100 gallons of water per person per day. Usage also includes a 1,000 square foot area oflawn irrigation for each residence and ADU, a total of 18 livestock, and 1.0 acre of pond surface evaporation. The proposed total annual water use quantity calculates to be 9.17 acre-feet. The Gilead Gardens Homeowners Association, LTD. currently contracts with West Divide Water Conservancy District for an annual water use quantity in the amount of9.82 Acre-feet. A copy of this contract is attached. An existing 76 foot deep well (Permit No. 106517) was completed January 15, 1980 and currently services two existing single-family residences on the property. The well (location is shown on the Preliminary Plans) draws from the Colorado River alluvial gravels. A copy of the Water Well Permit along with a signed 600-foot well spacing statement (Bullock well) is attached for your reference. A 24-hour pump test was conducted by myself on January 3rd and 4th, 2001 with the assistance of Aqua Tee Systems Inc. utilizing the existing I horsepower electric submersible well pump. As shown in the attached well test sheet, the water dropped approximately 12.58 feet at a flow rate of 15 gpm in 24 hours. The water level nearly stabilized towards the end of the test with only a I-inch drop during the last 3 hours of the test. Recovery of the water level was collected for a 60-minute period after the pump was shut off. The water level recovered to within one inch of the initial level within 9 minutes. The test results show that this well displayed better than normal (quick) recovery 923 Cooper Ave, Ste. 102, Glenwood Springs, CO 81601 Ph: (970) 945-5252 Fx: (970) 384-2833 characteristics. The attached results of a water analysis (sample drawn during the pump test) indicate water hardness and total dissolved solids not uncommon to the area. Based on these test results, we believe that this well will provide an adequate water supply for the proposed subdivision. Central Water System /0~01.~~"'-~.., Gilead Gardens' domestic water needs will be serviced by a central water system. Water supplied by the two wells will be Chlorinated and stored in an underground storage tank. Pumps will pressurized the distribution system with the treated water from the tank. The tank size was calculated on one day of estimated water used for a fully built out development. Using 350 gallons per day (see above Water Supply) for each of the 9 single family residences and 5 ADU's results an estimated daily average of 4,900 gallons of water used. The proposed 6,000 gallon tank exceeds the calculated water volume 22 percent. The central water system plans and details are included on the Preliminary Plan Drawings. Please contact me at 945-5252 with any questions you may have. BDL/soe enc. Dome1Uc Demands # of Residences 14.0 units # persons/residence 3.5 cap/unit # gallons/person/day 100 gpcd Percent Consumed 15% Lawn Irrigation 1 000 sq-ft/lot Application Efficiency 70% Crop lrrig reqmnt (CIR) 2.17 ft Ol111tl9lon R&qu1 ... men111 (1) (2) (3) (A) Oomeollc Com morel el Oom\Comrn Pond Month ln-l!OU18 ln·houae Irrigation Evep. {ac..ft) (IC•ft) (IC•ft) (IC•ft) anuary 0.47 0.00 0.00 0.03 abruary 0.42 0.00 0.00 0.06 VI arch 0.47 0.00 0.00 0.12 April 0.45 0.00 0.02 0.25 May 0.47 0.00 0.13 0.34 June 0.45 0.00 0.16 0.47 July 0.47 0.00 0.15 0.48 \ugust 0.47 0.00 0.11 0.43 ptember 0.45 0.00 0.09 0.28 ictober 0.47 0.00 0.00 0.16 •vember 0.45 0.00 0.00 0.07 !cember 0.47 0.00 0.00 0.03 \nnual 5.49 0.00 0.64 2.74 1: Pond will be supplied with existing irrigation ditch water. Table 1 GILEAD GARDENS SUBDIVISION 9 Lots, 5 AOU's Estimated Water Requirements 21-Feb-03 Water Use Inputs ' COll'Jl!lerclif Dfflllnde Other Demand• # of Commercial Units 0.0 Pond Surface Area 1 acres # persons/unit 0.0 Annual Net Evaporation 2. 74 ft # gallons/person/day 100 gpcd Livestock 18 units Percent Consumed 15% Livestock Consumption 15 gpud Lawn Irrigation O sq-ft/unit Irrigated Open Space 0 acres Application Efficiency 70% Application Efficiency 70% Crop lrrig reqmnt (CIR) 2.17 ft Crop lrrlg reqmnt (CIR) 2.17 ft Water Use Calculations Coneumptlv. U11 (5) (8) (7) (I) (8) (10) (11) (12) LI•t· Averag• Oomasllc Commercial Oom\Comm Pond Live- stock Total Flow ln·houee tn-houae Irrigation Evap. etock {IC.fl) (1c.ft) (gpm) (ac·fl) (ac..fl) (IC•ft) (ac..fl) {ac..ft) 0.03 0.52 3.8 0.07 0.00 0.00 0.03 0.03 0.02 0.51 4.1 0.06 0.00 0.00 0.06 0.02 0.03 0.61 4.5 0.07 0.00 0.00 0.12 0.03 0.02 0.74 5.6 0.o7 0.00 0.01 0.25 0.02 0.03 0.96 7.0 0.07 0.00 0.09 0.34 0.03 0.02 1.10 8.3 0.o7 0.00 0.11 0.47 0.02 0.03 1.12 8.2 0.07 0.00 0.10 0.48 0.03 0.03 1.03 7.5 0.07 0.00 0.07 0.43 0.03 0.02 0.84 6.3 0.07 0.00 0.06 0.28 0.02 0.03 0.65 4.S 0.07 0.00 0.00 0.16 0.03 0.02 0.55 4.1 0.07 0.00 0.00 0.07 0.02 0.03 0.52 3.8 0.07 0.00 0.00 0.03 0.03 0.30 9.17 5.67 0.82 0.00 0.45 2.74 0.30 (13) (14) Average Total Flow (ac-fl) (gpm) 0.13 0.9 0.15 1.2 0.22 1.6 0.36 2.7 0.53 3.8 0.67 5.1 0.68 5.0 0.60 4.4 0.43 3.3 0.26 1.9 0.17 1.2 0.12 0.9 4.31 2.66 -------~-·-·----•-• --~~-------~--~--~A------o.·-·-~·--•-•""" --·---··---··----- JMP TEST DATA Permit No.: 106517 Date: Jan 3, 2001 Project: Millers/Gilead Gardens Well Depth: 76 feet Test By: Bruce Lewis Ref. Point: Top of Case Test Setup: Aqua Tee Systems Case above Grd.: 1 ft. Time Interval Probe Depth Change Flow of Day (minutes) (Feet-inches) (feet) (gpm) 12:56 PM 0 46-10 15 Pump on 12:56.5 PM 0.5 49-5 2.58 15 12:57 PM 1 51 -10 2.42 15 12:58 PM 2 52-8 0.83 15 12:59 PM 3 54-3 1.58 15 01:00 PM 4 54-6 0.25 15 01:01 PM 5 54-6 0.00 15 01:02 PM 6 54-6 0.00 15 01:03 PM 7 54-7 0.08 15 01:04 PM 8 54-8 0.08 15 01:05 PM 9 missed 15 01:06PM 10 54 -11 0.17 15 01 :11 PM 15 55 -1 0.17 15 01:16 PM 20 55-2 0.08 15 01:21 PM 25 55-4 0.17 15 01:26 PM 30 55-6 0.17 15 01:36 PM 40 55-7.5 0.12 15 01:46 PM 50 55-9 0.12 15 01:56 PM 60 55-11 0.17 15 02:11 PM 75 56-0 0.08 15 02:26PM 90 56-2 0.17 15 02:41 PM 105 56-3 0.08 15 02:56 PM 120 56-5 0.17 15 03:26 PM 150 56-8 0.25 15 03:56PM 180 57-0 0.33 15 04:26 PM 210 57-4 0.33 15 04:56 PM 240 57-7 0.25 15 05:56 PM 300 57-9 0.17 15 06:56 PM 360 58-0 0.33 15 07:56 PM 420 58-1.25 0.10 15 08:56PM 480 58-2 0.06 15 09:56 PM 540 58-4 0.17 15 12:56AM 720 58-9 0.42 15 03:56AM 900 58 -11 0.17 15 06:56AM 1080 59-1.5 0.21 15 09:56AM 1260 59-3.5 0.17 15 12:56 PM 1440 59-4.5 0.08 15 Pump Off 12:56.5 PM 0.5 55-0 4.38 0 12:57 PM 1 51 -1.5 3.88 0 12:58 PM 2 48-1 3.04 0 12:59 PM 3 47-0 1.08 0 01:00 PM 4 47-0 0.00 0 01:01 PM 5 47-0 0.00 0 01:02PM 6 47-0 0.00 0 01:03 PM 7 47 -0 0.00 0 01:04 PM 8 47-0 0.00 0 01:05 PM 9 46-11.5 0.04 0 01:06 PM 10 46 -11.5 0.00 0 01:11 PM 15 46 -11 0.04 0 01:16 PM 20 46 -11 0.00 0 01:21 PM 25 46-11 0.00 0 01:26 PM 30 46 -11 0.00 0 01:36 PM 40 46-11 0.00 0 01:46 PM 50 46-11 0.00 0 01:56 PM 60 46 -11 0.00 0 End Test DATE COLLECTED DA TE RECEIVED DATE COM'l.£T"l"I Ol /0,'.i/Ol 01/04/0J 01/1?., CUSTOMER ADDRESS L. L WI S /M 1 L L. E f~ l 577 CCl HD .:,y~ l~E.WCt\::;n E. CO DEALER ADDRESS (-\Ql.J(~ T EC ~~y~;TEMS. .IIK. P.O. BOX 4B8 GLENWCDD SPRING. CO 81602- JU: !"Ill LLR WEI l. ~NATIONAL TESTINtJ i.AllOllATl111/ES LTD. ~ 6'555 Wt/son Miis Road Cleveland, OH44!48 (440) 449-2525 DRINKING WATER ANALYSIS RESULTS NO'fE: "*" The r1Cl (l"la:,.i111um Cuntamine.r.t L •~v•"J I Cff .·~ri e,,;t,c,bl ished guideli.1\e h<.;·:s been EJ)<Ceeded tor tl1i's conL.,min.::i.nt . .. ;f:~ ... Bacteria results may be invalid due to lack of collection intorm.;,tion or because the sample ha·:s exceeded the 50 .. ·hout holding t:i.rne. "iiU" Tt·ii.s contaminant ~"as not dE.itected 2d: or· ,;ibove our stated "NBS" "p" "EP" "NA" detect.ion level .. No bacteria ";ubrnitt.ecl. = PHESENC[ = E. COLI PRESENCE Not Ana1yzed Analysis Performed Total coli lonn inorganic chemicals Aluminum At·senic Bari um Cadmi uu1 Cht"omiu111 Copper I l"On LeacJ Mang.:.<nese Me t"CU l"Y Nickel Selenium Silver Sodium l:i nc "NBH" r~o Bacteria HequirecL "A" ABSENC:E "EA" :: E. COLI ABSENCE : MCL De t. :(mg/:t): Leve] 0.2 0 .. 05 0 oos 0. l 1. 3 0 .. 3 0 .. OJS 0.05 0.002 0. l 0.05 0. l 5 p 0. J. 0.020 0. :30 0 .. 002 0.010 0.004 0.020 0.002 0.004 0.001 0.02 0.020 0.002 1 . 0 0. 00·1 .... ~··---~~-A-• Level OetE3Ct.ed P CA t~D ND ND l~D ND l~D ND ND ND ND ND ND ND 110 ND Inorganic chemicals other. and physical factors: Alkalinity lTotal as CaC031 ChloridE~ F) uor ide N:i trate a"' N Nitt'ite as N Sultat.e Hardness (suggested lin1i t " 100) pH (Standard Units) Tot.al Dissolved Solids Turbidity (Turbidity Units) 250 4 1 () l 250 6 .. S 8 .. S 500 1. 0 Organic chemicals trihal.ornethanes; Brornofot"m (). 080 B romodich lo l"ome thane 0.080 Cll lo 1·0 to f"ffl 0.0BO Dibromochloromethane O .. OBO Tot.i'd THM;:. o .. ono " ..... 20 5.0 0.5 0.5 0.5 5.0 ro 20 0. l 0.004 0.002 o. oo;< 0.004 0. 002' ···-.. ' 480 17 rm 1 ' j r~D 78 310* 7.4 600'' ND l~U I~[) ND ND t~D DATE CX>L.LECTEO I DATE RECEIVED I DATE CCM'LETED I SAMPLE COOE 01/03/0J I 01/04/0ll 01112 26190 CUSTOMER ADDRESS l.. E. W 1 S ./MIL l. ER l 577 CO HD .3Y) lffWU1Sl LE. CO DEALER ADDRESS AQUA TEC SYSTEMS. INC. P.U. BOX 488 GLENWOOD SPRING. CO 81602- IL>: MILL.ER Wfl.l. ,,2 NATIONAi. TESTIN(J I.Al/ORATORIES LTP. /J 8555 Wilson Mllls Road Cleveland, OH4414S (440) 44.9-.25.25 DRINKING WATER ANALYSIS RESULTS NOTE: "*'" T/1e MCL (l'ia><i111um Cont.,.mi.nant I t:!veJ I 01· ,,u .. , e~';t:..01bUs/1t"d guided i11e has been e)<Ceeded tor tl1is cont.ami nant .. "*+· Bacteria results may be invalid due t.o lack of collection in1·ormation or· because the sample ha·c. exceeded the 30··-~1ocH holding tirne. "NU" This contaminant. L"c1s not dfJtected at 01· ..;;bove our ,;;L~t:.c:;d detect:i on level .. "NB~:J" "p" "EP" "NA" No bacteria submitted. = PHESENCE E. COLI PRESENCE Not Analyzed Analysis Performed ToL::.l coli ~on11 lnor9anic cherni.cals Aluminum ?-H·senic !3.:u·ium Cadmium Chrorniu111 Copper I r·o n Lead Manganese Mercur·y Nickel Selenium Silver Sodium Z:i nc ..tWH" ''CJ Bact.eri.a Hequired. "A" ABSENCE .. EA" E. COLI ABSU~CE : MCL : Det. Level : (mg/ J J: Lev~d De t~9C: t.ed p P LA 0. '2 0.). t,0 0.05 0.020 ND 2 () ,,30 ND 0.005 0.002. ND 0' 1 0.010 ND l. 3 0.004 l~D 0.3 0.020 ND O,OJS 0 .. 002 ND 0.05 0.004 ND 0.002 0.001 l~D 0. l 0,02 ND 0,05 0.020 ND 0. l 0.002 l~D J . 0 -11 () 5 0. 00·1 ND Inorganic chemicals · other· and physic;;d factors: Alkalinity (Total as CaC031 Chlo1·ide f') uoride N:it.rate as N Nitrite as N Sulfate Hardness (suggested limit - pH (Standard Units) Total Dissolved Solids Turbidity (Turbidity Units) 250 4 1 () l 250 100) 6 .. 5 8 .. ':) 500 1 .0 ... ""-" ·--" ·-... ·-'""' Organic chemicals -t.rillalomethanes: Bromotor-111 0.080 8 romodich lo 1·ome thane 0.080 Chlo1·otorm 0. 080 Di. brornoch 1 or on1e thane 0.0!30 T CJ t,> 1 THM::. o .. oeo ,_,.,_, ••• _, ,., ••> .,.,,._,_, •M-· "" ~· ··~ ,_. ·-... 20 480 5,0 17 0.5 ND 0.5 .l J 0.5 ND 5.0 7£1 l' () ,310>+- 7.4 20 600 '~ 0' 1 ND "' . ., -· ......... 0.004 I~[) 0.002 ND 0.002 ND 0.004 ND 0.002 t·~[\ , REVISED 7129199 Cr ~ract #010322GGHA(a) M. ID# 3101 371 Date Activated: 3/22/01 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE Name of Applicant: Gilead Gardens Homeowners Association, LTD. Quantity of Water in Acre Feet: _9;:;_:;•...:8:..::2=--------------------------- Applicant. hereby applies to the West Divide Water Conservancy District. apolitical subdivision of the State of Colorado.· organized pursuant to and existing by virtue of C.R.S. 1973. §37-45-101. et seq .. (hereinafter referred to as the "District") for an allotment contract/lease to beneficially ana perpetually use water or water rights owned. leased. or hereafter acquired by the District. Sy execution of ttlls contract/1ease and the attached application. Applicant hereby agrees to the following tenns and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water. 'Nhich w1 ll be supplemented and augmented by water leased herein. If Applicant intends to divert through a well. it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the a11DU11t set forth abOve shall be diverted at .ll.pplicant's point of diversion from the District's direct flow water rights. and W'len water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority. the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controi led by the District. It is understood that any quantity allotted .from direct flow. storage or otherwise. to the Applicant by the District wi l1 be I imi ted by the priority of the Oistrict · s decrees and by the physica I and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully COlll!>lies with all of the terms and conditions of this contract/lease. The District and the Applicant recognize that some of the Oistrict·s decrees may be in the name of the Colorado River Water Conservation District. and the ability of the District to al lot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Apphcant determines it requires less water than the aioount herein provided. Applicant may so notify the District in writing. and the aoount of water allotted under this contract/lease shall be reduced permanently in . accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Ilse and Location of Beneficial 1Jse: Any and all water allotted Applicant by the District shall be used for the followir19 beneficial use or uses: munic1pai. domestic and related uses. or conmercial <except to the extent that Ruedi Reservoir water may not be avallable for conmerc!al as that tennis defined on Page 5 of Contract No. 2-07- 70-W0547 between the United States and the West Divide Water Conservancy District>. Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned. leased. operated. or under Applicant's control. 4. Qecrees and Qelivery: Exchange releases made by the Distr1ct out of storage from Ruedi Reservoir and Green Mountain Reservoir. or other W>rks or faC'ilities of the District. or from other sources available to the District. shall be delivered to the Applicant at the outlet W>rlcs of said storage facilities or at the decreed point of diversion for said other sources. and release or delivery of water at sueh outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the-District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to 1 District shall be subject to the cOflh:icts. laws. rules. and regulations governir---eleases therefrom. Furthermre. the District hereby expressly reserves t ight to store water and to make exchange r .;es from structures that may be built or controlled by the Distr1ct in the future. so 1009 as the water service to the Applicant pursuant to this agreement. is not i~aired by ~aid action. MY Quantity of the Applicant's allocation not delivered to or used by Appllcant by the end of each water year <October 1). shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the aRDunt of water available in priority at the original point of diversion of the District's applicable water right. and neither the District. nor those entitled to utilize the District's decrees. may call on any greater all()unt at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point. and such estimate shall be deducted from this anount in each case. S. Alternate Point of Oiversion and Plan of Augmentation: Decrees for altemate points of diversion of the District's water rights or storage water fllitY be required in order for Applicant to use the water service cont~lated hereunder. Obtaining such decree is the exclusive respansibility of Applicant. The District reserves the right to review and approve any conditions -Mlich lllilY be attached to judicial approval of said alternate point of diversion as con~lated or necessary to serve Applicant·s facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights cont~lated herein. and further agrees to indellnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actuaily transferred to the Applicant's point of diversion. the Applicant shall make annual payments to the District based upon the a100unt of water allotted under this contract/lease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Appllcant hereunder. the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its OW'I augmentation plan to utilize the water allotted hereunder. Applicant shall not be obligated to pay any a11K>U11t under Paragraph 19 below. In any event. the Oistrict shall have the right to approve or disapprove the Applicant·s augmentation plan and the Applicant shall provide the District copies of such plan ancl of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/lease Payment: Non-refundable. one time administrative charge. in the amount detennined by the Board of Directors of the District from time to time. shall be sl.lbmitted with the ~pplication for consideration by the Di str1 ct. Annual payment for the water serv"ice described herein shall be detennined by the Board of Directors of the District. The initial annual paynJmt shall be made in full. with1o thirty <30) days after tl'le date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant. allKlng other things. of the water delivery year to 'Nl'lich the initial payment shall apply and the price i.ilich is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail. return receipt requested. to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract/lease or applica::ion. Water use for any part of a water year shall require payment for the entire water year. Nothi119 herein shall be construed !:OO as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice. Applicant shall at District· s sole option have no further right. title or interest under this contract/lease without further notice. and delivery 2 may be imnediately curtailed. The allotnent of water. as herein 111ade. may be transfPrred. leased. or otherwise disposed of at the discretion of the Board of 0 ors of the District. Upon cancellation of this water allotment contract/lease with the District. the District shall notify the Division of water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation ot all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder. includinq. but not limited to. reinnursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water r1gnts. a. AssiQnment. This contract/lease shall inure to the benefit of the heirs. successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to. and must c~ly 'Nlth. sudl requirements as the District fllilY hereafter adopt regardinq assigment of contract/lease rights and the ass~tion ot contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion •)f Aoplicant·s property from apply109 to the District for individual and separate allotment contracts/leases. No assignment shall be recognized by :he District except upon c~Jetion and filinq of proper fonns for change Jf ownership. Upon the sale of the real property to whidl this contract/lease pertains .. °'Pplicant has a duty to make buyer ~ware of this contract/lease and proper fonns for change of rn.riership must be conpleted. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado: by the rules and regulations of the Board of Directors of the District: and all amenanents thereof and supplements thereto and by all other applicable law. 10. Ooeration and Maintenance Agreement: Applicant shal I enter into an ~cperation and Maintenance Agreement· with the District under terns and con<Utions detenn'med by the boaNl of Dtrectors of the District. if and when. the Board of said District detennines in its sole discretion that such an agreene1t is reQuired. Said agreement may contain. but shall not be limited to. provisions for additional annual monetary consideration for extension of District delivery services and for additional a<ininistration. Ol)eration. and maintenance costs: or for other costs ::o the District wtrich may arise through services made available to the Applicant. 11. l.hanqe of Ilse: The District reserves the exclusive right to review. reaoprove or disapprove any proposed chaOC}e in use of the water <illotted hereunder. Any use other than that set forth herern or any lease or sale of the water or water rights allotted hereunder without the prior 11ritten approval' of the Jistnct 3hal l be deemed to be a material breach of this contract1lease. '!.2. \Jse ancl ?1ace 0f \Jse: Applicant agrees to use the ·11ai:.er in ':.he manner mo :n the property described in the docurents submitted to the District at the time this contract/lease is executed. or in any Joeration and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of ::he water or water rignts herein. other tl'!an as permitted tn para9rapn 8 above. shail be <leerned to be a material breach of :."tis agreement. 13. Title: it is understood and agreed t:hat nothlng herein shall be interpreted to gwe the Applicant any ~aUltable er legal fee title interest in or to any •riater or water rights referred to !'lerein. 14. Conservatlon: Appllcant shal I use COlllll)nly accepted conservation prac:;ces with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not ~xceed the Contract/Lease aoount:. 'lfl'lich provides water (on the fol'11l.lla of one acre foot per dwelling> for ordinary household purposes inside one sfogle family 3 dwelling. the watering of domestic ' ~tock. fire protection. and the irrigatio• up to 6.000 SQuare feet of lawn anc garoen. Applicant shal I also c~l.Y with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant·s domestic animals not to be used for co11111ercial purposes unless /\ppl icant obtains approval from the Colorado Oi vi s10n of Water Resources for COl!llercia l use/livestock watering at a horse boarding facility. provided that in no event shall actual diversions exceed the amount of ....ater provided by this Contract/Lease. Violation of this paragraph l5 shall be deemed to be a material breach of this Contract/lease. 16. Well Permit: If Applicant intends to divert through a well. then Applicant must provide to District a copy of Applicant"s valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide. at its own expense. a totalizing flow meter with reioote readout to continoously and accurately measure at all times all water diverted pursuant to the terms of Applicant"s water right and the tenns of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District uoon District·s reQuest. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant"s diversion of water by the State of Colorado Division of Water Resources. By signing this contract. Applicant hereby specifically al lc1t1s District. through its authorized agent. to enter upon applicant ·s property during ordinary business hours for the purposes of determining applicant·s actual use of water. 18. Representations: By executing this contract/lease. Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained a Jl necessary legal and engineering advice from Applicant· s own sources other than the District. Applicant further acknowledges that the District makes no guarantees. warranties. or assurances whatsoever about the quantity or quality of water available pursuant to this contract/lease. Should the District be unable to provide the water contracted for herein. no damages may be assessed against the District. nor may Applicant obtain a rerund from the District. 19. Costs of Water l.ourt Filing and Augmentation Plan: Should the District. in its own discretion. choose to include Applicant's contract/lease herein in ~ water court filing for alternate point of diversion or plan of augmentation. then Applicant hereby agrees to pay to the District. when assessed. an additional fee representing the District·s actual and reasonable costs and fees for Applicant's share of the proceedings. Ai)plicant shall be assessed a pro- rata share of the total cost incurred by the District in preparing. filing and pursuing to decree the water court case. The pro-rata share shall be calculated by dividing such total cost by the number of ccntractees/lessees included in the filirn;i. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's contract/lease in the filing. such additional costs may be charged specifically to Applicant and not Shared on a pro-rata basis by all contractees/lessees. 20. Binding Agreement: This agreement shall not be c~lete nor binding upon the District unless attached hereto is the form entitled "Application and Data Fonn to Lease Water Fron West Divide Water Conservancy District~ fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of thls agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID MELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER. INCLUOillG THE WATER ACQUIRED UNDER THIS CONTRACTJL£ASE. IT iS TllE CONTINUING DUTY OF THE APPLICAN1 TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER Rl~T INCLUDING FILING FOR tATENSIONS OF PERMITS. FILING WELL COMPLETION REPORTS. FILING STATEMENTS OF BENEFICIAL USE. OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 4 22. AREA R. er· 'CTS/LEASES: IF APPLICANT'S WELL OR OTHEr TR RIGHT THAT IS THE SUBJECT OF THIS CONTRACT/LEASE IS LOCATED OUTSIDE "A. A-/>S DESIGNATED BY THE DISTRICT. THEN THIS 1~.AGRAPH APPUES: THE A001ENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPUCANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER ANO MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE rs MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT. THIS CONTRACT/LEASE MAY BE RESCINDED UPON WRiffiN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NE:<T 30 DAYS FOLLOWfNG THE AFFIXING OF SIGNATURES ON THIS CONTRACT/LEASE IN WHICH EVENT All Sl1-IS PAID BY APPLICANT FOR THIS CONTRACT/LEASE SHALL BE Ilt1EOIATELY REFUNDED TO APPLICANT. Applicant: STATE OF COLORADO ) SS. COUNTY OF GARFIELD ,/ The foregoing instrunent was actnowledged before me on this pf!~'-day of ;f/A/!cl-tf -~~,-·~ by /} / f ! /.(~ .. /' ----------- ~itness my hand and official seal. , / (r / " /~ .·'.-fi ' ·1 My COl11lli ss ion expires: --"'-/....;;~/ c::......J-1.:..•' ..:...' ·.-:'::...:'.'•_· __ OROCR After a hearing by the Board of Directors of the West Divide ~ater Conservancy Oistrict on the application. it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. :TOI~~ President ATTEST: ---. ~-P./Secretar/ Date -- This contract/lease inciudes and is subject to the tenns and conditions of the following documents -.. nich must accompany this contract/lease: l. Map showing iocation of point of diversion (use map provided) 2. Application and Data Form fully ~leted and signed 3. 5 600 rJOTWELL SPACING STATEMENT l(we) Lloyd H. Bullock and Marilyn T. Bullock state as follows: 1. I (we) own real property described as: 1531 County Road 335 m the SEY.. of the NW Y.., Section 7, Township 6 South, Range 91West,6th P.M. Garfield County, Colorado. Located on our property are the following well(s): Permit No. 88469 A 2. I (we) have been apprised that BBD Trust is the present owner of an adjacent parcel of )and: see attached map and legal description. Desire to drill a new well or to extend the use of an existing well. I(we) also understand that the purpose of such well is set forth in the attached well permit application, and that l(we) have reviewed the application that will be submitted to the State Engineer. 3. The proposed location for the subject well will be less than 600 feet from one or more of my( our) wells. By this statement l(we) are specifically waiving any objection to the issuance of a well permit; for the subject well, as set forth in the referenced application, and would request t'hat permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well wilJ materially affect my (our) well( s) or water right( s). l(we) also specifically waive any right l(we) may have to participate in a hearing before the State Engineer pursuant to Section 37-90-137(2), C.R.S. Dated this_ ...... 6~.~ _£._A._, _day of ?}z;y,',t ) 2001. OFFICE OF THE 'ATE ENGINEER F?.!J1J No. ~S-25 COLORADO DIVl~10N OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBER _0_5_6_2_1_7 __ -_F __ - APPLICANT DIV. 5 WD45 GILEAD GARDENS HOMEOWNERS ASSOCIATION 1577 CR 335 NEW CASTLE. CO 81647- (970) 876-2205 CHANGE/EXPANSION OF USE OF AN EXJSTING WELL DES, BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1 /4 NW 1 /4 Section 7 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 2002 Ft. from North 3696 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL EXST 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37,..90-137(2) forthe change of use of an existing well (no. 106517, cancelled). appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #010322GGHA(a). 4) The use of ground water from this well is limited to ordinary household purposes inside eig__ht (8) single family dwellings a{ld seven (7) accessoru dweDipq 11gjts the irrigation of not more than 18,000 square feet of gardens and lawns (approximately 1,200 square feeVunit), and the watering of 28 horses/domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as GILEAD GARDENS WELL #1. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 7 .63 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be located not more than 200 feet from the location specified on this permit and not less than 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant (excluding permit no. 88469-A, waiver has been submitted by the well owner). 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTICE: This permit has been approved for a well location of 2,002 feet from the north section line and for the above referenced uses and amounts (as indicated by revised Table 1 submitted on July 26, 2001 ). You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.>J!J 7-31-o{ '"'' r'ROVED JD2 Recei t No. 0478749 By (/ t -"l 1 FXPIRATIOl\I nATI= l l 1 l .'l L le t. r ~ r i .. Donald K. Goldman 0530 335 Road day of New Castle, CO 81&47 May County or Garfield and Stateorl'oloratlo.oith• hrot part. and Milton Warren McPherson whn•e le11:al add re•• is 0340 County Road 233 Rifle, CO 81650 of the County of Garfield and !'=tale or Colorado,.,fthe se<:ond part: WITNESSETH, That the said party oft he first part, for and in eonsiderahon of TEN DQLLARS AND OTlfE'R GOOD ANn VAl.ij/.BLE C.ONSlDERATIO~--------------DOLLAltS to the sa10 par1¥ ollneTirst part iii"liand"j>a1iniy •affi parry oT~lle second part, the rtteipt whereof;, hereby eon fessed and aeknowled,..ed. has 11:ranted, bar11:ained, sold and conveyed. and t.y these presents do es . ii llirant. bar11:ain, sell, convey and confirm, unto the o;o:id part y of the oecond part. hi9ieirs and a"sill,'tlo for· · ,, 1 \ ever, all the followinR' described lot or parcel orland, situate, lyin11: and beinll,' in the ! i County of Garfie 1 d and State orr.olnrado, to wit: 1 '! 111 Description set !orth in Exhibit.A attached hereto and incot'lJorated herein by r.eference hereto. II Together with any a·~ all minerals or mineral rights owned by graotor (! ii p in, on or under the above described property. ..:!(;, I Together with, titlt! to which is not warranted, atlOO of grantor's interest in water a3d water right! and ditch and ditch rights out of Divide Creek in Ward and Reynolds D;'.tch priority Nos. 32.il04 and 166-0 with decree dates of 1888,1933 and 1969; and of Goldman Ditch. Pump and .j II ,I 11 ll 11 ii 'I II \1 'I 11 'I I: I' ;I 'I I ,\ !\ il 1! Ji Ii l\ i "' :.1 ~ ... I I ,.: 11 11 I ii PiQeline adjudicated in Civil ActiQn No. ~-2759 with decree date of · 1975; all subject to th~t certain ·1ater agreement dated April 6 1 1979, recorded in the office of Garfield County Colorado Clerk and Recorder ir~ 'ii Book 525 at Page 906, and all sub~ect to that certain water &1Ereeaent c, between the parties hereto of eve:il. date herewith. ..,. 1[ also known a• street Rnd number I TOGETHER with all and singular the hered\tament• and appurtC?!lances thereto belonging, oT In an)'Wil!e apper- taining, and the reversion and reYer•lon•, remainder and ren1aindera, renb, l19uei and profit• thereof, and all the I estate. ri11:ht, title, lnter.,•t, claim and demand whalBoever .. r the aaid part Y of the 11rat. paT\, either In law or ' equity, of, in and to the above bar11:alned premises, with the heredltaments and appurtenancea. TO HAVE ANP ro HOLD the a"id premiH• above bar.rained all:I described with the appul!'tenaneea, unto the I uid party of th\Hfond part, his heirs and aaalll,'n• forever. Anrl the aald part y , of the nrat part, 1 for himoetf/and heira, uecutor11, and adminiatratora, do es covenant. 11rant. bar11aln, and a..,.. to and I with the said part Y of the seeond part. his heirs and aaaiK11a, that at the time otthe enffalln1 and deliver)' i of thl'le pre•enta, they are well seized of the premise• above conveyed, asof RQOd, aure, perfect, abaolute and ! indefeuible estate of inheritance, In law, in fee •hnple, and ha 8 11,'00d ri11:ht, f\111 power and authority to 11:rant, har11:ain. sell and convey the same in manner and form as aforeaai1l, and that t:.e same are fr11e and clear I\ from all former and other 11:rant•, barR11ins, aales, liens, taxea, aueaamenta and encumbrance• of whatever kind 11f j I nature,.oever. Subject to easements or rights of way for existing powe!: 11 transmission lines across said parcel., any easements or rights of way of ii recoTd, taxes for 1979 and subsequent years, prior mineral reservations I' or leases of record, governmental laws, rules, or regulations, patent i reservations, restrictions of record, if any, easements for irrigation !; ditches in place and in use. \i and the above bar11:ai1>"'1 premises in the quiet and peaceable posseosion of the Hid part y of the second part, : his heirs and asoi11:n• a11:ainot all and every person or penono lawf111ly rlaimin11:ortoclalm the whole or any part j thereof. tile said part y t1fthe first part shall and ,..111 WARRANT AND FOREVER DEFEND. i IN WITNESSWHEREOF.theoaidp'Art y ofthefinotpartha . h~•• .. rod I and~eal thedayandyearfir•tal.ovewritten. 1 .z::= • ~<SEA!.> II -----·------------------_:.~~fu~:;~~;;~t;~y~_:_,:::tL) I! ,~tLll-:t{_~·/5~~~ :: STATF.:::::t:R::~IE:.-T::.-----··---------isEAL> !J The rore~i0 nl!' in•trument wao a•knowledired bt>fore me th'" 8th da~ of May '· Hi79 .hyltussell George, Attorney in fact for Donald K. Goldman. ~ly .. ommi••iun "'Pi rt•• April 2 5 . 19 82 . Witne .. my hand nnd offidal ... 8 1, \. EXHIBIT A "A parcel of land situated in the ~ Section 7, Township 6 South, Range 91 West ef the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follow1;: Conunencing at an iron post and brass cap properly marked and found in place for the North Quarter Corner of said Section 7, thence s. 23•45•31• w. 4260.79 feet to a point on the North . right-of-way of County Road No. 335, the True Point of Beginning (whence the East Quarter Corner of said Section 7, a rock properly marked and found in p1ace, hears N. 72•46'06• E. 4527.04 feet)J thence N. 04•39•24• w. 1729.24 feet to a point on the South Bank of the Colorado River; thence N. 6B•16'1S• E. along said South Bank 181;45 feet; thence N. 29•39•1s• E. along said South Bank 237.79 feet: thence N. &2•16 1 55• B. along said South Bank 316.65" feet to the East line extended of Government Lot S, said Secti\l:l ..... i',,, 7; thence leaving said South B~.nk S. 00•1&•19• E. along said ·:\•,:(,\' ft East line of Lot S, and bounded on the East by property described ;,~;~5 .. ' in Deed Book SOB, Page 119, 293.77 feet to a rebar and cap>\ ;:'.:~:,~~(·, on the South Government Meander Line along the Colorado Ri~_:erJ•L,'..';. ·?i':f"'·v thence leaving said East line of Lot 5 N. 69• 33' 37" B. alorig :'.'i';~:i~~\f;;~,;. " said South Meander Line, and bounded on the North by propetty • • J~i,;. ):;:.\· described in Deed Book 508, Page 119, 64.08 feet. to a rebar an4~'.;.,~~,;;;y~ ·2 cap on the North line of the South Js of Government. .Lot 6, sai4 ,,.·~~',;.';,,,,,i , Section 7; thence N. 88• 35' 13" E. along said North line. of the 'N,'·'.1;;J<•'c:p, South ~ of· Lot 6 and more or less along a fence al!S,coiistructed:~:L'~'"\:;:: and in place. and bounded on the North by property'c'Jeacribed /;::i":· '/!· in Deed Book SOB, Page 119, 829. 79 feet to a rebar and cap on:,':: 7 ··:Ji the North right-of-way of County Road No. 3351 thence leaving· said North line of the South Is of Lot 6. s. 37•23•51• w. along · , said North right-of-way 279.62 feet; thence along saidNorth right~ of-way along a curve to the left, having a central angle of ' , , 14• 26' 08" and radius of 1024. 28 feet, a distance of 258.07 ;.feats thence along said North right-of-way along a curve to 'the.~iiqht, having a central angle of 20•20•12• and radius of 602.70 feet.,. a distance of 213. 92 feetr thence along said North right-of-way along , ... ·· a curve to the left, .having a central angle of OB•3&'18" and '' ·' .· radius of 1590.42 feet, a distance of238.86 feet1 thence s. 34•41•40• · w. along.said North right-of-way 1320.13 feet to the True Point of · Beginningr containing 32.3066 acres more or less. Subject to any easements or rights-of-way for exist.lug power. transmission lines across above described parcel. ,/ AGRE::-MENT ... ., ,1'H.!S AGREEMENT made and entered into t:1is 6 # day of !t&'t'di, 1979, by and between VALLEY FARMS, INC. of Silt, Colorado, hereinafter called "Valley Farms" and DON GOLDMAi~. New Cast] e, Colorado, hereinafter called ··~oldman", WITNESSETH: WHEREAS, the parties hereto have constructed a water structure system for the use of diverting water for agricultural purposes from the Colorado River at a point near the South bank of said river Southeast of Silt, Colorado, in proximity to properties owned by said parties; and ; WHEREAS, original jwas performed at the mutual !Goldman; and construction on said structure expense of Valley Farms .:td "~,- i I WHEREAS, the purpose of such structure is to provide supplemental irrigation water for farms owned by : 1 valley Farms and Goldman; and ,.,, 'i ii \..'HEREAS, said system rec:uires continuing maintenance .. ,.. qand operation, the costs of which must be borne by the .... \!owners thereof; and i\ WHEREAS, Valley Farms or Goldman may from time 1'c>.,.. ;'time sell portions of said farms and thereby convey fractional .interests in said structure or the water rights owned by 'eacb relating thereto; and WHEREAS, Valley Farms transports its water through said system pursuant to a decree obtained by it in which Goldman has no interest; and . WHEREAS, Goldman transports his water through said .system pursuant to a decree obtained by hi:n in which Valley · Farms has no interest; and WHEREAS, said decrees anticipate perpetual use and operation of said structure; and WHEREAS, a continuing agreement is necessary to equitably provide for payment of costs of operation and maintenance of such structure by all users thereof; and WHEREAS, the capacity of said structure is estimated as follows: a) 4CFS to Valley Farms carried t~rough its separate 12 inch pipeline and pump, b) 3CFS to Goldman's farm known as the Raley farm through a 16 inch pipe by use of WLR 3CFS pump, c) 4CFS to Goldman's farm known as the Montover farm through the same 16 inch pipe as in b) inunedi&tely ~bove by use of Johnston 4CFS 75 HP pump. I i1 :i NOW THEREFORE, in consideration of the mutual :jobligations, promises, and covenants hereof, the parties j 1hereto hereby agree as follows: If 1. The parties hereto are each deemed to own % of .lthe above described total bar.ic water structure including ]jsupply ditch, headgate, tailgete, pumphouse, hydrrscreens :i and all other features not including pumps and pipelin<'s. 11 !I 2. The parties 1i0i.ll cooperate with each other at ! all times in all matters necessary to promote the proper I functioning of the above irrigation structure in such manner as to provide to the farms irrigated thereunder the maximum \ irrigation water possible so as to appropriately abide by 1 and protect the water rights referred to above. I 3. Maintenance and repairs to the above total basic structure shall be borne equally by the parties hereto. 4. Valley Farms shall solely own and be solely responsible for the cost, operation and maintenance of its · pipeline and pump utilizing said structure. . 5. Goldman shall solely own and be solely responsible for the cost, operation and uaintenance of its pipeline a:i.d pump utilizing said structure . , , 6. Any party hereto who elects not to share in i costs, necessary repairs, maintenance, replacement and the i like necessary to maintain said structure or system shall Jnot receive water therefrom. At such time as said electing : party chooses to receive water from the system he may do so : upon reimbursing to the other user or users the full cost of ! his shat.'!? of such :o:epairs or the like together with legal • 1 interest retroactive to the repair date. 7. The parties hereto and their assigns may retain and adequately compensate a person or persons of ·their majority choice to administer the water, the supply ditch, headgate, tailgate, hydroscreens, the pumping plant and other appurtenances all as referred to hereinabove. 8. Nothing in this agreement shall by itself be construed as a transfer of any water right or appropriation of waters as heretofore acquired and owned b; Goldman or Valley Fanns. Each party hereto agrees not to interfere at ··any time with the proper use by any other party hereto of its interest tn said structure and shall indemnify and save harmless all other parties and users from any loss or damage to said structure or any property of each other party or from injuries to persons all caused by any acts of said party. 9. All parties hereto and users hereunder shall at all times have free ingress to and egreRs from all facilities and structures relating to the hereinabove water strut~ture. 10. The term hereof shall be perpetual. 11. This agreement shall be binding upon the heirs, assigns, successors or legal representatives of the parti.•~s hereto. Either party shall give actual notice to the other of any assignment of an interest hereunder. Assignments shall be without recourse to the assignor. 12. This agreement constitutes the entire agreement ' between the parties. 13. This agreement may be amended in writing at any time by agreement of all parties hereto and their heirs. assigns, or successors. IN WITNESS WHEREOF, the parties hereto hereby affix their signatures. DATED this r day of U~ • 1979. BOUNDAfIES UNLIMITfn INC. March 6, 2003 David and Renee Miller 1577 County Road 335 New Castle, CO 81647 Re: Gilead Gardens -Individual Sewage Disposal Systems BU File# 2001.01 Dear David & Renee: Per your request, the soils and site conditions at the proposed Gilead Gardens were evaluated for the potential use oflndividual Sewage Disposal Systems (ISDS). The proposed 9 lot development is located along the south side of the Colorado River between Silt and New Castle, approximately 3.5 miles west along Colorado River Road (CR 335) of the I-70 New Castle Interchange. Information and data used for this evaluation includes the Preliminary Plan, Preliminary Geotechnical Study prepared by HP Geotech, field percolation tests, and two existing individual sewage disposal permits filed with Garfield County. The nine lots range from 2 to 7 acres in size. Two of the proposed nine lots are currently occupied with a single-family residence. Each ISDS servicing their respective residence appear to be functional to date with no reported problems. The remaining seven proposed home sites would be placed on the gently sloping irrigated pastureland overlooking the Colorado River. The pastureland is irrigated with three paralleling ditch laterals. There are presently no lakes or perennial streams on the property. The Geotechnical Study indicates that the soil conditions of the upper lots along CR 335 consist of 17 to 26 feet of sandy clay and silt with gravel. The soils of the lower three lots are comprised of 1 to 7 feet of stiff clays underlain with slightly silty sandy gravel, cobbles and boulders. Neither ground water nor bedrock was encountered in any of the boring test holes. I conducted percolation tests throughout the site on March 2001. The excavation of percolation test holes revealed soil conditions similar to those presented in the geotechnical study. Percolation test results (see attached table) ranged from 16 to 60 minutes/inch in the upper lots along County Road and 9 to 21 minutes/inch on the lower lots. The test hole locations are shown on the preliminary plan. Based on the available information and test results, site conditions are favorable for the installation of conventional ISDS's within the.proposed development. The followin~ conditions are recommended and should be included in the ISDS management plan in t e Protective Covenants: 1. Each ISDS shall be designed by a Colorado registered professional engineer. 2. The home owners association shall review and approve all ISDS designs and modifications prior to construction. 923 Cooper Ave, Ste. 102, Glenwood Springs, CO 8160 I Ph: <970) 945-5252 Fx: (970) 384-2833 3. Each new ISDS for a primary residence shall be designed to accommodate a minimum of (4) bedrooms and each ISDS for an auxiliary dwelling unit shall be designed to accommodate a minimum of (2) bedrooms. 4. All septic tank accesses and risers shall be surface accessible to allow for maintenance, monitoring, and inspections. 5. Monitoring pipes shall be installed at each end of absorption fields or trenches (minimum of two monitoring pipes) to allow for inspections. 6. Absorption fields or trenches shall be a minimum distance of 60 feet from the top edge of the Colorado River Bank (also should be noted on Final Plat). 7. Proper mitigation (diversion) of drainage and flood irrigation for the absorption field or trench areas shall be included in the design and construction. 8. Each new ISDS shall be inspected by a Colorado registered professional engineer (or other qualified individuals specifically trained in the area of operation and maintenance of ISDS) within 30 days of being placed in service and at least bi-annually thereafter. Inspections shall include checking for pipe blockage, excessive buildup of septic tank sludge, absorption field clogging, and other system and site condition problems. Please contact me at 945-5252 with any questions you may have. Bruce D. Lewis, P.E. Project Manager BDL/soe enc. Time 12:55 PM 01:10AM 01:40AM 01:55 AM 02:10 AM (min) 0 15 30 15 15 Pare Hole 1 Inches Pere Rate 3.875 4.125 4.625 4.875 5.125 60.00 60.00 60.00 60.00 PERCOLATION RA TE: 60.00 Time 11:20 AM 11:35 AM 11:50AM 12:05 PM 12:20 PM 12:35 PM (min) 0 15 15 15 15 15 Pere Hole SA Inches Pere Rate 2.875 5.750 7.250 8.250 9.375 10.500 5.22 10.00 15.00 13.33 13.33 PERCOLATION RATE: 13.89 GILEAD GARDENS PERCOLATION TEST March 21, 2001 Pere Pere Pere Hole 2 Hole 3 Hole 4 Inches Pere Rate Inches Pere Rate Inches Pere Rate 8.750 4.875 4.125 10.250 10.00 6.125 12.00 4.250 12.625 12.63 7.750 18.46 4.750 13.250 24.00 8.125 40.00 5.000 14.500 12.00 8.500 40.00 5.250 16.21 32.82 120.00 60.00 60.00 60.00 60.00 Pere Pere Pere Pere Pere Hole SB Hole SB Hole &A Hole 6B Hole 6C Inches Pere Rate Inches Pere Rate Inches Pere Rate Inches Pere Rate Inches Pere Rate 3.000 3.750 2.000 3.125 5.000 4.500 10.00 6.000 6.87 4.375 6.32 6.000 5.22 7.625 5.71 5.625 13.33 6.750 20.00 6.250 8.00 7.000 16.00 9.500 8.00 6.500 17.14 7.500 20.00 8.250 7.50 8.125 13.33 11.125 9.23 7.500 15.00 8.125 24.00 10.125 8.00 9.125 15.00 12.750 9.23 8.375 17.14 8.875 20.00 12.000 8.00 10.250 13.33 14.375 9.23 16.43 21.33 7.83 13.89 9.23 Percolation Test Holes were pre-soaked the evening before by David Miller Percolation Test performed by Bruce D. Lewis, PE This does not constitute a building or use permit. GARFIELD COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH 2014 Blake Avimue Glenwood Sj)l'ings. Colorado 81601 Phone (303) 945·7255 INDIVIDUAL SEWAGE DISPOSAL PERMIT N9 791 Owner __ ~W~a~~~re.::....:n--=M~c~Pn~e~r_s_o~n~-~-~~---~--~-~~-~~~­ Cou n ty Road 335 -New Castle System Location __ :..:...;__...:::. ________________________ _ Licensed.Contractor __ ___.i.tS> ... ~u~J"'--!nu....J>:e~,_------------------- ·,. • Conditional Construction approval is hereby granted for a I 0 0 0 gallon ' ,. . T k A ated 0 t "*' Septic an or ----er treatment um . Absorption area (or dispersal area) computed as follows: Pere rate of one inch in 8 minutes requires a minimum of 13 £"' sq. ft. of absorption area per bedro~m._ Therefore the no. of bedrooms 3 x f-:$ ~sq. ft. minimum requirement= a total of ·~.S-sq. ft. of absorption area. ,;-·,. " ,·,,...,..,/ 1' May we suggest 12 X 5 4-X .ii L)e e p 0-1-/ 8 .X '7 ~ X .:J /) e. e ? Date ·t1h/79 1._.,,.c/#uA~ / J -• ··' . FINAL APPROVAL OF SYSTEM: / No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover· ing any part. · __ ..:_:..:.· ... ·._ .• __ Septic Tank access for Inspection and cleaning within 12" of ground surface or aerated access ports above ground --' ..... surface. ___ ,...;..'.~_: ... ._,._:=-__ Proper materials and ~sembly. ;' ·.~· ~> ... -~~ .::: . :;~· .. ·.--... ~(/; 1·~ () ~ $ ··;. (; /" ---''-·"':...•_.:-_·-__ Trade name of septic tanlC or aerated•treatment unit. ----·· "-;--'-. ;_-· __ Adequate absorption (or dispe.rsal) area. __ _,_ . ....:.·........_ __ Adequate compliance with permit requirements. --'""-··--=-/_.,_.-__ Adequate compliance with County and State regulations/requirements. ----"--.:.'----Other . ·' . ~ Date---'--'---'-_,:.'""···--..:.1_' "·"__.:;.•::...' -----------Inspector-:.,·.-,._,....:.· .... ·-·-'-' -,!.'i-"··,;...;;:_.''_· _·..;.1 ··.,..f.' ,--'· ·...l:~~· :...::.·:..-...::"'-'··.""' .• '-. ....;..o~--=~----.· ...... -..... j ...... · .. - RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CON OITI ONS: 1. All installation must comply with all requirements of the Countv Individual Sewage Disposal Regulations, adopted pursuant to au- thority granted in 66-44-4, CRS 1963, amended 66-3-14, CRS 1963. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a viola- tion of a requirement of the permit and cause for both legal action and revocation of the permit. 3. Section Ill, 3.24 requires any person who constructs, alters. or installs an individual sewage disposal system in a manner which in- volves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I. Petty Offense ($500.00 fine -6 months in jail or both). Building Official -Permit White Copy Applicant -Green Copy Dept. -Pink Copy INDIVIDUAL HOME SEWAGE TREATMENT SYSTEMS Ar~LICATION I tees t"a1a .~ /\ YL _Date }Ov30-J@ Owner: ///~ v-;_1:'..d-fi;/14 e.+~o /V .fail Address: INFORMATION REGARDING PROJECT SUBMITTED FOR REVIEW Attach separate sheets or report showing'entire area with respect to surrounding areas, topography of area, habitable buildings, location Of· potable water wells, soil percola- tion test holes, soil profiles in test holes (see Page 3). 1. Location of Facility: County __ GA_R_FI_E_L_D ____ Cit,y or Town &cvC!f. s~ .lega 1 Description __ C=-"'c;~t /?'--L-.-=<f'--_ _.s ____ l=--~;:;_-___ Lot Size __ s_S-__ ~-=-c_¥'"-_~_·..;;;;.s_· 2. No. of Bedrooms ~ 3. Source of Domestic Water: Septic Tank. Capacity ~{.Aeration Unit Capacity /olzd Pub 1 i c (name) : Private: Well . y Depth Other Depth to 1st ground wat~r table ~~r"--~ --~-----~--- 4. Is facility within boundaries of a city/town or sanitation district? ~ (:) ----~·----------- 5. Distance to nearest sewer system: ;<t!<2 V ef ..r . d • • 7 Have you attempte to arrange a connection w1th the system? --~------------------~ If rejected, what was the reason? ~--------------------~--------------------~ 6. If R.P.E .. tested, state rate of absorption in test holes shown on the location map, in minutes per inch of drop in water level after holes have been soaked for 24 hours: 7. Name, address, and telephone of R.P.E. who made soil absorption tests: 8. Name, address, and telephone of R;.P.E. responsible for desi_gn of the system: 9. Express pennission is hereby granted for the i~spection of the above property.by any meni>er of the Garfield County Building & Sanitation Department and/or such persons as they may designate. Any withdrawal of this pennission shall be in writing and receipt acknowledged by the County Building & Sanitation Department. 10. I have been given an opportunity to read the Individual Sewage Disposal Systems Regula- tions of Garfield County and I hereby agree to comply with all terms, conditions and requirements included therein. ·-Date ~ · --· ·-----···-· . GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109. 8th Street Suite 303 Glenwood Springs, Colorado 81801 INDlVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY . owner's Narne David Ee Renee Hiller Phone (303) 945-8212 Permff 2652 Assessor's Parcel No. This does not constitute a building or use permit. Phone _____ ¥_·_··--PresentAddress 1577 CR 335, N.C • County Road 335, New Castle System Location-----------------~------------------------- Legal Description of Assessor's Parcel No.---------------------------------- SYSTEM DESIGN 7_,L:-1 /»'l·.tfi'I \ /_, ... ;,L ....... fl. ___ Septi~ Tank Capacity (gallon) ______ Other 1 · 11 • r c-/YI~ I A~t..C•, •. .I"'\ ..; J Percolation Rate (mlnutea/inch) Number of Bedrooms (or other) ----- Required Absorption Area -See Attached Special Setback Requirements: /) t*"" -:-? r_· Jj ·() I ,,.-r· ,-. ,: . ?,' L Date_C/,,__-_~'---.:·_. _-__,_(_-r-'--·---Inspector _ _,.t£,.;=~....,"~,..,f'-· _U~' ·_'1._.-"~-~'-· =·-~~{--"" f._' __ 1_,.(l.._...~~'-·_,_f-...,.=~'::::(1--~_· _ __,,L!_ _ ___,:;./=----- FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System Installer Q.A..-1 1·""Yl..o-y • Septic Tank Capacity_...::~.,_.6._.(l"",._r.::.._,·_· __ -.C._._.-....._;n-..__ ________________________ _ r ,~ /J Septic Tank Manutacturer or Trade Name -~'~c-,'-:t";Q~--"".'.""a=V1'l__..~r_,_! -----------------------~. septic Tank Access within 8" of surface--.,------------------------------- . dt ~(.-1 'y ''7 I I r~ ,!"; ;;.;._ •r .....,, ,..., Absorption Area _ ___. _ __,z~~--------------_._--------------------- /-PJ · ,., c-,l.{ .• L.. / e , .. r_ H. 4 ..... -= v, ?· . ,,., I ; r. Absorption Area Type and/or Manufacturer or Trade Name --.'---L..:..<' !-=-"'--'---"i-.._,~1..~--'":..:....;=-:...":...:::.-'-''-Hr--<=_:.....=:•-.:.. __ .4-'-r.r.....:::..~.:.....i.c_l.~--' I v I Adequate compliance with County and State regulatlonsfrequiremants_.JC. __________________ _ Other----------------------------------------~ Date //-IC-9 (,, 1 -:hi-,b) f' -•) 0 . Inspector -e/i'.-1,s:._ ~ (3 .. I/ ffu..Jl.../H··...r f' f..a/<& (r7d= 'c . RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE •CONDITIONS: 1. All installation must comply with aD requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County :zoning and building requirements. Con- nection to or use with any dwelling orstrucluras not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs. alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I. Petty Offense ($500.00 fine -6 rnonth!l in jail or both). . White -APPUCANT Yellow-DEPARTMENT ----------------'~----~------L-.'IAG--.P.EZ_~~_'!1" ______ 1--------------- November 15, 1996 5178 COIDltJ ~ 3351 """ca.sdC, CO 81647 970-JBH.943 Subj; Miller Fann.Straw Bale ISDS To Whomever It May Concem, ··· · The Individual Sewage Disposal System at the Mil~ Farm Straw Bale home was iJJspected by myself throughout construct ion and appears to meet all current Garfield County IsDS Regulations. Sincctely, ----- . Russen Talbott PE . ·. \. {?lf!-NJJ --7 n/1\· t', INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICA.Ilt \ pt_/. "-~ V'- / 1»'1cf v vS OWNER Da~d <A a h--d. ~enfl, fv'\i n~r ADDRESS · cP'Wd\~ t:_oc,Cl l.?~ PHONE $Jfo -2( _._ ___ _ CONTRACTOR 0 Wn ec PERMIT REQUEST FOR (~ NEW INSTALLATION ( ) ALTERATION _( ) \tEPAIR Attach separate sheets or report showing entire area with respect to surrolDlding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY: COUNTY__,,b;...;:jo.rfl;..;.;....o .......... c, ..... (J ______ _ Near what City OT Town No. ,1 00Ktl. e Size of Lot 36 g.t€e s Legal Description or Address·-------------------------- WASTES TYPE: </<f DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER-DESCRIBE--------------,..--- BUILDJNG OR SERVICE 1YPE:--=...>:c..:..::.i 141.=.f"l"""'.(__...b ...... e....,J.t...._.,_o...,.o""df\""'----'q~ll.-=f.<.=rrM~::x.=t-t>::;.....;;e. ______ _ Number of Bedrooms'--_.___ ____________ Number of Persons _______ _ ( ) Garbage GrindCT y<S Automatic Washer ( ) Dishwasher SOURCE AND 1YPE OF WATER SUPPLY: j/'f WELL ) SPRING ( ) STREAM OR CREEK Give depth of aD wells within 180 feet of system: __ Jd'L ...... ~------------------- lf supplied by Community Water, give name of suppliJ_ .... IJ."""'/ ..... lt...__ ______________ _ GROUND CQNDIDONS:/ Depth to bedrock: ____________________________ _ Depth to first Ground Water Table---------------~-------- PeTcent GTound S1ope. ______________ =--------------- DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM:__,t;;..,,,· '-"""II'\.-=-=-; ..... I e ..... s..,__ ________ _ Was an effort made to connect to community system? ( ) YES JX> NO 1YPE OF rNDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: ··94 SEPTIC TANK ( ) AERATION PLANT ~-·-1 VAULT ( ) VAULT PRIVY ( ) COMPOSTING TOILET ( ) RECYCLING, POT ABLE USE ( ) PIT PRIVY ( ) INCrNERA TION TOILET ( ) RECYCLING, OTIIER USE ( ) CHEMICAL TOILET ( ) OTHER-DE.SCRIBE _____________ _ FINAL DISPOSAL BY: ~) ABSORPTION TRENCH, BED OR PIT ( ) UNDERGROUND DISPERSAL ( ) ABOVE GROUND DISPERSAL ( ) EVAPOTRANSPIRA TION ( ) SAND FILTER ( ) WASTEWATER POND ( ) OTHER-DESCRIBE. _____________________ _ WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STA TE?___,AJ;.x...0 ____ _ 2 r,; PERCOLA TTON TEST RESULTS: (To be completed by Registered Professional Engineer) Minutes _____ per inch in hole No. I Minutes ______ .... per inch in bole No. 3 Minutes per inch in hole No. 2 Minutes er inch in hole No. __ _ Name, address and telephone of RPE who made soil absorption tests: _______________ _ Name, address and telephone of RPE responsible for design of the system: ______________ _ Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposes of the evaluation of the application; and the issuance of the pennit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under Article 10, Trtle 25, C.R.S. 1973, as amended. The undersigned hereby certifies that an statements made, infonnation and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department ofhealth in evat!lating the same for purposes ofissuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Signed 4F~ 7~ /U(k PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!! 3 . " Z ... I l\-~lC' c~ I e h'e:..~ .. :c JoTIS..!S Sheet No. ~ '2. e.f# ., Co.-Div. .-:;:::--I~· ~1 I ::-Pr;::_ City -Town -...:..i~r::._,=~===:..::..;.__..;_.;;=---- Dept. ------------Date :f· °Z? -'?(p Job No. ------~ --------------------~ ~oject~----------------------------------------~~ 4o ,_ r£. -t:/::.. I ~ I ,~£:.. '1 ~ 010 18~30 37:t:0 f'6:b0 ~0~00 Jo,_t;,.. :ti Z- --r,-"AE- o~·"; D"!> -zo; 3o 3'f; I~ ?1: oo tpo ;oO \1M.F- OP-iO~ l'i ~ 10 3B'.z.5 76;00 (.oo :a::J /zo TJf!'-?rJ 10" qVz." 4 83/A. 8~/e, cJ,,o DE-P,J IO 0 ~ 'lz. I~ 8 17/5 6 -s;4 H-i.o J/e.ni.4 J g3/4 83~ 8Y4 0 t.>'0£. l<,AV"'"E.. 'ffr~~TE- "/ I 37 '\•~· ~fl 11 / "?:>? ~{ '"3, J :;i::; . BS . ""''~ 1 '/ -44 "''"'. 1"'./e. ... ti I I 3-Z...,A.1..J --+?~...,....~ I " /-4 I µ.1J. 1' I .'jo. z. "'' .J I ;r:;.hf / 4 l 11 / .tf·t.o·7 "-•v l,i.v'r:~ _?j .. f'\1" , ,, ; 7z. op.,,~ Co.-Div. .::::::::= 'I " ~ City -Town fr'-~~ _.-r-E_ Dept. -------------- BY~------------- +:=';e:t-D .Uc.~~ S1M!et No. 2it: 3 t:>F ' Date ------- ~oject ___________________________ ~~ 601 t-c.o.~:xo,c=r;~"e:, tN ..,r:;?6~ ~r<.__£. /£cl.. 'I 0 #--.Jd:::Oc:..~. c:::::-1~E.12:E: ~1(1 ST~ NCI c::;,.e:o~c,.1<:!...""<_ .+='~· OiC'.·G-s .-.,..{.A-c- v...)ow L.."'D t...Er..AI':> M~ ""lo 13G't-•E'1E.. ~p...-;-~~ ~\.J'-1::::> "'SE.. .J,......;)~ ~Jt:,s.-A,.:rr-u:i •. i____ \I'~• ~\I.Cl~ t~ ~''-~ASD':V!~~ ~1~~o"IC1M.(ry c.,;::: =re: ~I "::> 1T E. I J .... =..-,,,....,,1..-E'. -A4D~rn:>~l_ ,...-~--''"-,;x,~~~' ~ll-()j~t0..0 (~ 8 i:::-oo-r"" -hDt=1L-f; ifc;._E:. ~~ .J..... t.?N \ F02:'.fA...._ CL~'? '~~ 5 (er. 4' ~' t-C.o;..::JDmot:J~ ~ k1D ~Et::~-°41E.. C~o~J -:5 i....O w) +.~e; .A..~.c....c'?rA "'"°&L-.:E.. . .. . . ' \ \ l Co.-Dnr. City -Town __________ _ Dept.------------- Bv --------------- D••------ Jab No. ------ Proiect --------------------------- --;2e: c..oM.e t:SP~ Z:.r:..c::...,J:-vf\\r..d-J.. -=-36 Jr >< 4 7 f.-r- ~-----.4-"-'1_' --""""' 3::> I IOC)C) Y,.~'-'-0~ "'5 e'.? t \c:_: I ~tJ'¥(_ ---1 Co.-Oiv. City -Town _________ _ Dept.------------ Bv -------~------- ~~\"'lO~ No~~ Sheet No. ____ _ Date _____ _ JobNo. ----- Project------------------------- O'P/"'r O 1'f "'B - :;::::t;z v s e. ~I £"t-"D A-CJ...M"Si&: jZ_e._i;>;:: (o 1 c.o ~ f ~ 0 -z..,) ::::... 8{ Z.. Pr -z.. JI) ,v... ~ ~ 0 F=" c:.J.~~ Sc:.-:::i -=-@4-z Pr"Z-)I 7 '/· '5 FT I c_~!s£ R· ~. = l :J c.h!'(.P,t-Z 5e-&foA.}~b V'5£-'. 7 2o~~ oF B Gf.{,:i..('J...~f=:z_ c/krv'{t:;,E2 ~ =-?o fr I ~I Co~-c -= (515 'j. 1128 CG>@ 4.:r--p, pt!..) *" I j4o :: { l 4 e.Y"'C). C.C.-f ~ )( ~~en.. 'y~ 8 4 L /000 ~c;J(~ f lc...:s-t'":c_. c-~~L J: 7ao c~ (-Pie...~:'-1);~;-r <"'lb~·ON. "-B""f )"" I~ c:.C . . c.c... *Au... /...-T ~¥,~ -z.zz7 - . INDICATE BELOW THE LOCATION OF YOUR BUILDINGS, WATER SUPPLY AND DISTRI- BUTION LINES, STREAMS, IRRIGATION DITCHES, ROADWAYS, AND BOUNDARY LINES Page Three r l } l l i n-~ ri U" ~ ~ u u Li !J ll ll lJ !J LI c " c_ .... 0 "'- 575 N 6~'2,4~6 E :,40B/JI~ 5 7• N 632,~65 E 1,•0 7,235 ------c:O ! I __ / N 633,000 5509.9 517 ,.,. 53:? ,';:'24 E 1,40'>.921 5513.6 ~7b N E!L'.',60/ x 5511.8: t. ,·"·8 1792 ------0 ----~0 ----~ --576 ~~o. ,:;0 5519.0. ' ' ::" .;.11 .:i ,g , : I I! 11 1 1 i . I 1! Tri• .. !I :1 ! ~ : l . i I'. I : I I I I ;.;;,_·'·I ii j I/ii:: i ·-: I! l:f: ! I I I u,: t ~ \ ji SHUT I N 632,000 c-19 -----~-~1-~~:"~ 0 5110 't ~ .l+fL. I • 075.0 I .'--. r 1 Ix ! : I \ ') Zof\e. j_ l.f ., MATCH SHEET c· 21 N 631,000 ---------- 5"17 N 631,122 E 1,410,215 576 N 630,481 E 1,'100,234 MATCH SHEET c -22 -------- ~ ~-- 574 N 629,589 E l,40B,244 ----------1/.I ~ r·j~ --- 0 0 o. .. _ BASIS Of HORllUN114L ........ ···-- COLO lAOO STATE PLANE COORDINATE SYSTl M CEt<TRAL ZONE, LAMBERT CONFORMAL CONIC PROJECTION. THE FOLLOWING !USC B GS ANDIOR USGS) TRIANGULATION STATIONS WERE USED' NAME ORDER COOflOINATES CATHERINE 2nd x' l,516,50B.42 Y' 581,2!>5.78 GNAT 3•d X' 1,231,566.60 y' 523,643.10 BASIS OF VERTICAL CONTROL' use e. GS SEA LEVEL DATUU BASED ON THE FOLLOWING BENCHMARKS • 0 0 D 0 .. NAME ORDER ELEVATIOI'< 6192.284 D·l56 Znd 4869.860 4870.74 PS 2nd 0 D 0 a; D "· LEGEND [:,. HORIZ. CONTROL 0 VERTICAL CONTROL x BENCHMARK •~22 PHOTO CENTER v GRID POINT CROSS SECTION POLE FENCE TREE BRUSH or SCRUB r -I, I I FOUNDATION or RUINS .. -_.,., SECTION LINE + FOLINO SECTION CORNER I UN FOUND -,-SECT ION CORNER ----APPRQ'IC. SECT ION LINE COMPILATION BY PHOTOGRAMM,ETRIC METHODS FROM &" C.F. L .. VERTICAL AERIAL PHOTOGRAPHY TAKEN NOV. 15,16,6 17, 19B2 0 c 0 ai 0 :- THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS PREPARED BY• ANAL Yl 1CAL SURVEYS, INC. 4167 SINTON ROAD COLORADO SPRINGS, CO. 80907 303. 593-0093 SCALE IN FEET 200 0 0 200 400 CONTOUR INTERVAL -2 F([T COLORADO RIVER AND TRIBUTARIES FLOOD PLAIN STUDY DEPARTMENT OF THE ARMY SACRAMENTO Dl51RICT. CORPS OF ENGINEERS 650 CAPITOL J,W.l SACRAMOOO. CAl.lfORHIA 95814-47114 PREPARED FOR GARFIELD a MESA COUNTIES, COLORADO IN COOPERATION WITH COLORADO WATER CONSERVATION BOA.RO OE NVER, COLORADO N 629,vOO C-20 DECEMBER, 1982 JUL 1981 Ii Ii I ., N 0 c c 0 ,., ID z .. N u Ul :i: u .... .. 2 '--~;;) ·-·-0 ~5460 . ··-. .. -~--::-. \ E I ,402,000 •6vl99 569 N 631.294 569 E 1,402 .5•6 N 629,e3o E 11 40,,434 !;'. f. E I ,403,000 570 N 6!1,42t3 c 1,403,167 570 N 62°,266 E 11 403.1.q 7 5 71 N 629,714 1,403,878 !• 5470 5 71 N 631,5~2 E 1,403,667 E 1,4('4,000 . ./ I 512 N 629,a4!1 E 1,404,428 -:· ·----:-.'. '· MATCH SHEET C-22 572 N 631,745 E 1,404 .705 [) 5514.2 ' . , . · ..... o/ .. ·-~ I• • ------... -----. -·----~ E 1,405,000 5490 . . ... · -:--:---+ 54~a.2·-.. 573 N 0 31,953 E 1,405,914 ... 7 :! N 63Q,d77 E 1,406,10~ ( \ I .I .-·· x 54645,. -,· c g .,-.... ID % c c c ..; .... "' z "' 0 -~-----~ .... "' z 0 '" c c c. ;;; "' z BASIS OF HORIZONTAL CONTROL' THE COLOlAOO STATE PLANE COOROINATE SYST! M, CENTRAL ZONE, LAMBERT CONFORMAL CONIC PROJECTION. THE FOLLOWING (USC 8 GS ANO/OR USGS) TRIANGULATION STATIONS WERE USED' NAME ORDER COOROINATES CATHERINE 2nd x' 1,516,508.42 y, 581,255.7B GNAT 3rd x' 1,231,566.60 y' 523,643.10 BASIS OF VERTICAL CONTROL' use 8 GS SEA LEVEL OATUM BASED ON THE FOLLOWING BENCHMARKS ' NAME 0·156 4870.74 PS 6 0 x "-'l? y ORDER 2nd 2nd LEGEND ELEVATION 6192.284 4869.860 HORIZ. CONTROL VERTICAL CONTROL BENCHMARK PHOTO CENTER GRID POINT CROSS SECTION POLE FENCE TREE BRUSH or SCRUB ,. -I, 1 I FOUNDATION ot RUINS .. --.J SECTION LINE + FOUND SECTION CORNER UNFOUND SECTION CORNER -----APPROX. SECTION LINE COMPILATION BY PHOTOGRA;;;METRIC METHODS FROM 5" C.f. L. VERTICAL AERIAL PHOTOGRAPHY TAKEN NOV. 15, 16, 8 17, 1982 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS PREPARED BY' ANALYTICAL SURVEYS, INC. 4167 SINTON ROAO COLORADO SPRINGS, CO. B0907 303. 593-0093 SCALE IN FEET 2(/0_. 0 0 200 CONTOUR INTERVAL - 2 FEET COLORADO RIVER AND TRIBUTARIES FLOOD PLAIN STUDY DEPARTMEITT OF THE ARMY SACRAMENTO DllTRICT, alRPS OF ENGINEERS 650 CIPITOl MAU SACRAMENTO, ClllfORNIA 9581~1!1< PREPARED FOR GARFIELD a MESA COUNTIES, COLORADO IN COOPERATION WITH COLORADO WATER CONSERVATION BOARD OE NVER, COLORADO DECEMBER, 1982 JUL 198"7 1· 1 t 1 ... U'<1UUU E i,407,000 )"' MATCH SHEET C-~I F. 1.406,0C.iO t. 1.405,000 /_-;.~--;.' :.:_; _. v 99.)i ~~~-=·- ,. ·,i5.q49.:j, [j \ lJ lJ i LI II _ _, LI " N I \ lt "' w ::: "' 525 N 627,(':7 7 [ 1,402,680 ii :c u .... .. :E ~- ll 5'.!6 N 6<6,612 E 1,40'l,07b II I • II N I .l ira ll ; ~ ~ I II 5:?8 528 N 62~.234 E 1,403,16E 52e " 625,556 E 1,403,e~o MATCH SHEET C -2 .C -I TOF C-2.2 0 0 o_ 0 .., "' z 0 ·~ u .... .., w :r .I: u ... "' :E 0 D o_ D'> N ., z 0 D o_ "' N ., z D D o_ .... .. "' z BASIS OF HORIZONTAL CONTROL• THE COLO~ADO STATE PLANE COOROiNATE SYSTl M, CENtRAL ZONE, LAMBERT CONFORMAL CONIC PROJECTION. THE FOLLOWING (USC S GS .AND/OR USGS) TRIANGULATION STATIONS WERE USED• NAME OROER COORDINATES CATHERINE 2nd x: 1,516,508.42 y: 581,255.7B GNAT 3•d x: 1,231,566.60 y: 523,64'1.10 BASIS OF VERTICAL CONTROL• USC S GS SEA LEVEL DATUM BASED ON THE FOLLOWING BENCHMARKS • NAME OROER ELEVATION 0·156 2nd 6192.284 4870.74 PS 2nd 4869.860 LEGEND 6 HORIZ. CONTROL 0 VERTICAL CONTROL x BENCHMARK ~~~1 PHOTO CENTER GRID Pon.n CROSS SECTION POLE FENCE TREE BRUSH or SCRUB ,.. -I, I I FOUNDATION O• RUINS SECTION LINE + FOUND SECTION CORNER UNFOUND SECTION CORNER APPROX. SECTION LINE COMPILATION BY PHOTOGRAMMETRIC METHODS FROM 6" C.F.L. VERTICAL AERIAL PHOTOGRAPHY TAKEN NOV. 15,16,S 17, 1982 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS PREPARED BY• ANALYTICAL SURVEYS, INC. 4167 SINTON ROAD COLORADO SPRINGS, CO. 80907 303-593-0093 . SCALE IN FEET 200 0 0 200 400 CONTOUR INTERVAL - 2 FEET COLORADO RIVER AND TRIBUTARIES FLOOD PLAIN STUDY DEPARTMENT OF THE ARMY SACRAMEl!TO Dlm!ICT, Clll!PS OF ENGINEERS 650 C.IJ'ITOL MAU SACRAMENTO, CALIFORNIA 9581~794 PREPARED FOR GARFIELD a MESA COUNTIES, COLOR ADD IN COOPERATION WITH COLOR.t.DO WATER CONSERVATION BOARD DENVER, COLORADO DECEMBER, 1982 JUL 1!18"1 DRAINAGE PLAN FOR GILEAD GARDENS SUBDIVISION BOUNDARIES UNLIMITED JOB NUMBER 2001.03 March 12, 2003 BOUNDARIES UNLIMITED, INC. 923 Cooper Avenue, Suite 102, Glenwood Springs, Colorado 81601 Phone: 970.945.5252 Fax: 970-384-2823 TABLE OF CONTENTS SECTION PAGE INTRODUCTION 1 OFF-SITE BASINS 1 HYDROLOGY 1 DRAINAGE PLAN 2 SUMMARY 3 APPENDIX A: Calculations APPENDIX B: Supplemental Information DRAWINGS: Project Location Map 8 112" x 11" Off site Basin Map 8 112" x 11" Site Grading and Drainage Plan 11" x 17" (reduced) See also: Site Grading and Drainage Plan, bound separately with 24" x 36" drawings -----------------------------------' 1 INTRODUCTION The proposed Gilead Gardens Subdivision is located on County Road 335 approximately 3 miles westerly of the New Castle 1-70 Interchange, which is also approximately 2 miles westerly of Apple Tree Park in Garfield County, Colorado. See the enclosed Project Location Map, Figure 1, for additional information. DRAINAGE BASINS The major drainage basin affecting this site is the Colorado River. The Colorado River runs along a portion of the northerly boundary of the project. Two minor drainage basins also impact the site, both of which lie southerly of County Road 335. These basins are shown on the accompanying Offsite Basin Map, Figure 2. Any drainage flows from these basins must cross the county road prior to entering the site, either through the existing culverts only, or through the existing culverts with additional flows overtopping the road. Culvert sizes and capacity calculations are provided in the appendix. The subdivision itself mainly consists of hay field/pasture area which has historically been flood irrigated by the three ditch laterals which traverse the site. Other than these ditch laterals, there are no defined drainage channels or ravines on the site. Drainage basins within the subdivision are defined by the existing irrigation ditches and will basically remain unchanged except where further subdivided by the proposed roads. MAJOR BASIN The hydrology and resulting floodplain for the Colorado River are as defined in the Corps of Engineers' floodplain study. The floodplain and floodway as determined by the Corps of Engineers are shown on the Offsite Basin Map, Figure 2. HYDROLOGY The hydrologic methods for the minor basins in this study are as outlined in the Soil Conservation Service publication "Procedures for Determining Peak Flows in Colorado" (1980). Peak flows in this area will be primarily rainfall derived since the whole site is well below 8000 feet in elevation. Therefore, the storm drainage system will be more than adequate to handle spring snowmelt runoff. The precipitation amounts for the 10, 25 and 100 year, 24 hour storms were taken from the NOAA Atlas 2, Volume 4, National Weather Bureau (See copy of pertinent pages in Appendix B.). Runoff calculations for Basins A and B are included in the Appendix. 2 The hydrologic characteristics were estimated based on information from nearby areas. Typically, a Hydrologic Group of "C" was assumed, as was a vegetative ground cover of approximately 40% of the type "Sage/Grass". This results in a general Curve Number of 68. The 25 year design storm prescribed by the county results in peak flows from Basin A and Basin B of 5.5 and 12.5 cfs respectively. These flows are relatively minor and will be quite short lived, but could still cause structural and water damage to residential and out buildings, if not properly mitigated. DRAINAGE PLAN Drainage within the development will be controlled by the irrigation and drainage ditches in conjunction with site grading around individual homes. Attention to site grading at individual building sites will be necessary to mitigate the effects of storm drainage and flood irrigation. As noted above, the flows generated from the off site drainage basins (south of County Road 335) will enter the site at or near the two existing county road culvert crossings. The offsite flows will be dissipated and spread out somewhat due to crossing the irrigation ditch adjacent to the county road. In addition, flows in excess of the culvert capacity will overtop the road and be spread out due to crossing the road. These crossings, coupled with the lack of defined drainage channels, will result in the flows that reach the main part of the site being relatively shallow and diffuse. (The 100 year flow from the larger basin spread out only 30 feet wide would be only one half foot deep.) Since the flows will be relatively shallow and diffuse, the possible damage to buildings can be easily mitigated with a proper site grading plan. This could be no more elaborate than a berm or berm/ditch combination on the uphill side of each building, or across the top of the whole building envelope. However, these are large building envelopes and individual homeowners are likely to want something more creative or elaborate. Therefore, we recommend that a grading plan for each home site be approved by a registered civil engineer, and that it be provided to the Homeowner's Association for approval also. The site grading will need to be designed to mitigate the effects of flood irrigation, storm runoff, and their combination. Note that the proposed building envelopes are amply spaced to easily allow irrigation and storm runoff flows to be diverted around each site without significantly affecting another site. We understand that all areas outside of the building envelopes will be platted as drainage easement to accommodate flood irrigation and storm runoff. The road (Gilead Garden Lane) will be crowned and the minor amount of runoff from the road will not be collected, but will remain diffuse and be allowed to flow off each side of the road and continue along a natural drainage path through the subdivision. The general flow patterns are shown on the Drainage Plan included with this report. The calculations for flows and culverts are included in Appendix A. 3 SUMMARY Additional storm runoff generated from the development of Gilead Gardens Subdivision will be insignificant due to the project's low density, few impervious areas, and the fact that typical excess flood irrigation flows will be larger than most storm runoff events. Storm water detention is not necessary as flows leaving the site will be entering the Colorado River floodplain and not affecting any other properties. Individual site grading will be necessary to mitigate drainage and flood irrigation impacts. All areas outside of the building envelopes will be platted as drainage easement to accommodate flood irrigation and storm runoff. D:\Land Projecls\Gilead ~ ·1DIM3\drain-plot2.dwg, LQ.AREA.11X17-C, 03/12Al3 09:16:02 PM, HP Desk.Jet 1120C Pmtor (3)-11X17Cj)C) PROJECT LOCATION MAP NOT TO SCALE 3/12/03 DRAWN BY: CHKD BY: TPB TPB 2001.003 ToS GILEAD GARDENS BOUNDARIES UNLIMITED INC. 923 COOPER AVENUE, SUITE 102 GLENWOOD SPRINGS, CO 81601 R91W R92W FIGURE NO. 1 OFFSITE BASIN MAP T6S ,p \ ('~ .. \ wit.. \ ,·~, AD GARDENS SUBDMSION GILE BOUNDARIES UNLIMITED INC. 923 COOPER AVENUE, SUITE 102 GLENWOOD SPRINGS, CO 81601 R91W R92W FIGURE NO. 2 • rnn ¥EAR FLOOD PLAJJ;/ BOUNDARY ' / GILEAD GARDENS ----- DRAINAGE PLAN ....-!NlALL 370 LF OF 18" ADS CULVERT IN IRRIGAllON DITCH CLOSE TO COUNTY ROAD SHLDR NEW IRRIGATION DITCH LATERAL (SEE DITCH '-SEC DETAIL THIS SHEET) NOT FOR CONSTRUCTION PPLAN-RE"1SE-DRAIN BOUNDARIES UN!..IMJTEO INC. '923 C.:".>.:11:1r Av~m.1~ j SLillt' tQ'l GIMwooci Sprit.(l.s i Co!tr~rlo 81601 NO. DATE RE\llSION BBD TRUST 1577 COUNTY ROAD 335 NEW CASTLE, COLORADO Ol.EAD GARDENS PRELloW-lARY PLAN DES. BDL C~. FILE NO. DR. BDL DA TE J/12/03 BY 01 APPENDIX A: CALCULATIONS TR-55 Tabular Hydrograph Input Summary Description .................... . ----~ Basin "A" - -10 Year Flow Rainfall Distribution .......... . Ia/P Interpolation ............. . Total Area ..................... . Peak Time Peak Flow ....................... Given Input Data: Method Type II On 30.1000 ac 12.1000 hrs 2.0510 cfs --==~/~--~- ------------------------------------------------------------------------------- Subarea D/S Subareas Description Area (ac) CN Tc (hrs) Tt (hrs) Rainfall (in) -----------------------------------~------------------------------------------- BASIN A 30.1000 68 0.1000 0.0000 1.6000 Support Data: Messages: Warning: Ia/p > 0.5 in row <l>, Increase CN and/or Rainfall. Ia/p = 0.5 used. Page 1 TR-55 Tabular Hydrograph Method Input summary Description .................... . ~Basin "A" - -25 year flow Rainfall Distribution .......... . Ia/P Interpolation ............. . Total Area ..................... . Peak Time Peak Flow ....................... ....................... Type II on 30.1000 ac 12.1000 hrs 5. 4640 cfs ~-------- Given Input Data: -------------------------------------------------------------------------------Rainfall (in) Tt (hrs) Subarea D/S Subareas Area (ac) CN Tc (hrs) Description -------------------------------------------------------------------------------2.0000 0.1000 0.0000 A 30.1000 68 Support Data: Page 1 TR-55 Tabular Hydrograph Input Summary Description .................... . ~----7Basin "A" - -100 Year Flow Rainfall Distribution .......... . Ia/P Interpolation ............. . Total Area ..................... . Peak Time Peak Flow ....................... • •• e ••• " • •• t e e • I ••••• e • Given Input Data: Method Type II On 30.1000 ac 12.1000 hrs 12. 2268 cfs ------"""'---' -- ------------------------------------------------------------------------------- Subarea D/S Subareas Description Area (ac) CN Tc (hrs) Tt (hrs) Rainfall (in) ------------------------------------------------------------------------------- BASIN A 30.1000 68 0.1000 0.0000 2.4000 Support Data: Page 1 TR-55 Tabular Hydrograph Input Summary Description .................... . ,,-------::.3J!o!!o>-Basin "B" - -10 Year Flow Rainfall Distribution .......... . Ia/P Interpolation ............. . Total Area ..................... . Peak Time Peak Flow ....................... ............... " ...... . Given Input Data: Method Type II On 69.0000 ac 12.1000 hrs 4.7016 cfs_....,:::3~~~~ ------------------------------------------------------------------------------- Subarea D/S Subareas Description Area (ac) CN Tc (hrs) Tt (hrs) Ra inf all (in) ------------------------------------------------------------------------------- Basin B 69.0000 68 0.1500 0.0000 1. 6000 Support Data: Messages: Warning: Ia/p > 0.5 in row <1>. Increase CN and/or Rainfall. Ia/p = 0.5 used. Page 1 tmp#2.txt TR-55 Tabular Hydrograph Method Input Summary Description .................... . ---~Basin "B" - -25 year flow Rainfall Distribution .......... . Ia/P Interpolation ............. . Total Area ..................... . Peak Time Peak Flow ....................... ......... ~ ............ . Type II On 69.0000 ac 12.1000 hrs 12. 5254 cfs ~---~ .. ,-- Given Input Data: -------------------------------------------------------------------------------Rainfall CN Tc (hrs) Tt (hrs) Subarea D/S Subareas (in) Description Area (ac) -------------------------------------------------------------------------------68 0.1500 0.0000 2.0000 B 69.0000 Support Data: Messages: Info: Time of Concentration rounded to 0.1000 hrs in row <l>. Page 1 TR-55 Tabular Hydrograph Input Summary Description .................... . ·~Basin "B" - -100 Year Flow Rainfall Distribution .......... . Ia/P Interpolation ............. . Total Area ..................... . Peak Time Peak Flow ....................... ....................... Method Type II On 69.0000 ac 12.1000 hrs 28.0283 cfs Given Input Data: -------------------------------------------------------------------------------Rainfall (in) Subarea D/S Subareas Area (ac) CN Tc (hrs) Tt (hrs) Description ----------~--------------------------------------------------------------------2.4000 Basin B 69.0000 68 0.1500 0.0000 Support Data: Messages: Info: Time of Concentration rounded to 0.1000 hrs in row <1>. Page 1 tmp#~ ·~t Culvert Calculator Entered Data: Shape . . . . . . . . . . . . . . . . . . . . . . . . . . . Circular Number of Barrels . . . . . . . . . . . . . . . 1 Solving for .................... . Chart Number ................... . Headwater 2 3 Scale Nuinber ................... . Chart Description .............. . CORRUGATED METAL PIPE CULVERT Scale Decsription .............. . Flowra te ....................... . Manning' s n .................... . Roadway Elevation .............. . Inlet Elevation ................ . Outlet Elevation ............... . Diameter ........................ . Length ......................... . Entrance Loss .................. . Tailwater ................ ,. ..... . Computed Results: Headwater .................... ··• .. Slope ........................... . Velocity ................. ~ ..... . DIS-HEAD-INLET OUTLET CHARGE WATER CONTROL CONTROL FLOW Flow ELEV. DEPTH DEPTH TYPE cf s ft ft ft 0.00 87.37 0.37 0.00 NA 0.50 87.55 0.55 0 .. 00 NA 1. 00 87.70 0.70 0.00 NA 1. 50 . 87.84 0.84 0.00 NA 2.00 87.97 0.97 0.00 NA 2.50 88.10 1.10 0.00 NA PIPE PROJECTING FROM FILL 6.0000 cfs 0. 024 0 89.0000 ft 87.0000 ft 86.0000 ft 15.0000 in 44.0000 ft 0.8000 0.1000 ft 88.9827 ft from Inlet 0.0227 ft/ft 4.8892 fps NORMAL CRITICAL OUTLET DEPTH DEPTH VEL. DEPTH in in fps ft o.oo 0.00 0.00 o.oo 3.12 3.30 2.71 0,26 4.43 4.72 3.31 0.37 5.47 5.82 3.70 0,46 6.40 6.76 4.00 0.53 7.27 7.60 4.24 0.61 Page 1 ~-------·--------··· ~·-----_,. TAILWATER VEL, DEPTH fps ft 0.00 0.10 o.oo 0.10 0.00 0.10 0.00 0.10 o.oo 0.10 0.00 0.10 3.00 88.23 1. 23 0.00 NA 8.10 8.36 4.44 0.68 0.00 0.10 3.50 88.36 1. 36 0.00 NA 8.93 9.06 4.60 0.74 0.00 0.10 4.00 88.49 1. 49 0.00 NA 9.77 9.71 4.73 0.81 0.00 0.10 4.50 88.65 1. 65 0.00 NA 10.65 10.32 4.83 0.89 0.00 0.10 5.00 88.77 1. 77 0.00 NA 11.65 10.88 4.89 0.97 0.00 0.10 5.50 88.98 1. 98 0.00 NA 15.00 15.00 4.48 1. 25 0.00 0.10 Page 2 Culvert Calculator Entered Data: Shape . . . . . . . . . . . . . . . . . . . . . . . . . . . Circular Number of Barrels ............... 1 Solving for .................... . Chart Number ................... . Headwater 2 3 Scale Number ................... . Chart Description .............. . CORRUGATED METAL PIPE CULVERT Scale Decsription .............. . Flowrate ....................... . Manning 1 s n ..................... . Roadway Elevation .............. . Inlet Elevation ................ . Outlet Elevation ............... . Diameter ........................ . Length ......................... . Entrance Loss .................. . Tailwater ....................... . Computed Results: Headwater ......................... . Slope .......................... . Velocity ....................... . DIS-HEAD-INLET OUTLET CHARGE WATER CONTROL CONTROL FLOW Flow ELEV. DEPTH DEPTH TYPE cf s ft ft ft 0.00 89.49 0.49 0.00 NA 1. 00 89.74 0.74 0 . .00 NA 2.00 89.96 0.96 0.00 NA 3.00 90.16 1.16 0.00 NA 4.00 90.36 1. 36 0.00 NA 5.00 90.55 1. 55 0.00 NA PIPE PROJECTING FROM FILL 14.0000 cfs 0.0240 96.0000 ft 89.0000 ft 87.0000 ft 18.0000 in 44.0000 ft 0.8000 0.1000 ft 93.2467 ft From Inlet 0.0455 ft/ft 7.9224 fps CRITICAL OUTLET NORMAL DEPTH DEPTH VEL. DEPTH in in fps ft 0.00 0.00 0.00 0.00 3.49 4.48 4.15 0.29 4.94 6.40 5.08 0.41 6.10 7.90 5.69 0.51 7.11 9.19 6 .16 0.59 8.05 10.32 6.54 0.67 Page 1 TAILWATER VEL. DEPTH fps ft 0.00 0.10 0.00 0.10 0.00 0.10 0.00 0.10 0.00 0.10 0.00 0.10 tmp#2 t 6.00 90.75 1. 75 0.00 NA 8.94 11. 35 6.85 0.74 0.00 0.10 7.00 90.99 1. 99 o.oo NA 9. 80 12.29 7.12 0.82 0.00 0.10 8.00 91.21 2.21 0.00 NA 10.66 13.15 7.34 0.89 0.00 0.10 9.00 91. 55 2.55 0.00 NA 11.53 13.93 7.52 0.96 0.00 0.10 10.00 91. 92 2.92 o.oo NA 12.44 14.63 7. 67 1.04 0.00 0.10 11.00 92.33 3.33 o.oo NA 13.42 15.24 7.78 1.12 0.00 0.10 12.00 92.77 3.77 0.00 NA 14.56 15.77 7.83 1.21 0.00 0.10 13.00 93.25 4.25 0.00 NA 18.00 18.00 7.36 1. 50 o.oo 0.10 Page 2 APPENDIXB: SUPPLEMENTAL INFORMATION --1 I 37 • I , J -·'---·-·--·L-...;' -I --- COLORADO 10 0 10 20 30 40 '.__ ----':---'-:-~~== MILES. 83 109 108 107 106 105 104 ~+-----141 \ I I STERLl~I I I ---1 ) I {_/ 1----------~ 1 I I I I I AKRON . I~ t : \\ sr\) -I ___ ,,_ __ I 42 KLEY ISOPLUV1ALS OF 10-YR 24-HR PRECIPITATION IN TENTHS Of AN INCH FIG. S-7 103 I I : j I I \ I ll 102 109 108 107 28 22 10 0 10 20 30 40 _/ .-1....E"3_...L.-___.E3 _ __.__-'-E=i-_. MILES. I 108 107 82 109 106 105 NOiliA ATLAS 2, Volume Ill Prepared by U.S. Deoartment of Commerce National Oceanic and Atmospheric Administration National Weather Service, Office of Hydrology Prepared tor U.S. Department of Asfieulture, Soil Conservation Service, Engineering Division I I 106 105 104 104 103 48 50 102 I _J I \ I ·; \ ----, _11 I -~~ SPRINGF·lELD /'\f'i ' I I J 11 i c _:f ~--/ J±J .. L.----~-' 13/ I 5'. 5 t I ISOPUMALS OF 25-YR 24-HI PIECl'n'ATDI .. TEJn'HS Of AN INCH +1 I 5-7 FIG. I 103 102 109 108 107 10 o 10 20 10 cio ._E-3 _ __.___.._E-3_~_..___! MILES. 80 109 108 107 106 105 NO.tJI ATLAS 2. Volume !!I Prepared by U.S. Department of Commerce National Oceanic and Atmospheric Administration National Weather Service, Office of Hydrology Prepared for U.S. Department of Aerlcutture, Soll Conaerv1t1on Service, Enstnaertn1 Division 106 105 104 104 103 102 I ___ j 5 ~ . -,! C:::, _....,_ __ L------• \ llOPUWLS OF 100-Ylt 2...-PilllECPITATIOll • TlllTHI OF All ll:M FIG. S :--7 103 i i I I I I I I I . I_ I . ,..:71 +I I 1 \ I 102 BOUNDARIES UN:LIMlTED INC. March 3, 2003 David and Renee Miller 1577 County Road 335 New Castle, CO 81647 Re: Gilead Gardens -Site Access and Traffic Impact BU File# 2001.01 Dear David & Renee: Per your request, the following study was conducted to evaluate existing and proposed county road accesses and determine the average daily traffic volume at build out for the proposed Gilead Gardens additional generated traffic. The proposed nine lot subdivision is located along the south side of the Colorado River between Silt and New Castle, approximately 3.5 miles west along Colorado River Road (CR 335) of the 1- 70 New Castle Interchange. The two single-family residences, currently occupying two of the proposed nine lots, are serviced with a total of three existing accesses onto CR 335. The easterly residence (Lot 1) is serviced with two existing accesses. The east access, shared with the adjacent property (Bullock), is at the top of a hill and has good sight distance in both directions. The west access, approximately 370 feet west of the east access, approaches CR 335 at a sharp angle and has an inadequate sight distance to the east. The westerly residences (Lot 5) only access is also at a sharp angle and has an inadequate sight distance to the east. The layout of Gilead Gardens will maintain the most easterly access but eliminate the remaining two driveways that have poor sight distance. The two new short roads will intersect County Road 335 near the crests of hills, which will provide acceptable sight distance in both directions. Garden Lane, approximately 550 feet in length, will serve five lots while Harvest Circle, approximately 250 feet in length, will serve three lots. The gravel roads will be 22 feet wide with two-foot shoulders. As per Fire Chief, Dave Yowell' s request, the two roads shall terminate with 65-foot radius cul-de-sacs (measured to outside shoulder edge). Chief Yowell will allow landscaped islands at the center of the cul-de-sacs in order to reduce the massive graveled surface areas. The roads will be constructed in 50-foot wide public rights-of-way and will be maintained by the homeowners association in accordance with Garfield County Subdivision Rules and Regulations. Other than the existing driveway for Lot 1, lot access onto County Road 335 will not be permitted. 923 Cooper Ave, Ste. 102, Glenwood Springs, CO 81601 Ph: (970) 945-5252 Fx: (970) 384-2833 The calculations for determining the additional average daily traffic (ADT) volume generated at subdivision build out are as follows: Number of New Primary Single Family Residences (SFR): 7 Number of New Accessory Dwelling Units (ADU): 5 Number of Vehicles per Day generated by single-family detached per ITE Trip Generation Manual, 6tlt Edition: 9.57, Use 10 10 trips/day/residence x (7 SFR + 5 ADU)= 120 ADT Please contact me at 945-5254 with any questions you may have. UNLIMITED, INC. ce D. Lewis, P.E. Project Manager BDL/soe enc. Hepworth-Pawlak Geoteclmical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 hpgeo@hpgeotech.com PRELIMINARY GEOTECBNICAL STUDY PROPOSED GILEAD GARDENS SUBDIVISION 1577 COUNTY ROAD 335 GARFIELD COUNTY, COLORADO JOB NO. 100 672 DECEMBER 29, 2000 PREPARED FOR: BOUNDARIES UNLIMITED, INC. ATTN: BRUCE LEWIS 0401 COUNTY ROAD 149B GLENWOOD SPRINGS, COLORADO 81601 HEPWORTH -PAWLAK GEOTECHNICAL, INC. December 29, 2000 Boundaries Unlimited, Irie. Attn: Bruce Lewis 0401 County Road 149B Glenwood Springs~ Colorado 81601 Job No.100 672 Subject: Report Transmittal, Preliminary Geotechnical Study, Proposed Gilead Gardens Subdivision, 1577 County Road 335, Garfield County, Colorado Dear Bruce: As requested, we have conducted a geotechnical study for the proposed subdivision at the subject site. Development of the property should be suitable based on the geologic and geotechnical conditions. Development of the individual lots should consider potential storm water and associated debris flows from the hillside drainages to the southeast. Subsurface conditions encountered in the exploratory borings drilled throughout the proposed development area consist of stiff to very stiff clays and medium to stiff sandy clay and silt with gravel overlying dense river gravel alluvium. Groundwater was not encountered in the borings and the soils were slightly moist to very moist with depth .. Samples 9f the clays encountered on Lots 6, 7 and 8 showed an expansion potential when_ wetted under light loading. Spread footings placed on the natural subsoils and designed for an allowable bearing pressure in the range of 1,500 psf to 3,000 psf appear suitable for building support. The clay soils encountered on Lots 7 and 8, and probably Lot 6, should be completely removed from beneath footing and floor slab areas due to their expansion potential. Foundations for the buildings on Lots 7 and 8 can be located as close as 10 feet from the top of the steep escarpment provided the footings are placed on the natural dense gravel alluvium. The report which follows describes our exploration, summarizes our findings, and presents our recommendations suitable for planning and preliminary design. It is important that we provide consultation during design, and field services during construction to review and monitor the implementation of the geotechnical recommendations. If you have any questions regarding this report, please contact us. Sincerely, HEPWORTH -PAWLAK GEOTECHNICAL, INC. ~~-P~ Steven L. Pawlak, P.E. Rev. by: DEH SLP/djg/ksw \ TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PROPOSED DEVELOPMENT . . . . . . . . . . . • . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SITE CONDITIONS . . . . . . . . . . . . . . . . . . • .. . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 GEOLOGIC SETTING ................................... , . . . . . . . . . . . . . . . • 2 FORMATION ROCK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . 2 COLORADO RIVER ALLUVI:UM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ALLUVIAL FANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 LOESS ............................................ · ............. 3 FIELD EXPLORATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SUBSURFACE CONDITIONS . . . . . . . . . . . . . . . . . . . . . . • . . • . • . . . . . . . . . . . . • . . . • . 4 GEOLOGIC SITE ASSESSMENT . . . . . . • . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . • . 5 TERRACE ESCARPMENT ...................•..... ·. . . . . . . . . . . . . . . . . . 5 MOISTURE SENSITIVE SOILS . . . . . . . . . • . . . . . . .. . • . • . . . • . • . . . . . . . . . . . . . 5 STORM WATER FLOODING . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . • . . . • . 6 EARTHQUAKES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . • . . . . . . . . . . . . 6 RADIATION POTENTIAL ................................••........•. 6 PRELIMINARY DESIGN RECOMMENDATIONS ................................ 7 FOUNDATIONS .........•..................•......... ·. . . . . . • . . . . . 7 FLOOR SLABS ......... ; ..•...•........................ ·. . . . . . . . . . 7 UNDERDRAIJ:ll SYSTEM . . . . . • • . . . . . . . . • . . • . • • . . • . . . . . . . . . . . . • . . . . . . 8 SITE GRADING . • . . . • . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SURFACE DRAINAGE .•............•...........•...•..•.........•. 9 SEPTIC DISPOSAL SUBSURFACE PROFILE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 LIMITATIONS •.......... : ............................................. 9. REFERENCE .••.•......•.....................•..•...••...•..••....... · • 10 FIGURE 1 -GEOLOGY MAP FIGURES 2 & 3 -LOGS OF EXPLORATORY BORINGS FIGURE 4 -LEGEND AND NOTES FIGURES 5-7-SWELL-CONSOLIDATION TEST RESULTS TABLE I -SUMMARY OF LABORATORY TEST RESULTS H-P GEOTECH PURPOSE AND SCOPE OF STUDY This report presents the results of a preliminary geotechnical study for the proposed Gilead Gardens Subdivision located at 1577 County Road 335, Garfield County, Colorado. The project site is shown on Fig. 1. The purpose of the study was to evaluate the geologic and subsurface conditions and their potential impacts on the project. The study was conducted as requested by Bruce Lewis in addition to our previous radiation potential lett~r, dated August 18, 2000. A field exploration program consisting of a reconnaissance and exploratory borings was c9nducted to obtain information on the site and subsurface conditions. Samples of the subsoils obtained during the field exploration were tested in the laboratory to determine their classification, compressibility or swell and other engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for project planning and preliminary design. This report summarizes the data obtained during this study and presents our conclusions and recommendations based on the proposed development and subsurface conditions encountered. PROPOSED DEVELOPl\'.IENT The proposed development consists of an 8 lot subdivision as shown on Fig. 1. The lots will range in size from roughly 3 to 7 acres and be developed with single family homes. Access to the lots will be partly off of County Road 335 and from a new on-site road, see Fig. 1. We assume the residences will be typical of the area and be one to two stQries with a partial or full basement. The development will be serviced by on-site wells and individual septic disposal systems. The buildings on Lots 7 and 8 are proposed to be built close to the top of the steep down slope to the Colorado River. If development plans change significantly from those described, we should be X notified to re-evaluate the recommendations presented in this report. · SITE CONDITIONS The proposed development consists of about 35 acres located in the western half of Section 7, T 6 S, R 91 W. Most of the property consists of irrigated pasture that is· crossed by field ditches. Lots 1 and 5 have existing residences which are located above H-P GEOTECH -2- the main irrigation ditch, see Fig. 1. The ground surface has a gentle to strong slope generally down to the northwest. The elevation ranges from about 5,490 feet to about 5,540 feet across the proposed building areas. A very steep river terrace escarpment about 25 feet high borders the north side of the pasture at Lots 7 and 8. Vegetation consists of mainly field grasses and weeds. GEOLOGIC SETTING The project is located in the Piceance Basin near the northwest trending axis of the basin. This regional structural feature was formed during the Laramide Orogeny about 40 to 70 million years ago. In addition to the main basin, there are also northwest trending, secondary anticlines and synclines in this part of the basin (Tweto and Others, 1978}. The near surface formation rock in the area is the Wasatch Formation. Surficial soil deposits are primarily Colorado River alluvium and alluvial fans. FORMATION ROCK A.few outcrops of the Shire Member of the Eocene and Paleocene-age Wasatch Formation are present in the hills to the southeast of County Road 335, but in the project area the rock is covered by relatively thick surficial soil deposits. Because of . . the folding, moderate bedding dips can be expected in the Wasatch. The Shire Member consists of varied colored claystone, mudstone and siltstone interbedded with less abundant coarse grained sandstone (Scott and Sbroba, 1997). The claystone, mudstone and siltstone are usually firm but non-cemented. The sandstones are usually cemented and hard. Joints are commonly present in the cemented rock. The beds occur as complex lenses with limited horizontal continuity. COLORADO RIVER ALLUVIUM Three Colorado River terraces are present in the project area (Qtl, Qt2 and Qt3). All of the proposed building sites are on the intermediate terrace (Qt2) that lies about 25 feet above the river. Parts of Lots 7 and 8 that are not within the proposed building areas are located on the low terrace (Qtl). Some parts of the low terrace are within the 100 year flood plain. The high terrace (Qt3) is located off of the property to the southeast of County Road 335. H-P GEOTECH -3- The high terrace deposits are glacial outwash that were deposited during the Bull Lake glacial period (Scott and Shroba, 1997). The intermediate terrace deposits are glacial outwash that was deposited during the Pinedale glacial period. Deposits below the low terrace are Pinedale and Holocene gravels. Borings on the intermediate terrace Qt2 show that the soil profile consists of an upper sandy clay that is from 2 to 5 feet thick overlying relatively clean to silty sand and gravel with rounded cobbles and boulders. The laboratory tests show that the upper sandy clay on the intermediate terrace has a moderate to high expansion potential when wetted. The intermediate terrace is covered by alluvial fan deposits in the southeastern part of the property. ALLUVIAL FANS . Geologically young alluvial fans (Qat) that are largely the product of occasional debris flows and floods associated with intense thunderstorms cover the intermediate terrace in the southeastern part of the property. To our knowledge historic debriS flows have not occurred on. the fans but historic debris flows have occurred on similar fans in the general area. The drainage basins above the fans are relatively small and cover about 7 to 73 acres. At the borings, the fan deposits were between 17 and 261h feet deep and underlain by Colorado River alluvium. The laboratory tests show that the alluvial fan deposits are not expansive but have low to moderate compressibility under conditions of wetting and loading. LOESS Regional mapping shows that wind deposited, non-stratifif?d sandy silt loess deposits (Qlo) cover the intermediate terrace to the west of the project area and the high terrace to the southeast of the property (Scott and Shroba, 1997). Loess is not present in the proposed building areas. FIELD EXPLORATION The field exploration for the project was conducted on October 31 and November 1, 2000. Eight exploratory borings were drilled at the locations shown on Fig. 1 to evaluate the subsurface conditions. H-P GEOTECH -4- The borings were advanced with 4 inch diameter continuous flight auger powered by a truck-mounted Longyear BK-51HD drill rig. The borings were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. Samples of the subsoils were taken with 13/a inch and 2 inch l.D. spoon samplers. The samplers were driven into the subsoils at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Figs. 2 and 3. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Figs. 2 and 3. The subsoils consist of about Vi to 1 foot of topsoil overlying stiff to very stiff clays (Borings 1-5) and medium to stiff sandy clay and silt with gravel (Borings 6-9). Slightly silty sandy gravel, cobble and boulder river terrace alluvium was encountered below the clays and silts at depths of 2 to 26¥2 feet. Drilling in the dense gravel alluvium with auger equipment was difficult due to the cobbles and boulders and drilling refusal was encountered in the deposit. Boring 8 refusal ~ppears to be caused by a boulder within the overburden soils rather than dense gravel alluvium. Laboratory testing performed on samples obtained from the borings included natural moisture content and density, finer than sand size gradation analyses and liquid and plastic limits. Results of swell-consolidation testing performed on relatively undisturbed drive samples, presented on Figs. 5, 6, and 7, generally indicate low to moderate compressibility under conditions of loading and wetting. The clay samples taken from Borings 2 and 4 showed moderate to high expansion potential when wetted under relatively light loading. The sandy clay and silt soils encountered in Borings 6-9 (Lots 2, 3 and 4) have low plasticity. The laboratory testing is summarized in Table I. No free water was encountered in the borings at the time of drilling or when checked on November 14, 2000. The subsoils were slightly.moist to very moist with depth. H-P GEOTECH -5- GEOLOGIC SITE ASSESSMENT Geologic conditions are not present in the area which would make the proposed development infeasible. Geologic conditions that should be considered in project planning and desig·n and their expected influence on the proposed development are discussed below. TERRACE ESCARPMENT The steep terrace escarpment between terraces Qtl and Qt2 forms the north side of the building areas on Lots 7 and 8. The escarpment is about 25 feet high at an average slope of about 60% (1 2/3 horizontal to 1 vertical). We understand that current plans are to build the residences on Lots 7 and 8 close to the top of the escarpment and construct a pedestrian trail down the escarpment to the river. The gravel terrace that makes up most of the steep escarpment appears relatively stable and should support lightly loaded footings with appropriate setback from the slope. Setback recommendations and other grading precautions for Lots 7 and 8 are presented in the Preliminary Design Recommedations section of this report. The 100 year flood plain limit of the Colorado River roughly follows the toe of the steep terrace escarpment and there is a potential for long term erosion and undercutting of the slope. A civil engineer experienced with surface water hydrology should evaluate potential flood flow and erosion potential at the base of the terrace escarpment and provide erosion protection design as needed. MOISTURE SENSITNE SOILS The alluvial fan soils that cover most of the development are typically moisture sensitive and could have a collapse potential, especially in the areas that have not been irrigated. The laboratory testing shows that the clay soils overlymg the Qt2 terrace have a swell potential when wetted. Foundation design considerations will be needed to mitigate possible adverse effects of the moisture sensitive soils. Preliminary foundation design considerations are discussed in the Preliminary Design Recommendations section of this report. . H-P GEOTECH -6- STORM WATER FLOODING The alluvial fans in the project area are geologically young and are potential sites of debris flows and debris floods associated with intense thunderstorms. The existing drainage channels on the fans are shallow and usually poorly defined. A civil , ~ engineer experienced with surface water hydrology should evaluate the potential for '-;} flash floods and associates debris flows and debris floods. Channel improvements should be considered if the design flows cannot be contained in the existing channel system. If it is not possible to route the design flash floods through the project in the existing or improved channels, then we should be contacted for evaluation of other mitigation options such as deflection berms and building flood proofing for the site speCific lot development. EARTHQUAKES The project site could experience moderately strong earthquake ground shaking of Modified Mercalli Intensity VI during a reasonable service life for the development. but the probability for a stronger ground shaking is low. Intensity VI ground shaking is felt by most people and causes general alarm, but results in negligible damage to structures of good design and construction. The occupied structures should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. The site is located in the Uniform Building Code Seismic Risk Zone 1. Based on our current understanding of the earthquake hazard in this part of Colorado, we see no reason to increase the commonly accepted seismic risk zone of the area. RADIATION POTENTIAL The project site is not located on geologic deposits that are expected to have high concentrations of radioactive minerals. However, there is a ·potential that radon gas could be present in the area. It is difficult to assess future radon gas concentrations in buildings before the buildings are constructed. Testing for radon gas levels could be done when the residences and other occupied structures have been completed.· New buildings are often designed with provisions for ventilation of lower enclosed areas should post construction testing show unacceptable radon gas concentration. H-P GEOTECH -7- PRELIMINARY DESIGN RECOMME1''DATIONS The conclusions and recommeridations presented below are based on the proposed development, subsurface conditions encountered in the exploratory borings, and our experience in the area. The recommendations are generally suitable for planning and preliminary design and site specific studies should be conducted for individual lot development. Site specific foundation design recommendations and setback cr~teria are given for Lots 7 and 8. FOUNDATIONS Bearing conditions will vary depending on the specific location of the building on the property. Based on the nature of the proposed construction, spread footings bearing on the natural subsoils should be suitable for building supports. We expect that footings placed on the alluvial fan soils (Lots 1-5) can be sized for an allowable bearing pressure on the order of 1500 psf and footings placed on the dense gravel alluvium (Lots 7 and 8 and possibly Lot 6) can be sized for an allowable bearing pressure of I 3 ,000 psf. The expansive clays at Lots 7 and 8 and possibly Lot 6 should be removed and the footings extended down to bear on the dense gravel alluvium. Foundations for the buildings on Lots 7 and 8 can be located as close as 10 feet from the top of the steep escarpment provided the footings are placed on the natural dense gravel alluvium. The actual setback should be verified at the time of construction. Footings placed within 20 feet of the escarpment should be sized for an allowable bearing pressure of 2,000 psf and footings at a greater distance for 3,000 psf. Foundation walls should be designed to span local anomalies and to resist lateral earth loadings when acting as retaining structures. Foundation walls backfilled with the on-site clays should be designed to resist a lateral earth preserve of 60 pcf equivalent fluid unit weight. Below grade areas and retaining walls should be protected from wetting and hydrostatic loading by use of an underdrain system. The footings should have a minimum depth of 36 inches for frost protection. FLOOR SLABS Slab-on-grade construction should be feasible for bearing on the dense gravel alluvium or the sandy clay and silt soils. H-P GEOTECH - 8 - There could be some post construction slab movement at sites with collapsible soils (such as above the irrigated fields) or expansive clays. The expansive clays at Lots 7 and 8 and possibly Lot 6 should be removed from beneath slab areas. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns ·with expansion joints. Floor slab control joints should be used to reduce damage due to shrinkage cracking. A minimum 4 inch thick layer of free-draining gravel should underlie basement level slabs to facilitate drainage. UNDERDRAIN SYSTEM Although free water was not encountered in the exploratory borings, it has been our experience in the area that local perched groundwater can develop during times of heavy precipitation or seasonal runoff. An underdrain system should be provided to protect below-grade construction, such as retaining walls and basement areas from wetting and hydrostatic pressure buildup. The drains should consist of drainpipe surrounded above the invert level with free-draining granular material. The drain should ·be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1 % to a suitable gravity outlet. SITE GRADING The risk of construction-induced slope instability at the site appears low provided the buildings are located in the less steep pasture area of the property as planned and cut and fill depths are limited to about 10 feet. Deep_er cuts and fills may be feasible and should be studied on an individual basis. Fills should not encroach the steep down slope escarpment on Lots 7 and 8. Structural fills should be compacted to at least 95 % of the maximum standard Proctor density near optimum moisture content. Prior to fill placement, the subgrade should be carefully prepared by removing all vegetation and topsoil. The fill should be benched into any slopes that exceed 20 % grade. The on-site soils excluding oversized rock and topsoil should be suitable for use in embankment fills. Permanent unretained cut and fill slopes should be graded at 2 horizontal to 1 vertical or flatter and protected against erosion by revegetation, rock · riprap or other means. H-P GEOTECH -9- SURFACE DRAINAGE The grading plan for the subdivision should consider potential storm water flows from the hillside drainages to the south.east of the property. Water should not be allowed to pond or flow up against buildings which could impact slope stability and foundations. Foundation wall backfill should be well compacted and have a positive slope away from the building for a distance of 10 feet to limit infiltration into the bearing soils. Roof downspouts and drains should discharge well beyond the limits of all backfill and landscape irrigation should be restricted. Surface water should not be concentrated and directed on to the steep escarpment slope of Lots 7 and 8 without adequate erosion protection. SEPTIC DISPOSAL SUBSURFACE PROFILE We understand that percolation testing will be performed throughout the development area to evaluate the feasibility of infiltration septic disposal systems at each of the proposed lots. We also understand that the residences on Lots 1 and 5 have operating infiltration septic disposal systems approved by the County. Groundwater or bedrock were not encountered to the drilled depths of generally 8 feet or greater at each of the lots. The disposal systems at Lots 6, 7 and 8 may.need to be based in the underlying gravel alluvium due to possible slow percolation rates of the upper clay soils. The systems on Lots 7 and 8 will need to be set back from the steep escarpment in accordance· with county regulations. LIMITATIONS This study has been conducted according to generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the field reconnaissance. review of published geologic reports, the exploratory borings located as shown on Fig. 1, the proposed type of construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. H-P GEOTECH -10 - If conditions encountered during construction appear different from those described in this report, we should be notified so that re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation. conduct additional evaluations and review and monitor the implementation of our recommendations. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative. of the geotechnical engineer. Respectfully Submitted, Steven L. Pawlak, P .E. Reviewed by: <:Xh Daniel E. Hardin, P .E. SLP/djg/ksw REFERENCES Scott, R. B. and Shroba, R. R., 1997, Revised Preliminary Geology Map of New Castle Quadrangle, Garfield County, Colorado: U.S. Geological Survey Open-File Report 97-737. Tweto, 0. and Others, 1978. Geologic Map of the Leadville 1° x 2° Quadrangle, Northwestern Colorado. U.S. Geological Survey Map 1-999. H-P GEOTECH Qt2 EXPLANATION Qaf -Aluvlal Fan Qc -Coluvium Qlo -Loess Qt1 ·Low Tenace Qt2 -lnlennediale Tenace Qt3 -High Terrace HEPWORTH-PAWLAK 100 672 GEOlECHNICAL, Inc. Qlo/Qt3 Tw ·Wasatch Fm. --------Contact(approx.) 81. Boring (approx.) Qr/f w QdTw QrJTw 0 400fl I I I Scala 1 In. = 400 ft. rorn 7 1 Potential Debris Row Basin w Alea In 8Cl88 Gilead Gardens Subdivision -Geology Map Fag.1 0 5 +l Q) Gl f1j .c: ,µ ~ 10 A 15 100 672 BORING 1 BORING 2 BORING 3 BORING 4 BORING 5 ELEV.=5495' ELEV.:5494' ELEV.=5493' ELEV.=5492' ELEV.=5496' LOT 8 LOT 8 LOT 7 LOT 7 LOT 6 41/12 2817 19/12 WC=15.2 WC=13.4 DD=llB DD=117 5/1,10/0 50/9 10/12 WC=19.6 DD=10S -200=93 LL=33 PI=14 15/3,10/0 Note: Explanation of symbols is shown on Fig. 4. HEPWORTH-PAWLAK GEOTECHNICAL, INC. LOGS OF EXPLORATORY BORINGS 0 5 .I-) Q) Q) ex. ..Q .I-) 10 ~ Q 15 Fig.2 I 0 5 10 .w QJ QJ ~ 15 ..i:: ,µ ~ Q 20 25 30 100 672 BORING 6 BORING 7 BORING 8 BORING 9 ELEV.= 5510' ELEV.= 5514' ELEV.= 5514' ELEV.= 5514' LOT 2 LOT 2 LOT 3 LOT 4 8/12 6/12 9/12 11i12 11/12 WC=13.5 WC=15.9 DD=112 DD=113 -200=79 LL=25 PI=7 7/12 11/12 35/5,10/0 11/12 WC=17.6 WC=13.6 DD=109 PROBABLE DD=112 BOULDER 6/12 14/12 9/12 9/12 10/12 7/3,10/0 Note: Explanation of symbols is shown on Fig. 4. HEPWORTH-PAWLAK GEOTECHNICAL, INC. LOGS OF EXPLORATORY BORINGS 0 5 10 .iJ QJ QJ ~ 15 .a .iJ ~ t:I 20 25 30 Fig.3 I ~GEND: ~ TOPSOIL; organic sandy silty clay, slightly moist, brown. D Q 41/12 -- T CLAY {CL); slightly sandy to sandy, stiff to very stiff, slightly moist to moist, brown, medium plasticity. CLAY AND SILT {CL-ML); sandy, scattered gravel, medium stiff to stiff, moist to very moist with depth, brown, low plasticity. GRAVEL, COBBLES AND BOULDERS (GM-GP); slightly silty, sandy, dense, slightly moist, brown, rounded rock. Relatively undisturbed drive sample; 2-inch I.D. California liner sample. Drive sample; standard penetration test {SPT), 1 3/8 inch I.D. split spoon sample, ASTM D -.1586. Drive sample blow count; indicates that 41 blows of a 140 pound hammer falling 30 inches were required to drive the California or SPT sampler 12 inches. Depth at which boring caved when checked on November 14, 2000. Practical drilling refusal. NOTES: 1. Exploratory borings were drilled on October 31 and November 1, 2000 with a 4-inch diameter continuous flight power auger. 2. The exploratory borings were located by Bruce Lewis. 3. Elevations of exploratory borings were obtained by interpolation between contours on the site plan provided. 4. The exploratory boring locations and elevations should be considered accurate only to the ~egree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the borings at the time of drilling or when checked on November 14, 2000. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content ( % } DD = Dry Density ( pcf ) -200 = Percent passing No. 200 sieve. LL = Liquid Limit ( % ) PI = Plasticity Index ( % ) 100 672 HEPWORTH-PAWLAK GEOTECHNICAL, INC •. LEGEND AND NOTES Fig. 4 Moisture Content = 15.2 percent f 5 Dry Density = 118 percent Sample of: Slightly Sandy Clay ("" From: Boring 2 at 2 Feet 4 ....... 3 ~ \ di' 2 \ s:: ' 0 ·r-l ) tll ~ 1 ~ \ ~ ~ Expansion fil upon ,\ I 0 wetting \ s:: ._ r--0 ........ ~ •r-l i-. r--' tll 1 r--.n tll Q) ' 1-1 Id> ~ 2 0 CJ 0.1 . 1.0 10 100 ' APPLIED PRESSURE -ksf Moisture Content = 13 .4 percent Dry Density = 117 percent Sample of: Slightly Sandy Clay dP From: Boring 4 at 2 Feet s:: 0 •r-l tll ~ 1 ~ ''r----.. ~ fil ~ I 0 --s:: -~ """ ~ !'-. i-..... 0 l'°"i-ii 0 I"-.!'-. ·r-l tll 1 ru tll E '· Q) xpansion H ~ upon 0 2 wetting CJ 0.1 1.0 10 100 APPLIED PRESSURE -ksf 100 672 HEPWORTH-PAWLAK SWELL CONSOLIDATION TEST RESULTS Fig.5 GEOTECHNICAL, INC. l Moisture Content = 17.6 percent Dry Density = 109 percent Sample of: Sandy Silt and Clay 0 From: Boring 6 at 10 Feet r----. ~ dP 1 f"'..... ' "'!'-. K --._ No movement r--. ....... "' ~ I°'~ upon 0 wetting ·r-l 2 VJ " VJ Q) ~~ J.-1 ~ 3 0 "' 0 4 ~D 0.1 1.0 10 100 APPLIED PRESSURE -ksf Moisture Content = 13.5 percent Dry Density = 112 percent Sample of:Sandy Silt and Clay dP From: Boring 7 at 5 Feet 0 ~ ----0 ( >:::.__ -:---.. ·r-l ....... r--...._ ti) 1 ti) ~ "'~compression Q) ~ J.-1 upon ~ 2 r"'t wetting 0 0 0.1 1.0 10 100 APPLIED PRESSURE -ksf 100 672 HEPWORTH-PAWLAK SWELL CONSOLIDATION TEST RESULTS Fig.6 GEOTECHNICAL, INC. I Moisture Content = 13.6 percent Dry Density = 112 percent Sample of: Sandy Silt and Clay From: Boring 9 at 10 Feet cl? 0 -t-No movement i< -... -,..._ r-,._ -upon s:: 1 wetting 0 ·.-! .......... tl.l ~p.,_ fl) Q) H 2 §i ' 0 't~ u 3 0.1 1.0 10 100 APPLIED PRESSURE -ksf 100 672 HEPWORTH-PAWLAK SWELL CONSOLIDATION TEST RESULTS Fig.7 GEOTECHNICAL, INC. HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE I JOB N0.100 672 SUMMARY OF LABORATORY TEST RESULTS SAMPLE LOCATION NATURAL NATURAL GRADATION PERCENT ATTERBERG LIMITS UNCONFINED BORING DEPTH MOISTURE ORV GRAVEL SANO PASSINO LIQUID PLASTIC COMPRESSIVE SOIL OR Cfeetl CONTENT DENSITY ('16) ('161 N0 •• 200 LIMIT INDEX STRENGTH BEDROCK TYPE ('16) (pell SIEVE 1961 '"'' CPSFI 2 2 15.2 118 Slightly Sandy Clay 4 2 13.4 117 Slightly Sandy Clay 5 5 19.6 108 93 33 14 Slightly Sandy Clay 6 10 17.6 109 Sandy Silt & Clay 7 5 13.5 112 Sandy Silt & Clay 8 5 15.9 113 79 25 7 Sandy Silt & Clay 9 10 13.6 112 Sandy Silt & Clay August 18, 2000 Bruce Lewis 0401 County Road l 49B Glenwood Springs, Colorado 81601 ilqrnortl1-l\m lak C1•(1f('<'lwic::!. i •1c. ;".1120 Conni\ l<oad is.: ( ;it~·n,,·nud SHdne~ ... { 'u]r1~-~~du i~~ ! L: Phone: <J(0 ... ~>.4:=:; .. 7cJg;, F:lx: 970-945-8-15 ... i ~;pg<''~,,,~·. J1; q!er 1t <.::.:!t.i,'! HH Job No. 100 672 Subject: Radiation Potential, Proposed Residential Development, Miller Property, 1577 County Road 335, Garfield County, Colorado Dear Mr. Lewis: As requested, we met with you and David Miller at the subject site to review the property with respect to radiation potential. The proposed development consists of about 6 single family residence lots on 35 acres. The property is located on an alluvial terrace about 50 feet above the Colorado River on the north and just below County Road 335 on the southeast. On the valley side slope to the southeast is colluvium and rock outcrop of the Wasatch and Ohio Formation. The project site is not located on geologic deposits that would be expected to have high concentrations of radioactive minerals. However, there is a potential that radon gas could be present in the area. It is difficult to assess future radon gas concentrations in buildings before the buildings are constructed. Testing for radon gas levels could be done when the residences and other occupied structures have been completed. New buildings are often designed with provisions for ventilation of lower enclosed areas should post construction testing show unacceptable radon gas concentration. If you have any questions or require further assistance, please call o.ur office. Sincerely, SLP/ksw Non-Technical Descriptions Soil Survey Area: 683 RIFLE AREA, COLORADO, PARTS OF GARFIEL Map unit: 3 Arvada loam, 1 to 6 percent slopes Description Category: SOI This deep, well-drained soil is on fans and high terraces. This soil formed in highly saline alluvium derived from sandstone and shale. The surface layer is strongly alkaline or very strongly alkaline loam about 3 inches thick. The subsoil is silty clay loam about 14 inches thick. The substratum is silty clay loam to a depth of 60 inches. Permeability is very slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is medium, and the erosion hazard is moder ate. Map unit: 40 Kim loam, 3 to 6 percent slopes Description Category: SOI This deep, well-drained soil is on alluvial fans and benches. This soil formed in alluvium derived from shale and sandstone. The surface layer is loam about 17 inches thick. The underlying material is loam to a depth of 60 inches. Permeability is moder ate, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is slow, and the erosion hazard is moderate. Map unit: 56 Potts loam, 6 to 12 percent slopes Description Category: SOI This deep, well-drained soil is on mesas, benches, and sides of valleys. This soil formed in alluvium derived from sandstone, shale, or basalt. The surface layer is loam about 4 inches thick. The subsoil is clay loam about 24 inches thick. The substrat um is loam to a depth of 60 inches. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is medium, and the erosion hazard is high. Friday, August 18, 2000 Page 1 o/2 Map unit: 58 Potts-Ildefonso complex, 12 to 25 percent slopes Description Category: SOI These soils are on mesas and sides of valleys. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The Ildefonso soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. Potts soil makes up about 60 percent of the map unit, and the Ildefonso soil makes up about 30 percent. Potts soil is deep and well-drained. The surface is loam about 4 inches thick. The subsoil is clay loam about 24 inches thick. The substratum is loam to a depth of 60 inches. Permeability is moderate, and available water capacity is high. Effective ro oting depth is 60 inches or more. Runoff is rapid, and the erosion hazard is high. Ildefonso soil is deep and well drained. The surface layer is stony loam about 8 inches thick. The underlying material is very strongly calcareous very stony loam to a depth of 60 inches. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Runoff is rapid, and the erosion hazard is high. Map unit: 65 Torrifluvents, nearly level Description Category: SOI This broadly defined unit consists of deep, well-drained to somewhat poorly drained soils on flood plains. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine s andy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam stratified with sand, gravel, and cobbles. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff. These soils are subject to brief, occasional flooding late in spring and early in summer. Permeability is moderately slow to moderately rapid. Available water capacity is low to high. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. Friday, August 18, 2000 Page2of2 Soil Interpretations C0683 -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Symbol 3 Map Unit Name ARVADA LOAM, 1 TO 6 PERCENT SLOPES Friday, August 18, 2000 Percent Component Name Interpretation 80 ARVADA ENG -Construction Materials; Topsoil ENG -Dwellings W/O Basements ENG -Dwellings With Basements ENG -Septic Tank Absorption Fields Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Poor Source of Topsoil No carbonate limitation No slope limitation No permafrost depth limitation Very limited Shrink-swell Very limited Shrink-swell Very limited Restricted permeability Page 1of9 Soil Interpretations C0683 -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Symbol 40 Map Unit Name KIM LOAM, 3 TO 6 PERCENT SLOPES Friday, August 18, 2000 Percent Component Name Interpretation ENG -Sewage Lagoons 85 KIM ENG -Construction Materials; Topsoil ENG -Dwellings W/O Basements ENG -Dwellings With Basements Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Somewhat limited Slope Fair Source of Topsoil No slope limitation No permafrost depth limitation No carbonate limitation Not limited Not limited Page 2 of 9 Soil Interpretations C0683 -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Symbol 56 Map Unit Name POTTS LOAM, 6 TO 12 PERCENT SLOPES Friday, August 18, 2000 Percent Component Name Interpretation ENG -Septic Tank Absorption Fields ENG -Sewage Lagoons 85 POTTS ENG -Construction Materials; Topsoil ENG -Dwellings W/O Basements Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Not limited Very limited Seepage Slope Fair Source of Topsoil No permafrost depth limitation No dense layer No carbonate limitation Somewhat limited Shrink-swell Page 3 of 9 Soil Interpretations C0683 -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Symbol Map Unit Name 58 POTTS-ILDEFONSO COMPLEX, 12 TO 25 PERCENT SLOPES Friday, August 18, 2000 Percent Component Name Interpretation ENG -Dwellings With Basements ENG -Septic Tank Absorption Fields ENG -Sewage Lagoons 60 POTTS Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Slope Somewhat limited Slope Very limited Slope Restricted permeability Very limited Seepage Slope Page 4of9 Map Unit Symbol Map Unit Name Friday, August 18, 2000 Soil Interpretations C0683 -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Percent Component Name Interpretation ENG -Construction Materials; Topsoil ENG -Dwellings W/O Basements ENG -Dwellings With Basements ENG -Septic Tank Absorption Fields Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Poor Source of Topsoil No dense layer No carbonate limitation No permafrost depth limitation Very limited Slope Shrink-swell Very limited Slope Very limited Restricted permeability Slope Page 5 of 9 Map Unit Symbol Map Unit Name Friday, August 18, 2000 Soil Interpretations C0683 -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Percent Component Name Interpretation ENG -Sewage Lagoons 30 ILDEFONSO ENG -Construction Materials; Topsoil ENG -Dwellings W/O Basements Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Very limited Seepage Slope Poor Source of Topsoil No permafrost depth limitation No dense layer No acidity limitation Very limited Slope Content of large stones Page 6 of9 Soil Interpretations C0683 -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Symbol Map Unit Name 65 TORRIFLUVENTS, NEARLY LEVEL Friday, August 18, 2000 Percent Component Name Interpretation ENG -Dwellings With Basements ENG -Septic Tank Absorption Fields ENG -Sewage Lagoons 85 TORRIFLUVENTS Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Very limited Content of large stones Slope Very limited Content of large stones Slope Very limited Slope Content of large stones Seepage Page 7 of 9 Map Unit Symbol Map Unit Name Friday, August 18, 2000 Soil Interpretations C0683 -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Percent Component Name Interpretation ENG -Construction Materials; Topsoil ENG -Dwellings W/O Basements ENG -Dwellings With Basements ENG -Septic Tank Absorption Fields Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Fair Source of Topsoil No slope limitation No permafrost depth limitation No carbonate limitation Somewhat limited Flooding Depth to saturated zone Very limited Flooding Depth to saturated zone Very limited Flooding Page 8 of 9 Map Unit Symbol Map Unit Name Friday, August 18, 2000 Soil Interpretations C0683 -Rifle Area, Colorado, Parts of Garfield and Mesa Counties Percent Component Name Interpretation ENG -Sewage Lagoons Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Depth to saturated zone Filtering capacity Very limited Depth to saturated zone Flooding Seepage Page 9 of9 Map Unit Symbol 3 40 56 58 65 Water Table Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Name ARVADA LOAM, 1TO6 PERCENT SLOPES KIM LOAM, 3 TO 6 PERCENT SLOPES POTTS LOAM, 6 TO 12 PERCENT SLOPES POTTS-ILDEFONSO COMPLEX, 12 TO 25 PERCENT SLOPES TORRIFLUVENTS, NEARLY LEVEL Percent Component Name None Identified None Identified None Identified None Identified 85 TORRIFLUVENTS Month April May June July August September Friday, August 18, 2000 Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Depth range (inches) 12 36 12 36 12 36 12 36 12 36 12 36 Page 1of1 Engineering Index Properties Soil Survey Area: C0683 Rifle Area, Colorado, Parts of Garfield and Mesa Counties Mapunit: 3 ARV ADA LOAM, 1 TO 6 PERCENT SLOPES Component: ARVADA % ofMapunit 80 Hydrologic Group D Frost Action: Low Corrosivity to Concrete: Low Depth in inches 0 3.1 3.1 17 17 60 Fragments% >JO 3-JO 0 0 0 0 0 0 0 0 0 0 0 0 i I Percentage passing sieve #4 #JO #40 100 100 100 100 85 95 100 100 100 100 95 100 100 100 100 100 95 100 #200 60 75 85 95 85 95 Liquid Limit 25 30 40 45 40 45 Mapunit: 40 KIM LOAM, 3 TO 6 PERCENT SLOPES Component: KIM % of Mapunit 85 Hydrologic Group B Frost Action: Low Corrosivity to Concrete: Low Depth in inches 0 17 17 60 Fragments% >JO 3-JO 0 0 0 0 0 0 0 0 Percentage passing sieve #4 #JO #40 100 100 100 100 85 95 100 100 100 100 I 85 95 i i I #200 60 75 60 75 Liquid Limit 25 30 25 30 Mapunit: 56 POTTSLOAM,6T012PERCENTSLOPES Corrosivity to Steel: High Plasticity Index 5 10 20 25 20 25 Classification Unified AASHTO ! CL-ML A-4 CL A-4 CL A-7 CL i A-7 Corrosivity to Steel: Moderate Plasticity Index 5 10 5 10 Classification Unified AASHTO CL A-4 CL-ML A-4 CL A-4 CL-ML A-4 Friday, August 18, 2000 Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Page 1of3 Component: POTTS % of Mapunit 85 Hydrologic Group B Frost Action: Low Corrosivity to Concrete: High Depth in inches 0 3.9 3.9 28 28 60 I Fragments% >JO 3-10 o o I 0 0 0 0 0 0 0 0 0 0 Percentage passing sieve #4 #JO #40 100 100 100 100 85 95 100 100 100 100 90 100 100 100 100 100 85 95 #200 60 75 70 80 60 75 Liquid Limit 25 30 30 40 25 30 Corrosivity to Steel: High Plasticity Index 5 10 10 20 5 10 Classification Unified AASHTO CL A-4 CL-ML A-4 CL A-6 CL A-4 CL-ML A-4 Mapunit: 58 POTTS-ILDEFONSO COMPLEX, 12 TO 25 PERCENT SLOPES Component: POTTS % of Mapunit 60 Hydrologic Group B Frost Action: Low Corrosivity to Concrete: High Depth in inches Fragments% Percentage passing sieve Liquid Limit >JO 3-JO #4 #JO #40 #200 0 3.9 o o I 0 0 100 100 100 100 85 95 I 60 75 i 25 30 3.9 28 0 0 0 0 100 100 100 100 90 100 70 80 30 40 28 60 0 0 0 0 100 100 100 100 85 95 60 75 25 30 Corrosivity to Steel: High Plasticity Index 5 10 10 20 5 10 Classification Unified AASHTO CL-ML A-4 CL A-4 CL A-6 CL-ML A-4 CL A-4 Friday, August 18, 2000 Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Page2o/3 Component: ILDEFONSO % of Mapunit 30 Hydrologic Group B Frost Action: Low Corrosivity to Concrete: Low Corrosivity to Steel: Moderate Depth in inches 0 7.9 7.9 60 i Fragments% >JO 3-JO 5 1 10 20 25 1 I 0 50 Percentage passing sieve #4 #JO #40 #200 75 95 70 90 60 75 50 65 45 90 40 85 35 80 25 65 Mapunit: 65 TORRIFLUVENTS, NEARLY LEVEL Liquid Limit 25 30 20 30 Component: TORRIFLUVENTS % of Mapunit 85 Plasticity Index 5 10 0 10 Classification Unified AASHTO CL A-4 CL-ML A-4 GM A-2 SM A-4 SM A-2 SC-SM A-4 GM A-4 GC-GM A-4 GC-GM A-2 SC-SM A-2 Hydrologic Group D Frost Action: Low Corrosivity to Concrete: Moderate Corrosivity to Steel: High Depth in inches 0 36 36 60 Fragments% >JO 3-10 0 0 0 0 0 0 5 10 Friday, August 18, 2000 Percentage passing sieve #4 #JO #40 100 100 100 100 85 95 95 100 90 95 50 60 #200 60 75 5 15 ; Liquid Limit 25 30 I I I Plasticity Index 5 10 0 0 Soil Survey information downloaded from National Soil Information System (NASIS}, USDA Natural Resources Conservation Service Classification Unified AASHTO CL-ML A-4 SP-SM A-2 SM A-2 Page3 o/3 0 hysical and Chemical Properties Soil Survey Area: C0683 Rifle Area, Colorado, Parts of Garfield and Mesa Counties Mapunit: 3 ARV ADA LOAM, 1 TO 6 PERCENT SLOPES Component: ARVADA Percent of Mapunit: 80 Depth in Clay inches % 0 3 15 27 3 17 35 40 17 60 I 30 40 I Map unit: 40 Component: KIM Depth in Clay inches % 0 17 15 25 17 60 15 25 Average Organic Waterholding Matter Permeability Capacity % in/in 0.5 : I 4.2 42 0.13 0.16 0.5 0.4 1.4 0.15 0.18 0 0.51 0.4 1.4 0.1 0.13 Moist Bulk Density glee 1.25 1.4 1.15 1.3 1.15 1.3 pH 7.9 9 8.5 11 7.9 9 KIM LOAM, 3 TO 6 PERCENT SLOPES Percent of Mapunit: Average Organic Waterholding Moist Bulk Matter Permeability Capacity Density % in/in glee pH 0.5 1 4.2 42 0.14 0.17 I 1.25 1.4 7.4 8 0.5 1 4.2 42 0.14 0.17 11.25 1.4 7.9 8 Calcium Carbonate Salinity % mmhoslcm 5 10 0 4 5 10 0 4 I 5 10 4 16 85 Calcium Carbonate Salinity % mmhoslcm 5 15 0 0 5 15 0 0 I : ' Gypsum % 0 0 0 1 0 2 Gypsum % 0 0 0 0 7 riday, August 18, 2000 Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Page 1of3 1apunit: 56 POTTS LOAM, 6 TO 12 PERCENT SLOPES Component: POTTS Percent of Mapunit: 85 Depth in Clay inches % 0 4 10 20 4 28 27 34 28 60 15 25 Mapunit: 58 Average Organic Waterholding Matter Permeability Capacity % in/in 1 2 4.2 42 0.14 0.17 0.5 1 1.4 4.2 0.17 0.2 0 0.5 4.2 42 0.14 0.17 Moist Bulk Density glee 1.25 1.4 1.25 1.4 1.25 1.4 pH 7.4 8 7.4 8 7.9 9 Calcium Carbonate Salinity % mmhos/cm 0 2 I 0 0 0 5 0 0 5 15 0 2 POTTS-ILDEFONSO COMPLEX, 12 TO 25 PERCENT SLOPES Gypsum % 0 0 0 0 0 0 Component: POTTS Percent of Mapunit: 60 Average Organic Waterholding Depth in Clay Matter Permeability Capacity inches % % in/in 0 4 10 20 I 1 2 4.2 42 0.14 0.17 4 28 27 34 0.5 1 1.4 4.2 0.17 0.2 28 60 15 25 0 0.5 4.2 42 0.14 0.17 i Moist Bulk Density glee 1.25 1.4 1.25 1.4 1.25 1.4 Calcium Carbonate Salinity Gypsum pH % mmlwslcm % 7.4 8 0 2 0 0 0 0 7.4 8 0 5 0 0 0 0 7.9 9 5 15 0 2 0 0 I Component: ILDEFONSO Percent of Mapunit: 30 Depth in Clay inches % 0 8 15 25 8 60 15 25 Friday, August 18, 2000 Average Organic Waterholding Calcium Matter Permeability Capacity Carbonate Salinity % in/in Moist Bulk Density glee pH % mmhoslem Gypsum % 1 0.5 21 4.2 42 I 0.1 0.13 1.25 1.4 7.4 8 5 I I 1 ! 4.2 42 0.07 0.09 1.25 1.4 7.9 8 15 ! i Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service 15 0 2 0 0 35 0 4 0 0 ! Page2of3 1apunit: 65 TORRIFLUVENTS, NEARLY LEVEL Component: TORRIFLUVENTS Percent of Mapunit: 85 Depth in inches 0 36 36 60 Clay % 15 26 0 3 r:<riday, August 18, 2000 Organic Matter Permeability % 0.5 1 4.2 14 0 0.5 140 705 I I Average Waterholding Capacity in/in 0.16 0.2 0.04 0.06 Moist Bulk Density glee 1.35 1.4 I 1.5 1.65 I pH 7.9 8 7.9 8 Calcium Carbonate % 1 5 1 5 Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Salinity mmhoslcm 2 8 0 2 Gypsum % 0 1 0 1 Page3o/3 Restrictions Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Symbol Map Unit Name Percent Component Name Restriction Type 3 ARVADA LOAM, 1 TO 6 PERCENT SLOPES 80 ARVADA None identified 40 KIM LOAM, 3 TO 6 PERCENT SLOPES 85 KIM None identified 56 POTTS LOAM, 6 TO 12 PERCENT SLOPES 85 POTTS None identified 58 POTTS-ILDEFONSO COMPLEX, 12 TO 25 PERCENT SLOPES 65 TORRIFLUVENTS, NEARLY LEVEL Friday, August 18, 2000 60 POTTS None identified 30 ILDEFONSO None identified 85 TORRIFLUVENTS None identified Soil Survey information downloaded from National Soil Information System (NASIS), USDA Natural Resources Conservation Service Depth range (inches) Page 1of1 K . ' VEGETATION MANAGEMENT PLAN FOR GILEAD GARDENS The vegetation management plan for the Gilead Gardens is designed to establish and maintain a desirable native plant community while controlling noxious weeds. This management plan is designated for all common areas including roadsides, open space, and utility easements. Recommended control measures for weedy species will include cultural, mechanical, chemical, and biological techniques. It is our recommendation that chemical control be limited to the maximum extent possible and only reserved for large outbreaks of noxious weeds. Site Vegetation Characterization The Gilead Gardens is located in Garfield County, near Silt, Colorado and falls within the Western Plateau and Canyon Region of Colorado. This region lies west of the Continental Divide and below 8,000 feet. It is geographically and vegetationally complex. Flat layers of sedimentary rock forming extensive highland areas characterize this region. Sixty percent of the annual precipitation falls October -April. The site can be characterized as a western slope grassland. Dominant species of a western slope grassland usually include wheat grass, rice grass, and june grass. Other grasses noted during the site walk were crested and slender wheat grass, red clover, and dune grass. DOMINANT GRAMINOIDS ON GILEAD GARDENS F estuca arizonica Arizona Fescue Agropyron cristata Crested Wheatgrass Phleum prateuse Timothy Koeleria cristata June grass Soil Characterization Information about soils is provided by soil surveys from the United States Department of Agriculture Soil Conservation Service. There are two types of soils associated with the Gilead Gardens. The primary soil type is Kim loam, found in the northern and eastern portions of the property in lots 1, 2, 6, 7, and 8. This is a deep well-drained soil formed in alluvium derived from shale and sandstone. The native vegetation usually found on this soil includes wheatgrass, needle-and-thread, and sagebrush. The second soil type is Arvada-Torrifluvents-Heldt, charactrized, found in the southern and western portions of the property in lots 3, 4, and 5. A deep and well drained to somewhat poorly drained on alluvial fans and flood plains. This soil is formed in mixed alluvium. The surface layer and subsoil are clay loam, and the substratum is clay. The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC - 1 - Noxious Weed Characterization During the noxious weed survey, Beach Environmental LLC did not note any extensive outbreaks of weeds. Small communities of Crested Thistle, Field Bindweed, Russian Knapweed, Volunteer Rye, Leafy Spurge, Common Burdock, Rush Skeltonweed, and Oxeye Daisy, were found. Due to the aggressive nature of these weeds, the vegetation management plan has established guidelines to help control the spread of these species. These guidelines are produced from recommendations provided by the Native Plant Revegetation Guide for Colorado, a guide published by Colorado Natural Areas Program, Colorado State Parks, and Colorado Department of Natural Resources and recommended by Garefield County for planning purposes. Other resources such as the Pitkin County Weed Management Plan and the Colorado Weed Management Association were used for supplemental information. Common Burdock (Arctium minus) Description: Common Burdock is a member of the Aster family, thistle tribe. It is an introduced biennial that reproduces by seeds. In the first year of growth this plant >.!tl.f'li,~,· forms a rosette. The second year, this plant is erect. The stem is stout, grooved, rough, has multiple branches, and grows 2- 6 feet tall. The leaves are alternate, dark green, smooth above, whitish green hairy beneath. The flowers are purple or white in numerous heads. The head is enclosed in a prickly bur, composed of numerous smooth or wooly bracts tipped with hooked spines. It grows along roadsides, ditch banks, and neglected areas. Initial growth of the species begins in middle to late May. In non-flowering individuals, a full set of leaves is normally produced by late June, though smaller leaves may continue to be produced well into the summer. Flowering individuals show the first clear signs of bolting by the second week of June. The developing inflorescence is fully exposed by the end of June. Flowers first appear in mid- July, though flowering continues well into September. Each bur holds an average of about 40 seeds, and over 100 burs can be produced per plant. Cultural Control: Native plantings and minimizing soil disturbance will discourage this weed from seeding. Mechanical Control: Mowing and cutting of top growth is effective in reducing the number of flowers and burs that will develop. Additionally, hand pulling before flowering and seeding will weaken the week. Flowering plants must be removed from site and burned or bagged to decrease the seed bank in the soil. The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -2 - Chemical Control: This weed has shown resistance to the pesticide monuron-TCA. Chemicals should be used before bud formation. Biological Control: None currently available. Russian-olive (Elaeagnus angustifolia) Description: This fast growing tree has silvery green leaves and long thorns. The fruit is olive shaped. A European native, Russian-olive has been widely sold in Colorado as an ornamental shade tree. Along some streams, Russian-olive has completely replace native woody vegetation such as cottonwoods, thus reducing the amount and quality of wildlife habitat. Management Methods: Russian olive trees can be controlled by either cutting the trees down and treating the stumps with herbicide, or pulling the tree out of the ground when it is young. The cutting method should be used on trees larger than two inches (5 centimeters) in diameter. Cut the Russian olive trees within four inches (10 centimeters) of the ground. Within five minutes of cutting, treat the stumps with an herbicide. Chemical Control: Appropriate herbicides to use would include Garlon, the premixed product Pathfinder and Rodeo. Garlon decomposes rapidly after application, in a day or less in sunlit water and approximately two weeks to two months in soil. Rodeo (glyphosate) is specified for use in riparian or wetland habitats. Monitor and implement follow-up treatment as needed. Follow-up treatments are best completed the following June before any possible resprouts have time to grow. Retreated areas should be monitored every 6 months until complete mortality is ensured. Care should be taken not to introduce any herbicide into adjoining waters. Trees less than about two inches (5 centimeters) in diameter can be wrenched out of the soil be means of a weed winch. Removal of small Russian olive trees will be easier when the soil is moist so that the majority of roots can be extracted. The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -3 - Volunteer Rye (Secale cereale L.) Description: Volunteer rye is commonly called common or annual rye. This weed is thought to be an annual that was derived from a perennial native in southwestern Asia. The blade is tall, narrow and covered with short hair. Spikes are 4-6 inches long and are long- bearded and flowers June-July. Reproduction is largely through seed. Cultural Control: Cultivations with annual crops has helped control Volunteer rye. Mechanical Control: Plowing at least 6 inches deep will bury seed and control as much as 90 percent of the Volunteer rye. Chemical: Roundup has been found to effectively control volunteer rye. The Roundup should be mixed at a 33 percent concentration or 1 gallon with 2 gallons of water. Do not add a surfactant. Biological Control: None currently available. The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -4 - Scotch Thistle (lbioiradyn acabtguym) Description: Scotch thistle is a massive biennial thistle introduced from Eurasia. During its first year it develops a large spiny rosette, eliminating potential competing plants around its taproot by shading. In the second year Scotch thistle may grow 5 feet in diameter with branched flower stems 8 feet tall. The leaves are lobed with spiny margins that extend down the stems as spiny wings. The entire plant appears grayish-green because of a covering of fine white hairs. Purple flower heads are 1 to 2 inches in diameter with stiff spiny bracts. Scotch thistle differs fro musk thistle in the upright flower heads and the leafy stems below the flower heads. It is often found along roadsides and stream courses, invading waste areas, pasture and rangeland. Dense infestations create a barrier to livestock and recreationists. Cultural Control: Native plantings and minimizing soil disturbance will discourage this weed from seeding. Mechanical Control: Mowing and cutting of top growth is effective in reducing the number of flowers and burs that will develop. Additionally, hand pulling before flowering and seeding will weaken the week. Flowering plants must be removed from site and burned or bagged to decrease the seed bank in the soil. Chemical Control: This weed has shown resistance to the pesticide monuron-TCA. Chemicals should be used before bud formation. Biological Control: None currently available. The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -5 - Oxeye Daisy (Chrysantheum leucanthemum) Description: Oxeye Daisy, a member of the Sunflower family, is an erect perennial plant with white ray and yellow disk flowers which bloom from June through August. A native of Eurasia, this aggressive plant has escaped cultivation and become a troublesome weed in the Intermountain West. Oxeye Daisy is still transplanted as an ornamental despite its tendency to crowd out more desirable vegetation. This plant is designated as a noxious weed in the state of Wyoming and Colorado. Alternatives to planting Oxeye Daisy include: native daisies, Black-eyed Susan, and Blanket Flower. Cultural Control: The seeds of the oxeye daisy are small and germination rates are much lower in areas dense with native vegetation. Mechanical Control: Pulling or cutting the oxeye daisy can stimulate growth if the weed is in flowering stage. Mowing prior to flowering can reduce seed production, but must be done multiple times to control growth. Tillage is not recommended due to the rhizomatous growth and high seed production. Chemical: A non-selective herbicide used as a spot treatment will kill it on contact. The most effective control is chemical, although this is still difficult due to the lack of leafy structure on this weed. Biological Control: None currently available. The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -6 - Russian Knapweed (Acroptilon repens L.) Description: Russian knapweed is a member of the Aster family, Thistle tribe and is a creeping perennial introduced from Europe. It reporduces by seed and creeping, horizontal roots. Roots, which are both vertical and horizontal in the soil, may or may not be black with a scaly appearance. The ridged stems are erect, rather stiff, branched, and one to three feet high. Young stems are covered with soft gray hairs or nap. The upper leaves are small and narrow with broken edges. Leaves attached midway up the stem have slightly toothed margins, while basal leaves are deeply notched. The flowers are thistle-like, solitary, terminal, 1/3 to 1/2 inch in diameter and lavender to white. The plant flowers in June to August and seed is produced in later summer to early fall. Russian Knapweed is a serious noxious weed. It is very difficult to control or eradicate once it becomes established. It grows in cultivated fields, along ditch banks, fence rows, roadsides, and in waste places. It is distributed throughout Colorado, except in eastern plains areas, and is especially prevalent on the Western Slope from 4,500 to 11,000 feet. It is also very poisonous to horses. Cultural Control: The most effective way to prevent invasion of this noxious weed is to revegetated disturbed areas as soon as possible. Mechanical Control: None available. The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -7 - Chemical: Various chemicals -herbicides have worked with dicamba, picloram and glyphosate providing good effective control results, 2, 4-D has poor control results. Biological Control: Has one approved agent with unknown effectiveness. Leafy Spurge (Euphorbia esula L.) Approximately one-acre of pasture has been infected with Leafy spurge, an extremely noxious weed of the United States. Its tolerance for a wide range of temperatures and soils coupled with its extensive root system makes this a devastating weed to natural ecosystems. It has been shown that this weed can be effectively controlled with chemicals. However, due to the environmental ramifications of chemical treatment, this is not the preferred method. Studies have shown that biological control, when applied over a period of years can effectively control leafy spurge outbreaks. If time is a variable that is acceptable, than this is the recommended method, as it has the least amount of environmental impacts. If length of time is not a variable we can work with, then other methods, including the use of bio-friendly pesticides in combination with biological control can be effective in controlling leafy spurge. Both these options will be reviewed. WEED DESCRIPTION Leafy Spurge (Euphorbia esula) is an erect, hairless plant approximately 1-3 feet tall. This weed usually forms dense clumps via cloning of its persistent and spreading root system. All parts of the plants contain a milky substance .... Leaves are alternate, narrow and 2-8 cm long. The flowering cluster is terminal and is surrounded by a whorl of small narrow leaves at its base. The flowers are small, and bear four yellowish-green nectar glands around its top. The flower develops into a 3-lobed capsule with a single seed in each chamber. When espoused from the capsule, this seeds can travel up to 16 feet. The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -8 - HABITAT Leafy Spurge survives in a wide variety of substrates, tolerating both sandy and heavy clay soils. Leafy Spurge is usually found on agricultural lands such as pasture, and grain fields. BIOLOGY Sexual reproduction is primarily through cross-pollination by a broad range of insects. Self-pollination has also known to occur. Flowering of Leafy Spurge usually begins in May and continues until mid-July. Seeds are not mature until 30 days after the last flowers appear. One flowering cluster can produce up to 50 capsules or 150 seeds and can be hurled 16 feet from the capsule upon maturation. On average, approximately 2400 seeds per square meter are produced. Birds, insects, and other animals can also disburse seeds. Seeds lose about 13% of their vitality each year, but can survive 5-8 years in the soil. The root system of leafy spurge consists of major horizontal and vertical roots. The vertical taproots usually extend down 8 feet into the soil, but some may penetrate up to 30 feet. The roots store an incredible amount of food, so they are quite hardy, drought tolerant, and are difficult to eradicate through cultivation. Clones can be reproduced through the root system, and can spread at a rate of over 3 feet per year. Additionally, roots secrete allelopathic chemicals that inhibit the growth of neighboring plant root systems. ENVIRONMENTAL AND ECONOMIC IMPACTS Leafy Spurge is considered to be one of the most noxious and costly weeds in North America. The cost of annual losses due to leafy spurge has been estimated to be over $92 million dollars. Infested sites degrade habitat for elk, deer, and bison. The milky sap is also harmful and an irritant to humans, horses, and cattle. It also can displace native plant species due to its allelopathic release of root-inhibiting chemicals. CHEMICAL CONTROL Using chemical control alone will require multiple applications of herbicides. Additionally, the most effective herbicides for leafy spurge are those that are quite damaging to the natural environment. 2,4-D was found to be effective after several applications, especially prior to bud development. Picloram is also effective and can achieve effective control in 3-5 years of application. Combining 2,4-D and Picloram has shown a synergistic effect for controlling Leafy Spurge. The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC - 9 - Dicamba and Glyphosate (Roundup) also has been useful to control Leafy Spurge. Glyphosate is the most environmentally friendly herbicide due to its mild toxicity and its fast biodegradability. If chemical control is used, it is recommended that only Glyphosate be used. BIOLOGICAL CONTROL The use of Biological Control is recommended in natural areas and is what we recommend for the control of Leafy Spurge on the Two-Mile Ranch. Biological control can include the use of: smother crops, grazing, and release of beneficial insects. Integrated control using a variety of these methods will be most effective. Smother Crops -Close drilled forage sorghum or soybeans eliminated leafy spurge in two years. Cultivation for a short season followed by a fall-seeded bromegrass reduced populations by 95%. Two cultivated forms of perennial grass, Russian Wild rye and Pubescent wheatgrass have been shown to control leady spurge four years after establishment. Grazing-Leafy spurge is known to be grazed by both sheep and goats. Sheep have been shown to be the most effective for controlling leafy spurge. Continuous grazing by sheep from May-September for a period of five successive years has resulted in a 98% reduction of leafy spurge. If grazing is not continued for this amount of time, only temporary control is achieved. Insect Control USDA officials have already cleared 5 species of insects from Europe for release in the U.S. Together, these spurge enemies make a good team for fighting leafy spurge because they attack different parts of the plant. Some feed on the leaves; others attack the shoot tips; still others feed on the stem, the root crown, and the deep secondary roots. Each attack weakens the plant in a different way, thereby exerting a cumulative stress on the weed. These insects can be purchased from: Biological Control of Weeds 1418 Maple Drive Bozeman, Montana 59715 (406) 586-5111 biocontrol@rnontana.carnpus.rnci.net Stem and Root Boring Beetle The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -10 - The first of the five introduced insects is a cerambyciid long-homed beetle, OBEREA ERYTHROCEPHALA Shrank, which comes from Hungary and Italy. Adults are reddish brown. Females lay an average of 60 eggs and live 3-8 weeks. The adult feeds on the outside of the plant and girdles the stem. The larval stage of the insect bores into the stem and root crown, feeding from inside the plant. The overall effect is to reduce the carbohydrate reserves stored in the roots. Root Mining Flea Beetles Three species of chrysomelid flea beetles from Austria, Hungary, Italy, and Yugoslavia contribute to the attack on leafy spurge. They get their name from an ability to hop like fleas to escape their enemies. APHTHONA FLA VA Guill. is yellowish as an adult and hard to distinguish from A. CYPARISSIAE (Koch), a close relative. The latter more often has dark brown to black gradations in its coloring. A. CZWALINAE (Weise) is black. All lay their eggs on spurge stems, about 250 eggs per female. Adults live up to three months and feed on the leaves of the weed. The larvae cause even more damage to spurge, mining the primary and secondary roots as well as the fine root hairs, disrupting the vascular tissues. Shoot-Tip Gall Midge This tiny cecidomyiid midge, BAYER/A CAPITIGENA Bremi, is dark to almost black and was imported from Italy. Females live only 24-36 hours and lay an average of 73 eggs on the shoots of leafy spurge. The species can produce 3-5 generations in a single growing season. Larvae feed on the shoots and stimulate the plant to form a tumorlike gall on the shoot tips. This gall keeps shoots from forming flowers or seeds. Fire The use of fire combined with herbicide or biological control has been effective on the control of Leafy spurge. Leafy spurge has shown to be more susceptible to herbicides and biological control after a bum. Planting and Weed Control Schedule It is important that the weed control schedule remains flexible and is able to accommodate a variety of weeds. The weed manager is responsible for identifying outbreaks and if necessary, redesigning the schedule to control that particular weed. Once weeds are removed, it is important to reintroduce site appropriate native vegetation. This will help prevent the return of weeds to that area. Revegetation with native seed materials will occur annually during planting season. Seeds should be planted within two weeks of shipment. The revegetation site shall be prepared and wetted down prior to The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -11 - planting. Additionally, supplemental watering shall occur after planting to ensure a high survival rate of native seeds. This can be accomplished through on-site irrigation. Plant Material List for Revegetation Planting Plant materials will be provided by local seed companies whom will recommend a seed mixture for Gilead Gardens for revegetation planting. It is recommended that native materials be used to the most practicable extent possible. Plant materials to be used for revegetation planting will be native grasses either taken on-site or purchased from a local plant nursery such as: Rocky Mountain Native Plants Company 2730 Snowmass Creek Road Pawnee Buttes Seed Inc. 605 25th St. Snowmass Colorado 81654 970 927-0925 Greeley, Colorado 80632 1-800-782-5947 Proposed species to be used are the dominant granimids already present on-site and may include a mixture of native grass or one or more of the following: PLANT MATERIAL LIST FOR THE GILEAD GARDENS Stipa viridula Green needlegrass Kueleria cristata Junegrass F estuca arizona Arizona fescue Paa fendleriana Mutton grass Agropyron trachycaulum Slender wheatgrass Bronius marginatees Mountain brome *These species were recommended as a mixture for pasture/grasslands from Rocky Mountain Native Plants. Weed Control Service Pesticide application will be provided for by a local weed control service company in the Roaring Fork valley, including but not limited to: Gallagher Agriculture Services 7348 County Rd 331 Silt Mountain Lawn 3758 Hwy 82 Glenwood Springs Roaring Fork Vegetation Management CO. El Jebel 0286WEEDMAN.DOC The Gilead Gardens Vegetation Management Plan Beach Environmental, LLC -12 - 876-2864 945-9333 963-9723 BEACH RESOURCE, LLC 715 WEST MAIN STREET SIDTE304 ASPEN, CO 81611 P .H.(970-925-3475 F AX(970}925-4754 PROJ. NO: 0211 New Castle Quadrangle SITE VICINITY MAP SCALE: DWG NO: 1:24000 topamap DRAWN BY: MC Giiead Gardens Slit, Colorado \ \ \ \ GREENHOUSE L E G E N D: -SCOTCH THISTLE m CRESTED WHEAT GRASS ~ BLUE SAGE ~ FIELD BINDWEED ~w ESTERN BURDOCK M@fN RUSSIAN KNAPWEED VOLUNTEER RYE LEAFY SPURGE PLANT RUSSIAN OLIVE APHELIA RABBIT BRUSH COMMON BURDOCK SEDGE AND RUSH SKELETONWEED ~~~ WILLOW SWEET CLOVER MKt~M ALF ALFA ~~ MUSTARD FILLED BINDWEED DAISY OXEYE DAISY F::: =1 CATTAIL 11111 COLORADO JUNCOS ~ MUSTARD ~ SNOWBERRY BUSHES [ff.!~ WESTERN HEMLOCK rn c CD ~ c "o "'C 0 Cl CD • --E~ I •• ,c 51 ~ 0 -hf If n ~ . Garfield County Planning Department GIS Resources: Colorado Division of Wildlife WRIS Data Checklist for: G I LCl'\il) c;Af<.O~ &8 DI\/ ;.w-. 13, liE'KILS Rob Hykys, G!S Analyst, garcopln@rotnet 970..945-8212, FAX: 970..945-7785 01J03/0010:35 AM Note: For interpretation of this data, contact Pam Schnurr, Wildlife Biologist, Colorado Division of Wildlife, Grand Junction, at 970-297-1192. Wildlife habitat lies: Bald Eagle Active Nest Site Bald Eagle Winter Range Black Bear overall Range Black Bear-Human Conflict Black Bear Fall Concentration Area Black Bear Summer Concentration Area Bighorn Migration Patterns Bighorn Overall Range Bighorn Winter Range Bighorn Winter Concentration Area Bighorn Summer Range Bighorn Production Area Boreal Toad Canada Goose Brood Concentration Area Canada Goose Feeding Area Canada Goose Production Area Canada Goose Wintenng Area Canada Goose Winter Concentration Area Chukar Colo River Cuthroat Trout Elk Migration Corridors Elk Winter Range Elk Winter Concentration Area Elk Severe Winter Range Elk Overall Range Elk Summer Range Elk Summer Concentration Area Elk Production Area Golden Eagle Nest Site Golden Eagle Nest Unknown Status Great Blue Heron Nesting Area Kitfox Potential Habitat Kitfox Field Sightings Lynx Mule Deer Migration Patterns Mule Deer Winter Range Mule Deer Winter Concentration Area Mule Deer Severe Winter Range Mule Deer Overall Range Mule Deer Summer Range Mule Deer Resident Population Area Mule Deer Highway Crossing Native Fish% Osprey Active Nest Site Entirely Partly Within Out in Area in Area 1 Mile of Area -. 7 *· WFi.t-, s?O r lZfC_, fl\IS , F115 1 "'Et+_s l{Oc.hJTF\lN ~\.11rEP'/S~ 5?€Cl<LE'D O~E Koo"1i::>n41L C.~l/t. ) I 1 SC..lJLPf~. FLATJf.fa /.{<.J.Jnf Svc.Jle"Q. "&v8-h:::l'\-D ScJckFTJ 1-CJ-or Wildlife habitat lies: Peregrine Falcon Active Nest Peregrine Falcon Nesting Area Peregrine Falcon Migratory Hunting Habitat Pronghorn Antelope Overall Range Pronghorn Antelope Winter Range Pronghorn Antelope Winter Concentration Area Ptarmigan Potential Habitat Raptors Razorback Sucker River Otter Overall Range Sage Grouse Brood Area Sage Grouse Overall Range Sage Grouse Production Area Sage Grouse Winter Area Wild Turkey Overall Range Wild Turkey Production Area Wild Turkey Winter Range Wilc:f Turkey Winter Concentration Area V\(jld Turkey Roosting Sites Wolverine Possible Sighting Entirely Partly in Area in Area Within 1 Out Mile of Area z L BOUNDA: IES UNLIMITf1 INC. March 3, 2003 David and Renee Miller 1577 County Road 335 New Castle, CO 81647 Re: Gilead Gardens -Wiidfire Mitigation Plan BU File# 2001.01 Dear David & Renee: Per your request, the following wildfire evaluation and mitigation plan has been completed for the proposed Gilead Garden development in order to reduce the wildfire hazards to the proposed residential development. The proposed nine lot subdivision is located along the south side of the Colorado River between Silt and New Castle, approximately 3.5 miles west along Colorado River Road (CR 335) of the I- 70 New Castle Interchange. The two single-family residences, currently occupying two of the proposed nine lots, are serviced with a total of three existing accesses onto CR 335. The majority of the property is gently sloping, irrigated pastureland, which lies approximately twenty-five vertical feet above the south bank of the Colorado River. Two existing residential structures (and associated out-buildings) are located at opposite comers of the property near County Road 335. Approximately 4 acres of the northern portion of the property, lies mostly within the Colorado River's 100-year flood plain and is moderately vegetated with trees and brush. The proposed residential lots, ranging from 2. 0 to 7. 0 acres in size, are laid out and sized in a manner where historic irrigation and drainage patterns can be maintained. Building envelopes for each of the nine lots are sized and spaced with the intent of maintaining a rural atmosphere that provides views, privacy, and the passage of wildlife. Wildfire fuel sources are classified as light, moderate and heavy. Grasses are rated as light fuels, shrubbery and sage are rated as moderate fuels, and trees are rated as heavy fuels based on the intensity of the fires they produce. Ladder fuels are vegetative materials that provide vertical continuity from the ground surface up into the branches of trees. The continuity of the fuel source is the measure of the fuel hazard that includes horizontal and vertical continuity. Ground slopes increase the continuity and the fuel hazard. Currently, the proposed building sites can be classified as light fuel hazard due to the pastureland. 923 Cooper Ave, Ste. 102, Glenwood Springs, CO 8160 I Ph: (970) 945-5252 Fx: (970) 384-2833 March 3, 2003 David & Renee Miller Page2 -----------------------------------------------, Wildfire mitigation measures for this site shall include landscape design criteria and maintenance practices with the intent to limit horizontal and vertical continuity. The following landscape design standards shall be implemented: Trees greater than 15 feet in height at maturity shall have a minimum spacing of 10 feet between the edges of the crown. Dead trees shall be cleared and removed. Spacing between clumps of brush and/or shrubs should be 2.5 times the height of the vegetation. The maximum diameter of the brush and/or shrub clumps should be 2 times the height of the vegetation measured at the crown of vegetation. All ladder fuels should be removed from under brush, shrubs and the tree canopies. Non-combustible ground cover (gravel) should be placed under trees, brush and shrubs to the edges of the crown or the vegetation should be pruned to a height of 10-feet above the ground or 1h the height of the plant, whichever is the least. Lawns should be kept to a maximum height of 4 inches. Brush should be removed around the perimeter of all residential structures for a distance of 2. 0 times the height of the brush or completely removed with 10-feet of any residence and trimmed down to a height less than 5-feet within 20-feet of any residence. Even though the proposed building sites can be classified as a light fuel hazard due to the pastureland, applying the above listed mitigation measures can greatly reduce wildfire hazard risk to the proposed residences. Please contact me at 945-5254 with any questions you may have. ce D. Lewis, P.E. Project Manager BDL/soe DECLARATION OF PROTECTIVE COVENANTS FOR THE Gilead Gardens Subdivision Revised August 27, 2001 TABLE OF CONTENTS ARTICLE I. PURPOSE OF COVENANTS ................................... 1 ARTICLE II. OWNERS -HOMEOWNERS ASSOCIATION ................... 1 A. Membership. . ................................................. 1 B. Purpose ....................................................... 1 ARTICLE III. USE RESTRICTIONS ......................................... 2 A. Permitted Uses. . ............................................... 2 B. Accessory Dwelling Units ........................................ 2 C. Duplexes/Multi-Family Structures ................................ 2 D. Outbuildings ................................................... 2 E.. Common Area. . ............................................... 2 ARTICLE IV. ARCHITECTURAL COMMITTEE ............................. 3 A. Architectural Committee ........................................ 3 B. Approval by Architectural Committee ............................. 3 C. Improvements -Site Location .................................... 4 D. Building Permit ................................................ 4 E. Variances ...................................................... 4 F. General Requirements ........................................... 5 1. Materials and Landscaping .................................. 5 2. Site Location .............................................. 5 3. Fencing .................................................. 5 4. Lighting ................................................. 6 5. ISDS Design and Performance Standards ....................... 6 6. Drainage Limitation ...................................... 7 G. Preliminary Approvals. . ......................................... 7 H. Architectural and Site Development Plans .......................... 7 I. Architectural Committee Not Liable ............................... 8 J. Written Records ................................................ 8 K. Authority to Promulgate Rules and Regulations ..................... 8 Revised August 27, 2001 ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS .............. 8 A. No Further Subdivision ...................... · ................... 8 B. Domestic Animals .............................................. 8 C. Underground Utility Lines ....................................... 9 D. Service Yards and Trash ........................................ 10 E. No Mining, Drilling or Quarrying ............................... 10 1. Hazardous Cross-Connections ............................... 10 2. Irrigation Limitations ..................................... 11 G. Irrigation Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 H. Wastewater Treatment ......................................... 12 I. Primary Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 J. Hunting ..................................................... 12 K. Trash Containers .............................................. 12 L. Damage Waiver ............................................... 12 M. Removal of Carcasses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 N. Wildlife Brochure ............................................. 13 0. Penalties/Wildlife Restrictions ................................... 13 P. Weed Control ................................................. 13 1. Prevention and Control .............................. ; .... 13 2. Inventory ............................................... 13 3. Eradication ............................................. 13 ARTICLE VI. RESTRICTIONS ON LOTS ................................... 14 A. Number and Location of Buildings ................. ~ ............. 14 B. Completion of Construction .................................... 14 C. Used or Temporary Structures ................................... 14 D. Enclosure of Unsightly Facilities and Equipment .................... 14 E. Noxious or Offensive Activity or Sounds .......................... 15 F. Air Quality Restrictions ........................................ 15 G. Firearms. . ................................................... 15 H. General Restriction ............................................ 15 ARTICLE VII. ISDS MANAGEMENT PLAN ................................ 15 ARTICLE VIII. COLLECTION OF ASSESSMENTS-ENFORCEMENT ......... 17 11 Revised August 27, 2001 A. Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 B. Lien for Nonpayment of Assessments ............................. 17 C. Enforcement Action ........................................... 18 D. Limitations on Actions ......................................... 19 ARTICLE IX. RESERVED EASEMENTS .................................... 19 A. Easements Shown on Final Plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 B. Easements for Utilities, Access and Repairs ......................... 19 ARTICLE X. INSURANCE ............................................... 20 A. Types of Insurance ............................................. 20 ARTICLE XI. GENERAL PROVISIONS .................................... 21 A. Declaration to Run ............................................ 21 B. Termination of Declaration ..................................... 21 C. Amendment of Declaration ..................................... 21 D. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................ 21 E. Paragraph Headings ........................................... 21 F. Limited Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 111 Revised August 27, 2001 DECLARATION OF PROTECTIVE COVENANTS for The Gilead Gardens Subdivision THIS DECLARATION OF PROTECTIVE COVENANTS FOR THE GILEAD GARDENS SUBDIVISION is made and entered into this day of , 2001. ARTICLE I. PURPOSE OF COVENANTS This Declaration of Protective Covenants (the "Declaration") shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as the Gilead Gardens Subdivision (the "Subdivision") consisting of eight (8) lots (the "Lots") as defined and described in the Final Plat (the "Final Plat") heretofore recorded as Reception No. in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of the BBD Trust (the "Declarant"), expressed by their execution of this Declaration, that the lands within the Subdivision be developed and maintained as a highly desirable scenic residential area with a strong sense of security, neighborhood and community. It is the purpose of this Declaration to create rules and a decision making process to strengthen the community, to preserve the present natural beauty, character and views of the Subdivision to the greatest possible extent, and to always protect the Lots as much as possible with respect to uses, structures, landscaping and general development. This Declaration shall be a burden upon and run with all of the lands within the Subdivision. ARTICLE II. OWNERS -HOMEOWNERS ASSOCIATION A. Membership. All persons or other entities (including without limitation the Declarant) who own or acquire all or part of the fee simple title to any of the Lots by whatever means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more than one, all persons and entities collectively who are the Owners of a respective Lot shall automatically be considered to have, for each Lot owned one membership interest in the Gilead Gardens Homeowners Association (hereinafter the "Association"), a Colorado non-profit corporation, in accordance with the Articles oflncorporation of the Association, which have been filed with the Colorado Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado Secretary of State. Each Owner and Member shall be entitled to the privileges and obligations enumerated in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now exist or as they may be amended from time to time. B. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient to the implementation and enforcement of this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair, and otherwise Declaration of Protective Covenants T 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draftl.wpd Page I o/22 Revised August 27, 2001 protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, regulate and keep all roads and easements within the Subdivision in good, safe and usable condition. The Association shall also maintain, repair, regulate and keep the individual sewage disposal systems ("ISDS 's") and the domestic water system and irrigation ditches and appurtenant facilities servicing the Lots in good · operating order in accordance with the terms and provisions of this Declaration. The Association may enter into agreements with third parties for the performance of the responsibilities of the Association above described. All costs and expenses incurred by the Association in connection with any of the foregoing shall be borne by the Members and shall be assessed, all as more fully provided herein. ARTICLE III. USE RESTRICTIONS A. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant or accessory thereto, shall be constructed on any Lot. The minimum size of a single- family dwelling shall be 2000 square feet, exclusive of open porches, decks, carports and garages. The maximum size of any single-family dwelling shall be 8000 square feet, exclusive of basements, open porches, decks, carports and garages. ~ 'if''1 \ J \ / ~ B. Accessory Dwelling Units. Accessory dwelling units shall be permitted on Lots 1-5, 7 and 8 in accordance with Section 5.03.21 of the Garfield County zoning regulations and shall be subject to the provisions thereof. The gross floor area an accessory dwelling unit shall not exceed fifteen hundred (1,500) square feet exclusive of porches, decks, carports and garages. The square footage of any such accessory dwelling unit shall not be included in the minimum or maximum amounts of square footage for dwelling units as provided in paragraph A. above. C. Duplexes/Multi-Family Structures/Mobile Home Trailers Manufactured Housing. Duplexes, multi-family structures, mobile home trailers or recreational campers or trailers used as a primary residence, and manufactured or other housing constructed off-site are prohibited in the Subdivision. An accessory dwelling unit whether or not attached to a residential structure, shall not cause the structures on a Lot to be considered a duplex or multi-family structure. D. Outbuildings. Auxiliary buildings such as greenhouses, tool sheds, work areas, detached garages and the like shall be permitted within the Subdivision, provided that no such auxiliary building shall exceed 24 feet in height. No auxiliary building shall contain living facilities or be used as a dwelling unit except that one toilet facility per auxiliary building shall be allowed. E. Common Area. Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Areas identified and depicted on the Plat, subject to: Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 2of22 Revised August 27, 2001 1. This Declaration, the Plat and any other applicable covenants; 2. The right of the Executive Board to adopt rules regulating the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; 3. The right of the Executive Board to suspend the right of an Owner to use facilities within the Common Area (A) for any period during which any charge or Assessment against such Owner's Lot remains delinquent, and (B) for a period not to exceed ninety (90) days for a single violation or for a longer period in the case of any continuing violation of the Declaration, any applicable Supplemental Declaration, the Bylaws or Association Rules; and 4. Nothing in this Declaration or the other Association Documents will be construed as a dedication to public use, or a grant to any public municipal or quasi-municipal authority or utility, or an assumption of responsibility for the maintenance of any Common Area by such authority or utility, absent an express written agreement to that effect. ARTICLE IV. ARCHITECTURAL COMMITTEE A. Architectural Committee. The Architectural Committee shall be composed of three (3) natural persons who shall be appointed by the Board of Directors of the Association (the "Board"). The persons serving on the Architectural Committee shall serve at the pleasure of the Board who may remove a member of the Architectural Committee and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. The Architectural Committee shall not be obligated to have regular meetings, but shall meet as necessary to conduct the business of the Committee. All members of the Committee shall be provided at least ten (10) days advance notice of all Committee meetings. B. Approval by Architectural Committee. No improvements of any kind, including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs and walks shall be constructed, erected, altered or permitted to remain within the Subdivision, nor shall any excavating or grading be done within the Subdivision, unless the complete architectural and site development plans and specifications (and such other items as are included in the "Plans" defined below) for such construction, alteration, excavation or grading are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by this Declaration or required to do by any subdivision improvements agreement Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 3 of22 Revised August 27, 2001 between the Declarant and Garfield County. In particular, but without limiting the generality and scope of the foregoing, no roof may be placed on any structure unless the finished exterior material and color of such roof is specifically approved by the Architectural Committee. Revegetation of all infills and cuts will be required. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a grading and drainage plan, a soils and foundation report and an ISDS design both prepared and certified by a professional engineer, and a complete list of all finished exterior materials and colors to be used (collectively referred to herein as the "Plans"). All copies of the Plans shall be signed and dated for identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify additional information, reports, plans, specifications and the like required to be submitted to the Architectural Committee and to be deemed part of the Plans for all purposes hereunder. In the event the Architectural Committee fails to take any action within sixty (60) days after three (3) copies of the Plans have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove any Plans. The majority vote of the full number of members of the Architectural Committee then in office shall be required for any approvals described herein. In the event the Architectural Committee shall disapprove any Plans, the Owner on behalf of which such Plans have been submitted may appeal the to the Association at its next annual or special meeting called for that purpose where a 75% vote of the Members' votes entitled to be cast at said Members' meetings shall be required to change the decision of the Architectural Committee. C. Improvements -Site Location. All structures or improvements shall be constructed within the approved building envelopes depicted on the Final Plat. No structures or improvements, other than fences or walks, shall be constructed on forty percent ( 40%) or greater slopes. D. Building Permit. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, that the Plans approved by the Building Department shall not differ in any substantial way from the Plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. E. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural Committee may, by an affirmative vote of a majority of the full numbers of members Declaration of Protective Covenants T. 0. Ranch Subdivision A: \Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 4 o/22 Revised August 27, 2001 of the Architectural Committee then in office, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this Declaration and/ or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provision of this Declaration which was required by an approval obtained by Declarant from Garfield County for the Subdivision or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten ( 10) days prior to the hearing for said variance to all Owners. Notice to such Owners shall be deemed effective when placed in the United States mail, first-class postage prepaid, certified with return receipt requested, and addressed to the last known address for each Owner as provided to the Association. F. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, alterations, excavating or grading within the Subdivision harmonize (to the greatest extent possible) with the natural surroundings within the Subdivision and with other structures and improvements within the Subdivision as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots and other design features. 1. Materials and Landscaping. The Architectural Committee shall evaluate, among other things, the materials and colors to be used on the outside of buildings or structures, and the harmony of the finished grade and floor elevation with the natural setting within the Subdivision. 2. Site Location. The Architectural Committee shall exercise its judgment to preserve the natural characteristics of each Lot including trees, vegetation, and the natural setting of each building site. The Architectural Committee shall evaluate the relationship of any proposed structure or improvement to topography, the view sheds of and relationships to other existing or potential structures and improvements in the Subdivision. 3. Fencing. Fencing shall be restricted throughout the Subdivision to facilitate wildlife movements, optimize habitat availability, and reduce wildlife mortality. If peripheral fencing of the Subdivision is required to restrict domestic livestock grazing on adjacent properties, fencing shall employ a three strand barbed wire -fence, with strands at eighteen (18), thirty (30) and forty-two (42) inches above the main ground level. a. If wood rail fencing is used it shall not exceed forty-two ( 42) inches in height and twelve (12) inches in width (top view), and an opening in the lower one-half (Y2) of at least sixteen ( 16) inches to allow passage of deer fawns and elk calves. Other fence materials such as wood slats, electric wires, or other synthetic materials may be used but shall not exceed forty-two ( 42) inches in height. Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 5 o/22 Revised August 27, 2001 b. Owners shall be permitted a privacy fence, exceeding forty-two (42) inches in height with no openings so long as such privacy fence is wholly contained with in the Building Envelope established under the Plat for that Lot. c. If security fencing is required such fencing shall not be more than seven (7) feet in height and must be so constructed that wildlife movement between and through the Subdivision and the Lots is not lost or impaired. 4. Lighting. The Architectural Committee shall consider exterior lighting plans and will require that all exterior lighting be directed downward and towards the applicant's property. It will also recommend that all Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owners' respective Lot. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 5. ISDS Design and Performance Standards. Each ISDS installed within the Subdivision after the date of this Declaration, shall comply with the following requirements: a. Each system shall be designed by a professional engineer registered in the State of Colorado pursuant to Colo. Rev. Stat. §12-25-111 (2000); v-· b. Each system design shall adequately address the soil percolation conditions present at the Lot site, which percolation rates shall be verified through appropriate on-site testing; c. Each system shall be designed to adequately service at least ( 4) bedrooms; d. The tops of all tanks or risers extending therefrom shall be surface accessible to facilitate system testing and maintenance; and e. All absorption fields shall be sized to adequately service ( 4) bedrooms. Trench segments with at least ( 6) feet of separation shall be used whenever practically feasible. A minimum of (3) similarly sized trench segments should be installed with alternating values or a distribution box that allows isolation of each segment. Monitoring pipes shall be installed at the far end of each trench segment to allow inspection of field condition. If a bed must be utilized, single dosed zones shall be acceptable. If mounding is required to establish ( 4) feet of suitable soil, a single pressure dosed zone shall be acceptable. If a bed or mound is used, a minimum of (2) monitoring pipes shall be installed at the far end of the bed or mound. Declaration of Protective Covenants T 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 6 o/22 Revised August 27, 2001 Following ISDS installation, each Owner shall provide the Architectural Committee with as-built drawings depicting, in relation to the other improvements on the Lot, the location and dimensions of the ISDS facilities including the absorption field and monitoring pipes, all applicable design, operation and maintenance specifications of the system's manufacturer and written certification from the designing engineer that the ISDS was installed in conformance with the requirements above stated and all applicable design specifications of the manufacturer. In the event the Association or Architectural Committee fails to properly implement and enforce the design and performance standards forth in this paragraph., the Board of County Commissioners for Garfield County, Colorado and its duly authorized representatives and agents, shall have all the right to enter upon the Property and implement and enforce such standards at the expense of the Association or exercise any other right or power afforded under this Declaration, including, but not limited to, the initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the same. The provisions of this paragraph shall not be amended or repealed by the Declarant, Association or Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado. 6. Drainage Limitations. All property located outside of established building envelopes shall be maintained so as to preserve historic irrigation and storm drainage over and across all Lots. G. Preliminary Approvals. Owners who ant1c1pate constructing or modifying structures or improvements on a Lot or excavating or grading on a Lot may submit preliminary sketches or plans thereof to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete Plans to allow the Architectural Committee to act intelligently in giving an informed preliminary approval or disapproval. The Architectural Committee shall never be committed or bound by any preliminary or informal approval or disapproval. The preliminary approval process is offered as an accommodation only, and the Architectural Committee may set fees for this service. H. Architectural and Site Development Plans. The Architectural Committee shall disapprove any Plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by this Declaration. Declaration of Protective Covenants T 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2.wpd Page 7 o/22 Revised August 27, 2001 I. Architectural Committee Not Liable. Neither the Architectural Committee nor any member thereof shall be liable for damages to any person or entity submitting any Plans for approval, or to any Owner or Owners, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such Plans. Neither the Architectural Committee nor any member thereof shall have any liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by this Declaration and any rules or regulations duly adopted by the Architectural Committee pursuant to this Declaration. J. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the finally approved Plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this Declaration. K. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement this Declaration. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, alterations and the like. ARTICLE V. RESTRICTIONS AND PROTECTIVE COVENANTS A. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided, however, that conveyances or dedications of easements, if approved by the Architectural Committ.ee, may be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and the prior approval of the Architectural Committee. B. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations which may be promulgated by the Board. The open pasturing of horses shall be allowed within the Subdivision; however, no more than 3 horses maybe kept at any one time on any one (1) Lot. With the exception of pigs, other farm animals or livestock such as cattle, llamas, goats, sheep, chicken and other poultry are permitted so long as the same are properly fenced, penned or otherwise contained within the Lot and maintained such as not to constitute a nuisance to other Lot Owners within the Subdivision. Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 8 o/22 Revised August 27, 2001 Owners shall be entitled to keep dogs on their property pursuant to the following restrictions and limitations and subject to any additional rules and regulations which may be promulgated by the Association: 1. Pursuant to Section 9: 15 of the Garfield County, Colorado Subdivision Regulations, no more than one dog, excluding puppies, shall be kept by any Owner at any time upon any one (1) Lot; 2. Dogs shall be kept under the control of their Owners at all times and shall not be permitted to run free or to cause a nuisance in the Property. No dogs shall be allowed beyond the boundaries of the Lot owned by the person(s) where the dog is housed unless leashed and accompanied by a person in full control of such dog; 3. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous fifteen (15) minute period, including successive barks or a series ofbarks which repeat or resume following a brief or temporary cessation; 4. When not accompanied· by a person, all dogs shall be leashed, chained, "electric fenced," or kenneled. The location of kennels shall be subject to review of the Architectural Committee; 5. All dogs shall be kept reasonably clean, and all Lots shall be free of refuse and animal waste; 6. Should any dog chase or molest deer, elk or any domestic animals or persons, or destroy or disturb property of another, the Association shall be authorized to remove the offending dog from the Subdivision. The offending dog owner shall be provided written notice of such action at least two (2) days before disposal occurs. Within such two (2) day period, the offending dog shall be kenneled at a licensed kennel. All charges associated with action taken by the Association may be assessed against either the Owner and/or the dog owner, or both, at the Association's sole option; and 7. Notwithstanding the foregoing, no animal may be kept upon a Lot which, in the sole discretion and judgment of the Board, results in any annoyance or is obnoxious to other Owners within the Subdivision. C. Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable television and other utility .pipes or lines within the limits of Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be Declaration of Protective Covenants T 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 9 o/22 Revised August 27, 2001 revegetated by and at the expense of the respective Owners causing the installation of the utilities no later than the next growing season following installation. D. Service Yards and Trash. Equipment, service yards or storage piles on any Lots may be permitted during construction if they receive Architectural Committee review approval. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any Lot. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and shall not be burned thereon. E. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Subdivision. F. Domestic Water System. Potable water shall be supplied to each Lot by a domestic water distribution system which shall be owned, operated and maintained by the Association. All water use shall be metered by water meters or other measuring devices approved by the Association, which meters or measuring devices shall be installed at Owner's sole cost. The Association shall be responsible for setting all rates, fees or charges for the provision through the domestic water distribution system of water service to each Lot, which rates, fees and charges will be sufficient pay for all costs incurred in providing the same, including but not limited to, the yearly costs owed by the Association under the West Divide Water Conservancy District water allotment contact, Contract No. 010322GGHA and the costs required to maintain a sufficient operating reserve( s ). Each Owner shall pay to the Association the rates, fees or charges applicable to his respective Lot. The obligation of Owners to pay the Association for such water service shall be a personal obligation of the Owner which the Association shall have the power and duty to enforce. 1. Hazardous Cross-Connections. The Association shall enforce all regulations promulgated by the Colorado Department of Public Health & Environment (the "Department") contained within the Code of Colorado Regulations at 5 CCR 1003-1, Section 12, to wit: a. The domestic water system shall have no uncontrolled cross-connections to a pipe, fixture, or supply, any of which contain water not meeting the provisions of the Colorado Primary Drinking Water Regulations, 5 CCR 1003-1. For the purpose of this provision, "cross-connection" means any unprotected actual or potential connection or structural arrangement between a public or a consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance not meeting drinking water requirements under the Colorado Primary Drinking Water Regulations. Bypass arrangements, jumper connections, removable sections, swivel Declaration of Protective Covenants T 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2.wpd Page 10 of22 Revised August 27, 2001 or change-over devices through which or because of which "backflow" can or may occur are considered to be cross-connections; (1) All potential hazardous service connections shall be identified; (2) All users shall be required to install and maintain containment devices; (3) All containment devices shall be approved by the Association upon installation; ( 4) All containment devices shall be tested and maintained as necessary on installation and at least annually thereafter, by a trained cross- connection control technician; (5) The Association shall retain maintenance records of all containment devices. These records shall be available for inspection by Department personnel. All maintenance records shall be maintained by the Association for a period of three (3) years; (6) Lot Owners shall notify the Association of any cross-connections within ten (10) calender days of its discovery. The cross-connection shall be corrected within ten (10) days of being ordered in writing by the Association to correct the problem; and (7) The failure on part of the Lot Owner(s) to comply with the above provisions may result correct the cross-connection may result in the termination of water service. 2. Irrigation Limitations. Water provided through the domestic water distribution system shall be used to irrigate no more than 4000 square feet per Lot except for Lot 6, the Lot Owners of which shall not be allowed to irrigate more than 2000 square feet. All such irrigation shall be subject to all the terms, conditions and provisions contained within West Divide Water Conservancy District Water Allotment Contract No. 010322GGHA. G. Irrigation Water. Non-potable irrigation water shall be supplied to each Lot through a pond and ditch system which shall be owned, operated and maintained by the Association. The Association shall be responsible for setting all rates, fees or charges for the provision of irrigation water through said system, which rates, fees and charges will be sufficient pay for all costs incurred in providing the same and in maintaining a sufficient operating reserve. Each Owner shall pay to the Association the rates, fees or charges applicable to his respective Lot. The obligation of Owners Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2.wpd Page I I of 22 Revised August 27, 2001 to pay the Association for such water service shall be a personal obligation of the Owner which the Association shall have the power and duty to enforce. H. Wastewater Treatment. Wastewater treatment shall be supplied to each Lot by ISDS installed by each Owner in accordance with the ISDS Design and Performance Standards set forth within Article IV and maintained by the Association in accordance with the provisions of the ISDS Maintenance Plan set forth in Article VII. The Association shall be responsible for setting all rates, fees or charges for inspecting, maintaining and repairing each individual system and the rates, fees or charges assessed by the Association against each Lot for such inspection, maintenance and repair shall be a personal obligation of the Owner thereof which the Association shall have the power and duty to enforce. I. Primary Access. Primary access to the Subdivision from Garfield County Road 335 and Gilead Garden Lane, the on-going maintenance costs of which shall be borne exclusively by the Association in accordance with the provisions of this Declaration. J. Hunting. In the event of conflict with wildlife on a Lot, the Owner shall contact the Colorado Division of Wildlife to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a nuisance may only be removed or destroyed upon the approval of the Association and only in a manner approved by the Colorado Division of Wildlife. K. Trash Containers. No trash or garbage shall be accumulated or stored outside of a dwelling structure unless such trash or garbage is contained within a container certified as bear- proofby the North American Bear Society, the National Park Service or the Colorado Division of Wildlife; provided, however, that a Lot Owner may use trash or garbage containers which do not meet the certifications above described so long as: 1. Said container(s) is placed outside no earlier than one (1) hour prior to the regularly scheduled time for trash collection by the Owner's waste service provider; and 2. Said container(s) is returned to the dwelling structure no later than one (1) hour following collection by the Owner's waste service provider. L. Damage Waiver. The Association and the Lot Owners hereby waive and shall hold the Colorado Division of Wildlife harmless from any and all claims for damages to landscaping improvements or ornamental plants located within the subdivision resulting from the activities of big game (deer and/or elk). M. Removal of Carcasses. The Association and Owners shall be responsible for the removal and proper disposal of all animal carcasses located within the Subdivision. Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 12 of22 •. Revised August 27, 2001 N. Wildlife Brochure. The Association shall maintain at all times as part of the regularly kept records of the Association, the Wildlife brochure attached hereto and incorporated herein as Exhibit A. 0. Penalties/Wildlife Restrictions. The Association shall assess and enforce penalties against Lot Owners violating any of the wildlife restrictions set forth in this Article V., as follows: One Hundred Dollars ($100.00) for the first violation committed by the Lot Owner; Two Hundred Dollars ($200.00) for the second violation: Three Hundred Dollars ($300.00) for the third violation: and for each succeeding violation the fine shall increase in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may be changed upon the approval of the Association. P. Weed Control. The Association shall implement and follow a program of noxious weed control which may address the control and elimination of Canadian Thistle and other plant species included on the Garfield County Noxious Weed List. In general, the weed management plan should consist of the following components: 1. Prevention and Control. The quick revegetation of disturbed areas with weed free grass seed and the maintenance of native or introduced vegetation in a healthy, vigorous condition producing optimum vegetative densities will leave noxious seeds little opportunity to establish. The use of hay that is certified is also recommended. 2. Inventory. A complete inventory of the types of weeds presently located within the Property is attached hereto and incorporated herein as Exhibit B. This inventory should be updated as to each Lot yearly. An accurate record should be kept of the application and success of weed eradication efforts. 3. Eradication. Elimination of noxious weeds can be achieved through: a. Mechanical Controls physically remove the entire weed plant or eliminate the plant's ability to produce seed. b. Biological Controls rely on organisms (insect orplantpathogens) to interfere with weed growth. c. Chemical Controls use herbicides to eliminate weeds. Special care must be used with herbicides to avoid damage to desirable plant species and to avoid contamination of ground water. An effective weed management program may involve all three methods of eradication as well as a long term commitment to prevention and control. Assistance in the development and implementation of a weed management program is available through the Colorado State Declaration of Protective Covenants T. 0. Ranch Subdivision A: \Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 13of22 Revised August 27, 2001 University Cooperative Extension Service and from the Garfield Count Office ofVegetation Management. Each Owner shall implement a weed management program within the area of his or her Lot. In the event a property owner fails to effectively control noxious weeds on his or her Lot, the Association shall have the right to enter upon any Lot and conduct a weed control program with the area of such Lot. ARTICLE VI. RESTRICTIONS ON LOTS A. Number and Location of Buildings. No buildings or improvements of any kind shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. B. Completion of Construction. Any construction activity on any Lot shall be completed, fully cleaned up and landscaped within eighteen (18) months from the issuance of a building permit, unless the Owner of the Lot shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Board of Directors may assess penalties in any amount it deems appropriate. C. Used or Temporary Structures. Except within an enclosed garage, no used or previously erected or temporary house, structure, mobile home, manufactured home, or trailer shall be located within the Subdivision The foregoing prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a Certificate of Occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office and storage purposes and shall not be occupied as a residence for any period of time. D. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not limited to, those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage or appropriately screened. Any propane or other fuel storage tanks, storage piles, refuse or trash containers, utility meters or other facilities, shall be enclosed within a structure or appropriately screened from view by plantings or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 14of22 Revised August 27, 2001 E. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time, nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereby by sight or sound, provided that the Board of Directors may authorize the use of sound and sound devices to control or mange wildlife, livestock or domestic animals. F. Air Quality Restrictions. In order to protect against the degradation which occurs to air quality as a result of the utilization of wood-burning devices, the following restrictions apply: 1. Pursuant to Section 9: 16 of the Garfield County, Colorado Subdivision Regulations, No open hearth solid fuel fireplaces will be allowed anywhere within the Subdivision. 2. All dwelling units within the Subdivision will be allowed an unrestricted number of natural gas burning fireplaces or appliances. 3. All dwelling units within the Subdivision will be allowed one ( 1) new wood-burning stove as defined by Colorado Revised Statutes 25-7-401 et seq., and the regulations promulgated thereunder. G. Firearms. The discharge or shooting of firearms is prohibited in the Subdivision except as may be permitted by rules and regulations adopted by the Board of Directors. H. General Restriction. All Lots shall comply with the restrictions contained in any other section of this Declaration. The Board of Directors may adopt, promulgate and enforce rules and/or regulations necessary or advisable to implement or interpret the provisions of this Declaration. ARTICLE VII. ISDS MANAGEMENT PLAN A. In order to ensure that each ISDS installed within the Subdivision is inspected on a regular basis and properly maintained, the responsibility and authority for such inspection and maintenance shall be vested exclusively within the Association. This management plan is not intended to provide for common ownership of the ISDS's or to provide common funding for the construction, repair or replacement thereof, such ownership and responsibility for construction, repair and maintenance to remain with the Owner. 1. In accordance with the above, the Association shall: a. Retain the services of qualified personnel to inspect the ISDS 's and to perform all maintenance and repairs necessary to ensure that same are installed Declaration of Protective Covenants T 0. Ranch Subdivision A: \Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 15 of22 Revised August 27, 2001 properly, remain in good operating condition and comply with the performance requirements set forth within Article __ ; b. Inspect the operating components of each ISDS within (30) days of being placed into operation; thereafter, each ISDS shall be inspected at least annually; and c. Maintain at all times written or other permanent records documenting the date each ISDS was inspected or tested, the results of such inspections or tests and t extent of all maintenance and/or repairs performed. All documents maintained by the Association pursuant to this provision shall at all times be available for inspection by the Owners and/or authorized representatives Garfield County Department of Building and Planning. 2. The following provisions shall apply in the event the estimated maintenance and/or repair costs required of any ISDS exceed in total during any one calender year, $1000.00: a. The Association shall give the Owner written notice of the nature and extent of the work necessary, to return the ISDS to good operating condition; and b. Within (30) days of receipt of such notice, Owner shall at his or her own expense cause to be completed, the repairs set forth within the notice. In the event Owner fails to complete such repairs within this time period to the satisfaction of the Association, the Association shall have the authority, in addition to any other remedy provided within this Declaration or the Act, to take any of the following actions: (1) To impose against Owner, a fine not to exceed $200.00 for each day in which the ISDS remains unrepaired; and/or (2) To complete on behalf of the Owner the required repairs to the ISDS. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner upon demand. All unreimbursed costs shall be a lien upon the Lot until reimbursement is made which may be enforced in accordance with the provisions of this Declaration. 3. In the event the Association fails to properly implement and enforce the provisions of the ISDS management plan set forth in this Article VII., the Board of County Commissioners for Garfield County, Colorado and its duly authorized representatives and agents, shall have all the right to enter the Subdivision and implement and enforce such provisions at the expense of the Association or exercise any other right or power afforded under this Declaration including, but not limited to, the initiation of appropriate proceedings Declaration of Protective Covenants T 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2.wpd Page 16 of22 Revised August 27, 2001 in the District Court for Garfield County, Colorado, to compel enforcement of the provisions of this management plan. B. The provisions of this Article VII, shall not be amended or repealed by the Declarant, Association or Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado. ARTICLE VIII. COLLECTION OF ASSESSMENTS-ENFORCEMENT A. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense including but not limited to, maintaining, repairing and replacing the domestic and irrigation water systems, roads, paths and all common area improvements, expenses of the Architectural Committee; and insurance, accounting and legal functions of the Association. The Board of Directors may establish contingency and reserve funds necessary to satisfy the maintenance of the Association's obligations and to fund any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro- rata portion of these funds. As used herein, an Owner's pro-rata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with this Declaration, the Articles or the Bylaws of the Association, as may be necessary or advisable. Such special assessment shall be paid for by the Owner(s) obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. B. Lien for Nonpayment of Assessments. All sums assessed by the Board ofDirectors, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: 1. Tax and special assessment liens on the Lots in favor of any governmental assessing unit; and 2. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. Declaration of Protective Covenants T. 0. Ranch Subdivision A: \Protective Covenants for Gilead Gardens Subdivision.Draftl. wpd Page 17of22 Revised August 27, 2001 Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above described shall be superior to the homestead exemption provided by Colorado Revised Statutes §38-410-201, et seq., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board of Directors. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the of the Lot and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors for the Association shall have the power to bid on the Lot at a foreclosure sale and acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. C. Enforcement Action. The Association, acting by and through its Board ofDirectors, shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief on behalf of itself and all or part of the Owners. In addition, each Owner and the Association shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of this Declaration. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed one and one-half percent (1 Y2%) per month. After thirty (30) days written notice to any Owner of a violation of this Declaration and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of up to One Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 18 o/22 Revised August 27, 2001 Hundred Dollars ($100.00) per day for every day the violation exists or continues after the expiration . of said thirty (30) day period. D. Limitations on Actions. In the event any construction, alteration or landscaping work is commenced upon any of the Lots in violation of this Declaration and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. ARTICLE IX. RESERVED EASEMENTS A. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. The Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. B. Easements for Utilities, Access and Repairs. There are hereby reserved unto Declarant (so long as the Declarant owns a Lot within the Subdivision), the Association, and the designees of each (which may include, without limitation, Garfield County, Colorado and any utility company) easements upon, across, over and under all of the Lots, with the exception of the building envelope, to the extent reasonably necessary for the purpose of installing, replacing, repairing, and maintaining cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, irrigation systems, street lights, signage, and all utilities, including, but not limited to, meter boxes, telephone, gas and electricity. The foregoing easements may traverse the private property of any Owner; provided, however, an easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Lot or building envelope as shown on the Plat, and any damage to a Lot resulting from the exercise of an easement shall be reasonably repaired by, and at the expense of, the Person exercising the easement. The exercise of an easement shall not unreasonably interfere with the use of any Lot and, except in any emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant. Declarant specifically reserves the right to convey to the electric company, natural gas supplier and cable television or communications systems supplier and any other utility supplier an easement across any portion of the Subdivision for ingress, egress, installation, reading, replacing, repairing and maintaining utility meters and boxes. However, the exercise of this easement shall not extend to permitting entry into the dwelling on the Lot, nor shall any utilities be installed or relocated on any Lot, except as approved by the Association or Declarant. Declaration of Protective Covenants T 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2.wpd Page 19 o/22 Revised August 27, 2001 Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Association or Declarant shall have the right to grant such specific, descriptive easement over the Subdivision Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way adversely affect any other recorded easement on the Property. The Owner of a Lot subject to such easement shall cooperate with Declarant and the Association and take all actions, including, without limitation, executing any documents evidencing such descriptive easement as reasonably requested by the Association or Declarant. ARTICLE X. INSURANCE A. Types of Insurance. The Association may obtain and keep in full force and effect the following insurance coverage: 1. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. 2. Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. 3. Property insurance on the Common Area for broad form covered causes of loss; except that the total amount ofinsurance must be not less than the full insurable replacement costs of the insured property less reasonable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, paving areas, landscaping and other items normally excluded from property policies. 4. Commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Area and the Association, in an amount deemed sufficient in the judgment of the Board, insuring the Board, the Association and their respective employees, agents, and all persons acting as agents. Declarant shall be included as an additional insured in Declarant's capacity as an Owner and Board member. The Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Area. The insurance shall cover claims of one or more insured parties against other insured parties. Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2.wpd Page 20 o/22 Revised August 27, 2001 5. The Association may carry such other and further insurance that the Executive Board considers appropriate, including insurance on Lots, or insurance covering the acts or omissions of officers, directors, employees or agents of the Association, or other insurance that the Association is not obligated to carry to protect the Association or the Owners. ARTICLE XI. GENERAL PROVISIONS A. Declaration to Run. All of the covenants, conditions and restrictions contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions and restrictions shall run with the title to all of the lands in the Subdivision. B. Termination of Declaration. In the event this Declaration has not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, this Declaration may be terminated on January 1, 2025 by a majority vote of the Members of the Association at a meeting of the Members duly held. If this Declaration is not so terminated, then it shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a majority vote of the Members of the Association at a meeting of the Members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six ( 6) months after the meeting at which such vote is cast. C. Amendment of Declaration. This Declaration may be amended by 75% vote of the Members of the Association, said vote to be cast at a meeting of the Members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. D. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration. E. Paragraph Headings. The paragraph headings within this Declaration are for convenience only and shall not be construed to be a specific part of the terms hereof. F. Limited Liability. The Association and the Board of Directors shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board of Directors against loss resulting from such action or failure to act if the Association and the Board of Directors acted or failed to act in good faith and without malice. Declaration of Protective Covenants T. 0. Ranch Subdivision A:\Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Page 21of22 Revised August 27, 2001 IN WITNESS WHEREOF, this Declaration of Protective Covenants for Gilead Gardens Subdivision has been executed as of the day and year first above written. STATE OF COLORADO COUNTY OF ------ ) ) SS. ) DECLARANT BBD Trust By David J. Miller, Trustee By Renee T. Miller, Trustee The foregoing instrument was acknowledged and sworn to before me this day of _______ , 2001, by the Declarant, David J. Miller and Renee T. Miller, Trustees for the BBD Trust. Witness my hand and official seal. My commission expires: Declaration of Protective Covenants T. 0. Ranch Subdivision A: \Protective Covenants for Gilead Gardens Subdivision.Draft2. wpd Notary Public Page 22 of22 ARTICLES OF INCORPORATION : , .. , : ( OF '..> .. C;.1 _y_ :o.:.-.uc.: ·; r.i\":" u> . ; ·;· /, ~:· ' \ : ·;: '., ;;, GILEAD GARDENS HOMEOWNERS ASSOCIATION, LTD. (A Colorado Not for Profit Corporation) ARTICLE I. NAME & ADDRESS The name of this Cmporation shall be GlLEAD GARDENS HOMEOWNERS ASSOCIATION, LID. The Address of the principal Office is l 577 County Road 335, New Castle, CO 8164 7 ARTICLE II. DURATION The tenn of existence of this Corporation is perpetual. ARTICLE IlI. PURPosEs The business, objects and putposes for which the Corporation if fanned are as follows: I. To be and constitute the Homeowners Association to which reference is made in the Declaration of Protective Covenants fur Gilead Gardens ("Subdivision") and any supplement thereto <Declaration) recorded in the records of the Clerk and R<>corder of the County of Garfield, Colorado, and to perform all obligations and duties of the Association and to exercise all rights and powers of the Association. 2. To provide fur maintenance, Preservation and architectural control of the Subdivision, including all lots within the Subdivision. 3. To promote, foster and advance the health, safuty and welfure ofresidens within the Subdivision. the Subdivision. 4. To enforce covenants, restrictions, conditions and equitable servitudes affecting 5. To make and enforce rules and regulations with respect to the use oflots, easements, water system and inigation ditches and water within the Subdivision, as provided in the Declaration. '- 6. To establish and maintain the Subdivision as f>TOperty of high quality and value and to enhance and protect its value, desirability and attractiveness. Articles of Incorporation of Gilead Gardens Homeowners Association, LTD. Pape Inf .1 • j ARTICLE IV. POWERS The Association shall have all of the powers which a nonprofit Corporation may exercise under the Act and the laws of the State of Colorado in effect from time to time. ARTICLE V. MEMBERSHIPS I. This Corporation shall be a membership Corporation without certificates or shares of stock. Every owner of a subdivision Jot, including the Developer, shall be a member. 2. Each lot within the Subdivision shall have one (1) vote, When more than one (I) person holds a membership, they may appoint one (1) of their co-members as proxy to cast the vote for that membership. Such vote shall be cast as the owners thereof agree, but in no event shall more than one (I) vote per question be cast with respect to any one (1) lot. If the co- members cannot agree as to the manner in which their vote should be cast when called upon to vote, then they will be treated as having abstained. 3. A membership in the Corporation and the share of a member in the assets of the Corporation shall not be assigned, encumbered or transferred in any manner except as appurtenant to the transfer of title to the lot to which the membership pertains; provided, however, the rights of membership may be assigned to the holder of a mortgage, deed of trust or other security instrument on a lot as further security for the loan secured by a lien on such lot. 4. A transfer of membership shall occur automatically upon the transfer of title to the lot to which the membership pertains; provided, however, the Bylaws of the Corporation may contain reasonable provisions and requirements with respect to recording such transfers on the books and records of the Corporation. 5. The Corporation may suspend the voting rights ofa memberJor failure to comply with the rules and regulations of the Corporation or with any other obligations of the Owners of any lot under the Declaration. 6. The Bylaws may contain provisions setting forth the rights, privileges, duties and responsibilities of the members. ARTICLE VI. BOARD OF DIRECTORS 1. The business and affairs of the Corporation shall be conducted, managed and controlled by a Board of Directors. The Board of Directors shall consist of not less than three (3) nor more than five (5) members, the specific number to be set forth from time to time in the Bylaws of the Corporation. The duties, qualifications, term of office and the manner of their election, appointment and removal shall be a set forth in the Bylaws. Articles of Incorporation of Gilead Gardens Homeowners Association, LTD. Page 2of4 2. The names and addresses of the members of the first Board of Directors who shall serve until the first election of Directors and until their successors are duly elected and qualified are as follows: David Miller 1577 County Road 335 New Castle, CO 81647 Renee Miller 1577 County Road 335 New Castle, CO 81647 BruceD. Lewis 0401 County Road l49B Glenwood Springs, CO 81601 Any vacancies in the Board of Directors occurring before the first election of Directors shall be filled by the remaining Directors. ARTICLE VII. OFFICERS The Board of Directors shall elect from among them a president and shall also elect, but not necessarily from among them, one (1) or more vice-presidents, a secretary, a treasurer and such other offices as the Board believes will be in the best interest of the Corporation. The officers shall have such duties and serve for such terms of office as shall be prescribed in the Bylaws of the Corporation. ARTICLEVIlI. CONVEYANCES AND ENCUMBRANCES Corporate property may be conveyed or encumbered by authority of the Board 9f Directors or by such person or persons to whom such authority may be delegated by re~olution of the Board. Conveyances or encumbrances shall be by an instrument executed by the president or a vice-president and by the secretary or an assistant secretary, or executed by such other person or persons who whom such authority may be delegated by the Board. ARTICLE IX. DISSOLUTION Upon the dissolution of the Corporation, the Corporation shall, after paying or making provision for the payment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of the Corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious or scientific purposes, as shall at the time qualify as an exempt organization or organizations under Section 50l(c)(3) of the Internal Revenue Code (or the corresponding Articles of Incorporation of Gilead Gardens Homeowners Association, LTD. Page 3of4 provision of any future United States Internal Revenue law), as the Corporation shall determine. Any of such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in the which the principal office of the C<>rporation is the located exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. ARTICLEX INITIAL REGISTERED OFFICE AND AGENT The initial registered office of the Corporation shall be located at 1577 County Road 335, New Castle, CO 81647. The initial registered agent at such office shall be David Miller. ARTICLE XI. AMENDMENTS Amendments to these Articles oflnCorporation shall be adopted, if at all, in the manner set forth in the Bylaws; provided, however, no amendment to these Articles of InCorporation shall be contrary to or inconsistent with the provisions of the Declaration. ARTICLE XIl. GENERAL This Corporation is one which does not contemplate pecuniary gain of profit to the members thereof and is organized for nonprofit purposes. ARTICLE XIII. INCORPORATION The incorporator of this Corporation and his address is as foJlows: David Miller 1577 County Road 335 New Castle, CO 8164 7 IN !iTNESS WHEREOF, the above named incorporator has hereunto set his hand and seal this day of January, 2001. , ' f£ ~~1Jl. .-11-~ David Miller -I Articles of Incorporation of Gilead Gardens Homeowners Association, LTD. Page 4of4