HomeMy WebLinkAbout3.0 BOCC Staff Report 09.15.2003Exhibit A
Exhibit B:
Exhibit C:
Exhibit D
Exhibit E:
Exhibit F
Exhibit G:
Exhibit H:
Exhibit I
Exhibit M:
EXHIBITS
GILEAD GARDNES SUBDIVISION PRELIMINARY PLAII
Board of County Commissioners - September 15, 2003
Proof of Certified Mailing Receipts
Proof of Publication
Garfield County Zoning Regulations of 1978, as amended
Garfield County Subdivision Regulations of 1984, as amended
Garfield County Comprehensive Plan of 2000, as amended
Staff Report dated September 15, 2003
Application Materials
Supplemental application information dated September 3, 2003
Revised Declaration of Protective Covenants
Exhibit J:Excerpt from the minutes of the July 9, 2003, Planning Commission
meeting.
Exhibit K:Letter from State Engineer's Office dated September 5,2003.
Letter fromZancarrella and Associates, Inc. dated August 28,2003.
Letter from State Engineer's Office dated July 2,2003.
Exhibit L:
Exhibit N Letter to State Engineer's Office from Boundaries Unlimited, Inc. dated
June28,2003.
Exhibit O: Letter from State Engineer's Office dated June 12, 2003.
Exhibit P:Letter to Claudia Engelman, Colorado Division of Water Resources dated
March 20,2003, from Boundaries Unlimited, Inc. - Well Permit
Applications for Gilead Gardens
Exhibit Q:
Exhibit R:
Email from Boundaries Unlimited regarding excavation of ponds.
Letter from Jeff Nelson, Garfield County Assistant Engineer, dated June
18,2003.
Exhibit S:
Exhibit T:
Exhibit U:
Exhibit V:
Exhibit W
Exhibit X:
ExhibitZ:
Exhibit AA:
Exhibit BB:
Exhibit CC:
Exhibit Y:Letter from the Burning Mountain Fire Protection District dated June 25,
2003.
Email from Jake Mall, Garfield County Road and Bridge Department,
dated June2,2003.
Letter from Jake Mall, Garfield County Road and Bridge Department,
dated January 7,2003.
Letter from Steve Anthony, Garfield County Vegetation Management,
dated June 20, 2003.
Letter from the Colorado Geological Survey dated Jwe23,2003.
Letter from the Colorado Division of Wildlife, dated August 1,2001.
Email from Jeff Nelson, Assistant County Engineer regarding fire issues
Letter from the Town of Silt, dated January 7,2003.
Letter for the Town of New Castle, dated February 3,2003.
Addendum to application for 5 Accessory Dwelling Units
Letter of opposition with associated exhibits.
Dp *r>)vtvvt VL$d fu-r*o,.drq Fi*c+1 tav^-Pa,,1 Dq-t"ol n lo163
Ef lfic [f *at WfiL*+.w ,rrhat {k0,.o,1,,,u,,*lc 4lt.{tfl t f r"/c}
{3 L+tt-yz-or,,t 0{{.ie %sWc % abpa a(toloz).
REQTTEST:
SUMMARY OF REQUEST:
APPLICANT:
REPRESENTATIVE(S):
LOCATION:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZOITIING:
BOARD: 9ll5l03
TP
Preliminary Plan review for the Glead Gardens Subdivision
The suhdivisirm.of approximately'35 acres of land into gJots
BBD, a Trust, David and Renoe Miller, Trustees
Bruce Lewis, Boundaries Unlimited, Inc.
The property is located between Courty'3.o66'335 (Colorado
River Road) and the' Colorado River, 4pptximatcly'3"rmiles
west'of Apple Tiee Park and 3 miles east of the I-70 Silt
Irtterchartge..
Cemtral W.ater. Syste,m
Irdividtral,Sorngc'Disposal Systems (I SD S)
County Road 335
A/RIRD (Agricultural/Residential/Rural Density)
A/BRD.and A/I (Agricultural / Industrial)
PROJECT INFORMATION AND STAFF COMMENTS
I. PROJECT DESCRIPTION:
The Applicant requests Preliminary Plan
review for the Gilead Gardens Subdivision.
The su$od site umtdn* opprmimately E5
acru*o"he,flrhdividod into 9.resideo$al
lots, The Applicant is also requesting
appnu,vd, r,5.froc{*sofy dwellfury tmiu.
II. SITE DESCRIPTION
The property is triangular shaped located
between County Road 335 (Colorado
River Road) and the Colorado River. The
majority of the subject property is irrigated
pasture-
'+.4*.:,1t''
/'
'qh
:_
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 2
land, gently sloping in a northwesterly direction towards the Colorado River. The pasture land is irrigated
with parallel ditch laterals that traverse the site. The[e,are two eariptingresiderees (and associated out-
buildings) on the property located on oppo6il€.s$il:ners of the proper-ty a4iacnnt to County.Road 335. One
residence is located on proposed Lof 1 and the other residence is located on proposed Lot'5.
Apprimately *orr.esoftlre northern portion of the property lies mos(ly within the Colorado River's 100-
year,floodplain and is vegetatd with trees and brush.
The Applicant was in the prooeos of constnrcting two ponds (on proposed Ldt38 & 9), however,
construction has ceased until Preliminary Plan approval. The location of these ponds can be seen in more
detail on the Land Use Summary Map included in the application. The ponds are discussed further in this
memorandum.
The lotsiffifiB€ &orn 2 acree to,7 acres in size. The Applicant noted that the proposed 9 lots have been laid
out and sized in a manner where historic irrigation and drainage patterns can be maintained Th*,hiliffiiffi
envelopes, designated on each parcel, rafge betflecfiO.S acres to 1.5 actnes in size.' The Applicant noted
that the building envelopes for each of the lots have been sized and spaced with the intent of maintaining a
rural atmosphere that provides views, privacy, and the passage of wildlife. All structures and
improvements, excluding fences, driveways, walks, utilities, irrigation and drainage improvements, septic
system or vegetatioq will be confined to the proposed buildings envelopes, as per Article IV(C ) of the
Protective Covenants.
III. RELATIONSHIP TO THE COMPREHENSTVE PII\N:
The subject property is located in Study Area? and 3 of the Comprehensive Plan of 2000. The property is
located within the &nrih sphere of,influsrce of the Town of SilL and is partially located within*hs,3,mitG"
boundary of ttit'"Touar ofNew CaStle.
The suggested proposed land use for the site on the Town of New Castle 3-Mile Area Plan map is "Open
Space Rural Residential" (OSRR). OSRR identifies residential densities of one dwelling unit per 7 to 2
acres with open space areas and limited agricultural. The purpose of this designation is "to provide for
home sites in q raral setting where general agricultural practices will not be interfered with. "
The suggested proposed land use for the site on the 2-Mile Sphere of Influence for the Town of Silt is
AG/AG Conservation PUD. The Comprehensive Plan for the Town of Silt adopted February, 1996, and
revised September, 1999, states that for developments in the County within the three-mile and outside the
urban growth boundary, the Town recommends two alternatives:
I. An average density of one dwelling per 80 acres, unless the new dwelling is directly related to the
operation of the agricaltural use, or
2. An average density of one dwelling unit per I5 acres in a Conservation Subdivision or
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 3
Conservation Planned Unit Development (PUD).
The site, on the proposed land use districts for Study Areas 2 & 3 in the Comprehensive Plan, is designated
as "privately owned landswith site sryctfic use limitations such asJloodplain, slope hazard, septic
constraints, or surficial geologt (mudflow, debrisfan) to be evaluated at plan review".
The underlying zoning A/RiRD which allows for a minimum lot size of 2 acres per dwelling unit. The lots
in the proposed SubdMsion range from 2 acres to 7 acres in size, therefore consistent with the density
measure ofthe Plan.
A number of policies in Comprehensive Plan are aimed at reducing density in future developments and
preserving opens space and agricultural uses. The following statements from the Comprehensive Plan
Goals, Objectives and Policies are applicable to this application:
5.0 Recreation and Open Space
Objective:
5.3
5.4
The County will support and encourage the creation of open space, through the development and
implementation of zoning, subdivision, and PUD regulations designed to retain and enhance
existing open space uses.
With the cooperation of the Division ofWildlife, developments proposed in areas next to streams
or rivers with rafting or fishing potential should dedicate easements for public access to these areas.
5.0(a) Open Space and Trails
Goal:
5.1(A) To ensure that existing agricultural uses are not adversely impacted by development approved by
Garfield County.
5.1(B) To ensure that wildlife habitat is a component of the review process and reasonable mitigation
measures are imposed on projects that negatively impact critical habitat.
Policies:
5.1(A) AII projects approved adjacent to existing agricultural uses shall be required to mitigate any adverse
impacts. These mitigational measures shall include some or all of the following:
a) Appropriate buffering of building envelopes from common property boundaries;
b) The use of open space to provide additional buffering;
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9lr5l03
Page 4
c) Dog restrictions, including limiting the number of dogs and requiring kenneling, prior to
issuance of a Certificate of Occupancy.
5.2(A) Developers proposing projects located in areas defined as critical habitat by the Colorado Division
of Wildlife Resources Information System (WRIS) will be required to propose mitigational
measures during the submittal of proposed projects. Mitigational measures shall include the
following:
a) Fencing and dog restrictions consistent with DOW recommendations;
b) Avoidance of critical portions of the property, through the use ofbuilding envelope restrictions
or cluster development concepts;
c) Conservationeasements.
6.0 Agriculture
Goal:
To ensure that existing agricultural uses are allowed to continue in operation and compatibility issues are
addressed during project review.
Objectives:
6.1
6.2
6.3
Policies.
6.1
Ensure the compatibility of development proposals with existing farms and ranches.
Ensure that active agricultural uses are buffered from higher-intensity adjacent uses.
Developments adjacent agricultural uses should be reviewed in a manner that allows for flexibility
in resoMng compatibility conflicts with adjacent uses.
6.3
Agricultural land will be protected from infringement and associated impacts of high-intensity land
uses through the establishment of bufFer areas between the agricultural use and the proposed
project.
Clustered development will be strongly encouraged in areas that present potential incompatible
uses.
7.O Water and Sewer Senices
Objective:
7.1 Development in areas without existing central water and sewer service will be required to provide
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 5
8.0 Natural Environment
Goals:
Garfield County will encourage alanduse pattern that recognizes that environmental sensitivity of the land,
does not overburden the physical capacity of the land and is in the best interests of the health, safety and
welfare of Garfield County.
Objectives:
7.3
Policies:
7.1
7.3
7.4
8.3
8.4
8.5
8.6
Policies.
8.3
adequate and safe provisions for these services before project approval.
Projects proposing the use of IndMdual Sewage Disposal Systems (I.S.D.S) will be required to
assess the site's capability to accommodate these systems prior to project approval.
All development proposals in rural areas without existing central water and/or sewer systems will
be required to show that legal, adequate, dependable and environmentally sound water and sewage
disposal facilities can be provided before project approval.
The County will require developers proposing I.S.D.S to provide data that demonstrates to the
County that the proposed site can accommodate these systems prior to project approval.
Where I S.D.S. is not feasible, Garfield County will require a sewage disposal system approved by
the State of Colorado.
Garfield County will ensure that natural drainages are protected from alteration.
River fronts and riparian areas are fragile components ofthe ecosystem and these areas require
careful review in the planning process.
Development proposals will be required to address soil constraints unique to the proposed site.
Garfield County will ensure that natural, scenic and ecological resources and critical wildlife
habitats are protected.
Natural drainage patterns will be preserved so that cumulative impact of public and private land use
activities will not cause storm drainage and floodwater patterns to exceed the capacity of natural or
constructed drainways, or to subject other areas to an increased potential for damage due to
flooding, erosion or sedimentation or result in pollution to streams, rivers or other natural bodies of
water.
The County will require development with river frontage to address the issue through physical
design in a way that will protect fragile wetlands and scenic resources and protect floodplains from
8.4
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 6
8.7
encroachment.
Garfield County will require development on lands having moderate or minor environmental
constraints to mitigate physical problems such as minor rocldalls, 17 to 24 percent slopes, minor
mudflows, potential subsidence, high water tables, slow percolation, radioactive soils and/or
corrosive and expansive soils.
IV. REFERRAL AGENCIES:
The application was referred to the following agency (ies) for comments. Comments that were received
have been integrated throughout this memorandum where applicable.
1.
2.
J.
4.
5.
6.
7.
8.
9.
10.
11.
t2.
13.
14.
Town of Silt: Exhibit Z.
Town ofNew Castle: Exhibit AA.
Burning Mountain Fire District: Exhibit Y.
RE-2 School District: No comment.
Holy Cross Electric: No comment.
KN Energy: No comment.
US West Communication: No comment.
Colorado Division of Wildlife: Exhibit W (comments dated August l, 2001).
Colorado Department of Public Health and Environment: No comment.
Colorado Division of Water Resources: Exhibits K NI, & O
Colorado Geological Survey: Exhibit V.
Garfield County Road and Bridge Department: Exhibit S & T.
Garfield County Vegetation: Exhibit U.
Garfield County Engineer: Exhibit R.
V. APPLICABLITY:
Pursuant to section 4:20 of the Subdivision Regulations, the Planning Commission shall hold an advertised
public hearing on the proposed subdivision at a regularly scheduled meeting of the Commission.
The Commission shall complete its review and make its recommendation to the Board at the public hearing on
the Preliminary Plan or continue the hearing to the next regularly scheduled Planning Commission meeting for
additional information or public input before making a decision.
The Planning Commission may recommend approval, conditional approval or disapproval of the Plan. The
reasons for disapproval, or any conditions of approval, shall be set forth in the minutes of the meeting or in a
written Resolution. Ifthe Final Plat is to be phased, the Planning Commission shall recommend aphasing plan,
along with the approval or conditional approval.
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
PageT
VI. STAFF COMMENTS:
A. Zoning
The underlying zoning, A./R/RD, allows for a minimum lot size of 2 acres per dwelling unit. The lots in
the proposed Subdivision range from 2 acres to 7 acres in size, therefore consistent with the density
measure of the Plan. The Applicant should be aware of the zone district standards in the Garfield County
Zorung Resolution regarding uses and dimensional requirements.
B. Water Supply
The Applicant noted that the durtestic uruter for the proposed lots is intended to be provided vira"wmal
uAf&spttrm that will be'mmed,andoporated by,the.homoowners association. The Applicant indicated
that the central wder sr,rpply system w-ill consist of fwo wellq chlorination/treatment f,acilities, an
un&rlnground storagetarrlg a p,rrrnp'station;'and disttibtrtion linds. There is an existing wtilltn the property
that was permitted by the Division of Water Resources in 2001, Permit No. 056217 (see Exhibits L and P).
An application for a second well was submitted to the DMsion of Water Resources on March 19,2003,
however, an actual well permit has not been provided.
The Applicant noted that the existing well, 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. A 24-hour pump test, submiffed with the application, conducted in January 2001, yielded a
sustained pump rate of 15 gallons per minute. The Applicant noted that a functional backup well will be
included as part of the water system construction. According to the Drinking Water Analysis Results
provided with the applicatioq the hardness of the water exceeds the MCL (Maximum Contaminant Level),
or the established guideline for hardness. In addition, the Total Dissolved Solids exceeds the MCL.
Individual dwellings will need water-softening equipment and additional filtration, such as reverse osmosis,
for drinking water supplies.
Any well that is to serve more than one property (i.e. shared wells) is considered by Garfield County to be
defined as a central water supply system. In accordance with section 9:53 of the SubdMsion Regulations,
"centrql water systems slnll be designed by an engineer qualified to design water systems and be a
registered professional engineer licensed by the State of Colorado. Central water and treatment and
storage facilities shall be approved by the Colorado Department of Health. Alkl*ns,i*.a uffial#W*
.S#f;kr8,,fl&o0./d, Wd with'rp &d etds tncfufud'in the systan. Where dead ends are proposedfor
cul.de-sacs, therewill either be afire hyfuant or blow-off valve at the end of the line." JeffNelson,
Assistant County Engineer, noted that the proposed central water system is not adequate for quantity and
qualrty of water supply since the system has dead ends @xhibit X). The Applicant submitted to the County
Engineers Office, letter dated September 3,2003, (see Exhibit fD phs4or'abvop0qdufatcPsystemas per
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 8
County regulations. Updated comments from the County Engineer's Office were not il6n received prior
to the distribution of this memorandum. Prior to the submittal of the Final Plat, the County Engineer's
Office shall sign-offon the looped water system.
There appears to be lack of clarify with regard to the legal and adequate source of water to be use for
filling of the ponds, fire protection and irrigation.
According to the supplemental information preparedby Zancanella and Associates (see Exhibit L) and
submitted to the County on September 3, 2003, the current Area A West Divide Contract will allow Glead
Gardens to divert water from two wells to serve up to 14 units, 9 primary residence and 5 ADUs. Each
unit will be allowed to irrigate up to 1,000 squ:ue feet from the community water system. According to
the supplemantal informatiorq the ponds will be used for both fire protection and irrigation purposes and
can be filled from either the wells or from ditch water for irrigation purposes. The West Divide Contract
allows specifically for fire protection and for evaporation so that the wells can be used to keep the ponds
full at all times. The Contract amendment has been modified to reflect the 4.71AF (acre feet) of estimated
consumptive use. Zancanella and Associates believe that the West DMde plan and well system will
provide an adequate water supply for the subdMsion and both well permits will be provided by Final Plat.
The supplemental water information was submitted to the Office of the State Engineer on September 4,
2003. According to a letter dated September 5, 2003, from the Office of the State Engineer (OSE):
Use of the ditch to fill the ponds may only occur under a junior water right (decreed or
undecreed), and only ifthe junior water rights is in priority and there is sufficient capacity
available in the ditch to allow for such diversions. Since the Apptcant has not obtained a decreed
water right for such diversions, the OSE suggests that an agreement with the ditch company to
allow for these diversions be provided prior to inclusion in the water supply plan. It is the OSE
understanding that the Applicant owns l/5 ofthe stock in the Ward Reynolds Ditch Company,
and the water rights are decreed only for irrigation purposes.
A new well permit shall be obtained prior to filling the ponds with well water for any purpose,
including the storage of fire protection, since this use is not allowed under Permit No. 56217-F.
Additionally, replacing pond evaporation is not the same as completely filling the pond, and if this
is the intent, estimates of the amount of water necessary to fill the pond must be provided with
the well permit application along with adequate contract water for this use.
Due to the many changes that have occurred since the initially review ofthe water information,
the OSE requests that the Applicant provide a comprehensive report detailing the currently
proposed water supply so that the OSE can provide a revise opinion pursuant to CRS 30-28-
136(1XhXD.
I
2
J
Glead Gardens SubdMsion
Preliminary Plan
BOARD: 9ll5l03
Page 9
In summary, the following table provides a break-down of what type of use is allowed under each permit
and contract:
C. Waste Water
tfCl*dUe&ffige,Dirpo**l,$yse,rre,.(I$DS),are propoqed for eac]r lot. The individual lot owners will be
responsible for the construction, operation and maintenance of their systems. The ISDS design and
performance standards shall be in accordance with the Garfield County ISDS Regulations. According to
the Septic System Constraints Map contained in the Garfield County Comprehensive Plan of 2000, the area
of the site is identified on the map as having 'High Water Table'.
The Applicant noted that based on available information and field percolation tests, site conditions are
favorable for the installation of conventional ISDS's within the proposed development. Article IV(F)(5) of
the Protective Covenants (See Exhibit I) outlines ISDS Design and Performance Standards and the ISDS
Management Plan is located in Article VII of the Protective Covenants. The Applicant is reserving the
right for indMdual property owners to locate ISDS's outside of the approved building envelope should a
suitable location within the building envelope not be located.
D. Irrigation Water and Ditches:
The Applicant asserts that the property's irrigation water rights arer,*lC$lqrf 611,th* ditch,rigltts in the
Gok,&itotq.Rlnip'and Fipeline adjudicated in CMI Action No. 2759 in the Garfield County District
Court for Water District 5 and in the lfud&**poHs.Sit€hNo. 17 under Priority Nos. 32, 104 and 166-0
as conveyed by deed recorded as Reception No. 294117 in Book 528 atPage 296 of the records of the
Clerk and Recorder of Garfield County; subject to the provisions of agreement recorded as Reception No
293355 in Book 525 atPages 906-908 of the Garfield County Records. The Applicant has provided
Domestic I acre foot/DU8SF&7ADU
100,000 gallons
Temporary storage
of irrigation water
up to 72 hours.
Evaporation for I
surface acres
Up to 6,000 sf of
lawn and garden
1/5 ownership
(120 shares)
18,000 sf of garden
and lawns (approx.
1,200 sflunit)
Irrigation
27 non-commercial
animals
28 horses i
domestic animals
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page l0
copies of these records in the application and has also provided the Articles of Incorporation and ByJaws
ofihe Ward Reynolds Ditch Company (see Exhibit L). The Applicant asserted that the property will
maintain the 1/5 water rights of the ditch companies and will not demand or use any more water than their
allotted shares.
The Applicant noted dnt&oao,irrigOtion water fights will bti: owned and maintained by thd hom0trrfiters
,rumktton. The irrigation ditches will remain in place and will be operated and maintained by the
homeowners association within platted easements. The Applicant noted that an easement to the river will
be dedicated to the ditch company for emergency release of water. This easement shall be delineated on
the Final Plat and shall be conveyed to the Ditch Company by proper legal documentation.
The Applicant indicated that the two (2) 0.5 acre irrigation ponds, with a ma:<imum depth of 10 feet, were
in the process of being constructed on proposed Lots 8 and 9 earlier this year. Construction has ceased on
the ponds until Preliminary Plan approval is granted. In accordance to an email seen in Exhibit Q, the State
Minerals and Geology Office have new regulations that require a permit for the excavation of ponds on
private lands. The Applicant noted that an application has been obtained and will be submitted to the State
Minerals and Geology Office. Staffis unclear as to whether the permit has been submitted to the State.
Prior to the submittal ofFinal Plat, the Applicant shall submit an approved permit from the State Minerals
and Geology Office granted permission for the continued construction of the two ponds. The Applicant
understands that pond construction can not continue without proper permits..
E. Utilities
According to the Applicant, electric power will be provided by Holy Cross Energy and telephone service
will be provided by Qwest, both available offof County Road 335. No comments were received by Holy
Cross Energy. The application was not referred to Qwest for comments. All existing and proposed
utilities shall be buried within the roads and driveways to each of the residences. This has been reflected in
Article V(C ) of the Protective Covenants. Natural gas and cable television service are not available in the
area ofthe property.
F. Floodplain / Wetlands
CffiEfttfis,Rivernrrs:along the proper,gr's northetrn edge. The river's 100-5rcar"ftoodplain'elerffiioit$ft'e
appiufldffietgLy 25 fu lower than the top of the steep southerly bank. The Applicant indicated that the
proposed building areas for the lots adjacent to the Colorado River will adhere to the County floodplain
and stream bank setback regulations.
The Applicant i*,pnoposing e private park along the Colorado River a*an,anrenity.to tho.property.ouflre{S
q#}*heir"gusts. This park will'be loeated primarilywithin the floodplain of the Colorado Riv€tr.'
L I
!rA\t *g
;[.,Y. 'jl$,,fl,
? r.'{.rt tL"
I
Glead Gardens SubdMsion
Preliminary Plan
BOARD: gllslo3
Page 11
Pursuant to section 6,09.01(2XC) of the ZontngRegulations [Floodway], "recreotion and open space uses
such as parks, golf courses, picnic grounds, green belts, wildlife preserves, and trail systems, lue
permissible useslprovided that no pennanent structures are constructed."
G. Soils/Geolory
The soils on the subject property consist of the following
l. Arvada loam (#3): I to 6 percent slopes, deep, well-drained soil, very slow permeability,
moderate water capactty, and erosion hazard moderate.
2. Kim loam (#a0): 3 to 6 percent slopes, deep, well-drained soil, moderate permeability, high
water capaclty, slow runoffand moderate erosion hazard.
3. Potts loam (#56): 6 to 12 percent slopes, deep, well-drained slope, moderate permeability, hiSh
waster capacity, medium run-offand high erosion hazard.
4. Potts-Ildefonso complex: l}to25 percent slopes;Potts soil is deep and well-drained,
moderate permeability, high water capacity, rapid run-off and high erosion hazard; Ildefonso
soil is deep and well-drained, moderately rapid permeability, low water capacity, rapid run-ofi,
and high erosion hazard.
5. Torrifluvents: nearly level, deep, well-drained slopes on floodplains, moderately slow to
moderately rapid permeability, low to high water capacity, sloe run-ofi and slight hazard of
water erosion.
The interpretation tables for these types of soils can be seen in more detail in the application.
A Preliminary Geotechnical Study (Job No. IOO 672, dated December 29,2000), included in the
application, for the subdivision was conducted by Hepworth-Pawlak Geotechnical, Inc. ("HP GeoTech").
ACcording to FIP GeoTech, the property is suitable for the proposed development based on geologic and
geotechnical conditions. Development of individual lots should consider potential storm water and
associated debris flows from the hillside drainages to the southeast.
IIP GeoTech noted that the geotechnical study describes exploration, summaries findings, and presents
recommendations suitable for planning and preliminary design. HP GeoTech noted that it is important that
they provide consultation during design and field services during construction to review and monitor the
implementation of the geotechnical recommends.
The 'Preliminary Design Recommendations' outlined in the Study provides provisions for foundations,
floor slabs, under-drain system, site grading, surface drainage, and septic disposal subsurface profile which
shall be adhered.
Glead Gardens SubdMsion
Preliminary Plan
BOARD: 9ll5l03
Page 12
IIP GeoTech noted that the findings include interpolation and extrapolation of the subsurface conditions
identffied at the exploratory borings and variation in the subsurfbce conditions may not become evident
until excavation is performed. Significant design changes may require additional analysis or modifications
to the recommendations in the Geotechnical Study.
fhn€ffihi{H[ffh@.s#dttd,,with4he'cpplieation'evaluatda dwelopnent pr'oposal,with&lots
raryf,iglfui-3lts&.acres in8000. It was the recommendationof the Planniag.Cornmi*sion thro.clre the
numbEr amdthe,locartion of the,lots had'ehanged that prior to Boerd of County Corunissiooer.reviov of
Preliminary Plan, thrApplicant sha[ obtsiflupdated c,omments fiom IIP GeoTwh with re.speotJo the
churge in the derrclopment. The Applicmt did provide Er Upd4ted Geotecnnica Study conduc.ted hLJP
Geoiftrhd*rd July3l,2m3 (Spe Exhibit H). I{P GeoTech indicated that based on their review, the
conclusions and recommendations presented in the previous report are applicable to the current project.
Sean Gaffirey of the Colorado Geological Survey ("CGS") indicated that although most of the geologic
constraints on the property can be handled with typical engineering practices, issues like construction
setbacks and locating pond features are better handled early in the planning process (see Exhibit V). Mr
Gaffirey provided the following comments with respect to the geotechnical study conducted by HP
GeoTech:
1. Slopes: The l0' construction setbaclg at the crest of the river terrace, recortmended in the HP
GeoTech report should be qualified. What is the basis for the 10' setback? Does this setback
account for increased soil moisture due to the proposed ponds on Lots 8 & 9?
2. Drainage: HP GeoTech identifies the location of the property on a relatively young alluvial fan.
These features are typically composed of fine-grained soils that are poorly cemented and tend to
erode quickly during large storm events. The recommendations ofHP GeoTech and Boundaries
Unlimited to construct berms on the upstream side of the proposed lots should be included in the
site grading plans. Diversion berms on each of the lots would help to minimize damage in event a
debris flow or flash flood crosses the site.
3. ^Solls: FIP GeoTech's recommendations regarding the mitigation ofwith swelling and compressible
soils on this site shall be adhered. Gven that the soils on this site are moisture sensitive, the
locations of the proposed ponds, on Lots 8 & 9, should be sited with considerations to how the
increased soil moisture will affea the performance of the nearby foundations.
Tft'et$pdtrgd'6eu&clmiual'Study addressed the corr.rnents outlined by Mr. Gaftey above regardiqg'fihe l0'
con$Euc&ioni,$Etha*-&om"the steep,6s66rrnront and the potontialef[ects from portentid,sbrurfacawetting fue
to ffCr-paopd,,pondeon Lots.S,and 9. HP GeoTech provided the following explanations to address the
comments from CGS above:
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 13
1. Escarpment Setback: The escarpment adjacent to the proposed building sites on Lot 8 and 9 consists
mainly of dense river gravel deposits and is stable. The potential for erosion of the escarpment by
flooding the Colorado River has been evaluated by Boundaries Unlimited, report dated May 11, 2001,
and erosion protection to prevent potential undermining is not needed. The building foundations on
Lots 8 & 9 were recommended to extend down below the clay soils and bear onthe dense gravel. The
gravel bearing soils are not moisture sensitive and will not be affected by zubsurface moistureincreases
from the development.
2. Potential Wetting from Ponds: The ponds will be lined with an impervious membrane so leakage
should be minimal and not impact foundations of nearby buildings. If leakage were to occur it appears
that it would be down into the gravel terrace deposits and be contained on Lots 8 & 9. The
foundations on Lots 8 & 9 will bear on the gravel terrace soils that are not susceptible to movement
under increased moisture conditions.
Tffibiu1&tcd GeUtchnical Study wa*oont to the CGS, however, due to the strort tum.around from when the
ir&rmationwas,provided to the Cotrnty, no cornrnents were received from CGS prior to the distribution ofthis
fitffiirandum h
H. Radiation
According to the HP GeoTech Preliminary Geotechnical Study for the site does not appear to be on
geologic deposits that would be expected to have high concentrations of radioactive materials. However,
there may be radon gas present in the area. FIP GeoTech notes that it is difficult to assess future radon gas
concentrations in buildings before the buildings are constructed. HP GeoTech recommends that testing for
radon gas levels should be completed when the residences and other occupied structures have been
completed. New buildings should be designed with provisions for ventilation of lower enclosed areas
should post'construction testing indicate unacceptable radon gas levels.
I. Drainage
A Drainage Plan for the subdivision was included with the application. The Applicant noted that the
ground surface of the property slopes uniformly downward to the northwest, beginning with grades of 8 to
12 percent at County Road 335 and gradually flattening out to 2to 4 percent as the ground approaches the
steep bank of the Colorado River. The Applicant asserts that the lack of any definite drainage channels
across the site indicates that only minor sheet flow drainage is generated from the adjacent County Road
and other properties.
The Applicant indicated that detention is not proposed for this development because of the large lot sizes
that allow natural diffirsion of minor flows generated from any proposed lot improvements. The diffirse
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9/15103
Page 14
flows will be intercepted by one of the many ditch laterals traversing the sites. Any new roadside drainage
will be routed into the existing field irrigation ditch laterals.
The Applicant indicated that erosion control will consist of disturbing as little existing vegetation as
possible, and therefore, minimizing reclamation. Minimal site grading is anticipated other than the grading
for the two roads. The Applicant asserts that all disturbed areas will be seeded with a grass mix
recommended by the Soil Conservation Service.
J. H*l*nms
The property is currently accessed via tlWedtiwwaysthatoniginate from County Road 335. The easterly
residence (proposed Lot l) is served Eftua6 6lnhu.sxiUirrg accesses. The most easterly of these driveways
intersects County Road 335 near the crest of the hill. This most easterly driveway appears to be shared
with the adjacent property, the Bullocks. However, the Applicant has noted that they are two separate
driveways on each respective properties to the County Right-of-Way and will be defined as such by
fencing. Prior to Final Plat, the Applicant shall determine if there are two separate driveway access permits
for Lot I and the adjoining Bullock property. Ifthere is not two separate driveway permits, the Applicant
shall obtain a driveway permit for Lot l.
The rmftsr,nfif;hot\rro east driveways is approximatef5t'3?Ofwt"west''dfthe shared drtvewry. This
driveway approaches the County,.Rmd* asharp angle and has,poor sight distance to theeast. The third
existing driveway, which is for the westerty residence (proposed Lot 5), is also at t ehrp aogle aqd m
poor sigl*.disttmoe to'the east.
The motttlistefly'ittcesS"*ill be rdtained. The.rurraining two drivewayti, that have poor sight distance,;ryjlf.
hdfuiauted. The Applicant noted that two short roads proposed will intersect with County Road 335
near the crests of hills which will provide acceptable sight distance in both directions. 'trfuvem'Lang,i&ou1*
kl$.AS, .ap-proximarely 55O fe€t in le,ngtlL will serve five lots (Lots 2,3,7,8 and 9). Gerd€n Circle, alsag
g*lde-sac, approxirndely 250 feet in lengttU will serve three lots (l,ots 4, 5, &,6)-' The Applicant notes
that these gravel roads will be 22 feet wide with 2 foot shoulders and terminate with 65 foot radius cul-de-
sacs with landscaped islands at the center of the cul-de-sacs. The roads will be constructed with a 50 foot
wide public right-of way and will be maintained by the homeowners association and dedicated to the public
in accordance with the county subdivision rules and regulations (section 9:34 of the Subdivision
Regulations). All roads shall comply with Garfield County street / roadway design standards in section
9:35 of the SubdMsion Regulations. As noted by the Applicant, other than the existing driveway for Lot
l, direct access by indMdual lots onto County Road 335 will not be permitted.
Jake Mall of the Garfield County Road Department provided the following comments at Sketch Plan,
which he has indicated are still applicable (see Exhibits S and T):
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9llsl03
Page 15
1. Driveway permits will be issued after the approval of the subdivision by Board of County
Commissioners. The driveway permits will have special conditions that will be specified in the
permits.
2. Stop signs shatl be installed at all entrances accessing Garfield County Road 335 and maintained by
the homeowners association.
3. Brush shall be cleared the length of the property along CR 335 and the fence shall be moved back
to the property line (right-of-way line) at the sub-dividers expense prior to the completion of the
subdivision.
4. The driveway at 1577 CR 335 and the driveway at llTl CR 335 shall be abandoned when the new
roads are installed and operable.
5. The ditch along the property and CR 335 shall be piped in culvert pipe. The installation and all
future maintenance shall be at the sub-dividers and homeowner's expense.
6. There are two buildings that encroach within the right-of-way. The Board of County
Commissioners shall make a determination on this issue as it applies to their guidelines. At this
time, the Road and Bridge Department does not have a problem with the buildings. The Applicant
will be required to obtain an encroachment agreement with the County if the structures are allowed
to remain.
7. Construction work zone signage shall be posted on CR 335 during driveway construction. Signage
shall be posted in accordance with guidelines in the Manual of Uniform Traffic Control Devices
K. Fire Protection
The Applicant indicated that a dry fire hydrant, proposed to be located at the end ofHarvest Lane, will
allow fire truck access year round to irrigation pond water. The Applicant noted that as per an agreement
with the former Fire Chief of the Burning Mountain Fire Protection District, a minimum of 100,000 gallons
of pond water will be committed to fire protections.
The Applicant has established a Wildfire Mitigation Plan ('Wildfire Plan") for the Subdivision which was
submitted with the application. The Applicant indicated that the mitigation measures outlined in the Plan
include landscaping design and maintenance practices that will reduce the wildfire hazard to the residential
units within the Subdivision. The Applicant noted that the following landscape design standards will be
implemented:
i. Trees greater than l5-feet in height at maturity should have a minimum spacing of lO-feet between
the edges of the crown. All dead trees should be removed.
ii. Spacing between clumps of brush andi/or shrubs should be 2 Yz times the height of the vegetation.
iii. The maximum diameter ofthe brush and./or shrub clumps should be 2 times the height of the
vegetation measured at the crown of vegetation.
iv. All ladder fuels should be removed from under brustr, shrubs, and the tree canopies.
v. Non-combustible ground cover (gravel) should be placed under trees, brush, and shrubs to the
Glead Gardens SubdMsion
Preliminary Plan
BOARD: 9ll5l03
Page 16
edges of the crown or the vegetation should be pruned to a height of lO-feet above the ground or
Yzthe height of the plat, whichever is the least.
vi. Lawns should be kept to a maximum height of 4-inches.
vii. Brush should be removed around the perimeter of all residential structures for a distance of 2 times
the height of the brush or completely removed within l0-feet of any residence and trimmed down
to a height less than 5-feet within 2O-feet of any residence.
This Wildfire Mitigation Plan is reflected in the Protective Covenants in Article F(7). It appears that the
first sentence should be modified. Staffrecommends the following language, "Propertywithin the
buildtng envelopes shall copywith the Wildfire Mitigation Plan asfollows: ".
Comments were received from Michael Watts, .hsrim Plans Exarriner forthe Burning MountainFire
Protection District (see Exhibit Y). According to Mr. Wattgrlhp,fi'reprglectioo,fq.the,snrMivicbn',hes
beomfusd to he sr,rfficient with sonee additions andlor modifications wtrictr are'outlined in,his,compel*s
Mr. Watt's additions and modifications have B'een intdiBorated as conditions of apBrbval.
L. Wildlife
The Applicant provided a checklist of wildlife habitat affecting the property. According to the checklist,
the following wiHlifer.hobitat are located on the property:, black bear, Camadian g€Gse, elk'wintcn''rarEe,
an&rmdo doer Bevere winter rarge. The application was referred to the Colorado DMsion of Wildlife.
Brett Ackerman of CSOW did provided comments which were compile4jn200J for the subject property
Mr. Ackerman indicated that these comments are still applicable with some modffications. In summary,
Mr. Ackerman recommends the following wildlife habitation mitigation measures:
1. An increase in domestic animals is likely to accompany this development. Domestic pets should be
monitored closely.
2. The site is periodically used by black bear, primarily for migration. In order to minimize negative
human-bear interactions, refuse storage facilities should be designed to be bear-proof.
3. Of special concern is the feeding of wild waterfowl. Residents ofthe subdivision should be educated
regarding the detrimental effects of feeding wild waterfowl. Interpretive signage in the recreational
area shall be installed requesting that the residents and guest do not feed the wildlife.
Article IV(FX3) ofthe Protective Covenants outlines wildlife friendly fence requirements within building
envelopes. In addition, the Covenants, Article V@) addresses dog control and subsection K of Article V
addresses trash containers consisted with Mr. Ackerman recommendations. Section B(l) of Article V of
the Protective Covenant shall be modified to read as follows: "Pursltant to Section 9: 15 of the Garfield
County, Colorado Subdivision Regulations, no more thon one dog, excluding "un-weaned" puppies, shall
be kept..."
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9lt5l03
Page 17
M. Vegetation
A Vegetation Management Plan ('Plan"), compiled by Beach Environmental, LLC., was included in the
application. Steve Anthony, Garfield County Weed Management Director, indicated that theffH!*
provides some useful informatiorq however, it',ts too;gutolio ad bofos'like it'has"be€n "cut and pasted"
from other applications (see Exhibit U). Because of this, some elroneous information has surfaced. Mr
Anthony provided the following recommendations :
1. Noxious Weeds
a) Inventory and mapping: The Applicant has mapped and inventoried the property. Clarification
on the lea$ spurge issue is required. Mr. Anthony would like to meet the Applicant or a
representative on-site to look at the leafy spurge. Since it is rare in the County, it is important
to manage new infestations as soon as possible.
b)
c) WeedManagement'. The Applicant has provided a weed management plan for the inventoried
noxious weeds. The Plan provides a template for what may happen regarding weed
management. The Applicant will be expected to comply with the Colorado State Noxious
Weed Act and the Garfield County Weed Management Plan and manage Scotch thistle,
common burdoclg Russian knapweed, Russian olive, oxeye daisy, and leafy spurge. Mr.
Anthony recommends as a condition of approval that the weed management should occur
before lots are offered for sale and should be the responsibility of the applicant.
d) Covenants.' Weed management for the Association and each indMdual lot owner is addressed
in the covenants. It is requested that the Applicant add language under Article II-B that
addresses weed management on all roads and easements within the subdivision.
2. Revegetation:
The revised Revegetation Guidelines from the Garfietd County Weed Management Plan (adopted on May
7,2001) calls for the following:
A. Plant material list.
B. Planting schedule.
C. A map of the areas impacted by soil disturbances (outside of the building envelopes).
D. A revegetation bond or security at Preliminary Plan and prior to Final Plat.
Mr. Anthony noted that the Applicant has provided the plant material list and planting schedule. Prior to
the submittat ofFinal Plat, the Applicant shall provide a map or information which quantffies the area, in
terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 18
information will help determine the amount of security that will held for revegetation.
The security shall be held by Garfield County until vegetation has been successfully reestablished according
to the attached Reclamation Standards. The Board of County Commissioners will designate a member of
their staffto evaluate the reclamation prior to the release of the security.
3. Soil Plan
The Revegetation Guidelines also request that the Applicant provide a Soil Management Plan that includes
A. Provisions for salvaging on-site topsoil.
B. A timetable for eliminating topsoil and/or aggregate piles.
C. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period
of 90 days or more.
No modifications have been made to Article V(Q) of the Protective Covenants. In the supplemental
application material dated September 3,2003, (see Exhibit H), the Applicant will provide information and
cooperated with the County Weed Management Director regarding noxious weeds, revegetation, and a soil
plan prior to Final Plat.
Assessment / Fees
1. OflSitq Road tmpact
A statement regarding traffic impact was provided with the application. The Applicant indicated that the
average daily trip (ADT) is 120, however, as seen in the table below, staffcalculates that the ADT for the
project is 115.
No. of New Single Family Residences (SFR)7
No. ofNew Accessory Dwelling Units
(ADU)
5
No. of Vehicles per Day per ITE Trip
Generation Manual
9.57
Total Average Daily Trips (ADT)114.8 (r 1s)
The proposed subdMsion is located in the Garfield Countp.$ggffifitldry.,AnnU3. The final impaot'{#
amount shall bo.d@niinod,prior to firulization'ofthe Finatr Plat. Purcuant to section 4:94 of the
Subdivision Regulations, 50olo of the road impact fees shall be collected at the Final Plat for the
Subdivision. All other road impact fees will be collected at the issuance of a building permit.
N
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 19
2. Site Acquisition Fee
pursuant to Section 9.80 of the Subdivision Regulations, the Board of County Commissioners may seek
land or cash-inJieu of land for parks and / or schools during the subdivision review process when such are
reasonably necessary to serve the proposed subdivision and future residents.
The property is located with the RE.2 School Disttict. Comments were not rmeived from the School
Er>rict. pursuant to Section 9:81 of the SubdMsion Regulations, the Board of County Commissioners
may require a developer of residential housing to make a cash payment inJieu of dedicating land.
Howevir, the Board may only request cgsh payment in'lieu if it is requmted,by the applioable School
Diitriet.n The excep*ioni**hs,BE-1 Schoql District, which has provided the County a formula for site
acquisition fees, which has been codified in the Subdivision Regulations. Therefore, ng$ch@l'$ile
Acqulg,itien Fee"is requird for this developnent.
3. OpenSpace
The Applicant noted that development amenities, to be enjoyed by all the lot owners and their guests,
include a griuato par! located primarily within the Colorado River floodplain, and apprd*imttc$4;5OO' *''
lineal.feet.sf plvaf;e,pedestriaa trail meanderirqg through the developurerrt, primarily following the irrigation
ditch laterals and lot lines. The location of the proposed trail can be in more detail on the colored Land
Use Map provided with the application. There is aprovision in Article V(I) ofthe Protective Coveirants
regarding the ownership and maintenance ofthe pedestrian trail. Staffis unclear as to whether the
cofilmon area meets the definition of "open space" in section 2.20:06 or whether the Applicant intends to
only grant easement to the Homeowners Associate for the use ofthe common area by the residence of the
subdivision.
O. Phasing of the Development
The Applicant indicated that final platting and construction will be done in one phase.
P. Aoemmrg llrclling Urits
The Applicant indicated that'S'oftlieg luts pttp*ed to allow for accessory dwelling units. In the A/R/RD
Zone District, pursuant to section 3.02.01 of the ZorutgResolution, "accessory dwelling unit approved as
part of a pubtic hearing or meeting on a sabdivision or sabdivision exemption or guesthouse special use
approved after 7/95 andmeeting the standords in Section 5.03.21" is a use by right (see Exhibit I).
Pursuant to section 5.03.21of the ZonngResolution, "use of a structure c$ an accessory dwelling unit
whether approved by Special (Jse, use by right in a new subdivision approval, or on an existing lot must
meet thefollowing standards, aswell as all other standords applicable to resifuntial use:
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 20
I. The minimum lot size shalt befirur (4) acres containing a building site with slopes less than 40%o at
least two (2) acres in size.
Response: Proposed Lots 1, 2,3,8 and 9 are greater than 4 acres in size. The Applicant shall modify the
Protective Covenants, Article III(B), to reflect the correct Lots on which ADUs will be allowed.
2. The grossfloor areafor residenlial use Ncupancy sholl not exceed 1500 sq. ft.
Response: The Applicant noted that the gross area for the ADUs will not exceed 1,500 sq. ft. This is
reflected in Article III(B) of the Protective Covenants.
3. Approvalfrom the subdivision homeowners association and/or allowed by covenant if applicable-
Response: N/A
4. Proof of a legally adequate source ofwaterfor an additiornl dwelling unit.
Response: The Applicant asserted that the water for the ADUs will be supplied by the development's
proposed water system and have been calculated in the West Divide Water Conservation District's
Substitute Supply Plan.
5. Compliance with the County individual sewage disposal system regulations or proof of a legal ability
to connect to an approved central sewage treatmentfacility.
Response: The Applicant noted that sewage disposal will be by ISDS, and comply with the County ISDS
regulations.
6. Only leasehold interests in the dwelhng unit is allowed.
Response: The Applicant noted that only leasehold interests will be permitted.
7. That oll constntction complieswith the appropriate County building code requirements
Response: The ADUs will be constructed in accordance with the Uniform Building Code applicable at the
time of construction and the proposed HOA rules and regulations.
The Applicant shall noted that under,r*ltiok,U(e )it states that "An accessory dwelling unitwdYlfr$f.6f
not ffilffitto aresidential structure, shall not cctuse the structures on a Lot to be considered a duplex
or a multi-family structure. " The Applicant shall note that Accessory Dwelling Unit, pursuant to section
Gilead Gardens SubdMsion
Preliminary Plan
BOARD: 9llsl03
Page2l
5.03.21of the ZonrngResolution is a stttrddone sfftlcturc and can not be attached. This provision in the
Protective Covenants shall be amended to reflect this.
a. Additional Comments:
1. Pr,ffiine,Csmont* ('Covenants"): The Applicant has provided an updated draft of the
'Declaration of Protective Covenants for the Subdivision (see Exhibit I). The Applicant has made some
recommended changes, however, additional modifications to these Convents still remain to be made prior
to finalizing the Final Plat and recording of the final documents. Some moditB ts I'stritfiff6utbm
include, but are not limited to, the following.
a. The "Declarant", Trust, should be distinguished from the Millers as property owners. Article X(B)
of the Protective Covenants may set up a conflict between the Homeowners Association and the
Trust if the Miller's hold title in their individual lots as Trustees. Will the Trust retain control of the
Covenants and said easements?
b. At the time ofFinal Plat, the non-exclusive easement for the trails for recreation and the right to
use the common area referred to in Article III(E) shall be granted to the Homeowners Association.
In addition, at Final Plat, the shares in the Ward Reynolds Ditch Company and the Goldman Ditctt,
Pump and Pipeline shall be granted to the Homeowners Association.
c. According to the Office of the State Engineer's letter dated June 12, 2003, (see Exhibit O), there
should be a limitation on the number of other livestock / farm animals, other than horses.
d. Article V@) regarding mining, drilling and quarry appears to be inconsistent with Article III@).
e. There may be a mistake in the Lot number in Article V(FX2). Further, it is unclear as to whether
the word "temts" should read"terms". Finally, "andwell permifs" shall be added at the end of
this section
f. Article V(K) shall be clarified. Is hunting prohibited? If so, Staffrecommends the following
language, "Hunting is prohibitedwithin the Subdivision. In the event of conflict... ".
g. Exhibit A referenced in Article V(O) was not attached to the Protective Covenants.
h. Exhibit B referenced in Article V(Q) was also not attached to the Protective Covenants.
2. Tpvroof Silt: Comments from the Town of Silt were received at Sketch Plan (see Exhibit Z). No
additional comments were received for Preliminary Plan. The Town has concerns with the amount of
potential pollution that could be caused by ISDS units. The Town recommends that the County, in lieu of
centralized systems, require the Applicant to install ISTS (IndMdual Sewage Treatment Systems) units on
each lot, instead of ISDS. These ISTS systems treat effluent chemically or biologically before the effluent
goes into the leach field.
3. Tffir,,dNttnr Ca$tle: Comments from the Town ofNew Castle were also provided at Sketch Plan
(see Exhibit AA) No additional comments were received for Preliminary Plan. In summary, the Town of
New Castle has indicated that:
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page22
a. The two unlinked cul-de-sac streets do not provide for dual access in the event of emergency. The
site topography allows for an easy connection between these two cul-de-sacs and would provide a
much better access arrangement.
b. The 10-lot subdivision with 4 accessory dwelling units will generate approximately 140 vehicle trips
per day. It would be advisable to require a hard surface roadway to minimize dust, potholes and
road maintenance.
c. The Subdivision should contribute a proportionate share of road impact fees for future
improvements to County Road 335. It is likely that traffic heading east will utilize County Road
335 to the New Castle I-70 interchange and traffic heading west will utilize the Silt interchange.
The 3-Mile Plan proposes, "the County Road 225 between the Riverbend subdivision and Garfield
Creek needs to be widenedfor safer traffic.flow, with widened right-of-way where necesffiry. "
The County should consider allocating road impact fees for this purpose. The Silt interchange is
being considered for improvements by the Town.
YII. PII\NNINGCOMMISSION RECOMMENDED FINDINGS:
2.
3
4
I
5
That proper posting and public notice was provided, as required, for the hearing before the Planning
Commission;
That the meeting before the Planning Commission was extensive and complete, that all pertinent facts,
matters and issues were submitted and that all interested parties were heard at that hearing;
That for the above stated and other reasons, the proposed subdMsion is in the best interest of the
healttu safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County;
That the application is in conformance with the 1978 Garfield County Zoning Resolution, as
amended;
That the application is in conformance with the Garfield County Subdivision Regulations of 1984,
as amended;
6 That the application is in conformance with the Garfield County Comprehensive Plan of 2000, as
amended.
VI[. PLAI\IIIING COMMISSION RECOMMENDATION
The Planning Commission forwarded a recommendation of AIiBROY'Atri.of the Preliminary Plan review for
the Glead Gardens Subdivision, with the following conditions:
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9lt5l03
Page23
Note: The conditions of approvat below thot hove been stricken, in staff's opinion, hsve been addressed
by the Applicant prior to the Board of County Commissioners review. The unfurlined changes to the
conditions of approval below qre recommendations of Staffwith explanation of the changes, addition or
deletion, in italics and bold
1. That all representations made by the Applicant in the application, and at the public hearing before
the Planning Commission, shall be conditions of approval, unless specifically altered by the Planning
i hOCU
2. The Applicant shall include in the Protective Covenants for the Subdivision the following:
A, fhe Wilafire N++igatien Ptm
ineUee*nefeUewin*
Yegetatieft
;ii, fne maxirnum aiarneter o
ien
iv, zlJl ladder fuels should be remeved frem under brush; slrubs; and the tree eanopies,
v, Nen-eembustible greund eever (gravel) shedd be plaeed under trees; brush and strubs te
vi, r awns shedd be kept to a maximum height ef I irehes,
vii. Brush sheuld be remeved areund the perimeter of dl residentid struetures for a distanee ef
The Wildlire
Management Plan has been incorporatedwithin the Updale hotective Covenants seen
in Exhibit I.
R, Th€ eevenants shatt in€ory
ivision= Article Y(l) of the hotective Cwenants addresses
this conditiotr-
@ This hasbeen modiftedinArticle III(B) of the hotective
Covenants.
I.l
I ,,:1,
'1,7
tt,vvl
,(t '
!. t-
6,1 Glead Gardens SubdMsion
Preliminary Plan
BOARD: 9ll5l03
Page24
\r
Atnt\
N(UO
z'
p:.' As represented by the Applicant and required by the Colorado Division of Water Resources, the' Covenants shall be modified to conform to the conditions of the approved well permit [Permit
No. 56217-Fl L is unclear to staff whether this has been accomplished In addition, new
well permits will need to be obtained as per the discussion in Section W(B) in this
memorandam-
E. Article III(C ) of the Protective Covenants shall be modified to reflect section 5.03.21 of the
Zoning Resolution which states that Accessory Dwelling Units shall be detached structures and
not attached.
F. The "Declarant" should be distinguished from the Millers as property owners. Article IX(B) of
may set up a conflict between the Homeowners Association and the Trust ifthe Miller holds
title to their individual lots.
G. According to the Office of the State Engineer's letter dated June 12. 2003. there should be a
limitation on the number of other livestock / farm animals. other than horses. This limitation
shall be reflected in the Covenants.
H. Article V(E) regarding mining. drilling and quarry shall be consistent with Article III(F).
I. Clarify the Lot "number" in Article V(FX2) and edit this section. Add at the end of this section.
"andwell permits".
J. Article V(K) shall be clarified as to whether or not hunting by the residents is allowed.
K. Exhibit A referenced in Article V(O) shall be attached.
L. Exhibit B referenced in Article V(O) shall be attached.
3. The following geologic hazard mitigation measures shall be taken:
A. The recommendations by Hepworth-Pawlak Geotechnical, Inc. ('HP GeoTech") outlined in the
Preliminary Geotechnical Study for the Subdivision dated December 29,2000, [Job No. 100
6721shall be adhered. These Preliminary Design Recommendations include provisions for
foundations, floor slabs, under-drain systenq site grading, surface drainage and pavement
subgrade.
B. The Applicant shall comply with and incorporate the recommendations from the Colorado
Geological Survey, dated June 23, 2003:
Gilead Gardens Subdivision
Preliminary Plan
BOARD: 9llslo3
Page25
i. Slopes: The l0' construction setback, at the crest ofthe river terrace, recorlmended in the
tIP GeoTech report should be qualified, i.e. the basis for the l0' setback and ifthe setback
accounts for increased soil moisture due to the proposed ponds on Lots 8 & 9. The
Applicant has proidcd an updated Geotechnical Study (see Exhibit II) condacted by HP
GeoTech dated July 31, 2003. This study was sent to CGS, hawoer, no commentsfrom
the CGS were received pior to the distributton of this memorandum Since this is a
request of the CGS, comments from CGS shall be obtained prior to the deletion of this
condition
ii. Drainage: HP GeoTech identifies the location of the property on a relatively young alluvial
fan. Alluvial fan features are typically composed of fine-grained soils that are poorly
cemented and tend to erode quickly during large storm events. The recommendations of
IIP GeoTech and Boundaries Unlimited to construct berms on the upstream side of the
proposed lots should be included in the site grading plans. Diversion berms on each of the
lots would help to minimize damage in event a debris flow or flash flood crosses the site.
iii. Soils: HP GeoTech's recommendations regarding the mitigation of with swelling and
compressible soils on this site shall be adhered. Given that the soils on this site are moisture
sensitive, the locations of the proposed ponds, on Lots 8 & 9, shall be sited with
considerations to how the increased soil moisture will affect the performance of the nearby
foundations. The Applicant has provided an updated Geotechnical Study conducted by
HP GeoTech dnred July 31, 2003, under a September 3, 2003, cover. This study was
sent to CGS, however, no comments from the CGS were received prior to the
distribution of this memorandu^ iio", this is a request of the CGS, comments from
CGS shallbe obtainedprior to the delaion of this conditioru
C. Due to the possible presence of radon gas in the are4 testing for radon gas shall be done when
the residences and other occupied structures have been completed, prior to the issuance of a
Certificate of Occupancy, or radon gas mitigation can be incorporated in the design of the
structures. Should radon gas be found after testing, mitigation shall be done prior to Certificate
of Occupancy.
n, P*or te geard ef eoury
The Applicant obtained an updated Geotechincal
Studyfrom HP GeoTech doted July 37, 2003, (see Exhibit II).
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page26
4. Any well serving more than one property is defined as a central water supply system. In
accordance with section 9:53 of the Subdivision Regulations, all lines in a central water system shall be
looped, with no dead ends included in the system. prier te goard ef eeury
pretiminatf+laq Prior to Final Plat. the Applicant shall provide plans for a central water supply system
that is looped to be reviewed by the County Engineering Department. The Applicant providcd revised
plans to the Coanft Engineertng Departmentwith rcspect to the requiredloopedwaler system on
September 2, 2003 (see Exhibit H). No commcnts, prior to the distribution of this mcmorandum, were
receivedfrom the Engineering Department It is uncertain as to whether the plans for the looped
water system are adcquate and rcceptable to the County Engineertng Department This shall be
resolved prior to Final Plat
5. Any activity in the 100-year floodplain of the Colorado River other than allowed in accordance
with Section 6.09.01(2)(C ) of the ZonngResolution ["recreation and open space uses such as parks, golf
courses, picnic grounds, green betts, wildlife preserves, and trail systems"] shall comply with section 6.00
of the Zonrng Resolution.
6. The Applicant shall comply with the recommendations of the Garfield County Road and Bridge
Department, dated January 7,2003, as follows:
i. Driveway permits will be issued after the approval of the subdivision by Board of County
Commissioners. The driveway permits will have special conditions that will be specified in the
permits.
ii. Stop signs shall be installed at all entrances accessing Garfield County Road 335 and maintained
by the homeowners association.
iii. Brush shall be cleared the lengh of the property along CR 335 and the fence shall be moved
back to the property line (right-of-way line) at the sub-dMders expense prior to the completion
of the subdivision.
iv. The driveway at 1577 CR 335 and the driveway at llTl CR 335 shall be abandoned when the
new driveways are installed and operable.
v. The ditch along the property and CR 335 shall be piped in culvert pipe. The installation and all
future maintenance shall be at the sub-dividers and home owner's expense.
vi. The two structures that encroach within the right-of-way of CR 335 may remain, however,
these structures if replaced shall comply with applicable setback requirements. Prior to Final
Plat, the Applicant shall obtain an Encroachment Agreement for the two structures with the
County.
vii. Construction work zone signage shall be posted on CR 335 during driveway construction.
Signage shall be posted in accordance with guidelines in the Manual of Uniform Traffic Control
Devices
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9l15l03
Page27
7.
Prior to Final Plat. the Applicant shall determine ifthere are two separate
driveway permits. one for Lot 1 and one for the Bullock's property on file in the Garfield County Road and
Bridge Department. Should there only be one driveway permit for both parcels. the Applicant shall apply for a
separate driveway permit for Lot 1. The Applicant asserted that although the driveway between Lot 1 and
Lloyd and Mafilyn Bullock appear to he shared they are two separule drivaruys, sqtarated byfencing.
8. Interpretative signage shall be installed within the park area requesting that residents and guest do
not feed the wildlife.
9. The Applicant shall comply with the recommendations of the Burning Mountain Fire Protection
District ("BMFPD"), as follows:
A. Two copies of the recorded Final Plat shall be provide BMFPD, which shall include:
i. An easement along the full length of the dry hydrant systern, from pond to riser, allowing
fire department access.
ii. A plat note that specifies the location of the system and access to it will be maintained at all
times by either the current property owner or an active homeowners association.
iii. A plat note stating that the system will be capable of providing at least 100,000 gallons of
water at all times.
iv. A plat note which stipulates BMFPD has the right to use portions of the 100,000 gallons for
fire suppression outside the bounds of the Subdivision.
v. A 70 foot diameter cul-de-sac dimension at the end ofboth Garden Lane and Harvest
Court.
vi. A 20 foot driveway width for all lot accesses within the subdivision.
B. Prior to Board of County Commissioner review ofFinal Plat, two (2) copies of construction
drawings of the system shall be provided to BMFPD which shows:
i. A certified State of Colorado Engineers stamp.
ii. An accurate representation of the information provided in drawing C-2 of the Preliminary
Plan.
iii. That the dry hydrant meets the specifications set out in Section 9.3 ofN.F.P.A. 1142.
C. Upon completion of the dry hydrant system, a letter from the design engineer shall be provided
to the BMFPD stating that the system has been installed per design and is capable of providing
the represented function(s).
D. No dwellings shall be given Certificate of Occupancy until all the above conditions have been
satisfied, specifically the engineer's leffer.
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9lr5lo3
Page 28
10. The Applicant shall provide the following weed management information for review and approval
by the Garfield County Weed Management Director prior to Final Plat:
A. Noxious Weeds.
i. Inventory and mapping: Clarification on the leafy spurge. The Applicant shall meet with
the Garfield County Vegetation Management Department on-site to look at the leafy
spurge. Since it is rare in the County it is important to manage new infestations as soon as
we can.
ii. Weed Management: The Applicant shall comply with the Colorado State Noxious Weed
Act and the Garfield County Weed Management Plan and manage Scotch thistle, coflrmon
burdock, Russian knapweed, Russian olive, oxeye daisy, and lea$ spurge. Weed
management shall occur before lots are offered for sale and should be the responsibility of
the Applicant and the Homeowners Associatioq when formed.
iii. Covenants: Weed management for the Association and each individual lot owner is
addressed in the covenants. The Applicant shall add language under Article II-B that
addresses weed management on all roads and easements within the subdMsion.
B. Revegetation:
The Applicant shall provide a map or information of areas impacted by soil disturbance outside
of the building envelopes, prior to Final Plat. This map / information shall quantify the area, in
terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances.
This information will help determine the amount of security that will held for revegetation.
The security shall be held by Garfield County until vegetation has been successfully
reestablished according to the attached Reclamation Standards. The Board of County
Commissioners will designate a member of their staffto evaluate the reclamation prior to the
release of the security.
C. Soil Plan
The Revegetation Guidelines also request that the Applicant provide a Soil Management Plan
that includes
i. Provisions for salvagrng on-site topsoil.
ii. A timetable for eliminating topsoil and/or aggregate piles.
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page29
iii. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a
period of 90 days or more.
The Applicant has indicated compliance with this conditiott- As a result, Article V(Q) of the hotective
Covenants shall be modified pior to Final Plal
11. The proposed subdivision is located in the Garfield County Traffic Study Area 3. This area calls for
an impact fee payment to Garfield County of $226 per average daily trip (ADT) generated by the
subdivision. The total impact fee payment shall be determined prior to Final Plat. Pursuant to section 4:94
of the SubdMsion Regulations, 507o of the road impact fees shall be collected at the Final Plat for the
Subdivision. All other road impact fees will be collected at the issuance of a building permit.
.+ l'( eN\-L ce L\/\ ,
-..W." The Planning Commission accepts the recommendation ofthe State Engineer's Office detailed in
the July 2,2003,letter of Dick Wolfe, so long as the Protective Covenants is changed to reflect the
conditions of the approved well permit [Permit No. 56217-F], the field inspection confirms that the use of
the well is as claimed, and the storage capacity of the domestic water system is acceptable to the County
Prior to the Board of County Commissioner review of Preliminary Plaq the above mentioned requirements
shall be addressed and documentation shall be provided. Purcuant to the Office of the State Engineer
(OSE) letter dated Septemher 5, 2003, afinal inspection was conducted confirming thot the use of the
well is as claimed and permitted However, do to many changes with respect to water rtghts forfire
protection, inigation and pondfilling, the OSE noted that a comprehensive report detailing the current
proposedwder supply shall be subrtted so that OSE can provide a ra,ised opinion pursuant to CRS
30-28-136(1)(h)(0.
13. In addition to other required conditions of approval, the Applicant shall include the following plat
notes on the Final Plat:
A. All exterior lighting will be the minimum amount necessary and all exterior lighting will be
directed inward and downward, towards the interior ofthe subdivision, except that provisions
may be made to allow for safety lighting that goes beyond the property boundaries.
B. One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owner's property boundaries.
C. No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One (l)
new solid-fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations
promulgated there under, will be allowed in any dwelling unit. All dwelling units will be
allowed an unrestricted number of natural gas burning stoves and appliances.
Glead Gardens SubdMsion
Preliminary Plan
BOARD: 9ll5l03
Page 30
D. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells of
Garfield County's agricultural operations as a normal and necessary aspect of living in a County
with a strong rural character and a healthy ranching sector. All must be prepared to encounter
noises, odoq lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public
roads, storage and disposal of manure, and the application by sprayrng or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally
occur as a part ofa legal and non-negligent agricultural operations.
E. All owners of land, whether ranch or residence, have obligations under State law and County
regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds,
keeping livestock and pets under control, using property in accordance with zoning, and other
aspects of using and maintaining property. Residents and landowners are encouraged to learn
about these rights and responsibilities and act as good neighbors and citizens of the County. A
good introductory source for such information is "A Guide to Rural LMng & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield County.
F. Due to the potential for mineral exploration on the subject Parcels, the Applicant shall provide
disclosure to all potential lot owners via the Protective Covenants, as a note on the Exemption
Plat and at the time of closlng. In additiorU gas exploration is occurring within the area. The
mineral estate will allow the drilling of a well within 160' of a house per OGCC regulations.
)4' Prior to the Board of County Commissioners review of Preliminary Plarq the Applicant shall prove
up legal rights to use of water from the irrigation ditches for storage of water in the ponds and for fire
protection. According to the letterfrom the Ollice of the State Engineer dated September 5, 2003, this
issue has not been resolved and involves the well as well as the ditch- The Applicant shall provide
properly amended well permils prior to Final Plot
15. Prior to Final Plat. the Applicant shall provide an approved permit from the State Minerals and
Geology Office granting permission for the continued construction of the two ponds.
16. Fursuant to section 9:34 of the Subdivision Regulations. all streets / roads within the subdivision
shall be dedicated to the public. Repair and maintenance ofthese roads shall be the responsibility of the
incorporated Homeowners Association of the Subdivision.
17; All easements and grantees of the easement shall be shown on the Final Plat and property
conveyance documents shall be completed at Final Plat.
Glead Gardens Subdivision
Preliminary Plan
BOARD: 9ll5l03
Page 3 I
18. An easement to the river dedicated to the Wards Reynolds and Goldman. Ditch. Pump and Pipeline
for the emergency release ofwater to the Colorado River shall be delineated on the Final Plat and shall be
conveyed to the Ditch Company with property legal do,cuments.
DL STAFF RECOMMENDATION
Staffrecommended that the Garfield County Planning Commission recofllmend APPROVAL to the
Garfield County Board of County Commissioners for the Preliminary Plan request for the Glead Gardens
Subdivision Preliminary Plan subject to the conditions listed above. However, as noted previously in this
memorandunq the use and sources of water used from domestic use, irrigation and pond has changes from
what was initially represented in the application and at the meeting in front of the Planning Commission.
Staffrecommends that the Garfield County Board of County Commissioners CONTINIIE THE PUBLIC
HEARING for the Preliminary Plan request for the Glead Gardens Subdivision Preliminary Plan for the
following reasons as stated in the September 5, 2003, letter from the Office of the State Engineer (OSE):
"due to many changes that hove occurred, [the OSE] request that the applicant provide a comprehensive
report detailing the current prolnsedwater sapply so that [the Office of the State Engineerf may provide
a revised opinion pursuant to CRS 30-28-136(I)(h)(I). Staffis of the opinion that based on this letter, the
Applicant has not demonstrated a legal and adequate source of water pursuant to section a:91(A) of the
Subdivision Regulations.
Continuance is allowed pursuant to section 4:32 of the SubdMsion Regulations'. "Ihe_Board-Sha!!
corupklejls reujev qnd make its decision on the Preliminary Plan within fifteet dayufteilhe
conclusion of the public hearins. The Board mqy approve, conditionally approve, or deny a Preliminary
Plon. The reqsonsfor denial or cmy conditions of approval, shall be setforth in the mimttes of the
meeting or in a written Resolution. The Board mav table the Plan, with the consent of the apolicant
and for an agreed upon numher of davs. oendins further information or documentaliorl
BOUT.IDARIES
UNLIMITED INC.
Consulting Engineers
REi,I":IVED
SEP ri q 2003
September 3,2003 GARIJIh,
'] i]OUNry
flJILDiI.{G & PLqNilING
Tamara Pregl, County Planner
Assistant County Engineer
Garfield Cotrnty
Glenwood Springs, CO 81601
Gilead Gardens Preliminary Plan
Response to StaffReview Comments, Dated 719103
RE
1.
2.
Dear Tamara:
I have prepared the following response to the staff recommendations in the same order as
outlined in your staff review comments letter referenced above.
8.
9.
10.
Applicant agrees to all approved application representations.
The Applicant will include the follow information in the Protective Covenants:
A. Wildfire Mitigation Plan
B. Ownership & maintenance of the Pedestrian Trail
C. Correct lots with ADU's
D. Modifr to conformwith approved well permit
The Applicant agrees with the following geologic hazard measures.
A. Conform to HP GeoTech recommendations outlined in study dated Dec.29,2000.
B. Comply with Colorado Geological Survey recommendations, dated,Iune 23, 2003.
C. Require lot owners to conduct radon testing and mitigation, if needed, prior to CO.
D. Obtain updated HP GeoTech report based on current plan. See attached HP GeoTech
update letter dated July 31, 2003.
The Applicant agrees to loop the domestic water main as shown on the revised plan.
The Applicant agrees to comply with Zoning Resolution section 6.00 regarding any
activity in Colorado River 100-yr flood plain.
The Applicant Agrees to comply with the County Road & Bridge Recornmendations.
The driveways on proposed Lot 1 & the Bullock properties are separate driveways
(separated by fencing) on each of the respective properties up to the Colrnty Right-of-
Way. Even though the two drives are adjacent to each other, they are nqt shared.
The Applicant agrees to install interpretative signage reading 'Do Not Feed the Wildlife'.
The Applicant agrees to the BMFPD recorlmendations.
The Applicant will provide information and cooperated with the County Weed
Management Director regarding noxious weeds, revegetation, and a soil plan prior to
Final Plat.
The Applicant will pay 50%o of road impact fees at Final Plat approval.11
aJ
4.
5.
6.
7.
923 Cooper Avenue I Suite LO2 | Glenwood Springs I Cotoraao 81601 | en SzO.S4P.5252 | Fax 970.384.2883
Tamara Pregl
Gilead Gardens Preliminary Plan
Response to Staff Review Comments, Dated 719103
Page2 of 2
t2
t3
The Protective Covenants will be changed to reflect the conditions of the approved well
permit. Dick Wolfe with the State Engineer's Office has been contacted and I am
awaiting his response.
The Applicant will add the notes A thru E to the Final Plat.
In response to the two additional conditions added by the Planning & Zoning Commission:
1. The Applicant will add a note to the Final Plat regarding Mineral Riehts Ownership.
2. Additional information has been provided under separate cover (from Tom Zancanella)
regarding fire protection water rights and the Ward Reynolds Ditch.
I have also included a copy of my response letter to the County Engineer pertaining to his review
comments.
Please feel free to contact me with any questions you may have.
Sincerely,
INC
D. Lewis, P.E.
Principal
Attachments
HEPWORTH - PAWLAK GEOTECHNICAL
July 31,2003
Boundaries Unlimited, Inc.
Attn: Bruce Lewis
923 Cooper Avenue, Suite 102
Glenwood Springs, Colorado 81601
Hepw. Pawlak Geotechnical, Inc.
5020 County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax:970-945.8454
email: hpgeo@hpgeotech.com
Job No. 100 672
H
Review and Update of Preliminary Geotechnical Study, Proposed Glead
Gardens SubdMsion, County Road 335, Garfield County, Colorado
Dear Mr. Lewis:
As requested, we have reviewed our previous geotechnical study report dated December
29,2002, Job No. IOO 672with respect to the current proposed development plan and the
comments by Garfield County stafi, dated July 9, 2003 and the Colorado Geological
Survey (CGS), dated June 23, 2003.
The proposed project is very similar to that when our geotechnical study was performed.
A lot has been added by reconfiguring the previous lot boundaries in the south end of the
property. Lots 8 and 9 and their proposed building area (previously Lots 7 and 8), located
adjacent to the Colorado River, are essentially the same as before. AYz aqe pond is
proposed on each of Lots 8 and 9. The ponds will be located in the middle to southern
part of the lots and be lined with a synthetic impervious membrane to prevent leakage.
Based on our review, the conclusions and recommendations presented in our previous
report are applicable to the current project development plan. The County staffand CGS
comments ask for clarification of our recommended l0 foot setback from the steep
escarpment, and potential effects from potential subsurface wetting due to the proposed
ponds on Lots 8 and 9. Drainage and grading improvements to control potential
thunderstorm runoffacross the subdivision will be addressed by Boundaries Unlimited.
Escarpment Setback The escarpment adjacent to the proposed building sites on Lots 8
and 9 consists mainly of dense river gravel deposits and is stable. The potential for erosion
of the escarpment by flooding of the Colorado River has been evaluated by Boundaries
Unlimited, their report dated May I l, 2001, and erosion protection to prevent potential
undermining is not needed. The building foundations on Lots 8 and 9 were recommended
to extend down below the clay soils (found to be between 2 to 5 feet thick at Borings I -
a) and bear on the dense gravels. The gravel bearing soils are not moisture sensitive and
will not be afFected by subsurface moisture increases from the development.
Subject
Parker 303-841-7119 . Colorado Springs 719-633-5567 o Silverthorne 970-468-1989
Boundaries Unlimited, Inc.
July 31, 2003
Page 2
potential Wetting from Ponds: The ponds will be lined with an impervious membrane so
leakage should be minimal and not impact foundations of nearby buildings. If leakage
*rr.io occur it appears that it would be down into the gravel terrace deposits and be
contained on Lots 8 and 9. The foundations on Lots 8 and 9 will bear on the gravel
terrace soils that are not susceptible to movement under increased moisture conditions'
Ifyou have any questions or need further assistance, please call our ofEce.
Sincerely
HEPWORTH -INC
Steven L.
SLPlksw
H-P Georecx
€
n
I
1 5222
BoUNDARIES
UNLIMITED INC.
Consulting Engineers
September 2,
Mr. Jeff elson
County Engineer
County
1 East Third Street
co 81650
RE Glead Gardens Preliminary Plan
Response to County Engineer letter Dated June 18, 2003
Dear Jeff:
I have prepared the following response to your comments in the same order as outlined in your
letter referenced above.
l. Genqalrutielrycammgrfs
1.1. PefmitS: it b the applixnfs resporsibifty to oHain all applinble perrfts for the proied induding bufi not llmited to, CDOH,
Cflfeld County Road & Blilge permits.
The Applicart agrees.
12. DB{ifUS, "e,
endced drarvingB for rcvie$, commen0s. Plme fmmrd tre phre to the applknrils Engineer.
l.2.l. Add a Exiding Condiuons Map stroIviq the popefty e il arrenty exids and all exMrB easements, exi*ing propery
l$rres, ext$rB dghfi of urays, exi*lng land ownes, *. rnap shordd shot, he oGtirg informatlon ffr the adirce]t land
orvnes within 200 fed abo. Make thb map b separate trom the preliminary Plat.
The County's regulations require existing conditiong etc. to be included on the
PreliminaryPlat.
1.2.2. On the deed betv'reen Dondd k Goldman and Mifron Wanen i,lcPtrerson submitted in the applbants book it mak€6
references to imgdion dihfres and portrer line easements. Shory all of these dibhes and easements on the
condton map. Label them accord[ngly.
miliple
odrting
All recorded easements are shown on the Boundary Survey Plat. There are no known
legal descriptions defining the irrigation ditch for this property. The zurveyed existing
ditch alignment is shown on the preliminary plan. There are no known power line
easements on this property.
123. Add a Site C,rading and Drainage Plan sheet to the plan set. The sheet shall be at the same scab r the ulilty pian slrcet.
AI iniratlon and drainage, e$tng and poposed shal be add]E€sed on tt{e strd abo.
A Site Grading and Drainage Plan sheet has been prepared and is attached.
g23CooperAvenue I Suite 102 | GtenwoodSprings I CobradoSl6Ol I png20.945.52521 fax970.384.2833
2. Firc Proffiiotr sYsfem:
2.1. pleme povirle a letter for the Buming Mountain Fire Prdedion Didrii dating their revievv comments and concerns.
A copy of the Burning Mountain Fire Protection District letter is attached
22. I recommend incaporatirE the pctable water sySem into the central fire protedion sySem witt pressrized hydnnts.
The Burning Mountain Fire Protection District does not require pressurized hydrants.
2.3. lrdall an emergerrcy egress ladder sydem in the memban+.lined ponG and detailthe egress apParatw on the plans.
We are unaware of any codes or regulations requiring "emergency access ladder system in
the membrane pond".
3. Cental pffiblevrater sYshm.
3,1. lt appears the s),Etem is in adequate for quantity ard quality of water supfly due to the sy$em you have propced has dead ends.
Submit water model resglts shorving preisures, quanffiies of water and quality of water at the popced service line locatiors. The
model results need to addressthe chlodne residual abo.
Our water system is now looped as required by the County regulations and is shown on the
attached revised Utility plan along with pressure and flow results. Chlorine residual should
not be an issue since the system is now looped and does not include dead ends on main line.
3.2. ln table 1 of the GILEAD GARDENS SUBDIVISION Estimated Water Requirements, you have edimated Perc€rt consumed at
'15%. Chargethbto 20% re recommended bytheAmeil:an GroundWaterTruld Standards.
According to our water engineer, the estimated water consumed of 15 percent has been the
industry standard accepted by the State for years. Also, the West Divide Water Conservancy
District has reviewed and accepted our calculationg which included Table 1, and they have
issued us a contract based on those calculations. We believe our existing water contract and
well permit are adequate.
Please feel free to contact me with any questions you may have.
Sincerely,
BOUNDARIES INC.
Bruce D. Lewis, P.E.
Principal
cc: Tamara Pregl, County Planner /
Attachments
Single Family Residenc
Accessory Dwelling Units
Total Units
4" Looped Water Line Flows for Gilead Gardens
21-Jul-03
Number
I
5
14
Ave. Daily Demand flow per Unit
Ave. Daily Demand flow for water system
Design Pressure at Pump
System Peak Flow (gpm) = 4 times Ave Daily Demand flow
System Max Design Flow (gpm = 10 times Ave Daily Demand flow
FLOW ANALYSIS FOR NORMAL FLOW CONDITIONS
Furthest Point on 4" looped system 1,000 feet
Per 100 Feet "
Pressure Loss of 4" @ 8 gpm (half of Loop flow) 0.002 PSI
Pressure Loss of 4" @ 18 gpm (half of Loop flow) 0,009 PSI
350 GPD
49OO GPD
60 PSI
13.61 GPM
34,03 GPM
Furthest Point
0.02 PSt
0.09 PSt
Residual
Pressure Reduction
59.98 O.0o/o
59.91 O.2o/o
FLOW ANALYSIS FOR ISOLATED LOOP LINE BREAK (WORST CASE)
Furthest Point on 4" looped system 1,900 feet
Per 100 Feet " Furthest Point
Pressure Loss of 4" @ 15 gpm 0.006 PSI 0.11 PSI
Pressure Loss of 4" @ 35 gpm 0.039 PSI 0.74 PSI
Residual
Pressure Reduction
59.89 O.2o/o
59.26 1.2o/o
" Head loss value for Schedule 40 Friction Loss for water ( see attached table - use .433 conversion for psi)
Single Family Residenc
Accessory Dwelling Units
Total Units
2" Looped Water Line Flows for Gilead Gardens
21-Jul-03
Number
9
5
14
Ave. Daily Demand flow per Unit
Ave. Daily Demand flow for water system
Design Pressure at Pump
System Peak Flow (gpm) = 4 times Ave Daily Demand flow
System Max Design Flow (gpm = 10 times Ave Daily Demand flow
FLOW ANALYSIS FOR NORMAL FLOW CONDITIONS
Furthest Point on2" looped system 850 feet
Per 100 Feet *
Pressure Loss of 2" @ 8 gpm (half of Loop flow) 0.065 PSI
Pressure Loss of 2" @ 18 gpm (half of Loop flow) 0.299 PSI
350 GPD
49OO GPD
60 PSI
13.61 GPM
34.03 GPM
Furthest Point
0.55 PSr
2.54 PSt
Residual
Pressure Reduction
59.45 O.9o/o
57.46 4.20/o
FLOW ANALYSIS FOR ISOLATED LOOP LINE BREAK (WORST CASE)
Furthest Point on2" looped system 850 feet
Per 100 Feet * Furthest Point
Pressure Loss of 2" @ 15 gpm 0,242 PSI 2.06 PSI
Pressure Loss of 2" @ 35 gpm 1.022 PSI 8.69 PSI
Residual
Pressure Reduction
57.94 3.40/o
51.31 14.5o/o
* Head loss value for Schedule 40 Friction Loss for water ( see attached table - use .433 conversion for psi)
p
f,Q
IE
EB
iHIA
iEi,
irrt
,f;$H
ElEE
8gp
tlF
sll
t rs'c
ccr'ze
s!^s!l a99'LAl
.q h .q4t@ .q q tq14 tZWl to Earw .q-@
Flqrot*u.quffi)#ruH'trleqq F @ lq.q /4 Ft.@. eu Mtu!@SPH44 w@4t q tuctuq@)
- t@z E tua! rytq Ws 64q .atn!,e PaM pbc rtq )o toa t4 hNbe PDto .q DNoa ., 6@4 ro sme p@ @@e 1@F l-uqpd .a
zteLS @ lflsztr xo€ o.d&4 $rclffi amj
argrg @ .311*9 ffilla @ m rt6r! cl atulE € d!]
arttg 6 .31Im Msc mt !@ 4aELp 6 sllsnu ulrlrH r Itlu r t3lrtrr or^yol$UT Y .lSM @
rsEru tturrfr
l@J ffi - Dilr l ftS ff@ SgS.n
_,r tre Ia 6 as€ E{,- 1B0mlGffinYkrrSHfimS@
/osz -lIZ'tZol -U
glvcs crgavuc
-_etta-__
NOICNU.ISNOC UOJ lON
c9a I E
c
a
I
101trM srrl* rfr slalY 1!ll '6
Ilffi
($rM ^rcsv sftM)!M 'mo Ed ssr szlfrn rw(sd Ed s&v e c u6EO SOS rlil$ rsv6 cilrywd trort'--ffis EM lwn& :sY6 cNWd aru s , EgnnN a@$ot 5 ![i E rc lrn l6Icv I ft{ Brufnus & s9Nm}o ! BemN }ru0 *w lvd &! M&Ba_rct tDrrr uorffi€ {Nn lSYnBd :$Nn 9ffi0 - E€nnN anol$o 6 :$ol { E€nnN YDlgDv 5$ h ilW t€n&us YtotvEnu / tvuffitU / 3ail1mrEr i5urcz on[sG
f,Efinn-BrT-oNV=T
q@ fi t@ q ot ttt ttBt /.
N tq frtr 1. @t* .
w tq .r6rt o tuoa
P@ tq frztz to oqq.@ toq uag o @
4tuq4 q p Fta4,@$
.a.ew
s
N
6rrla 6 $rluoH
6C0Z XOg 0d
YMWa { &]0 'EoM
.FEZ {.gt.ff {,mw -1trt Gsl -u
alwnl
@@edd
{ffi@N
@r&, ^ruEM]NIIBEI
!E:fl
i,..j
GOZ XOe Odvim t ruE 'trrYs
w@wtw.4rysfu@24ww.wpWqiai.qro w t6 a@ @q 9 @o! 2 qt4 q pt..,F e @E tuw 4@ M.o t. w q q p bzilt q q6i -Wru4pilA.q q@W.qWqcqttup$Bliq@)tuA$WN@W4C
F@ a[&.q W 5@w ?fr @ to eil Wq w @e NdPa r&& @ Nl)o Nd,Iv"ld AUVNIn[]3Udst{goav) 0vfl713
\ Srol
c
- 7-'
' -/ +2t-{6i
---r rgf---
r.ou
ffiLL
-:t
j*
eiE
EiFS
!E[$
EEgU
6Ed
(ExrsTrNG) - CoNNECT
POLY TO TANK,
EXSNNG
TO LOT t.
r-1/2"
1 -1 /2'
CONNECT
TANK.
POLY TO
Pvc
\6,tr
LOT ]
sg
-Q 9e
9T Efl
EE dP
II EE
6E
POLY 0 590'
POLY O
92'
1-1,/4' PAY O 590 WLL #1 TO TANK
V DIRECI BURY PUMP WRE
@
PUMP/CHLORINA
HOUSE & 6,000
noN
GAL,
URE
WAIR STORAGE TANK
(sEE DEIAILS),
@
&
a \l@
\o
b't6()POLY O,9
1"1
e
+' csbi.o sza'
1" POL
a\
\r
lE
V
5^/'o. \
4' C900 0
ETot6t
fiEd-
w
()o*y.
tq-!
Out ---<=a{fa---.---
GRAPHIC SCAI.E
IICII!
@**
ohp--
Qffiffiu
F offi]W.s
pr rO.6ilEEir
uu $***
+.'e@ft,dM I
TYPICAL POND CROSS SECTION
1v
Woter Line
\. NOT rcR CONSTHUCTION q
)
CORP sIOP,
STOP VALI
t'
{:E
0'5 8
!Ef;i
!EEE
f;xE
' L}g-J----
- Hqsa
___l
loo
aE
sBEr
HI$E
--LAT
o-_ ctsess2oo
r5"
-05
Out
Ia
+\,.-.. t\
-y''
"\-:-.
.A -LO-T
'\\
1{
1s" jDA
--d. cuss 2oo
CULVERT _
PIP€
',,I0{.
\\
(TYP. )
\,/
(
4 v
rrri
NEW 1 5,
"ADSd
q;
o
LO
LLO
D
-q5a-LEGEND
GRAPHIC SCAIT {>
( trE)
I lil l tllt il lIlt iltt
ABANDON IRRIGA]ION D]TCH CLOSE
TO COUNTY ROAD SHLDR
(.)
I
EX. 1 CMP
PEA( FLOW
5.454 CFS
IEEGAIION-.eUUP-SCHEUAIICEVENT
10 YR.
25 YR,
100 'tR. 12.227 CFS
EX. 18" CMP
EVENT PEAX FLOW
10 YR, 4.702 CFS
25 YR. 12.525 CFS
1OO YR, 2E,O2E CFS
-
SUBMERSIBLE PUMP,/CASING DETAIL
NO SCAE
NEW IRRI
6" C900
FOR DRY
DITCH
d
9u
EI
t5
da
6
ACCESS qST
PIPE LOT 7'oa
rzd aa
F
\.
/>
\tr-'r!
Ol
It
\.-.1O
ar=lrr'
(.!tt CULVERT - 10 LF \-I t
LOT B'
,/ :,
\.
')
,. \..7-.
lt^ y/"(\
s
'o
,/v(
(
ONAG OIEffS TO
PROECT ELM. EMLffi
Illrarl-lrrilrailtal tlra
\
a \a.
\
.ro'zt^aa
\.,
l
c
i I@u@@fucEs@@4]ru@
@ilMfl@w@aemilv@ea'dffiffi
EruNNTUMErcM
E{mom
u.il
E6
Z
H
s
6
?
6
E
a
zotrof(fFazoo
(EoIL
Foz
P
6c
aI
e
6 t-
at
RIVER
9
T
d 8
a!
H,
4i
ET
E!
3i
E'
--t F:--I
-'i,),,l
(t.,.-.
I'+_
I!
E
t
_L_.t_-l
---:.l.''. ../
3*
tt
3
a
e
I
i
--\,
E!
E
U
ds
Ei
H;
$!
{"
E
F,lli*-
ii;li
I
'E
f
1_
i$a.
ai
v
c tI
_--.:r'--.
I
;+
\-\
i
-....-
/>,,,2
;tii
a
.*
t
I
It -+gF-
q
r\ I
ll
\t'i;
drll
.l
'eI
ta
i
i
2
d
s d@clumBmm]re4lru@
@@ru@a?EEgYwe6'tmary@
zotrof
TEFazoo
EoIL
HAiaz
Ei
Ep
drol
h;g
If
H
E
2
d2,
o:OI
AE
+i
4a
$t
OF
5"
H
I
i_- r-
EI.I:roNNW,l3gc 1e4vH
SmwovJD
_1",,.-.*
9
B
tl*8iiilr
i: i::
I,,
g
I
I
E
c
Ea9
l.
:.
ET
rE
.a
I
,'/,
t'
r/
a
3Il
EI
aE
5lrJ
@l
do{rl
Y-
Ex
P
',''/
Y
ir'
E5d
\rxrli
{
,l,*l
iq
5
h
I
c
E
3
Ila)
u
T
l
-1FrS-
-t{fiF-
-+s&s-
.1TfiF-
I
T
I
x,,, ,
I
I
bt
I
i9.
. _.1,._. . I
s
z
!I Bil€*@u?6ffivrc4sffiffi
@re!ffiEemrc4lru@
EE
'
E E!I r I5q
I
5
t"
a
t
\'I
f;
v
a!
fu
ar
-l
{
il
I
zotr()
LrJa
(nao
E.O
_l
I
!
J
F
Lr.lo
oz.
o-
o-
f
t
jt{TH
ffiHrerc
mwm
t
I
t
F
iJ
LE
*!
a
,q
,\
ir
Ei
o
I
6
,
6lFI
5lrul,;li
EIH
.ltrl<lL
l{ l:trlt
u ll.
Eli
?
3
I
IE.Z
tazltl
EE
8d!i
I
r
E
r
tI
U
r:IrrE,;; E"'
Li! :Ei
friEEE ,n';i
Hl,xffi Hi;!i
it
,I
E
E
I
E
b.BiialT,A! 8,3"
e E :EEI9 !r€EE:dEr 6LIc
SxEi:i!
I!
il
I
I ta
E
I
EII
I
s
a
dt
I
It
:
u
aTJ\\#5 /i{ \. il,I
E
i ."1?12iI EHll ls9=x
L
I
I
I
I
I
f;i
e.
E
I
f
c
c
I
o
Ill tp
I
rI
E
6
t
E
)
B
;r
sr
6
it
lE
E
E
I
a
I
I
c
E
E
:
3
E
iiltit il
3
a
\i
I
I
E
zotrol(EFazoo
(Eo]L
Foz
6I
,3#THffiTEPSTt
NXIJrc OY:TP
J
H
d
d,
4
ad(,
lifiir
@ffi8
E(@lffi6ra0
t
t!
5L,!il
m@*ffi
ulmffiYw&'ilffiffi
4
Hud)dH
Uz
AtdrJ()lI
ddd
Hd
=
Eg
il
Jd
E)olIdd
dl!l)d
Eql
EIdl
A
I
J
fr1t8:zz4
HE
HH
4',
d
!I
u
E
adcd
,)d.didq
dU
EIL
itE
iii
iil
ih
!;t
a
1.
$il
EI
!il,!,
E!!
I
tl
ii
l_
!rtr*
ET:!tF!E!
iE;
dlE
E, [:r! le$[;
{i tE
t"h !E
iilH
fifi,liftfiilIr
IliliiiEE
lEEEiuliiEr
Ii{EE:ri
6tEEna
II
!al
El ;1
EIE:rl9:
!:iE
-.8:epl
EEIEiiiE
ElE FI| Iirls rEE !t
!i*liiti,
EEi!EIiiEi
ililliii
IEiIIIIH
EEiEEEE
EIiIIifu
iilriEl
t;lE!ErE
ileE!5;!
iEEEIEEi
iEiiI;EE
i:EEE:E;
ErrErrer
I itg! EtrEH
E iEIEir Edlttr :ET:Ei :E-ct:! aiE:d
5!!fr:
E :EI:I
;s iEIEE
I:Ei!I:
IE:!EEi
I
TE
EE
E!
EI
ii
EiE
E9:
EEI
Esi
EE!
!Hfl
zg
g'
aE
OE
eu5
Yo
Ht*
$lq
EIE
Ela
.lx
IE
I
_t:
lt
Ire
J!,
ffii a
ffi
-l"L
$}ffi
fl
at
rltl
rl
!l
rl
E
6
d
E
-r"a!,
,rffi
DECLARATION OF PROTECTIVE COVENANTS
FOR
Gilead Gardens
TABLE OF CONTENTS
ARTICLE I. PURPOSE OF COVENANTS
ARTICLE II. OWNERS - HOMEOWNERS ASSOCIATION
A. Membership
B.Purpose...
ARTICLE III.USERESTRICTIONS
A. Permitted Uses
B. Accessory Dwelling Units
C. Duplexes/Trdulti-Family Structures
D. Outbuildings
E. Common Area .
F. Mineral Rights
ARTICLE IV. ARCHITECTURAL COMMITTEE
A. Architectural Committee . . .
B. Approval by Architectural Committee
C. Improvements-Site Location
D. Building Permit
E. Variances . .
F. General Requirements . .
l. Materials andLandscaping . .
2. Site Location . .
3. Fencing
4. Lighting
5. ISDS Design and Performance Swrdards . .
6. Drairwge Limitation
7. Wildfire Mitigation
G. Preliminary Approvals . .
H. Architectural and Site Development Plans
I. Architectural Committee Not Liable
J. Written Records
K. Authority to Promulgate Rules and Regulations . . .
ARTICLE V. RESTRICTIONS AND PROTECTTVE COVENANTS
A. No Further Subdivision
B. Domestic Animals
C. Underground Utility Lines
D. Service Yards and Trash
E. No Mning, Drilling or Quarrying .
F. Domestic Water System
L H azordou s Cros s-C onne c ti on
2. Irrigation Limitotions
G. Irrigation Water
1
I
)
2
2
2)
.2
3
3
.J-.J
4
.4
.4
.4
.4
.4
4
5
.5
.6
.6
.6
.7
7
.7
.7
.7
.7
.7
.8
.8
.8
,.8
9
l0
10
I
I
I.
J.
K.
L.
M.
N.
o.
P.
a
Primary Access
Trail and Park Area.
Hunting
Trash Containers
Damage Waiver
Removal ofCarcasses. . . . . . . .
Wildlife Brochure
Penalties/Wildlife Restrictions .
Weed Control
l. Prevention and Control .
2. Inventory
3. Eradication
ARTICLE VI. RESTRICTIONS ON LOTS
A. Number and Location ofBuildings . .
B. Completion of Construction
C. Used or Temporary Structures . . .
D. Enclosure of Unsightly Facilities and Equipment
E. Noxious or Offensive Activity or Sounds . . . . .
F. Air Quality Restrictions . . . .
G. Firearms ...
H. General Restriction . . .
ARTICLE VII. ISDS MANAGEMENT PLAN
ARTICLE VIII. COLLECTION OF AS SESSMENTS.ENFORCEMENT
A. Assessments . .
B. Lien for Nonpayment of Assessments
C. Enforcement Action . . . .
D. Limitations on Actions
ARTICLE IX. RESERVED EASEMENTS
A. Easements Shown on Final Plat . .
B. Easements for Utilities, Access and Repairs
ARTICLE X.INSURANCE
A. Types of Insurance . . .
ARTICLE }il. GENERAL PROVISIONS 2I
A. Declaration to Run . .
B. Termination ofDeclaration
C. Amendment ofDeclaration
D. Severability .
E. Paragraph Headings . . . . .
F. Limited Liability
t2
t2
12
t2
t2
t2
13
l3
l3
72
t4
t4
15
l5
16
l6
16
t6
t7
t7
t7
t7
t7
t8
t8
l8
l8
......10
......10
......10
......10
...... 11
..... 1l
...... ll
...... 11
...... 11
..... 11
. . . ... 1l
...... ll
DECLARATION OF PROTECTIVE COVENANTS
for Gilead Gardens
September 41 2003
THIS DECLARATION OF PROTECTIVE COVENANTS FOR GILEAD GARDENS iS MAdE ANd
entered into this day of , 2003.
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 Glead Gardens (the
"subdivision") consisting ofNine (9) lots (the "Lots") as defined and described in the Final Plat (the "Final
plat.) heretofore recordld as Reception No. in the Offrce of the Clerk and Recorder of
Gartreld County, Colorado. tt 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 strenghen the community,
to p."ri*" the present natural beauty, character and views of the Subdivision to the greatest possible
extlnt, 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 Glead Gardens Homeowners
Association (hereinafter the "Association"), a Colorado non-profit corporation, in accordance with the
Articles of Incorporation of the Associatiorq 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, repaig and otherwise protect and promote the
interests of the Owneis 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
Declaration of Protective Ctwenant
Gilead Gardens -L
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 (l) single-family dwelling, together with structures appurtenant
or accessory thereto, shall be constructed on any Lot. The minimum size of a famil d
The maximum size of
dwelling shall be l0 exclusive of open decks, carports
garages
B. Accessory Dwelling Units.
and 9 in accordance with Section 5.03.2
hffi"i*ions thereof. The gross floor
(1,500) square feeEexclusive of
affinitshallnot
bikes and the park and recreation.
access, and enjoyment in and to the
#
Declaration of Protective Covenant
Gilead Gardens
units shall be on 1 3
be included in the minimum or maximum amounts of square footage for
dwelling units as provided in paragraph A. above.
C. Duplexes/lVlutti-Family Structures/Illobile
Duplexes, multi-family structures, mobile home trailers or
Home Trailers Manufactured Housing.
recreational campers or trailers used as a
pflmary residence, and manufactured or other housing constructed ofF-site in the
Subdivision. An umt or not attached to a residential not cause
the structures on a to be considered a duplex or multi-family structure
D. Outbuitdings. 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
ihuli"*"""Q 25 feet in height. No auxiliary building shall contain living facilities or be used as a dwelling
unit except ffi-*" toilet facility per auxiliary building shall be allowed.
E. Common Area. The common area includes easements for the trials for pedestrian and
Owner shall have a and nonexclusive easement of use,
I of the County zonmg and shall be subject to
area an accessory dwelling unit shall not exceed fifteen hundred
porches, decks, carports and garages. The square footage of any such
Common and on the Plat,ect to
This Declaration, the Plat and any other applicable covenants;
1. 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;
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
2. 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.
./,/-
F. Mineral Rights. Lot owners shall be aware that a potential exist for mineral exploration or
extraction within this Subdivision. Gas exploration is occurring within the area. The mineral estate will
allow the drilling of a well within 160' of a house.
ARTICLE TV.
ARCHITECTURAL COMMMTEE
A. Architectural Committee. The Architectural Committee shall be composed of three (3)
1 ptryFersons who shall be appointed. by the Board .of Directors of the Association (the "Board"). The
persons servmg on the Architdiral Committee shall serve at the pleasure ofthe 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 Arihitectural Committee. The members of the Architectural
Committee may also be directors of the Association and need not be Owners. The Architectural
Committee shali 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.
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 worlg except as Declarant may be specifically permitted to do by this Declaration or required to do
by any subdivision improvements agreement 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 Architectural Committee specifically approves the finished exterior
Revegetation of all infills and cuts will be required.
material and color of such roofl
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 plaq a soils and foundation
report and an ISDS design both prepared and certified by a professional engineer, and a complete list of all
nnistred 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 and engineer. The
Architectural Commiuee shall have the right to request whatever additional specification information,
plans, specifications, reports and the likt it deems necessary to evaluate the development proposal
ihroughout the approval and construction process. In addition, the Architectural Committee may adopt
rules ind regulations which shall specify additional informatioq reportq plans, specifications and the like
required tole submitted to the Architectural Committee and to be deemed part of the Plans for all
p,r.por"r hereunder. In the event the Architectural Committee fails to take any action within sixty (00)
iays after three (3) copies of the Plans have been submitted to it and the submittal has been certified in
*ritirg by the Architeitural Committee as complete, then all of such submitted architectural plans shall be
deemed to be approved. The Architectural Committee shall not unreasonably disapprove an] Plans. The
majority vote of the full number of members of the Architectural Committee then in offrce shall be
required for any approvals described herein. In the event the Architectural Committee shall disapprove any
plans, the Owner bn Urt Uf of which such Plans have been submitted may appeal to the Association at its
next annual or special meeting called for that purpose where a 75Yo vote of the Members' votes entitled to
be cast at said Members' .eetirrgs shall be required to change the decision of the Architectural Committee.
Declaration of Protective Cwenant
Gilead Gardens 3
C. Improvements - Site Location.All improvements fences,
driveways, walks, utilities, irrigation and drainage improvements, septic system, or ) shall be,-
constructd within the depicted on the Final Plat.No structures or
percent (40%) oror vegetation,be constructed on forty
greater slopes.
D. Building Permit. An Owner may apply for a building permit from the Garfield County
Building Department ut *y 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 ih. guitaing Department differ in any substantial way as determined by the
Architectural Committee, then all approvals of the Architectural Commiuee shall be deemed automatically
revoked.
E. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural
Committee may, by an affrrmative vote of a majority of the full numbers of members of the Architectural
Committee then in offtce,allow reasonable variances as to any ofthe covenants and restrictions governlng
architectural control contained in this Declaration and/or policies or rules promulgated by the Architectural
Committee, on such terms and conditions as it shall requlre No shall be which
was
from County for the Subdivi or which violates the Land Use and
without written notice of the request for such variance provided ten
(10)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 griatest extent possible) with the natural surroundings within the Subdivision and with other
,t-"tu."-r and improvements within the Subdivision as to desigg materials, color, siting, height, grade,
finished ground elevation of neighboring lots and other design features.
1. Materials and Landscapizg. 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 tn" finished grade and floor elevation with the natural setting within Subdivision.
2. Site Locatioa 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.F,outside the shall be restricted throughout the
Subdivision to facilitate
peripheral fencing the sron ts to restrict domestic livestock granng
on adjacent properties, fencing shall employ one of the following options
a. A three strand barbed wire-fence, with strands at eighteen (18), thirty (30) and forty-two
(42) inches above the main ground level.
Declaration of Protective Cwenant
Gilead Gardens +
b. If other matenals (such as wood, steel, or other synthetics) rail fencing is used, it shall
not exceed forty-two (+Zl inctres in height and twelve (12) inches in width (top view), and
an opening in itre lower'one-half of at least sixteen (16) inches to allow passage of deer
fawns and elk calves.
visible from outside of the Owners' respective
preserve the rural character of the Subdivision
while maintaining a safe atmosphere.
Owners shall be vacy or forty-two (42)inches in
no so
under the Plat for that Lot.
4. Lighting.The Architectural Committee shall consider exterior lighting plans and
will require that all be directed downward and towards the It
will also recommend that all Owners every possible to uie of exterior lighting
at night. It shall encourage Owners to build in such a fashion that all light sources not be directly
Lot.The intent behind these considerations is to
by limiting exterior lighting as much as possible
5. .ISDS Design and Perform?nce Standards Each ISDS installed within the
SubdivisionaftffiLlaration,shallcomplywiththefollowingrequirements:
a. Each system shall be designed by a professional engineer registered in the
State of Colorado, pursuant to Colo. Rev. Stat. 5 12-25-ll I (2000);
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
for a single-family dwelling or at least (2) bedrooms for a accessory dwelling unit;
d. The tops of all tanks or risers extending therefrom shall be surface accessible
to facilitate system testing and maintenance; and
e. Monitoring pipes shall be installed at the far end of each trench segment to
allow inspection of field tondition. If a seepage bed is be utilized, single dosed zones shall
be acceptable. If mounding is required to establish (a) 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.
Following ISDS installation, each Owner shall provide the Architectural Committee with
as-built drawingi depicting, in relation to the other improvements on the Lot, the location and
dimensions of t[e 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
Commission".s fo, Carneta 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 eiercise any other right or power affiorded under this Declaration,
Declaration of Protective Covenant
Gilead Gardens b
including, but not limited to, the initiation of appropriate proceedings in the District Court for
Garfield Coungr, Colorado, to compel enforcement of the same'
The provisions of this paragraph shall not be amended or repealed by the Declarant,
Association br Owners without the *ritte, consent of the Board of County Commissioners for
Garfi eld County, Colorado.
Drainage Limitations. All located
shall so as to preserve historic storm over and across all Lots.
7.@Propertywithinthebuildingenvelopesshallcomplywith
theincorporatedorreferencedintheCovenants,andshall
included the following:
a. Trees greater than l5-feet in height at maturity should have a minimum
spacing of lo-feet beiween the edges of the crown. All dead trees should be removed.
b. Spacing between clumps of brush and/or shrubs should be2 Yz times the
height of the vegetation.
c. 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.
d. All ladder fuels should be removed from under brush, shrubs, and the tree
canopies.
e. 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 l0-
feet above the ground or Vzthe height of the plat, whichever is the least.
f. Lawns should be kept to a maximum height of 4-inches.
g. Brush should be removed around the perimeter of all residential structures
for a dislance of 2times the height of the brush or completely removed within 1O-feet of
any residence and trimmed down to a height less than S-feet within 2O-feet of any
residence.
G. Preliminary Approvals. Owners who anticipate constructing or modi$ing 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 suffrcient 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 Cwenant
Gilead Gardens b
6.
envelopes
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 r.rponsibility for any representations made to any Owner or prospective Owner
by any third partier. it " 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
irnuirv 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
ieguht[ns may include submission requirements concerning the type of information, reports, plans and
sptifications, and other information necessary to make an informed decision regarding requests for
development, alterations and the like.
ARTICLE V.
RESTRICTIONS AND PROTECTTVE COYENANTS
A. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or
or encumbered in less than the full as on recorded Final Plat; provided,
conveyances or dedications of easements, if approved by the Architectural Committee, 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,
than 3 horses may be kept at anyone time on anyone (l) Lot. With the exception of pigs, otherno
farm or as 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.
Owners shall be entitled to keep on their property pursuant to the following restrictions and
subject to any rules and regulations,which may be promulgated by the
Association:
l. 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 for each
residential unit;
Z. Dogs shall be kept under the control of their Owners at all times and shall not be
permitted to run fr"" o. to cause a nuisance in the Property. No dogs shall be allowed beyond the
|oundaries 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;
Declaration of Protective Covenant
Gilead Gardens +
5.
animal waste;
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 of barks 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;
All dogs shall be kept reasonably clean, and all Lots shall be free of refuse and
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 ieast two (2) days before disposal oicurs. 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 bottr, 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. Undefsfound Utilitv Lin$All new water, sewer, gas, electrical, telephone, cable
television and other utility pipes or lines within the limits of Subdivision shall be buried 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 revegetated by and at the
expense of the respective Owners causing the installation of the utilities no later than the next growing
season following utility installation.
D. Seruice 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
iumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any
fot. Rtt scraps, r"fui" and trash shalt be removed from all Lots, shall not be allowed to accumulate and
shall not be burned thereon.
E.Mining,quarrying,tunneling,excavatingordrilling
for any other substanc.r *ithin the, earth including oil, gas, minerals, gravel, sand, rock and earth, shall
not be permitted within the limits of the Subdivision.
F.
distribution
Domestic Water Potable water shall be supplied to each Lot a domestic water
Association.water use
be measured by water meters or other measuring devices approved Meters or
measurmg devices shall be installed at Lot 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
to maintain a sufficient oPerating
De claration of Protective Covenant
Gilead Gardens
allotment contract,Contract No. 0I0322GGHA and the costs required
reserve(s). Each Owner shall pay to the Association the rates, fees or
"E
charges applicable to his respecuve Lot. The obligation of Owners to pay the Association for such water
servi-ce ,t utt U. a personal obligation of the owneiwhich 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")
iontained within the Code of Coloiado 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 *[i.h contain water not meeting the provisions of the
Colorado frimary OiintingWater Regulations, 5 CCR lO03-1. For the purpose of this
provisiorq "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 oriystem through which it is possible to introduce into any part of the potable
system ury ,r"i 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 or changeover devices
throulh whiih-or b".urrr. of which "backflow" can or may occur are considered to be
cross-connections;
(l) 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
initallation 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
if
-O)
cUenaar days of its discovery. The cross-connection shall be corrected within
ien-(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 compty with the above provisions
may result correct the cross-connection may result in the termination of water
service.
2. Inigation Limitaions Water the domestic water
used to more 1 000 square feet Lot
Owners of which shall not be to more square feet. Atl
1
shall be
Declaration of Protective Cwenant
Gilead Gardens
and
Water Allotment Contract No. 0I0322GGHA.
Water
G. Irrigation Water.shall be to each Lot
ditctu pond(s)which shall be owned,
responsib le for setting all rates, fees or charges for the provision of
irrigation water through said system, which rates,fees and charges will be suffrcient pay for all costs
incurred in providing the same and in maintaining a suffrcient operating reserve. 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
shall have the power and duty to enforce.
of the Owner, which the Association
H.@.WastewatertreatmentshallbesuppliedtoeachLotbyISDS
installedbyeacffiwiththeISDSDesignandPerformanceStandardssetforthwithin
Article IV and maintained by the Association in accordance with the provisions of the ISDS Maintenance
plan set forth in Article VII. T.he 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 ""ih Lot for such inspection, maintenance and repair shall be a personal obligation of
the Owner theieof which the Association shall have the power and duty to enforce.
1. Primary Access. Primary access to the Subdivision is from Garfield County Road 335,
Harvest Lane, and Garden Circle. The on-going maintenance costs shall be borne exclusively by the
Association in accordance with the provisions of this Declaration.
J. TE1UC :a1lr area. The trail for pedestrians and bikes and the park and recreation area
are for the use ofrers, which shall be owned, operated and maintained by the Association. Any
improvements and on-going maintenance costs shall be borne exclusively by the Association in
accordance with the provisions of this Declaration.
K. Hqaling-Jn the event of conflict with wildlife on a Lot, the Owner shall contact the
Colorado Diviffii-of WitOff" 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.
L. 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- proof by
theNorthAmericanBearSociety,theNationalParkServiceorttrE.C;
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 (l) hour following
collection by the Owner's waste service provider.
M. Damage Waiver. The Association and the Lot Owners hereby waive and shall hold the
Colorado Divisioi-of-Wilffi 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).
of Carcasses. The Association and Owners shall be responsible for the removalN.
and proper disposal of all
Declaration of Protective Cwenant
Gilead Gardens
carcasses located within the Subdivision.
1o
O. Wildtife Brochure. The Association shall maintain at all times as part of the regularly kept
records ofthe Association, the Wildlife brochure attached hereto and incorporated herein * EjhfulA
p. 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) foi 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-
a. Wbed Control. The Association shall implement and follow a program of noxious weed
control *ti"tr may Affis-ihe 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:
l. hevention 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 io each Lot yearly. An accurate record should be ffi o-ffie application and success of weed
eradication efforts.
3. Eradicatiott- 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 or plant pathogens) 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 University Cooperative Extension Service and from the Garfield Count
Office of Vegetation 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.
Declaration of Protective Cwenant
Gilead Gardens tl
ARTICLE \1I.
RESTRICTIONS ON LOTS
A. Number end Location of Buitdings. 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.acti on be
tully cleaned within eighteen (18
Owner of the Lot shall first a vanance 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
erectedortemphome,manufacturedhome,ortrailershallbelocatedwithin
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
Certifiiate of Occupancy, whichever first occurs; provided, however, construction trailers may only be
used for constructiorq 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 screened or
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, trucb trastor, 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
from view by plantings or fencing approved by the Architectural Committee 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.
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 BLard 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 25-7-401et seq., and the regulations promulgated
thereunder.
Declaration of Protective Covenant
Gilead Gardens iL
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 "*tlurir.ly within the Asiociation. 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 thereoi such ownership and responsibility for construction, repair and maintenance to remain
with the Owner.
1. In accordance with the above, the Association shall
e. 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 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 every two years; 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 the extent of all
maintenance and.ior 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 anyone calendar year, $1,000.00:
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 the 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:
(l) To impose against Owner, a fine not to exceed $200.00 for each day in which
the ISDS remains unrepaired; and/or
De claration of Prote ctive Covenant
Gilead Gardens
t3
(2) To complete on behalf of the Owner the requrred repairs to the ISDS. All costs
incurred byltre 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
ofthe ISDS management plan set forth in this Article MI., the Board of County Commissioners for
Garfield County, bolorado and its duly authorized representatives and agents, shall have all the
right to enter tle Subdivision and implement and enforce such provisions at the expense of the
Aisociation 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 provisions of this management plan.
B. The provisions of this Article VII shall not be amended or repealed by the- Declarant,
Association or O*ners 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,
eipensei 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 satisfu 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 of Directors, any
fines which may be levied on an Owneq 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. Atl sums unpaid on a first mortgage of record, including any unpaid obligatory sums as
may be provided by encumbrance.
Declaration of Protective Covenant
Gilead Gardens I ,l
Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above
described shall be superioito 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
conveyanci 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 ofDi.ectors 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 shali prepare a written notice setting forth the amount of such unpaid indebtedness, the name of
the of theLot and-its legal description. Such a notice shall be signed by one (1) member of theB_oard 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 mortgige 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
foieclosure, 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 Associatioq acting by and through its Board of Directors, 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 additioru 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
ii.. to time by the Board of Directors but not to exceed one and one-half percent (lyz) 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 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 zuch violatioq then injunctive or equitable relief shall be denied, but an
action for damages shall still be available to any party aggrieved. This one (l) year limitation shall not
apply to injunctive or equitable relief against other violations of this Declaration.
ARTICLE IX.
RESERYED EASEMENTS
Declaration of Protective Cwenant
Gilead Gardens /s
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 teievision 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 eiercise of an easement shall be reasonably repaired by, and at the expense o[, 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 reseryes 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, installatioq 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.
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 fnsurance. The Association may obtain and keep in full force and affect the
following insurance coverage:
l. 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 oflicers of the Association, including
committee members, against libel, slandeE false arrest, invasion of privacy, elrors and omissions,
and other forms of liability generally covered in offtcers and directors liability policies.
Declaration of Protective Covenant
Gilead Gardens
tu
3. Property insurance on the Common Area for broad form covered causes of loss;
except that the total amount of insurance 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 dite, 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, llcse, 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.
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 Subdivisioq 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.
Declaration of Protective Cwenant
Gilead Gardens
1+
E. Paragraph Heaorngs. The paragraph headings within thrs 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.
IN WITNESS WHEREOF, this Declaration of Protective Covenants for Glead Gardens has been executed
as ofthe day and year first above written.
DECLARANT
BBD Trust
By David J. Miller, Trustee
By Renee T. Miller, Trustee
STATE OF COLORADO
COUNTY OF
The foregoing instrument was acknowledged and sworn to before me this day of 20
by the Declarant, David J. Miller and Renee T. Miller, Trustees for the BBD Trust.
Witness my hand and official seal.
NotaryPublic
My commission expires
ss
)
)
)
Declaration of Protective Cwenant
Gilead Garfuns tb
9t/ wr!.twc1 ;[{
amending condition #3 so that the
BOCC approval and pnor to the BOCC approv
y address the existing safety issue with the old pipeline.Jock
Kit's motion. All approved
The next item on the agenda is a public hearing request for review of a Preliminary Plan
application for Gilead Gardens. The property lies between CR 335 and the Colorado
Riu"r, approximately 3 miles west of Apple Tree Park. The applicants are proposing to
subdivide a 35 acre parcel into 10 lots; 4 of which propose ADU's. The applicant is
BBD, a Trust and David & Renee Miller, Trustees.
Phil reviewed the procedures for this hearing. Staff would present first, questions from
P&Zto staff will be next, then we will move out to the applicants presentation followed
by questions from staff and/or Planning Commission, move out to the public for
comments after that. Phil mentioned that there is a sign up sheet for all who would like
to speak on this matter. There is a three minute rule that will be applied to anyone in the
public that wants to speak. Time can be donated by others up to 15 minutes.
The applicant introduced themselves. Bruce Lewis is present as the applicant's
representative from Boundaries Unlimited. David & Renee Miller are also present.
Phil swore in all speakers for this matter. Carolyn reviewed the noticing requirements
with Bruce Lewis. Names of adjoining property owners and mineral owners were
checked about 45 days ago with the Assessor's records. Two letters were returned for
addresses not being valid. One was for Lori J. Harris and the other was Frank Montover
(can't read name due to Post Office stamped over it)
Steve Beattie is an Attorney here tonight representing some of the adjoining property
owners. He said Lori Harris, the next door neighbors. Steve says Lori never received
notice. She is one of the people Mr. Lewis said he had a wrong address on. Loris is here
tonight to confirm that issue.
Carolyn asked a few question of Lori Harris. Is your address 1077 CR 335? Lori
r.rpord.d yes it is. Carolyn asked if she had received notice of this meeting by certified
return receipt mail. No was her response. Carolyn asked how she heard about this
hearing. Lori said about a week ago her neighbor came over and talked to her about it
stating there was a hearing scheduled and that is how she found out about it. Carolyn
would like as a special exhibit to this meeting that shows the certified letter was sent but
marked as 'lrncliimed" by the Post Office. Carolyn did veriff the address and the letter
was properly addressed, it was marked as'1rnclaimed". (Mark as a special exhibit A-l)
Phil would like to proceed with hearing due to the letter was sent to the correct address,
the owner is here, and the neighbor had informed Ms. Harris about this meeting. Phil
discussed this with the other members. Kit agreed that the applicant has followed the
proper procedures for noticing. Phil says they are entitled to proceed.
7
Ham Dubois, an adjoining property owner wanted to speak. He said he did not see any
posting. He wants to know where the posting was. Carolyn asked Bruce about his
knowledge concerning who in his organization posted the property? Bruce said Phil
Harris, a Partner of Boundaries Unlimited did the posting of the property and it was
posted at the main entrance of their residence where he was told to post it by the Planner.
Carolyn asked if the posting was visible from the County right-of-way. Bruce said he did
not verifo that. Bruce said when he drove by it was apparent to him. He drove on CR335
and it was visible.
No objections were made by the Planning Commission to continue on with this hearing
tonight.
Tamara is the County Planner on this project and she would like to enter exhibits A-U,
including A-1 into the record without reading each one. Phil accepted all of these
exhibits into the record.
Tamara will give a brief presentation because it appears there are a number of people
present who would like to speak on this proposal. She wants to point out some issues and
then address any questions. Tamara wanted to make one clarification and that is the
property is 35 acres and they are requesting 9 lots not 10 as stated on the agenda. On
those nine lots, the applicants are requesting 5 ADU's in addition for the parcels that are
greater than four acres each.
An aerial photo was provided on the first page of the staff report. The property is
outlined in black. A portion of the property goes into the Colorado River. There is
approximately 4 acres of the property that is located within the 100-year floodplain,
however no development is proposed in that area. There arc 2 existing residences on the
property. One of thern is located on proposed Lot 1 and the other is on proposed Lot 5.
The lot sizes being proposed range in size from2 to 7 acres each. The applicant is
designating building envelopes in which building will be confined to those envelopes.
The envelopes range from 0.5 to 1.5 acres in size.
In regards to the Comprehensive Plan, this property is located in Study Area} and 3. It is
located within the 2-mile sphere of influence of the Town of Silt, and is partially located
within the 3-mile boundary of the Town of New Castle. We did receive comments from
both of those entities. Those comments were received during Sketch Plan and we did not
receive any revised comments from either one of them. Tamara did provide Commission
with a number of policies in the Comprehensive Plan related to Recreation & Open
Space, Open Space & Trails, Agriculture, Water & Sewer Services, and Natural
Environment that she thought pertained to this project.
The zoning on the property is A/R/RD which allows for a minimum lot size of 2 acres per
dwelling unit.
The applicant is proposing to use a central water system and those plans were reviewed
by the Assistant County Engineer. According to section 9:53 of the Subdivision
8
Regulations, requires a water system to be looped. The plan provided is not a looped
system. The applicant has been working with the Assistant County Engineer to rectifu
that issue and Tamara has made it a condition of approval.
We did receive comments from the Division of Water Resources and they had indicated
that there wouldn't be any material injury to the water rights with basically the caveat
that the covenants need to be modified to conform with the conditions outlined in their
approved well permit and that as long as the County is satisfied with the proposed central
water system.
The wastewater system will be ISDS on each lot.
The applicant has indicated that they do have some irrigation water rights from the
Goldman Ditch Pump and the Ward Reynolds ditch. The irrigation water rights will be
owned and maintained by the HOA and the ditches will remain in there current location.
There will be platted easements for these ditches. The applicant had started constructing
a couple of ponds on the property. They have since stopped construction of those ponds.
Will wait to complete these ponds after preliminary plan approval.
The applicant is proposing a private park along the Colorado River as an amenity to the
property owners and their guests. This park will be located primarily within the
floodplain of the Colorado River. They are also proposing a private trail in this
subdivision.
A geological report was provided that was done by HP Geotech dated December 29,
2000 and it was for 8 lots on3-7 acres in size. Staff feels that we need an updated letter
from HP Geotech to make sure there weren't any changes from the original report that
was submitted with the application. Tamara has made that a condition of approval.
They did provide a drainage plan and they are not anticipating any detention ponds on the
property due to the size of the lots.
With regards to access, there are three access points to the property right now. There are
two access points on Lot 1 and one is shared with a neighbor. The third access point is
down on Lot 5 which also serves an existing residence. The applicant is proposing to
eliminate the access point on Lot 5 and one of the access points (not the shared one) and
they are proposing two accesses from CR 335. We did receive comments from the Road
& Bridge Department and they had some recommendations which were incorporated in
the conditions of approval.
In regards to fire protection, we did receive comments from the Burning Mountain Fire
Protection District (exhibit S). The Assistant County Engineer is concerned with the
letter that we received from the Burning Mountain Fire District did not represent what
was provided by their consultant. Tamara did speak to Michael Watts and the letter we
received should be considered as part of this application.
9
The application was sent to the RE-2 School District, however we did not receive
comments therefore there is no site acquisition fee required for this development. The
BOCC can only request cash payment if it is requested by the School District.
Staff is recommending approval of this Preliminary Plan application with the conditions
listed on pages 19-25 of the staff report.
No questions for staff at this time so we moved to the applicant's presentation next.
Bruce thanked Tamara for her work and asked the Miller's to give their reasons for the
decision to go through the subdivision process.
David and Renee Miller stated their reasons for subdivision request
o Subdivision-financialreasons
o Family-keep 3 lots
o Friends
David thinks he can address some of the density issues tonight that his neighbors have
Bruce Lewis made a presentation on behalf of the applicants David & Renee Miller. He
wants to cover a few items. Want to address the main concern areas. Bruce reviewed a
map of the location of the project. Aerial photo shown from 1990's.
Currently there are three accesses to the property. Two residences, pasture property,
outbuildings, all exist on property. Nine lots proposed, with irrigation easements, include
building envelopes to maintain open area as natural or used for agricultural purposes,
trails.
At sketch plan application they had come in with a total of ten lots. With comments from
the audience andP&Z they were asked to re-visit that issue. They decided to address the
density by reducing the numberby l\Yo,basically reducing the number by one lot. Bruce
agreed that by making this reduction, it did make the project lay out a lot better. Lot
numbers 8,9,2,1 and 5 will be the four lots with the accessory dwelling units.
There are two ponds and each cover 2 acre surface area. Each holds approximately
1,000,000 gallons. Ponds will be lined with a PVC liner. (3-1 slope)
Three purposes in mind for these ponds:
r Aesthetics
. Storage for irrigation
o Fire protection storage water
They will be fed by the existing irrigation ditch. Bruce had met with previous Fire Chief,
Joel about fire storage and he was quite happy about the amount of fire protection storage
water that they were planning on having. The applicants also offered a dry hydrant at end
of Harvest Lane which the Fire Chief was satisfied with.
l0
The code requires a looped system. Bruce agrees as an Engineer that this is a good
design for urban or higher density projects. Two major reasons that engineers want a
looped system is dependability for fire flow and reliability so there are two ways for
water to get to any point. Line breakage is another reason for a looped water system.
Bruce said they will be asking for a waiver of the looped water line requirement.
Moved to questions for the applicant next.
Kit asked why the ponds overlap the building envelopes on Lots 8 & 9. Bruce responded.
It was asked that the ponds be placed closure to the residences. Bruce said that can be
moved. The covenants will state that no improvements will be allowed outside of the
building envelope. Kit also wanted to know how a structure fire would be put out if the
ponds were frozen. Bruce responded that the way adry hydrant works is that it basically
has a drain on the lower part of the pond. Even if the pond freezes on top there is still at
least 80-90Yo thatis still available. There is a sucking pipe that is located below the ice
so there is still plenty of water available. Kit asked about the trail and would it be
included in the initial phase of construction. Bruce replied yes, that would be done early
on. Concerning the water supply, how will water be substituted when there is no plan in
effect. Bruce said from what he understands is that they have a contract with West Water
Divide. Bruce is not a Water Attorney so he doesn't under stand all the regulations. It is
avry reliable plan for augmentation.
Jock was wondering with the 2 cul-de-sacs how will drives get to building envelopes.
How do you get over to lot 1? Bruce responded. They agree with the Road & Bridge
Department that no lots will be allowed access off of Colorado River Road except for Lot
1 and sharing that driveway with two adjacent properties. Lot2 & 3 will bring in drive
above the ditch. The covenants will allow driveway improvements outside the building
envelope. Lots 8 & 9 will come off of the cul-de-sac. Will have to show driveway on
site plan when submitting for building permit. Lot 7 is basically a direct shot off of the
cul-de-sac. Jock also asked where the head gates for the ditch are. Bruce said they are
the last users even though the have a fifth of the water rights. Bruce showed where it
comes in and crosses the property and where the gates are located.
Cheryl asked if they are going to put sprinklers in instead of flood irrigating. Bruce said
they are putting in pressurized irrigation systems. Will have metered water system to
each lot with metered stub-outs to each lot. Will the ADU's and out buildings be outside
of the building envelopes? Bruce said all structures will have to be in the building
envelope. Encourage ADU's to be part of the home or above the garage. Cheryl asked
Tamara that if they make the ADU as part of the house doesn't that make it a duplex?
Mark said as long as they are not attached then it is an ADU.
No further comments or questions at this time so we moved out to the public for
comments.
The first speaker is Stacey Bosworth, who lives at0322 Mid Valley Drive and here
concerns are about density. Other lots in the area are 6 acres in size. She likes the
1t
openness of the area. Would like to see bigger lots. She is also worried about more noise
and traffic
Steve Beattie spoke next. He has a total of 15 minutes to speak because others donated
their time to him. Steve wants to hand out a number of exhibits that he will be referring
to and asks that these be entered into the record. Phil accepted them under "Exhibit W".
Steve clarified do you want thern all to be listed under the same exhibit and Phil said yes.
Carolyn suggested for easy reference to call each exhibit as Wl, W2, W3, etc. (Wl-W7)
Letter dated July 3 to the Commissioners signed by a number of individuals (W1); W2
will be a colored map; all photos (W3); building permit application for straw bail house
(Wa); letter from Mr. Frei (W5); quick claim deed (W6); Wright Water Engineers July
9'h 1w1.
Steve Beattie is an Attorney here in Glenwood Springs and he is representing at this
hearing Bob Regulski and Mr. & Mrs. Ham Dubois. He willbe expressing views that are
shown in exhibit Wl. This letter reflects the signattxe of 24 individuals in the vicinity of
this development. The map included under exhibit W2 will show the location of where
these 24 individuals live in relation to this property. Need to consider the character of the
neighborhood as well as the people who live in the area that express to you the lack of
appropriateness of this proposal. A medium size lot in this area is 6.5 acres. They feel
the density is too high for this area.
Steve spoke next about fire protection. Ditches don't run all year round. Water rights in
ditch are entirely and solely for irrigation use. No agreernent has been made with the
ditch company for fire protection. Steve referred to letter from Fred Frei dated 7/8,
(exhibit W5). Fred is the President of the Ward Reynolds Ditch Co. and there is no
agreement with the ditch company at this time. Would like Commission to make a
recommendation of denial based on what you know about the water rights and what is
truly available.
Next Steve wanted to discuss the photos he handed out. (Exhibit W3) The first 2 pictures
show a plat form with humps behind them. These were going to be used for BMX
motocross track. The next set of photographs so the straw bail home (the home is on lot
5) and it leans sideways. The landscape of property surrounding the house is nonexistent.
The third set of photographs in the background show humps. These are piles of gravel
that have been dug up for the two ponds they are proposing and are not yet completed.
The final set of photographs show the Miller's home with a berm and no landscaping in
place. The other photos show some storage and other material out on the property. They
are showing these photos to show what the character of this development will turnout to
be in their opinion.
Phil stopped the meeting and told Mr. Beattie that he is getting into a credibility of the
developer issue and Phil thinks you need to be very careful how you enter into that. It is
not part of our code. He is just cautioning Steve a bit.
T2
Steve would like to bring your attention to the quit claim deed between Thomas Bradtke
and Robert Regulski when he bought a portion of the property for water rights. 75 hp.
Pump is an old pump that needs replacing should be considered by the applicant for cost
incurred by use on the ditch. In a letter from Wright Water Engineers they state that a
central water supply should be developed with treatment. Steve thanked the Commission
for their time and consideration.
The next speaker is Will Dubois and he lives at 0405 Mid Valley Drive. His property
adjoins this subdivision and he is concerned about the density proposed. This is a rural
area with 6 acre lots. He is concerned with the quality of construction. The ponds are of
grave concern. Sink whole possibility. Asking for a recommendation of denial and ask
applicant to come up with a better plan.
Lori Harris of 1077 CR335 lives next to lot 5 and she is concerned about the property due
to the lack of maintenance on the property. They have buried cars on the property to
make their berms. Lori has had to call the police for various reasons over the years.
There is a BMX track and burnt cars on the property. Fences are torn down.
The next speaker is Mark Bosworth who lives at0322 Mid Valley Drive and his property
is one lot over from lots 5 &,6. The Miller's are great people and he has nothing against
them. He questions the viability of affordable housing and the affects this has on
property values. Concerned about with the habitat in the area. Bringing in more
domestic animals will affect horses in the area.
David Nicholson who lives at0029 CR 335 spoke next. He is concerned with ponds in
relation to the top of the bank. His main concerns are with emergency access. There is
no looped road5 proposed and he thought it was a condition. Harvest Lane 5-7 fill. The
other thing is asthetics. Maybe have a corridor for the driveways. Setbacks also.
Paul Currier, Rifle, CO. He thinks this is a good use of the land. He is speaking in favor
of this project. Calling for open space is a myth unless people pay for it. Ponds will be
okay with West Divide Contracts.
King Lloyd of 0323 Mid Valley Drive spoke next. He is an officer with the Ward
Reynolds Ditch Company. King was confronted by Mr. Miller and Mr. Lewis earlier this
year in his yard about some of the issues and comments that he had made at the previous
meeting. They had suggested that they sit down with the ditch company and talk over
some of the issues. Mr. Lewis stated that he thought they did not need to do that so
consequently that still hasn't happened. There are still some issues in his eyes that have
not been resolved yet. With regards to the 100,000 gallon fire supply in the ponds and
the reliability of the ditch companies pump. The ditch company is relying on the pump
for irrigation and we are probably only a few weeks away from the water being too low
that the pump will become unusable to us. That means the ditch company will be out of
water. His last dealing with the Division of Water Resources he thought that the wells
permitted in this area are for only domestic use and no irrigation use is available. He
wanted clarification on two conditions made by staff and one is the Weed Management
13
Plan that they need to develop. If that doesn't happen what will be the repercussion.
Need stipulaiion that lawn grass can't be higher than four inches. Where does the lawn
start and vegetation begin?
Russell Talbott of 2323 CR 214 is the next speaker. He is a professional engineer and
fire fighter and he thinks this is a wonderful subdivision being proposed. He likes the
layouiand would love to live there. As a fireman with the Burning Mountain Fire
Piotection District he says a dry hydrant would be a great enhancement to the area. Not
only for this subdivision but for the surrounding properties as well. When fighting a fire,
the District has the right to whatever water they can find. Would love to have additional
ponds in the area to draw from.
The next speaker is Rick Faust and he lives at 1171 CR335. Rick and his wife Kim are
both in support of this project. They currently live in the caretaker's cottage on the west
end of the property. The lot layout is fine. Two acre size is fine. Likes the building
envelopes, proposed trails and park. The current look of the land has no bearing as to
how the property will be developed and how it will look later.
The next speaker is Bob Regulski and he lives at 0045 Mid Valley Drive. There is not a
lot more to add to what has already been said against this project. Since the Miller's have
moved in this property has gone down hill. Bob thinks this plan will not work as
proposed. He supports the denial of the project. The ponds on the river are not a good
iO"u. fn" shghtest mistake will devastate Mr. DuBois's property. The density of project
this project iJway too much. Bob has seen times when sheets of water flow from above
u.roir ihe road and covers the fields. A lot of that water will cover the ponds. It's just
not laid out properly. The pump for the water is old. The pipeline is cracked and
sometimes there is not enough water in the spring time to fill these ponds. If you do go
forward with this project, hethinks all the roads need to be paved because of the dust that
will be caused be this development. Should either go back to the drawing board and talk
to the neighbors. Bob is asking for denial.
Joel Miller will speak now and he lives at 1577 CR 355. He has run the irrigation water a
large percentage of the time since 1996. Only once has there been a flood come across
thJroad. He hasn't seen many elk in the area. As far as the looks of the property, farms
can become a dumping ground. He thinks this is a greatproject. He is sorry that the
neighbors have not been able to talk this through.
No further public comments were made. Phil closed the public portion of the meeting.
Will go back to the applicant for final comments.
Bruce Lewis responded to some of the comments made and said they appreciate the
comments made both tonight and at the sketch plan review. These are some items Bruce
wanted to discuss a little further:
o The building envelopes are all 60' from property boundaries.
o Home quality---2000 sq. ft. minimum house and no modular.
t4
o Water rights for irrigation ditch-willnot use more than historically used. Will
not request additional PumP use.
o Water quality will comply with health code regulations.
David Miller spoke next. He said protective covenants will upgrade current residences.
Renee Miller said development has occurred that has changed the character of the area.
Moved back to the Planning Commission for comments and questions.
Kit first wanted to thank everyone for coming out tonight and she welcomed the public
comment. She commented that lot sizes of two acres in size are okay because this is what
the zone district allows. The comprehensive plan is more of an advisory document. It is
impossible for the Commission to deny a subdivision based on the size of the lots. She is
concerned with the mineral rights and she would like to have more information on that.
Also the domestic water supply. The engineers brought up some good points that need to
be addressed. She wanted to make note that the Planning Commission is not a Law
Enforcement Board. In terms of the risk of financial investment, it is important to know
what type of development can occur in the surrounding development. Investment is
based tn .o*-rnity relations. She is also concerned about the Wards Reynold Ditch
Company with theii unsettled issues, those needs to be addressed. Kit is also concerned
with the irrigation supply and the use of the irrigation water.
Jock also wanted to reiterate and thank people for coming out tonight. Jock is concerned
about the minerals too. Would like to see some type of agreement. Would like to see
nine two acre lots and thirty-three acres of open space. Ditch Company issues need to be
addressed. That is a shared resource in this area. Finally he stated that 2000 sq. ft. does
not a good house make. A 1200 sq. ft. house is adequate for some people. An
architectural review of the plans makes a better house more so than size.
Cheryl is not a proponent of ADU's on small lots. She does like how it is laid out around
the ponds. Ponis ihut u.. properly lined and engineered she said she would not have a lot
of concern. They are not however for recreational use. They are okay for early use and
water can be stored. She also agrees about the minerals need to be addressed.
Colin said irrigation water issues are confusing. What it can be used for, how much, etc.
Are these .orrditiorm of approval issues we can look at tonight or are these issues that we
need another meeting to work out?
Carolyn said she is surprised by Cheryl's comments that she is sure that ponds can be
legally filed. Carolyn said she is not sure about pond water but that the irrigation water is
* irrr.. After storage right, that is what needs to be resolved. That could be handled by
a condition of approval. Mineral rights are a totally different issue. We can have a boiler
plat note about mineral development.
15
Kit has another comment, on the wildlife issue the DOW letter does say that elk is likely
to abandon the site. There really is no recommendation from the DOW about what to do.
Colin mentioned there is a wildlife mitigation plan in the covenants. Kit would prefer to
see closer work and communication between the applicant and the DOW.
Tamara wanted to respond to what Kit just brought up. You may have noticed that the
letter from the DOW is dated August l,2OOl. She was directed to use that letter for this
application because they would not be able to get any additional comments to the County
in a timely manner. Tamara did not address the elk issue. In the protective covenants
there are some wildlife mitigation plans related to fencing, dog control on the property,
and bear proof trash containers so she thinks they have addressed without a current
response from the DOW.
Jock made a motion to approve this proposal with all suggestions that were made by staff
and reiterating the water solution for surface and irrigation water. (Mark as condition
#14) The language would read "that a comprehensive understanding including filing 4
storage rightslo "nr.,." that the ponds are legally entitled to use the water the way they
are". Legally entitled to use the ponds. Phil wanted to clariff something based on
Carolyn'i comments. The applicant must prove up legal rights to use the water for
storage and fire protection prior to BOCC hearing. Jock agreed with Phil's summation.
tcit wanted to suggest an amendment to the motion that under condition #13 add (F) that
a plat note be *uA" for awareness to surface mineral owners concerning the possibility of
mineral development. Jock accepts the amendment. The motion was seconded by Kit.
Phil said the only other item of discussion is related to the looped roads. (Condition #4)
It was suggested to leave as is. It is addressed in the subdivision regulations.
A vote was taken and the motion passed unanimously.
In business Randy discussed the proposal for comprehensive plan study area
Randy said there is a desire to get together with other municipalities out
Glenwood Springs. This new configuration allows for
Randy thinks this is a no brainier. These new areas are
very similar to the areas.
Cheryl made a motion to adopt a new study area map and approve this
reconfiguration and Kit seconded Phil asked that they withdraw their motion
and to restate the motion with language y has proposed. Cheryl made a motion
that "the Garfield County Planning to adopt the new StudY Area
Staff Memo dated JvlY 2,2003 toboundary configurations as set forth in Exhibit A
Comprehensive Planbe incorporated in future revised versions of the " Kit secondedandZoningand Subdivision Regulations reflect these new
the motion made by Cheryl. A vote was taken and all
A discussion was made concerning future meeting dates for the code
there like
IGA's to be
done with
asked if they wanted to discuss the By-Laws or defer to another meeting.
Mark
t6
5EP-A5-2AA3 13:44
OTTICE OT THE STATT TNGINCER
Division of Water Resources
Depafi,n nt of Natural Rer()urccs
:311 Shernan Street, Room 818
Deryer, Cohrado 8O203
Phone (303) 866-3581
FAX rl03) 066-3s89
www.wAter.sl:t€, Co.us
Tamara Pregl
Garfield County Planning Departrnent
108 8th St Ste 201
Glenwood SPrings CO 816013355
STATE OF
September 5,2003
.E.
Ghief of Water SUPPIY
D]U IJATER RESOURCES 383 866 3589
Re: Gilead Gardens Subdivision Preliminary Plan
W%, Sec.7, T65, R91W,6TH PM
Water Division 5, Water Distnct4S
Dear Ms. Pregl:
As a foltol,t-up to our July 2, 2003 letter, note Bre Statement of Benefrchl Use for fte well wi$t
permit No. 56212-F was apporfo baseO on a fietd inspection confirmang that the use of the well is as
claimed and permifted.
We have also received copies of an August 19, 2003 letterfrom Tom Kennery to Bruce Lewis
and an August 2g, 2003 lettertom Mr. Zancanella to the county. These letters indicate that ponds are
to ue,rseo-tronr fire protection and inigaion purposes, and that the ponds are to be filled via either
ditch or well dlversions. Frrthrrmor", tne nrsi leiter states that the SEO would not have a problem if
*iteriro, the pond was used for lire protection and then replaced with water from the we,l.
Use of the dihh to filt the ponds may only oocur under a junior water nght (decreed or
undecreed), and onty if the junior water right is in priority and there is sufficient capacity avaihble in ltc
ditch to allow for such dir"rsions- Due to the fact that the applicant has not obtained a decreed water
rignt tot such dilrersions, we Suggest that an agrcement with the d-itch cOmpany to allow for these
diversions be provrded prior to i"n-ctuslon in the water supply plan. lt is our understanding that the
#r;;r;i&;i frc A the stock in the Ward Reynolds Ditch CompatI, 3P that the companv's water
riihs are decreed only for irrigation purposes. As such, these water rights may not be used to fill the
ponds.
Also note that a new well permit musr be obtained prior to filling the ponds with well water for
any purpose, including storage toi nre protec-tion, since this use is not allou/ed under Permit No'
ffi217-F.Adcritionafly. replacing pond evaporation is not the same as completely filling the pond, and if
this is the intent, estimaiJs ot fie amount of water necessary to fill tle pond must be Eovided with the
well permit application along with adequate contract water for this use'
Due to the many changes that have occunEd, we request that the applicant provide a
comprehensive report Oetailin{me current proposed water supply So that we may provide a revised
opinlon pursuant tb ciS 30-26-136(1)(hXtj. f iou or the applicent has any questbns conceming thas
niatter, please contact Craig Lis at this omce for assistance'
Bill Orms
Gor€tnor
GrcB E. \ ,hhh.r
tEcrrive DiTeclo,
Hrl O. 5imp6on. PE.
$.I" Endffiar
DW/CML: Gilead Gardens v.doc
cc: Alan Martellaro, Division Engineer
Robert Ktenda. Water Commissioner, District 45
Kyle Whitaker, Division 5
TOTfl- P.@
P.O. Box 19O8
10O5 CooPer Ave.
Glenwood SPrings'
co 81602 ZaxcalELLA AllD Assoctarg, lf{(.
6N on egnr{ 6 Cor{ SuLrAtt.iS
August 28,2003
Ms. Tamara Pregl
Garfield County Planning Department
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Re: Gilead Gardens Subdivision
Dear Tamara:
ln follow up to our meeting with Carolyn Dahlgrn and Catalina Cruz, the assistant
Garfield County attorneys, we are providing you with a supplemental package of water
related information.
1. West Divide Contract and Contract Amendment'
2. Table 1 showing future diversions and consumptive use, dated July 14, 2003.
The current Area A West Divide Contract will allow Gilead Gardens to divert water from
two wells to serve up to 14 units, 9 primary residences and 5 ADUs. Each unit will be
allowed to irrigate up to 1000 square feet from the community water system.
The ponds are to be constructed on the property and will be used for both fire protection
and irrigation purposes. The ponds can be filled from either the wells or from ditch
water f6r irrigation purposes. The West Divide Contract allows specifically for fire
protection ,nI for evaporation so that the wells can be used to keep the ponds full at all
tir"r. The Contract amendment has been modified to reflect lhe 4.71AF of estimated
consumptive use. Based on the above information, we believe the West Divide plan
and weil system will provide an adequate water supply for the subdivision' The
applicant wi1 provide both well permits by final plat. One permit has been obtained at
this time (see attached).
lf you have any questions, please contact our office at (970) 945-5700'
Very truly yours,
Zancanella & Associates, lnc.
Tlromas A Zancanella, P.E
Attachments
cc: Bruce Lewis Z1210OO\21806 Gilead Gardens\garfield county water ltr'doc
Table 1
GILEAD GARDENS SUBDIVISION 9 LOtS, 5 ADUS
Estimated Water Requirements
lj!.Jul{3
Water Use
1 acres
2.74 ft
27 units
15 gpud
0 acres
7Oo/o
2.17 ft
Pond
Net Evaporation
Consumption
Open Space
Efficiency
reqmnt
persons/unit
gallons/person/day
0.0
100 gpcd
15%
0 sq-fUunit
7lYo
2.17 ttnt
mercial Units
Consumed
lrrigation
Efficiency
14.0 units
3.5 cap/unit
100 gpcd
15o/o
1000 sq-fUunit
7Oo/o
2.17 ft
persons/residence
# gallons/person/day
Consumed
lrrigation
Efficiency
reqmnt
Use
(r)
Domestic
ln-house
(ac-fi)
(21
Comrerclal
ln-house
(ac-ft)
(3)
Dom\Comm
lnlgatlon
(ac-ft)
(4)
Pond
Ewp.
(ac-tt)
(s)
LhG-
stock
(ac-ff)
(6)(4
AwEge
Flow
(opm)
(8)
Dorestlc
ln-house
(ac-fr)
(e)
Commrclal
ln-house
(ac-ft)
(10)
Dom\Comm
lrrlgation
(ac-ft)
(11)
Pond
Evap.
(ac-ft)
(13)(r4)
Average
Flow
(spm)
Month Total
(ac-ft)
Total
(ac-ft)
January
February
March
April
May
June
July
August
September
October
November
December
0.47
0.42
0.47
0.45
0.47
0.45
0.47
0.47
0.45
0.47
0.45
0.47
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.03
0.20
0.24
0.23
0.16
0.13
0.01
0.00
0.00
0.03
0.06
0.12
0.25
0.34
0.47
0.48
0.43
0.28
0.16
0.07
0.03
0.04
0.03
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.54
0.52
0.63
0.77
1.04
1.20
1.22
1.10
0.90
0.67
0.56
0.53
3.9
4.2
4.6
5.8
7.6
9.0
8.9
8.0
6.8
4.9
4.2
3.9
5.99
0.07
0.06
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.07
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.02
0.14
0.17
0.16
0.11
0.09
0.01
0.00
0.00
0.03
0.06
0.12
0.25
0.34
0.47
0.48
0.43
0.28
0.16
0.07
0.03
0.04
0.03
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.14
0.16
0.23
0.37
0.59
0.74
0.75
0.66
0.48
0.27
0.18
0.14
1.0
1.3
1.7
2.8
4.3
5.6
5.5
4.8
3.6
2.O
1.3
1.0
Annual 5.49 0.00 1.00 2.74 0.45 9.68 0.82 0.00 0.70 2.74 0.45 4.71 2.91
Note: Pond will be supplied with existing inigation ditch water.
112)
Llve-
slock
(ac-ft)
_\.;
)
-__./
7:'i),
(
_l
:.1 'I
I
EDDY
I
t-
I
':
-L
I
ii
I
?-'
.,.i
*ilr
.,-.1:
)-"'''
nt
lt*
-;-.- )
i'
:-t-f,.., =----,--r
u
D
REVISED 7 /29i99
Co'
MaL
Da te
act #O1O322GGHA(a)
.D # 37Ot:l/
Activated: 3/22/Ol
WEST DIVIDE WATER CONSERVAI{CY DISTRICT
WATER ALI,OTMENT CONTRACT/LEASE
ssociatio4 LTD.
NarB of APPIicant G i lead Gardens HO meowners A
QuantitY of llater in Acre Feet 9.82
Applrcant. hereby applies to the viest Divioe lrater conservancy District a political subd'ivision of the state
of colorado. organized pursuant to and existing by virtue of c.R.s. 1973. s37-4s-101' et seo" (heretnafter referred to as
the..Distr1Ct,.)foranallotmentcontract/.leasetobenef.iclailyanoperpetuailyusewaterorwaterrtghtsowned'leased'or
hereafter acquired by the District. By execution of this contract/lease and the attached application' Rpplicant hereby agrees
to the foliowing terms and conditions:
I.WaterRiohts:Applicantshailovnwaterrightsatthepointofdiversionhereinlawfullyent,.itling
Appricant io divert water. ,ahich wrl.l be supplercnted ano ar,rnenteo by wate. leased herein. if Applicant rntends to drY-er-L
t_hrouqh a well. it must be understood by Appiicant that no right to divert exists until a valid'rell penmit is obtained from
rffioto6oo Diviston of llater Resources'
?.0uantitv:tiaterappliedforbytheAppitcantinthear0untsetforthaboveshallbedivertedat
App.ricant,s point of diversion from the Distr.ict,s direct frow warer .ights. and'lhen water is unavaijable for diversion
pursuant [o admin.rstration by the colorado state Engineer during periods when said direct flow water right is not in priority'
the Distrlct shail release for the use of Applicant up to said quantity in acre feet per year of storage water owned or
control)ed by the orstrict. It js understood that any quantlty allotted from direct flow' storage or otherwise' to the
Appricant by Lhe District wi, be rimited by the pr.lority of the District's decrees and by t'he physical and legal availability
of water from Dist.ct,s sources. Any quantity allotted will only be provided so long as wate-is available and the Applicant
fui)y conrpiies with a, of the terms and conditions of this contract/iease. The District and the Applicant recognize that
sosp of Ehe Distrrct.s decrees nny be in the narne of the cororado River Hater conservation District' and the ability of the
Distrrct io allot drrect flow right to the Appiicant may be dependenr on the consent of the colorado River Hater conservation
Distr.ict. If at any tirne the Applicant determines it requires ress water than the arount herein provided' Applicant may so
notify the Distr.ict in writing, and the armunt of water a,otted under this contract/lease shall be reduced permanently in
accordance with such notice' Rates shall be adjusted accordingly in foliowrng water years oniy'
3. Benefic.iar tlse and Location of Benetic.iar use: Any and all water allotted Appiicant by the District
shalr be used for the foriowing beneficjal use or uses: municipai ouestic and related uses' or cofiIErcjal (except to the
extent that Ruedi Reservoirwater may not be avairable for cormrcial as that term is defined on Page 5 of contract No 2-07-
70-ur0547 betueen the united states and the lresL Divide Hater conservancy District)' Applicant's beneficial use of anv and
alr water arotted shalr be within or through facirities or upon landowned, reased' operated' or under Appiicant's control'
4. Decrees and Deljverv: Exchange releases made by the District out of storage from Ruedi Reservotr
and Green tbuntain Reservoir, or other *I* facirit'ies of the District. or from other sources available to the 0ist.ict'
shalr be derivered to the Applicant at the outlet vlorks of said storage facilities or at the decreed point of diversion for
said other sourc€s, and reiease or delivery of r,nter at such outler or points shair constitute performance of the 0istrict's
tota.l obrigat.ion. 'elivery
of water by the Distrrct from Ruedi Reservoir or Green Mountain Reservoir shall be subJect to
the Distrlct.s rease coniracts with the united SLates.Bureau Of Recranntion' Releases frorn other facilitres avar'lable Lo
1
0islrrct shall be subJect to the cr .cts. laws. rules, and regulations governi- "eleases therefrom' Furthenrnre' the
Djstrict hereby expressly reserves t,.- right to store water and to make exchange I .rs€s from structures that may be built
or controlled by the District in the future. so long as Lhe water service to the Applicant pursuant to this agreerent' is
not impaired by sard action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end
of each water year (october I). shall revert to the water supplies of the District Such reversion shall not entitle
Appl icant to any refund of payment made for such water'
Hater service provided by the 0istrict shall be limited to the arount of water available in priority at the
orrginal point of diversion of the D.istrict's applicable water right, and nejther the Distrjct. nor those entitled to utilize
lhe Drstrjct,s decrees, may call on any greater amount at nevJ or aiternate points of diversion The District shall request
the Colorado Divjston of lrlater Resources ro estimate any conveyance losses betrneen the original point and any alternate point'
and such estimate shall be deducted fnom this amount in each case.
of the oistrict.s water rights or storage water may be required in order for Applicant to use the water servlce conterplated
hereunder. 0btain.ing such decree is the exclusive resoonsibility of Applicant. The Distrlct reserves the right to review
and approve any conditions,rfr.ich may be attached to judicial approva) of said alternate pornt of divers:on as conterpiateo
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 contemplated heretn' and further
agrees to jndemnify the District from any costs or losses relared thereto. Applicant is so1e1y responsible for providing
!,orks and facilities necessary to obtarn/divert the waters at said alternate point of cliversion and deliver them io
Applicant,s intended benefic.ial use. Irrespective of the amount of water actually transferred to the Appllcant s point ci
diversion, the Applicant shall nnke annual paynents to the oistrict based upon the arDunt of water allotted under this
contract/ I ease .
in the event the Applicant intends to apply for an alternate point of diversion and to develop an
augmentatjon plan and institute )egai proceedings for the approvai of such al8rEntation plan to ailow the App)icant to uti ljze
the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent' in the event
the Applicant develops and adjudicates its oifi aLErentation plan to utilize the water allotted hereunder' Applicant shall
not be obligated to pay any arrount under paragraph 19 beiow. In any event. the District shall have the rtqht to approve 0r
drsapprove the Applicant's augrentatron plan and the Applicant shall provtde the District copies of such plan and of all
pieadings and other papers fileo with the water court in the adjuOication lhereof'
6. Contract/lease pavrent: Non-refundable. one tinre adnintstrative char^ge, in the anpunt determined
by the Boar.d of Directors of the oistrict from trne to tinp. shall be subrnitted with the appiication for consicjeration by
the Distrtct.
Annual payrpnt for. the water service described herein shall be determined by the Board of Directors of the
District. The lnitial annual paymnt shall be made in full, within thirty (30) days after the date of notice to the Applicant
ihat the lnitial paynent is due. Said notice will advise the Applicant. among other things, of the water delivery year to
urhich the initial payrBnt shall apply and the price wtrich is applicable to that year'
Annual paynents for each year thereafter shall be due and payabie by the Applicant on or before each
January r. If an annual payrpnt is not made by the due date a flat 550 late fee will be assessed. Final written notice prior
to canceliation wjll be sent certified ma.il. return receipt requested. to the Applicant at such address as may be designated
by the Appl.icant in writing or set forth in this contract/lease or application. Hater use for any part of a water year shajl
requ.ire payment for the entire waten year. Nothing herein shall be construed so as Lo prevent the District' from adJustlng
the annual rate in its sole discretion for future years only'
If paynrent is not nade within fifteen (15) days after the da[e of said written noLice. ApplicanL shalI at
District,s sole option have no further right, title or interest under this contract/lease without further notice and deliver,v
2
i_'
.1. - .',l ,,'
may 5e innediately curtailed. The ar' 'rnent of water. as herein nrade, may be tran"^rred. leased' or otheruise disposed of
a[ the discret:on of lhe Board of D -iors of the District'
uocn cancellation of this water allotrBnt cont:^act/lease wlrh the Districr' the Distrrct shall notify the
Drvrsron of l{ater Resources offices in Denver and Glen,rood Springs. The 0ivisron of l.later Resources rny then order cessation
of all water use.
7 Additional Feo-s and Costs:- Applicant agrees to defray any expenses incurred by the District in
--
rnar,rrrinn mDursemn! of legal and engtneertng
conneclion w.ith ihe allotrPn[ ofwarer rrghts hereunder. rncluding, but not limitedto. rel
cosrs rncurred rn ccnnectron with any water rights and adgudication necessary Lo allow Aoplicant's use of such allotted water
ri gncs.
g. Assiqnspnt,: Thls contract/lease shall inure to the benefit of the heirs. successors or assigns of
the Dart.ies hereto. Any assignrent of the Appiicant's rights under this conEract/lease shall be suoject lo' and must conply
,,rrth. such requrreflEnts as the Distrrct nny hereafter adopt negarding assignmnt of contract/1ease nights and the assunotion
oi concracl/1ease ooligations Dy assignees and successors. Nothrng herein shall prevent successors to a portion of
Aoplicant.s properry frnnr applying to the District, for in6ivrdual and separate allotnent contracts/leases' No assignrPnt
shall be recognized by the Distrtct except upon cornOletjon and fil1ng of proper forms for change of ounership'
uDOn the saie of the r-eal property to whrch this contract/lease pertains. Aoplicant has a duty to make buyer
aware of this conrract/lease and proper fonns for change of ounershtp must be conpieted'
g. 0ther Rules: Applicant shall be bound by the provisions of the llaEer conservancy Act of colorado:
by ihe rules and regulations of the Board of Directors of the District: and all arnenolPflts thereof and suppiemnts thereEo
and by all other aPPlicable )aw.
i0. 0oeration and Haintenance Aoreerent: Applicant shail enter into an'0peration and Haintenance
AgreerrEnt-,rith the Distr.lct under terfls and conditions oetermined by the board of Directors of the D'istrict' if and trnen'
ihe Board of said Distr.ict deteflilnes in its sole discretion that such an agreefipnt is nequired. said agreeflrgnt may contain'
bur shall not be iimited to. prov.isions for additional annual,rpnetary consideration fon extension of D'istrict delivery
services and for add.itjonal adninrst,ratron, operation, and marntenance costs; or for other costs -!o the District wttich may
arise t,hrough services rEde availaole to the Applicant'
i}. chanqe of tjse: The oistrrct reserves [he excjusive right to reviet. reaDprove or disapprove any
proposed change in use of the water allotted hereunder Any use other than thaf, set forth heretn or any lease or sale of
-,he water or water r.rghts allotteo hereunder without the priolrritten approva'l of Lhe )lst1rcr snall be deemed to be a
nnteri a I breach of 'uhi s contractt lease ' : 'l
\2. Use and p] aCe Of lJSe: Aopiicant agrees [o use the waEen in t-he manner ano cn t,he proDert'y described
rn the docLIIEnEs suDmitted to Ehe District at Lhe tine this contract/lease is executed' olln any ooeration ancl maintenance
agreefpnt provided by Aoplicant. Any use other than as set fonth thereon or any lease or saie of;he-dater or hrdter rlgnts
herein, other than as permitted in paragraph 8 above. shail be deerpd to be a material breach of:his agreement'
--/ -^-^^r +h-+ ^^+hinn hanoin <hall I the Applicant13. Title: It is understood and agreed that nothing hereln shall be interpreted Lo gtve
any eouiEable or legal fee title interest in or to any water or water righls neferred to nerern
14. conservation: Appl icant shal l use curmni,v accepted conservation prac:ices wtth nespect to the hater
and water rights herein. and her€by agrees to be bound by any conservation plan adopted hereafter by the District for use
of 0istrtct owned or control1ed 'ioten or water right's'
15. RestrjctiOns: Aoplicant shall restrict actual diversions to nof, exceed th€ contract/Lease arDunt'
,,nich provrdes ,.^/ater (on the fonruia of one acre foot per d^e)ling) for ordinary household curposes lnside one singie famt l'v
J
dv,el 1 I ng, the wateri ng of donresti c
garden.
stock. fire protectlon. and the irrigatic up to 6'000 square feel of lawn and
Applicant shall also comply wjth all restrictions and limitations set forth in the ueil permit obtained from
Lhe Colorado Division of t'later Resources'
}latering of ljvestock shall be restricted to Appiicant s dorestic animais not to be used for connBrcial
purposesunlessAoplicantobtainsapproval fromthecolorado0ivrsionof!,laterResourcesforconmrcial use/livestock\,{atering
at a horse boarding facillty, provrded that in no event shall acrual diversions exceed the amoun[ of water provided by this
Contract/Lease.
violation of this paragraph 15 shall be deenBd to be a material breach of this contract/Lease'
16. ,ilell perm.it: IfApplicant intends Lo divert through a well, then Aoplicant must provide to District
acopyofAppllcant'sva.lid,,iellpermttbeforeDistrictisobi'igatedtode]iVeranywaternereunder.
ll. Measurino Device or Heter: Applicant agrees to provide. at its own expense, a totalizing flowrneter
wrth remote readout to continuously and accurateiy measure at all times all water diverted pursuant to the terms of
Applrcant,s water rrght and the Lerms of thrs contract/lease. Applicant agrees to provide accurate readings from such device
or meter to 0istr.rct uoon District.s request. Applicant acknowiedges that fajlure to cottply with this paragraph could result
in legai action to terminate Applicant's diversion of water by the state of colorado Division of Hater Resources' By signing
ihis contract, Applicant hereoy specifically ailows District. through its authorized agent to enter uoon applicant's property
ouring ordinary bustness hours for the purposes of determining appiicant's actual use of water'
1g. Representations: By executing this contract/jease. Applicant agrees that it js not relying on any
legal or eng.ineerrng advice that Appiicant may believe has been necejved from the District. Applicant further acknowiedqes
tnat it has obtained all necessary )ega1 and engineerrng aovrce 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 avajlable pursuant to this contract/lease. should the District be unable to prcvicle thewater contracted
for herein, no damages may be assessed against the Dlstrjct, non may Applicant obtatn a rerund from the District'
.1.g. costs of lJater court Filinq and Auomentation Plan: shouid the District' in its own discretion'
choose ro include Applicant,s contract/lease herein in a waten court filing for allernate point of diversion or plan of
augrentation, then Appticant hereby agrees to pay to the Djstrict, when assessed, an additional fee representing the
Distrjct.s actual and reasonable costs and fees for Applicant's share of the proceedings' Applicant shall be assessed a pro-
r^ata share of the totai cost incurred by Ehe Distrrct in preparing. filing and pursutng to decree the water court case' The
pro-rata share shall be calculated by dividing such total cost by the number of contractees/lessees included in the filinq'
To the extent that the District is caused additional costs because of objection fiied specifically due to the inclusion of
Applicant,s contract/lease in the filing, such additjonal costs nEy be charged specifically to Applicant and not shared on
20. Bindino Aoreenrent: This agreenent shall not be corplete nor binding upon the District unless
attached hereto rs the form entitled -Application and Data Form to Lease Hater Fnom ldest Divide |later conservancy District'
full,v completed by Appiicant and approved by the Dlstrict's engineer. said attachrnents shall by this reference thereto be
incorporated into the terms of this agreercnt. All correspondence from the District to Applicant referring to or nelating
to this agreement rs by thrs reference incorporated into this agreement as funther terms and conditions of t'his agreenEnt'
21 Harninq:IT SOLE TY APPL ICANT TO OBTAIN A VALID IIELL PER!{IT I.IATER
IGHT IN ORDER TO DIVERT IIATER, INCLUDING THE HATER ACQUIRED UNDER ]HIS CONTRACT /LEASE. IT IS THE CONTINUING DUTY OF THE
APPLICANT TO }4A INTAIN THE VALIDITY OF THE HELL PERMIT OR LIATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERHITS' FILING HELL
COMPLETION REPORTS. FIL]NG STATEHENTS OF BENEF
REGULAR BASIS IIITHOUT UASTE.
ICIAL USE, OR OTHERWISE LAUFULLY APPLYING THE UATER TO BENEFiCIAL USE ON A
4
\=
22. AREA B C0' :TS/LIASES: IF AppLICANT',S I.IELL 0R 0THER -qR RiGHT TI]AT IS THE SU&]ECT 0F THIS
CONTRACT/LEASE IS LOCATED OUTSIDE
.ARtA A- AS DESIGNATED BY THE DISTRICT, THEN THIS I. 'IJRAPH APPLIES: THE AWENTATION IIATER
PROVIOED BY THE DISTRICT IINDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S }IATER RIGHT FROH A CALL ON THE COLORADO RIVER AND
I,{AY NOT PROTECT APPLICANT FROM A CALL FRO}'I ANY OTHER SENIOR RiGHT NO REPRESENTATION OTHERI'IISI I5 MADE BY THE DISTRICT'
IF THIS 1S A CONCERN TO APPI.ICANT, THIS CONTRACT/LEASE }IAY BE RESCINDED UPON HRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE
APPLICANT HITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT/LEASE IN WHICH TVINT ALL SIJ}|S PAID
BY APPLICANT FOR THiS CONTRACT/LEASE SI{ALL BE IMHEDIATELY REFUNDED TO APPLICANT'
Appl 1 cant
Aop I 1 cant
STATE OF COLORADO
COUNTY OF GARFIELD
)
I cq
)
The foregoing rnstrunent was acknowledged before rne on this
il
/ilL auv ot /lut,q j7''r"r
)g.by
/ ),1 v'iD //7 r tt-t I
!,litness mY hand and official seal
My cormtssion exPires 6 )H'-tt-'c\
accotnpany this contract/lease :
I. Map showing location of point of diversion (use map provided)
2 Application and Data Form fully completed and signed
.i'.2':/-'
Publ I c
ORDER
After a hearing by the Board of Dir.ectors of the Hest Djvide llater conservancy District on the application'
it is hereby oRDERED that said application be granted and thls contract/lease shall be and is accepted by rhe District'
I^IEST DiVIDE DiSTR
Presi dent
ATTEST
By
j ('/
Date
a-1,/Secretarl
This contract/lease jncludes and 1s subSect to the terms and conditions of the followlng docunPnts wntch must
J
tr
I
I
T6S
.:.'ill \. ".i'
IaI_
ti
./- ",
j
t'-
ta_
/: ... .o
L-..
R91TY
.!
E
-i:"R9zTV
1
E
Scale in Feet
FIGURE NO.
1
PROJECT LOCATION MAP
SCAI,E l" = 2000'
SCALE:UAI'E:
FEB. 8, 200r
unuE l:loFl
TPB TAZ
APPD BY:
TAZ
PIAN NU.
GILEAD GARDENS SUBDIVISION
hvc.ZANCAN.IIA
POST OFnC€ BOX 1906 - lOO5 COOP€R ^!EXU[CLEf,T@O 01602 015-57m
\.:
sI
Jul 15 03 O1:i?P Janet l'laddock
ctncnt r aataryrm G r;|mat + 6 | o 3 zzQzGl.l F Cq
APPLICATION TO AMEND WATER LEASE FBOM
TVEST I}TVID[, }YATER CONSENVAN CY DISTRICT
s?c-625-5461 P-z
Co,,,ract #010322CGHA( a )
Map #370, 371
Date Activated 3/22/O1
Date Amended 7 /24/03
L APPLICANT INFORMATION
ivfailing addrcss:
Telephone:
Auhorizcd agent:
Augrcntation Plan Case No.
3. USE OFWATER
d-*esmf nruf, (chech epplicable boree)E'ffijJ;'#;fu N,*ue' orqneuings: /4
,BSubdivisior,, No. *rir;JuJu, Z t"-r".r"trorr. J-
E$ms eardroflawu irrigationof larD€ sq ft'
t{ethod olirrierrio* tlflood Eqii!6er trddp Elother
$5o"-*-*iAaenirral wit;5artgof 27 @iruab
.p Fire Pnotectioa' WcU Slzoing mufriple otmcr wclk mast be
sbniacd-
Distarrce of well from sefiion lines
Eleratioo .UfAs
Well lmhon addrcss.
Scaiqr foudtC,hircipclMtzidim
(A uach additional Pages lor strucrures) Qff
6. I.AND ON WHICE WATER WN L BE USED
as tm
Number of acres ract:
D COMMERCIAL (check eppliceble bores)
Nrrbsr ofuits: Toal sq' t of commercial
Descciptionof IxE:
trINI}USTRIAL
Descri$iou duse:
lnt*tsion bltt thc Diilricl, d Applicorl's expcnse, fia! fis
requird
7. Tyl]E OF SEIryAGE SYSTEM
tanlc/absorprion t€ach Scld flCcrtral syslco fDther
8. VOLI'MEOF LEASED WATERNEEI}ED IN ACRE
trlEET: 4"'71 (minisruE of I acre foot)
hofide angincr;ritq daa lo sttpport vobue ot*acr rcquald'
Commocial, mtnicipa\ and indsfrial uws must providc
div*tion anil olrlolmpttve &o on o atonthly hasis'
A tobfa@flow mderwilh ronole rudout is requircd to be
indrallcd and arye rqottd lo lfd llivifu-
Apptbod aprcssl;y achn'tdg* it hs had the opporunity to
riiewthe lildtibJont Wao Attfrwd Contd and qt+<
thls qplicdion Ls nude punnad arul wbjcd to the tettns and
condilions ondteilrtaein.
Applicatiou Date:
l:s
ADAlidSigr$rc
DATEAPPRO\/ED:
WESTDMDE WATER.DISTRICT
-ni+c'
Eryretiou }v{rurimrm wst€r $6cc to bc erpmed:
Descripdon daoy use, olher tlan eviaporation' and method of
rtiverslonr ratc ddiwrsion, and anmral amoont cf diversion of any
of lrP
4. SOIIRCDOTWAIER
Sumurq,z uelk StrscfitrcNaBe:
Sorrrce: trSurbce EGrouoduatcr
C\rrentPermit #Ctrappficable)
trDLetrRmpiqg;
A/"A &tdn*-tiipll4l t-#z
5.SE
Ordrr
By:
[9rrry ijo
-&s-zs
OFFICE OF THE DTATE ENGINEERqoLoRADO DtVtStON OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3s81
APPLICANT
1)
2)
i)
8)
APPROVED
JD2
tr
7)
PROVED WE
GILEAD GARDENS HOMEOWNERS ASSOCIATION
GARFIELD COUNTYSE 114 NW 114 Section 7
Township 6 S Range 91 W Sixth P.M
1577 CR 335
NEW CASTLE, CO 81647-
DISTANCES FRO SECTION LINES
2002 Fl. from North Section Line
3696 Ft. from East Section Line
(e70) 876-2205 UTM C INATES
XPANSION EXISTING WELL Northing:Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no materiai 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 actlon.
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 lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-90-137(2) for the 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).
The use of ground water from this well is limited to ordinary household purposes inside eight (8) single family dwellings
anqSeVen7)acceSsunits,theirrigationofnotmorethan18,000squaret""ffi
(approximately 1,200 square feeUunit), 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.
The maxirnum pumping rate of this well shall not exceed l5 GpM.
Theaverageannualamountofgroundwatertobeappropriatedshall@
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.
This well shall be located not more than 200 feet from the location specified on this permit and not iess than 600 feet from
any existing well, completed in the same aquifer, that is not owned by the applicant (excluding permit no. 88469-4, waiver
has been submitted by the well owner).
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 26,2OO1). 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.ylD 7-il-o t
EXST
WELL PERMIT NUMBER
DIV.5 WD45
o56zL7 7
DES, BASIN MD
,C
e)
/4 ?\!44utu:
JUL3I wBvV
ExprRnrroN DATE 3tNo
State Engineer
TEI ED
P.O. Box 1908
1005 Cooper Ave.
Glenwood SPrings,
co 81602
(97O) 945-s7O0
(970) 94s-1253 Fax
ZaxcanELLA AtrD AssoqarEs, lr{c.
ErroN ggRt r{G (oa EltLTAtrlS
August 19,2003
Mr. Bruce Lewis
Boundaries Unlimited
923 Cooper Ave
Glenwood Springs, CO 81602
RE: Use of Irrigation Operations Pond for Fire Protection
Dear Bruce:
I spoke with Kyle Whittaker, State Engineers Office, on August 13,2003 conceming the use of
the irrigation pond during emergency fires at the Gilead Gardens property. Kyle indicated that
because of the very limited nature of the water usage that the SEO would not have a problem if
water from the pond was used for fire protection and then replaced with water from the fee well
supported by the attached West Divide Contract. The contract provides for both pond
evaporation and fire protection. The pond evaporation portion of the contract will allow the
pond to stay full at all times. In addition, the subdivision will use the ponds for irrigation
operations. Ditch water may be placed in the ponds for temporary storage and later re-pumping.
If you have any questions, please call our office at (970) 945-5700
Very truly yours,
Zancanella & Associates, Inc.
-7ho ^o, \. \("^...&y
Thomas J. Kennedy, E.LT.
Attachment
Z:V1000\21806 Gilead Gardens\Fire Protection Letter.doc
JUL-AZ-ZAO3 15!48
OFIICE OF THE STATE ENGINEER
DMsion o[ Water Resources
Depanment of Natural Resources
1313 Sherman Sueel Room 818
Denvcr, Colorado 80203
Phone (303) 866-3s81
FAX G03) 865-3s89
h/wtr,.waler.$ate.CO. US
DIU IIRTER RESOURCES 323 865
STATE CF
July 2, 2003
Bill Owens
C,owmor
G'rg E. walche,
Executive Dircctor
t'lal D, Simpion, RE,
$gr1g tngineer
Tamara Pregl
Garfield County Planning Deparfnent
108 8th St Ste 201
Glenwood SPrings CO 81601-3355
Re:GileadGardensSubdivisionPreliminaryPlan
W%, Sec.7. TOS, R91W. 6TH PM
Water Division 5, Water District 45
Dear Ms. Pregl:
we have received additional information concerning the above referenced proposal to
subdivide a parcel ;i;ptr*iliiety 3s iiru. into nine residentiallots. Eacl'r lot is proposed to
contain one single-family dwelling, and five lots will allow for an accessory dwelling' The domestic
water supply for the dwellings, a total oi iA iir"ttock, and 1,000 square{eet.gf 1."*n inigation for
each dwelling is to be provided through a centralsystem supplied by u,re wellwith Permit No'
66217-F.permit No. 56217-F was issued pursuani to a coniract with the west Divide water
Conseryancy District (Oirtri"q on July gt, 2OOt for the e1sting weil formerly a.pproved under
permit no. 106512. Tliis well is located on Lot 1 and serves ttio eisting dwellings (one on Lot 1
and one on Lot S1. fnilation rrrrater is toLeliovided through the applical!9 ellting sh.ar19J. ..
inigation water rights In the Gordman Oi-tcni Fump and pifetine and the ward Reynolds Ditch No-
17.
The additional information consists of letter from Bruce !-ewis of Boundaries Unlimited lnc'
a stiatement of Beneficial Use, a Petition for Reinstatement, and the $30'00 filing fee, Based.on..,
this letter and discussions with tne appiicant,'th'rs review is based solely on the use of the wellwith
Permit No. 56217-F as the water supply.
The tetter states that the proposed development @venants will be modified to conform to
the conditions on the approved wellp";it iptt*li No. 56217-fl' the claims made on the
statement of Beneficial use are within ih" ri"*it parameters, ind the Petition for Reinstatement
is acceptable- Therefore, so long the covenant changes are made, and the field inspection to be
conducted later this week by our omce connrms thaithe use of the well is as claimed, we will be
able to accept tne itatlmeni and confirm tne permit as valid, and acknowledge that the permitted
uses as adeguate to cover those proposed forthe development.
The letter also states that the design of the proposed domestic water system, including .
storage, will comply with the gor"rning ,;";ncies reluirements. As such, so long as the county is
satisfied with the design of the water JyiLrn,tr,i. otii". has no further @ncems regarding the
physical adequary of the well.
A well test completed by Boundaries Untimited with the assistance of Aqua Tecl't Systems
lnc. indicates that the existing well produced 15 gallons per minute over a 24hour period on
I
J]L-A?-aA?J 15:48 DIU I,JATER RESOURCES
Tamara Pregl
Gilead Gardens SuMivision Preliminary Plan
323 866 3589 P.Z3/43
July 2. 2003
Page 2
January 3 and 4,2001, that the drawdown was 12.58 feet and that the 99% recovery occurred
within I minutes, With adequate storage capacity this well should provide an adequate supply
for the proposed use.
Based on the above the State Engineer finds pursuant to CRS 30-28-136(1XhXl), that
the pmposed water supply will not cause material injury to decreed water rights and is
adequate, so long as the covenant changes are made, the field inspec{ion to be conducted later
this weel< by our office confirms that the use of the well is as claimed, and the storage capacity
provided is acceptable to the county. lf you or the applicant has any questions concerning this
matter. please contact Craig Lis of this office for assistance.
Chief of Water SupplY
DW/CML: Gilead Gardens iv.doc
cc: Alan Martellaro, Division Engineer
Robert Klenda, Water Commissioner, District 45
n
,,#-r'l
- g,n| ,:.)
i:*tr
i''
"t
I
BY-LAWS
WARD REYNOLDS DI TCH COMPANY
ARTICI,E I
IPAI OFFICE
ARTICLE II
SHAREHOLDERS
ARTICLE I IIETI RS
Section 1.Annual Mee The annual meeti ng ofthe shareholders for ee ec on of directors a nd for thetransaction of such other business as may properly comebefore Lhe mee ting , shall be held at 7 :30 orclock p.M. onthe first Iue sday of the month of April in each calendaryear. If the elec tion of directo rs should not be held onthe date above des ignated for the annual meeti n9, a specialmeetingof the shareholders shal 1 be cal1ed in the mannerhereinprovided for special mee tings for the purpose ofelecting such directors.
. Th9_ corporation shalI have one crass of shareholderswho sharr be the owners of those p;=;;i= of real propertydescribed on Exhibit trArt attached to the Articles of'rncorporation.The shareholders sharl each be entitrea- to vote that numberof shares issued to them and herd by them in accordance withthe provisions of the Articles "i ii""rporation.
OF
The principal br"il:tt*l office of the corporation shalrbe located at Carbondale, Colorado, "r-"t such other locationwithin the state of cororado as the goard of oirectors maydesignate, or-as_ may be required ii"*-ti*" to time for thetransaction of the "orpo=.fion,= U"=i"."=.
Section 2. Special Meetings. Special meetings ofthe shareholders for@ be calred at any timeby the President or secieiary or thl goard of Directors, orby a.majority of, the,shareholders. A "oti..-of-;;t'Jucrrspeciar meeting sharl state the placer--aate-""a n"i,r, andthe purPose of-the meeting, and. irust be delivered, or mailedto the shareholders at leist three (3) days prior to thedate of such special meeting.
ffi,k
+J,:r,
Pl-ace of Meet s. Annual and specialateothe then President ofs may otherwise be f ixed by the Board ofted in the notice of any such meeting.
Section 4.Notice of Mee Written or printednotice stati ng the da te, P our of the annual meeti n9,shall be del ivered not less than ten nor more than thir tydays before the dat e of the meeting,either personal 1y or bymail, to'each shareholder.If mai-Ied such notice s hal lbedeemed to be delivered when depo sited i n the United States
Section 3.meetings sha1l be het!" corporation or aDirectors, or as sta
,
Mai1, address ed to the shar eholder at h is address as itaPPears on the books of the corporation with postage there onprepaid.Any shareholder may waive notic e of any meeting.
section 5' Quorum. .At any meeting of the sharehofders,s hareholders tro taing:ffiiori ty oi' t'r.I-= naie s
-o i--trr"' corporat ion,present in persorr. gi =.pr6="rr!:a u{ proxy shall constiture aguortlm' rf less than a-majority oi lrre shares are represented"t ? meeting, :,r:h_*".ti.rl_may be adjourned without furthernotrce. When.a quorum is-present or represented at anymeetins, a majority "r ti"';;;;;; ii"lEir. ", represenredshall decide any question; provia"hl-toi"ver, that the voresof at reast four Jrrarerroiders of the -orporation sha'l berequired ro decide ;;t -il;stion.
Section 6.Proxies and Voti n Each shareholdershaIl have the r igh tto chs one e for each share ofstockregi.stered in such sha reholders name which votes maybe cas
reg5-stered in the
t either in Pe
names of mul
rson or by Proxy.tiple pa
Share certificate srties shall have onlyone vote per share Every pro xy must be executed i n writingbythe shareholder o rbyhisa ttorney d uIy authorized inwrIting, and shall b e filed wi th the Se cretary of the c orporation.No proxy shall be va Iid after the expir ation of six (S )months from the d.ate of its execution,unless other:uris eprovided in the Proxy.Any p roxy may be revoked by theperson executin g itr or bv ni s personal representative orattorney. Cumu Iative voting shalI not be aIlowed.
Section 7.Informa 1 Action B Shareho lders.Anyacti'on 'which -cou1d b e en at a -mee o CS eholders,may be taken without a meetin g if the unanimous writ tenconsent, set ting forth the action tak €rrr shall be sthe corporaIl- of the shareholders of
-2-
ation.igned by
section 2' vacancies-. Any director may resign atany tine by giving w;EG-oEi.. io-ti,e presidlnt or secreraryof the corporation. such- resignation-sirarr take effect atthe time specified therein; and unless otherwise specifiedtherein, the acceptance of such resignation shall not benecessary to make it effectiver Any'ru""rr.y occurring i-nthe Board of Director= *"y be-filria;; vore of the remainingdirectors. A directo= "i6"t"a to fill a vacancy sha]r beelected for the unexpirea-t"=* of his predecessor in office.
Section 3. powers. (a) rne Board of Directors shal1have and may exercisffitne powe;=-;f- the corporationexcept such as are expresslv "ir"i"ii"a-opol the sharehordersby Iaw, by the Articlls-oi'rrr"orpo=iiior,, o, by these By-Laws. (U) the Board of Directorlr oE such executive committeeor water manager as may be appoinf.a-uy'the Board for suchPurPose' shall superviie and l""ti"i ti.e *.irrtenancer pr€servationand protection of the corptration,= *.1", and water rightsand ditch and ditch rignii.
ARTTCLE IV
BOARD F DIRECTORS
SecLion I.Number and Tenu re. The b usiness andaffairs of the corpo rat l_on s e managed by a boardconsisting of three (3) directors Directors shall beelected a t the annual meetin g. Each director shal1 holdoffice f or a term of one year or until the election of hisSuccessor. The number o f the Board of Director s may be changedfrom time to time upon the affirmative vote of not Less than2/S of the shares of th e corporation.
Section 4.Iar Meetin s.Regu 1ar meeting ofthe Board of Direct ors may 6 at such places within theState of Colorado , and at such time s as the Board m ay fromtime to time by vote determine. An y business may b e transactedat a regular mee ting. Unless meeti ng. Un1ess othenrrisedesignated, the regular meetin gof the Board of Directorsfor the election of officers and fo r such other business a smay come befope the meetin g may be held without call orformal notice immediately af ter, and at the same place dS,the annual mee ting of shire holders, or any s pecial meetingof shareholder s, at which the Board of Direc tors is elected.
Section 5.the Board of DireState of Coloradoor by two or more
S eci-aI Meectors may e
. Special meetings oft any place vrithin theat any time whendirectors.
a
-3-
called by the president,
Section 6. Notice. Notice of any special meetingof the Board of oireffiEilsha1l be given at least three (3)days previously thereto by written iotice derivered personalryor by telephone, or by mair or telegraph sent to each directoraL his address as shown on the recoids-of the ""=p"i"tion.rf mailed, such notice sharl be deemed to be detivered whendeposited in the united states mail so addressed, withpostage thereon_prepaid. rf notice be given uv i"i"gram,such notice shal1 be deemed to be delivered when the telegrarnis delivered to the teregraph compa"v. Any director maywaive notice of any meetirg. The attendance of a directorat a.meeting shaLl constitute a waiver of notice of suchmeeting, excepL where a director attends a meeting for theexpress purpose of objecting to the transaction oi anybusiness because the meeting is not 1awfu11y called orconvened. Neither the business to be transicted dtr nor thepurpose of, any regurar or special meeting of the Board ofDirectors need be specified in the notice, or waiver ofnotice, of such meeting: rf all directors shall be presentat any meetingr arly business may be transacted witholtprevious notice.
Section 7. euorum. A majority of the directors inoffice but in no casG than tio, starr constitute aquorum, but a lesser number may adjourn any meeting fromtime to time. W!g" a quorum ii pr6sent at any meetirg, amajority of the directors in attlnaance sharll except wherea larger number is required by raw, or by these By-Laws,decide any question brought before such meeting. -
Section 8.Informal Action Directors.Anyaction which could be at a mee n90 e directorsmay be taken without a meetin g if a written consent, settin gforth the action taken , shall be signed by all of the directorsentitled to vote th ereon. Such written consent sha11 havethe same force and ef,fect as a unanimous vote of the directors.
ARTICLE V.
OFFICERS AND-AGENTS
section 1. Generar- The officers of the corporationsha1.I consist oI_(a)-aEident, who shalI arso be a director,(!) -l vice president and (c) a secretary-treasurer. said officersshall be elected annual by the director-s and shall hold officefor one year and until ttrlir respective successors are eLectedand qualified. The Board of oirlctors may appoint such otherofficers and agents, incruding a chairman of the Board, assistantsecretary or treasurer, executive committee, or water manager,as may be deemed. necessary, any of whom shalr be appointed insuch manner and hold office foi such terms and have- such por"==and duties as may be determined by the Board of Directors. oneperson may hold more than one office except the offices of
-4-
9
t.
President and. secretary. rn all cases where the duties of anyofficer' agent-"r-;;;16v". are not prescribed by the By-Lawsor by tJ:e Boarg of nii.lt"r", such otti""=, agent or employeeshall follow the "ra"="-Jia i""ii""ti"i" ot the president.
section 2 ' Remorg!. Any officLr or agent may beremoved by the BoaraETlEe.t"=i ii!i".r"= i, its-iuagrmentthe best inerest of ttre corporation ,iii-i"-""i.,IIu'thereby,but such removal srraii-u; -;iil;;i"p=!joai"" to the contractrights, if "lI,_9f 11" n.r=orr" so removed. Election or:3i::l:flidl .', oiii";; or asenr sharr ,,ot-i,,-ilIerr create
Section 3. Vacancies. -. A vacangy -n any off ice, howeveroccurring, may be firIffi" go..d-of Directors for theunexpired portion of tfre term.
section 4' presidgn!- The president shall be asharehorder of the so -ecto=il subject to the directionand supervision of the-goard of oii."to=", the president sha1lbe the chief executi,r" oiri".r or-lilI-"o=po=ation and sha,Ihave generar- supervision of iis-oriiJ"==, agents and employees.
Section 5. Viceassisi_$;-;=""id",,tffi"#n:PIi.;"Ii::.::"h;T:,
assisned ro him !, -*.--nr::ig.lr ?r bv. the Board of Direcrors.In the absenee of the piesident, the iice president shall_ havethe powers and perroim-ii" auties "t*pg" president. Thevice presider!^;81-!-s"""1"*v issi=t-Err" presidenr in theexercise of his poweri and_ shili-;;;ii"" such powers in theabsence or disabiriiv-"i--tt" president.
Section 6. Secretarv-Trceerlrar mL^shaIr-lce"p-"o=="o..uH:":;:'::":I;:I;i="'"'
and shaII keep minutes "r'lrr pr""."ai;gs or the Board ofDirectors, of:any ;;;;"tirre committee ind of the shareholders.He shal1 cause to ,ue repi a record of the names and addressesof the shareholaers-""a-J record. of the-number of shares of stock-registered in the nam"-"i each srrarerroider. He shaII attend tothe giving of notices-oi-meetings a; -tt"
sharehotaa;" and. direcrors,and' to other notices ="e"ir.J-iri-rJi Ji tn"=" By_Lar.rs. Heshall 'have custody "r-if,"'sear 6f the -orporation and shallaffix such seal t-o e;"J;; contracts and other written instrumentswhen authorized by ah;-il"rd of pi=".rJ=". He sharl havecharge of the mem6eistip-Uoof, *i""t"-iootcr irnd such otherbooks and papers as the Board mya air""t, and he shalrperform a1r other auii"=-iorrn.rrv i".iJent to the office ofsecretary- A1r books and recorai miv-u. ir,=pe.t"a-iv .r,vshareholder, or his "ttoiney, at any reasonable time. Thesecretary-treasurer shalr give uona-'rli tue iiitrrt*i dischargeof his duties, in =".ii-"iount and with sureties as may be#TII:ffiSr:: rhe eoiia-"i oir""to.","ir requi_red by rhe Board
The secretary-treasurer sha,I also _be the principalfinancial office.'oi-trrl-"o=poration and shalr have the careand custody of all tunas, securities,-eviaen""=--Ji-indebtedness,and other p"I::,.ar _profEi:f of. rhe corporation and shalldeposit, invest and ai'=.tr"rge the =u.*"'in accordance withthe insrructions ;i rh;-il""ia or oiilcrors. He shalr receiveand sive r..:1p!: ""J--J9i"ittur,.";-;;;-*or,.y" paid in onaccount of the_corporatio'nr uld srraii-pay out of the fundson hand all bi,l",'i"a-;i;"= lawful-d.f,t" of the corporationof wharever nature ;;;"-;;turitv oi IiJ =.*". He sharlperform all othe- a"li"s"iormalrv in"iJerrt to the office ofthe treasurer. an$, "p"i-."quest of tUe Board, shall makesuch reporrs to ii ;;-*.i=o" .;dir;;-ar any rime
He shal1 also be the principal accounting officer ofthe corporation. He sharl presciib. una maini,ain oi- ".r=" tobe maintained tire metoa-=-i"a svstEm= Ji' .."o,rnting to befo.lowed, file all i;;;1, srar6 "rra-rIl.=.f tax r6rurns,prescribe and maintain-in aaeq;"i;*"y;i", ot i..rt.i""i bookkeepinscontrorsr drd prepare or cause to be prepared and furnish torhe presidenr ind- tr," i"";i-ii ii=II.5il sraremenrs ofaccount showing the rinanciar-p"=iii"i'ot the corporationand the resulti-5-it="JpIr"ti3";. --;; ln.rr have =,r"r, orherff:T:":lu"E";i:#.:::r, itn"= a"ti.=..i"-*uy be prescribed by
Section I. waiver;=o:!=No$g. whenever notice isrequired by Iaw, UV ,corporation or by theseBv-Laws, a waiv"r ir,"i""i-i"-ri+{in"Jigr,"a uv rhe direcror,shareholder or ottrei-l"rlo" e.,tiii.6 ior ",r"r, not'cer whetheri:t3I3 il.il"lrtei-t[J-Ii",- srared rherein, shalr be equivalenr
section 2' seal- .3h" corporation sear sharl be circular*:=5:T"l:3"::i:',::ffi"*:"Ui:":1";i" corporarion and the
Section 3.Co rate Cha es. The corporation shal1have the power,to ts Art c es of fnco ration byresolution of the Board of Oir rpoectors submit ted to a vote ata regular or s pecial meetin g of the shareho lders at which theaffirmative v ote of aIl of the shareholders , either pers ona1lyor by proxy,shaIl be neces saryr ,or the co rporation may merge,consolidate o upon the vote of ashareholders.r dissolve
-6-
11 of such voting
ARTICLE VIuiseffius
,l-
ARTICLE VII
S TES
section r. certiricates. shares shalr be representedby consequtively ""roffii""i.I'signed in the name ofthe corporati?rr-uv its-president "i-"i."-president and thesecretary or treasurer ind shall be seiled with the sear ofthe corporation or a facsimire th;;e;;: share certifi_catesshall be in a form "o"=i=t"nt with raw and as prescribed by:ffi"::H:":l Directo=;-;;; shal, "o.,i.:.., rhe rorrowine
The shares evidenced hereby are appurtenant to thatparcel of.real.property re?erred io as parceland described in ti:e aiti"r.=-oi irr.o.po=ation-6ilthe ward Revnolds oitch c"*p""v-.ia "r,iiai;;-;rd subjectsthe holder hereof to =y:h =ighr=-;nd obligationsas are contained in said a=ti"i.s and the By-Lawsof the ward Reynords Dia"-h-c;;;;;y'or as otherwise providedby Iaw.
section 2. Lost certificates. rn the case of anyarleged or actuar r"ffi mutilation of a sharecertificate, the o*rr"i'oi-o*"== of the shares representedthereby as shown by the-records of trre corporation may havea duplicate certiticite issuea in acco=d.rr"" with the provisionsof c.R.s. 1973, t-az_ila-to 7_42_117, as amended.
ARTICLE VITT
CORPORATE I BUSINESS
Section I. Contrrc!?. The Board of Dire,ctors mayauthorize anv otticeiJffiEc"r;;-";;i. o, agents, ro enrerinto ".y .orrlract or execute and aeriver any instruments inwriting in the name of and on behart oi the corporation, andil:l,il:Hf:I TiI.*"g::J=", "' *iv u! ri*it;a-r;*;;e"iric
section 2- checks and Drafts. A1r checks, drafts, andotherordersro=.tr,"ffi,,,o.."rorotherevidencesof indebtedness issue'a-in-the rr"*" oi'th. corporation sharl besigned by such otficei or officersr- agent or agents, of thecorporation and in such *urrrr"r ." shait from time to time bedeteimined by the acii;""; the soiia-"r Direcrors.
section r' DeposiE.. A1+ funds of the corporation nototherwiseemp1oyedsEffia"po"it.a-.iio*timetoLimetothecredit of rhe corporarion in-s;;-;;;;; bankins insrirurions,or other depositoiies as the Board of Directors, or the officersand agents designated bV th"*, may select.
-7-
CE
I
The Board of Directors may adopt, alter, amend, orrepeal the By-T.aws of trre-corporati6n-at,any regular meetingor at any special. meeli"g calied i"r--tfr.t purpose, or theBy-Laws may be^artered,--imended
";-;";;.r"a by the vote ofnot ress than 2/z of irr"-"rr.=.= .i [n-"-"o.poration at anyannual meeting or special meetin!-";ii"; for thar purpose.
ARTICLE IX
Adopted this _Ae day of , 1990.
Secre
-8-
ARTICLES OF INC ORPORATTON
WARD REYN OLDS DIT,CH COMPANY
The undersigned naturar- person, being more than twenty_one (21) years of age, acting as incorporator, hereby establishesa ditch eompany under and )ry virtue of the cororado Non_Profit corporation Act and the provisions of Article 42 0fTitle 7' c'R'S' 1g73r ds amended, and hereby adopts thefollowing Articles of fncorporation:
ARTICLE T
The name of the corporation is ward Reynolds Ditch company.
ARTTCLE IT@-
The corporation shal1 have perpetual existence.
IIT
OBJEC P ES
The nature of the corporation and the objects and
purposes for which the same is organized are as fo110ws:
1 ' To acquire and hold title to certain water and
water rights and ditch and ditch rights in the Goldman
Ditch, pump and pipeline adjudicated in civil Action No. w_
2759 in.the District court in and for water District N.o. 5,Garfield countyr colorado, the source of said water rights
being the col0rado River and in the ward Reynolds Ditch No.17 under priority Nos. 32,104, and 166_0, subject to theprovisions of agreement recorded as Reception No . 2g3355 in
Book 525 at pages g05 gog of the Garfierd county Records.
oF
TICLE
l
2- To ad.minister the use of said water for jrrigation
purposes upon those parcels of real property described on
Exhibit trA'r attaehed to these Articles and made a part
hereof by this reference.
3. To acquire any additional necessary water by
appropriation adjudication or otherwise and to obtain adjudication
of priority rights, change of points of diversion for any
such water rights, and, to assess alr shareholders for the
necessary costs incurred therefore, and for the acquisition
of any and all capitai improvements or add.itions, equipment
or facilities necessary for the continued. distribution of
water to the shareholders
4- To have and exercise generarry, arr powers, and to
do and perform arr the acts which are or may be necessary.to
carry out and effectuate the purposes for which the corporation
is formed; such powers ,sharl include, without rimiting the
generar powers of the corporation, the power to perform the
following specific acts:
(a) Pay taxes and assessments on all property held by
the corporation for the generar use of the shareholders.
(b) Disburse funds collected for maintenanee, taxes
and other proper charges revied against the property of the
corporation.
(c) Acquire or dispose of property in the interest of
the corporation, either by purchase, sale or dedication to a
public authority.
(d) Establish, lerry, and assess annual or special
charges and assessments against the shares of the shareholders
-2
.)
in pursuance of the purposes of the corporation and establish
appropriate collection procedures therefore.
(e) To exercise ar1 those generar powers conferred
upon non-profit corporations under the laws of the state of
Colorado.
(f) To exercise such other and additionar rights as
are Provided in Article 42 of Titre 7, c.R.s r973r dS amend.ed.
i' '5. The corporation is organized for the above stated.
PurPoses, whereby at reast g5t of its income shalr be derived
from assessments to shareholders for the sole purpose of
meeting exPenses or losses and in ful, compliance with the
requirements of Section 501 (c) ( ) and (L2) of the Internal
Revenue Code of 1954r ES amended.
ARTICLE IV
NON -PROFIT STATUS
I. No part of the income or net earnings of the
eorPoration shall inure to the benefit of or be distributable
to any shareholder, director or officer of the corporation,
or any other corpor$ib-n or private individual; however,
reasonabre compensation may be paid for services actuarly
rendered to or for the corporation and any officer, director,
agent or employe€r or any other person or corporationr may
be reimbursed for expenses advanced or incurred. for the
corporation's benefit upon authorization of the Board. of
Directors- No shareholder, director or officer of the
corporation, nor any other corporation or private individual,
sharr be entitled to share in any distribution of any of the
corPorate assets on dissolution of the corporation or othe::urise,
except as hereinafLer expressry set forth. No sgbstantial
part of the activities of the corporation sharr consist of
carrying on lobbying activities, propaganda campaigns or
other activities designed to influence regislation. The
corporation shalI not participate or intervene in any political
campaign on behar-f of any candidate for public office.
2- upon dissorution of the corporation, all of its
assets.remaining after payment of liabilities shalI be paid
over and transferred to one or more exempt organizations as
are qualified for exemption from Federal income taxes under
section 501(c) (a) and (121 of the rnternal Revenue code,
except that alr water rights and other property appurtenant
to, used in connection withr or necessary for the convenient
use and occuPation of the real property of the sharehorders, shalr
be returned, transferred. or conveyed to such shareholders in
proportion to their share interest in the corporation. The
proceedings of dissolution shalr be conducted in accordance
with Article 26 of Tj_tle 7, C.R.S. as amended.
3. Notwithstanding any other provision hereof, this
corporation shall not conduct or carry on any activities not
permitted nor receive any income which is prohibited under
the provisions of Section 501 (c) ( ) and (I2) of the Internal
Revenue Code.
ARTICLE V
SHAREHO LDERS
1. The owner or owners of any of those parcels of
real property described on Exhibit ,,A,, attached hereto and
incorporated herein by this reference, shall be shareholders
in the corporation; provided, however, if any one such
-4-
parcel is owned by more than one person or entity, all of
the owners of such parcel shalr constitute one shareholder
in the corporation.
2. The corporation sharl issue share certificates to
sharehorders in accordance with the By-Laws hereinafter
promulgated pursuant to 1aw.
I oRTrcLE vr
Ai,T,OCA T ON_ OF_ENARE S
1. The owner or owners of each of the parcels of real
property described on Exhibit rrArr attached hereto, sharl be
entitred to that number of shares set forth opposite such
shareholders respective parcel below:
Parcel Shares
-18..tL-'" c5'
A3 *,4*
A5,)o's
dr'},r^',l
4,{ z.*' S a*'/zV a-acA'n
/3 o/ ,,4''n "//
/(t't- s F'(efc4''€r
B a**< * fhrygacl(
tL' ?r r e */ ,7iPA e.rsa{
tis?24
t20
36;
18
18
18I
10
2
L32.,
120
.u.X "t'r
7
I
a
C9*'*
i, rt'w'"'7
0 /g.a
TOTAL SHARES 600
2. The water of the corporation shall be allocated
arnong the respective parcels by the use of divider boxes as
follows:
Parcel Shares of Water Received Through Divider Box
,
120
r08
120
r32
120
B FE
Ac, D,
G,H
I
J
3. The shares of the corporation shall be appurtenant to
the respective parcel for which they are issued aS described on
Exhibit rrArt attached hereto and said shares and the water
-5-
,
and water rights represented thereby shalr remain appurtenant
to said parcer and may not be transferred, sold, conveyedr or
used in connection with any rear property or for any other
PurPose except for the irrigation of the parcel so designated.
Each share certificate shalr bear the forrowing endorsement:
The shares evid.enced hereby are appurtenant to thatparcel of real property referred Lo as parcel
(here insert letter of Parcel as itescribed onExhibit rtArr of the Articles) and described in theArticles of Incorporation of the Mid-Val1ey Ditch
Company and entitles and subjects the holder hereofto such rights and obligations as are containedin said Articles and the By-Laws of the Mid-ValleyDitch Company or as othet*rise provided by Iaw.
4. In the event any parcel is owned by two or more
persons or entities, whether by j.oint tenancy, tenancy in
common, or otherwise, the share certificate evidencing the
shares which are appurtenant to such parcel shalI be issued
in the names of aII of the owners of said parcel in the same
manner as title to said. parcel i.s held and, at the time of
such issuance, such owner shall designate to the corporation
in writing, one person who shalI have the power to vote the
shares evidenced by said. share certificate.
ARTICLE VII
VOTING
1. Each shareholder in good standing shall be entitled
to vote, either in person or by proxy, the number of shares
as registered in the name of said shareholder on the books
of the corporation. Cumulative voting shall not be allowed
for any purpose.
-e_
2- At all meetings of the sharehorders, a majority of
the shares of the company entitled to vote on any question,
represented in person or by proxy, sharl constitute a guorum
for determining such question.
. ARTICLE VIIInrcrsrrnrffiEb AGENT
The address of the initial registered office of the
.corporation shall be L5?7 335 Road, New Castle, Colorado,
81647. The name and add.ress of the initial registered
agent of the corporation j-s warren McPherson, at the above address.
ARTICLE IX
DIR.ECTORS
The number of d.irectors constituting the i-nitial Board
of Directors of the corporation shaII be three (3) and the
names and. addresses of the persons who are to serve as
directors until the f,irst annual meeting of shareholders or
until their successors have been duly erected and qualified
are as follows, to wit:
Name Address
$Iarren tvlcPherson
Henry LeFeverElaine Sundmacher
,T,1,
1577
077 5
0117
335
335
335
Road,
Road,
Road.,
New Castle,
New Cast1e,
New Castle,
Colorado
Colorado
Colorado
81647
81647
8L647
ARTICLE X
rNCOnpOffiOn
The name and address of the incorporator is:
Kerst, Suite 2Og, Village plaza, Glenwood Springs,
8150r.
Dan
CoIorado,
ARTICLE XI
RECORD HOLDER
The corporation sha11 be entitled to treat the registerecl
holder of any shares of the corporation as the owner thereof
\
-7-
)
for all purposes, including all rights deriving from such
shares, and shalI not be bound to recognize any equitable or
other craim to, or interest in, such shares or rights deriving
from said shares on the part of any other person, unress anduntil such person has become the registered horder of such
shares, in the manner prescribed by the corporate By-Laws.
ARTICLE XIT
BY-LAWS
The Board of Directors shall adopt and may amend fromtime to timer By-Laws for the regulation and government ofthe corporationrs business and affairs and issuance and
transfer of its share'certificates.
ARTICLE XIII
1' rf the corporation deems it necessary to raise
f,nds to carry out its objectives and purposes as abovestated, incrud.ing the maintenance of the corporation,s oitch
pumps, and related. equipment in good. repair, the corporation
shalI have the power to make an assessment on the stock
hereof, which assessments shalI be revied prorata on the
shares of stock in the corporation. Assessments and the
amount thereof for the maintenance of the corporationrs
oitch, pumps and related equipment and the preservation of
the corporation r s urater an. water rights, includ.ing any
necessary capital expenditures, shal1 be determined by
resoLution of the Board of Directors, provided that such
assessment must be submitted to the shareholders of the
corporation at an annual meeting or at a special meeting
-8-
ca.led for that purpose, dt which a quorum is present, and
such resorution must be approved by a vote of not less than
2/l of the shares represented at such meeting, either by the
sharehorder in person or by proxy,. provided, that if the
sharehorders fail to hotd any such meeting or fail to make
or authorize any assessment within ninety (901 days after
the close.of the corporation,s fiscal year, the directors
sharr have the power to make any such assessment at any
regular or special meeting called for that purpose during
the then current fiscal year. upon approval of such assessment
by the shareholders as provided in this Article xrrr the
manner and frequency of corlection of such assessment shalI
be determined by the Board of Directors, but in any event,
such assessments shall not be payabre more frequently than
monthly
Any provision herein to the contrary notwithstand.ing,
the corporationts authority to assess for maintenance expenses sharl
extend only to those maintenance expenses incurred in
connection with those portions of the corporation,s d.itchs,
equipment anii related structures used in common by the
shareholders.
2' The Secr eEary/Treasurer shall notS-fy each shareholder,
in a *riting mailed to the address of such sharehorder as
shown on the records of the corporation, of the amount of
any and all assessments levied against such sharehorder.
3. Each shareholder shalI pay to the treasurer the
amount of assessment so levied within thirty (30) days after
-9-
notice thereof sharr have been deposited in the united
states Post officer properry addressed to the,address of
said shareholder as shown on the records of the corporation,
or within twenty (20) days after sueh notice has been personarly
derivered to said sharehorder. rn the event any sharehorder
fails to pay such assessment as so revied within the applicable
thirty oL twenty day period as above provided., such assessment,
together with recording fees, court costs and reasonable
attorneyrs fees incurred in the corlection thereof, sharl be
and become a rien upon the shares of stock of said sharehorder
in the corporation and the water rights represented thereby
and such lien shalr continue untir such assessment is furly
paid' Each and every assessment sharl also constitute a
personal obrigation of the sharehorder upon whom such assessment
is Levied..
4- rf any assessments sharl not have been paid within
the appricabte twenty or thirty d,ay period as above provided,
the Board of Directors, by appropriate action, may3
(a) Terminate the further delivery of irrigation water
to the parcer of rand owned by the derinquent sharehorder
and no irrigation water sharr be derivered Lo such parcel
until.such delinquent sharehorder has paid. arl assessments
due.
(b) collect from such defaurting sharehorder, by any
means provided by law, the assessment then due, together
with any recording fees and costs of corlection, includi.ng
court costs and reasonable attorneyrs fees.
-10-
(c) Foreclose on the corporation's lien as provided in
paragraph 3 0f this Article xrrr in the manner provided by
Colorado law for foreclosure of a judgment 1ien.
(d) Declare a forfeiture of the shares of stock and
the water rights of the shareholder fairing to pay such
assessment, provid.ed that no such forfeiture sharr occur
unless the derinquent sharehorder has faired to cure such
delinquency and pay such assessment within sixty (60) days
after a notice of such delinquency (in addition to the
notice required under paragraph 3 of this Article xrrr) has
been delivered to such shareholder in person or by written
notice deposited in the united states Mair, certified and
postage prepaid, and add.ressed to the ad.dress of such d.elinquent
shareholder as shown on the records of the corporation. rn
ttre event of ,a forfeiture of any shares pursuant to this
subparagraph (d) the corporation may transfer the share
interest evidenced by such forfeited shares to the remaining
sharehorders of the corporation who are in good standing, in
proportion to their interest in the remaining issued and
outstanding shares of the corporation.
5. In the event the parcel of land to which any
shares are appurtenant, is in whore or in part, transferred or
conveyed by any sharehorder who is in defaurt in the payment
of any assessments, the transferree or grantee of any such
real estate shall be liabIe for the payment of all assessments
in arrears subject to the provisions of this Articre xfrr
and shalI be bound by any notice given to the transferor or
grantor pursuant to this Article. \
_'t 1
\
f
1e8e,'o3i l=:!l iElii'Irlli'ull"'*"#"uf,I=o5" J +decrares that he is the person who signed the foregoingArticres of rncorporation as incorporito=, and that saidArticres were adopted as his free lnd voluntary act io= theobjects, uses and purposes therein set forth, ind that thestatements therein contained are true and correct.
Witness my hand and official seal.
My commission expires z/t.,* / 7, ll f'j
/
rN WTTNESS WHEREOF, the undersigned incorporator has
subscribed his name to these Article this gb day of
, A.D. lgg0.
v
Ker S corporator
VERIFICATION
c
EXHIBIT IIA,I
That parcel of real property described in deed recorded as ReceptionNo' 293356 in Book 525 at page 909 of the Garfierd counry Records.
Parcel A:
Parcel B:
Parcel C:
Parcel D:
That parcel of realNo. 2974G4 in Book 3
Parcel E:
That parcel of rear property described in deed recorded as ReceptionNo' 293575 in Book sll it nage 195 of the Garfierd county Records.
That parcel of real property described in deed recorded as ReceptionNo' 297462 in Book s:s "t nage 19 "i-trr" Garfield county Records.
property described in deed recorded as Reception35 at Page 24 of the Garfield County netoras.
That parcel of rear property described in deed recorded as ReceptionNo' 303751 in Book saa lt Page 296 "r trre Garfierd counry Records.
Parcel I':
That parcel of real property described in deed recorded as ReceptionNo' 304520 in Book sag it eage 764 i" trr. Garfield counry Records.
Parcel G:
That parcel of real property described in deed recorded as ReceptionNo' 295684 in Book s:r lt eage 484 in the Garfierd county Records.
Parcel H:
Parcel I:
That parcer of rear property described in deed recorded as ReceptionNo' 298193 in Book 536 it eige 428 in ttre Garfierd county Records.
That parcel of real property described in deed recorded as ReceptionNo' 294130 in Book 528 at eige 319 in tte Garfield counLy Records.
Parce1 J:
That parcel of real Property described in deed recorded as ReceptionNo' 294117 in Book s2e it eige 296 i"-trr. Garfield counry Records.
-
-
JUL-AZ-AAA3 15:48 DIU LIRTER RESOURCES 3A3 866
STATE CF
OFFICE OT THE STATE ENGINEER
DMsion of Whter R$oqrces
Depanment of Natural Resourceg
1313 Sherman Sreel Room 818
Denver, Colotado 80203
Phone (303) 866-3s8'l
FAX (303) 665-3509
l,r,\arav.waDer.$ate.Co.uS
Bill Orrens
Govemor
Greg E. ualc}tet
Exeortire Direcor
l.lel D,simpion, RE
SOte €ngncer
July 2, 2003
Tamara Pregl
Garfield County Planning Deparfnent
108 8th St Ste 201
Glenuood Springs CO 81601-3355
Re: Gilead Gardens SubdiMsion Preliminary Plan
W%, Sec.7, T65, R91\ /.6TH pM
Water Division 5, Water District 45
Dear Ms. Pregl:
We have received additional information concerning the above referenced proposalto
subdivide a parcel of approximately 35 acres into nine residential lots. Each lot is proposed to
contain one single-famity Owetting, and five lots will allow for an accessory durelling. The domestic
water supply foitne dwellings, a-totat of 18 livestock, and 1,OOO square-feet.9f lawn inigation for
each d\^r;iling is to be provifed through a centralsystem supplied by the wellYqh Permit No-
56217-F. permit tto. Sbztz-F was isdued pursuant to a contractwith the West Divide Water
Conservancy District (Distric$ on July gl,2OO1for the eXsting well formerly approved under
p"rrit no. tOOStZ. fdis well is located on Lot 1 and serves two eisting dwellings (one on Lot 1
and one on Lot 5). lnigation water is to be prwided through the applica{'9 exi$ing sharg 9f . -.
irrigation water riints ilr fire Gotdman Ditctr, Pump and Pipeline and the Ward Reynolds Ditch No.
17.
The additional information consists of letter from Bruce Lewis of Boundaries Unlimited lnc,
a Statement of Beneficiat Use, a Petition for Reinstatement, and the $30.00 filing fee. Based.on...
this letter and discussions with the applicant, this review is based solely on the use of the wellwith
Permit No. 56217-F as the water supply.
The letter stiates that the proposed development co/enants will be modified to conform to
the conditions on the approved wetl pennit [Permit No. 56217-fl, the claims ma-de on the
Statement of Beneficiai iJ.e ao within the iermit parameters, and the Petition for Reinstaternent
is acceptable. Therefore, so long the covenant changes are made, and the field inspection tobe
condu&ed later this *eei< by ouioffice confirms that the use of the well is as claimed, we will be
able to accept the statemeni and confirm the permit as valid, and acknoa/edge that the permitted
uses as adequate to cover those proposed forthe development,
The letter also states that the design of the proposed domestic water system, including
storage, will comply with the goveming ag-endes requirements. As such, so long as the_county is
satisfiLd w1h the'dlsign of thl water Jystem, this offioe has no further @ncems regarding the
phyaical adequacy of the well.
A we1 test completed by Boundaries Untlmited with the assistance of Aqua Tech SysEms
lnc. indicates that the existing well produced 15 gallons per minute over a24hour period on
JUL-A?-aAA3 15:48 DIU IJRTER RESOURCES
Tamara Pregl
Gilead Gardens SuMivision Preliminary Plan
3A3 865 3589 P.Z3/A3
JUU 2. 2003
Page 2
January 3 and 4,2OO1, that the drawdown was 12.58 feet and that the 99% recovery occurred
within 6 minutes, With adequate storage capacity this well should provide an adequate supply
for the proposed use-
Based on the above the State Engineer finds pursuant to CRS 30-2S-136(1XhXl), that
the proposed water supply will not cause material injury to decreed water rights and is
adequate, so long as the covenant changes are made, the field inspection to be conducted later
this week by our omce confirms that the use of the well is as claimed, and the storage capacity
provided is Lcceptable to the county. lf you or the applicant has any questions conceming this
matter. please contact Craig Lis of this ofiice for assistance-
!!,
Chief of Water SuPPIY
DWCML: Gilead Gardens iv.doc
cc: Alan Martellaro, Division Engineer
Robert Klenda, Water Commissioner, District 45
TOTRL P.A3
970-394-2056Jun 28 03 O7:34a DTC
EOUT{OARIES
UNLIMITED INC.
ConsultinE! Engineers
JLrne 28. 200:
Craig Lr.
Siate of Colorado
Division of Water Resources
818 Centennial Bldg.
1313 Shemran S-.
Denver. CO 80203
RE Well Perrnit Number 056217 F
Gitead Garden s Homeor'vners' Associ at-lon
Dear Craig:
Thank you much for you assistance with completing the *Statement of Beneficial Use"
tbrm Please find atta;treJ ,lgn"a copies of the petition for Reinstatement of a Well
Permit and the Statement of Beneficial use along rvith a check in the amount of thirtv
dollars.
The proposed derelopment covenants will be modified to conform to the conditions
stated in tlre approved well permit. Gilead Gardetts' proposed domestic water system
(in-c.luding treatment, *roiug! and distribution) design-and construction' will comply with
the goveruing review agency's requirements'
Please contact me at 970-3 7g-8362.with any other comments or concerns you may have'
Again, thanks for all Your helP'
Sincerely.
BOUNDAR UNLIM]TED INC
Bmce D.
Principal
PE.
Attachments
CC Tamar.aPregl'Gart'ieldCourrtyPlanningDepartment,Phone:(970)945.821?
923 Cooper Avenue I Suite 102 [Glenwood Springs i Colorado 81601 Ph 970.945 .5252 Fax 970'384'2833
Fomr
No.
GWS-r0
6/00
STATE OF COLORAL,-
OFFICE OF THE STATE ENGINEER
818 CentennialBldg., 1313 Sherman St., Denver, CO 80203
(303) 866-358'1 Fax (303) 866-358e
STATEMENT OF BENEFICIAL USE
Oi,,-c Use Only
lnsert the Well Permit Number 7Z
47
Name. add ress and phone of the well owner:
3-S/.<7? cR3
Phone (
City, St.
Mailing Address
NAME(S)
5F-.roottrredlUlr+, sec.f--, r*p.--b-- E *.o,fE s, Ranse 2/- [ e'o' E] *''
Distance rrom section Lines ZDAZ-FI. From E *. .rWr-,3b3b- Ft' FromM =' o' l--l*'
''n"
s Well
Subdivision Name nit
WELL LOCATION: CountY
G-r-*
(state)
Lot Block
(city )
The well is being for
was first used beneficially under this permit number, for the above described purposes on
(Do not report a date of use before the issued date of this permit.)
Water from the
gallons per minute. (From the Pump lnstallation and Test Report )l5The pumping rate claimed is
The average annual amount of water diveded is acre feet.
The land irrigated (watered) by water from this well is
or as
tr Acres
Number
E Square feet, described as:
Subdivision Lot(s)Block ------- Filing/Unit
License No.
License No.l10-b---L3
Well constructed bY:
Pump inslalled bY
r7DSerial No
tt Date lnstalled?coLMeter Mfg. By
n statedmadeofntsherein,statementsthetheknowcontethetheofdescribedwellabove,andim that area owner(s)(we)cl ay(we)
u knto(o r)owledge.trueare mytheythat
ature(s) of
?r.uae-UtZry
Dateethe Signer's Name & TitlePlease
For Office Use Only
State Engineer DateBy
o
Fonn No.
GWS-65
08/23l01
COLORADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 Sherman St. Rm. 818 Denver CO 80203
Phone - info: (303) 866-3587 Main: (303) 866-3581
Fax:(303)866-2223 hltp://www.water.state.co.us
PETITION FOR REINSTATEMENT OF A WELL
PERMIT PURSUANT TO c.R.S. 37-90-137(3)(c)
Used for late filing Statements of Beneficial Use or Notices of Well Completion after the permit expiration
date for welt permits issued pursuant to G.R.S. 37-90-137(2), (4) and (7)
o" ,frrly 3l-Zool , the Colorado State Engineer issued well permit number
-ofuaz-L-z-r1lnsert date the permit was issued
I (We) failed to submit evidence of beneficial use, if the permit was issued per CRS 37-90-137\2) or CRS 37-90-
137(7), or a notice of well completion if the permit issued per CRS 37-90-137(4), prior to the expiration date of the
well permit due to the following reasons:
u
I (We) hereby petition the State Engineer to find that the above reasons constitute excusable neglect, inadvertence
or mistake and accept the evidence attached hereto in accordance with applicable Colorado Revised Statutes.
Further, I (we) say that I (we) have read the statements made herein and that the same are true of my (our) own
knowledge.
Signature Date
Signature Date
Forg No.
Afis-zs
OFFICE OF THI TATE ENGINEER
GOLORADO DIVISION OF WATER RESOURCES
8'18 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581 EXST
APPLICANT
WELL PERMIT NUMBER
DIV. 5 WD 45
oss?L? .tr
DES. BASIN MD
PROVED W ON
GARFIELD COUNTY
SE 114 NW 114 Section 7
Township 6 S Range 91 W Sixth P.MGILEAD GARDENS HOMEOWNERS ASSOCIATION
1577 CR 335
NEW CASTLE, CO 81647-
(970)876-2205
E/EXPANSION OF USE OF AN EXISTING WELL
DISTANCES FROM SECTION LINES
2002 Fl. from North
3696 Ft. from East
UTM NATES
Northing
Section Line
Section Line
Easting
1)
2)
4)
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
GONDITIONS OF APPROVAL
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.
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 lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-90-137(2) for the change of use of an existing well (no. 106517, cancelled), appropriating
ground water tributary to the Golorado 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).
The use of ground water from this well is limited to ordinary household purposes inside eight (8) single family dwellings
and seven (7) accessory dwelling units, the irrigation of not more than 18,000 square feet of gardens and lawns
(approximately 1,200 square feeUunit), 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.
The maximum pumping rate of this well shall not exceed 15 GPM.
The average annual amount of ground water to be appropriated shall not exceed 7.63 acre-feet.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
numbe(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
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).
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 o12,OO2 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.UID 7-31-o (
s)
6)
7)
8)
e)
State Engineer 3tNo.0478749
1,APPROVED
JD2
DATE ISSUED JUL3I IRATION
JUN-?3-?@@3 15:39
,ITICE OT THE STATE ENGINEER
riofl of 'Whter ResourL:€s
.- sfranme^t Of Nrtutal REgources
1313 Shernan street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
F^X (303) 856-3s89
w*l,V. weter,sulte.CD,tD
4
DIU NATER RESOURCES
June 12,2003
3@3 855 358-e
,//t
5TATE OF CO
gill C}wtDi
Corernor
Greg E. Wokher
Ereclu\€ D;E(tor
Hal O. S.mgton, R€.
Sue Engtneer
Tamara Pregl
Garfield County Planning Departrnent
109 8th St Ste 303
Glenwood Springs CO 81601
Re: Gilead Gardens Subdivision Preliminary Plan
W%, Sec. 7, TOS, R91W,6TH PM
Water Division 5, Water District45
Dear Ms. Pregl:
We have reviewed the above referenced proposat to subdivide a Patff,}l of aflcDomalely
35 acres into nine residential lots. Each lot is poposed to contain one singls'fanily clwelling, and -
frve lots will allow for an ac@ssory duetting. The domestic water supply for the dwellings, a total of
1g livestock, and 1,OOO square-feet of lawn irrigation for eactr dwelling is to be provided through a
oentral sptem supptied UV tt* wells. The wel6 are to be issued pursuant to a oontract with the
West Divide WaierCorrseNancy O'lstrict (Districf), a copy of which was povided. Permit No'
S6Z11-F was issued pursuant to this oontracl on July 31,2001for the elsting wellformerly
approved under permit no. 1O6517. This well is located on Lot 1 and serves two existing dwellings
(one on Lot 1 and one on Lot 5). lrigation water is lo be provided through the_apPlicalt's existing
ihare of irrigation water rights iir tlre GoUman Ditch, Pump and Pipeline and the Ward Reynolds
Ditch No. 17.
The vffi#;*llar"56,gt7-F is in question since the applicant fajled to_sub.mit a
Statement of Benlficial Use for this well prior the permit expiration date of July 31, 2002. The
itatement may be submitted with a $3O.OO late fee and a Petition for Reinstaternent, if the utell
was put to use as permitted prior to the expiration date. Alternatively, the applicant may apply
for a new well permit for the specific uses proposed for this development.
Although well permits for this area may be available if the wells are included in the
Distric,:t's temforary substitute supply plan, no new well permit applications have been submitted
for review by this offi"e. and there'is no guarantee that such well permits can be issued.
Furthermore, to be considered a legally ieliable source of water the wells must ultimately be
included in a court approved augnrentation plan, since there is no guarantee that a temporary
substitute supply plan will be renewed.
Review of the Article V.B of the Declaration of Proteclive Covenants indicates that each
lot may contain up to three horses, totaling 27 horses for the nine lots, whictr exceeds the 18
iir""totf provideA for in the water use estimates. The same declaration also allantrs for other
animals, without timiting the number of animals that may be kept on any one lot- ln addition' the
irrigation allowabte under Article V .F .2. exceeds the estimate of 1 ,000 square-feet per lot. The
apiticant must revise the water use estimates and/or the covenants to assure that all water
uses are Permitted.
Jtlf{-23-2P/e.3 16t72 DIU NETER RESOURCES
Tamara Pregl
Gilead Gardens Subdivision Preliminary Plan
Chief of Water Supply
383 856 3589 P.g3/O3
June 12,2003
PageZ
A well test mmpleted by Boundaries Unlimited with the assistance of Aqua Tech Systems
lnc. indicates that the existing well producect 15 gallons per minute over a 24 hour period on
January 3 and 4, 2001, that the drawdown was 12.58 feet and that the 99% recovery occurred
within g minutes. With adequale storage capacity this wellshould provide an adequate supply
for the proposed use. However, the proposed 6,000-gallon storage tank may be inadequate
since it appears that the proposed livestock use and lawn inigation, as well as peak demand,
rnay not have been considered in the design c€lculations.
Based on the aborre the State Engineer finds pursuant to CRS 30-28-136(1)(h)(l), that
the proposed water supply will cause material injury to decreed water rights and is inadequate.
lf you or the applicant has any guestions concerning this m6tter, please contact Craig Lis of this
office for assistance.
DWCML: Gilead Gadens iii.doc
cc: Alan Martellaro, Division Engineer
Robert Klenda, Water Commissioner, District 45
TOTRL P.43
BOUNDAI*'ES UI\ LI M ITEL, INC'
March 20,2003
tii,lii;''*, ":'
i r: h-lil
Ms. Claudia Engelmann
Colorado Division of Water Resources
1313 Sherman Street, Room 818
Denver, CO 80203
RE: Well Permit Applications for Glead Gardens
DearMs. Engelmann:
Glead Gardens Homeowners Association has retained Boundaries Unlimited Inc- to complete the
work necessary to obtain an adequate and legal water supply for the proposed subdivision "Gilead
Gardens. Two well permit applications are for supplying water for a new central water system
servicing nine residential toti. One of the applicatibns ii for replacing the expired existing well
permit (056217 F). The other application is for a new well permit on the same properlry-
Attached please find the foltowing information for the referenced well permit application:
Well Permit Application for Glead Gardens Well #1
Well Permit Application for Gilead Gardens Well #2
Existing well permit documents (copy)
Property description of the entire property.
Project location Map
Well location Map
600 foot spacing waiver
West Divide Water Conservancy District Contract (copy)
EQR Table and Pond Surface Evaporation Table
Check in the amount of $880.00
Please contact me at (970) 379-8362 with any questions you may have
Sincerely,
BOUND INC.
Bruce D
Project Manager
cc:David & Renee Miller
923 Cooper Aveuuc. Suite 102, Gletttvood Springs- CO 81601
Ph: (970) 945'5252. Fx: (970) 384-2833
1.
t)
J.
4.
5.
6.
7.
8.
9.
10
Enclosures
I
,.]
. ; .rii:
tqi'i, ' '' "rr';tiiG
O{irr.c Usc OnlY F onrr G\A|S-45 (3/2003)COLORADO DIVISION OF WATER . JURCES
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM 81B, DENVER, CO 80203
l.rlrone - inicrr (303) 800'3587 main: (303) 866 3581
fax.866,3589 //www.watet .stale.co us
GENERAL PURPOSE
Water Well Permit APP!ication
Review instructions on r€verse side prior to completing iorm
The lorm musl be completed in black ink.
Altach a detailed description ol uses applied for'
E lndustrial Soter pescrtbe). p6t4e5+ic-
fl Municipal
p lrrigation
I Commercial
6. Use OI Well (check aPPl icable boxes)1. Appl icant lnformation
q
fissaciatit
I'larne of apPtoanl
G[*lG"
Maihng addrass
47
a rJL'J t^5 Ilor*esrn*rs nl
3355?t*l
Slale codeLtpCrtyoC(,I8
'Ielephone #7. WellData (ProPosed)
i',laxiiii:ni punipindia6- "'-'
15 n,
Toiat depilr
/O() rc"t
Annual amounl
6,ue
aqi,ir"i '
withdrawn6e tl i *I zuhrltllLacre-feetA.F
aurt,rl Alter
z.l-vpe Q! 4p_pligeligl 1c1t-99k gnq[cable boxes
E[ Construct new well
f] Replace existing well
I Change source (aquifer)
E other:
fl Use existing well
I Change or increase use
I Reapplication (exPired Permit)
)., __
attach a scaled map that shows irigated area )
as an attachment):
#Acles
3z.ea
A
C.
B "db Trrtf
D.-Lisl any other wells or water rights used on this land:
(ll used lor crop irrigation,
ater Will Be Used8. Land On Which Ground W
Gl*"d Gor)L^, LrJa-ll * I
Legal Description (may be provrdred
See Attachd
Well4. Location Of P
S
--5-t- -* or tne --IlAL-raGor+ieJe)
Z 337 rr.tromEl N fl 5?S Ft.tromEEEl w Well Driller License9. Pro o
- drstane and to new
directionfeet
t577 Ro"l gssaddress
and state ate
Required setiings for GPS units are as lollows:
in UTM formatOptional: GPS well location
qj o)
be
name ttle
Art , -. €{a--Dov,o
Fomal must be UTM
Zone must br1 3
Units muslbe Meters
Datum must be NAD27 (CONUS)
Unit must be set to true norlh
were poinls Bverageor flves I uo
Northing____
Easting
Drv ----- wD ---- BA ----- MD -----
Office Use OnlY
i Surlace elev.
map name
R6Ceipt area onlY
DWR map no.
WE
WR
CWCB
TOPO
MYLAR
SB5
5. ParcelOn Which WellWill Be Locate
A. Legal Description (may be provided as an attachment):
5 ee Atl'ached Dntoriyhou
3q,q'7
D. Witl this ue the only well on this pBrcol?
E. Stale Parel lD# (optional):
B"#oI acres in parcel
6tl*L Gq'ipt.t wtl( * I
-l "c. o*^", " "\gW
;fl ils fiiro t'i""
,I r osT-
- list olher wells)
d
I
3. Refer To
;;#-
ESE
7
are property
-rowrisnio t'ioiS-6DB EorW
EE
tn" ie-"onJ
AuthorizedOr Agentof0.Si1
in-fh;
cto .R.S,pursuant1misdemeanoraclassispunishabledegreecontentstheknowherein,theread statements04haveI24-4-1 1 3)(a).
COLORADO DIVISION OF WATER OURCES
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM 818, DENVER, CO 80203
plrone - rn{or (303) 866-3587 nrain. (303) 866 3581
{av,866-3s89 water.stale.co.us
OIilce Usc Only Fornr G\t{S 45 (3/2003)
GENERAL PURPOSE
Water Well Permit Application
Review inslructions on reverse side prior to completing lorm.
The form must be completed in black ink.
6. Use Of Well (check applicable boxes
Attach a detalled descriplion of uses applied {ot
L lnduslrial E otrer (describe): Domesfic
I Municipal
ffi lrrigation
I Commercial
)'1. Applicant lnformation
I'Jailre ol af)plroanl
G;!u{ Q "Jens H onr;l,rtn nro Asfrctaft on, Ltd
l\4arlrn9 address
,,!rrC"u,rfyfl."J 3Jf
lNou,s las*le- Co
I r.r"'ot onb !
| 0lo ) B 7b- zzo,
Ztp code
8tb47
15 ep*.
100 feet
;,j*D;ufl#li
Aquifer
rale
7. WellData
amounl lo be
6.'$ A.f c
rotir odpit,f'i"r 4//uuan&lorodo
?,_Ivf" 9I rp_el!:g!'-gn (c!ec! qPPllcaP
D Conslruct new well
! Replace existing well
I Change source (aquifer)
E other:
I Use existing well
ffi Change or increase use
El Reapplication (expired permil)
le boxes)
3. Refer To (if applicable)
-wEir pg.ir F-0€6 2t7 F
Designated Basin Determination #
Water
I
I
Well name or
8. Land On Which Ground Water
Legal Description (may be prgvided as an attachmenl):
See AtlaoheJ
, attach a scaled maP that shows irrigated area )
D. List any olher wells or water rights used on this land:
Gited Cor4e-^s ()ett *2(r" he co"Efru/,di.
ro"'"" gg.Gb " HBo Tivrr
(lf used for crop irrigation
A
Will Be Used
County
6erf,elJ
seclion - I rowrisiiip tl oi7 : $ tr
Distane of rellfrom section lines (sectlon
4. Location Of Pro
Princioal Meridian
6+h
e-or tjv-
ts
iiansi
1t uts
lrnes are typically nol property
Z OO Z rt, {rom fl N El S
Well
- -SF._ - rn ot tire ---l$-!M----rr
1L rt rromE E E W Well Driller LicenseI-'F6ii-epncement wetts onty - 61"6*;
"nd
dirEctron {rom old well to new well
feet direction
arethereoi andOptional: GPS well location inlormation in UTM format
Required setlings for GPS units are as follows:
well 335tS 77 Louvt
It
nameE
n= Pr-e sl Je ^[NL r uesfa
3 o
Datum must be NAD27 (CONUS)
Unit must be set to true north
Were poinls averageor Dves E ruo
Northing_____
Easting
Format must be UTM
Zone must be1 3
Units must be MeLers
Drv _____ wD ---- BA ----- MD -----
Office Use Only
rop name
area only
elev.no,R map
WE
WR
CWCB
TOPO
MYLAR
SB5
5. ParcelOn Which WellWillBe Located
A. Legal Description (may be provided as En attachment):
See Attoched Dns"rtp+hn
CiloA Grr.Je ns Utcll #z
jtsD -Tiosf
E. Stste Psrel lD# (optional):
-i-c
I
I
Owner
)beCo">trorfed
b
D. ili'ili,;;G;
lt
E vesonly well on this pErcel?(it no - hst olher wells)
# o[ acres in 0"r"., grl ,17
(proposed)
AnnualMaxrmumpumping
#(optional):
GILEAD GARDENS HOMEOW NERS ASSOCIATION
1577 CR 335
NEW CASTLE. CO 81647-
(970) 876-220s
toN
s?o- 3a4 -2833
APP ROYE_D W ELL LOCATION
GARFIELD COUNTY
SE 114 NW 114 Section 7
Township 6 S Range 9'l W Sixth P.M
DlsrANcES FROM SECTION LINES
2002 Ft. from North Section Line
3696 Ft. from Easl Section Line
UTIV] COORDINATES
Northing: Easting:
P.It'lar 18 03 O1:22P DTC-BU I -Zoom:l
OFFICE OF Th- JTATE ENGINEER
GOLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St-, Denver. Colorado 80203
(303) 866-3s81
For-go No
fiis-zz
APPLICANT
WELL PERMTT NUMBER
DIV, 5 WD45
o56,ZL7
DES. BASIN
F
MD
1)
2)
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFERAWATER RIGHT
CONDITIONS OF APPROVAL
This well shatl be used in such a way as to cai.rse no rnaterial injury to existing water rlghts. The issuance of this permit
does not assure the applicant that no injury will occur 10 another vested water right or preclude another owner of a vested
water right from seeking relief in a civil courl action-
The construction of this wel| shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a uariance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-90-137(2) lor the change of use of an existing well (no. 106517, cancelled), appropriating
ground waler tributary to the Colorado River, as an slterflate point of diversion to the Avalanche Canal and Siphon, on the
condition that the well shall be operated only wlren the West Divide Water Conservancy Districfs 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 ln etfect, or under an
approved plan br augmentation, WDWCD contract #010322GGHA(a).
The use of ground water from this well is limited to ordinary household purposes inside elght (8) single family dwellings
and seven (7) accessory dwelling units. the irrigation of nol more than 18,000 square feel 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 augmentiation is in effect. This well is known as GILEAD
GARDENS WELL #.1.
The rnaximum pumping rate of this well shall not exceed 15 GPM.
The average annual amount of ground water to be appropriated shall not exceed 7.63 acre-feet.
The owner shall mark the wetl in a conspicuous place with well permit number(s), name of the aqulfer, and court case
numbet(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings,
This well shall be located not more than 200 feet from the location specified on this permit and nol less than 600 feet ftom
any existing well, cornpleted in the same aquifer, that is not owned by the applicant (excluding permit no. 88469-4, waiver
has boen submitted by the well owner).
A totalizing tlow meter must be installed on this well and maintalned in good working order. Permanent records of all
diversions rnust be rnainiained by the well owner (recorded at least annually) and subrnitted to the Division Engineer upon
request.
NOTICE: This pernit has been approved for a vvell location of 2,002 feet trom the north section line and for the above
referenced uses and amounts (as indicated by revised Table 'l submlfted on July 26, 2001). You are hereby notlfled thet
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
clate of issuance, pursuant to the State Administrative Procedures Act. (See Sect'ron 244-104 through 106, C.R.S.}D l-3t-o t
4l
5)
6)
7',)
8)
e)
State Englneer JUI.374 DATE
i
1No
APPROVED
JD2
Legal DescriPtion
Aparce}of]andcomprisedofParcelAandParcelBasdescribedin
Book 1125 at Page 32i, including herewith the property described
in Lhe Quit Claim Deed recorded as Reception No' 575238 and
excepting there from the property described in the Quit claim Deed recorded
as Reception No. 515240, all- in ih. ,".ords of the Garfield County Clerk
and Recorder and situated in section ?, Township 6 South, Range 91 West of
the sixth Princrpal Meridian, Garfield county, colorado, being more
particularly described as foflows:
Beginning at a *5 rebar with a yellow plastic cap L.S. 19598 found in a fence
l-ine as constructed and in place al-so being the southeasterly corner of the
H & B Minor subdivi.sion Exemption, recorded as Reception No ' 317221 in the
records of the Garfiefd county clerk and Recorderf whence the North I/4 Corner
of said Section 7 a brass cap found in place bears N 23o4?'33" E a distance
of 4268.13 feet, with a]I bearings beinl relative to the said #5 rebar with
a ye}low pJ-astic cap L.S. 19598 and a #5 rebar with a red plastic cap
(illegible) a witness corner to an easterty angle point of said H & B Minor
Subdivisj-on Exemption, found i-n a fence line as constructed and in place using a
U.iri"q of N O4o 39'24" w between the two described monuments'
Thence atong said fence fine N 04o39'24" w a distance of 7129'24 feet;
tn.r.,"., N 16' 20,38,, W a distance of 88.59 feet to the centerf ine of the
Colorado River;
Thence,alongsaidcenterfinethefollowi'ngthreecourses;
1) N 70'33'22" E a distance of 31'62 feet;
2) Thence, N 32'04'34" E a distance of 434'17 feet''
3) Thence, N 62'16'55" E a distance of 218'12 feet;
Thence, departing said centerline s 21"43'05" E a distance of 792'28 feet to a
point in a fence line as constructed and in place;
Thence. along said fence line S 00'l-6'19" E a distance of 2'1 2'69 feet to a
point at the intersection with a second fence line as constructed and in place;
ih".,.., along said second fence l-ine the following five courses;
1) S 8Bo06',21" E a distance of 19.45 feet;
2) Thence, N 86'02'5'l " E a distance of 40'95 feet;
3) Thence, N 87"49'51" E a distance of 181 ' 16 feet;
4) Thence, N 8g"49' 09" E a distance of 152'09 feet;
5) Thence, N 89o49,09" E a di-stance of 488.10 feet to a point on the northerfy
right of way line of County Road 335 more or less;
Thence, along said nortfrerly right of way line the following five courses;
1) S 37'23'53" W a distance of 266'14 feet;
2) Thence , 258. 07 feet atong a curve to the left having a LO2A '28 foot radius
with a long chord of which bears S 30"10'52" W a distance of 251 '39 feet and
a delta of l-4"26'08" i
3) Thence, 2I3.92 fee-_ along a curve to the right having a 602,'70 foot radius
with a long chord of which bears S 33'07'53" W a distance of 212'80 feet and
a delta of 20"20'12";
4) Thence, 238.86 feet along a curve to the left having a 1590 '42 fooi- radius
with a long chord of which bears S 38'59'49" W a distance of 238'64 feet and
a del-ta of 8o36'18";
5) Thence, S 34'41'40" W a distance of 1320.13 feet to the point of beginning
saidparcefcontaininganareaof34.969acres,moreor].ess.
tbldebituerEw.htbeiqL@llI1I{ Br'@PilHP()#rt1rctuko}l1lrcF
T6S
R91IT
R9zTY
BOUNDARIES UNLIMITED INC
923 COOPER AVENUE, SUITE '102
GLENWOOD SPRINGS, CO 81601
GILEAD GARDENS
PROJECT LOCATION MAP
10F3IIATE:
5/tz/os
--Ser[,E:
NOT TO SCAI,E
NGURE NO.
1
-DRAIYN
BY:CHI(D BY:
TPII
f,oB N0.
2001.003
:_.
O:tL.idProre.lslcll€adGaderelDl'tlSdEin'lo(2drrg'Badns{rl1'O'12rc310:Ol:14PM
I'FDekJetlimCPdnter(3}aSxllC'pc3
t{tt
ts
TDc!b
Er
I
il
ooqr{tt
E'
g
!0
C'
C!
o)rl
41a
Fl
td
Edtra
z
=FdN
oat
?t
Noo
oott
o
Ftrl
U
obfrU
Edz
TN
ad
EUU4
a
oz
EoC^. zPX O9p )2N fl6# mzi a
a<F7JM L
=v z.3F tree <;a =qH E
zo
!,
i'
ii
,-h -l
-loa
\
\
-=.+-
I
I
l
-.-:t:: J'/^
1
",)
I
{
1
a
s
I
i
,^J,
,aJ
*ri
Ill
j(
t
t
LI
.tr
alt
I
;{f
'*.#
EI
t
4l
t
I,t,t
6-tr
I
1
rlln
co lCo
tg ll-<l=
,Lrl
I
I
t
r'
I
--tr.
ii-(}"
fs
.**:::f '
lr
-lD
if,
^.'.. I dt
r{
oddtt
zII\)
55r t
t
EXISTING WELL
LLOYD & N/ARILYN
@
BULLOCK, PERIUIT NO. 88469A
0'
TXISTING GILIAD
GARDEN WELL NO 1
FUTURE GILEAD @
GARDTN WELL NO 2
GILIAD GARDENS
3s AC. + /-
GILEAD GARDENS
WELL LOCATION MAPDATI: 3/2o/o3
wellexh iblt
BOUNDARIES UNLIMITED, INC.
923 COOPER AVENUE, STE.1O2
GLENWOOD SPBINGS, CO 81601
970 945 5252
1nI
600 OT WELL SPACING STATEM. T
I(we) Lloyd H. Bullock and Marilyn T. Bullock state as follows:
I (we) own real property described as. l53l County Road 335
the SE Yq of the NW %, Section 7, Township 6 South, Range 9l West, 6th P.M
Garfreld County, Colorado. Located on our properly are the following well(s):
Permit No. 88469 A
I (we) have been apprised that BBD Trust is the
present owner of an adjacent parcel of land: see attached map and legal
description- Desire to drill a new well or to extend the use of an existing well-
l(we) also understand that the purpose of such well is set forth in the attached well
permit applicatron, 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
ihat permit issuance not be postponed or denied because of any concerns by the Division
o, oth"., that the proposed well will materially affect my (our) well(s) or water right(s).
I(we) also specifically waive any right I(we) may have to participate in a hearing before
the State Engineer pursuant to Section 37'90-137(2), C.R.S-
,Zl
Dated this 2001
2.
of )
o
RTVISED / 129199
Co'
Ma
Da te
WEST DIVIDB WATER CONSERVANCY DISTRICT
WATER ALi,OTMENT CONTRACT/LEASE
,:act +01O322GGHA( a )
;D + 3lOt 3t/
Activated: 3/22/Ol
As soc i ation, LTD.
Nane of APPIicant Gi lead Gardens Homeowners
QuantitY of t^later jn Acre Feet 9.82
Appl.lcant. hereby applies to the west Divide l^later conservancy District. a political subdivision of t'he state
of cororado, organized pursuant to and existing by virtue of c.R.s. 1973, s37-45-101' et seo , (hereinafter referred to as
the ,,District,,) for an al.lotment contract/lease to beneficrally and perpetually use water or water rights owned' leased' or
hereafter acquired by the District. By execution of thrs contract/lease and the attached appiication' Applicant hereby agrees
to the followinq terms and conditions:
t. ttater Ricrhts: Applicant shall own water flghts at the point of diversion herein lawfully entitling
Applicant ro divert water, which wrl.l be supprerented and augmented by water reased herein. if Appiicant intends to divert
through a wel]. it must be understood by Applicant that no rlght to divert exists untir a varid "rell
permit is obtained from
lhe Colorado Division of l'later Resources'
z. .uantjty: later applied for by the Applicant in the anpunt set forth above shall be diverted at
Applicant.s point of djversion from the District's direct flow warer rights' and',tten water 'is unavailable for diversion
pursuant to administration by the colorado state Engineer during perrods when said direct flow water right is not in priority'
the District shar.l rerease for the use of Applicant up to said quantity in acre feet per year of storage water owned or
controlled by the oistrict. It is understood that any quantity allotted from direct flow. storage or otherwise' to the
Appricant by [he District wiil be limited by the prrority of the District's decrees and by the physical and legai availability
ofwaterfromDjstrlct,ssources. AnyquantityallottedwillonlybeprovidedsolongaswaterisavailableandtheApplicant
fully compiies with a, of the terms and cond.itions of this contract/rease. The District and the Applicant recognize that
sorne of Ehe District.s decrees may be 1n the narne of the colorado River l'laten conservation District' and the abllity of the
Distrrct to allot direct frow right to the Applicant may be dependent on the consent of the cororado River water conservation
District. If at any tjnre the Applicant determines it requires ress water than the anpunt herein provided' Applicant may so
notify the District in wr.iting. and the an,unt 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. Beneficjal tlse and Location of Beneficial rjse: Any and a'll water allottedAppiicant by the District
shall be used for the foliowing benefic.iar use or uses: municipa'r, doqrestic and related uses' or connercial (except to the
extent Lhat Ruedi Reservoin water may not be avairable for connercial as that term is defined on Page 5 of cont.act No' 2-07-
70-u10547 beLraeen the united states and the Hest Divide Hater conservancy District)' Applicant's beneficial use of any and
all water allotted shall be within or through facjlities or upon land owned, leased' operated' or under Applicant's contnol'
4. Decrees and Del.ivery: Exchange releases made by the Djstrict out' of storage from Ruedi Reservoir
and Green
'rountain
Reservoir, or other uorks or facirities of the Dist.ict, or from other sources available to the 0istrict'
shall be derivered to the Applicant at *e outret urorks of said storage facirities or at the decreed point of diversion for
said other sources, and release or delivery of water at such outlet or points shail constitute performance of the District's
totar obrigation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shalr be subiect t'o
the 0istrict.s lease con[racts w.th [he united sLates.Bureau of Reclamation. Releases from other faci]ittes available [o
I
District shall be subject to the conr-.cts, laws. rules, and reguiations governin'^eleases therefrom Furtherfllre' the
Distri.ct hereby expressry reserves t, ,ght to store water and to make exchange rt .es from structures bhat may be built
or controlled by the Distrjct in the future, so 1on9 as the water servlce to the Applicant pursuant to this agreernent' js
not impaired by sard action. Any quantity of the Applicant's alrocation not delivered Lo or used by Applicant by the end
of each water year (October I). shall revert to the water supplies of the Distrjct. Such reversion shall not entitle
Applicant to any refund of payment made for such water-
Hater service provided by the District shall be limited to the anpunt 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
Lhe Distrjct.s decrees. may calr on any gr^eater armunt at new or aiternate points of diversion The Districl shall request
the colorado Division of llater Resources to estimate any conveyance losses betr^een the original point and any alternate point'
and such estimate shall be deducted from this arpunt in each case'
5. Alternate point of Diversion and plan of Auqmntation: Decrees for alternate points of diversion
of the District,s water rights or storage water may be required in order for Applicant to use the water service conterplated
hereunder. 0btaining such decree is the excius.ive nesponsibility of Applicant. The District reserves the right to review
and approve any conditions,,*rich nny be attached to judicial approval of said alternate point of diversion as conterplated
or necessary to serve Applicant,s faciiities or lands. Appticant acknowledges and agrees that it shall be solely .esponsible
for the procedures and legal engireering costs necessary for any changes in water rights contemplated hereln' and further
agrees to indernnify the District from any costs or losses related thereto. Applicant is solely responsible for providing
hDrks 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 arnount of water actuaily transferred to the Applicant's polnt cf
diversion. the Appricant sha, make annual payrcnts to the 0istrict based upon the amunt of water allotted under this
contract/ I ease .
In the event the Applicant intends to appiy for an alternate point of diversion and to develop an
augmentation plan and institute 1ega1 proceedings for the approval of such ar,9rpntation plan to ajlow the Applicant to uti lize
the water aliotted to Applicant hereunder, the Applicant shall give the District written notice of such intent' in the event
the Applicant develops and adiud.icates its own augrentation plan to utilize the water allotted hereunder' Applicant shall
not be obligated to pay any anpunt under Paragraph 19 below. In any event' the District shall have the right to approve or
disapprove the Applicant,s augrnentation plan and the Applicant shall provide the District copies of such plan and of all
pleadingsandotherpapersfi.ledw'iththewatercourtintheadjudicationthereof.
6. contract/lease pavment: Non-refundable, one tine adninistrative charge, in the anpunt determined
by the Board of Directors of the Distr.ict from tirB to tirB, shall be suunitted with the apptication for consideration by
the District.
Annual payrnent for the water service described herein shail be determined by the Board of Directors of the
District. The initial annual paymnt shall be made in full, within thirty (30) days after the dat'e of notice to the Applicant
that the rnitjal payment is due. Said notice will advise the Applicant, among other things, of the wat'er delivery yean to
whichtheinitialpayrrPntshallapplyandthepricewhichisappiicabletoLhatyear.
Annual paynents fon each year thereafter^ shall be due and payable by the Applicant on or before each
January 1. If an annua.l paynpnt is not made by the due date a flat $50 late fee will be assessed Final written notice prior
to cancel.lation will be sent certif.ied mail, return neceipt r^equested, to the Applicant at such address as may be designated
by the Applicant .in writing or set forth in this conlract/lease or application. water use for any part of a !'/ater year shall
r^equire payment for the entire waten year. Nothing herein shall be construed so as Lo prevent the District from adiusting
the annual rate in its sole discretion for future years only'
if payrent is not nnde within fifteen (15) days after Lhe date of said written no[ice' Applicant shall at
District,s sole option have no further r-ight, title o. interest under this contract/lease without further notice and delivery
)
:nj :,
may be innediately curtailed. The allorrrpnt of water, as herein made, may be transferred. leased. or otherr'vise disposed of
at the,discretion of the Board of Di lrs of the District'
upon canceliation of this water allotnBnt contract/lease with the D'istrict' Lhe Dtstrtct shall notify the
Divisron ofHater Resources offjces in Denver and Glenlrood springs. The Diviston of l.later Resources rny then order cessation
of ail water use.
I Additional Fees and Costs: Applicant agrees to defray any expenses jncurred by the District in
connection with the allotnBnt ofwater rights hereunder, lncluding. but not limited to. retmburserpnt of legal and engineering
costs incurred rn connectjon with any water rights and adjudication necessary to ailow Aoplicant's use of such allot'ted water
ri gnts.
g. AssiqnrEnt: This contract/lease shall inure to the benefit of the heirs. successors or ass'igns of
the part.ies hereto. Any assignrBnt of the Rpplicant's rights under lhis contract/lease shall be subject to' and must cottply
,flth. such r.equ.irenents as the District nay hereafter adopt regarding assigrurent of contract/1ease rtghts and the assuoption
of con[raci/lease ob]igations Dy assrgnees and successons. Nothing hereln shall prevent successors to a portion of
Aopljcant,s property from applyrng to the Distrrct for jnd'ivrdual and separate allotrent contracts/leases' No assignrpnt
sha.ll be r.ecognized by the District except upon conpletion and filing of proper forms for chanqe of ounership'
upon the sale of the real property to ufrich thjs contract/lease pertains, Applicant has a duty to make buyer
aware of this contract/lease and proper forms for change of ownership must be conpleted'
g. other Rules: Appiicant shall be bound by the provisions of the uater conservancy Act of colorado:
by the rules and regulations of the Board of 0irectors of the Distrrct: and all arpndrpnts thereof and supplements therelo
and by alI other aPPlicable )aw-
10. ooeration and Maintenance Aqre€flent: Appi'icant shall enter into an'0peration and Maintenance
Agreenent- ufith the D.istrict under terms and conditjons determined by the board of Directors of the District' if and t"fien'
the Board of said District determtnes in its sole discretion that such an agreeflEnt is nequired. said agreenent may contain'
but shall not be limited to, pncvisions for additional annual nnnetary consideration for exlension of District delivery
services and for additional adnin.rstration. operation. and nraintenance costs; or for other costs io the District which irny
arise rhrot4h servtces made available to the Applicant'
11. chanqe of tjse: The District neserves the exclusive right to neview, reaDprove or disapprove any
proposed change rn use of Ehe water a.llotted hereunder. Any use other than that set forth hereln or any lease or saie of
ihe water or water r.ights allotted hereunder without the priollritten approval'of th: listrrct shall be deemd to be a
macerial breach of ihts contractllease. :
lZ. Use and p,lace of Use: ADpljcant agrees to use the wacer in Lhe mannen ano on the proDenty descriixd
in the docuencs suornitted to the Distrtct at the tinB this contract/lease is executed, or in any ooeratlon and nnintenance
agreefiEnt provided by ADpl.icant. Any use other than as set forth thereon or any lease or sale of;he water oillater nignts
herein, other than as permitted in paragrapn 8 above. shall be deered lo be a material breach of:his agreerent'
13. Tjtle: It is understood and agreed that nothing hereln shall be interpreted to give the Applicant'
any eouitable or legal fee title jnterest in or lo any water o|nater nights referred to neretn
14. Conservation:. Appl icant shal l use ccnnnnl,v accepted conservation pracilces 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 Distrjct owned or controlled'rater or water rights'
15. Restrrctions: ApplicanL shail r-estrjct actual diversions to not 2xceed the contract/Lease afiDunt'
,.nich provides,^Eter (on the fonnrla of one acre foot per di,elling) for ordinary household Durposes inside one single family
1
dwelling. the waterlng of donestic I
,
garden:
itock. fjre protection, and [he irrigatior 'up to 6'000 square feet of lawn and
Applicant shall also complv with a1l restrjctions and limitatlons set forth in the h'el1 permit obtained from
l.he Colorado 0ivision of Hater Resources'
watering of livestock shall be r.estricted to Applicant's dornestic animals not to be used for conrnercial
purposesunlessApplicantobtainsapproval fromthecoloradoDivisionofHaterResourcesforconnErc'ial use/livestockwatering
at a horse boarding fac11ity. provided that in no event shall actual diversions exceed the amount of waLer provided by this
Contract/Lease.
Vjolat.ion of this paragraph 15 shall be deened to be a mater"iai breach of th'is Contract/Lease'
16. Hell permit: If Applicant jntends [o divert through a well. then Appiicant must provide to District
a copy of Applicant s valid,nell permit befor^e Oistrrct is obllgated to deliver any water hereunder'
1-t Measurino Device olxelgr:- Appiicant agrees [o provide. at its olln expense' a totalizing f]owneter
with rernote readout to continuously and accurately measure at all tinres all water diverted pursuant to the terms oT
Applicant,s water rrght and the terms of thls contract/lease. Applicant agrees to provide accurate readings from such device
or meter to District uoon Distrjct's request. Applicant acknowledges that farlure to conply with this paragraph could resulL
in legai action to tenminate Appl.icant's diversion of water by the State of colorado Division of uater Resources' By signing
this contract, Applicant hereby speclfically aliows District, Lhrough its authorized agent. to enter upon appijcant's property
during ordinary business hours for the purposes of determining applicant's actual use of water'
Ig. Representations: By executing this contract/lease, Applicant agrees that it is not nelying on any
legal or engineering advice that Appl.icant nray believe has been received fr^om the District. Appiicant further acknowledges
that it has obtarned all necessary legal and engineering advice from Applicant's own sources other than the District'
nppticant further acknowledges that the District makes no guarantees. wanranties, on assurances whatsoever about the quantity
or quality of water available pursuant to this contract/lease. Should the Djstrict be unable to provide the water contracted
for herein, no damages may be assessed against the District, nor may Applicant obtaln a reiund from the Distt'ict'
Ig. costs of uater court Filinq and Auqrnentat'ion Plan: Should the District. in its own discretion'
choose to include Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of
augmentation, then Applicant hereby agrees to pay Lo the District, when assessed, an additional fee nepresenting the
District.s actual and reasonabje costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro-
nata share of the total cost incurred by bhe Distr.ict in preparing, filing and pursuing to decree the water court case The
pro-rata share shall be calculated by d.ividing such total cost by the number" of contractees/lessees included in the filing
To the extent that the District is caused additional costs because of ob3ection filed specifically due to the inclusion of
Applicant.s cOntract/lease in the filing, such additional costs rnay be charged specifically to Appljcant and not shared on
a pro-rata basis by all contractees/lessees'
Zo. Bindjno Aqreernent: Th.is agreerent shall not be conplete nor binding upon the District unless
attached hereto is the form entitled'Appiication and Data Form Eo Lease l'Jater From ldest Djvide Hater conservancy District"
fully completed by Appllcant and approved by the Dislrict's englneer. said attachnrents shall by this r"eference thereto be
lncorporated into the terms of th.ls agreement. Ali correspondence from the District to Applicant referring to or relating
to th.is agreement is by this neference incorporated into this agreernent as further terms and condltions of this agreemenL'
2I. HATNiNq: IT IS THE SOLE RESPONSIBILITY OF THE APPLiCANT TO OBTAIN A VALID IIELL PERiltT OR OTHER I'IATER
RIGI{T IN ORDER TO DIVERT HATER, iNCLUDING THE HATER ACQUIREO UNDER THIS CONTRACT/LEASE' IT iS THE CONTINUING DUTY OF THE
APPLICANT TO MAINTAIN THE VALIDITY OF THE l.lELL PERMIT OR HATER RIGHT INCLUOING FILING FOR EXTENSIONS OF PERfliTS' FILING HELL
COMPLETION REPORTS. FILING STATEHENTS OF BENEFICIAL USE, OR OTHERHISE LAHFULLY APPLYING THE HATER TO BENEFICIAL USE ON A
REGULAR BASIS I,JITHOUT I,IASTE.
4
)2 A8EA_-B__!QI-^.C15/IEAIES: IF APPLICANT'S HELL 0R 0THER \'^'qR RIGHT TIIAT IS rHE SUBJECT 0F THIS
CONTRACT/LEASE IS LOCATED OUTSIDE .Ah ." AS DESIGNATED BY THE DISTRICT, THEN THIS I IRAPH APPLIES: THE AIfiENTATION HATER
PROVIDED BY THE DIS]RICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S I'JATER RIGHT FROH A CALL ON THE COLORADO RIVER A}'ID
MAY NOT PROTECT APPLICANT FROH A CALL FROil ANY OTHER SENIOR RIGHT' NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT'
IF THIS IS A CONCERN TO APPI-ICANT, THIS CONTRACT/LEASE MAY BE RESCINDED UPON }IRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE
APPLICANT HITHiN IHE NEXT 30 IIAYS FOLLOUING THE AFFIXING OF SIGNATURES ON TH]S CONTRACT/LIASE IN HHICH EVENT ALL SUI'IS PAID
BY APPLiCANT FOR THIS CONTRACTiLEASE SHALL BE IHI'IEDIATELY REFUNDEO TO APPLICANT'
Aop I i cant App I i cant
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrwent was acknowiedged before me on this
l/'
/4L ouv ot /ltru,q
v/tD
rlitness my hand and officiai seal
My conmission exPires 6 /?g
ry Publ ic
ORDER
After a hearing by the Board of Directors of the Hest Divide water conservancy District on Lhe application
it is hereby oRDERED that said application be granted and this contract/lease shall be and is accepted by the District'
I,IEST DIVIDE OI
Presi dent
AT]EST
/--- ('/3
t//SecretarY Date
This conLract/lease lncludes and rs subject to the terms and conditions of the followlng docurents whtch must
accornpany this contnact/lease:
I. Map showing locatjon of point of divension (use map provided)
2. Application and Data Form fully conrpleted and signed
)
)
ifun"/.1+ , by
By
J
(
Table I
GILEAD GARDENS SUBDIVISION 9 Lots, 5 ADU's
Estlmated Water Requlrements
21-Feb-{13
Water Use ln
of Residences
persons/residence
gallons/Person/daY
Consumed
Lawn lrrigation
EfficiencY
Crop lrrig reqmnt (ClR)
14.O
3.5 caP/unit
100 gpcd
15o/o
1000 sq'fUlot
70o/o
2.17 ft
of Units
persons/unit
gallons/person/daY
Consumed
lrrigation
EfficiencY
Irrig reqmnt (ClR)
Water
o.0
0.0
100 gpcd
150h
0 sq-fUunit
70%
2.17 ft
1 acres
2.74 ft
18 units
15 gpud
0 acres
7Oo/o
217 ft
Pond Surtaca
Net Evaporation
Livestock
Livestock ConsumPtion
lnigated OPen SPace
EfficiencY
Crop lrrlg reqmnt (ClR)
Use celculatlons
Ur.
JanuarY
February
March
Aprll
May
June
July
August
Septemb€r
Oatober
November
December
0.47
o.42
o.47
0.45
0.47
0.45
o.47
0.47
0.45
0.47
0.45
0.47
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
o.o2
0,13
0.16
0.15
0.11
0.09
0.00
0.00
0.00
0.03
0.06
oj2
0.25
0.34
0.47
0.48
0.43
o.2e
0.16
0.07
0.03
0.03
o.o2
0.03
o.02
0.03
o.o2
0.03
0.03
0.02
0.03
0.02
0.03
0.52
0.51
0.61
0.74
0.96
1.10
1.12
1.03
0,84
0.65
0.55
0.52
3.8
4.1
4.5
5.6
7.0
8.3
8.2
7.5
6.3
4.8
4.1
3.8
0,07
0.06
0.07
0.07
0.07
0.07
o.o7
o.o7
o.07
0.07
0.07
0.07
0.00
0.00
0.00
0.00
0.@
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.o0
0.00
0.01
0.09
0.11
0.10
0.07
0.06
0.00
000
0.00
0,03
0.06
o.12
0,25
0.34
0.47
0.48
0.43
0.28
0.16
0.07
0.03
0.03
o.o2
0.03
o.o2
0.03
0.02
0.03
0.03
0.02
0.03
0.02
0.03
0.13
0.15
0.22
0.36
0.53
0.67
0.68
0.60
0,43
o.26
0.17
0.12
(0)
Doffitlc
ln.houre
(ac-fl)
(0)
Cffirclel
ln+tours
(ac-ft)
(r0)
Dom\Comm
lrrlgatlon
(ac-ft)
(11)
Pond
Evap.
(acJt)
(121
Llvo-
!locl
(ecJt)
(13)
TotEl
(Ec-ft)
(14)
AveBgE
Flow
(sPm)
0.9
1.2
1.6
2.7
3.8
5.1
5.0
4,4
3.3
1.9
1.2
0.9
2.66
2.74 0.30 9.17 5.87 0.82 0.00 0.45 2.74 0.30 4.31
Annual 5.49 0.00 0.64
OlhGr Doirtndr
Domttlc D6inrnds
(r)
Oom..tlc
lnjtou.e
(GcJt)
l2l
Como.cl.l
ln-houre
(rc.ft)
(3)
D@\Coffi
lirlg!llon
(aeft)
(1)
Pond
EvrP'
(6c-ft)
(r)
LlYr.
ct@k
(7)(s)
AgoEga
FlowTotal
Gpm)(rc-ft)(!c.ft)Month
Note: Pond will be supplied with existing irrigation ditch water'
BOUNDARIES UNLIMITED
923 COOPEB AVENUE, SUITE 102
GLENWOOD SPRINGS, CO 81601
970-94*4022
PAY TO THE
13 56
rNc.BANK OF COLORADO
WESIERN SLOPE
P,O, BOX 520 - gTH ANO GRAND
GLEWOOD SPBINGS, CO 81602 (970) 94s-7422
a2-26M
102)
312012003
$**880.00
Colorado Division of Water ResourcesORDER OF
*t*+****** +r***++ ***:t *** *:t)i****rt** ** * ****** ***** *:*++* +***+* ****:t+**:i**!* + * + ** ** * * * DOLLARSIl,ipht F.iohl-u and tl0/l
FOB
BOUNDARIES UNLIMITED INC.
Colorado Division of \Vater Resources
Colorado Division of Water Resources
I 3 I 3 Shemra:r Street, Room 81 8
Denver, CO 80203
Gilead Gardens - Well Permit Application
il'OO I I 5Eil' !: IC ? IO egLLt: 2B lO0l-' ? lB ?rr'
JHrSpocu(fNrC9NT4lUSAQOloEEo!AgkGBOUr{D-O-N-U',Hrr€-P-APEF UICEOpBtL{rlSLOCAIIOBE!OVrrBl9WABN|N_GBA-!O
I
3t2012003
135 6
880.00
880,00Bantri ofColorado Gilead Gardens - WelI Pennit Application
Tamara Pre
From:
Sent:
To:
Subject:
Bruce D. Lewis [bdlewis@quixnet.net]
Friday, August 01, 2003 8:19 AM
Tamara Pregl
Gilead Gardens Ponds
Tamara
I learned that the state Minerals & Geology office has new rules as of last March. Any pond excavations on private lands
require a permit (agricultural ponds less than 10 acres are exempt) from their oflce. I will be receiving and application in
the mail to complete. Also they will require a rectamation plan along with a bond or collateral to assure cleanup and re-
vegetation. I will keep you posted will copies & etc.
I will be out of town next week but will be accessible by my cell phone and email if you have any questions'
Thanks, Bruce
1
To:
Date:
Project:
Re:
Garfield County Building & Planning Dept'
Attn. Tamara Pregl
Wednesday, June 18, 2003
Gilead Gardens Subdivision
Engineering Department Review of the Subdivision Preliminary Plan application dated
March 13,2002
Tamara,
I have reviewed the above-mentioned application submittal in accordance with section 4:00, 9:00 of the
SuUdivlslon Regulations. I have the following comments and recommendations'
1. General review comments
1.1. permits: it is the applicant's responsibility to obtain all applicable permits for the project including but not limited to' CDOH' Garfield
CountY Road & Bridge Permits.
1.2. Drawinqs: see enclosed drawings for review @mments. Please forward the plans to the applicants Engineer'
1 .2.1. Add a Eisting conditions Map shorring the property as it cunently. exists and all etsting easements, eisting property lines'
eisting right of ways, existing land "*'li;, ..,i;. ;;lj snouro show the ef sting information for the adjacent land owners within
200 feet aiso. Make this map is separate from the preliminary plat'
1.2.2. Onthe deed between Donald k Goldman and Milton wanen McPherson submitted in the applicant's book it makes muhiple
references to inigation ditches and po*"irin"
""iurents.
Show all of these ditches and easements on the eisting condition
maP. Label them accordinglY'
1.2.3. Add a Site Grading and Drainage plan sheet to the plan set. The sheet shall be at the same scale as the utility plan sheet' All
inigation and drain-age, efstingind proposed shall be addressed on this sheet also.
2. Fire Protection system:
2.1. please proMde a letter for the Buming Mountain Fire Protection Districl stating their review mmments and concems'
2.2. I remmmend incorporating the potable water system into the central fire proteclion system with pressurized hydrants'
2,3. lnstall an emergency egress ladder system in the membraneJined ponds and detail the egress apparatus on the plans'
3. Central Potable water sYstem:
3.1. lt appears the system is in adequate for quantity and qualityof water supply due to the system you have proposed has dead ends'
Submit water model results showing pr"*rr*lqranti-tio of *ut"r ana'qultity of water it tne proposeo seMce line locations' The
model results need to address the chlorine residual also'
g.2. ln table 1 of the GILEAD GARDENS suBDlvlsloN Estimated water Requirements, you have estimated percent consumed at 15%'
Change this to ZOy"is recommended by the American Ground Water Trust Standards.
lfyouhaveanyquestionsorconcems,pleasedonothesitatetocall
Sincerely,l-U:T
Jeff T Nelson
Assistant CountY Engineer
C RandYWithee, CountY Engineer
Jtr
Page 1 ot 1
144 EastThird Street, Rifle Co,625-6172 ext' 4002
Www.qarfield-countv.com, inelson@oarfield-countv comC:\Projectstsilead gardensveview{1.doc
o
I o
Tamara
From: Jake Mall
Sent: Monday, June 02, 2003 4:23 PM
To: Tamara Pregl
Subject: RE: Gilead Gardens
Tamara: I have no more comments on Gilead Gardens than those I submitted before. Jake
Bt167/2AE,3 E2:36 5258627 ROAD AND BRIDGE
i
GARFIETD COT.INTY
Bdl&ry e fbafiagDc@n mt
Rct/icfl AgarcY Form
Due Sent: nfr0lVz
Comocntr Due: 0l/17CI3
jql'i il ? iu03
GARFIELD OOUNTY
zuu-otNo & PLAI${|NG
Name of application:Glerd Gudens Subdivirion
S€flt to:Corntv R,oed rnd Dmt^
Crarfield Coutry rEqucst8 your commcillt in rwiew of thie proiect Ptease noti{-ttn^
Pla4ning Deprrtment in rhe went yql tfe unable to rcspoid q I," deadlinc' This form
miy Ue-ur"a'for your rcsponse, or yotl mry slttch your own additional sllctts ss
iuror.w wrincn oommen1' msy 5u mailed, emeiled' or faxed to:
Garfield Coufry Building & Phnnirg
Sra.ff contrct; Tamara hegl
lO9 Bt Streci, Suite 301
Glcnwood Spnng*, CO 81601
For:97G3E+147O
Phorre: 970-945'8212
Gencral commorts:GiarfiGtd Coutr',
wittr th" foUowing to itcruoving otthe-drtvcunyr Aom
the location prwrouslv subr4i$S.
ncr Ure rppro-"at oithe $rydivi*ion Uy pteni?8 r':d
Zooiog' Ttr. dri"e'*"y P"mits witl hr'"c r$m;nditiongtlr' will be sPcoifid in the
psm$l.
$tEnswill bc ir$dred * *r sq*qps,tcccssitr+ G"'fild Cou.t, t d l3S at'd
rnaintai-ned by the homeouaerg assdci8ion'
ato'r C[' 331artd fetrce mo*dbd to
Prior to conpletion of tne
nrMivision.
onc dfivew8y ar 1577 cr. 335 ud onc driwwe!, rt llTl cr. 335 will be ebetdoncd whtn
nsw drivss'.iF arcP'ut in s€rllisg'
rhc ditsh slo,r' rhe;ffi;il;t-cr. 1,?5 wilr.lqpipd i! rlvqt pipe.:The in*dlsdon
il Ot ei'iacq *{ !to* oqdto's eteeffG'
trere artt"ro uuiui ago zqnioq will*e r
iffiis i.$r" es it lppriprto their griddi;s. Ar thir tin" Ro.d d BddEG
docc not have a problem wth the buildings' , , r ,
Co,orr,r.rioo *ork rcrre s,ign"gc wi[Jt DitI o-o Ct-335 dtui,t8 dri*evly-Fo"qt.]trc1m'
siFrsge wilt bc po n thetttnuet oo unifom ttrlfic
Dcviccs
Namc of revicwtgcllcy;R.ond Bridac
01107/03 -.
Rcvtued 3R0,00
MEMORANDUM
To:
From:
Re:
Date:
Tamara Pregl
Steve Anthony
Gilead Gardens PreliminarY Plan
June 20, 2003
Thanks for the opportunity to comment on the Gilead Gardens Preliminary Plan' The Weed Management
Plan, while providing some useful information, is too generic and looks like it has been "cut and pasted"
from other applications. Because ofthat, ,orrr"
".ronJous
information surfaces. Specifically the section
on leafy spurge appears to be "imported" from a project called "The Two Mile Ranch"' The applicant
indicates ;" ;g" 8 that "approximately one-acre of pasture has been infected with Leafy spurge"'
On the p.ouia"a map, the applicant iniicates that there is a"leafy spurge plant"' So is it one acre or one
plant? bn page tO, ?ne uppii.unt recommends biological control for leafy spurge on "the Two-Mile
Ranch".
I have summarizedmy comments below:
1. Noxious Weeds
A.
B.
C.
Inventory and mapping-The applicant has mapped and inventoried the property.
Clarif,rcation on ttie teaty spurge issue would be appreciated. I would like to meet the
applicant or a representati.re oi-srte to look at the spurge. Since it is rare in the County it
is important to manage new infestations as soon as we can'
Weed Management-The applicant has provided a weed management plan for the
inventoried noxious weedi. The Plan provides a template for what may happen
regarding weed management. The appiicant will be expected to comply with the
Colorado State Noxious Weed Act ani the Garheld County Weed Management Plan
and manage Scotch thistle, common burdock, Russian knapweed' Russian olive' oxeye
daisy, anJleafy spurge. I recommend as a condition of approval that the weed
man'agement ,fioutA occur before lots are offered for sale and should be the responsibility
ofthe applicant.
Covenants-Weed management for the Association and each individual lot owner is
addressed in the covena;ts. It is requested that the applicant add language under Article
II-B that addresses weed managern"nt o, all roads and easements within the subdivision'
2. Revegetation
The revised Revegetation Guidelines from the Garfield County Weed Management Plan (adopted
on May 7,2001) calls for the following:
A. Plant material list.
B. Planting schedule.
C. e *up
-of
Ur" areas impacted by soil disturbances (outside of the building envelopes)
D. A revegetation bond oi security at Preliminary Plan and prior to Final Plat'
The applicant has provided the plant material list and planting schedule' Please provide a map
or infoimatior,, piio. to final plut, ,nhi"h quantifies the area, in terms of acres, to be
disturbed and subsequently reseeded on road cut and utility disturbances. This information
will help determine tLe amount of security that will held for revegetation.
The security shall be held by Garfield County until vegetation has been successfully reestablished
according tL the attached Riclamation Standards. The Board of County Commissioners will
designatJ a member of their staff to evaluate the reclamation prior to the release of the security'
3. Soil Plan
The Revegetation Guidelines also request that the applicant provide a Soil Management Plan that
includes:
Provisions for salvaging on-site topsoil.
A timetable for eliminating topsoil and/or aggregate piles'
A plan that provides for so-il cover if any disturbances or stockpiles will sit exposed for a
period of 90 days or more.
Please feel free to contact me at 625-8601
COLOBADO GEOLOGICAL SURVEY
Deportment of Noturol Resources
131J Shermon Street, Room 715
Denver, Colorodo 80203
rnone (303) 866-261 1
FAX (Jo3) 866-2461
STATE OF CO
Legal Location: W Y2,57,T65, R91W
CGS Case No.: GA-03-0012
RECEIVED
JUN 2 ? 2003
,ffi'*.i'*?8ff'liill'
June 23, 2003
Ms. Tamara Pregl
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re:Gilead Gardens, Garfield County, Colorado
Dear Ms. Pregl:
ln response to your request and in accordance with Senate Bill 35 (1972),1 visited this property to
review the plat. A Preliminary Geotechnical Study (12-29-00), prepared by Hepworth-Pawlak
Geotechnical, lnc.; a Drainage Plan (3-12-03), and a Preliminary Plat (4-14-03), prepared by
Boundaries Unlimited, lnc.; were included in the referral.
The proposed nine-lot residential subdivision is located on approximately thirty-five acres of
pastureland. The referral indicates that the subdivision will use a central water well and ISDS on each
lot.
The following conditions were described in the referral and observed during the site visit:
1) Slopes. The 10' construction setback, at the crest of the river terrace, recommended in the HP Geotech
report should be qualified. What is the basis for the 10' setback? Does this setback account for the
increased soil moisture due to the proposed ponds on lots 8 and 9?
2l Drainage. HP Geotech identifies the location of the subject property on a relatively young alluvial fan.
These features are typically composed of fine-grained soils that are poorly cemented and tend to erode
quickly during large storm events. The recommendations of HP Geotech and Boundaries Unlimited to
construct berms on the upstream side of the proposed lots should be included in the site grading plans.
Diversion berms on each of the lots would help to minimize damage in the event a debris flow or flash
flood crosses the site.
Soils. I agree with HP Geotech's recommendations regarding mitigation of the concerns with swelling
and compressible soils on this site. Given that the soils on this site are moisture sensitive, the locations
of the proposed ponds, in lots 8 and 9, should be sited with consideration to how the increased soil
moisture will affect the pedormance of the nearbyfoundations.
ln summary, I suggest considering the above comments during the plat approval process. Although
most of the geologic constraints on this property can be handled with typical engineering practices,
issues like construction setbacks and locating pond features are better handled early in the planning
process. Please feel free to contact me at (303) 866-2611 if you have any questions or concerns.
DEPARTMENTOF
NATURAL
RESOURCES
Bill 0wens
Governor
Greg E, Wolcher
Executive Director
Ron Cottony
Division Director
Ron Cottony
Acting Stote Geoloqist
ond Director
3)
Sincerely,
Geologist
ney
WednesdaY, June 25, 2003 11:45 AM
STATEOFCOLORADO
Bill Oupns, Govemor
DEPARTI'ETIT OF ilATURAL RESOURCES
DtvlsloN oF wILDLIFE
AN EOUAL OFPCFTUHTTY EITIPIOYER
Russell George. Dl€ctsr
6060 Broad'ray
Denwr, frftrado E@16
TeEprtone: (303) 297-1192
Area 7
711 lndependentAve.
Grand Junct'ton, CO 81505
(e70) 28$7793
Mr. Greg Butler
StaffPlanner
GarfieK CountY Plennhg DePartment
109 8th SEeet, Suite 303
Glenwood Springs, CO 81601
RE: GILEAD GARDENS
Brett A. Ackerman (970) 625-2876
ForWldlifz'
For PcoPlc
August 1,2001
Dear lvlr. Butler:
I have had the opportunity to review the matcrials associated with this project as provided in the referral
packet. In addition, I have rret with other colorado Divisbn of wildlife personnel concerning this issue'
The proposed site is predominantly lowhnd with negligible native-vegetation' It is cunently in
G"irri,ira r*i, o6;;;de, h"bft"r for various *iidrtr" species. It is in close proximity to the colorado
Rivsr, which supports scvcralwildlife species The proposed developnrnt site is currently utilized by
mammals and snakes, as well as soflre bird species'
The site currently contains elk and deer winter range, and is utilized by Canada Bffi-:- In addition' it is in
close proximity to wflJturkey habitat, and likely tippotts low to moderate turkey utiliation The site
also contains a section ofthe-Colorado River lorown to support a rnrmber of native fistr qPecies' ioL'd-'g
mour$ain whitefish, ,p""fO*a dace, roundtail chub, rnottled'sculpin' flanreknouth sucker and bluehead
sucker.
The planresponsibly ad&esses sewage containrnent in the proposed developrnent. &ry leaching fiom
proposed sewage systens should be monitored and contained
An increase in domestic anirxals is likely tO acoonpany this developmerf. Donpstfo petg especially cats'
cao be very detrirrrcntal to waterfowl species. As the afea paltly contains canada goose brood
concentratiorr areas, ao*erti, pets shouH be closely moniiore4 and cats should be excluded from the
area in the protectivc coverants.
DEPARTMENT OF NATURAL RESOURCES, GTCg E. WAbTTETi EOAdiTO DIMC T
WI-DLFE COMUSSXfU, ni* Ensfiom'Chaio RobertShoemaker'Vir{heir'MarHrna Raftopoubs'Senetary
n ernOers.'Aemed BlEd( r Tom Bufie r PhIr Jarnes r Brad Phebs r O[ve VaIlez
Developnrcnt of thc proposcd area will restrict large rnrrmat utilization. Elk and deer will likely ahandon
the site- Any wild trukey utilization will likewise cease'
WednesdaY, June 25, 2003 11:45 AM
cc: Yamashit4 Toolen
Brett A. Ackerman (970) 625-2876 p.03
Ttre proposed area is periodically used by black bear, primarily for migration' However' in recent low
fomge years, bea,, fr"" U..n t to*n to iiequent lowland urban areas with accessible refuse storage
facilities. In order to minimize negative human-bear interactions, refuse storage frcilities should be
desigred to be bear-Proof-
Of special concern is ttre feeding of wild waterfowl Residents of tbe proposed suMivision shorrld be
educated regarding the detr,rm;td effects of fteding wild waterfowl. In additioru the development
should post and maintain imerpretive signs at any "Jrr-oo area-free,crrtcd by waterfowl educating the
p'blic about b,rood areas, andiequesting tf,at tftu public no! feed *iiaff"- Signage should also be posted
ed,cating the public about native fish species, parircularl, thos that a,e threatened or endangered'
In order to firrther enhmce ttr plan's benefits to wildlift, I would like to submit ttre following
suggestions:
o when creating a landscape plaru tree species that will provide ample babitat for rrcsting migratory
songbirds should be selected.
r Durirry build-out, noxious weeds should be monitored and rnarnged to prevent establishnent and
infestationin planned open spsce areas'
. open spaoe areas srrouia be prepared and seeded with native vegetation in order to nraximize their
valueto wildlife.
The Colorado Division ofWildlife would welconp the opportunity to provide rccessary infornmtion and
;.p""t " in planning and implernenting any of the above suggestions-
Ttlank you for the opportunity to comment on this funportaft land use issue in Garfield county' Please
feel free to contact me reguding this or any other wildlife concern.
Sincerely,
q3s. A &t\,\".-*-
Bret{A. Ackerman
District Wildlife }danager
Rifle South
yage I or z
Tamara P
From: Jeff Nelson
Sent: Thursday, July 03, 2003 1 1 :14 AM
To: Tamara Pregl
Cc: Mark Bean
Subiect: FW: Gilead gardens fire system review
Tamara,
r *inteO you to see this attachment so you know what has transpired with the burning mtn fire district. Ron
Oiggers (City Of Glenwood Fire Department) reviewed the Gilead gardens project at.mike watts request only to
rrivi rrisexpertise and comments ignored and the references to the nationalfire code by him ignored a.lso. This
is alarming in my opinion and deseires further action by the coulty on reviews-within the burning mtn fire
district. I believe at this time they do not have an officiaifire chief on staff. The fact that they do not have an.
official chief should not be ignoreo during the county review process. My concerns are that the citizens owning
the homes in this subdivision in the future will not be represented by the county review process properly and
their safety compromiied due to improper fire protection. As we know fire protection and home insurance has
become avery large issue in ruraliolorado this past year due to the dry seasons and many fires.
lf you have any questions or concerns, do not hesitate to call
Thanks
Jeff T Nelson
Assistant County Engineer
j nelso n@garfie I d-cou nty. com
Garfield County Engineering DePt
144 E Third St.
Rifle, Co.81650
lel: 970-625-6172
fax: 970-625-0908
----Original Message-----
From: Ron Biggers Imailto:rbiggers@ci.glenwood-springs.co.us]
Sent: Thursday, July 03, 2003 12:13 PM
To: Jeff Nelson
Subject: RE: Gilead gardens fire system review
Jeff,
Good to talk with you this morning. lt may not be a bad idea to have Lou come to one of the fire officials
meeting we are hiving with Mark-Bean, Andy Schwaller and Don DeFord and others as required. The
group hias been meeti-ng and discussing fire code adoption and consistency county wide.
Ron B.
----Original Message-----
From: Jeff Nelson [mailto:jnelson@garfield-county.com]
Sent: Thursday, JulY 03, 2003 8:34 AM
To: rbiggers@ci.glenwood-springs.co.us
Subject: Gilead gardens fire system review
Jeff T Nelson
Assistant County Engineer
jnel so n@garfield-cou nty.com
71312003
fa69/.vLL
Garfield County -, rgineering Dept.
144 E Third St.
Rifle, Co.81650
lel: 970-625-6172
fax: 970-625-0908
71312003
713103
Jeff,
Here is a copy of my review on Gilead Gardens, sub division in New Castle, CO-. In the
absence of a i ire Ctrief at Burning Mountain Fire Department, I was ask to review this
sub division application by Michael Watts, the building official for the town of New
Castle and a mimber of the Burning Mountains Fire Department Board of Directors. I
wrote it in a format so jhat their acting Chief or Michael could copy it on their stationary,
sign it and send it on to the Garfield County Planning Department.
Ronald L. Biggers
Fire Protection Analyst
Glenwood Springs Fire DePartment
June 19,2003
Garfield County Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Burning Mountains Fire Departments comments on Gilead Gardens, 1577 Cortnty Road
335, New Castle, CO, Subdivision application:
1. The proposed fire fighting water supply does not appear to be able to meet the
following requirements :
The water supply requirernent for firefighting for the subdivision is 1000
Gallons per Minute (GPM) at 20 psi residual pressure for two hour duration if
the homes are less than 3600 square feet of fire area. If consffucted homes are
greater then 3600 square feet of fire area then 1500 G.P.M. at20 psi residual
pressure for two hours duration is required. If domestic water is on the same
system as fire fighting water, it to needs to be added to fire flow
requirements. Uniform Fire Code, 2000 edition
If the developers fire flow water system can not be designed to meet the above
requirements the system needs to be designed to NFPA 1142 Standard on
Water Supplies for Suburban and Rural Fire Fighting,200l edition.
Number of fire hydrants needed 3. Two on Garden Lane, one Harvest Circle
Developer to contact fire department on preferred locations.
The developer to submit to the fire department two copies of the redesigned
fire flow water system plans, each bearing the stamp of a professional
engineer for our review and records.
We also recommend that the developer require that NFPA 13D SPRINKLER
SYSTEMS be installed in all homes built in the subdivision. By doing so the
required water needed for fire flow can be reduced by 50% to 75o/o. Attach to
subdivision plat notes.
2. Cul-de-sac road widths 20 feet unobstructed, overhead clearance 13 feet 6
inches,2000 UFC Article 9, Sect 9O2.2.2.L All weather driving surface 2000
UFC Article 9, Sect. 902.2.2.2. Turn around radius increased to 90 feet.
3. The developer to design and implement a wildland fire mitigation plan
appropriate for the fuel types in the subdivision. Use Colorado State Forest
defensible space guidelines. The plan is to be approved by the fire department
and attached to the subdivision plat notes.
If you need further comments or more information please contact me.
Sincerely,
6-29-03; 9:52^.I/;ToWn of NeW Cost le
Date:
To:
Frorn
June 25, 2003
Garfield County Planning Commission\
Burning Mountain Fire Protection District (BMFPD)
Gilead Oardens Preliminary PIan
;97098427 1
Re:
Attn Tamara Pregal
Afterrevicwing theproposed preliminary plan of Gilead Gardens Subdivision for f,re
ptotection, prepared by Bruce Lewis P.E. of Boundaries Unlimited, it has been found to
be sufficient with the following additions and./or rnodifications.
l) BMFPD should bc provided with two copies of the recorded final plat which
includes:
an easement along the fuII lengh of the dry hydrant system, from pond
to riser, allowing fire departnent access.
a plat note that specifies this system and access to it will be mainUined at
all tirnes by eithcr the current properfy owncr or an activc homcowners
association.
aplat note stating that the system will be oapable of providing at least
100,000 gallons of water at all tjmes.
a plat note which stipulates BMFPD has the right to use portions of that
100,000 gallons for fire suppression outside the bor.tnds of Gilead Gardcns.
a 70 foot diameter cul de sac dimension at the end of bothGarden Lane
and Harvest Court.
- A 20 foot driveway width for all lot accesses within this subdivision.
Z) Two copies of constnrction drawings shall be pmvided to BMFPD which shows:
- a csrtified Starc of Colorado Engineers starnp.
an accurate representation of the information provided in drawing C-2 of
the preliminary plafl for Gilead Gardens.
E-29-03; 9:52AM;ToWn of NeW csst le ;9709842718
- this dry hydrant 6eets the sPecifications set out in Section 9.3 of
N.F.P.A.1l42-
3) Upon completion of the dry hydrant system, a letter from the design engiueer
shall bc provided to the BMFPD stating thatthe system has been installed per
design aud is capable of providing the reptesented function(s).
4) No dwellings should be given Certificates of Occupancy rrrtil all the above
conditions have been satisfied, speclfioally the engineers letter.
Sincerely
Michael E. Watts
lnterim Plans Examiner
Burning Mountain Fire Protection Diskict
#2/2
;97098427 1 E f 1i 26-29-03; 9:52AI\4;Town of NeW Cast le
Date:
To
From
Re:
June 25, 2003
Garfield County Planning Commission\
Burning Mountain Fire Protection District (BMFPD)
Gilead Gardens Preliminary Plan
Attn:Tamara Pregal
Afterreviewing the proposed preliminary plan of Gilead Gardens Subdivision for fne
ptotection, preparcd by-Bruce Lewis P.E. of Boundaries Unlimited, it has been found to
be sufficient with the following additions andy'or modifications.
l) BIvIFPD should bc provided with two copies of the recorded final plat which
includes:
an easement along the fuII length of the dry hydrant system, from pond
to riser, allowing fire departnent access.
a plat note that specifies this system and access to it will be maintained at
all times by eithcr the currcnt property onmer or an activc homcowners
association.
- aplatnote stating that the system will be capable of pmviding at least
100,000 gallons of water at all times.
- aplat note which stipulates BMFPD has the rieht to use portions o{th{
tti0,000 gallons for fire zuppression outside the bounds of Gilead Gardcns.
- a 70 foot dianrster cul de sac dimension al the end of both Garden Lane
and Harvest Court.
- A 20 foot driveway width for all lot accesses within this suMivision.
2) Two copies of constnrction drawings shall be provided to BMFPD which shows:
- a certified Statc of Colorado Engineers stamp,
an accurate representation of the infonnation provided in drawing C-2 of
the preliminary plan for Gilead Gardens.
;97098427 1 6 #2/26-29-03; 9:52AM;ToWn of NeW csst le
Sinccrely
Michael E. Watts
Intedm Plans Examiner
Burning Mountain Fire Protection Diskict
- this dry hydrant meers the specifications set out in section 9'3 of
N.F.P.A. 1142.
3) Upon completion of the dry hydrant system, a letter fror-n the design engineer' shall bc provided to the BMFPD stating that the system has been installed per
design and is oapable of providing the reptesented function(s).
4) No drvellings should be given Certificates of Occupancy urrtil all the above
oonditions have been satisfied, specifioally the engineers letter.
il/*A/{ilhh
GARFIELD COUNTY
Building & Planning DePartment
Review AgencY Form
Date Sent: 12130102
Comments Due: 01/17103
Name of application: Gilead Gardens Plan
Sent to Town of Silt
Garfreld County requests your comment in review of this project. Please r]otit/ Mark
Bean in the event you are ut able to respond by 0lll7l03' This form may be used for
your response, or you may attach yor. b*, additional sheets as necessary' Written
comments may be mailed, e-mailed, or faxed to:
Garfietd County Building & Planning
Staff Contact: Tamara Pregl
109 8d'Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
E-mail : tpre el @earfi eld-cqunt)'. com
General comments: The Town of Silt Plaruring Commission reviewed this apPlication at
)
the field
ootential in the future ns toa nalitv.
for the tv to thisThank
esnectfullv hmitted
Janet G
Town of Sit
(970) 876-2353 ohone: (970)876-2937 fax:i anet@Iownofsil t.org
t
NEW CASTLE PLANNING STAFF MEMORANDUM
TO: TAN{AIL{ PREGL - GARFIELD COUNTY PLANNER
FROM: DAVIS FARRAR - NEW CASTLE PLANNER
SUBJECT:REFERRAL COMMENTS ON GILEAD GARDENS &COLORADO RWER
OAKS SI'BDTVISIONS
DATE: 21312003
CC: STEVE PJPPY
Thank you for refeiring these projects to the Town New Castle for review and eomrnent
pursuant to the intergovernirental agrelment with Garfield County. For purposes of efficiency,
ttris memorandtun will address both applications
Gilead Acres Subdivision is located on the westerly boundary of the New Casfle three-mile
planning area in the OSRR - Ope,n Space Rural Residential land use classification. OSRR
iAentifies residential densities of tne dwelling unit per I to 2 acres with open space areas and
limited agriculttu.e. The purpose of this designation is "to provide for home sites in a rural setting
where general agricultural practices will not be interfered with'"
The sketch plan shows two unlinked cul-de-sac streets with gravel driving surfaces. This
access configuration does not provide for dual access any event of an emorgency. Site
topograpty ,flo*. for an easy ctnnection between these two cul-de-sacs and would provide a
much better access arrangement.
The l0-lot subdivision with four aecessory dwelling units will generate approximately 140
vehicle trips per day. It would be advisable to require a hard surface roadway to minimize dust,
potholes and road maintenance.
The development should contribute a proportionate share of road impact fees for future
improveme.nts to County Road 335. lt is likely-that tra{fic heading east will 1t,1T: County Road
335 to the New Castle i-zo intercnange and traffio heading west will utilize the Silt interchange.
The tlyee-mile plan proposes, "The -ounty Road 335 bJtvveen the Riverbend Subdivision and
Garfield Creek oeeds to be widened for safer traffic flow, with widened right-of-way where
necessary.,' The County should consider allocating road impact fees for this purpose. The Silt
interchange is being considered for improvemerrti by the town. county development traffic
impacts ti ttre Sitt interchange should also be given funding consideration'
The appticants proposed to sreate a River Park area for those portions 9f the property
adjacent to itre Coloiado River and within the floodplain. The developer should
^be
comme'nded
foi-*is proposal. The LOVA tru! orgmization is working o,n a tail alignmef,! from Glenwood
Springs io iarachute, Colorado. this loup will be *otqg on acquiring/negotiating trail access
"*91ri*t qr rights-of-w.ay. ..It.rnay-b; *Lful-fo, ftp apFlican6 or the County to communicate
with ttris $oup about potential tail alignments.
Fire protection is proposed from a dry hydrant connection to an on-site pond. Calculations
have been made to account for ice accumulation on the pond to ensure adequate water supply
underneath the ice. The pond may be subject to rapid percolation rates depending on its depth. It
inny bB irEo6iiidry to sEat iIrE Diind ib 6n6ule that it holds water year-rourd.
Colorado River Oaks Subdivision is also located within the three-mile planning area for New
Castle in the OSRR land use classifi.cation. This smaller three-lot subdivision will generate
proportionately less traffic than the previously described subdivision. It is likely that most of the
vehicle ffips from Colorado River Oaks will go east to the New Castle interchange. The
applicants are proposing to pay a road impact fee. These funds should be allocated to roadway
improvements on County Road 335 and the New Castle interchange.
Access to this project is proposed off a shared driveway and a separate new driveway. Hard
surfacing or looping of these roadways is not necessary for a small project. The County and the
applicant should ensure that adequate sight distance exists for both access driveways.
The New Casfle does not have plans to extend water or server utilities west to these
properties or the general rea. On-site water systems are realistically the only available water
supply options for these projects. Wastewater fieatnent is proposed from individual septio
systems. The design and engineering of the systems should ensure that there is no adverse impact
to domestic water supplies or the Colorado River drainage.
The town appreciates the opportunity to review these projects within the three-mile planning
area. If the County has any questions or wishes to discuss any points in this memorandum, please
feel free to cortact me at yow conve,nience.
,)
GILEAD GARDE'VS
Special Use for
5 Accessory Dwelling Units
The applicant, David & Renee Miller, Trustees, of BBD, a Trust, are
proposing Accessory dwelling units (DU) for 5 of the 9 subdivided lots
as part of the Preliminary Plan application. As identified on the
Preliminary Plan, the proposed DU lots are summarized as follows.
LOT
#_SIZE
LOT
4.19 ac.
4.17 ac.
4.00 ac.
4.96 ac.
7.09 ac.
AREA LESS
40% GRADE
1
2
3
8
9
4.19 ac.
4.17 ac.
4.00 ac.
3.3 ac.
3.7 ac.
All the DU's shall be constructed within the defined building envelops and
maintain a gross floor area not to exceed 1500 square feet. The water for
these DUs will be supplied by the development's proposed water system and
and have been calculated in the West Divide Water Conservancy District's
Substitute Supply Plan (see Appendix). Sewage disposal will be by
individual sewage disposal systems, which must comply with Garfield
County, State, and the proposed Gilead Garden's Homeowners Association
rules and regulations. Only leasehold interests in the DU's will be permitted
and that all DU construction shall comply with Garfield County and the
proposed Gilead Garden's Homeowners Association rules and regulations.
EXHIBITS
DuBois/Regulski
Garfield County Planning and Zottng Hearing
July 9, 2003
Reference Document
(rJ I July 3, 2003 Letter with attachments
\D 2 Colored map of signatories
Photos
wb Photos
Photos
D + Building Permit Application (Strawbale house)
t'o1 July 8, 2oo3 Frei Letter
t o b Quit claim Deed
W4, July 9, 2OO3 Letter of Bill Wright, Wright Water' Engineers, Inc.
t WL
1.i
July 3, 2003
Garfield County Planning Commission
108 8'h Street
Glenwood Springs, CO 8i601
RE: Gilead Gardens Subdivision Application
Dear Commissioners:
We are writing to express our concerns about the proposed Gilead Gardens Subdivision. We are
property o*r.r, living near the proposed site and treasure the quality of our existing neighborhood.
As can be seen from the attached map, the properties near the proposed site range from 5.25 to 4l .9 -
acres with a mean aclreage of 6.5. The proposed Gilead Garden Subdivision contains 9 loti of
which 4 lots are just over 2 acres, 4 lots are just over 4 acres, and I lot is 7 acres. Slightly less than
one half of the 7-acre lot, however, is beyond the steep slope down to the Colorado River making
the effective lot size closerto 3.5 acres. As noted in the Staff Report, the Comprehensive Plan for
the Town of Silt recommends a maximum average density of 15 acres per dwelling unit for
developments within the Town's three-mile sphere of influence but oucside its urban growth
boundary. Based upon the foregoing, we believe that the number of lots should be reduced to 4 or
5, each with a lot size consistent with the neighborhood.
Additionally. we have noted several problems with the proposed water supply for the subdivision.
First, the preliminary plan addresses two irrigation/fire protection ponds to be built on lots 8 and 9.
The pondi are to be l0 feet deep and approximately 0.5 acres in size. The ponds will be permanent
in nature and will be used, in part. to provide the 100,000 gallons of water needed for fire protection.
The preliminary plan states that the ponds are to be filled with water from the "ditch rights in the
Goldhan Ditch, Pump, and Pipeline adjudicated in Civil Action No. 2759" and "in the Ward
Rey,olds Ditch No. 17 under Priority Nos. 32, 1045, and 1660[.]" (Attached are the Ruling of the
Ref-eree inW-2759 and the Decree fbr the Ward and Reynolds Ditch No. 17 for Priorities No. 20.
None of these documents allow the use of the ditch water for anything but irrigation32, 104.)
the
water In fact, such a change of use would need the
sed by other owners of these ditch rights.approval of the Water Courl and would likely be oppo
Second, the ponds are unsatisfactory for fire protection. The ponds will obviously freeze in the
winter and the availability of rvater will then be questionable. Further, the preliminary plan does not
drr,,"t
II
d0
xb (-6uh
address any of the safety issues or operational plans for algae control, etc. The ponds obviously will
create a significant amount of danger to local children who may be attracted to play in or near the
ponds.
Third, there are several inconsistencies between the Water Sr-rpply Report, the proposed covenants,
and the one existing Well Permit that would affect water usage calculations. Specifically, the
proposed covenants indicate that irrigation shall be limited to 4,000 square feet per lot, except lot
6 which is limited to 2,000 square f'eet. (Covenants at p. I 1). They also provide for 3 horses per lot
(27) and one SFD on each lot (9) with ADUs on 7 of the lots. (Covenants at pp. 8.) The Water
Supply Report indicates that the water calculations are based upon 1,000 square feet of irrigation for
each lot, 18 horses, one SFD per lot (9) and 5 ADUs. (Report at p.1.) The Well Permit is limited to
8 SFDs andT ADUs, irrigation of 1,200 square feet per lot, and 28 horses. The discrepancies in
these numbers raise serious questions about the accuracy of the water calculations.
Finally, we the following concerns regarding a variety of other elements of the proposed Gilead
Garden Subdivision: l) The proposed covenants purport to restrict mineral drilling, however, 5002
of the mineral rights are owned separately from the surface rights; 2) The preliminary plan proposes
to cover the surface of the two cul-de-sacs with gravel, howeyer, the amount of dust generated from
the estimated 1 15-120 trips per day will become a nuisance to neighbors; 3) The water runoff from
the hillside and the gravel pit on the southern side of C.R. 335 is significant and flows across the top
of the road onto the property. The preliminary plan does not adequately address the drainage issues
on the proposed site or the need to install additional culverts for driver safety on C.R. 335; 4) The
plan does not address stop signs or other traffic control devices at the cul-de-sacs intersection with
CR 335 as well as the need for access permits; 5) The preliminary plan does not contain a discussion
of a weed suppression bond; 6) The preliminary plat does not indicate well or septic locations with
respect to the building envelopes. The location of the septic system is especially relevant with
respect to the Lots closest to the Colorado River due to pollution concerns; and 7) The building
envelopes for the single family dwellings and the accessory dwelling units on Lots 8 and 9 appear
very close to the slope to the Colorado River bank and overlap the irrigation / fire protection ponds.
These building envelopes also impact erosion of the slope as identified in the HP Geotech report
We ask that the Planning Commission take a careful look at these issues and consider the impact of
the proposed subdivision on the neighborhood. Perhaps a decrease in the total number of lots would
allow the applicant to more appropriately resolve our concerns. Tl-rank you for your consideration.
Sincerely,
oo H(
07tr? ry-h4fl'
Drul2rr-/"il
O,8l ,k/;P A "4)-rrr"
037e
072d
r o$b
Jt zoo
o\ q6
fY\td, U'
rJ
4eA
d?t Ltfin ft?-6trTn0(, 4A lJfid 46v/E
a
U
P",il* [
b.
\
."-/ior-L-Lt+7- 7 zot' 'Qfu:
3a^- 1+r14jD /011
bu5'^
t"grrsN.-
zss / G ss:; /.-, C,f/., e -
/.53t cn Jjis
/."1--, -.y'/t%CO
&r&rt;,,(/ r/. e..
/q6c Ocgt /d,e
f oL-a
xru lZ
&"ffi
5oecl 3s57n!.aY
oS?4 ell- 3r{ /,d_
OSql c.A- 3-il, U(, CD
63Zg MtN vo"u-E\ Nt_
/f ry fi4:tt
/7t7 K4Jrr
OYOS
c lb7")
g tul-7
lvos- w;)b,r
V7
alirs\t-t-ra 8/o Vz331l\{i q:\k$
/ /ss/ (/s*,r , o0"lZ
tu7/
/5 3/ c r? 335 ?1*
rn-ta-
f fr,r&n&., &-( , ftd,a.
4
U /q'd
, /q@ ccgr fu)
/f ty fr4 J//
/ 7r7 R4 Jrr
tojl Cr3sS l)u* Coslln,
0v0s ru;)b,r
doz? 3s57f,
os?4 C// g7t ,/),d
Nql cP- 3q V (, CD el b7")
6ez3 Mrtr vo!u,e\ Nu_ Skyl
(/ il/.c.
Calo. glLLl'')
.0 efre?
flC,,m (o
)u u,rffr
P",il* [
b.
\"vv
ECbr&"a OYOS
oaq.s
SD.g*s
sB fr/a Vz%\\q.q1
effi co
Vzrr-..&fut
3cu
,MAR-14'-zooz l3tzg
10. Ttre applicant PtoPosesdive,rslon N. 85" 45'W. t+62 feet,
a. 16 inch diameter PiPe).ine S.08Dl.tch.
fhe watrer wil].
Ehe appJ.i.cantr's
cor3.sts,ruct, a diUch froa Ehl
a. DumD Sitre. anci pump trtre
2 " E.'856 f 6ec tr.o- trh-e t^r-e.rd
FROM-O I V5l'{ATERES S7094587,1 I f-745 P.001 F-23 I
IN THE DISTRICT ,COTIRT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
APPl.ica.t.ion No. W-+q40 Z 75 q
IN THE }4ATTER OF THE APPLICATION
FOR WATER RIGHTS OF
DONALD K. GO.LDMANIN THE COLORADO RIVER
RULING REFEREE
IN GARFIELD COUNTY
The a.l>owe entriEled applicaE,1-o'n. was filed on Jr:ly 31, L975, and was
Eeferred Eo trtre undersigned a.s WaEer Referee for Water Dirzision No. 5,
St,€.te of Colora.do, by trtre LTater Jr:dge of sa.id Courtr on Etr.e Istr day of
Arrgtrstr, L975, irr accorda-ce wj-th Art,icJ-e 92 of Ch.a.ptre,r i7, Colora.do
Rewised Sta.trutes 1973, krrow:o as The Lra.trbr Rigtrts Deter-uination arrd Admir:.-
istr=aei-orr Act of L969.
And th.e rrndersigned Referee harzing ma.de such inwestiga.tions a.s a.re
nec,essaryr t,o det,ertine whet,t:er or r:lot Ehe st.EEemen.tr,s in che app3.icatrio:r
are t,=rre anrd. haw1ng beeorae fr:IJ.y a.d,:rise,d, wit,h re,spectr tro tLre sr;rbject mqE,-
Eer of t,he. appJ.ice.t'io:r d,oes trereby me.ke th,e folIow5-rlg detrerminatioa and
ruJ-ing a.s the Ref eree itr this ma.E,t,er, tro-rviE:
1- The staeerue,rrts irr t,he applicaEion a.=e Ertle.
2, TLre trarne, of ELre strructure is GoJ-&rarr Dicctr Pump anrd Pipeline.
3. TLre, zrame of th.e c1a-jraas.t. and add=e,ss is Donald I(. Goldman;
New C=.tle, Colora.do.
4. The. source of E,I:e wat,e.r i-s trhe Colora.do Rirrer.
5. Ttre, poir:'tr of d.iversion is loca.t,ed. in the riEt SWrf of Secciozr L2,
T.65., R-921.7. of che 6tkr P.!t. a.E, e. poinE wh.ence trhe NorchwesE Corrrer of
said Sectrion 12 bears N. 35o 48' 5I" ,w. 3,86L-25 feec-
6- The use of the, watrer J.s irrigation.
7. Tkre da.ts,e of initiation of appropriatrion is ICa.y 23, 1975, by
sur\tey
8. The amolu:rE. of watrer claimed is 7 .O ctrbj.c f eeE of waEer Persaeond of tri-ure, condiEiona.J.-
\ 9. Ttre project ha.s not beer:, c.orlstrn:ct,ed, and the watrer ttas notr yet
been applied t,o bet:eficia.1- r:se,.
to
E,Oo1
e. poinE ofwa.ter tlrror:ghand Reynolds
1r.a.cres of
be r:sed asIand.supplemerrtrary lva'Eer Eo irrigatre 39?
FiL-c.:D
002 I 3 228 FROM-O I V5WATERES 97091557 4t T-7;5 P.002/001 F_231
TLre Referee d'oes ttrerefore corlcrude E,Lre.tr clre a.bov,e enEiiled a.Pplica-Eion st:ould be granred and ttrs.t 7.O crrbi-c, feeE, of wa.tr.er Per se.cond oftrime wl-cLr.a'PProPria'E'ion daE,e of M-ay 23, Lg75 is trereby awarded, condltion_aLLy E.o trh e Goldman Ditc'ir pump and piperine fo= irrigation rlse prowi.eda.1wa.ys E,tra.tr said 7-o c. bic feet of watrer pe= second of Elm. i-s orr t,heconditiorrtrhat sa.id que.ntity of water be applied ro a. beneficial usewl.Ehl_n a r ea.sonable t,ime I strbje.ct,, howerze,r, Eo aII earlier pri-o=itryrights of ottrers a'nd t'o ch'e integra..iorr and Eabr:].cion by Ehre DiwisionEugineer of sr:ctr priorities and ch.nges of rights ire .ccorda.rrce wiEh ,a.w.App1l-ce.tion for a qua'drerrnra'r findi-ng of rea.sona.br-e, diligerr,ee sLra.rrbe fi].ed in Novemb er of L979 a'nd 1rr Norzeu.ber of e*zery four.h c.rend.ryear Eherea'ft'er so long a's c'laimant d,esires E,o maintrain E.his cond.i.ionalreaE,er rJ-gLrt or trnE,iJ.a deEer:min.tion h.s beerr ma.de tLra.t .his condi.iore.l'wa'tr'er rigtrt. ha.s b.come ar:r a-bsorutre \.7at,er right by rea.son of Ehe comple_trion of che a.1>1>ro1>ria.tiorr.
It, 5.s accordingly ORDERED trha.t Ehis rr:1ing shrall be fi.led witLr theWa.ter C]-erk and stra.].1 becoure effect.i\.ze uporr suctr' fiJ-izrg, sr:bjectr, tro Jud5._cial review pursuarrt tro Section 3Z_g2-3O4 CRS Lg73-
It is further ORDERED cha.C a. c.op;z of C,his ru].i.ng stra.]- 1 be fl-Ied wiEtrttre a.1:propri.a.E,e Dj-vLsion Englneer
Done a.tr trhe Ci E,y of G1enwood
Z 4 day of
iio Frat ESt yas f 116.1 1n thls =a^_ L ciftre foregslng rr:11n8 ls confiruodand afprowed, aEd ls trtade theJud8Eoat n-d Deoloe of tlrls sourt.
T)ated z t7'a;' .rr,,',!, 2-|- ./ c7'1o.:a
and ELre SEat,e Engineer-
Springs, Co1orado, trhis
, 197 { .
BY TIIE REFEREE:
a.Wat'er
S ca.E,e
e e,reeDiwision No. 5of Colora.do
.z(,- /t -. ., . .i--r:+,.,.., i-wdzcr Judfio
\\
, MAR-t..1-2002 l3:28 FROM-O I V5l{ATERES 970s158711
(
IN :eE:. DIS?RICT COUR:g TN -.P.I,IIJ
aoF- l.JAtER D-r-vrsrotl r.ro. 5
. STATE OI? COf.OF.ADO
A-pp].1cati-on I,Io.,;r_ZT;g_Tg
T-745 P.003/004 F-T?t
RULING OF
.23, 1978, a-nd ..vas
Dj-vasl.on i.to. 5,.
t]:e 5 ui: <iay o f
!
\r\r1
III ?:{E I4ATTEF. OT T!{EFCi ',/ATEA RIc-d?S OFDOIJALD K. GOLDi,!A}II;.T ?HE COLORADO RIVEP.I}i GARFIELD COU}ITY
A-EPLI C A.ITOII
State of Co1-orado, by til:,.e. lt|;.te= j'uoge
2-
)
)
)
)
)
)
)
The abcve entiEled applJ-cat.r-on',{as fr-r-ed oil ..a-u.qusc
referred Eo the undersl_4ned as '..Iater :le r-ere e f or Liat ez'
of s={d Cour:t on
Septeraber, 1973, 1n acco=tia_nce "wJ.th
'.! : : . iF.ew1.sed Statutes L973, k;rclgn as Ihe
:ACrnl-nl-Eu=ataoa -Act of J.g6g.
And tlle ui:Iders3-r:fied Re3eree haw-r rr-g. r:.a-tle- sr.rch 1nv=s t j-Ea-xl-on5, as a-T,e
necessar]' to d.eter::r1ne ','rnebLr.er or not E!:e .. sEatarnents j-n the app1Lca.trl_on.,
are Erue and havLng becorae flrlly ad.vl-sed. wj-th respecE iothe subJect matEer
o-f the appl-l-cacl-on does h.ereby ma-ke'the foJ-i-o'..rJ-ng deternl-naEl-cn and rualng
as the Refere5 l_n Eh.t s matter to-:+l_E i
-{rti,cI.e 92 or- Chapter 37, Co).orado
'lr,.i.r.tr s r. F,J- gh E s D e u e:-;rl_n at 1on a-rzd
+Ehe sta-tenenEs 1.n tl:,e. app1.j_cati-clr:....are .trr:e
The narne oi' ti:= structure l-s Gqld.rran'liccl:e ?ump and pl-pelrne-
Ttre narire of the c1a{nant.-u addrsss 1sr'DonaLd K.. Go}ciman;O53O Cauntsy Foad 335; Nerv CastIe, Co].orado.
E.r:e souree of the :va-Eer as the Colorad.o F.l_ver.
Tl- P"{}! of-d.rwerslon l-s }ocatecl 1n the }{E L/4 Stn L/4 or'Secrl.on42, T: 63-, R- 92
".I
. of the 6th. p:1,I . as a pol-nt '.vher:cc) t!:e North-erestr Corner of saJd.Sectaon L?_ bears N. 354'4g'5].ri i.i. 3,a61-25 feet,.
on rrowrrn'oe+=' 2e,'{sfg;H:i,S=='riJJ'=*= ro:r r.\raEar Dr-v1s1on No- 5a.','rarced to uhe Gordma-n Dl-tch punp and p{pe11ne, a cond.:LEj-onaawaxe! {1EhE for 7 -o cubLc feeE oi -n,ater per seconc of Ej-me,. t;obe rrsed for l-rrl-.s+tLorr,'.-rLth an approprtac1or: cia-te of i.Iay 13, ]-9T5-The clal-l:lanE '-vas darected to fl-J.e- -an ippaJ-cauJ-oi:r for quab.r=nnf-a1Frrtdln4 of iiee-scnab-l-e DaJ-i-3ence j-n the- cevel-op,;renc of chl-sCondl-ti-ona1 iraEer. ri s!:t l.r Noventer IgZ9. "hi_l
Rulang ofl the-F.=feree rras coi'\i-1rmed and :naCe a Decree of Ehe Court or] l,farch 23,]97
On -ALrguB tr 23, 1973, the c].al-rna.nE fa1rsd,, ai iv-atreb Courtr for r,,Ia.ter
D1-vr:.rlon i'lo. 5 , an appr'.'ca-.EJ !-)rr to rr.:rl<e abso].ut:: a. cond.j-tsl.onalt'rater rJ-ght , j-n whLch j-t j-s :.c.auested Ci-latr Ere 7 . O cublc fee.tr ofwaEer p-6r seconci of tLne. prerrlousL-r a.'rrerd.ed. conCLE1on2.'r ay tro t,I:eGof-rir.an Dl-Ech Pump and Pl-pe].Lne 1n,-.a.se irlo. \,t-2759, be n:Lde a.bsoluteand uncondLtrLonaL.
3
,,
5
6
\\\
7
F]LED
IIV llrATER COI-ISTI}.ri::-on.Iio. S
Jti;,12 a1g7g.
a?.R c:-en
DY
COLQRAOO
I{AR.JJ-Z002 l3 : Ze FRoM-0lV5WATERES
The
o f tl-me , da.t e
Go1d:aan DLtch
In support of thl-s req.uesE LL 1s stated tha.t tr.ro pumps have beenlnsEar-Ied a.r. rhe _pg1!c of crr_,rers10n,. ih.-;;; ;;;o: rrave a corl_bl-ned capacl-ty of 7 -Q cublc feeE of water. pe* second. of Elrne.The clalmant has 1nsta1Is.r. 856 i."i ;i-ia ii"r-r-iil,,.r.r. plpe{t"f E!'- Pum-ps to the warrl.-Reynolcis D'r Ecl:- A-n ad,c}l-Eio::al. 4oooftleE of 10 l-nch dl-.aneter p].pe has been l-nstal-l-ed froirr che ,.,,,ard.-I?eynolcls Dltc}. to the Louis' peyaold; -brt... The :.ratel. ha,r beenapp1-J-ed to benef:-cl_al- use fo= ii"iiitl_on.
Referee does t|rerefore, ccrlcrud.e thi.t ci.le above entltrIecr
s70s15e711
DLvLsl-on No. 5of Cql.orado
T-715 P.004/004 F-Z3t
appll-caElon shoul-d' be g:anted. and teab 7 -o cubLc feet of -vrater. -csr. seccn<1
of prlorLt:/, llay 23, L9T5,d.ecreed condtEJ-ona1ly tro t,he
Punp and Plbe]lne, for lrrlgatj-on use be rnaoe absorute aD.d.
un c ond.l- C't ona1 -
IE 1s accordinEIY OP.DFP-ED.thatr this rulJ-n5 shaI}, ce filecl wlEh E-e
Water Clerk and shal-I cecoine effectlve upon such f11J-ng, eubJect to
JuC caal_ r'evl.ew pursuant to Sectl-on 37_92_3Ot| C-F..S. l-973.
rt Ls fr:rther ol?.DF=.+D that a copl/ of rkrl-s ru].ang si:arl- be f1Led. lv1th-Ehe a-pprcprla-te DJ-vLs1.on Engr4s.= and. the State E;rgJ-neer.
Done ats the cLcy of Gr en'rrooc sp:r-J-ngs, cor-oi-aco thr-s z
,tg? q -
.iri': protest vuq: fiierJ ;n rhls .;ro.i'..er.
ihe dore1;;,i:11g rujirrG is <r:nijr-recj
cncl oppro'r+<J, racl is rrrola ?hc>
Jue,;rrlrrir? cnd D-ecre= oI rhis <ou:t.
BY T}iE F,EFEP.EE
Dolecl:
4 Ly of
..rl-cri.lU a
\.1 aState
2G
And it is hcrcl;y arljutlgctl antl tlccrced that thcrc be allorverl to [low into
sai<I ditch from said crcck for !hc usc a[orcsait.l, anrl for thc bcnelit oI thc party
lawfully entitletl tltercto, under and by virtue o{ the appropriation by origirrat
construction-Priority No. r8-55 cubic (cct of watcr pcr minute'
Providcd, 'lhat I5 cubic feet of watcr Per minute of said appropriation
shall orrly be granted antl allowetl to Ilow ioto said ditch from said creek' Ior
the use and bencEt aforesaid, iri proportion as said l)arty shall incrcase his fcasibly
irrigable lands thcrcunder, ovcr ancl above the anrount o[ 35 acrcs, in the ratir'
o[ 6o cubic fcet of warer per minutc to 5o acrcs o[ said arlditional lands'
And providcd furthcr,'fhat such increase oI such addirional ]antls anrl
tbe uscr of the saicl progtortionate ad(litional amount oI water appropriatcrl
thcrcfor, thcrcon, be madc by said party with reasonable diligcncc'
' (NB-Sec dccr.e at pagc lr4 hcreof)
NUMBER SIXTEEN
TIIE NUCI{OLLS DI'I'CII
NUIVIBER SEVENTEEN
THE W,\RD r\ND REINOLDS DITCII
TIrat sairl rlitch is cntitlcd to Prioritics \os. r9 and 3o. It is clairnerl
by Emmett Nuckolls, as owner of tlrc tlitch, anrl Geo' W sagers' as owner oI
an enlargemcnt th(reon. It is a ditch usctl for the irrigation o( lands' and
takes its supply of water from East )famm Creek' The hcadgate thereo{ is
.located on the wcst bank of said creek, about
-
milcs above the mouth
tllereof, on unsurveyed land in Garfield County' '{'nd it is hereby aojudgcu
aod decreed that there be allowed to florv into sai<I ditch frorn said crck'
for the use aforesai<l and Ior lhe benent oI the parries Iarvfully entitled thereto'
trnder and by virtue of the appropriation by original coostrucrion-Priority No'
rq-r8s cubic feet oi water per mi.tt.; and. further, that lhere be allowed to
flow into said tlitch as aforesaid, for the use aforgsaid' and for the benelit of
the parties aforesaid, under and by virtue oi the appropriation by first en-
Iargement-Priority No. 3e-I zo additional cubic f eet oi water per minute'
Providcd, That I:5 cubic feet oI rvater per minute oi said last'mentioned
appropriation :hall.only be'granted and allorverl to florv into said ditch from saitl
creek, for rhe use and benefit aforesaid' in proportion as the parlies shall
incre4se their feasibly irrigable lands thereunder over and above thc amount ol
r 5o acres-in the ratio of -6o cubic fcet o[ water per minute to 50 acres of srrch
additional lands.
And providcd further, That said increasc o( .such additional luds and thc
user of the said proportionate additiooal amount of rvater appropriated therefor'
thereon, bc madc by said parties with reasonable diligence'
NB-(Scc decrce at Page rr4 hcreof)
That said ditch is entitlcd to
ctaimed by Jeremiah C. Ward, John I'
each interest onc-third. lt is a ditch
takcs its supplyl of water from Dividc I
at a point on the east balrk of said '
Priorities Nos. :o, 3z and
Ward and William Harrison
. used. for the irriBation of
Crcck. Thc headgate thereof
cleek, abotrt tl, miles fronr
ro4. It is'Reynold;'
land - aud
is locetcd
tire nrcuth
rhc-eoi, '.r,,-:: :i)c s.ruthcatL a.r.trci S,j.i. t.l, 'i'. d soLltit, ll. q. .,vcst, ircars norllr
r3,'.'.',r:i !...o:t:.t-, in tla;:i,:rri (iurrr: -r:,: ir is itc:r:,_,,trijurigcrj:rnd rjcc:,:,:c
:har:trj:e irc;ril,;u,:u io li.)',!.:itto sa:.t,:iicI t;oil.,rici,:::..i:, jor:hr usa iio.,j-
:ald ir,l i.,::rt rrcncrit /)l ij,: i)ar::.j:: iau..:ril;,.erLl!icd:ltcirto, undcr and irj.-.',aiue ui :hc il)l)i/rDir;iti',rl )'..' ,)r-: :,i, -,rnrii'c!rof,-lr:iOriar, \o. :o-ii-iLr.
a:uic icar 1i \v;i!tI :)ci :nliiiiu; ,it,l ::i it--, ljjat illcie lr.: ailoLvci :o liorv inro
-ald ,iitci:, :rs ::iorc!ar(1, ii)r ::t( .r:: ,:; :r,ji(ti! iiorcsairi, unrlL:r ancl by vir:u:,)i thc trDr)roI)iiarron ;tr' iiji ,jriai{,jf;::t-r.::oriri. -\,o. 53_1;1, addirional cultc
ictt oI r'at,:a r)ri: n]lnuLc; in.j luiiil--. ::taL :ltcre ie ailorvctl to io\v ja!o sard,iirci a: iI.rIesarii. lor the usc eil(.i l,r:.::- tiorcsairi,,lf,rle. a:td ?). ylrluc of iilcj:.,:)r.,o::!l:1n ,.\' -r.:onLi cnlJr;,-.:tic:t:-.,:: i,:... .;u. : j+_r-_- euull;oil:. cJI/tc
:;:: ,,i vaic: or: iiirilu!e, 'i !ai :irt: rr.::.r:,: .r:::oui: oi ..\,f,1c: :o ..vitici saic uirc:t
.: C..r:l( :_:, ._: ::i.::.i.
>.^.,.;-.i 'T,,- ,-.\,tt. );t) 1:uirlc:c:: _:.!.a:!: rc. i.rniLie ol,;aici approirrietions
..irajl on.. ,c j::r.r..,. Jn,i .rj; . i. .: , . '.q .i:. *re .:rcl ,.o- "ar"1 c;:r-1, : ,r_.:c :ic ,Id :rc:l(t'i: i:ior(:.:i1,.. .t : -..,,:: -: tJl.l ..ill(: iitail in:::eSe :hc::
.,,1:l:,'\,:i:'.al,]c.:r:,t.']r.':',,:::,i,i.]\]].:,
'.:'j :j.ij,, : : :..', : ..1 .,r .r-i -i : .::::ti: . , j. ,r_:.:s -i .ri.r .UCittronii .:e:.
-:-f,j provtaei :ur:icr. , .rur .a. - .:. ..i.:tr:c ,,i . uc:t - :.iir:ulii jtn,:j jn.l
:i,r' :.j(_ ,: ':, .-, ,,rLt,.,r. .t:JL: iit,,:..:::. -..:.,.iil ,i ,,.:1t,.,: .l.l)r.l,r:Jt.J.i :.1ii,::Oi,
i:lc:'jOll. irc :::aric 'rI jti(i i)a) !lts ,,vilf, ::::,)il!.,:r rj,ii:c:rcc.
l'N 3-3ee jecree ar page 5: :e::o; )
\{;lIElIR _;(..; t-jTqE\
'l iiil tii _\.t.I1( _,.t. -, ,;.!\,1 lJI.t.Cii
-l'lral sai,i .iir,:l i: li:i ((l io l::,,r.. -..,r. ,-. Ir s ciairncri l:_r. -Ia:ncs'l'. iil::rt=r lir:,i -i,,litilan (lanl. ,r:r.-irtji:.-1.-:::::lci1. i; is:s,:rj:or:i:e i::igerio.r: .er:,1: Jn,l :l^... :, .lrr .,i . .at vii.,: - :i :::c :tur.:r ..,i:: -i -\l;.mn -::=.1.-'lrc .i, i,.::t .:,.:r. : :: :,,Li: ,. ,.t : .. .:. :t :::., vcsl .t,ic ,: :uiri ::eei:, rLuttl:r:ji:: .: r:: 'tr. frurlL. :tr,.i,.. :, . ::::,rr..,(\...i .i, : :: ,aili.:4 J:u;tt,..-.:: i :r :. .. i-.:." .,1.r: .{ ,i ....1 ,..a'..,.1, : ...: :..:c i,,: ri.ou,.. : :n ri,,,v :.rto :;tr,.,1:icl rront :.iri ,:;,-::., ror tirr :rsc ;lio:-.:::,: itn(i ior llte Irc::,trr ,,r
.:irr ilriir- .::i:l,rri t:ttrrlo, rrnrie: :ilrri lr!' ..r:itrc ui lhe -nDrr>r;r:a,,on
llia ,)ai:ics
!j' L)Il;rllill
)r1:ii'--rclrorr-i)a:(tl :rl,- -\rJ. ::-.;t.
) -^... .: -. ,i : ur,ucu. . .l,rt ,- .:ll.:a
clti,rc ,ri -r'ltier ;)ci :1lnuLc.
.. iiit: i)ci :nrnutc ,:i .ar I .ir,pr,rrrri:ri:on
,)nIv
Iill
:r ar:tcri lnri tillrru cti
'l'll ii lll-
-:ir,i ir,:r i r,r:l:ri, 'i :,r
Llsr L .Lri lirr' ] I:!lrll,,tr ,
'1 ., .r,'ir(l(:rt,. ilr,':r r,l
llr' a ,lLl;LI'lt II ,,1 I
;s rr':ii,v .r,itrr,lqrri
irr :la.v ::ti :ard irrcir iiorl saif, C.-cci., r,)r
.lrr,i rrritics :,,rrr rnci,,isa ilt(.ia
tiic ,rrn(Juni .ri :,r: 3cl.(.s- il
i :rcits,)t .rrcir trci,iirronal lan,ls.
::sc rLn(L )c:1(.:i: iiloi,.si!\1. iil
:, :lsilrl'' :irr<liirit ltn,ls iltr.rr:rrrrricr
::1, :'trii,, ri ,, :ui':. :,:,.1 ;i 'r:.lr:
irrr) ),) i: !;:
,\:tri orovrcicli lurtncr, 'l lt;rt ..lrri ::tc::t:.e ,,t iLlcil ,rLiuirioillii ,anris ;iilLl':r,. '::!: i ie .r,it ". ,tr,,r. .ii,i,,tc .,t,,ti:..t... riI,.ll::: ,i r rt,.:, ..r,r,r. r,:::,,ti lt.l:-:,rr, llr(:'(.,ir. '(r 'rriL,t(. rr1- ..^rti ,.Lr':,: r : : .l- Lrl,l,. iii 4,.:tcr,
.\ r .\t l\rrl! .\ ,-\ i._ . t:^_..i
'. i iIii.
..1It
l, r 1, , rl
lrrrtr'rl lrr .'.ll:i, I
l'ltt:r ir'orrr
',;uti ::,, i:,
in il.Lr rl,.iti
,rll()\v( l i()
t()rrll
.r),)[(ll
'lrirl tl)
':)
..:.) ,: ,.-
N
I
Gll-
?16r15
20=O>=6Z. l- -i95*
H$$ ?"s'z'v6Hg3\f
ee 35 dY)r'7--ou 9 - G(?,'s
H-B MINO R SUBDIV N6
I6
2179-124--(
slo
a-
9r
FJ
,<,'9
r-N
t
u\ (51
qJ :9s
-oo-262
6-
,l t',vl
12421
-00-554
@
OH -S
;)o-z
,I
I
@@
@
@
@:l
0
0
-r
@
@
@
@
/i
'€/
Io+
OEUAY)
N
I
l)JL
@
@
@
)@ @
@
@
(
€
@
t-
{
I
t
*rf)dl
Ioo
I
(l
IoF
N
J
@
2
gEE IIAP
a?F13
1A--
:
V
'"@
4
e
@
2@(t@6
@ ft. tiltr
@
PETEA
lctGr
@
@ @
rc+)
@
@ @ @
/a
@
J
\
(
i,l
@
@
1
+
Srt.
+?
"*,;
{.1
sFr'
t.;
_.!.-- -r-rf- -._3_1f- ".
';*,$-"- 'r-
rs-:c!' od.
.€ : :,1:= -
L.
..'.it
'l
t
I
.it-
r1
-]
.itgYffiw.
IFtlr
llr.r+'
t,
\
'-,,
ti,''.;
j-+'
-tf'3
ts f.
:
I
a
I
t
I
I
Gj
7
'.i!@Ui$fSdMd-
, -'..\ ,
.'t I,..r. i>.
,-,l.ri.:r:,,t
;'' ;,s.;i,i ,.7
'i r'\t .,,//',I a-,'t r,:
. : \/
t,
;,
$,,
1,.
'$r
\
$$...,
$Pm ili
/"
h,'it
.F
t
'I
itT,4r
'r; , 'l
t
"ld
t\'-
,/
\ { ..r
' 't.
l.t'
{* r{, .,t'-
ij'
-i,,,,
.f; -
/:
d#
-\.. -\. -
i j 1.. ; _:-.
-tt-', , .
\l
'rF+ ,;{',
, rf,1gi,;
"'n'
ixffiiry... r "!Flrr-/,irr:.I*q:,r
4
' ^ "f ..-1-:., -- ., tl -:i;;i:g*,- ''. -; ;-.. ;.,e'.-f'' . :
::fir j,*i:t l. - t r,'- .'i.I :i
:
t!'',..: | ,t r' .; , , ,,,:,', - t,,,' t.4',<
r-.. '. ":
-(
t,
.T !
I
EtIfrft
f+rf ','
g|u'
r\;-
srd
t". t
w, il
'. f,
BUILDIN G PERM]T APPLICATION
!.OARFIELD COUNIY, COLORADO
to nuntbered PERMIT NO 2- pnnceuscHED No
AGREEMENT
PERMISSION IS HEREBY GRANTED TO THE APPLICANT AS OWNER, CONTRACTOR ANDIOR TI{E AGENT OF THE CONTRACTOR OR OWNER TO
CONSTRUCT THE STRUCTURE AS DETAILED ON PLANS RT{O SPECITIbATIONS SUBMITTED TO AND REVIEWED BY THE BUILDING DEPARTMENT
IN CONSIDERATION OF THE ISSUANCE OF THIS PERMIT THE S]GNER HEREBY AGREES TO COMPLY WITH ALL BUILDING CODES AND I-AND USE
REGUI.ATIoNS ADoPTEo BY GARFIEI.D coUNTY PURSUANT TO AUTHORITY GIVEI.I IN 3O.28,20I CRS AS AMENDEO. THE SIGNER FURTIIER
AGREES THAT IF THE ABOVE SAIO ORDINANCES ARE NOT FULLY COMPTIED WITH IN THE LOCATION, ERECTION. CONSTfTUCTION AND USE OF
THE ABOVE DESCRIBED STRUCTURE. THE PERMIT MAY THEN 8E REVOKED BY NOTICE FROM THE COUNTY ANO THAT THEN AND THERE IT
SHALL BECOME NULLAND VOIO.
THE ISSUANCE OF A PERMIT BASED UPON PLANS, SPECIFICATIONS ANO OTHER DATA SHALL NOT PREVENT THE BUILDING OFFICIAL FROM
THEREAFTER REAUIRING THE CORRECTION OF ERRORS IN SAID PLANS, SPECIFICAIIONS ANO OTHER DATA OR FROM PREVENTING BUILOING
OPERATION BEING GARRIED ON THEREUNDER WI{EN IN VIOLATION OF THIS COOE OR ANY OTHER ORDINANCE OR REGULATION OF THIS
JURISDICTION.
THE REVIEW OF THE SUBMITTED PI,ANS ANO SPECIFICATIONS AND IN
LIABILTTIES BY GARFIEL
SPECTIONS CONOUCTEO THEREAFTER OOES NOT CONSTITUTE AN
ACCEPTANCE OF ANY RESPONSIBILIT]ES OR D COUNTY FOR ERRORS, OMISSIONS OR
RESPONSIBILITY FOR THESE ITEMS AND IMPLEMENTA,TION DURING CONSTRUCT]ON RESTS SPECIFICALLY WITH THE
BU]LDER AND OWNER. COMMENTS ARE INTENOEO TO B E CONSERVATIVE ANO IN SUPPORT OF TI-IE OWNERS INTERES
).
CG'
SUBoMStONLOT NO.BLOCK
1 LEGAL
DESCR.
wx pH 915-zza{r p+ll*l-?rDtiAooREss ,577 Ca"lg*; de"rG{,2 owr+m pfi{rD f (E\tsE &!@
LICENSE NO,Pll.ADORESS3Sl++E-qPNTRACTOR
LIGENSE NO,PH.ADORESS4ARCTITECT OR OESIGNER 5ASE
LICENSE NO,Pt.t.AODRESS5NleEIiGINEER
NO. OF TLOORS Iue'o',t /{I".oor.ot N/46S.F OF BUILUNG Yoo
7
oADDlTlSN oALTERATION oREPAR ol"tOVE oREMOVE
USE OF BUILOING
Cuss or rfloRx:8
o DESCf,$E UrOi.(:
10
PERMIT PENMIT
SITIGLE DOTJBt.E
SITE PLAI.ION SI]ESEWAGE
DOUBTE
,r ^rrwt'iPLAN CI-IECK FEE of11v^r.u roxoF$rof,R rlrffiO AoJusrEov^.$ 7 f|tSt
USE OT OUILOINGS NOW OtI
PARCEL
NO OFBUILDINGSON
PATICEL
sctoor-rMpAcrFff p,/fl
onrr.rrrrT P-occ GR, fr|-l
'3"fr?)'f? t.oo (cs,at -/''71
DAIE PENM'I IS$UEI)8.t/ -?{WATEII SUPPLY
Nor REournEoREcE rv€osPECilL APFnOTAtS nEoulREu ?Z-ffl/zoNtNo
J f
HEALTH DEPT
FMEDEPT.
SO|L RET'ORI
SETBACKS
I
FLOOO H^ZAITD
MNTIUF IIOME
OII.IEF
SEPARATE PERMITS ARE REAUIREO FOF ELECTRICN. PLUMBING, HEA]ING,
VENTITATII.IG OR AIR CONOIIIOlIING,
THIS PERI'IT BECOMES NJLLAND VOID IF VJORK
NOT COMMET{CEO WITHIN I8O DAYS, OR IF CONSTRTJCT1ON OR WORK IS SUSPENOEO
OR ABANOONEO FOR A PERIOT] OF t8O OAYS AT ANY TIME AFTER WORK IS
CON4MENCED.
I HEREBY CERNFY THAT I FIAVE READ AND EXAMINEO THIS APPLrcATION
^ND
KNOI'V
THE SAME TO EE TRUE ANO @RRECT. ALL PROVTSXoNS oF LAWS AI'lo ORDINA^ICES
OOVERNING THIS TYPE OF WORK wlLL BE COMPLIEO WTI'I WHE]HER SPEGIFIED
HEREIN OR NOT. THE GRAI.,IIING OF A PERMIT OOES NOI PRESUME TO GIVE
OR CANCEL TI-IE PROVISIONS OF AAIY OTHER ST E
or
NOTTCE
AIJTFIORITY
LOCAL
OR
OFCONSTRUCTION OR THE
carform.003 I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTANO THE AGREEMENT ABOVE
THE
f
nollc€ abry6edhortsed7r
Aopr06l/dals
t,
24IIOURS NOTICE REQUIRI1D FOR INSPECTIONS
EI
BHETJO0t{0POSTErsARGDTHs
INSPECTION RECORD
InsulationUnderground Plu
'tPlurn
Finai 1ty srrteinrncy& Vent
T
StntcElectric R
otes-f)"tt\'1"
ce nnrl Wiudorts(ro:
hnrl
[,c
tn
Door:
ALL LISTED ITEMS MU.ST
WHE'I'IIER INTERIOR O
BEFORE
R ABOVE
,ERINGcovAPPROVEDD,ECTDD ANPINSBE UNT).cRooUNDERGROUNDEXTERIROR'
This CrruI Must Be Postcd So lt is I'lninly Yisiblc From'I'he Strtet Until Firral Inspection'
Phouc 945-8212 109
AP VED
THIS iERIIIIT IS NOT TRAI-{S.FERABLE
Eth strect County Courthdrrse Glcnwoo<I Springs' Color'ado'
DO NOT DESTROY TI.IIS CARI)
By {
IF PLACIID OUTSIDE ER WITH CLEAR PLASTIC
II
II,
t,
I I I!
T L
t I D IlI
tl
I
i
I
:
Ij
,
I
I
i
II
to numbered
BUILDING PERM]T APPLICATION
OARFIELD COUt{TY. COLORADO
PERMIT NO.
AGREEMENT
OWNER, CONTRACTOR AND/OR
SPEGIFICATIONS SUBMITTED TO
PARC NO
THE AGENT OF THE CONTRACTOR OR OWNER TO
AND REVIEWED SY THE BUILOING DEPARTMENT
IN CONSIDERATION OF THE ISSUANCE OF THIS PERMIT THE STGNER HEREBY AGREES TO COMPLY WITH ALL BUILDING CODES AND LAND USE
REGUTATIoNS ADoFTED By GARFTELo couNw Funsuer.rr ro AUTHoRTfi'orvElr rru 3o.2g.2ot cRs As AMENDED. THE SIGNER FURTHER
AGREES rHAT rF THE ABovE sArD oRDTNANoES ARE NoT FULLy coupr-reo wirH tu rre LocATloN, EREcrloN, coNsrRucrloN AND usE oF
THE ABovE DESoRIBEo srRucTURE, rnE penruir MAy rHEN ee nevoKEo-Bv Norrci FRoM rHE couNTY AND THAT THENIAND THERE 1T
SHALL BECOME NULL AND VOID.
THE ,SSUAN.E OF A pERMtr BASED UpoN puANS, SpECtFtCATtoNS ANg orHER DATA SHALL NOT PREVENT THE BUILDING OFF]CLAL FROn',r
THEREAFTER REourRrNG THE coRREcloN oF rnnons rN sAlD pLANS, specirtclrtous AND orHER DATA oR FROM PREVENTING BUILDING
opERATroN BEING cARRTED oN THEREUNDER wnell rru uotATloN or rxrs cooi oi auY orHER ORDINANCE oR REGU.ATIoN oF THls
JURlSDlcTloN.
PERMIS SION IS HEREBY GRANTED TO THE APPLICANT AS
CONSTRU CT THE STRUCTURE AS DETAILED ON PLANS AND
THE REVTEW OF THE SUSMITTED PLANS AND SPECIFICATIONS AND INSPECTIONS CONDUCTEO THEREAFTER DOES NOT CONSTITUTE AN
ACCEPTANCE OF ANY RESPONSIBILITIES OR UABILITIES BY GARFIELO COUNTY FOR ERRORS, OMISSIONS OR DISCREPANCIES. THE
RESPONSIBILITY FOR THESE ITEMS AND IMPLEME NTATION DURING CONSTRUCTION RESTS SPECIFICALLY WITH THE ARCHITECT, DESIGNER,
BUILDER AND OWNER. GOMMENTS ARE INTENDED TO BE CONSERVATIVE ANO IN SUPPORT OF THE OWNERS INTEREST
Garform.O(XI 1 HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE AGREEMENTABOVE
e 33-9-
LOTNO.SUBDiVISIONBLOCKLEGAL1
WK PH,en ft7$-VhtADoRESS 1577h ? 3lf_2 OWNER
LEENSENO.PH.AJep &;ilebttwllADDRESSGOI.ITRACTOR3
LICENSENO.PH.ADDRESSARCHITECTOR OESrcNER4
LICENSENO.PH.AODRESS5ENGINEER
NO. OFFL@RSS.F OF LOT 3{a-ou-os
10
t-tEtGt-tT
6
7
I
Flzofi9
DRTVEWAYPERMIT
.fua,
gi'lE'\n,UADOITIOT.I TALTERATION EREPAIR trMOVE OREMOVE
S.F OF BUILOINCI
DEscRrsEwoRx:
USE OF BUILOING
Cr ts oF 'r\DRK
ON SITE SEWAGE DISPOSAL PERMTT
DOUBLE
SITE PLAN
OO{JBLE CARPORT SINGLE
".^u,rnr4f72lE.* ""**;94 7/,0?
USE OF BUILOINGS I{OW ON
PARCEL-""'*'lloTffni*o NO. OF BUILDINoS ot'l
!48SEL-
CPNST. TYPEocc.GR,
ADJUSTED VAL.tVAI.U^TloilOFWORrc $11
,
(t,^, - ,n.Itr,t o
los. ??
sPECrql CONolTloNs5?" 4' It'
OAIE PERMIT ISSUED E -AqlWATER,Tr"n
Nor REqTREDREcEIy€PREoUIREDSPECTAI. APPROTAtS r'zoNl$lG
HEALTHOEPT.
FIREDEPT
SOIL REPORT
SETBACKS
FLOOOHAZARD
MANUF. HOME
442oo6b- "-raL;;#s15
NOTICE
SEPARATE PERMITS ARE REOUIRED FOR ELECTRICAI. PLUMEING. HEATING,
VENTILATING OR AR CONDTTIoNING.
THlsPERM|TBEcoMEsNULLN.lDvalolFwoRKoRcoMlTRUcTloNAl.JTl.loRlzEolS
r,rOi Corrtr',reNCeD WTHTN 1s0 DAyS, OR tF CONSTRUqTION OR W9RK lS S1JSPENSED
6i neeruooHeo FoR A PERtoD oF l8o oAYs AT ANY TIME AFTER woRK ls
COl,lMEl'lCEO.
ANDAPPUCATION KNOWANDREADTHISO(AMINEDTH,qTCERNFY HAVEEREBYH OROMI\rcEsA}.IDLAwsPROVISIONSOFAl-LTRUEEECORRECT,ANDSAMETHETO
WHEIHERVJITH SPECIFIEDOFTYPEWLLWORKCOMPLIEDBETHIS@VERNINGTOPRESTJMEON/EADOESPERMITNOTOFORNOT,GRAAITINGTHEHEREIN 'ATEST OROTHEROFrEMOLA'ORTOAUTHORIIY OFl-AwLOCAL
Conuaanof oa iuthortsed
PlannlngBulkllng
pt 47r.07 /Sr/ :ftq7y.zt
I
JEAN'S PRINTING @oozu t /ug/u3 IYEI, 09: lJ t'A.tr 970 6'25 2554
July 08, 2003
Sincerely
Fred Frei
02E7 Mid Valley Dr,
New Castle, CO 81647
USA
Home Phone 97C87S2805
To \A/hom lt May Con@m,
Because of personalfamily business, I am unable to attend the meeting conceming the David Miller
subdivision. tt is my concern that the density of the subdivision is not compatible to the rest of the
neighborhood. All ;f the sunounding properties are five or more acres. t would like to see this remain
the same. There is only one well on-tnis property. How will one well provide for sixteen houses? This
hardly seems enough for household use, let alone any livestock they may h'ave.
As president of the Ward Reynolds Ditch Company, I have great concem about the use of the ditclt
w"ier, Mr. Miller did not calt me to discuss the water system until Monday, July 7 , 2003, only two days
before the meeting. There needs to be an agreement between the Ward Reynolds Ditch Company and
Mr, Miller. The water from the ditch is used for inigation and not meant for fire proteclion or any other
use. The ditch does not run year round. I told Mr. Miller of my concems. Two days is not enough time
to discuss all of the problems of water concerning this development. A lot of people have water rights on
this ditch who will be impac-ted by any other use than what it is intended for. An agreement needs to be
in place before approval of this subdivision.
%/E
Fred Frei
. THIS DEED, made this
--
day of February' 2002' between Thomas Bradtke of
the County of Garfield *a m" s,u," or co-to*ao, g'""."', ""a ^ryb.I Y Regulski, whose legal
address is P.O. Box 9, nin"'lJ"t'a" gleSo' ottil County of Garfield and State of Colorado'
gfantee.
wlTNEssETH,thatthegrantor,forandinconsiderationofthesumofTen($10)
dollars and other good *; ;;L;i" "orriia"."ti*, th" r"""ipt antl sufficiency of which is hereby
acknowledged, t * ,"*irii, .JJ"J, ."ra *a qut Crervrtp, an<l by these presents does remise'
release, sell and eUIT C;;M ** ifr" grantee, h;t-h"itt, st'""tssors and-assigns' forever' all the
{ght, title, interdst, ct"i*-*Ja"mand w6ich the gr*iort * in and to the following described water
right:
Allwaterrightsappurtenantto,useduporr,andconnectedwiththepropertydescribed
on Exhibit A iJffi;; b't not limited to: 1) Ward and
-R9ryo-lds
Ditch' under
priorityNos. zz,iof,,iound 166-0with-decree dates of 1888, 1933, 1939 and 1969;
2) the Johnsto, ?ilP;;;i1t1" 91"1a-* Ditch' Pump and Pipeline adjudicated
inCivilActionNo'W-2759,GarfieldCounty'Colorado'-withDecreedatedofl9T5;
and 3) the domestic well on the property and well permit therefore; and
ThesundmacherDitch,whichwasdecreedonDecember3l,lg83,inCaseNo'83
cw 95, District courtln and for water DivisionNo. 5, State of colorado, for 0'15
cubic feet per second with an appropriation date of April 6' 1979 '
.ToHAVEANDToHoLDthesatne,togetherwit}raltandsingularthe
appurtenances antt priritegei th"reurrtg belonging or in anywise theleulto. appertaining' and all the
estate, right, title, interestind claim whatsoeu"'' of th' g'-*to'' either in law or equity' to the only
;6;;, t"r"n, and behoof of the grantee, his heirs and assigns forever.
.INwTrNEssWHEREoF,thegrantorhasexecutedthisdeedonthedatesetforth
above.
f1**Be*r-
Thomas Bradtke
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me on this lEt^day of
2002, by Thomas Bradtke.
my nana and official seal.
My commission expires:
lrf,otary Public
lgr
Wright Water Engineers, lnc.
BIB ColoradoAve.
P.O. Box 219
Glenwood Springs. Colorado 81602
1970],945-7755 TEt
1970)945-92t0 FAX
1303) 893- l 608 DENVER DIRECI LINE
July 9,2003
Via Hand DeliverY
Steven M. Beattie, Esq.
Beattie & Chadwick, P.C.
932 Cooper Avenue
Glenwood SPrings, CO 81601
Re: Gilead Gardens Subdivision Application
Dear Steve:
At your request, Wright Water F,ngineers, Inc. (WWE) has made a cursory review of several
documents relating to-the Gilead Gaidens dubdivision Application to Garfield county for a nine-
lot subdivision, which includes nine primary single-family residences and five accessory
dwellings. The Boundaries unlimited, inc. lliounalaries) water supply report dated March 7,
2OO3,indicated an average of 3.5 residents peiunit. At build-out and full occupancy, this-should
equal 49 residents (the ilan calls tor 4i p.tirg spaces). Boundaries proposes a central water
supply system, ttrus it ctearty falls within the iequirement to be classified as a "public water
supply system" as defined uy ttre cotoraao pepartment of Public Health and Environment in that
it serves more than 25 peopie. we did not find in any of the documentation where the developer
proposes a public *ut.r-rupply system. The central water supply should be developed'
maintain"a,-dop".utedasaregulatedpublicwatersupplySystem.
The developer proposes to treat the water only by chlorination. Based on the depth' location' and
hydrogeology of the atea, additional treatment may be required' we recommend a
microparticurate analysis be run on the existing well to dgtermine if the water is "under the direct
influence of surface water". If it is, additional treatment will be required'
wwE believe it would be prudent for the developer to go to water court to obtain a decree for
the project,s proposed ponds. Before the County giveJapproval fo1 $e project' we believe it
would be desirable to have an agreement between ihe deveroper and the other ditch owners on
how the direct flow irrigation rights will be effected and how the ditch will be operated in the
future for the benefit of the Pond'
currently, the development has a water contract with the west Divide water conservancy
District (WDWCD) with an approved temporary water supply plan' This temporary plan must
be replaced by a perman"rt, .ourt-decreed water augmentation plan for the well'
DENVER (303) 480-l 700 DURANGO l97ol 259-741t BOULDER - l3O3) 473-9500
We believe the above-discussed issues should be addressed prior to final County approval of the
project. If you have any questions o, *urt us to review the project in more detail' please do not
Steven M. Beattie, Esq
July 9, 2003
Page2
hesitate to call.
D:\Work\WWE\99 l -99.87?\Gilead Application'de
Very trulY Yours,
WRIGHT WATER ENGINEERS, INC
By
WilliamL. Lorah, P.E.
Senior Consultant
WARD REYNOLDS DITCH COMPA]VY
0323 Mid ValleY Drive
New Castle, CO 8L647
September t2,2003 REGEVED SEp 1 Z Z0gg
Board of County Commissioners
Garfield County
108 8th Street
Glenwood Springs, CO 81601
Re: Gilead Gardens Subdivision
Dear County Commissioners,
Ward Reynolds Ditch Company is a Colorado non-profit corporation. The Ditch
Company holds iitl" to water and water rights and ditch and ditch rights in the Goldman
Ditch, pump and Pipeline and the Ward Reynolds Ditch, and operates and maintains
these ditches for the benefit of the shareholders. Our Articles of Incorporation and By-
Laws are included in your packet for Gilead Gardens as part of Exhibit L'
David and Renee Miller are shareholders in the Ditch Company' A portion of the
Ward Reynolds Ditch flows through their property, which would become Gilead Gardens
if their aiplication is approved. The Ditch company is confused, frustrated and
concerned about this application.
The only allowed use of the Ward Reynolds Ditch is for irrigation. This is clearly
established in the Articles of Incorporation and in rulings, decrees and agreements of
record.
When the Gilead Gardens application was presented to the Planning &Zoning
Commission in July of this year, the applicant's plan was to use ditch water to fill ponds
for irrigation, fire protection and decorative purposes. No agreement was in place for this
to be done. Representatives of the Ditch Company appeared at the P&Zheaing to object
to these uses of the ditch without appropriate water court decrees and an agreement with
the Ditch Company. The Planning &Zoning Commission imposed a condition to be
satisfied prior io the Board of County Commissioners hearing. This condition required
th. uppti.*t to -ake all necessary filings, reach an understanding with the Ditch
Company, and demonstrate that Gilead Gardens is legally entitled to use the ponds.
Later,members of the Ditch Company heard that the applicant had changed the
plan. As reflected by a letter from the State Engineer dated September 5,2003, which is
-Exhibit
K in your packet, the new plan proposed to filI the ponds through both ditch and
well diversions. The State Engineir noted that "the applicant has not obtained a decreed
water right for such diversions," and suggested that the applicant seek an agreement with
the Ditch Company. The letter went on to say that "these water rights [that is, the Ward
Reynolds Ditch] may not be used to fill the ponds." The applicant did not approach the
Ditch Company for an agreement.
As of the day before yesterday, the plans were apparently changing again. See
letter from the State Engineer dated September 10,2003, added after your packet was put
together by the Planning Department. It is hard to tell what the applicant's current plan
is. The letter says that recent e-mails from the applicant now state "that ditch water will
only be used for irrigation, and that although the ponds will be used for both fire
protection and irrigation purposes, firefighting and evaporation water will be diverted
&om the well to the pond..." Does this mean that "irrigation water" from the Ditch will'
be diverted to the pond? If so, how much and when? How does anyone know what will
be called "irrigation water" and what will be called "firefighting and evaporation water?"
The letter goes on to say that additional well permits would be necessary, but that "no
well permit applications have been submitted for review by this office, and there is no
guarantee that well permits can be issued."
In summary, it is uncertain how domestic, irrigation and fire protection water
would be supplied, and whether additional necessary well permits can be obtained. It is
uncertain what modifications and uses will be made of the Ward Reynolds Ditch. It is
certain that there is no agreement in place between the applicant and the Ditch Company.
The Ward Reynolds Ditch Company asks that this application be denied unless
and until these matters can be thoroughly and clearly addressed and resolved.
Thank you.
WARD REYNOLDS DITCH COMPANY
Frei, President
l(,h,hefF.
&f*N-l/t c,
H. DuBois Sr., Vice President
King
BEATTIE & CHADWICK
ATToRNEYS AND COUNSELORS AT LAW
932 COOPER AVENUE
GLENWOOD SPRINGS, CO 8'I 60 1
STEYEN M. BEATTIE
GLENN D. CXEOWICT
CYNTHTA C. TESTER
MITCHELL S, FIANDALL
TELEPHoNE (97O) 94s4659
FAx(97o) 94s,671
September 12,2003
Board of County Commissioners
Garfield County
108 8th Street
Glenwood Springs, CO 81601
Re: Gilead Gardens Subdivision
Dear Commissioners
This firm represents Witliam H. DuBois Sr. and Donna M. DuBois. Mr. and Mrs.
DuBois reside at 0405 Mid Valley Drive, adjacent and to the west of the property which is
proposed for subdivision as Gilead Gardens. In turn, Mr. and Mrs. DuBois represent the
interests of thirfy-tuo (32) neighbors who are the owners of twenty (20) properties in the vicinity
of Gilead Gardens.
Mr. and Mrs.DuBois. and the neighbors whose interests they oooose the
vlslon as
the subdivision. as presently presented. be denied. If the Commission should approve the
subdivision. the.'l believe that several additional conditions of approval should be imposed. as
addressed below. However. thelr uree that denial is the correct action.
Enclosed with this letter are the following documents:
- Petition letter dated July 3, 2003, stating the positions and views of Mr. and Mrs.
DuBois and 30 other neighbors (the "July 3 Letter"). The text of the July 3 Letter is identical to
Exhibit W-l submitted to the Planning and ZoningCommission on July 9,2003, which is part of
Exhibit CC in your packet. However, the enclosed letter contains the signatures of seven (7)
additional neighbors after the name Donna M. Meade, who have signed following theP&Z
hearing.
- A typed list entitled "Neighbors of Gilead Gardens Subdivision - Detail of
Signatories." This typed list more clearly identifies the32 neighbors and taxpayers who believe
that Gilead Gardens Subdivision, as presented, should be denied.
- Colored map identifl,ing locations of the neighbors have signed the July 3 Letter.
Mr. and Mrs. DuBois urge that the Commissioners consider this map carefully. All of the
surrounding private propert), owners. as well as other neishbors in the County Road 335 area.
object to the project as proposed by the applicant! These are the people who are most
knowledgeable about the impact of the proposed subdivision, and most affected by those
I
Board of County Commiss irs
September 12,2003
Page2 of 4
impacts. The enclosed map is similar toP&ZExhibit W-2 (Exhibit CC in yourpacket), but adds
the properties of the additional signatories to the July 3 Letter.
In addition to the enclosed materials, Mr. and Mrs. DuBois respectfully request that the
Commission carefully consider P&ZBxhibits W-3 through W-7, part of your Exhibit CC, as
submitted to the Planning and,ZoningCommission. They also request that the Commission
carefully consider a letter being separately submitted by the Ward Reynolds Ditch Company.
SUMMARY OF OBJECTIONS
The densitv of the Gilead Gardens Subdivision is consistent with the
neishborhood.
As addressed in the July 3 Letter, the proposed density of the project is substantially
greater than existing density in the neighborhood. The applicant proposes creation of nine (9)
lots with authorization for frve (5) accessory dwelling units (ADLI). The proposal would qeate a
density substantially greater than presently existing in the neighborhood. As shown by the July 3
Lettel the mean size of the properties identified near the proposed site is 6.5 acres. With ADUs,
Gilead Gardens would create density of one dwelling per two acres along the westerly boundary,
near Mr. and Mrs. DuBois and other neighbors to the west.
In the present era of rampant development in Garfield County, it is essential to preserve
the character and qualities of existing neighborhoods. In this area of County Road 335, the
character is low-density rural development. The Gilead Gardens development would be
inconsistent with the character of the neighborhood. This segment of the Colorado River
Corridor presently provides unique characteristics of open visual corridors, wildlife migration to
and from the river, and a rural "feel" for people living in and passing through the area.
Mr. and Mrs. DuBois, and other neighbors, believe that "allowable densities" should only
be a starting point when considering development in a unique area such as this one. If the
development would adversely impact neighbors, as these thirty-two (32) neighbors signing the
July 3 Letter believe is the case, the Commission should'carefully consider all available
remedies, including denial, to preserve the character of the area.
2. Water and fire protection m
Please refer to the July 3 Letter, the separate letter being submitted by the Ward Reynolds
Ditch Company, information in your packet from the State Engineer, and the July 9,2003letter
from Bill Wright, Wright Water Engineers, Inc., in the record as Exhibit W-7 (your Exhibit CC).
Legitimate questions exist. and must be resolved. regarding the quality of the
development.
Mr. and Mrs. DuBois, and other neighbors with whom they have spoken, like David and
Renee Miller, the owners of the property, and wish them well. They have no personal animosity
J
Board of County Commiss, rrs
September 12,2003
Page 3 of 4
to Mr. and Mrs. Miller. However, based upon past experience, they are most concerned that the
Gilead Gardens project, if approved, (1) may be partially constructed but not completed, leaving
the properfy in a disturbed state; and (2) may be undertaken on a cost-cutting basis which will be
unathactive and cause a reduction in properly values in the area.
Emphasizing that this is not intended as any personal criticism of the applicant, Mr' and
Mrs. DuBois believe that it is important that the Commission consider several matters reflected
byphotographs included as Exhibit V/-3 to the Planning andZoning Commission record (your
Exhibit CC). The pictures proceed from west-to-east along the subject properfy.
The first set of two pictures reflect mounds of earth, covered with weeds. These mounds
were originally constructed as a BMX or motocross course. Neighbor Lori Harris, a neighbor to
the west and one of the signers of the July 3 Lettel testified at the P&Zheaing that one or more
vehicles was buried in the creation of these mounds. The pictures also show a ramp in a state of
disrepair. These pictures, by contrast, also show the character of neighboring properties, irrigated
and green, to the west.
The second set of photographs shows the "straw bale house" on the west end of the
Miller property. The appearance and quality of construction are substantially different than other
homes in the neighborhood. Dead weeds predominate, and there is no apparent landscaping.
The third set of pictures shows the substantial presence of unkempt weeds across the
center of the property, and the fence in the area which is in a state of disrepair. In the distance,
the pictures show an excavation operation which was commenced by the applicant, apparently in
the advance creation of ponds which the applicant hopes to construct on the property. No permit
was requested or obtained for such excavation, and according to information provided, the
operation was stopped when it appeared that the applicant was conducting an unauthorized
gravel business.
The forth set of photographs is the applicant's own home towards the east end of the
property. The photographs show a rough dirt berm, and various items of debris.
Mr. and Mrs. DuBois honestly worry that the same kinds of problems, on a greater scale,
will exist if Gilead Gardens is approved. From experience, the Commissioners can take note of
other projects in the County which were started but not completed, or done in a way which
reflected severe budgetary constraints. What assurance do Mr. and Mrs. DuBois, other
neighbors, and the public have that this will not be the case here?
4. Other considerations.
Please refer to other considerations set forth in the July 3 Letter, as signed by thirty-two
area residents representing twenty area properties. In addition, since that letter, West Nile Virus
has become a critical health concern. Area residents do not want stagnant ponds next door as a
breeding ground for the virus carrier.
Board of County Commiss, -irs
September 12,2003
Page 4 of 4
REOUEST FOR DENIAL
ALTERNATIVE SUGGESTED CONDITIONS OF APPROVAL
Mr. and Mrs. DuBois, and other neighbors whose interests they represent, respectfully
request that the Gilead Gardens application be denied as presented. They believe that the density
should be reduced, water and ditch considerations should be thoroughly evaluated and resolved,
a method of quality assurance should be established, and the other concerns set forth in the July 3
Letter should be addressed.
h the event that the Commission should approve the application, Mr. and Mrs. DuBois,
and other neighbors, believe that several conditions should be required, in addition to those set
forth in the staff report, as follows:
A. Accessory Dwelling Units. In order to preserve the character and density of the area,
ADUs rholrld b" prohibit"d, or, if allowed, constructed only as a physical portion of the primary
residential unit on each of the nine lots.
B. Security for Improvements. Applicant should be prohibited from commencing
excavation or other activities affecting the land following preliminary plan approval, except upon
posting of adequate security to assure that all improvements will be fully constructed in
accordance with all applicable standards and plans.
C. Straw Bale Houses. Additional straw bale structures of the nature shown in the
photographs should be prohibited.
D. Landscaping and Screenins. A comprehensive landscaping and screening plan
should be.required along the westerly boundary of the properfy, for the benefit of neighbors to
the west.
E. Protective Covenants. Applicant should be required to add a provision to the
protective covenants, to be filed for record, that the covenants are for the benefit of the
neighborhood and community, as well as the developer and residents (as stated in Article 1 of the
proposed protective covenants), and that the covenants may be enforced by any effective
member of the public.
very yours,
Cc: Mr. and Mrs. William H. DuBois, Sr
S M. Beattie
.luly 3. 2003
Gart-ield County Planning Conrrn ission
I08 8'h Street
Glenwood Springs. CO 81601
RE: Gileacl Gardens Subdivision Application
Dear Cotnmissioners:
we are writing to express our collcerns about the proposed Gilead Gardens Subdivision' v/e are
property o*,.,.i, living near the proposed site and treasure the quality of our existing neighborhood'
As can be seen from tlie attached map, the ploperties near the proposed site range from 5'25 to 4J '9--*
acres with a mean ac[reage of 6.5. The proposed Gilead Garden Subdivision contains 9 lots of
which 4lotsare jr-rstou.riacres.4lotsarejtistover4acres,ancl I lotisTacres: Slightlylessthan
orre lralf of the l-acrelot. ho,,vever. is beyond the steep slope down to the Cololado Rivermaking
the effective lot size closer to 3.5 acres. As notecl in the Staff Report. the Comprehensive Plan for
the Town of Silt recornmends a maximlur average density of 15 acres per dwelling urrit tbr
clevelopments witl-rin the Tor,vn's tluee-mile sphere of influence but outside its r-rrban growth
bor-urdary. Based upon the tbregoing, we believe that the number of lots should be reduced to -l or
5, each with a lot size consistent r.vith the neighborhood.
Aclditionally. we have noted several pro bleprs with the proposed water supply for the subdivision.
First. tlie preliminary plan addlesses two irrigation/fire protection ponds to be built on lots 8 and 9
The ponds are to be 10 feet deep and approxirnatel y 0.5 acres in size.The ponds will be Pernlallent
in nature and w'ill be used, in Part to provide the 100.000 gallons of r'vate r needed for fire protection.
The preliminary plan states that the ponds are to be filled with r'vater from tl're "ditch rights in the
Goldman Ditcl'r, Pump, and Pipeline adj udicated in Civil Action No. 27 59" and "in the Ward
Revrrolds Ditch No. 17 under Priority Nos. 32. 1045. and 1660[.]" (Attached are the Ruling of the
Ret'eree ip W-2759 a6d the Decree tbr the Ward attd Reynolds Di tch No. l7 for Priorities No. 10.
32.None of these documerrts allow tire use of the ditch water for anything btrt irrigation104.)
d t'l
In fact. such a change 01'use would need
approval of the Water Cottrt aud "vottld
likely be o pposeci bv other owners of these ditch rights
Seco,d. the ponds are unsarislactorv lbr l'ire protection. The poncls will obviously freeze in the
winter and the availability of rvat., u,,lill then bequc-stiorrable. Fr.rrther. tlie prelirninary plan does not
, lifit''s
: l't-
the
i0
ur.l
t
,,\r
,')
5
tro
acldress any of the salety issues or operationerl plarrs lbr algere cotttt'ol. etc. The ponds obviously lvill
create a significarlt zultount ol'clanger to local children who nray be attractcd to play in or near the
poncls.
]'hircl. tlrere are several inconsi.sterrcies lretween tlre Water Supply Report. the proposed covel]ants.
ancl tfie ope existing Well Permit that,,voulcl afl'ect water Llsage calcirlatiorrs. Specifically. the
proposed covenants inclicate that irrigation shall be linritecl to 4.000 sqLtare leet per Iot. except lot
6 whicI is Iimitecl to 2.000 sqLrare f'eet. (Covenants at p. I l). They also provicle lbr 3 horses per lot
1277 ancl one SFD on each lot (9) with ADUs orr 7 ot tlre lots. (Covenants at pp. 8.) The Water
Suppli, Report inclicates that tlie water calculations are based Lrpon I ,000 square ltet of irrigation fbr
each lot, I 8 horses, one SFD per lot (9) and 5 ADUs. (Report at p. I .) Tlre Well Permit is limited to
8 SFDs anc) 7 ADUs. irrigation ot' 1.200 sqLrare feet per lot. and 2B liorses. l'lie discrepancies in
tlrese nunrbers raise seliours questions about tlre accuracl,'ol'tlre watet'calctrlations.
Finall1,, we the fotlo,,ving concerns regarding a variety ol'other eletleltts ol'the proposed Gilead
Garclen Subclivision: 1) The proposed covenants pLrrport to restt'ict ntineral clrilling. however, 507o
of the lninera.l rights are ow,ned separatell,fi'orn the surface rights: 2) 1-lie preliminary plan proposes
to cover the surface of tlie two cr-rl-de-sacs with gravel. howeveL. the amount ol'dr.tst generated fronr
the estimated 1 l5-120 trips per day will become a nuisance to neighbors: 3) The water runoff froni
the hillside and the qravel pit on the southern side of C.R. 335 is sigrtificant and flows across the top
of the road otito the property. The preliminary plan does not adequately adclress the drainage issues
op the proposed site or the need to install additional culverts lbr clriver safety on C.R. li-5; 4) The
plan cloes not acldress stop signs or other traffic control devices at the cul-de-sacs intersectioti rvith
CR 33-5 as well as the neeclfor access permits; 5) Tlie prelirninaryplan cloes not contain a disctrssion
of a weecl supplession bond; 6) The prelir:tinary plat does not indicate well or septic locations with
respect to the building envelopes. The location of the septic system is especially relevant with
respect to the Lots closest to the Cololado River due to pollution collcen'ls: and 7) Tlie buildirig
envelopes for the single family clwellings and the accessory dwelling uuits on Lots 8 and 9 appeer
very clbse to the slope to the Colorado River bank and overlap the irrigation / fire protection ponds.
These building envelopes also impact erosion of the slope as identitred irt the FIP Geotech repon
Wc. ask that the Plalpipg Commission tal<e a careful look at tlrese issues and considel the impact of
the proposed subdivision on the neighborhood. Perhaps a decrease in the total nttmber of lots 'a'ould
allorv the applicant to more appropriately lesoh,e oLrr conceurs. Thank yorr fbr yotrr cousideration.
Sincerely,
/Crr-1il
0 "f ?
I
1..
,lSlr.er r"1
.44_,
ol
Oo fi< s-
^ ,/'),4.,lr-* U,DU"Er ,k/,'c 0,
/sJ / 0? -#s ,4* A"f/., C
/s3/ c
U
MO
R sss ?/-*ffi
tuz/ 4/4d, trt&l&',?,n,,
/qfo 0< 3U r/-e..
o-yd
'o-u-ln I
/q@ kgr tu),c ofrb+r
o0o? 355?'0 ilhrL. (0
sr4 c/l- ilt ,,il,d-)CD r,rflno*
-_
osql cht 33f v c, cD e I b1-)
o>L9 MrN vx*e\ bt- ?k{l
rs .b.
-/-/.rrluo 7'**o aQtu:
30.^- /+n/uD t011
/f ry fid( J//
/fty R4Jrr
Crse 5 [1o, Catiln Colo.glL4')
I
040s ru;)b,r
\
q7
CObu&'^0/05 f/o
\\\NN"oaq.sSDsrs k*",RL.=
((=3o* tu q\
E**- /23 g /{ s3{-€H .f7
-/ t/
0 A3d /"?'(or{ }
,{-k_
) ,"' , '''
tLL tC r/
fr , /7-
L C.i
L/t)€ t.,
7
66
p)8
;7f A/(,,/ 7n,7// /, , ,-
)t/* " ft> //' r!
t4,a ttn)L,1r /D< ilo,,*^anh- C- K)(l()
Le- j1< N'A,-/ c'*.><c€ eo 9lbc{7
I
|.\_(l
PY ?=Pooo't:P '-t{
c G e ,i Z3,9,Fg$ B3i;
{G *lo
-J ls
+A
H -B MINOR SUBDIVISIO rSO G ':)
e ul (j;r crl €.J;
F
21 t2+-OO-262
21 79- 1 73
:'l\\l s-_9 L 9r
$F)'rt-i<'rt
(Jnl
q96?a.)'9
N
-554
S
'e
tc
I
=(c
N
Nc
Gl Ir L=.tt4rl5
Io+
2=a
?0,*
N
IIo
r
@
@
@
0
@
-T
6\\v
@
@
Ii-
/a
(o
0
AR-l'J-Z0oz I 3: Z3 iRoM-D I Y5f{A lLiiEs
rN THE I'TITTER OF THE
iOR rar-ATER RIGHTS OF
IN THE DI5TRICT ,COTIRT IN A.}TD
FOR WATER DIVISTON NO. 5
STATE OF COLORADO
Applicatrion No. W-e'qoq Z 75 q
APPLICATION
RULING O REFEREE
rai- | '-.- --.:- L)
i.{ v'r u\'l'li,:.i. (:()UP-T
Divlsrr:o I'Io- 5
l,i 1.ir: 2 ;: i9/n
A7: Q o RADO
\.JA:raf, c'..'dI
Il
i
)
I
t(
l
I,
)t
)ONAI-D K. GO.I.D},IAN
IN THE COLORADO RIVER
eerl
r-N GAR.FIELD COUNTY
The above entriEled. applica.trlor:. was filed orl JuIy 3I, L975, and 'was
:eferred tro Etr-e Llrrd.ersLgned' a.s WaE,er Referee for Wat'er Dirzision No' 5'
;tatre of Colorado, by trtr.e Wa-te.r Judge of se.id Courtr' oz1 trhre Istr day oE
ru.galsE, Lg75, i:l accorda.nqe wilh .4rEicle 92 of, ch'a-pter 37, Colore-do
le,rzise<l Sca.-ur:tres Lg73, k-owrr a.s TLre w'a-E,br Rigtrcs Dece.ruirrat:'ozr and Admir:'-
-srratr1on Act, of 1969.
-4I1d trhe uIldersigned Refere,e ha.rzing m.e.de such i-ntzest'iga'trions as are
re.es sea5r to det,e:o.irre wi:e,trirer o:t notr trhe statremeDtrs in t'he' applica--iott
r=e, tr=rf,e aned. traving becorae ftllly ad:z:Lsed rs'iCLr respectr tro Uhe sr:bject mEtr-
;e,= of the. applice.t,io:r d,oe,s }:.ereby me.ke trhe followi:rg detrermine'tiozr anrci
uJ.ing a.s ahe Referee ire elris matrEer, tro-rvitr':
1.Th.e'stratemerrtsirrCheapplicatsiorraretrru.e.
Z. TFre rrarne, of th.e strru.c,t.u:re is Goldsran Dicctr. Pump arr.d Pipelazz.e-
3. T-l.re' r:ame, of t'h.e cla.j.marrt, and address is Donalc K. Goldmerr;
'qw C: qtle , Co].orado '
4- The source of trhe wat'er is trhe Colorado R'irre='
5. Ttre poi11tr of dirrersion is locatred in the fiet S1'I* of Sectriorr L2'
.65., R-92\.7. 5f-Lh.-aqh-q.M:-;tr . poi.E-*rr.o". ttle l'Iortrhw-estr Cor::er of
iia Se.ccicn fl-U"r-i=-Nl 35o 48' 51",W. 3,86L.25 feeu'
6, Ttre, use of trhe watrer l-s 1rri.gatrion'
7. Th.e de.tre of initsia-r,iorr of appropriatrio:r is Ylay 23, 1975' by
ur\7ey.
8-
?s,orrd o
9- fhe projectr has rLot been colrlstrrr:ctred
.ipf i"a-t5-uEnef iciaJ. lls e'
and r.he watrer tlas rxotr' Yet
The aruor:ntr of watser claimed,is 7-O cr:bic feec of watr'er Per
f c jJne, cor:ditrional- '
10. TIee. aPPlicant Pi-erli"n N. 85o- 46'w. !?-iG-i;;ii diameter PiPeri
ItrcLr"
Pos es
f ee,trs. o8
wa.Eer wil]- be, r:sed as srrpplemerrtrary wa't'er
applic.anc's }.and.
ro
2
co]3sErllctr a ditrchr f=om- ctre pointr-o5----
Dump sitre, .rra PumD tr-lre'.watrer trIarougta
, - E- - g56 f eeu'^Eo';H-" I^i.ard snd Re]rnolds
tol
Eo a.o L')
II.
.c:ce,s of
fLre
t.he,
tro irri-gatre 397
-.. . .zu!L
\!r i.J.:;/'*t;Y
- .!! af:.L,:://
:i.orr
:irtre,
IJiLO rrsM-9r vftrAlEKES urus458t4t T-I:5 P,002/004 F-Z3l
TLre Re,fe,ree does E,herefore corrclude Ehatr chre abo,ze eneieled appli.ca-
sLlor:Id be granred arrd tha.c. 7.o cr:bi-c feec of we.tr,er per second, of'l
-+th a.PProPri.aEion da.E,e of Ma.y 23, Lg75 j-s Lrereby ewarded. con4ltriorr-
tLIy tro E.he Golciman Dicci: Pump and Pipeline for- irrigation r:se provided
rlr^ra.ys E,ha.t, said 7.o crrbic feetr of watr,er per second of E,ime, is orr ttre,
ozrditiorr th.a-t. sa.id quancit,y of wat.er be applie.d. tro a. bene.ficia.l \Lse
'lEhrin a rea.sorre.bre. E,ime; srrbje.cE,, howe,wer, Eo arr e,arlie,= pri-o=iEy
igl:ts of, otrtrers and tro che integratr.ion and cabr:l e.cion by Ehe Di.zision
ogirreer of sr:ch priorities and changes of rigLrts in a.ccorde.rrce witl:. le.w.
Applicatiorr :-or a. qr:a.drerrrria.l findi-:eg of rea.sonable diligenee. sha.lI
= fi1ed in Norzember oi L979 and irl Norzember of every fourch calendar
=a.r E,I:ereafter so lorrg as cla.imarrt desires to mainE.ain trhis condit,ional
lcer right, or uzrE,il a. dete,::mination ha.s beerr ma.de trLraE Ehis condj-tioreal
Itr,er rigtrtr Lras become. arr a.bsolute \rat,er righc by reason of E,I:e c:omple-
-or1 or- Ehe a.p1>ropriation
IE is a.ccordingly ORDERED t.ha.tr chris rr:.]-ing sh.a.II be fj-].ed, withr cLre
r-Eer Clerk a:rd' sha.l1 become effective rrporr srrct: filing, sr:bjectr tro Jud,i-
.a.I re.rri-e,o, pursrrarrt tro Sec.trion 37-92-3O4 C?.S Lg73-
It is -fi.:rtrtrer OP-DERED eha.c a cop;r of trhis ruJ.5-ng sha.J-]. be f].leC wigh
e a.ppropria-re DiwLsio:e Errgirteer a-nd E.Lre strat,e Engineer-
Done atr, t,Lre cr-Ey of Grenwood springs, cororad,o, t.his78:4 da.'v of ./L4€,.V BFZ-
ilo F=o-.est ?as ft].od 1n thls ;a--Lci
ftre forsEc.l::g :'r:.11n8 13 coni'l-raod
and epproweC, aEd 1s trleds th€
Jud6Eo:at e=C Deoree of LhJ-s cou:et-
Le7 {
BY TEIE REFEREE:
a.E.eree
T)at ed: t7'a/.,.r ;r,.',!;2<t." ./ cr'....:
\^7a.t,er
S Ea.E,e,
Dj-vision No. 5of Colorado
,rL'./-t
r er Judrio
.\.
\R-1..1-2002 l3:28 FROM-D I V5vtATERES
(
u I uu436 t 4 t t-t q"
'r\..<;
DY
:iI T:{E i4.4,TTEP. OS TliE APPLICAITOI\I.O= IiATE?. RIGH?S OT
)OiJALD .K. GOLDIIAT.I . .I.ii TIiZ COLORADO RIT/EP-
:}i GA.R]IELD COU}ITY
N.ULT}IG OE' FEFEF.EE
Tne abcve ent'r Elad a-pplrcat:-on '.ras flled o:r .e-ugustr 23, 1973, and '.vas
efer=ed. tro the uncle=sagneci as '.'Iater 3e:-e=ee for l.;aEer D1vLsl-on lio. 5 r.
?aXe of Co]-craCo, bi't]ne lizt,e=.t-uoge of s=<E Cor5ts on tl:e 5ti: iay of.:epteraber, :-gTe, 1rr acco=ci.a.nce ''w1t:-r -q.rticle g2 o:'- Chap'ie= 37 , Cclo=ado
- . . .. -! :' 'a . , , . serzlsed. Sta-tutes L973, k::c',vn as Ehe t'Itr.tr=r P,J-5trtrs Deg'e:::a-r;lat{ on a;rC
CnLna6E=atrl on Act of \9,59 .
And the u.:eders{ gned. F,eferee \a-.r' rtE. r.a-rle. such j-nu+SEl-Ea-tr:Lcils as aT9-
ecessarll ao dete=n{ ne '..r::ether or not t!:e . stratanents j-n the app3-'t catrq on..
re. Errre and. havanE beccme fu).J-y advLsed wi-th respect iotrhe subJecE m.atEer
f o]-io,.vang Ceternr natrl-cn a;ad rualng
s tbe Refere5 l.n tsfr1s matte:r'to--.'ri-.E
I,'J ,T:i= DIS?F.TCT COURT IN..P.i.iIJ
aoP- wATE.l DTr/rSIOtI I.rO - 5
sT-cTE Oir ccLoi:.!.Do
F-ppIl-cacj-.rn i,io.';t-27)9-78
r- t,he app3-'rcacl-on Coes hereby Inake' Ei:e
Tne sta-ter'e.nts Ln the " app].'l catj-r:n...a=-- .true.
?he rraine ot- th,e st:r':cture {5 Gol-d-rnan DlEeh ?unp
?he narre of
"he
claJnant an:d address '{s: Donalc
O53O Cteunty F.oaC 335; ]'Ier.r CastIe, CoJ.orad.c-
Ehe sou.:.ce of the -.{auer {s the Co]-o:-ad.c P.Lwe=''
)
)
)
)
)
)
)
FILED
It$ 1-'/ATER COIIRT
-T;jrri=:-cn.r\irr. 5
J UJ 2 Ai973.
COLORADO
,LR
and ?3-peAJ-ne -
K.. CcAdman;
l.
2.
3.
\,
o
The Dor{nt ci. d.'r wersron l-s l-ocatecl 1n the l"rE L/lt Stn L/4 or' Seccloa
i;: i:-45 . 1- r, - 9z '..i. o:- th;- ai:-'- e , il - as a 99lrr!_ ryhence t,he North-
-,res E, corner of s=-{ d. .sectaon L?- Sears }i. 35448'51!; i'r'. 3,361-25 fe'eE '
o.e riows-.nbe=. 2e ,'i'g{gT* '"# r;zl:;q!r.-= ror '.uarar D{ vlsr-on Nc - 5
a.;ra:i=d. to trh= Go r ,ir.r'i-n D1t ch il-rl:.rp anrl P1pe11ne , & - ccndatrI.ooal-
lla-treT 1';!-5hE for 7 -O cublc feeE of uaXer ter second of Eame,. ?o
be used f.or arrage-t1crt, '.'rj-thr a,., .pp=op=iiiion cia'te- or- i'Iay 23' -197''The clal-;:lanE "ya-s d.arecEed to :-l-l-e- an applr catrlcla fo= -qua.d'=enEaaailnarn6 of Reascnab-l_e DrIaSe_nce 1j.r tlg c+\re.l-opnenE o!- trh.as
Concl1 tacnaf ;ra.Eer' =i ght tr'"liovernb=r' L97,o ' Thas Rr:'1 1r:E; o i--trhe.
F.+fe:'ee Fras cosi-r rmod and =acs a. Dec:+:-o:-iie Court-on t'farcie 23 ' I9
on -q"u.qus tr 23, a973 , th9 c)-aLrcanE f11ed', lt liacer- Co::=E for "'iatarDawar.r1cn i.lo. 5 , en a.ppi.araa.E1'-)n to rr,al<e abscluc:: a condj-tsLonaa
l.raEer rl-S.nt, L; :^rhLc,,- j-t as :'L'.ueSEea -Cnic' r-:2e 7 ' O cubr c fee'tr oi
waEer per sr=conri of tJ-ne pI.ev{ iusl--, ar'rarCed conCl-El-on="] ay Eo trl:'e
co.l-(fr:.an DltcL: Pump and PapelLne 1.n ':.'.se-:tto. \n-2759, be nace a'bsoI'rE
-^nC r-rnconCa tr1 on al- -
\
7.
26
l\nd it is ltcrcl;y arljrrrlgctl anrl clccrcsd tltat tltcrc bc allorvcrl to flow iuto
said rlitch from sairl crcck for thc usc aforcsairl, artrl for tlrc bcnctit oI thc 1>arty
larv(ully cntitlcd thcrcto, un<lcr and by virruc o( thc apl:ropriation by origirral
construction-Priority No. lE-55 cubic fcct of watcr Jrcr minutc'
Providcd, 'l'hat r5 cubic fcct of warcr pcr minutc of sai<l appropriation
shall only be grantud Jnd allowcd to llorv into saitl rlitch irom said crcck' Ior
tltc use lnd bcnctit aforcsaid, iri lrroportion as sairl Party:lrall incrcasc his fcasibly
irrigablc lanrls thcrtundcr, ovcr lrrd abovc thc anrount ol 35 acrcs' in thc 13ti''
of tio cubic fcet ol wltcr pcr minutu to 5o acrcs oi saitl addirional lands'
And pro,idcd furthcr,'l'lrit such incrtcsc of srtclr rdr-litional lantls anrl
thc uscr oI thc saitl prot)ortionatc arltlitional lmottnl of !val€r aPproPriatcrr'
tlrcrelor, thcreon, bc matlc by sairl party with rcasotrablc rliligtncc'
' (NB-Scc dccr:c at pagc rr4 hcreo()
. NU].IBtrR SIXTtrE}i
TIIE NUCIiOI.LS DI'I'CIt
'l'hat sairl rlirc!t is cntitlcrl to Prioritics '\os' r9 3nr'l jo' It is clairncrl
by Emmett Ntrckolls, a, o*^., o{ tlrc rlirch, an(l Gco' \V' Sagcrs' ls orvncr oi
an enlargement lhcr€on. It is a rlitch uscd ior the irrigrtion of lands' and
takes its supply of *o,., Iro- East JIamm Creek' The headgate thcrtof is
locatcd on thc-'/est bank of sairl creek, about
-
milcs above the mouth
thcreof, on unsuroeyed lanrl in Garricl<I County' --\nd it is hereby aojudgcrt
an<l dccrccd that thcre be allorver'l to tlorv rnro said ditch irorn said crek'
for thc use aforesaid and ior the b(ncnt of thc parties larvfully ea!itlcd thcreto'
rrnder and by virtuc oi thc approp'iation by original construction-Priority No'
r9-r85 cubic f..t oi ,,or., per minute; anrl iurthcr' thal there bc allorved tc
flow ioto said,lirch as "io."saia, for the use aioresaid' and ior thc bencit of
tlrc partics aiorcsaid, unr.ler and by virtue of rhe approllriation by irst cn'
lrrgcment-Priority No. 3o-r:o arJilitional cubic iEct oi water pcr minu:c'
Provicicd, That l:5 cubic fcct of rvatcr per minute oi said last-mcnrionr:d
appropriation :hall only ue' gmtcd and allorvetl to florv into said ditch irom saitl
creek. ior the use an<] bincit aforcsaid' in proportion as llre partics shall
incrcasc thcir leasibly irrigable lcnds thercundcr ovcr and abovc ttre r11;n1 oi
r 5o acres-in thc ralio oi -6o cubic fcet oi rvarcr per minuce to 50 scrcs oi such
addiriooal lands."
And providcd furthcr'-That said increasc of.su;h ad<iitional lands and the
uscr oI rhc said proportionate additional amount oi rvatcr appropriatcC thcrefor'
,h"r.on, be made ty said parties with reasonablc diligence'
NB-(Scc dccrcc at Page r:4 hcrcoi)
NU}IBER SEVENTEEN
THE \\"\RD ..\ND REYNOLDS DITCI'I
That said rlitch is cntillcd to Priorities Nos' :o' 3: and to+ It is
"rri."a ui-i.'.-i"rt c. \i'";'J;;" t' rvo'a an'l willism Harrison Rcvnold;'
qach inrcrcst one'rhird. It- ;; -" dirch usetl Ior the irrigation 6f llnd' aud
takcs its supply; of t .,., -rro,J Di'id" C""k' Thc herdgate thcreoi is locatcd
at a point on lh€ cast U",,f of said creck' rborrt tl milcs lronr tile rucurlr
I
':
iitcil1i. '. ii,.:: :lir 'otlillr':::;: ':r)i:l'::;. ':'. ri ri'rul::. i:. q: ,tri!:i.. :),:ii: :.,:::i
.1,::,: ir :r ir,-::i,1 .rr:j['1.;,-'ri :i::rj 'j:c;,:,:r.i, ::ii: :: .: iirr;1 :tIi ;r''r.i:. :or 1::r u:',j ri:.:i':.
:'jrii. r. .ii.1 i.lli.- ::rt:ri,:ri i;!:':lo, :::(ic: iiI{i :/:
'/i:r':.::,,'r---lrc"un-i':j,j1l.' j.r;. ;9-r;:"
: .;:r: : :i::),::, :::ilt iil,rr: i,.: ;ii,:rsc,i :r> iio'.s il;rr
r: ::: :;:,j :r,:::!:ii ,iioi!::riri, r:n,i,:r eli,-i :])' rlr:lls
::r:I::!=::l-: ::.r:lli' Ji',. .;:-: i,r iri(iiiiDrl;ii tu:/iC
:.:: .: 'r'j:::i :),.'i::::i:iii3 :; .il.l fp?iOD::lri:OiS
" l:"r' .i.:., .lll!: l.i:i ::cnl :itu :i::::. :.rr
':.".:'.,,:: :: .iL:,i .;.i'i1j: .iiiii iic:rifjr :5Ei:
.J. r': :.:';t) i'!:'.,::: '',.r::i'r:'
'iit ::':i i 'r :,i\'! "":! 't' 'i ,
"'-
:rli ii:.i :-,: :ii': r':::':ltr ,t ::
...rr::,: ri ::t ii,:ri,i/r:iili.,ll
,:IUlc :rjt!,: r.';:l::,'r.'l
-ard :iir;i:, ::s :-i,rrr-':ili,
oj li:r :tr!,rolr:itioil .Ji'
l::r. .)n:1 :/r: Iia:i:li': ilii'l
.:: :it .::r: 'r':::tl: ::il)r{::. i
:--: ;i r::t.:: /,.'i ::lrrlL:ic: j;tt,: ::::iii'-i. :::l: :::=lr: l:u iilrr'.v'.": :u :i':w :ai; ii-i'i
.litci :j ,i,,r::it,:. :.rr I il,: '.1!{ :iti: ..:i:":i: .:r,rtsir,i, 'l:lrjci .:lrl :j}' .":i:xL cl :::1
.:.lir,oi::I:,lll:,..:l:./Jl:li:x;i.i;x:::c:.':-,,::'::l.l'.i.i.
;-...: r: .f:-:.ia l:: :i::::ula. 'i i:;.i l:r,: ' ::-.. : ::::,riii: 'ri ilit: lo ,vi:rti :ii': :i1a::
.,..''',.,i .\
t,l. . r
.:-li ;.rorl::t:i iur:nc:. I ;tai ' I
,i l:.'j 1l::.i :'|i',1tr'i l',!iiltt jl'11.;
.,t: :.',:!,i: ,:.' .:i;,: :jrrli':: a llli
.'l 3-ler i.c:cr ii ii-{+ i: :
::!:,:::r ,tt .:iia:l 1,:!itt:(irifl :31:'ii :ixrI
r ::,,:iit ,i rril:,.: ,:l;i)i.rtlriJi ili :;:!I'::Oi.
)l:i:..,a'lil:l,i::r:t-
l:r-:,t 3 i: i =:i.;.:iT]! .l.-
'iiii: :i :l':':::i "-::'' ';':"'-' :Ji':":::
'1".;,: -;iIi iil,::: i:, :::t:lt,,i i,r i -',r: .,.,. ::. :: r ':j;lrt::,:'i .;r --Mc:
'l'. .]::::i:r ..rl.l . ,,r:i.i;:t;l rl;11;1. ,1r1'rli.: ::::.: '_: .::':li. l: :r ':-':'i i,)i l::c :iii{iii,.'::
.r: ;l::,i-. "':,: :l:;:c: 'r -i;;.r:i _ ,i .l;li':: _ .:i :::3 :i(,i::l i ri:: ,i l,i;:r:n -1,:=il._l'irl tit,;t,l::.tc .l.ir,,ti :i ir,(;:.: ' rit ,, ;."::'.:. :i :::r' 1'':ti .i,it -,: .:lriri :r,:g!1. .iil,:t:l
r::lia: lI-,i:l lilr: :il,,iiiii :il'-:r!-1. :i ::il:ril".''i1'-(i iirl.i .:: ,:,r:i,, '_l 'llunil',
..t:,t :: , .l::: :, :,,:r',,11,.,i .:1.; i"a,'".,, , ,,,, .t.a- i,,, .lil,)\\'.,: in li',r" i:rtO :lti,i
:l:::; I .:i: . r:,: .::"':'. ;',I :::'_ l_': :luL .:': '::lr: :')f ::lc l t: ':': 'i i"l lil il:
...r':::il. ::i::.,'i .., r'':,,. i::'r!: :lrl,i ;._ :l:l:q .i :ilr ..:r'):rrlir:irrrrtl '.': '.'r:-.ll::;:i
,,'.,a-ra,,,.,,t-''t:,,:::1' .':,r. ::-::: ::li',, .i j ',:iili i1'-i :!lri:illr"
?:rrldcd. 'i'il;,1 ,: j:l;,..j iIa1 : .'lllt: i.ti :ni:il:i'. ,1 jil I l:"'r'rr'ii;:ii:,t:
;:;: irii:. 'r, i:'i::i,."i .1;1ri lrirrrr.ri ir) :r' r'
.'::.1 :li,)i', :ilr,i. ::l :il r'l!rr':i::
iir:,:i lt, r'::t:r,i,:r. )" t i -i',1
iir,:i: rlor:r : rraj .:-,j1:i:. :,)i
:,:ri:ar.'t :.rrrt :i:'::'j:s: i:i(::
:ir: .!tilr,r!::: rl j :; ic:,-li-.rl
.,r .:l:i,;,: i,:r:t )i r.rli:'t 'r,:l ::l:::l::' ::, : I .r:I'j:i .:l llc:: :ir:,iil:on:rl lall,i:.
lro',,r(icri :llr:t)ct. : i::,i 'iii.i :::c;-:.': 'l rll:il ,r.,::L:t)lllil i;itl'i. .i:l':
:r: ':r!:: i :(r .lri,i "r )lr"I'l"ll.itc jirlriiii.'i::.i .i::r"t::i: : r':r':' :iritI ::j'i1:i 'il(I-:-
,t. il:r.:..r;r. ..: :::ii,,t' :.r' ..ir'i :'.il:lr:: -\'r1l: : :""t't"i', rt"tl :lcl'
.;:"i: :' 'lil,i.r": :,, i
..,; ilr' .il lia!.":l !l
' irlt,i:::ll. rili':','t -
rr .rr t',-t', ,,lirr,tq,,i
.' 'r.'r ill
'rtrrri:l:
'ltiil I
'i.lr:ilr'rl
i.:: i: ' I
,.l:ii ii:rl
it
.,. i --....i-
rll ..,11::r'r'l
.tli,rrvr': ,)
NEIGHBORS OF GILEAD GARDENS SUBDIVISION
DETAIL Of SIGNATORIES
Bob Regulski
Fred Frei
Janet Frei
Mark Bosworth
Stacy Bosworth
Leon A. Padia
Sherry Padia
Michael Short
Lloyd Bullock
Marilyn Bullock
William C. & Roanne Bradford
Frederick W. Locke
Jeanne Long Locke
David & Ann Nicholson
Paul Lauman
Pamela G. Lauman
King Lloyd
Leno B. Montover
Shirley Montover
Lori Harris
William H. DuBois Sr.
Donna M. DuBois
Donna M. Meade
Corina Jandeo
O. S. Auder
Karen Wallen
Glen A. Wallen
J.P. Daniel
Todd Collins
Brit Mclin
0045 Mid Valley Drive New Castle, CO
0287 Mid Valley Drive New Castle, CO
0287 Mid Valley Drive New Castle, CO
0322Mid Valley Drive New Castle, CO
}32zMidValley Drive New Castle, CO
0196 Mid Valley Drive New Castle, CO
0196 Mid Valley Drive New Castle, CO
36200 River Frontage Rd New Castle, CO
l53l County Road 335 New Castle, CO
l53l County Road 335 New Castle, CO
0071 Mid Valley Drive New Castle, CO
1950 County Road 311 New Castle, CO
1950 County Road 3ll New Castle, CO
0029 County Road 335 New Castle, CO
0597 County Road 335 New Castle, CO
0597 County Road 335 New Castle, CO
0323 Mid Valley Drive New Castle, CO
1914 County Road 335 New Castle, CO
1914 County Road 335 New Castle, CO
1077 County Road 335 New Castle, CO
0405 Mid Valley Drive New Castle, CO
0405 Mid Valley Drive New Castle, CO
0245 County Road 335 New Castle, CO
1238 County Road 335 New Castle, CO
1238 County Road 335 New Castle, CO
0230 Mid Valley Drive New Castle, CO
0230 Mid Valley Drive New Castle, CO
0286 Mid Valley Drive New Castle, CO
0066 Mid Valley Drive New Castle, CO
1078 County Road 335 New Castle, CO
@ (e{
@ @
.@
t<q,
@ @@
SEIT
B:ltld
e 9@ @
@
@
@
@ @r
9
@.
gl
N
rO
I
1,.t
CI
Ittort
E
a
Br--o{,trZ
dlr[ g6
Il
1
@
@
@
D
D
r
(@
@
@
@
@
@
2DH)
@
@
'Tlx
s-
5EP-70-?BA3 11:24 !F
D]U NATER RESDURCES 383 855 3589 P.A2/42
FF
STATE OFCOLORADC
OFFICT OT THE STATE ENGINEEf,
Oivision of Water Resources
Depanment ol Nalural Resourcet
I3'lJ Sherman Street, Rodn 810
Denver, C.olorado 802O3
Phone (303) E65-358r
FAX (303) E66-3569
!r\yw.wale[. State, CO. us
Tamara Pregl
Garfeld County Planning Department
108 8th St Ste 201
Glenwood Springs Co s1601-335s
/o
Septemnery'zooS
Re: Gilead Gardens Subdivision preliminary plan
Wll2, Sec- 7, TOS, R91W, 6TH pM
Water Division 5, Water District45
Dear Ms. Pregl;
We have received addition information in the form ol two e-mails from the applicant's
consultant, romZane,anella of hnczrnella and associates, which were fonrarded td you via e-mail
on the same date.
The e-mails state that ditch water witl only be used for irrigation, and that atthough theponds will be us€cl for both fire protection and inigation purposes, firefighting and elap6ration
water will be diverted from the well to the pond pursuant to a contract witn frt West Divide Water
Conservancy District, and that water Wll be pumped from the nver for the first fill of the pond.
Although well permits for this area may be availabfie if the wells are induded in the
District's temporary substitute supply plan, no well permit applicalions have been submitted for
review by this office, and there is no guarantee that weil permG can be issued,
Based on the above, the State Engineer finds, pursuant to CRS 30-28-196(1XhXl), ffitltb'PpusEtfuer cttmty1i,tftnotcat se makiEl irsurf-tEffitEllrfigrht$ani C ;rurttilhs+ktgt*'ilic app&ear* ffiies fiotrcefirs,"and min{ein6 vaf,dup*,p.lraito,for",tfr.rrescribeo
t ucfi#&rt'rFbf'e,DiGilrioNa&frsttlt E Watef sumry He,}sr.e..d3cr.cd.ca&ror,algmeDletiot).fiuurpgttdtcfry'of t+cftr 'rgation.tuater+ifftrtEreetre, tha.mapfchang.ss,neted,.ilor*fku"ofJW4ffigl{ie lhacta, an*trermgpoapoty (also noted in said letteri-p+ar*fA.bsmp1e5{a
XFfP:&unV. We therefore recomme.-nd thetapp[oldd.$efina+,pffite witf.rfrtkturtri],this,sffice
apfewfi.the We[ gwrmsarrd the nded ctraoges.are.medc. lf you or the applicant has any
questions @ncerning this matter. please contact Craig Lis of this office for assistance.
Bill O/ens@mot
CreB E. walcher
Ereutive Diaoctor
Hal D Siagrcn, PE.
SEE ErE reer
Chief of W
DWCML: Gilead Gardens vi.doc
cc: Alan Martellaro, Division Engineer
Robert Klenda, Water Commissioner, Djstrict 45
Kyle Whitaker, Division 5
RECEIVED
sEP I u 2003
GARFIELD COUNTY
HJU.DTNG & PtAltt{lt{G
TOTFI- P,@