HomeMy WebLinkAbout3.0 BOCC Staff Report 11.19.01BOCC tvtgt}t
REOUESTT
APPLICAIIITT
LOCATION:
PROJECT INFORMATION AND STAFF COMMENTS
An exemption from the rules of subdivision.
Kelly and Michael Lyon Family, LLC
0621 Davis Point Road, about % mile east of
Silt, Colorado, in Peach Valley. A tract of
land situated in Section 1, Township 6 South,
Range 92 West of the 6ft P.M.
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SITE DATA: 80 +/- Acres
WATER: Individual wells
SEWER: ISDS
ACCESS: Davis Point Road (County Road 235)
EXISTING/N)JACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN:
According to the Garflreld County Comprehensive Plan of2000, this site lies in the "Outlyrng
Residential" area. The suggested density is no more than one dwelling unit per rwo (2)
acres.
tr. DESCRIPTION OF THE PROPOSAL
A.Site Description and Development Proposal: The property is roughly eighty (80)
acres in size, is bordered by Peach Valley Road to the north (County Road 214), and
bisected by Davis Point Road ("the road"). The proposal is to create four (4) lots
west of the road with a sixty-five (65) acre remainder parcel to the east of the road,
for a total of five (5) lots. The site has a variety of topography and vegetation. The
area to the west of the road ranges from somewhat flat to very steep. The vegetation
is mostly pinyorVjuniper. The area to the east of the road is vegetated with hay
across flatter portions and wetlands to the south, in the area of the Cactus Valley
ditch. An existing house and various outbuildings occupry proposed [-ot z. An
existing barn occupies the remainder lot. A non-conforming lot, the "excepted
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parcel", was created prior to subdivision and zoning regulations, and exists to the
west of the road andis contained within proposed Lot 4. A house occupies the
roughly 3/r acreexcepted parcel. A below-ground fire protection storage tank has
been buried betrrreen lots t md 2. Lot 2 and the remainder parcel are currently
served by existing driveways from the road'
B. ApplicabiliW: Section 8:10 allows the Board of County Commissioners the
dlr"r.tionury power to exempt a division of land from the definition of subdivision
and, thereby, irom the pror.d*. in Sections 3:00, 4:00 and 5:00, provided the Board
determines that such exemption will not impair or defeat the stated purpose of the
Subdivision Regulations nor be detrimental to the general public welfare'
REFERRALS
The apptication was referred to the following review agencies for comments:
A. Burnins Mountain Fire Protection District: No response was received'
B. Gu.fi"ld Count, Road und B.idgt D"pu.t .nt, Kraig Kuberrry replied by phone on
gl24l1l. th. f.r..r ut,orrg the county road must be set back. Entrances to the County
Road must not have more than a 2o/o slope-
C. Garfield Countv Eneineering Consultant: See Resource Engineering letter, page
-'littt nr. tS) concerns that should be addressed as part ofany approval'
MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
R.grtrti"rs states that "No more than a total offour (4) lots, parcels, interests or
dwiiling units will be createdfrom any parcel, as that parcel was described in the
records ofthe Garfield County Clerkand Recorder's Office onJanuary I, 197i' ond
is not a part of L recorded subdivision; however, any parcel to be divided by
exemptiin thaiis split by a public right-of-way (State or Federal highway, County
road or railroad) i, notrroi Trature, preventingjoint use of the proposed tracts' and
the division o"iu6 along tie publii right-of-way or natural feature, such parcels
thereby created may, in the discretion of the Board, not be considered to hove been
creatid by exemptionwithregard to thefour (4) lot, parcel, interest or dwellingunit
limitation otherv,ise applicable; For the purposes of definition, all tracts of land
thirty-five (35) acres or greater in size, created after January I, 1973, will count as
pori"it of land created by exemption since January l, 1973'
The applicant has provided proof of ownership in the form of a recorded warranty
deed (book t24Z,iagegl}). The parcel has maintained the same legal description
and acreage since prior to January 1,1973. The application is supported by a deed
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recorded on December 20, 1972 conveylng the property from the Zangs to the
Nelsons. The application also contains a deed quitclaiming the property from the
Nelsons to the iyon Family, LLC. Since the property is split by a public right of
way, the applicant is entitled to a ma;rimum of five (5) exernption lots under the
current regulations. If the request is approved, no more exemption lots would be
permitted under Garfield County regulations.
Comprehensive Plan: The proposal does not appear to be inconsistent with the comp
plan's recommended density of no more than one unit per 2 acres.
Legal and Physical Access: Section 8.52 C (Sub. Regs.) states that the Board of
Co*ty Commissioners shall not grant an exemption unless: All lots createdwill
have legal access to a public right-of-way and any necessary access eosements have
been obtained, or are in the process of being obtained;
The Road and Bridge Department replied by phone on9l24l0l. The fences along the
county road must be set back. Entrances to the County Road must not have more
than a2Yo slope. The applioant has obtained access permits for all new or changed
accesses onto a County Road. All lots appear to have the necessary legal access
since they are adjacent to Davis Point Road. Physical access to the County right of
way appears possible.
The plat shows a 60' wide right of way for most of Davis Point Road. However, the
righi-of-way narrows to only 45' adjacent to Lots I and2,consistent with the records
in ttre Clerk and Recorder's office. Staffpreviously stated that a 60' wide right-of-
way must be provided for the entire length of Davis Point Road. It should be noted
that the existing road does not necessarily have to occupy the center ofthe right of
way. The existing barn may become very close to the right of way as a result. The
bam would become a "non-conforming" use and be allowed to continue to exist.
The applicant is opposed to providing a sixty foot (60') right of way for the portion
adjacent to lots I and 2 since it would necessitate removal of an existing concrete
root cellar. As an alternative, the applicant proposes to dedicate 3,240 square feet at
the intersection of Davis Point and Peach Valley roads so that the intersection can be
improved to intersect at right angles. This would mitigate the existing tight turning
radius.
Resource Engineering (letter dated lllTl}l) notes that at a minimum, the right of
way should be 60 feet everywhere except possibly 10 to 20 feet either side ofthe root
cellar and barn structures, and that the extra right of way provided at the intersection
would be beneficial. Staff concurs with Resource's opinion and suggests this
become a condition of any approval. It should be noted that the plat must contain a
dedication statement for the right of ways for County Roads 214 (PeachValley) and
235 (Davis Point).
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D Water: Section 8:52 D of the Subdivision Regulations states the following:
The Board shall not grant an exemption unless the divisionproposedfor exemption
has satisfied the following criteria: Proyision has been made for an adequate source
ofwater in terms of both the legal and physical quality, quantity and dependability,
and a suitable type of sewage disposal to serve each proposed lot;
The application states that all lots will receive domestic water supply from individual
wells, one of which is already existing and serving the house on Iot 2 (permit
#82900). Lots 1, 3, and 4 will be served by well permits numbered 54896,54897,
and 54898, which have all been drilled and pump tested. These well permits allow
for the use of ground water inside one single family home, the inigation of not more
than 6,000 square feet of lawns or gardens, and the watering of domestic animals.
These wells may be operated as long as a West Divide Water Conservancy District
substitute water supply plan is in effect, and a contract or augmentation plan is
maintained with the district. The application contains a copy of an approved water
contract with West Divide (#010628-KML).
Each well must meet the criteria irt section 8:42 D (1-7) prior to signing of the
exemption plat. The application contains 4 hour pumpingtests for each ofthe wells
drilled on Lots 1-4. Resource has noted (letter dated lV7l}l)iilrratthe results indicate
that water is available for at least in-house uses on each lot. The application also
contains results of water quality tests conducted on the wells on Lots 1-4. Neither
bacteria nor nitrates exceeded the CDPF{E's suggested limits for drinking water on
Lots 1,3 and 4. A bacteria test was not forLot suggested limits for
test results for ,3,and4, indicate levels
2,39Omglland 3,390 mglI. Potential lot purchasers should be alerted to the
possible need to treat the drinking water to improve quallty and taste'
Sewer: Individual Sewage Disposal Systems (ISDS) currently serve the existing
residence. The same is proposed for the other four lots. The Colorado Deparfrnent of
Health setback standards apply. Section VIII (CXbX4) ofthe 1994ISDS regulations,
on page 32, states that no soil absorption system may be permitted where the ground
slope is excess of thirty (30%) per cent slope. Staff previously stated a concern
about the ability to locate all the required improvements on Lot 3 given the slope
constraints. Enartech has provided a conceptual development plan which shows how
all the needed improvements might be accommodated. Based
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development of Lot 3 appears feasible. [S[;E ^.?#^
F. Geotechnical and Zoning Issues: The exemption regulations
shall consider the following in evaluation of an exemption proposal
on this information,
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state that the Board
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Section 8:60 (E): Suitability of soil, water, vegetation, geologic and topographic
characteristics of the landfor the type of division proposed;
Given the presence of steep slopes and history of rock fall known on the property,
staff encouraged the applicant to retain a qualified geotechnical engineerto evaluate
the site and provide evidence to the Board that the proposed lots are safe and large
enough to applicant retained a licensed civil engineer,
report (see page The proposal
was to provide building envelopes ranging in size from7,425 feet to 18,000 square
feet. Staff informed the applicant that zoning regulations required each lot have a
minimum building envelope of at least one acre in an area with less than fony (a0%)
per cent slope, or the criteria below would have to be met:
Section 5.04.02:
O\ Such lots shall have a minimum buildins. envelope of I acre in an area that has
leis than fortv percent 40%) slopes; howeier, a smalldr building envelope may be
approved byirte Board'aftei review of thefollowingwhich shall 5e submitted by the
applicant:
, (4 .A soil land foundation inyestigation prepored by a registered, professional
engtneer.
(B) A topographic survey with contour intervals of not more than two (2) feet.
(C) A site grading and drainage plan prepared by a register, professional engineer.
(D) A detailed plan of retaining walls or cuts, andfills in excess offive (5) feet.
(E) A detailed revegetation plan.
All of the above shall show the minimum building envelope size for each lot and
shail orovide evidence that all structures and fadiltties ian be built within such
buildins,envelope areo so as not to disturb any.forty percent (40%o) slope area The
following shall'be conditions of any approval:
(A) Foundations shall be designed by and bear the seal of a registered, professional
engmeer.
B All final olans resuired to be submitted by a professional engineer shall be
'approreh in trteirfinallorm and shall bear the iealbf iuch registered, professional
engineer.
(3) For all lots: Driveways, access ways and access easements within the
development and on the property of developer shall have a maximum grade of
fourteen percent (14%o). (A. 94-046)
The applicant chose not to meet the above criteria, and retained a second civil
engineer, Peter Belau. The second report (see page proposed building
envelopes larger than one acre which contain areas of 40o/o or steeper slopes. It
stated that excluding the steep areas would result in oddly shape envelopes. The
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report further stated that the lots had been configured to allow sufficient room for
ro.tfull to be mitigated or avoided but that individual lot owners must retain a
professional engineer for site specific geologic recommendations.
Staffand the applicant, along with the project consultants, met on the site to discuss
these and other issues with the proposal. Staff suggested that the applicant
demonstrate that each lot could accommodate a minimum building envelope of I
acre in an area that had less than forty percent @0%) slopes. If this could be
demonstrated, then a smaller, more restricted, building envelope consistent with
IIP's recommendations could be delineated on the plat without triggering the need
for site specific development plans at this stage. The applicant has provided
evidence that at least one contiguous acre ofarea less than 40% slope does exist on
each proposed lot. At staff s direction, the applicant has depicted smaller building
envetlpei on the plat which are consistent with HP's recommendations, with one
exception. According to Resource Engineering (letter dated lllTl0l) the easterly
building envelope line of Int 3 should include a25 foot se6ack from the top of slope
of the steep embankment consistent with IIP's recommendations (report dated
10/1/01). Furthermore, it should be clearly understood that if this application is
approved the building envelopes are one method of mitigation of the hazard of
roim* Therefore, any proposal to amend the building envelopes wouldbe subject
to the public hearing process.
Wetlands: The remainder lot, Lot 5, is approximately 65 acres in sizeandappearsto
i""t"a" d"nty of suitable building area. However, there are some constraints to the
development of this tot that should be identified according to Resotrce Engineering.
These would include wetlands and drainages in the southerly portion of the lot.
Staff concurs. The plat should indicate appropriate "no disturbance or building"
zones on Lot 5.
Fire Protection: The application includes a copy of a letter from the Burning Mtn.
F 'ue District @MFPD) which recognizes ftat the property lies within it's boundaries.
They recommend a 10,000 galton cistern be placed between lots 2 and 3 with a dry
hydrant and 5 inch fre connection. The use of the tank and hydrant should be for
fire protection only and should be accessible from Davis Point Road.
The applicant has installed 10,000 gallon non-potable water tank between lots 2 and
3 wit[ a gravity fed fire hydrant along County Ro ad235 (see applicant's letter, dated
10/31/0t. The letter also states that easements exist from CR 235 to the tank, that
the road to the tank has been graveled, that an HOA has been formed to own and
maintain the tank for fire protection, and that the tank is "now full of water and
operating".
Resource Engineering has noted that all required improvements must be installed
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and operational prior to the final signing of the exemption plat. It should be the
developer's responsibility to initially fill the tank and fire protection system and the
HOA's responsibility to maintain it. Thus, plat note #1, will need to be corrected.
They also note that the fire protection system appears to be dedicated to Lots I
4. However,inaletter from the applicant to the Fire District, the applicant
states that the fire protection system will serve all five lots. The covenants will need
to be revised so that the fire protection system 5
contributes to share of the costs of that system,
Staff has previously raised the issue about legal water rights to fill the fire protection
system. Staffhad a telephone conversation, pr_eJlolrs to the- l9st meeting, with the
Division of Water Resources. The Divisi otr#tldffitflfr?wefl permits do not
specifically state the groundwater may be used for fre protection, then it is not an
allowed use. Prior to any final approval of the exemption, an amen&d well permit
which specifies fire protection for five residential lots must be provided or a new
well under a separate well pemrit must be installed to serve the fire protection tank.
Exception Parcel: As identified in the surveyor's note #5,the recorded location
of the exception parcel (ie, Sovern parcel) does not coincide with the actual
fenced and occupied area. The application contains a copy of a letter from the
Soverns' attorney (John Savage) which states that Kelly Lyon and Barry Sovern
have agreed to a resolution of the title problem. The location of the Sovern
property will be re-described to be adjacent to the County Road right of way. In
addition, the Soverns have agreed to relinquish the cistern and sewer line right of
way that crosses under the County Road. The plat actually shows expansion of
the Sovern parcel (it is all that area south of Lot 4 and west of Davis Point Road).
Either solution would appear to be acceptable so long as the error is corrected
be shown. The plat shows a right of way easement (Bk. 896, Pg.232) connecting
lots 2 and 5. Staff suggests this easement be vacated since a connection no longer
will exist between the tracts, and since the barn will be conveyed separately from Lot
2.
School Site Acquisition Fees: Prior to the approval of the final plat, the applicant
will be required to pay the applicable school site acquisition fee, as adopted by the
County, for each newly created lot (approximately $800.00, subject to change).
Homeowners' Association and Covenants: The applicant submitted a set of
proposed covenants on lll2l0l. The following items are in need of revision:
1) The covenants are presently only applicable to Lots 1-4. As stated previously, if
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the fire protection system is to provide protection to Lot 5 as represented to the
Fire District, the covenants must be amended to include Lot 5.
2) The covenants provide for two (2) dogs on each lot, which is in excess ofthe one
dog limit allowed by the regulations (section 8:60 (I) (1)).
3) The well permits allow for the watering of domestic animals, but do not allow
for the watering oq "...horses, cows, llamas, sheep, pigs, or other similar
livestock" as speciflred in section III D of the covenants. Either the well permits
or the covenants must be amended so that all stated uses are consistent.
4) The covenants do not specifically address the outdoor use of water on the lots.
The well permits restricts irrigation of home lawns or gardens to a maximum of
6,000 square feet, and the covenants should state the same restriction.
5) Section III H prohibits mineral extraction activities except by the current mineral
rights owners. Since potential for mineral extraction exists, this section of the
covenants should also contain a disclosure to potential lot purchasers alerting
them to the possible impacts of mineral extraction.
6) Section III T states that it is the individual lot owner's responsibility to control
weeds on their private property. It should also state that is shall be the
responsibility of the Association to control weeds on common areas such as the
fire protection tank and the easemenVroad for fire protection.
7) Section VI (l) states that in addition to the association, Garfield County shall
have enforcement rights of the covenants. Staffbelieves it is in the best interest
of Garfield County to only have enforcement capability to the extent it has
required a particular covenant. Said required covenants should be highlighted or
asterisked within the document.
8) The covenants should contain a detailedmaintenance plan forthe ISDS systems
and should also state that all building improvements must be contained within
the building envelopes.
V. STAFF RECOMMENDED FINDINGS
That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
That for the above stated and other reasons, the proposed exemption has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That the application has met the requirements of the Garfield County Subdivision
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Resolution of 1984 a.a. Section 8:00, Exemption, and has it met the requirements of
the Zoning Resolution.
\rL RECOMMENDATION: , o-v.ib 12>
Staff recommends tn" go"urd of County Commissioners APPROVE tfiJfelly and
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for five
of the either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval;
A Final Exemption Plat shall be submitted, indicatingthe legal description ofthe property,
dimension, and area of the proposed lots, 25 ft. wide access to a public right-of-way, and any
proposed easements for setbacks, drainage, irrigation, access or utilities; The extents of all
easements, existing and proposed, must be shown on the plat.
That the applicant shall have 120 days (until 3ll9l02)to present a plat to the Commissioners
for signature from the date of conditional approval of the exemption,
That the appticant shall submit the applicable School Site Acquisition Fees for the creation
of the exemption parcels prior to approval of the exemption plat;
That the 1978 Garfield County Zoning Resolution, Subdivision Regulations, and the
Colorado Department of Health standards shall be complied with.
All recommendations made by the Burning Mtn. Fire Protection District (BMFPD) shall be
followed. It shall be the applicant's responsibility to initially fill the tank and fire protection
system, and the Homeowners Association's responsibility to maintain it. Plat note #1 shall
be corrected accordingly. Prior to any final approval of the exemption, an amended well
permit which specifies fire protection for five residential lots must be provided, or a new
well under a separate well permit must be installed to serve the fire protection tank.
All required improvements, including but not limited to roads, drainage, and fire protection,
must be installed and operational prior to the final signing of the exemption plat. Each well
with the following conditionstaffi\
(1-7) prior to signing of the exemption plat.
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be setb#tto coincide with a60'widerightofway
a forty-five foot 45',)wide right
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must meet the in section 8.42D
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along the entire portions of Davis Point Road and Peach Valley Road adjacent to the
property. A sixty foot (60') right of way shall be provided for the entire length ofthe county
roads adjacent to, or within, the properlry with the following exception: In the immediate
area of the existing root cellar and barn (ie, within 20' to either side of said structures), only
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9 A sixty foot (60') right of way shall be provided for Peach Valley Road and Davis Point
Road, except the right of way may narow to 45' to each side of the existing barn and root
cellar (a 20 foot length in each direction) along Davis Point Road. Extra right of way shall
be dedicated at the intersection of the two roads for safety reasons, as proposed in the
application materials.
The plat shall indicate a "no disturbance or building" zoneon Lot 5, the remainder lot, in
the wetland areas. The building envelope oflot 3 shall be amended to respecta25' setback
from the top of the steep slope along the eastern boundary, consistent with I{P Geotech's
recommendations. Any future proposal to amend the building envelopes is subject to the
public hearing process since the building envelopes have been required as one method of
mitigation of the rockfall hazard.
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Lots 2,3, and 4 shall provide a site specific lot development plan as part of a building
permit application. The plan shall be prepared by a qualified licensed professional engineer
in the State of Colorado. At a minimum, such a plan shall address mitigation of
geotechnical hazards, design of Individual Sewage Disposal systems, foundation design, and
any other issue in need of an engineered solution as determined by the engineer. Prior to
final inspection, said engineer shall certi8/ that the improvements have been installed
according to said plan. CV
The Covenants shall be amended as follows:
a)The covenants must be amended to include fire protection for Lot 5.
b)The covenants shall only allow one dog on each lot, consistent with the regulations
(section 8:60 (I) (l)).
c) Either the well permits or the covenants must be amended so that all stated uses are
consistent with the existing water rights.
d)The covenants do not specifically address the outdoor use of water on the lots. The well
permits restricts irrigation of home lawns or gardens to a maximum of6,000 square feet,
and the covenants shall state the same restriction.
e)Section III H prohibits mineral extraction activities except by the current mineral rights
owners. Since potential for mineral extraction exists, this section of the covenants shall
also contain a disclosure to potential lot purchasers alerting them to the possible impacts
of mineral extraction.
f)Section trI T states that it is the individual lot owner's responsibility to control weeds on
their private property. It should also state that is shall be the responsibility of the
Association to control weeds on common areas such as the fire protection tank and the
easement/road for fire protection.
g)Section VI (1) states that in addition to the association, Garfield County shall have
enforcement rights of the covenants. This reference to Garfield County's enforcement
capability shall be removed.
h) The covenants shall contain a detailed maintenance plan for the ISDS systems and shall
also state that all building improvements must be contained within the building
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envelopes.
That the following plat notes shall appear on the Final Exemption Plat:
"One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owners property boundaries."
"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. sew., andthe regulations
promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be
allowed an unrestricted number of natural gas burning stoves and appliances".
"Al1 exterior lighting will be the minimum amount necessary and all exterior lighting will be
directed inward, towards the interior of the subdivision, except that provisions may be made
to allow for safety lighting that goes beyond the property boundaries".
"No further divisions by exemption from the rules of Subdivision will be allowed."
"Lots 2,3, and 4 shall provide a site specific lot development plan as part of a building
permit application. The plan shall be prepared by a qualified licensed professional
engineer in the State of Colorado. At a minimum, such a plan shall address mitigation of
geotechnical hazards, design of Individual Sewage Disposal systems, foundation design,
and any other issue in need of an engineered solution as determined by the engineer.
Prior to final inspection, said engineer shall certifu that the improvements have been
installed according to said plan."
"Any new buildings shall avoid areas of natural drainage. Natural drainages shall be
preserved to the maximum extent possible,"
d-"All recommendations made by the Burning Mountain Fire Protection District (BMFPD)
shall be followed."
"Potential Lot Purchasers should be aware that the Colorado Department of Health
suggested limits for dissolved solids has been exceeded for all the domestic wells. Lot
owners may need to treat the potable water supply to improve taste and quality."
- ll -
"All owners of land. whether ranch or residence, have obligations qndq State law and
Co"nw iizulations wrttr-ieeard io the maintenince of fetces and irrigation ditches,
.Jltroltiitn-*JiAr. t".pins iivestock and pets under control, using property in-accordance
*i-diiioiiiiin.;A;t#ilspEcti of using and maintaining property. Residentsand landowners
;;ilffi;i.a-io tiu* u6out ttrese riEhts and responsiSiliti-es. aird_act as good neighlon and
citizens of the County. A good introtuctory sotrce for such information is "A Gutde to
[duTi;il;g & Sr.ii'Scut-e7.gncrit re ' putbut by the Colorado State University Extension
Office in Garfield County."
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FIESOUFICE RECEIYED
]l0l, 0I ml
ENGINEEFIIN G rNc
Ms. Kit Lyon
Garfield County Planning Department
144 Y2 East Third, Suite 208
Rifle CO 81650
November 7, 2OO1
RE: Lyon Family Exemption - Review of Supplemental Submittals
Dear Kit:
Resource Engineering, lnc. (RESOURCE) has reviewed the supplemental submittal for
the Kelly and Michael Lyon Famity, Ltd. Subdivision Exemption. The supplemental
information includes a packet marked as Exhibit J received at the October 1, 2OO1
hearing, a letter with attachment from Enartech, lnc. dated October 18, 2OO1 and a
packet of information submitted with an October 31, 2001 cover letter from Kelly and
Michael Lyon Family, Ltd. Based on our review we offer the following comments.
1. The fire protection system appears to be dedicated to Lots 1 through 4
who will have the responsibility for filling, maintenance, repair and
replacement. However in an October 15, 2001 letter to the Burning
Mountain Fire Protection District, Kelly Lyon indicates that the fire
protection system is for Lots 1 through 5. lf Lot 5 is to be served by the
system then the covenants should be revised to specify the Use by Lot
5 and the requirement to share in the expenses of maintaining and
replacing the system.
At a minimum, the right-of-way should be 6O feet everywhere except
possibly 1O to 20 feet either side of the barn and root cellar structures.
The proposal for additional right-of-way dedication at the intersection of
County Road 235 and County Road 214 would be beneficial and could
mitigate the short stretch of 45 foot right-of-way near the barn and root
cellars.
We suggest that Plat Note No. 2 be changed to read "Lots 3 and 4 shall
have a site specific geologic hazarcis and geotechnicat engineering report
for the building sites. All new foundations shall be designed by and the
plans shall bear the seal of a registered professional engineer licensed in
the State of Colorado."
The Lot 3 easterly building envelope line should include a 25 foot
setback from the top of slope of the steep embankment above the water
tank consistent with the recommendations of HP Geotech in their
October 1, 2OO1 letter report.
Wells have been drilled on each of the four lots. The 4-hour pumping
tests for each well indicate that water is available for at least in-house
Uses on each lot. Each well will need to meet the criteria 6f Section
8:42ldl, items 1 through 7 prior to signing the exemption plat.
'l )-
Consulting Engineens and Hydnologists
9O9 Colonado Avenue I Glenwood Spnings, CO El1601 a t97O)945-6777 I Fax t97O)945-1137
2
3
4
5
I
November 7, 2OO1Ms. Kit Lyon
Garfield County Planning Department
Page 2
Please call if you have any questions or need additional information'
Sincerely,
RESOURCE ENG , lNc.
Michael J , P.E.
Water ources Engineer
MJE/mmm
885-5.O kl 2 lvon familv exemp.885.wpd
Enclosures
\
-lLl
tllatIIITItlaltIa!!tllrll
FIESO U FIC E
ENGINEEFING INC
gTIPFEO 'ur 01W
SEPT.24,200l
BOARD OF COI]NTY COMMSSIONERS
GARFIELD COUNTY, STATE OF COLORADO
GARFIELD COIJNTY COURTHOUSE SUITE 301
to9 8* STREET
GLENWOOO SPNMGS , COLORADO
DEAR COUNTY COMMSSIONERS;
RE: LYON FAMILY LLC
0621 COIJNTY RD. 235
SILT, CO. 8I652
IT IS MY UNDERSTAI{DING TIIAT ALL ADJOINING PROPERTIES RECETVE
NOTIFICATION OF SUCH ACTION, BUT NOTHING WAS SENT TO MY FATIIER
OLTVER DIEMOZ, MY SISTER MARIORIE ALESSANIDRI, OR I\,[YSELF.
INSTEAD IT WAS INFORMATION GTVEN TO MARIORIE VIA ANEIGHBOR.I
FIND THIS I.JNACCEPTABLE SINCE OUR PROPERTY IS ONE OF TIIE CLOSEST
TO FEEL TIM EFFECTS. WHAT OTIIER UNDER_THE. TABLE ISSI.JES MAY BE
CONCEALED AT SOME LATER DATE?
UNLESS THE LAWS HAVE CHANGED RECENTLY IN TIIE STATE OF
COLORADO,IT IS MY UI{DERSTA}IDING THAT LA}.ID CA}.INOT BE
SUBDTVIDED INTO LESS THAN 35 ACRE PARCELS MTIIIN TIIE COIJNTY.
ALSO THE GROUND WATER I\{AY NOT BE SUMCIENT TO SI'JPPLY
NEIGIIBORINGSI.,BDTVISIONSWITHDENSEPOPULATION.WHA*T
GUARA}.ITEES THAT THIS WLL NOT AFFECT MY WELL.
NEXT IS TIIE POSSIBLE POLLUTION OF GROI.JND WATER FROM SEPTIC A}'ID
RIJN.OFF.
ALSO IS TIIE CONCERN OF TRAFFIC A}{D TIIE CONDITION OF 214 RD. ANID
235 RD. WITH ALREADY TIEAVY TRAIIFIC.
WILL A}.TY RESTNCTIONS BE IN PLACE TO PROTECT NEIGIIBORING
PROPERTIES FROM DEVALUATION?
, l;'
@ozLO/OL/0L 11:10 FAI
.REeflvEDocT 01200t'
JOHNW.SAVAGEP.G
AErEydLail
201 RrilledAvc.
P.O.Bdtn6
Rf,le.@OlHt-lOE
s?0€a+12t70: trrc €25{t0!l :
end: SaagalWerfrttl
October I,2001
Crsrfield County Board of County Commissiooers
109 t'b st., ste 3oo
Glenuood String& CO I 160l
Re: Kelty arrd Michael Lyon Family LLC F'xerytion
Dcsr Courtty Commissioners:
please be advised that I have met with KeUy Lyon and Bany Sovern and they have
agfeod to a resolution of the aprparertr title problems Sr* by the SunCo $rr\ley on tbis
f,rrpd;Application. prior to-submission of a final Exanption Plat for )our signanne tbe
locatioa of the Sonern Property ('Excepted Paroel of 0.795 acres) will be redesotted to be
;j.rrrrt to the Co,nrv noad pJgfu qYry In additioo thp Sovcrns trravc aerccd to rcliugltish
tt! Cirt". and SewerlineXight ofWay ttur crcl1gelE rrnderthe Coqfy Road'
With resohrtion of these mattsrs, the Sorrerns hara no objections to the Lpn Family
Erremption-
\Ue would like to thar*Kelly Lyon for bis cooperaion h tlrcse rDatteN ard thE CounU
Commissioners and stafffor their assistance in this mattEr as well-
Lyon via fa:c to 87G5943,(c:
Bury Sovern
- tu
-. . -' ..',' -v-[- "v'_ ,
Aro*tu,SERVICES
Gl 13 r p70) 5.t-3725la Ectl Wolct fbcc, Aqtea Colorado tl6l I
July I l, 2001
Mr. Kelly Lyon
P.O. Box I I0
Silt, Colorado 81652
Ret'erencc: Kelly ancl Michael Lyon Fanrily, L[,C Exeulptiott
Dear Kelly:
I have reviewed the exemption plat and I have visited the site fbr the above rel'erenced
subdivision. I offer thc following comments:
Summant of findinss
ffisofExemptionlot.snumhcronethroughnumberfourincludesteepto
n-a"rut"ty-sloped surfaces with vcgctativc covor in nrost areas. Thc cxisteucc of natural
uegetatire ground cover suggesrs thuj q. slopes are qengrally in stable condition. Lots ntrmber l,
Z,-aaa3 have unique topography and offer good size building envelops.
Lol number one
Th-d along the northern boundaries of the Exemption Plat and has gentler slopcs. A
propor.a building "nr"1op
of 18,000 square lbet can be tiued with reasonable setbacks from tlre
ir"prrty lines. Thc layou[of the proposed building envelope is shown in the attached
preliminary sketch Plan.
Lot number two
Offe$ adequate room in flatter porrions of the parcel along the westcnl Propeny boutrdaries, and
again, an tSOOO square fcct building envelope as shown in the aftached plan, can be fitted on this
lot.
Lol number lhree-ffigo6ntoursandirreguItutopography.Buildinsenvelopemrr.s|bckeptoutof
an" nunur lo* poiis and away from the parh of surface nuroff. A fairly good-sized building
enrelope of upto 12000 squarc leet can be fitted as proposed in the attached sketch plan'
Lot number four
@t,'ystcePslopesalongthewcstp-ropertylineundincludesaflatterplatform,
suited for a reasonulty sir"a Uulaing envelope. 'lhCptup,rsrsrl ertvelope has a total atrea of 7,425
Iq** r*i and adequate_setbacks llom ttre north and east property-lines. Rgck outcroppings at
tu" rortt *est ,luadraii of this parcel pose a hazardous condition. This situation can be
[*"*ury mitigated by r"mouing a total of six lurge bouldcrs at the top of slope in this portion
of the lot.
97O s44 3t25i JUt-1'l -u1 9:16]',M;
Mr. Kelly l,yon
l'age ttto
In my opinion, these lots can be developed uuder close conformancc with a gcotcchnical firrr's
sgil invistigations and recommendations, including their foundation design guidelines, erosion
control and drainage mitigation.
I hope this rcport letter will provide adequate clarilication for the Garfreld Courlty Plarurilg
Department. Please do not hcsiate Io contact me if you have any questions.
Sincerely,
Nick Adeh, P.E.
Page 2l z
It- Bvi, ;
PROJSC-I'41{2{l
I
August 9, 2001
ENARTECH INC.
Ms. Kit Lyon
144 Vz East Third, Suite 208
Rifle, CO 81650
RE: Lyon Subdivision ExemPtion
Dear Ms. Lyon:
Enclosed is a sketch showing the proposed building envelopes for the Lyon Subdivision
Exemption. The enclosed sketch also shows slopes that are steeper than 40 percent. The legend
indicates the area in each building envelope that has a slope of less than 40 percent. Note that
each building envelope has more than I acre in area that has less than 40 percent slopes. We do
not want to exclude all of the steep slopes from the building envelopes due to the awkward shapes
that would result. We also intentionally excluded the top of the ridge located benveen Lots 2 and
3 from the Lot 3 building envelope so we can preserve this ridge line to avoid the visual impacts
associated with construction on top of this ridge.
Regarding potential rockfall hazards, the proposed lots have been configured to allow sufficient
room to allow rockfall to be mitigated or avoided. A geotechnical engineer should be consulted
by the individual lot owners during building design and permitting for site-specific geologic
recommendations based upon the proposed location and design of their residence. In summary,
each of the four lots is buildable in terms of having more than I acre in area that has less than 40
percent slopes and in terms of providing sufficient room to allow rockfall to be mitigated or
avoided.
Please give me a call to discuss the enclosed inforrriation
Sincerely,
ENARTECH, INC
Peter Belau, P.E.
PB/jlw
Enclosure
cc: Kelly and Michael Lyon
E-mail: peterb@enartech.com
COMMON\PJB2O0I\477-01_Ltr K Lyon 080801
302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, CO 81602 (970) 945'2236 Fax (97O) 945'2977 www.enartech.com
Consuttins Engineers and Hydrotogists
RECE I V ; 3
AUG I { 200t
a >V,l l"
'fafn.llJrn Nfi\i n f !CIflfl
OWNERS
Kelly & Jeanette LYon
Michael& Carrie LYon
KeuY AND MIcHAEL LYoN FAMILY LTD.
P. O. Box 110 - 1800 Medicine Bow Coud
Silt, Colorado 81652
Otfice: (970) 876-5944
FAX (970) 876-se43
October 31,2001
Kit Lyon
Senior Planner
Planning Department Garfi eld County
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Lyon Subdivision ExemPtion
Dear Kit,
We have complied with everything you have asked for. The field visit with you, the
County Plannir, Michael Erion, County Engineer, Peter Belau, Consulting Engineer and
Hydroiogist, Jordy Adams, a Geotechnical Engineer, and my family has resulted in a very
thtrough study of the exempted lots. Their findings have resulted in building envelopes
well over one contiguous acre of less than a 40 percent slope and out of any hazardous
flood or rock fall areas. They have also located an access road of less than I 0 percent to
the building site on lot 3 and we will install it as part of the lot package. This has been
drawn and all surveyed by Sam Phelps, a Civil Engineer. We have installed a 10,000
gallon non-potable water tank underground with a fire hydrant (gravity flow to County
i.oad 235) ilongwith easements from County Road 235 with a graveled road to and
including the 10,000 gallon tank for fire protection. We have formed a homeowners
association to own and maintain the tank. It is now fulI of water and operating.
New wells have been drilled and tested for 4 hours. The only things left in order to get a
building permit should be the same as any other building permit in the County as we have
designated envelopes and we have had geotechnical studies completed. The driveway
entrances have been permified and installed to the County requirements. You had
mdntioned that the County would like a 60 foot wide easement for the road. Most of the
road has a 60 foot wide easement except 468 feet. There is a concrete root cellar on the
west side of the road and an antique bam on the east side of the road just opposite. There
is only 51 feet between the two. I would be willing to give some right of way on the west
side of County Road 235 at the intersection to alleviate a sharp turn to the west onto
County Road 214 as per the enclosed drawing by Peter Belau, P.E instead of the 60 foot
easement. We have an agreement with Mr. Sovern that owns the 8 tenths of an acre with
his house and garage to tiade for approximately 6 acres, mostly hillside, west and south of
his property. ihis witl still leave 3.02 acres in lot 4. He will clean up his property and
deed an easement back to us on the east side of County Road 235.
Please call me if you need anything else.
Sincerely
Kelly Lyon
Manager
Encl.: There are six copies of the following:
1. Topo plats with lot lines.
2. Plats of lots without topos.
3. Driveway Permit Lot 1
4. Permit to Construct a Well Lot I
5. 4 hour water test from Samuelson Purnp Company Lot 1
6. Analytical Report from Grand Junction Laboratories on water for Lot I
7. I-etter from Garfield County Road and Bridge Department for existing
driveway onLot2.
8. 4 hour water test from Samuelson Pump Company Lot2.
9. Well permit application Lot2.
10. Driveway Permit Lot 3
11. Permit to Construct a Well Lot 3.
12. 4 hour water test from Samuelson Purnp Company Lot 3.
13. Analytical Report from Grand Junction Laboratories on water for Lot 3.
14. Driveway Permit Lot4.
15. Permit to construct a Well Lot 4.
16. 4 hour water test from Samuelson Pump Company Lot4.
17. Analytical Report from Grand Junction Laboratories on water for Lot 4.
18. Letter from John W. Savage, P.C.Regarding Barry Sovern's lot.
19. Geotechnical Site Assessment for Lots 1 through 4 from HP Geotech.
20. Conceptual Development Plan for Lot 3 from Enartech,Inc.
21. Slope Analysis and proposed Building Envelopes from Enartech,Inc.
22. Hydraulic Calculations for Lot 3 driveway drainage from Enartech,Inc.
23. Drawing of the County Road right-of-way at intersection of County Roads
214 and235 from Enartech,Inc.
24. Draftform of Homeowners Association ready to file upon final approval.
agi':i.::/206L 83i43 6258627
Applicattwr Date: 8/3 401
Termindiur Datc: 5n 5/01
Disficr: 2
KUH.I./ HI'{D DT<.LUuTrl,
L,.,Itr
TnIII
Garfreld Coun
Annlica{glr for Drivewav PerPi!
Pemit Nunbs:7l Pmnitee: KellY LYn
Coung Rmd Number: 235 Inspaor: Krtig Kuknry
SubCoatuao:
Ifulty Lyon hcroby requoats parmission and authorhy from thc Boerd of Couaty Commissicncrs to conslnrct a driveway
rypr"u"l (os) o Ure ri[ht-of-",ay offof Coury Rmi 2t{. .rrt ,f lqr4 , adjacent to AP'Plicent's prrycGy locatod on thc
[eLL sds of rud for ths Purposo of obtaining a@ai to ProPerty'
Applicant submite horewirh for the co,nsideratiqr and,approral of tbo Berd of County Commissioneru, a sketch of the
piqoaod installation dowing all the necesaary ryocification 66"1 iaoluding:
1. Frotage of lct along road.
2. Di*ance from cenrtuline of road to PloPsrty line.
3. Numbor of drivorrraYr requeated
4. Wi&h ofprqoood drivowaye and arglo of apprech.
5. Difianco from &iveway to road irferroction, if ury.
6. Size end ahape of area s€Paratmg driwways if more than o[o approac].
7. Seback di*mce of building(e) and dh6r structufe irnprovcmenrtr.
E. No unloading of equipm*t-.i coursy roe4 any aamagc cgu.cod to coulty road will bo repairod at gubdivirio'n
eT Psnrt'g. Reapmsiblc for two yeara ftom ttre d.Ets of corrplotion
Gcncrrl Prwhlonr
l) Thc appticant rsprsqfis all particc in imsrcet, and effirmr that tho driverx'ay approach (or) is to be congtrudod by
him for thc bma'fide purpoee of seuriug accoss to hic properly and nc for the PurPosc of doing business or
rcrvicing vohicloe on ths road rigttt of unry.
Z) Tho applicant ahall firmish all labor *6 rpslsiale, perform all worh and pay all costs in cmnection with thc
constructjon of the drivsr,vay(s). Alt work ghlll bo complcod within ttrirty (30) days ofthe permit date.
3) Thc tlpc of conctruc.ion ehall be ar dcrignatod and/o1 apprwod-by the-Boand of County Commissionors or thoir' ruprdimaive and all nraterials used aha[ be of saisfrdiry qnalirv and subjoct to inepoction urd approal of the
g""ta of County Commieaioners ortheir roproaerdcivo.
4) The trawling public shall be proteaed durin8 the innallrtion with PmPer waming siSns and- sigrals.and the Board
of Coruny C6mmissiqrore andthri, duly app-oiured agems urd enplofae shall be held harmlecs agBinst any action
forporeoral injury d property damagc nrsained by any rearcn of the cx€rcfue of the Permit'
5) The Applicaut etrall assume responribility for the removrl or cloarance of suow, ico, or sleet upon any portion of
rho &iveway ryproach (es) evelr tborrgh deporited on the driveway(s) in the couree of the Corlmy gnop removal
opcratione ,
RUAIJ ANU EI(IUUE-r HVL
zslLf,l2qPL o2248 6258627
rl
Specifications
1. A &ivcway apporch is under*md .o be *atportiorr gftte:ou'ty'*dj4,1|:y ** the povcmenr cdge
and the p"owrtyril'.-,ik is designcd *; tzu ,o" iotsrcui-gc'of tr"mJuc.'r"oitho roadway aad rbu*ios
Property.
2. At soy btef'€ciidr\ r driveway ${l B tEfiictod fm 1 sr1$ciom dislsnc' from the
'otersectioo
o prescne the
normal end saft rl*_.ra of traffic. d;ir;;r-a.a-ro* r,*r residence ertraoces 15d 6glinimum
iatorsectioo creargncc of 50 foct t p*riara-roa ro.r*r commcrcial entrancos e minimum of 100 feot b€
Povided.)
3. All errEncos and oxits shall bc rc located rnd constuc{od thrt vchiclet "*ry**fflt#yr$s;T;T#:"
obtain .doqude rifr?io^*;b.,h dir"d abng tbe co'uty road in order to n
interftring with coumy road tratltc'
4. The Applicant strall not be permitted to Grect any sign or displry material, either fxed or moYable, on or
e:rtcrding oto.ilp"iionlf tt'e conoty roed rightof-way'
s. Gerreralty, no rrcre than ooe ap?rosl she, be dlcn cd my prcel or prcperrydre frontrge of nrbiclr iu loss 6il
one h.ndrod trool ra* Additi-;Er -ffi --i*it" f- p;;[ h"riis " n'oit"sB io i;ss of ooe hu&cd 100)
fwt shalt * o"rrlifr .f,iitl;r,;irs;i.r"al cmvenicnoo and neccssitv'
6. Arl driveways shelr be so rcated tbat the frar.d portion adjaccnt to ore travered wey will nd cncroash upoo
adjointng ProP€rtY'
7. No commercial &ivemy shall lrcve.r wkilh grca ry S*, (30) feet qe111{ a right 8Dgl'" to th €coEliE
of trrc drive*,ay "*,,,,as increased ry drfr"ible rrdii. xo i"n ommerciat &ivewsy rba, bave r widrh ge*
-he,' twemy tZol i.",'i.r",rcd ct;Ot5iJ."iniil-fin" of the driveway, cxc€Pt as incncascd by
Pe,tmissible radii'
g. Thc uris of an approech to the road msy b. at a right -qr".lo the contorline of the county road and of ony anglo
b.nrreerr ninery tpo) aesro* ,,rd ,iryi6i;;;lr#oqr ;;il; tran sixv (6') degrws' Adjutt'r,nt will
!6 made ,r*aioJ'to if," ,l,p. .r*rfri to u. i".,.a and othcr physical conditioos'
g. The conscruction of parking or servicing uGss gn 6: co.uty road right+f-way is specificarty prohibited"
commerpial establisbnents for ",r"".!r "onrcie,
sbould provide oft-the'road Parking frcilities'
10, Tbe grEde of etrtrtrc and exit chell clopc ddnu,srd Tq:*q ry.h:.ry at thc samc race as thc
norrnal shoulden slope and ro, a aideq-r o thc *i.an gi''tr," tir"uldm but in ao case loe thrn t*nty (20)
Ibet from rhe pavcmeat edge. epp-.rn-fra.. ere rostrictod to not mone than ten P€fccnt (lv/o)'
I l. Au drivoways and approaches slrall be so consrrrcfod thst they stn1l.not interfere with the drainage sysErn of dre
str.st of oounty rocd. Thc Applicantwi-ll ;r.dir"d to p,ro,iie, c his own cf,lEDser dninagr stuctul* d
otrtrocqs and exis, which will become;ilF prrt ortn"-"*irting drainage.systern. Tho Boad of cnunty
commissioncrs mtheir rep,resentrirro, priato insaltaion rrtt ffire t1e dimcnsiqrs of all dnfuugo
Ettrucnllc8.
Norc: TLrr perrntt $dl bc mrde rvrrlrbrc d tlc ritr whcrc rnd wLcn work b bcirs done- A work rlctch or
drrwing of tho p-pr.a ddvewey(r) -;;;p"w tppro*"* ,*o p"tttt will uc irucO rlthout dnwir3'
bluoprh$ or r&ctcl.
09/.ro!206L Azi 4a 6',2586',2t l\lJH! Fll! 9l\^9vL
o In tb€ cveilt it becomeg necoss'y F rqnolr? rury rigltof-way facerthe posts on-eilhcr sklo of tho orrtrooc $all
-'
bc s,ery braced ;;;; A" fenco i' 11; ;:"ai F' ;MiI#; #Ufi f;,g;tml **
rcmovod shaU Uoirned o'"''tlre Dictria Road Suporuisor
n No rwisioos or addirims sball be ma& torhc drivcwry(s) or is apprrtcnBnqes on the right'of-way without wittcn
" ;.ri;il;ith" g*ta of countv comuri*sioncrs'
t) hsvisk n, rnd spcificstims orrtint be*i, shdl ryry m all rmdr ,ndcr tlE juicdiaim of the Boqd of cdy
comnrission.^ oic..ri"rd co,nty, cffi;", ,r-d tlrl 6p*iiJ"rtt, J forttr oo fhc attrched hccof rnd
;*rn"t"t , he;rsin as conditions h€rrcf'
Soodd Ceudldonr:
1. Crtvortr pcr drrll4c rcqulrtrcrr lt loil 3e' 'rt 13"
'r'. ff;;lHilr r*.-, trrr'c Torg ud two van rrrcr drre of complction'
1. Erru.t l{nig rfrer job lr completod'
In eigoing this epPlicaion
d€ocribad n t"io tho Applicaut
and agrees to cotrctruct
Signcd:
Addrcro:
Telephonc Numbcr:
permit gsrrtEd tBool. subjwtto the prorddo,l, rpccrficrtbr rld cordltl'onr rtipdrtod hcrrin'
ForBoardofCorrntyCornmissionera'ofGarlioldCounty,Colorado:
of and
=orm No
3WS-25
\PPLICANT
s 51,3F^"JJS [,gi6l,%Ei,$,"H.Ht1 E s o u . trJ UV h] E ffi ', S c
BlB Cenlennlal Bldg.. 138 bnt?'i't'n st'' Denver' Colorado 8o203 OPY
095
(303) s66-3ssl ' !'
KELLY & MICHAEL LYON FAMILY LLC
PO BOX 110
SILT, CO 81652-
(970) 876-5s44
Lot 1 Block: Filing: Subdiv: KE LLY & MIC HAEL LYON FAMILY LLC EXEMP
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 SW 114 Section 1
iownshiP 6 S Range 92 W Sixth P'M
DISTANCES FROM SECTION LINES
2630 Ft. from Soulh Section Line
10 Ft. from West Sectlon Line
UTM COORDINATES
Northing:Easting
WELL PERMIT NUMBER
DIV. 5 WD 39
548 96
DES. BASIN MD
05 20
State Englneer
%
U
N1S500e
APPROVED
DMW
P o S C
NOT CONFER A WATER RIGHTo
tSS UANCE OF THIS PERMIT DOES
CONDTTTONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights The issuance of this Permit
does not assure the applicant that no lnjury will occu r to another vested water right or preclu de another owner of a vested
water riglt t lrom seeking relief in a civil court action'
2) The construction of this well shall be in comPliance with the Water W ell Construction Rules 2 CCR 402-2' unless approval
of a vatiancs has been granled bY the State Board of Examiners of Water Well Construction and Pump lnstallatlon
3)
4)
B)
e)
5)
6)
7l
il:fiffj:::::':H::ffi:[]L ror the consrrucrion or a wer, appropriatins sround water tributary to the cororado
River, as an arternate point of diversron to the Avaranche canar and Siphon, on the condition that the we' sha* be operaled
onry when the West opiJe wat"r conservancy District,s substitute w"t"r .,.rppty pran, approved by the State Engineer' ls in
erect, and when a water arotment contract between the we, owner andrh"'wl"t Divide water conservancy District for the
rerease of repracement water from Ruedi Reservoir rs rn effect, or under an apploved pran for augmenration wDwcD
;l].i:l::ffi:fl',J,HI this vre, is rim*ecr ro orcrinan/ horrsehotd rrurposes lnside o^e (1)sinsle tamilv dwellins' trre
irrigation of not more than 6,000 square feet (0.14 or an acre) oi horre garcie,s and rawns, and the watering of donrestic
animars. A' use of this weil wi, be curtaired unress the warer allotment contract or a pran for augmentation is in effect'
Thiswellisknownaslotno.lwell.Kelly&MichaelLyonFamily,LLC.Exemption.
The maxlmum pumping rate of this well shall not exceed 15 GPM'
The average annuar amount of ground water ro be appropriated sha* not exceed one (1) acre-fool (325,s50 gallons)'
The ownel sharr mark the we, in a conspicuous prace with we, permit number(s), name of the aquirer, and court case
number(s)asapptopriate.Theownershalltakenecessarymeansandprecautionstopreservelhesemarkings.
This well shall be conslrucled not more than 200 feet from the location specilied on this permit'
A totarizrng .ow merer musr be instared on this welr and maintained rn goocl working order' permanent records of all
diversions must be maintained by the weil owner (recorded at reast annua*y) an<J submitted to the Division Engineer upon
request. /- ">
u
NOTE: parcel tdentification Number (PlN): 23-217}-013-00-010 O 7,/o 5n oa /
NOTE: Assessor Tax Schedule Number: 2OO385 (75'490 acres)
Form No
GWS-25
qPPLICANT
(303) 866-3581
oFFlcE oF THE STATE ENGTNEER t. l")l\iid,,,,
co[onADo DlvlsloNl oF WATEB RESoURcES
diicilril"riieldg.Jrr3 bherm"n st, Denvet, colorado 8o2o3
f i\ort) #tLL[i;{,
1 095
;or
tJ
C
Lot: 1 Block: Filing: Subdiv: KELLY &MICI-IAEL LYON FAMILY LLC EXEMPTION
KELLY & MICHAEL LYON FAMILY LLC
PO BOX 110
SILT, CO 81652-
(e70) 876-5e44
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1t4 SW 114 Section 1
TownshiP 6 S Range 92 W Sixth P'M
DISTANCES FROM SECTION LINES
2630 Ft. from South Section Line
10 Ft. from West Section Line
UTM COORDINATES
Northing:Easting
WELL PERMTT NUMBER 548s6 - F -_-
DIV. 5 WD 39 DES. BASIN MD
PE T
1)
3)
4)
UCT ECO
2l
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This welr sha* be used in such a way as to cause no materiar injury to existing water rights' The issuance of this permit
does not assure the appricant that no rnjury wilr occur to another vested water right or precrude another owner o[ a vesled
water right from seeking relief in a civil court action'
The construction of thrs weil sha[ be in compriance with the Water Weil Construcrion Rules 2 CCR 402-2, unress approval
of a variance has been granted by the State Board of Examiners of warer we, construction and pump rnstallation
Conlractors in accordance with Rule 1B'
ApprovedpursuanttocRs3T_g0-137(2)fortheconstructionofawelr,appropriailnggroundwatertriburarytothecororado
River.asanallernatepointofdiversiontotheAvalancheCanalandSiphon.ontheconditionthatthewellshallbeopetated
only when the west Divide Water conservancy Dlstrict's substitute water supply plan, approved by the State Engineer' is in
erfect, and when a water afiotment contract between the weil owner and the west Divide Water conservancy District for the
leleaseofreplacementwaterfromRuediReseryoirisineffect.orunderanapprovedplan{oraugmentation'WDWCD
conttact #01 062S-KML#1 (a)'
Tho use of ground water from this well is limitecl io ordinary household purposes inside one (1) single family ctwellittgl' llic
irrigatiort oI not rnore tharr 6.000 Squa,e feet (0.14 of an acre) of honre gardens and lavr,ns. ancl the watetirtg oi dotnestic
animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect'
Thiswellisknownaslotno.lwell,Kelly&MichaelLyonFamily,LLC,Exemption'
The maximum pumping rate ol this well shall nol exceed 15 GPM'
The average annuar amounr of ground water to be appropriated sha, not exceed one (1) acre-foot (325,850 gallons)'
Theownershallmarkthewellinaconspicuousplacewithwellpermitnumber(s),nameoltheaquiler.andcouttcase
number(s) as appropriate. The owner shall take necessary means and precaulions lo preserve these matkings'
Thiswellshallbeconstruclednotmorethan200feetfromthelocalionspecifledonthispermit.
Atotalizingflowmelermustbeinstalledonthiswellandmaintainedingoodworkingorder.Petmanentrecordsofall
diversions must be maintained by the well owner (recorded at least annually) and submilted to the Division Engineer upon
request. ,/- +-'^- '''-'
NoTE: parcet ldentification Number (PlN): 23-2179'013-00-010 o 7,/o
'fi
oa /
NOTE: Assessor Tax Schedule Number: 2OO3B5 (75 490 acres)
5)
6)
7l
B)
s)
Slale Engineer loSSUNo
^By
DA
05 20 02JUtr
APPROVED
DMW
00
P -O?S,erp-3.O-OJ- 03:.49P
September 30, 2O0f
Kelly LYon
P.O. Box 110
Silt, Co. 81652
Sincerel
Raun Samuelson
well Deoth---- 200'-0n
c;rirg slre (top)---------- -'-'---'7' (steel)
5t-raf"s *aief terel--------- --------20'81'
D;r*d;; n at 4 spm------ -Eo'30'
proOrition is------- '-----"4 gPm-
Attn: KellY
On SeptemHt 24,2001 a well test YJras conductcd on a new well on I-ot
#1.-Th; followtng Information was obtained:
This rcst was conducted with a I hp. Goulds test puryg Model 10EI' The
well recovered uic[ io 70.5f in i r min. This well could produce 5760 gal.
;; d;r.-iir;, h.* Lv q*ttions ptease call me, Raun Samuelson at945-
6309.
P,O, Box 297 t Gtenwood Springs, CO 81602 ' (970) 945-6309 ' Fox (970) 947-9448
WolerSysfrems,soles,Service&lnstollotion
I
J OHN C, KEPHART & CO'
-
A3!5 NORTH AYI'TUS
Rcccivcd from:
a PHoxr: (g7o) 24,2'1lf.1a I FAr: (g7o) 243"123!,
- ANALYTICAL REPORT -
a GnaxD Juxcrrox' coLoRAoo 8tSot
-
Jeanette LYon ReaI tY ' l"lel 1Y LYon
PO f{ox llC)
silt, co 8165?
B7 b-=t943 ' cel I
mglc
, ,291r-tl
GRANO JUNIIION
CO 816C,2
FAX
l:borltorY No'
LAgORATOflIIS
Samr-tel e'on PurmP tro'
PO Box 797
Glehwood SPringsr
FAX 947-9448
76it7
Lot S1 g/2o/1:tl
7,79-=t39(twater
Sr-rggested Limits lor
O.i "f. i ng , DePt ' HeaI th
5(rO mg '/ I
l(l mq/L
n,utst be zero
Curtomcr No.
Dele Reccivcd I /21 / (tt
(97|ot
7 6Ct7
Dete RtPorrcd
uab nLlmber
SsmPIe ID
TotaI Di ssol ved Sol i ds
l{i trate (N)
;;;ri coliform Eacteria
NOTES:
339Ct m9l I
2. LZ mg/l
Cr col onies/ 1(l(tn'1
growth, but not Coliform'
Lab Di rec'tor r B
Sarnpl e had bacter i al
Bauter
frllLAl2aOL 62i48 625a627 RUAIJ AND ERIIJUL
Augusc 30,2W1
Kelly Lyon
CC: Garfield County Btdlding aod PlenningDepatment
SinceclY,
rHqE. UI
lI
+IIItlttI
Garficld County Roed end Bridge DePartment
Deer Mr. LYoos,
The drivryay thst you is in plrcc *oo62lcR 5235, :lot2isin accordrnce with the Garfidd
couory Road aod Bridge Depertmcoe, ,poinoti-s for &iveways eod you do not oeed e
pecmit for this driveuraY'
If you heve arry qucstions or ptoblcms' pleece feel &ce E contrct me
/7 r'
Kratg
Disttict
Garfield County Road aod Bridge Dcpenmcat
SzTlugbcnboryh Efrd' Suitc 3O5
Rillc' OO t1550
Ph,mc: YT0-6'2S{60[
Futtlo42$8li7l
Garfield Coun
P-01
lJnHo6--o.1 7 :53A
June 6,200L
Kelly Lyon
P.O. Box 110
Silt, Co. 81652
R.E. Well test O6ZL Davis Point Rd'
Sincerely;
Attn: Kelly
on May 23,2OOl a wlt test waS conducted on a well serving the
,"rio"n"" ato6zi blris point Rd. The following information was obtained:
Well Depth (aPprox.) ---210'-0'
a;i"s .Ir"ttiif '----'--7" (steel)
starrefrt *"t"i ievel----- 32'-ll'
iomf telt tlme- ----------4 hrs.
Dras'dOwn to------ 206''4'
Production is------- '-'-'-7 gpm'
This test vas condcuted yith the existing pump and related equipment--
Tdil;p *A "qui-p-";t p in-p^-qgt qgrtinil order at this time. The well
recovered back tiii-oi.ro-ir, lb niin. If youlave any questions please call
me, Raun Samuelson at 945'6309-
E*-
Raun Samuelson
p,o, Box 297 o Glenwood springs, co s]602 . (970) 945-6309 o Fox (970) 947-948
Woter Systems ' Soles, Service & lnstollqtion
9tl oo
.;i: iil.
f
9+ f'a.,rd nt 1.wr,, .d
z-eab No. G '),U 67E02
DIVISION OF WATER. RESOUR.CES
SIATE ENGINEER,'S OFTICE
DENVER, COLORADO
Received
Amount Received-t
Well Permits Miscellaneous hems
Cerl. ol Doc.
License
STATE ENGINE
Check h-Permil
Sale of Books
l-/
lnc. Yield
FinalConslruclion
Late Regislralion
WHEN MAKINGTO GW
WRA-6G71
'*9,r ". /.rr(!
RECEIPT COPY
other
R
,<,
\$J -u-74 COLORADO DIVISION OF WATER RESOURCES
101 Columbine Bldg., 1845 Sherman St., Denver, Colorado 80203
PERMIT APP LICATION FORM
A PERMIT TO USE GROUND WATER
A PERMIT TO CONSTRUCT A WELL
A PERMIT TO INSTALL A PUMP
( } REPLACEMENT FOR NO
RLCL\\ED
RECF]\ED
rEBt?'10Applica'tion must
be complete where
applicable. Type or
priht in BLACK
lNK. No overstrikes
or erasures unless
initialed.
fi
(x
fiFOR
\1,[,.R ftti0unctl
itlstttttr
0t'16
-:i:i,,Ei WAIT,R
STA1E
WAITR
SlAIE
cot0,
c010.
(1)APPLICANT - mailing address
NAME Herbert tl. & Caro lvn R- Nel qr)n
c/o Richard Murr, Ranch Manager
STREET SEar-4etrt
CITY New Castle, CoIo. 81647
(stare)lziel
TELEPHONE NO 98.4 -) )'l )
12)LOCA TION OF P ROPOSED ELL
CountY Gar f i a 1 ri
NI^,% of the St^I %, Sectiorr
FOR OFFICE USE ONLY DO NOT WRITE IN THIS COLUMN
Receipt No.
Basin
6 -qo z-t
Dist
c-qNa[loNs-o F APP R OVA L
This well shall be used in such a way as to cause
no material iniury to existing water rights'-The
issuance of the permit does not assure the applicant
that no iniury will occur to another vested water
right or preclude another owner of a vested water
ri;ht from seeking relief in a civil court action'
r*p.6 s-, Rns. -92-- li--w , 6th P.M
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gPm)'t5
y' Arutrgu annual amount of ground water
ls^- ;;U"r;pt"pti.,ta (acre-fee1): I!< Acre feet
Number of acres to be irrigated 1
APPROVED FON DOMSTIC USE, INCLUDING TEI,'
IMIGATION OT' NOT OVER ONE ACNE OF UOIG
GAXDENS ATD LAWNS.71
/.9nr. Proposed total depth (feet)o
Aquifer ground water is to be obtained from
Tributary to Co lorado Ri wet:
Owner's well designation Nelson Ranch WeII #1
Ciry -filenwood-Spring6;r*,Co Io .-B ).6$ I--
Tcrclrtrorrc N,,. j.4-5i-5.y 9- .- Lic. N..
--6-21----
GBAUNA--!UA@
( ) HOUSEHOLD USE ONLY 'no irrisation (01
ix i oorvrEsrrc (lt ( ) INDUSTRIAL (5)
i i LrvasiocK i2) ( ) rRRrGArloN (61
i i corvrrrreRctAL (4) ( ) MUNIcIPAL (8)
( I OTHER (9}APPLI ATION APP
PERMIT NUMI.]ER B
(4) DRILLER
N ;,,.,, u _ M 9g fi_U q r !_D_ E i I.L i n g -C om p an y-- -
strcct 5Q63 1'l 3 I?d
OVED
DATE ISSUED
EXPI RATI
---; -DEPUlVlt; t
", /rfi//r.,//,r ^t I ENGIUIEn]
/'A'L,c -'
I
,(/ cltt,NlY '- )
-..)il)J
-" (5)'rHE LOCATION OF THE PROPOSED WELL iuxl tlrcarcaon
;6iEh-Ce watcr diagranr bclow.
tjse the CENTER SECTION (1 section, 040 acrcs) for the well location.+- -t- -+ +--r---l--- --l- --t-
| !< - . 1 M1LE, s2go FEE1 .- . >l++++-F+1-+
I I R ?J.*,
;
-l NORTH SECTION LINE +
(6)BE
by distances ronr scctiolt lirtcs
2 aOO- f t. lrom South -.sec. line
300 ft. from
-Iffittr
or sutttt
West sec..line
(oast or wottl
LOT-BLOCK
-FlLlNG
*
SUBDIVISION
(z)
LOCATED Owrrer: Ilerbert H. &
GE Nelson Will this be
the only well on rhis tract?'yes
(8)PROPOSE D CASING P OGRAM
Plain Casing
5\ in. from O tt' to 9 0 tt'
-in.
from
-ft.
to-fi.
Perforated casing
5>"in. from 9 0 tt. to 1I fr.
-{-
I
-f
I
+
I
+
I
+
!
r- - -l-
I++
I+--+
I+
I
+
IF
I
t9+-tm
vt{
t-
2
Fo
UJtn
Fut
1r,'
B fn'
I
-t-
I
f
I -l- -l -r'--t-in. from ft. to- It
+-+-+-+---l---+-
(9) FOR REPLACEMET'lT WELLS sivedistance
and direction from old well and plans for plugging
it:
The scale of the diagram is 2 inches = 1 mile
Each small fe ents 40 acres
WATER EOUIVALENTS TABLE (Rounrled Figures)
An ocre-fool covers I acre oJ land I loot deeg:
I cubic foot per second (ctsl .. .449 gatlons pcr nrinute (grlml
A lemily of 5 will require approximalely I acre-lool ol water por ycar.
'l acre-foot .. .43,560 cubic teot . ..325,900 gallons.
1,O0O gpm pumped continuously lor one day grroducos 4.42 acre-leot.
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s)13 .20
65. , R. 92 W. 6 P.M
No. of acresr
1, TP.
Legal description:WLSWL-Des.162/197 Iess 6 A. Co. Rd. Sec.
(11) DETAILED DE$CRIPTION of the use of ground water: Hotrscholcl use ond domesric wells must indicole type ol disposol svslem
to be used l-n ard irri ation c livestock use
at the corrals.Have septic tank &Ieach field for d spossa use ype sys em.
ob
(12) OTHER WATER RIGHTS used on tlris land, includins wells.
Type or right Used for (Purpose)
Ware a Hi.nds Ditch Irriqation
Description of land on which used
Ha asture, corn, grain &
orc ar
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE T THE BEST OF HIS KNOWLEDGE.
7
TURE OF APPL (s)
Use additional sheets of pa1;er iI rnore space is requirecl.
C+fi.
t
P-Os
Srep - 3 01 0 4
CONTACT PERSON:
SAMPLE COLLECTED BY
ColoradoDepaTtmentofPubllcHealthandEnvironment
Comptlanco Monltorlng & Data Management Unit
REPORTING FORM FOR NITRATE/NITRITE AS NITROGEN ANALYSES
sAMpLER: pLEAsE F|LL our oNE FoRM - FoR EAoH rNDrvrouAL souRcE/pttNT or coMPostrE sET
YEstIoTNotITHESERESULTSAREToBEUSEDToFULFILLSTATESAMPLINGREQUIREMENTS
'ar' fNSTRLCTfONS//DEFINITIONS ON BACIT O!" FORJ|4 ""
P\ArSlD #:COUNTy: .a,{ 7e,F) E2-+ DATE COLLECTED 6t .{tOl
SYSTEM/ESTABLI S H MENT l'lAM E:
d
SYSTEM ADDRESS:o-z?SlDr adras/Po gcr CITY
WATER TYPE: RAW r.oct--*.*-1-p{ or CHLORINATED ( l
SOaRCE(S): LOUTION(S): - Address
t lJElr(/o a
lsEE EAEX O7 toi{l
PHONE: (q10 \ q4S;6"O*
TIME COLLEQTED: /O . -.arnlPm
or OTHERTREATMENTI I
SAMPLE POINT(S):
#-A
,rt IJ.5-,v e--<tP
DO sAMpLEs NEED TO BE colllPoslTED BY LABORAToRY ? YEs t I or NOD(I
(mg/l)
RESULT
o.97.
t{'r
EPA
METHOD
D.-867(}tlii
p565/f rlrtS
P=aZ7ffiEr
(mg/l)
Lab MOL
(i-(iI
O. (:)L
ffi
Date
Anal Yzedz
b/ 1;;/ril
6/ t=/ot
(mg/l)
MCLPAR.AMETER
NffRATE/NITRITE-N
NITFIATE-N
NITRITE.N
(). 93 10.0
10.0
'1.0
BOL = lndic.tEt thrt lhe comPound w's anavzGd lor' but w'3b'low th' Lab MDL
NY . N.: r-. astsd tc. co'IF.und
mo/L- Milligrams F Litef
UEL - Maximum Co.rt.mintnl I evel
tltr MOL = Eborslory Method oerectlon Ljmit
X - H-olding Irne b€€n orcEedcd Direc,torr Grerncl ,Jc: t' L-al:r* L/26/ O1
& ApProved bY"Date
MAILRESULTSTO:cabrtdoOen'r"rrintolPublbH"ih'ndEwircnmnlLIJEICD-CMDM-82''SoOChcnyCl"kDrivcSaltn'O'av"'CO!O2'+t6:x,
R.vitd t1g7 - J:\UP\I-ABFORM! " "; II TE.FRM
r'.il
l.t r i
.,tr.. t t ,. i. t,. lt',)
EA
\.r ,rlr'jl
1: I 'i '!l
t . ti '..,i
LABORATORY SAMPLE #CLIENT NAME or;lO#1),iaGrand Jct.l--ab or at or i e:s
" /trnrtuto:rl Bool{ r){
I-AB
DATE ANALYZED *r"P / l-rPl o4r
AiJl'M tltandar-rls' " :
IJBORATORY NAME
DATE RECEIVED IN I-ABORATORY 6-/-z-L-oj-
COMMENTS Mcotlrod f rom
'- 6st1'V/ZOZL O2:48 62586'2t
--.--;i-i-
Appttcotbn Dete: W0nl
icrnhetbn D&: 5n5/01
Dlstrid:2
Aoolication for Drivewav Permit
pcrnitNtu,bt:7g Pcrmltcc: Kclly Lyon
^;;irry R*d Nlnber 235 Inspcctor: Knig Euhrry
NUAU HI\U I]r\IU\fL
SvbCoslttctor:
Garfield Coun
expcnso.g. n""porrtiUf" fqtwoyears from the dsr of complaioa'
r) The appricant rsercssre ail partiea h intsGd, md affirm that the driveway rgproach (es) ir to bc conrtr'rrcd by
him for tho bone fide purpose orr*,rriog ";^., nir propcrty and not foittl purpose of doing bugilpss or
*t"i.iog vehicles on the road right of way'
2> The applicaut eh8[ finnish ail rabor md mmirlr, pofqtrl all worrq and pay a[ costs in connectioo wlth tho
construction of tho driveway(s). eu wor[ffi ue irmpr.rca within'*riru (io) aays of the pcrmit daE'
3) The 6'pe of cm*nrction sball be as deignmd^andtr ap'p'rwod by tht Bosrd of Cornty csamissionoc or thcir
reprecentativo -i *iir.rials ueod ,n"[Uo of satirfacd.y q*lli urJs'Ujuct to inspcctim utd approval of tho
Boord of County Committionors or thsk rtprescntuive'
4) The rraveling pubric shall be prorecrcdduring 6e lca[aion with proper waming. siglu and signds and the BoEd
ofcountycommission'rsandth€irduly;Fimedegents*j;i"i;*u[b;hcldharmlessagdnstanvactim
for perconal iniury or prop€fty dnmegc i*iiiooa by tny season of thJt*etcisc of the Penrrit'
5) The Applirmt shall assume responsibility for tho rumral or deruce of snow, ie, of slrt rrpm rry prtion o'f
tho drive*ay approach (es) wen ooud-ifrgitJ ', o, arifrxrr in the co,rso of the corurty mow removal
opcrations.
' agi'tb/2a1L Z2i4A 625a6'2t r(IJHIJ Hlip ul\lvvL
Signod:
Addrtrr:
Telephonc Nunbcrl
PcrmitgraDtedyJ0/or.nrbjecttothepruvtdone,ryalficetl.orrndcondhiouaipulrtcdhcrsln.
ForBoardofCormtyCornmiseionors,ofGarlieldCorrnty,Colorado:
of Gerfield and Bridge
o In the eye,nt it becomes necessary p rcrrove any right-of-nray fonce, ttre polg on,cither si& of tho crrtrncc drall
be surcrv brsc€d bA"* the fcnce.is :1t ;'Yq Filfg*ffi;jffet''lnt"-'o#'#Jd
wiro
removed shsll bc;;; overto op DistrictRoad Supern0or
n No rwisions s additions shall be rudc ortc &ivawcy(l) or is +trEtfilences on thc right'of'way wltbout wrinat
t ' ;;L"#;i;h;t*'d of co,nrv coomissionc''*
s) protrieioos and epocificciono ornlinod borcin firrl rylv m arl rmdr under tho jrnisdidion of the Board of coutrty
commissio,er' oi6rrf,rra county, cffi;;";d6 Sp*#;*J' J fottllo the atachod heraf end
t "*p"arca
hersin as conditiotrE hercof'
So.d.l Condltloar:
1. Cslvertr pcr dnlmge rGqdnnenq rt Lrd 3' try 15"'
2. GrrvelBrckg)'. irr,enrt Zyanrftcrdrtcofcomplction.;: n-p.-fu.forwn locrtoe' dl rcPd
1:, i6*."ofy r(nlgwhcn job b corploto'
. a9.'t'alzzzt Z2:48 6258627
structuneE,
KUAU HI'jU DT\IUUE-
Soecifications
l. A driveway apprwh is uDd€rdood p bo 6", E rg":f6r.Trmty ry"dlqtll:y ** the peveooot cdgr
and thc prop'ty rt; rir[a.rie*d ,fr ilraH*r inr"*nili"'or*miua,,uori'the roadwav eod abutting
proPo(Y.
2. At any intorsection, a &iveway ,ur E ,osticrrd forasrfficicnt distance fromtbe iutsrstim .o PrwflG 6e
normal and sa& .lr"i*, of traffic. tiiiffi;"a mr J,"r ,oriarn* ontnnces that a minioun
inte,rsection clea.nce of 50 feet u" p-"ia.ara r* r,*l *-rorcial entrances a mini'um of 100 foot bc
provided-)
3. AII mtranccs and exits shall be so located and constnrclod thel vehicle. "0,'9*o'H:H},,$fi;Ts#i'
obtain sdequ@ sight distancc in bo,th ii.*t*,
"rong
tlrc cou$ty rosd itr order to I
inrcrfering with county road trafitc'
4.TheApplicantshrllnotbeperrrittcdtoerctanysign-ordisplaymarcnal'eithorfixedormovable'onr
extslding *"t;;Po;i'n'"f tn" county road rightof'way'
5. Gen€rdry, no more rhan orre Ep,troooh shrrt bo r,oercd any prrcel o prqgrtytbc frontrgc of which is l€ss ttm
one hrurdrod (100) Ii,et. Additioml ,ffi, . ,.o tur p.#il;d;itu'ou*u in r*i" of onc hu"dred l0o)
fret sb8ll o" r"-iJIilt"ft-,u"*i^g rir"ur convenienoo and necossity'
6- A, drivewrys sha, be so rocated thet dro furcd portion adjacent to the ravelod way will not encroach uPon
o{ioining ProP€rtY'
7 . No csnmcrci al driver*'av shall hilcr wier erGG *P t*f"?#f,ffi;Tfrffi* I ffiffit' ^*11ffitil,ffiffi#f, ffiffitffiJ*o or the drivcwav, #J, ffi.*; t
Purnissible radii'
t rhe axis * * ;ffiHffid#"m*Hffiig#'f*''l#1ff*i'betren ninefY
bo made accqd
g.Theconsnrrrctionofparkingorse,rvicingalGasg"ryiTo,ry4'i41.f-way-ilepocificallyprohibitod.
commorciar sstabrijtrments for "rr*!, "rr,icles
should piorio. ofr-the-road parking facilities'
l0,ThegndeofeatgrceandExit{1llslopedownwgdaodcwEyfromtheroadsrrrfrccdthesrrreraprsthc
normar shourdsr srope and no, , a#dJffi; *id;;,h#";ld* ur, in ro cas lesc thsn twmty (20)
Iirst from tbc pavement edge. App-ff;drr ,r" rortirtoa to not moe than ten pcfcotrt (lv/o)'
r l. A* dnveways and approaches shall bo ro cog'ct'd thrr ,oey shalt not intcrftre wfth 6e drainag, sysm of tho
srr€pt d colr'ty road- The Applicant ilff U" r"q"ir"a o p*ti6t' at bis oun E'xPe'u'" dninago struc*,r*s et
enr.nce' atrd exitq which will uecome - ir,"ir"r p.r,intn..xisting drainag-e svstem. Tho Board of county
commissionc* orthei,Epr.sent",we, pioro insuurtiqrlJil;ffi;-rh;?imcnsions of all drainags
lrotc: Thrr pcrnit rhrll bc mrde rvdrrbk rt tlc rrr: rher: rrd rlcn work b bclng dorc- A wort rlatch or
dnwing of thc p-p-"a ldve*ey1r; -#;;;pn"V .ppf"il-o;' N" p;it witl * ittooo wlthour dr':rwlns'
bluePrhtr or rlctch'
Forrir No
GWS-25
APPLICANT
(3o3) 866-3581
S 5['3 5fJJ5' f,,';16[?E IffrEffi u' o u R c E {*) l/V'l\ [: l'?
"S
C
o"r a;;.rte-nnrii ar,rg.J s I 3 britirntit st" Denver' colorado 80203 0py
95
Lot: 3 Block: Flling: Subdiv: KELL Y & MICHAEL LYON FAMILY LLC EXEMPTION
KELLY & MICHAEL LYON FAMILY LLC
PO BOX 110
SILT, CO 81652-
(e7o) 876-5e44
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 SW 114 Section 1
TownshiP 6 S Range 92 W Sixth P'M
DISTANCES FROM SECTION LINES
1790 Ft. from South Section Line
375 Ft. from West Section Line
UTM COORDINATES
Northing Easting:
WELL PERMIT NUMBER
DIV. 5 WD 39
54
DES. BASIN MD
t ULOStale Englneer
By 2TTID
^
APPROVED
DMW
T C
SSUANCE OF THlS PER MIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1)This well shall be used in such a way as to cause no material injury to existing water rights The issuance of this Permit
does not assure the applicant that no inju ry will occur to another vested water right or preclude another owner of a vested
water light from seeking relief in a civil court action.
2l The construction of thls well shall be in comPliance with the Water Well Construction Rules 2 CCR 402-2, unless apptoval
ol a variance has been granled bY the State Board of Examiners of Water Well Construction and Pump lnstallation
LP
3)
4)
Contractols in accordance with Rule 18'
ApprovedPursuanttoCRS3T-90.137(2)forthoconstluctionofawell.appropriatinggroundwatertributarytotheColorado
Rrver, as an arternate point of drversion to the Avaranche canar and siphon, on the condition that the werr shall be operated
only when the west Divide water conservancy District,s substitute water suppry pran, approved by the State Engineer' is in
effect, and when a water arotnlent contract between the we, 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 #0 1 0628-KML#3(a)'
Tlre use of grotrnd waier from this well is limited to ordinary household purposes inside one (1) single family dwelling' the
irrigation of not mc,rr than 6,000 sq*are feet (0.14 <lf an acre) of hor,e go,,lrn., irnd ra"vns, rncr the vlatering of donrestic
animars. Ail use of this wefl wil be curtaired unress the water ailotment contract or a pran for augmentation is in effect'
-l-his well is known as lot no' 3 well, Kelly & Michael Lyon Farnily' LLC' Exentption'
't'fro maximum pumping rate of this well shall not exceed 15 GPM'
The average annuar amount of ground water to be appropriated sha'not exceed one (1) acre-foot (325,850 gallons)'
Theownershallmatktlrewellinaconspicuousplacewithwellpermitnumber(s).nameoftheaquifer,andcourtcase
number(s) as appropriate. Tlte owner shall take necessary means and precautions to preserve lhese markings'
This well shall be constructed not more than 200 feet from the location specil'ted on this permit'
Atotalizingflowmetermustbeinstaltedonthiswellandmaintainedingoodwolkingorder.Permanentrecoldsolall
diversions must be maintained by the welr owner (recorded at reast annua[y) and submi*ed to the Division Engineer upon
req*est. /- "---- fu
NOTE: Parcel ldentiftcation Number (PlN): 23'2179'013-00-010 o 7 4 -{/ qp /
NOTE: Assessor Tax Schedule Number: 200385 (75'490 acres)
5)
6)
7l
8)
e)
roirir No.
GWS-25
APPLICANT
,.OFFICE OF THE STATE E]
.q,o* g a a,B 9. B LY.lf.lg, lt P,t
(303) 866-3581
wx+EFlEsou*.[ru tu,f, f l\lli rALL EFl'i)
1 095
Colorado 80203
Lot: 3 Block: Filing: Subdiv:KELLY & MICHAE L LYON FAMILY LLC EXEMPTION
KELLY & MICHAEL LYON FAMILY LLC
PO BOX 110
slLT, CO 81652-
(e70) 876-se44
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 SW 114 Section 1
iownshiP 6 S Range 92 W Slxth P'M
DISTANCES FROM SECTION LINES
1790 Ft. from South Section Line
375 Ft. from West Section Line
UTM COORDINATES
Northing:Easting
WELL PERMIT NUMBER
DIV. 5 WD 39
54897
--f-
DES. BASIN MD
PER CON A
F TH IS P E RM T DO E S NO T C ON FER A WA T E R RI G HT
SSU AN CE o
CONDITIONS OF APPROVAL
mit
material lnju to existin s water rights.T he lss uance of th ls per
This well sh all be used ln SU c h a way as to cause n o ry of vested1)to nother vested watel ri tht o preclude an other own e(
does ot assuto h e a pplicant that no njury will occ u
n
actionwatelrightfromseekingreliefincivilcourt approvalWaterWellConstructionRules2CCR402-2 unless
construction of this well shall be ln compliance with lhe
tallation2l
3)
The of Ex min rS of Wat er Well Con struclio n and Pump NS
vatiance has been s ranted by the S tate B oard a
o a
4)
Contractors itt acr:ordance with Rule 1B'
ApprovedpursuanttoCRS3T.so.l3T(2|fortheconstructionofawell.applopriatinggroundwaterttibutarytotheColorado
River, as an arternate point of aiversron to the Avaranche canar and Siphon, on tne conaition that the well shall be operated
onry when the west Divicle water conservancy oistrict's substitute water suppry pran, approved by the State Engineer' is in
effect, and when a water a,otment contract beween the welr owner and tn"'w""t Divide Water conservancy Dislricl for the
release of repracement water from Ruedi Reservoir is in efrect, or under an approved pran ror augmentation' *DWCD
contract #0 1 062B-KML#3(a)'
Thc use of ground water from this well is linrited to ordinary lrousehold purposes inside one (1) single family dwelling' the
irrigatir.rn of not more than 6,000 sq.are feet (0.14 of ;rn acre) of horne g"ioun. and rawns, arrd the watering of domestic
animars. Alr use of this weil wiil be curtaired unress the water aflotment conrract or a pran for augmentation is in effect'
Thiswellisknownaslotno.3well.Kelly&MichaelLyonFamily,LLC,Exemption.
The maximum pumping rate of this well shall not exceed 15 GPM'
The average annuar amount of ground water to be appropriated sha, not exceed one (1) acre-foot (325'850 gallons)'
The owner sha, mark the we* in a consprcuous place with we, permit number(s), name of the aquifer, and court case
number(s)asappropriate.Theownershalltakenecessarymeansandprecautionstopreservethesemarkings.
This well shall be constructed not more than 200 feet from the location specifred on this petmit'
A totarizing flow meter must be instalred on this we, and maintained in good working order. permanent records of a,
diversions must be maintarned by the we, owner (recorded at reast annualry) and submitted to rhe Division Engineer upon
request. /Y %* 21-"
NOTE: parcet ldentilication Number (PlN): 23-217s-o13-00-010 o 7 4 S/ o a f
NoTE: Assessor Tax Schedule Number: 200385 (75'490 acres)
5)
6)
7l
B)
e)
UL O5
05
DA
e
Stale Engineer
APPROVED
DMW
P-(fllaI-IP,L+tlI
e,p- 3Q3ot 03:49P
September 30, 2001
I(elly LYon
P.O. Box 110
Silt, Co. 8t652
SincerelY;
Raun Samuelson
Attn: KellY
on September 24,2aol a well tcst was conducted on a new well on Lot
#3.-'ihe following information was obained:
casinl ti'" <t"p)---------- -------'7n (stcel)
s*r&?tg -*io-rt'el--------- --------34'o'
Total test time- -4 hrs'
Drawdown at 4 BPm- -----151'1t'
hoduction is------ '-"---"4 8Pm'
Thistest,waltconductedwitha-lhp.9g."!d'testpur.nPModell0EI.The
well recovered b;;k;ti.3O'i" Z mi". This well iouldproduce 5760 gal'
per day. If you iri"" *V questions pi*t" call me, Ra,n Samuelso n at 945'
6309.
P,o, Box 297 ' Glenwood Springs' CO 81602 o (970) 945-6309 ' Fox (970) 9A7-94a8
w"t"rijil"i-, . sotes, service & lnstollotiot't
P.O. Box 297 t Glenwood Springs' CO 81602 ' (97O) 945-63Oq o Fox (97O) 947-9448
w"i"iiiii";; ' soles' service & lnstottotion
-
4SsNoRTHAvENuE I Pxoxe: (97o'242'761s I Fax: (9.7lt 243'-t23,5 | GRAND JuNcrloN' col.oRADo at50l __-
_ ANALYTICAL REPORT -
Iteceived frortl:Real t.Y, !'"el 1Y Lyrirr
GflANI
Sarrute'l sr.rn F'unrP Crl'
plJ Bcrx "97G1 errttcod 'iPr i riLJB ,
F:AX q 4.'/ -ct 4 4{J
9/?.-t/t-tL
JOHN C. KEPHART & CO.
JUNIiION LABORATORTIS
trO il16()?
FAX
J earr elt'1, e l-'/firt
pO [-rcr>l lI(i
EiiIt, CfJ 81652
87 & -5rl 4:: r c ts-'I I A-7cl-SeJgLl
urat er( 97(i )
75E]':5
PleLaboratorY No.Cuslonrer No.
Dale lteceived
9 S7.gi{-tt
Dale RePorted
L-;ib tl L.ln-rb t"r-
tiain;:Ic' II)
-fcit.;r.[ Di ssol vs*r-l Eiril i cJs
I.li 1:r';ite (lrl)
'[t: t. a I Cc: I i {'sr nt F:ic1c"t' t=l- i ;i
l-al.i trLtnrt]eir-
I-i;.rriitriIe Il)
l'c:k-aI Di sst:I ved lic:l i cls
f.li tr',ats* (l'l)
'l'otaI Cr:I i'Ft:t'trr Iitacter-i a
fliq/l
rrltl ./ I
r: rj I (:1fi i esi / 1 tJt-trn I
:1(-)(-l lttcl/ t
1(l rng/l
fliLrst kie 7 E:l- tr
7Yttl5
L-ot ,ll.:j I i:1(:!/(i I
!ir.rggi:sLeui
Dr- i nl,: i rig ,
i'ir-tr; ge r {: c',J
Dr i rrl:i t-ig r
t-.i mi t-. E; { cir
Deipt. Fleal'Eh
rttj I (.)
(i. 5t3
(t
7i)11$
t_.rit +1,4 r1 1:tit1 r--tt
Li rni t:; f or
Dr.:prt. Fk-r"el tt-r
';::lqLt mq1/ I
Cr. 9? flrg z').
i:) c':oI oni e'E;/ It-l(-trnI
.5(i(j m9,/ I
10 nq/l
rnt-r15t be xcll-(f
h.r;rc:teri.al q1r-or'l'th, burt: ns't flr;1 i {orm'
l.-;rt: I)i reu tt:r- : t] ' Eatte:r'
llltjTE$: Sarn6:Ie +l75fl:;, "L-ot +li" Jr'atd
. ae/r-Qi2soI-e2.:48
ApplicCion l)ate: W 0/OI
firr*om, Detc: SDSml
Dbtrbl: 2
6258627 KUHU HI\U DNIUUI:
Aoplicotion for Drivewev Permit
PcrnitNtuba:t2
CoutY B,orrdNrnirl:
Svb-hnfiwbt:
Pcrt;irec: KellY LYon
23 S lruPector: fualg EubcrO
sxPense,g. ir'rp.rtiUft for two yoars from the ddo of complotion'
Gcnenl Prcvisiong
l)Theagplicartr€presentsallpaniesitrhtcrEs,adEtrrolthatthcdrivewayapproech(es)istobcooflfirctodby
him forthe bma fide purposc.f ,*,rri;r;; to his propert-a oot roitl purposo of doing busirpgs or
'serticingvehiclos on the road right of way'
2') Thc applicarrt shall fimish all labor rrd mcriels, Pc'rfom all worb and p11^1ll-costs in cooo€ction witb tho
consrruction of thc driveway(s). arr **[ oeii66.rmpr*ea *ioirttirty (io) aays of the pcrmit dete'
3) Tbo type of consucrion shall bo as dccig,ded -{T Tg.red by ttre Board g{q*v comnri$ioncss or their
representair, ,ra Ji-"*ias ueod o"ilu" orsciociiry q;lii;o Gedto insPoction and approval of sc
Bood of County Commissionors or their reprcrcntrtivc'
4) 1ftsr.veling public sha, be p]otE6Ed d,ring tlre iferltioo with proper yy]rrg. signs and signals-rnd the Board
of county cor-irJi#., *b ooi.dutr6i{f ogeuts -o..irovec shall be held harmloss ag'inst Env ac.'orr
for porsonal iniury or proporty a"r-g. ililinod by any roason of theexerciss of tho Pormit
5) The Applicarrt shag assume rarpursibility for fu ryo1ar or crermce of snow, icc, u sleet upor, any portio of
the &iveway approoch (es) wen **6';&fud - o" a;"t"'"ytO in the conrsc of the c*t'ty snow rumoval
Garfield Co
opcrmiots.
tst a'2i 4a _625tjc.2t
struptured,
I \UHY Fl l, Pl \ 4 Yve
Specifrcations
l. A&iveway apprwh is understoodpbrhrrpgrurgf_rt3unrr p"d:4t1l1ov betwecmthe pavementcdgr
md trre propcrry It ; ,h", t' designed -d;'f", tro int rcniil"'ortr"-rirtct*""io" roadrray md atnrtting
ProPertY.
z. At any intcrscstioo, e driveway ,h"ll B regriaea for a sufficicot disunce from the intcnectim o preeerve tb
normal and safe ;;-, of'traftrc. ti,'ffi-d"a.rs ,,rt t-rrsidence enfiutces thrt a minimum
inters*tiqr ctearance of 50 fixt U" p'*iitO '"0 f"; "*l cornmeroial entfanses a minirn.m of 100 fuu. be
Pnovidcd.)
T.Allontrancesandexisshallbesolqgatcdandconstnptedthatvehielet*T*TH#}',.$:t;jfs'ffi"
obtlin adequdc right dismce in_bob il"tmt J-g fte couty road in onder to Dtrnewo' s.trv
n",tt i"gith county road taffro'
4.TbeApplicantshallnotbcpe.rmittedtoer6tl1ylipj,fdisploymaterial,eitherfxodormovsble,onc[r
cxtendiry o'.' "ii'ini"nlrtu" county road right{f-way'
5. Geocm'y, ff' trrso rhan qre apprguch sha, be.rnr{ eny parcel c proryrty ttre frontage of which is less thm
onc hrudred (100) fe€r. Additional #;;;;t r* ry'Eift;i'[;f#"se; *;o of ooo hu"drEd l0o)
feot chau or r.#ilJ.Jy "n- "ur*lr, "iJd cqnvenicnoo and nooa*sity'
6. AII driwways shsu be so located r,,t thc fra*d portion Ediacc,trt to the traveled wry will not oncroach upm
edjoining ProPefiY'
T.Nocmrmrciel&ivewavshellbavc.ewirlthgratrryry"'ffi;ffi;t";t|;;flf"lffi''ilffi
ff ,Tffi*.-#al'.ffi lil"*,-.f'orthedrivcw"v,"*ffi
"Jtoil;bv
perrrissible radii'
t. Tho uris of an approach to the road mey tro at e right englo.to 6e cenrcrline of the county road and of any angle
berween ninety tfij a"s*" and s*y id;;:rhrfti;-;io,,han sixtv (6o) dese.*' Adjrrstment will
be made *r.ro iog Llf"il"ri"li';i;G Ti astrd other phv sic al con ditions'
g. The constnrction of parking or senvicing EreT 9n qt qiory rmd rightlf-way is specifrcally prohibitod'
commcrcial estabtihmeats for orr.,,l,iniotu, should provide ofr-ure-road parking ftoilities'
l0.Thegradeofentrarrcoandexitstrallslopodowlwrrdandawayfiomtheroadsurfacoattbesgmerateastho
normal sho,lder sropo and f* "
di.t-r;;i;t ilai r7,r,1-rrr*ra- brrt in no casc loss th,o twostv (20)
fest from the pave,mont odgo. epp.*tffir.* r-"io"a to not morc thoo teu Percont (aYc}
I l. All drivcways and approaches strall bo so cmfiuct,d thd they sha| not interfere-lith rhe drainage systcm of thc
strcct u county rosd. The Applicant wiii;a'q{ to pro-iic' at his own e'xPensc' drainagp str.trctuF$ 8t
€|rlurltrges and oxits, which will beco0;;ild;ip.',irtt' *isting drainary.system. The Board of County
Cornmissisr.rs ortheir represeorative;;*;"i#lili*' rutt tpeit'e the?imensions of all drainagp
Nore: Thle pemit rhall be made rveileblc rt thc ritc wbcrp rnd when work ir *!"g*1";#;,jt:Hlffr,
drrwiry of tbc p-p-"a drivcrey(r) ,-i*""ipnay rpplication. llo permlt will
btucPrht, or dretch-
g'2i 48 6',258bt t
In signing thfu aPPlhstion and upm
d€scribod herein the Applicant signifies
and agrooo to construct
recoiving ruthorizdth'n md pcrmission to.in$atl the drivcwsy aPProacb (e3)
that bc hls rea4 *&#*Tt;;-";;'o* th"-r"ttsoin-g provisionr and coodftionr
in rccordanoo wior the g 'po'nJ;";i"i rc'ietrod and approved
tV t Boerd of Cormty Commissioners'
r\LrHLJ Hl\V ul\fpvLLZ/2,ggL
_- t,ze'/
olntheeventitbecunesnecossarytoromgveanvnrht.o|layferrce,thepostson.eithereideoftheGntrmccthall
bc s,rely brac€d b€forc the feuce i, ""t;'ffi;-ilv 'r""rii'';ffi";;ryt 9:' aod all posts and wire
rc,moved ,hau b. ;;;;;; tho Di,g#noJ s"!ot'it- 3r-ttr goard of CourU Commissionqs'
?l No rwisims or additions shall be m0dc torhe driverray(s) c ic appunen8oces on the right'of-way wirhout rvrittea
' ) ;t#;;;;irrt' gotta of countv commissisncrs'
t) provisisrs aod speificatiqrs outlined hcrcin sball gpply m.all roads under the jurisdiction of the Board of county
commissione* of Garfield county, cffi#r;; ffiip*#*"ij;-sd iDlth on tbe cttachGd hcreof and
;;fr*rtd horcin ss conditions heroof'
Socchl Condltloari
l. Cutvertr pcr dreilrgc rcguircrertr' et lat30'rrd 15"'
i'. fitrffi:fl"i"-,* rrarfic Tlry erd tow veu rfter detc or complcdon'
i. Con'trct Iftrig eftcrfob lr completcd'
r)
Signcd:
Addrtr:
Telcphone Number.
Permit ganted &rJ0/0f . subjecl to the providou, rpccifnfno' ud conditiou etiprletcd hcrsil'
For Board of County Comoissionc'rr' of Garfield County' Colorado:
Represcntative of Garfiold Bridge
Form ilq. .. . OFFICE OF
cws-2i '' cotoRADo
8'18 Centennlal Bldg , 1
(3o3) 866-3581
IHE 5lA IE, ENtrllYtr'Ert
DrvlsloN oF wATEts R
si-s
-Sh.imun
St., Denver, Colorado 80203
EsouRckdyyl\J E l_{,s 00Py
5
APPLICANT
Lol: 4 Block: Filing: Subdlv: KELLY &Mlc HAEL LYON FAMILY LLC EXEMPTION
KELLY & MICHAEL LYON FAMILY LLC
PO BOX 1 10
slLT, CO 816s2-
(e70) 876-5e44
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 SW 114 Sectlon 1
TownshiP 6 S Range 92 W Sixth P'M
DISTANCES FROM SECTION LINES
1525 Fl. from South Section Line
330 Ft. from West Section Line
UTM COORDINATES
Northing:Easting
WELL PERMIT NUMBER 548s8 -E---
DIV. 5 WD 39 DES. BASIN MD
T CO R AP
ISSUANCE OF THIS PERMIT DOES NOT C ONFER A WATER RIGHT
1)
CONDITIONS OF APPROVAL
This wer sha* be used rn such a way as lo cause no materiar injury to existing water rights. The issuance of this permit
does not assure the appricant that no injury wi, occur to another vested watei right or preclude another owner of a vested
water right from seeking relief in a civil court action'
The construction of this wel sha[ be in compliance with the water weil construction Rures 2 CCR 402-2, unress approval
of a varrance has been granted by the State Board of Examiners of water We' construction and pump rnstaration
Conlractors ln accordance with Rule 18'
ApprovedpursuanttoCRs3T-90-137(2)forrheconstructionofawell.appropriatinggroun<lwatertdbutarytotheColorado
River,asanalternatepointofdiversiontollteAvalancheCanalandSiphon.ontheconditionthatthewellshallbeoperated
onry when the West Divide water conservancy District,s substitute water suppry pran, approved by the state Engineer, is in
etfect, and when a water ailorment contrict between rhe werr owner and the west Divide waler conservancy District for the
rerease of repracement water from Ruedi Reservoir is in effect, or under an approved pran for augmentation' wDwco
conlract #O 1 0628-KML#a(a)'
The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling' the
irrigation of not more than 6,000 square feet (0.14 of an acre) of home guioun. and rawns, and the watering of domestic
animars. A[ uso of this Welr wifl be curtaired unress rhe water alotment contract or a pran for augmentation is in effect'
Thiswellisknownaslotno.4well.Kelly&MichaelLyonFamily,LLC.Exemption.
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 one (1) acre-fool (325,850 gallons)'
Theownershallmarkthewellinaconspicuousplacewithwellpermitnumbe(s),namaoftheaquifer.andcourtcase
numbel(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings'
This well shall be constructed not more than 200 feer from the location specifted on this permit'
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 we* owner (recorded at reast annuary) and submitted to the Division Engineer upon
request. t'+-'- n-
NoTE:ParcelldentilicationNumber(PlN):23.2179.013-00.010
NoTE: Assessor Tax Schedure Number: 2003g5 (75.490 acres) a zfir/t7oo /
2l
3)
4)
5)
6)
7l
B)
e)
State Engineer uL 0 5 2002toN
005
7-
JUL052001 ".r,
AAPPROVED
DMW
Foirn ttlp. ', 'OFFICE OF THE STATE ENGINEER;;;-;; 'colonADo BlylsloN- oF WArEB R
arg cenliliriial;-g'Jals Sn"imun 51' Denver' colorado 80203
Esou*,ltfltr t,/i P ! N $ [A[LE f:l'$
1(303) 866-3sBl
APPLICANT
Lol:4 Block: Flling: Subcliv: KELLY & MIC HA EL LYON FAMILY LLC EXEMPTION
KELLY & MICHAEL LYON FAMILY LLC
PO BOX 110
slLT, CO 81652-
(e7o) 876-5944
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 SW 114 Section 1
TownshiP 6 S Range 92 W Sixth P'M
DISTANCES FROM SECTION LINES
1525 Ft. from South Section Line
330 Ft. from West Section Line
UTM COORDINATES
Northing:Easting
WELL PERMIT NUMBER
DIV. 5 WD 39 DES. BASIN MD
P ST C A ELL
ISSUANCE OF THIS PERMIT DOES NOT C ONFER A WATER RIGHT
2\
3)
1)
4)
B)
e)
5)
6)
7\
CONDITIONS OF APPROVAL
This we, sha* be used in such a way as to cause no materiar injury to existing water rights' The issuance of this permit
does not assure the applicant that no injury wiil occur to another vested watei right or precrude another owner of a vested
water right from seeking relief in a civil court action'
The construction of this wel shail be in compriance with the Water We[ Construction Rures 2 CCR 402-2, unress approval
of a varrance has been granted by the State Board of Examiners of water we, construction and pump rnstaration
Contraclors in accordance with Rule 18'
Approved pursuant to cRS 37-go-137(2r for the construction of a wer, appropriating ground water tributary to tho cororado
River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated
onry when the west Divide water conservancy District,s substitute water suppry pran, approved by the state Engineer, is in
effect, and when a water alotment contract between the wefl owner and the'West Divide water conservancy District for the
releaseofreplacementwaterfromRuediReservoirisineffect,orunderanapprovedplanforaugmentation.WDWCD
contract #O 1 062B-KML#4 (a)'
The use of ground water from this we1 is limited to ordinary household purposes inslde one (1) single family dwelling' the
irtigalionofnotmorelhan6,000squalefeet(0.14ofanacre)ofhomegardensandlawns,andthewateringofdomestic
animars. A[ use of this wel wiil be curtaired unress the water ailotment contract or a pran for augmentation is in effect'
This well is known as lot no' 4 well, Kelly & Michael Lyon Family' LLC' Exemption'
The maximum punrping tate of this well shall not exceed 15 GPM'
The average annuar anrount of ground water to be appropriared sha, not exceed one (1) acre-foot (325,850 gallons)'
The owner sha* mark the welr in a conspicuous prace wirr we, permit numbe(s), name of the aquifer, and court case
numbe(s) as applopriate. The owner shall take necessary means and precautions to preserve these markings
This well shall be consttucted not more than 200 leet from the location specilied on this permit'
Atotatizingflowntelelmustbeinstalledonthiswellandmaintainedingoodworkingorder'Permanentrecotdsofall
diversions must be maintained by rhe we, owner (recorded at reast annua*y) and submitted to the Division Engineer upon
request. D-4'\- 4v-
NoTE:ParcelldentiftcationNumber(PlN):23.217s.013-00.010
NorE: Assessor Tax Schedure Number: 200385 (75.490 acres) a z4'/Zoo /
Stale Englneer JUL 0 5 2001 Tlo
58
7-
S
A
TJ uL 0 5 2002
et o I
APPROVED
DMW
5d898
r.LJJ
Seg- 3.O;'O1 03 :49P
*ryg
September 30, ZOOL
Kelly Lyon
P.O. Box 110
Silt, Co. E1652
Attn: Ketly
On September 24,2001 a vell test was conducted on a new well on Lot
#4. The following information was obtained:
Well Depth ----------7'(steel)
Total tegt time-
33.95'
4 hrs-
Drawdown at 4 gPm---52,92'.
Production is------'15 gpm.
This resr vas conducted with a t hp. Sta-Rite tesc pump Model 20P. The
well recovered back to 45.69'in 5 min. This well could produce 2l,6OO Eal.
p"i A"y. If you have any questions please call me, Raun Samuelson at 945-
6309.
Sincerely;
Raun Samuelson
P.O, Box 297 t Glenwood sprlngs, co 81602 o (97O) 945-6309 o Fox (970) e47-e448
Woter Syslems ' So/es, Service & lnstollotion
c
JOHN C. KEPHART & CO.
GflANO JUNITION
435 NoRTH AvENuE I PHoNE: <r,-lot 242'161A 0 FAX: (97o\ 243.'7235 0 GRAND JuNcYloN' coLoRADo at5ot
-
- ANALYTICAL REPORT _
Received (rom:Fieal tY , lie] 1Y LYort
i rl
Customer No.
Dale Received
ISLABORATOR
Samutel son FunrP Ec:,
PO Box ?97
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Laboratory No. SamPle
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9 /?.83/t7l
Date Reported
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JOHNW. SAVAGE, P'G.
AflntrqYdLar
201 Rrltrord Ave,
P.O. Bor 1926
Rill€, CO ttt5G1320
97G@91e70; fer: 62549O:t
email: Savagalttl/@rol.^d
Oaober 1,2001
Garfield County Board of County Commissioners
lo9 8h sL ste 300
Glenwood SPrings, CO 81601
Re: Kelly and Michael Lyon Family LLC Exemption
Dear CountY Commi ssioners:
please be advised rhar I have met with Kelly Lyon and Barry Sovern and they have
a,,ogio i ,.rolrtion of the apparent title problems rhown by the SurvCo survey on this
r?ripri"" Application. Prior to submission of "
final Exemption Plat for your signat,rg the
rocation of the sorern property (,'Excepted parcel of 0.795 acre0 will be re-described to be
a jacent to the counry Road Right 9f-Yty, kr addition the sovems have agreed to relingpish
the Cistern and Sewer I-ine nigfi't of Wayihat crosses underthe CountyRoad'
With resolution of these matters, the Soverns have no objections to the Lyon Farnily
Exemption. :
We would like to tharlKelly Lyon for his cooperuion in these matters and tlre County
cornsrissioners and stafffor their assistance in this rrilue,f as well.
Lyon via fo< to 876-5943
Barry Sovern
xc:
)'
j'.vz/0)ocr-a!-zeat t2t3L H-P GEOTECH
H llcpworth-Prwl:tk Geotethnical, lnc.
50!0 Counry Road 154
Glcuwootl Springs, Colorado II60I
t,lrouc: 970-945-798E
Fax: 970-945-8454
hpgeo@JhPgeotech.cotn
October I, 2001
Kelly ancl Michael Lyon FamilY LLC
Attn: Kelly Lyon
P.O. Box 110
Silt, Colorado 81652 Job Nrr. L}L 676
Suhjcct: Geotechnical Site Assessment, Proposcd Lyon Exernption, Lots 1
through 4, West of Davis Point Road (Oounry Road 235), Garfield
Counl,Y, Coloratlo.
Dear Mr. Lyon:
As requesred, we tlcr wirh you at thc' subjcct site on Septenrher 30, 2001. In acltlition
to rhe iit" ,r"o*aissance of the ProPelty, we have also reviewed regional geologic
maps of the area. 'l'he purpose of our work was to assess the geotecltnical conditions 0l'
the propcrty and their potcntial irnpact to thc proposed resiclential subdivision. Tltis
lenc] ha.s heen pr.epared to summarize our findirrgs and prcsent our conclusions- The
work was performed in accordance with our agreelnent for geotechnical engincering
services to Kelty and Michael Lyon Family LLC, tlatecl Septeurber 27, 2001'
proposcd Developrneut: A site plau for the subdivision dated April 5, 2001 shows 4
proposeO single tanrily Iom varying in size from about 2.82 to 9.74 acres. An existing
residence is located nn Lot 2 ot'the proposed developtncnt. TIrc lots will bc scrviccd hy
indivirlual wells and septic clisposal systenls. Individual driveways will provide access
to thc proposcd huilding sitcs.
Site Cogditious: 'Ihe proposed developlueut covers about L9,79 acres aud is located
wesr of Counry Roacl 235 ro the east t:f the Town trf Silt in Section 1' T-6 S-. R'92 W'
The ground srirface is variable with moderate to steep slopcs at g,rades between about
5,/o ind 40% irtile proposecl builcling areas. The grourtd surface was lonncd by
c<llluvial ancl skrpe *r*h cl*porits consisting of fragmeuts of sanclstone in a silty to
clayey sancl matrix which may be hyclrocolnpressive (Soule and Stover, 1985)' A very
steep hillsicle ar grades up rc) about 60% is located to the west-southwesr ol'the Lot 4
builcling envelope. Erosional clrainages are located ou Lots 3 and 4' Sand'stone
boulders are exposed ou the hillside to the west-southwest and in the southern portion of
Lot 4. Thc rtaUral vegetatiou consists of sagebrush, grass and wccds.
Geologic Settiug: 'l'he property is locatecl ou the eas[ern side of the Piceance structural
hasirr which was fonnerl during the Lararnicle Orogeny ahour 40 to 70 rnillion years
ago. Near surface tbnnation rock in dris part of the basin_is the Eocene arld Pdeocene-
ale Wasatch Formation (Tweto and Others, 1978). The Wasatch is a fluvial
,u.Ii*unrory fi)rmatiqn and is macle up of varicolored ctaystone, siltstone, sandsttlne and
conglourerate lenses. 'I\e hedding is uearly flat to ge[tly dipping down to the south'
ocT-a1.-zzzt 72t31 H_P GEOTECH f tUJ. UJ
Kelly and Michael Lyon Family LLC
October l, 2001
Page2
Major thulrs have nor been nrappecl in the vicinity of thc property fl(irkham and Rogers,
1981).
Geologic Assessment: Ir should he feasible to develop tbe property generally as
proposed ancl based on geotechnical conditions. TItc southern Portion of the Lot 4
building envelope has potential rockfall hazud from flre .stcep hillside ro the west.
Con.srrucrion of a resideuce on Lot 4 should be limited to the uorthern portion of the
builcling envelope unless additional evaluation determines that it is feasible t<l mitigate
the rockfall hazard. Our currant assessnrent indicates tltat the remaining property is not
exposed ro landslide, rrlckfall or grouncl subsideuce hazards. There are some condirion.s
of a geotechnical natul'e which should be cotrsidered as part of the indivitlual lot
development. These conditions are discussecl below.
Fouudation Conclitious: The colluvial soils exposed at the Properry could ltave a
collapse potential if they beconre wetted. The subsurtace conditions should he
evaluated for individual lot development- If .settlentent pronc soils are Prescot, thcir
potential impacts are typically niltigated by control ol'landscape irrigati0n near the
tuil6ing, heavily reinfoiced foundation walls and low tboting hearing Prcssures- [n
some cases, the compressible soils can be subexcavated and replaced with cornpacted
strucrural fill. percolation testing shoulcl be concluctecl for septic disposal desigu on the
ildividual lots once the location of the septic disposal systctlts havc bccn detcfltlined.
I'tooding and Surface Draiuage: Sorne flooding should be expected from the narural
slopes oir the western side of the development and in tlre drainages on Lors 3 and 4
Ouiing periocls of snowpack melting and intense precipitatioil. Mitigation of potential
flooding such a-s with detlection berms aud swales nmy be needed depending on the
location of the building site. A civil engineer should design the grading artd drainage
plan fr>r the individual lrrt developnrent.
Construction-Related Slope Instability: The grading for rhe proposed driveway
alignmens ancl reiidences could cause uustable slope conditiors. When grading plans
foithe individual lor development have heen determined, they should be reviewed by
thc gcqtechnical engineer flor snbiliry considerariorts. To reduce tlte potential for
co6tructiog-related slope instabiliry, it is recotnrnended dut building sites not be
locatecl <rn slopes steeper than 3OTo and driveway alignments should avoid crossing
slopcs srceper rhan about 4OTo to the extent practical. Wc recommcnd that strucntres bc
setback at ieast 25 feet frrrm strong topographic breaks unless further studies show rhat
it is acceptable to build closer to steeper slopes. We recommencl for prelirninary design
rhat cut and fill slopes he graclerJ ar 2 horizontal to 1 vertical or flaner artd protected
against erosiott by revegetation or other meaus.
H.P GEOTECH
H-P GEOTECH j'.t4<l/0>ocT-zl-zz7t 72.3t
Kelly and Michael Lyon Family LLC
Octoher l, 2001
Pagc 3
Earthquake Consideratious: 1'he devclopment could experience moderately strong
earthqualce-relatecl grouncl shaking. Mo<tified Mercalli Inteusity VI ground shaking
c6ulrJ occur cluring a reasonable service lifc for the <levelopment, but the probability tbr
sffonger grouncl .shaking is tow. Intensity VI grouud shaking is t'elt by rnost people and
causes general alarm, bur re.sults in negligible rJarnage to sfiuctures of good design and
construction. The resiclences should be designed to withstaud nroderately stl'ong ground
.shaking wirh lirtte or no damage aucl not to c<rllapse uucler stronger ground shaking.
The region is in Llnifclrm Builcling Code, Seismis Risk Zone I. Based on our curl'ent
unclersunding 6f the earrhquake hazard in this part of Colorado, we see no teason to
iucrease t[e conunonly acccpted scisrnic risk zonc for this arca.
Limitations: 'fhis study was conducted accordiug to generally acceptcd geotechnical
engineering principles and practices in this area at this time. We make tro warraily
either exprissecl or impliect. The conclusions presented in this report are based on the
site reconnaissauce, review of publishul geologic maps and our experience in the area.
This report has been prepuerl for the exclusive use by our client for project plauning
and preliminary design.
If tlere are any quesrions or if we may be of further assistauce, please let us kuow.
Sincerely,
IIEPWORTII - PAWLAK G
RT
INC
A
Jordy Z. Adam.son. Jr
Rev. hy: SLP
JZAlksw
cc Euartech - Attn: Peter Belatt
29707 F
ro/,
At
H-P GEOTECH
. QCI-ZFzAZ| 72132 H-P GEOTECH f .U)>/ 0J
Kelly and Michael Lyon Farnily LLC
October 1, 2001
Page 4
REFERENCES
Kirkham, R.M. and Rogcrs, W.P., 1981. Eurthqualu Porentkil in Colorado - A
Prelinttnary Evalrution Colorado Geological Survey, Bulletin 43.
.Srrule. J.M. and Stover, 8.K., 19E5. Surfi<:iul Geology, Geornrphology and General
Engineeing Geology of Pan.r tftlrc Colorado River Valley, Roaring Fork River
Valley, and Adjctcent Arees, Gafield Cowrry, Coloratkt. Colorado Geological
.Survey, Open File Report E5-1.
Tweto, O. andOthers, 1978. GeologicMapof theLeadville I" x2" Quulrutgle,
Nonhwe.uern Colorado. U.S. Geological Survey Map t-999.
H-P GEoTEcH
TOTAL P.A5
ENARTECH, INC. Connilting Engineers and Hydrologists
(910) 945-2236; Fax 945'2977
FAX TRANSMIS.SION NO'I'E
-
-e-
DATE:-9tzazr'nt
NUMBER OF P^GES (INCI-IIDING'TIil.S COVER SIIEET)
-
4-
TO: Kit l.yon. MichaefEfton auQ Kellv Lvon
FROM:- Peter Belau
RE: Lvol Subdtt'is ion Exemption
Enclose{ is a Clonceptuat Dcvelopnrent Plan for L,ot 3 of the I'yon Subdivision
Excrnption. This plau shows rhe potential locarion of a residence, driveway and ISDS for
this lot. Slopes liteepcr than 40% are also inclicated. There is l -20 acres of contiguous
(bur odd-shapetl) area with slopes flartcr that 4To/o within the proposed building
cnvelope. The driveway has a maxinrum grade of l0% as shgwll on the encloscd profile'
A cross-section qf rhe driveway at Slarion 2*00 is atso enclosetl to show how the stecp
slopes wil nor he impacte<l try the driveway construction becausc the driveway will be
fillecl through the steep-sided valley-
The enclQsed plan also shr1ws the lorztitln of the l0,000-gallon water tank and fire
hydrant that have bcen installecl as requested by the Fire l)istrict'
ro'd LL6Z-Sb6 ()L6 d6T: TO tO-gz-d
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FAX TRANSMISSION NOTE
DATE: 10/5/01
NUMBER OF PAGES (INCLUDING THIS COVER SHEET)2
TO Kit Lvon.Sam Phelos and Kellv Lvon
FROM: Peter
RE: Lyon Subdi Exemption
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The enclosed drawing shows the revised bulding envelopes that we are proposing. Each
building envelope has a contiguous ur.u of.(.rs than 40% slope. The existing cut slope in
the Lot 4 Building Envelope is being regraded to less than 40%. Please reschedule the
Public Hearing as soon as possible and call Kelly at 876-5944 with the hearing date so he
can take care of the public notice.
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302 Eighth Street, Suite 325
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GLENWOOD SPRINGS, CO 81602
(97O) 945-2236 FAX 945-2977
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ENARTECH lnc. Consulting Engineers and Hydrologisls
October 25,2001
Ms. Kit Lyon
144 t/2 East Third, Suite 208
Rifle, CO 81650
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RE: Lyon Subdivision Exemption
Dear Kit
Enclosed is a drawing showing the County Road right-of-way dedication proposed by Kelly
and Michael Lyon at the intersection of County Roads 214 and 235. The purpose of this
dedication would be to allow the tight turning radius at this location to be mitigated. The
Lyons are proposing this dedication in lieu of increasing the righrof-way from 45 feet to 60
feet on the northern portion of County Road 235 as discussed in your previous Staff Report.
The Lyons do not want to increase the right-of-way at this location because their existing root
cellar concrete structure would be located within the County's new right-of-way and their
existing barn structure would be located within a few inches of the right-of-way.
Please forward this information to the County Commissioners for their consideration
Sincerely,
ENARTECH, INC.
Peter Belau, P.E.
PB/jlw
Kelly Lyon
Sam Phelps
E-mail: peterb@enartech.com
COMMON\PJB20ol\477-01_Ltr K Lyon 102501
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302 Eighth Slreet, Suite 325 P.O. Drawer 160 Glenwood Springs, CO 81602 (970) 945-2236 Fax (970) 945.2977 www.enarlech.com
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CONSULTING Ei{GINEERS At{D HYDROLrOGlSni
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P.O. BOX 160, GITNWOOO SPRINO!i. CO 8t802
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EXISTING AND PROPOSED
COUNTY ROAD
RIGHTS.OF-WAY
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LYON T'AMILY EXEMPTION ON DAVIS POINT ROAD
DECL UNITY
I. DECLARATION
A. DECLARATION: KELLY AND MICHAEL LYON FAMILY, LLC,r Colorado limited liability
company ("Declarant"), owner of the following described real property ("Property"), hereby declares the
following:
B. Decla:ant declares that the following, hereinafter referred to as the Property, is subject to the provisions
stated hereirq which shall be covenants that run with the land and be binding upon the Declarant and its successors
and assigrs:
Lots 1, 2,3, and,4 of the Kelly and Michael Lyon Family LLC Exemption on 235 Road, as
more particularly described on the Exemption Plat thereof rccorded in the real estate
records of Garfield County, Colorado on at Reception No._;
B. PLANNED COMMUMTY: The Kelly and Michael Lyon Family LLC Exemption on 235 Road
("community"), located in , Garfield County, Colorado; is a planned community as defined by the Colorado
Common Interest Ov,,nership Act ("CCIOA') (C.R.S. 38-33.3-101 et seq.).
C. ADDITIONAL REGULATIONS: In addition to the provisions of this Declaration, the Property may be
subject to additional obligations, restrictions and requirements that may be stated on the E)GMPTION PLAT,
Garfield County Zonngand SuMivision Regulations, Uniform Building Codes, laws and regulations of other
applicable jurisdictions, and other matters that may be set forth in recorded documents that affect the Property.
In addition to other matters contained therein, the following PLAT NOTES appear on said
Exemption Plat:
Driveways, access ways and access easements within the development and on the property of develop shall
have a maximum grade offourteen percent (14%o)
No open hearth solid-fuelfireplaces will be allowed anywhere within an exemption. One (l) new solid-fuel
burning stove as defined by C.R.S. 25-7-401, et seq., and the regulations promulgated thereunder, will be allowed in
any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
Colorado is a "Right-to-Farrn" 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 seclor. All must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on
public roads, livestock on public roads, storage and disposal ofmanure, and the application by spraying or
otherwise of chemicalfertilizers, soil amendments, herbicides, and pesticides, and on or more ofwhich may
naturally occur as a part ofa legal and non-negligent agricultural operation.
All owners of land, whether ranch or residence, have obligations under State law and County regulations
with regard to the maintenance offences and irrigation ditches, controlling weds, keeping livestock and pets under
conlrol, using property in accordance with zoning and other aspects of using and maintaining property. Residents
and landowners qre encouraged to leqrn about these rights and introductory source for such information is 'A
Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Ofice in
Garfield County.
Two (2) dogs will be allowedfor each residential unit and the dogs shall be required lo be anfined within
the owners property boundaries.
\UOHNS\C\CLIENTS\LYON\DAVIS POINT EXEMPTION\Covenants phase 3.doc
I l/01/01
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DECLARATION OF COLORADO COMMON INTEREST COMMI]NITY
LYON FAMILY EXEMPTION ON DAVIS POINT ROAD
I l/01/01; Page2 of7
All exterior lightingwill be the minimum amount necessary and all exterior lighting will be directed
inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that
goes beyond the property boundaries.
No further division by exemption from the rules of subdivision will be allowed.
Only one 20'wide driveway access to the County Road shall be allowed from each lot.
E. DEFINITIONS:
ACC: Architectural Conrol Committee created by Article IV
LOTS: Each lot of Kelly and Michael Lyon Family LLC Exemption on 235 Road shall be
considered a unit, as defined by the CCIOA. Unit, unit owner, lot and lot owner are used interchangeably hereirq
unless the context indicates otherwise.
II. ASSOCIATION
A. ASSOCIATION: Declarant has formed Lyon Family Exemption on Davis Point Road Homeowners
Associatiorq Inc. ("Association") for the purposes of exercising the rights and obligations of the Association as set
forth in this Declaration.
B. ORGANZATION AND OPERATION OF TIIE ASSOCIATION: The Association strall be governed
by a Board of Directors, (executive board as defined by the CCIOA), and shall act through the officers appointed by
the executive board. The terms "executive board" and "Board of Directors, or Directors" are used interchangeably
herein, unless the context indicates otherwise. The Association shall have all powers allowed or granted by law.
There str,all be four Directors who strall consist of a designated representative of each lot shall constitute the Board
of Directors of the Associatiorq except that lots owned by Declarant may be represented by a single individual
appointed by Declarant who strall have as rnany votes as lots owned by Declarant.
C. SURPLUS FUNDS: Any surplus firnds may be allocated to a capital reserye account if the executive
board, by resolution, adopts a plur for use of any such capital reserves. If not so allocated, surplus funds shall be
refunded to lot owners, or credited to them to reduce their future common expense assessments.
D. MEMBERSHIP
l. LOT MEMBERSHIP AND VOTING POWER: Each lot shall be entitled to one membership in
the Association. All lots shall have equal voting power. Memberships str,all be appurtenant to and may not be
separated from lot ownership.
2. CLASSES OF MEMBERSHIP: All memberships shall be of the same class.
E. NOTICE: Notice to members str,all be made by first class mail to the last known address of each
member as reflected on the records of the Association. It shall be each membet's sole responsibility and obligation
to keep the Association informed of each members correct mailing address. Purchasers of lots shall provide the
Association with their names and mailing addresses within 30 days of recording of the conveyance by which a
member takes tifle to a lot. The Association rny adopt alternative or additional means of notification that are
reasonably deemed to be as effective or more so as that stated herein.
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DECLARATION OF COLORADO COMMON INTEREST COMMUNITY
LYON FAMILY EXEMPTION ON DAVIS POINT ROAD
I l/01/01; Page 3 of7
ru. ASSESSMENTS
A. ASSESSMENTS: Each lot stull be obligated to pay a proportional share of the expenses of the
Association levied against and allocated to such lot. Each assessment levied shall be a separate, distinct and
personal debt and obligation of the lot owners against whom assessed. No lot may waive or otherwise escape
liability for the assessment by non-use of t}te common elements, or abandonment of the lot. No assessment
obligation may be passed to a successor in title, unless expressly assumed by the successor and approved by the
Association.
B. ASSESSMENT LIEN: The Association shall have a statutory lien on each lot for any assessment levied
against each lot, or fines or other amounts found to be due against a lot, from the time the assessment fine, or
expense becomes due. Said lien shall have the frrll priority provided by statute. All fees, charges, late charges,
attorney's fees, fines, expenses, and interest outstanding from such lot shall be included in such lien. Said lien stull
be superior to the Homestead Exemption provided by C.R.S. 38-41-201, et seq. and each lot owner hereby agrees
that the acceptance of the deed or other instn"rment of conveyance to a lot stnll signify that lot owner's waiver of any
Homestead Exemption. Unless paid or otherwise satisfied, the lien may be foreclosed in the manner for foreclosure
of mortgages, or in any other manner provided by law. At the Association's sole option, the Association may also
sue for a personal judgment to collect any delinquent amounts from any defaulting lot owner.
C. ANNUAL BUDGET: The Association shall prepare an annual budget of expenses in the manner
provided by law.
D. SPECIAL ASSESSMENTS: If the assessments received by the Association are inadequate to meet the
expenses of the Association, including because of nonpayment of assessments by members, the Association may
amend the budget and levy a special assessment.
E. LATE CTIARGES AND INTEREST: Any assessment not paid within 30 days after the due date shall
bear interest from the due date at lSyoper year. Any delinquent member shall also be liable for attorney's fees and
all other related cost incrured as a result of such delinquenry, including all court, collection, and arbitration costs.
F. NO OFFSETS: All assessments shall be payable in the amounts specified in the levy thereof and no
offsets or reductions shall be permitted for any reaso& unless specifically approved by the Association.
G. ALLOCATION OF ASSESSMENTS:
1. Allocation of interests in common elements and expenses of the Association shall be
determined by dividing the total interest or expenses by the number of lots.2. Allocation of interests and expenses for limited common elements, if any, and expenses
related thereto will be determined by dividing the subject limited common element(s) by the number of lots having
use of the limited common element.
H. DECLARANT RESPONSIBILITIES: Declarant shall be responsible for all Association expenses until
the first of the year following completion of infrastructure improvements.
I. ASSOCIATION RESPONSIBILITIES
l. Filling, maintenance, repair and replacement of the 10,000 gallon water storage tanlg pipelines,
fire hydrant(s) and access road(s) thereto.
2. Maintain property damage and liability insurance for Association property.
3. The Association may take such other actions as the Association or the members may determine
from time to time.
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DECLARATION OF COLORADO COMMON INTEREST COMMUNITY
LYON FAMILY EXEMPTION ON DAVIS POINT ROAD
ll/01/0I; Pzge4 of7
4. LOT MAINTENANCE: If any lot owner fails to maintain the lot and the improvements in a
manner consistent with the requirements of this Declaration and the rules and regulations of the AssociatiorL the
Associatioq upon a vote of a 2/3rds majority of the directors, may enter upon said lot and repair and maintain the
surface and exterior of any improvements in conformance with this Declaration. All costs of such repair or
maintenance shall be assessed against said lot.
USE RESTRICTIONS:
In addition to the Plat Notes set forth above, the following restrictions are imposed as a common scheme
upon the community for the benefit of the commrurity and shall be enforced, at the sole discretion of the board of
directors, as they may deem proper.
A. ACCESSORY DWELLING LOT: To the extent allowed by the Garfield County Subdivision and
Zorung Regulations and subject to ACC review and approval, an accessory dwelling unit may be incorporated into
the primary residence, or on larger lots, as a separate struch[e.
B. ACCESSORY STRUCTLJFCS: One or more non-residential outbuildings rnay be allowed, subject to
ACC review and approval, one of which may be a detached guage. All such outbuildings shall conform to the
general architectural scheme of the residence and the community.
C. ALTERNATIVE ENERGY SOURCES: Reasonable accommodation to design standards shall be
considered for applications for alternative enerry sources such as solar power, but not including windmills.
Screening or alternative finishes that do not unreasonably compromise energy efEciency may be required as a
condition ofapproval.
D. ANIMALS: No more than two large animals allowed on each lot (i.e. horses, cows, llamas, sheep, pigs
or other similar livestock). A reasonable number of cats, chickens, rabbits, and other small animals are allowed, but
mustbe confined to the lot. Any such animals shall only be allowed if they do not rmreasonably interfere with any
other lot owners use and enjoyment. The Association is specifically empowered to take action against any lot owner
or occupant if animals kept thereon become a nuisance. All livestock and pets shall be subject to all applicable
provisions of Garfield County Regulations and any rules and regulations adopted by the Association.
E. CONSTRUCTION: All constnrction materials shall be stored on site in a neat and orderly manner so as
not to create an unsighfly condition or to allow debris to scatter. All construction shall be diligently pursued and
completed. All construction sites shall be provided with access to batfuoom facilities and a trash depository.
F. LIMITATION OF USES: All lots in this community are primarily intended for residential use,
including use as easements and access to other lots. In home businesses or occupations are allowable, to the extent
allowed by Garfield County Regulations. In additiorU any home based business or occupation use shall be subject to
ACC review and approval upon such terms and conditions as the ACC may deem appropriate.
G. MANIJFACTURED HOUSING: All new structures must be new construction, UBC modulars or HUD
homes are allowed with the following restrictions:
L All structures must be on a perrnanent foundation.
2. All exposed surfaces, including foundation must have stucco, brick, stone, or natural wood
siding (Cedar, redwood, etc.)
3. Solid painted surfaces allowed with approval of ACC.
4. Vinyl siding masonite or other wood imitation type materials allowed with approval of ACC.
5. All storage must be kept in a gmage or shed type building, fully enclosed with no outside
storage allowed.
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DECLARATION OF COLORADO COMMON INTEREST COMMI.INITY
LYON FAMILY EXEMPTION ON DAVIS POINT ROAD
I1/01/01; Page 5 of7
H. MINERAL EXIRACTION: No oil or gas drilling, development operationq refining, mining operations
of any kind or any quarrying (excluding operations incidental to development of the property) shall be permitted
within the community, except by the curent mineral rights ovr,ners.
I. MODIFICATION AND AMENDMENTS: The Associationmay modi!, amend, orwaive any of the
foregoing restrictions, or otherwise restrict and regulate the use and occupancy of the community and lots by
reasonable nrles and regulations ofgeneral application.
J. NUISANCES: No nuisanc.e or unsighfly object, in the sole determiration of the Association, using an
objective reasonable person standard, shall be allowed within the Property nor shall any use or practice be allowed
which is a source of unreasonable annoyance to residents or which unreasonably interferes with the peaceful
possession and proper use of any lot. In accordance with the provision regarding pets, is shall be a nuisance for
anyone to keep a dog or other animal tlnt barks, howls or makes other unreasonable noises that interferes with the
peace of neighboring lots. No immoral, improper, offensive, or unlawful use shall be made of the property nor any
part thereof. Nothing in this provision shall be interpreted to unreasonably limit the agriculhual use of lots.
K. SIGNS: All signs shall be subject to review by the ACC.
L. TEMPORARY BTIILDINGS: No used or previously erected or temporary house, structure, house
trailer, mobile home, or olher non-permanent outbuilding shall be placed, or allowed to remain on any lot, except
during constuction, and except as is in place on Lot 2.
M. TRASH: All trash, garbage, refuse, rubbish and vegetation cuttings slnll be kept in suitable containers
and disposed of in a regular manner. Nothing herein slrall be construed to prohibit composting if done in a
reasonable numner so as not to foster or create an unsightly conditiorL vermin or odors.
N. RESUBDIVISION: No further subdivision of these lots shall be allowed
N. VEHICLES:
1. The minimum number of off-street parking spaces as required by the Garfield County
Regulations shall be maintained on each lot.
2. Ody operable and currently licensable vehicles shall be kept or maintained on any lot unless
enclosed in a garage or other screened area.
3. Recreational vehicles, trailers, campers, snowmobiles, ofter sports utility machinery or other
moderately sized equipment or machinery may be stored on a lot, if done so in a neat, orderly and well maintained
manner. Covered and/or screened storage areas or landscape screening are encouaged, but not rnandatory.
4. No construction equipment storage strdl be allowed on any lot.
T. WEED CONTROL: It shall be each lot owners responsibility to control all noxious weeds on the entire
lot. If any lot owner fails to control weeds in a reasonable manner, the Associatioq after 15 days notice, may enter
the lot and perform such actions as it deems appropriate for weed control and assess the lot owner for all expenses of
such weed control.
ry. ARCHITECTURAL REVIEW
A. ARCHITECTIIRAL CONTROL COMMTTEE: There is hereby established an Architectual Control
Committee ('ACC') which str,all be composed of the entire Board of Directors
B. ARCHITECTLJRAL REVIEW: No stnrcture, landscaping, fencing or other improvement shall be
constructed or maintained on any lot and no alteration, or repainting of the exterior of a stnrcture shall be made and
no landscaping performed unless complete plans and specifications, showing the exterior design, height, building
materials and color scheme, location and size of driveways, plan of landscaping, fencing, walls and windbreaks, and
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DECLARATION OF COI.ORADO COMMON INTEREST COMMUNITY
LYON FAMILY EXEMPTION ON DAVIS POINT ROAD
I l/01/01; Page 6 ofl
the grading plan shall have been submitted to and approved in writing by the ACC and a copy of such plans, as
finally approved, shall have been deposited with the ACC.
C. ARCHITECTLIRAL STANDARDS: The ACC stnll exercise its best judgment to see that all
improvements, construction, landscaping, and alterations approved by the ACC conform with the character,
standards, and esthetics of the community as a whole. No ACC member shall be liable in damages to anyone for
any action or inaction in the role of the committee representative or by the committee, whether negligent,
inadvertent or othenvise, related to approval or disapproval of any plans, proposals, or reviewable activities
hereunder.
D. APPROVAL DEADLINE. In the event the ACC fails to approve or disapprove such desigr and
location wi*rin 10 days after said plans and specffications have been submitted to it, approval will not be required
and this article will be deemed to have been fully complied with. To commence the l0 day time period described
herein, the proponent must submit his plans and specifications, in persorL to the ACC chairman or other person
designated by the committee and receive a written dated receipt reflecting the commencement of the l0 day period.
E. VARIANCES. The committee may allow reasonable variances to any of the restrictions contained
herein, or rules and regulations adopted by the Association or ACC on such terms and conditions as the ACC may
impose. No variance shall be granted wfuch contravene any provisions of Garfield County Regulations and
Building Codes. No variance shall be granted until written notice of the request for such variance has been provided
to all lot owners within 200 feet of the subject lot, except tlnt the ACC may require broader notice of any particular
application for variance. Notice strall be given by U.S. Mail, fust class postage prepaid" to the address of record
with the Association for each lot entitled to notice.
F. COSTS: The ACC may assess reasonable fees for any review requested. [n the event t]rat an application
requires exraordinary legal, engineering, or other fees, the ACC shall noti$ the applicant of the estimated extra
costs and shall not be required to take fi.rrther action until the estimated cost of any such review has been paid by
applicant. Any delay caused by applicant's failure to pay costs shall be added to the l0 day review time limit. Any
unpaid ACC review fees or costs may be assessed against the subject lot and owner.
V. COMMON AREAS: The only common area or Association owned property in this community is the
@latedaccessroads,pipelines,easements,andhydrant(s).
VI. GENERAL PROVISIONS
l. ENFORCEMENT. The Association and Garfield County shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, and covenants contained in this Declaration. No
individual lot owners or other 3rd party shall have any right to enforce the provisions hereof. Subject to any
applicable statute of limitations, failure by the Association to enforce any covenant or restriction herein shall not be
deemed to be a waiver of the right to do so thereafter. Garfield County shall be a 3rd party beneficiary of this
Declaration and may, but shall have no obligation to or liability for, failure to exercise its rights hereunder.
2. LENDERS AUTHORITY. Lenders who hold security interests encumbering the lots shall have no
authority to approve actions of the Associatior; or Declarant in exercise of their rights and obligations to the
community. This provision may be amended by Declarant or the Association" if required by law or regrlation, or
general lender requirements, without the consent of any security holders.
4. COLORADO COMMON INTEREST OWNERSHIP ACT. Except to the extent expressly stated herein
and allowed by law, this community shall be governed by the provisions of the Colorado Common Interest
Ownership Act (C.R.S. 38-33.3-10l et seq.) in effect at the time of the recording of the original Declaration.
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DECLARATION OF COI.ORADO COMMON INTEREST COMMLTNITY
LYON FAMILY EXEMPTION ON DAVIS POINT ROAD
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5. SEVERABILITY. If any provisions of this Declaration or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Declaration which
can be given effect without the invalid provisions of application an4 to this end, the provisions of this Declaration
are severable to the extent such can be done so in ajust and equitable manner to all parties concerned.
6. AMENDMENT. This Declaration is subject to amendment by Declarant as more fully set forth herein,
to the extent allowed by law. Any subsequent amendment strall restate the entire Declaration and recording of an
amendment shall provide that the previously recorded Declaration is of no further force and effect.
Kelly and Michael Lyon Family,LLC
By:Date
Iv{anaging Member
State of Colorado)
County of Garfield ) ss.
The foregoing Declaration was acknowledged before me on by
as Managing Member of Kelly and Michael Lyon Family LLC, a Colorado limited
liability company
My commission expires:
Witness my hand and seal.
Notary Public
ARTICLES OF INCORPORATION
LYON FAMILY EXEMPTION ON DAVIS POINT ROAD
HOMEOWNERS ASSOCIATION, INC.
In compliance with the requirements of laws of the State of Colorado, the undersigned,
acting as incorporator of a corporation under the Colorado Revised Nonprofit Corporation Act
(C R.S. 7-l2l-1Ol et. Seq.), does hereby make and adopt the following Articles of Incorporation:
Article I
NAME
The name of the corporation is LYON FAMILY E)GMPTION ON DAVIS POINT
ROAD HOMEOWNERS ASSOCIATION, INC., hereafter called the "Association."
Article II
NOT FOR PROFIT
The Association is a nonprofit corporation as defined in C.R.S. 7'12l-401(26). The
Association is not formed for pecuniary profit. No part of the income or assets of the
Association is distributable to or for the benefit of its Members, Directors or Officers, except to
the extent permissible under law.
Article III
REGISTERED AGENT, OFFICE AND ACCEPTANCE
Kelly Lyon, whose address is 1800 Medicine Bow Court, P.O. Box I10, Silt, CO 81652,
is hereby appointed the initial registered agent of this Association.
The undersigned hereby accepts the appointment as Registered Agent of LvoN FAMILY
E)GMPTION ON DAVIS POINT ROAD HOMEOWNERS ASSOCIATION, INC., WhiCh iS CONtAiNEd iN
these Articles of Incorporation.
Dated this _ day of 2001
Kelly Lyon, Registered Agent
Article IV
PRINCIPAL OFFICE
The principal office of the Association is located at 1800 Medicine Bow Court, P.O. Box
110, Silt, CO 81652,.
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Article V
PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or profit for the members thereof,
and the specific purposes for which it is formed are to provide for maintenance, preservation and
architectural control of the residence Lots and Common Areas within the property known as
KELLY & MICHAEL LYON FAMILY LLC E)GMPTION ON DAVIS POINT ROAD, AS
more particularly described in the Plat thereof, recorded in the real estate records of Garfield
County, Colorado; to take all actions required of it by the Declaration of Colorado Common
Interest Community for said property; and have all other powers, rights, and privileges allowed
by law.
Article VI
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided fee interest in any Lot
which is subject to assessment by the Association, including contract purchasers, shall be a
member of the Association The foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any Lot which is subject to
assessment by the Association.
Article VII
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a Board of Directors, who need not
be members of the Association. The number of directors may be changed by amendment of the
By-Laws of the Association, as stated in more detail in the Declaration.
Article VIII
DISSOLUTION
Upon dissolution of the Association, other than incident to a merger or consolidation, the
assets of the Association shall be dedicated to an appropriate public agency to be used for
purposes similar to those for which this Association was created. In the event that such
dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any
nonprofit corporation, association, trust or other organization to be devoted to such similar
purposes.
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Article IX
INDEMINFICATION
The Association shall indemnify each officer and director, including former offrcers and
directors, to the full extent permitted by law.
Article X
INCORPORATOR
The name and address of the incorporator is
Kelly Lyon
1800 Medicine Bow Court
P.O. Box 110
Silt, CO 81652
In Witness Whereof, for the purpose of forming this corporation under the laws of the
State of Colorado, I, the undersigned, being the incorporator of this Association, have executed
these Articles of lncorporation this
-
day of
-,
2001 -
Kelly Lyon - incorporator
STATE OF COLORADO
COUNTY OF GARFIELD
[, . a Notary Public, hereby certify that Kelly Lyon,
known to .* to Ue th. pe.son *hose na-e is subscribed to the foregoing Articles of
Incorporation, appeared before me on in person and being by me duly
his free and voluntary act andsworn, acknowledged and declared that he signed said Articles as
deed for the uses and purposes therein set forth and that the statements therein contained are true.
My commission expires
Witness my hand and seal
)
)ss
Notary Public
BY-LAWS
LYON FAMILY EXEMPTION ON DAVIS POINT ROAD
HOMEOWNERS ASSOCIATION, INC.
Article I
NAME AND LOCATION
The name of the corporation is LYON FAMILY E)GMPTION ON DAVIS POINT
ROAD HOMEOWNERS ASSOCIATIONS, INC., hereinafter referred to as the "Association"
The principal office of the corporation shall be located at 1800 Medicine Bow Court, P.O. Box
110, Silt, CO 81652 or such other place as the Board of Directors may from time to time
determine.
Article II
DEFINITIONS
Section l. "ASSOCIATION" shall mean and refer to Lyon Family Exemption on Davis Point
Road Homeowners Association, Inc., its successors and assigns.
Section 2. "PROPERTIES" shall mean and refer to that certain real property described in the
Declaration for Michael and Kelly Lyon Family LLC Exemption on 235 Road, Garfield County,
Colorado.
Section 3. "COMMON AREAS" shall mean all real and personal property owned by the
Association for the common use and enjoyment of the Owners.
Section 4. *LOT- shall mean and refer to Lots 1,2,3, and 4 as shown on the Exemption Plat
Section 5. "OWNER' shall mean and refer to the record owner, whether one or more persons or
entities, of the fee simple title to any Lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as security for the performance of an
obligation.
Section 6. "DECLARANT" shall mean and refer to Michael and Kelly Lyon Family LLC, the
Developers, their, its successors and assigns, if such successors or assigns should acquire more
than one undeveloped Lot from the Declarant for the purpose of development.
Section 7. "DECLARATION" shall mean and refer to the Declaration of Colorado Common
Interest Community applicable to the Properties recorded in the real estate records of Garfield
County, Colorado.
Section 8. "MEMBER" shall mean and refer to those persons entitled to membership as
provided in the Declaration.
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Article III
Members
Section L ANNUAL MEETINGS. The purpose ofthe annual meeting of Members is to elect
Directors and to transact such other matters as may properly come before the Members. The
annual meeting of the Members of the Association shall be held one year from the date of
incorporation of the Association, and each subsequent regular meeting of the members shall be
held on the same day of the same month of each year thereafter, at the hour of 7:00 o'clock, p.m.
If the day for the annual meeting of the members is a legal holiday, the meeting will be held at
the same hour on the first day following which is not alegal holiday. However, failure to hold
an annual meeting timely shall in no way affect the terms of Officers or Directors of the
Association or the validity of actions of the Association.
Section 2. SPECIAL MEETINGS. Special meetings of Members may be called at any time by
the President or by a majority of the Board of Directors then in office or by Members owning
one-fourth (114) or more of the outstanding votes of the Association. The purpose of each
special meeting shall be stated in the notice and may only include purposes that are lawful and
proper for Members to consider.
Section 3. NOTICE OF MEETINGS. Written or printed notice stating the place, day and hour
of the meeting and, the purpose or purposes for which the meeting is called, shall be delivered
personally or by mail not less than ten (10) days nor more than fifty (50) days before the date of
ihe meeting. Notice shall be given to each Member entitled to vote thereat, addressed to the
Member's address last appearing on the books of the Association, or supplied by such Member
to the Association for the purpose of notice. If mailed, such notice shall be deemed to have been
delivered when deposited in the United States Mail.
Section 4. PLACE OF MEETING. The Board of Directors may designate any place, either
within or without Colorado, as the place of meeting for any meeting of Members. If no
designation is made, then the place of meeting shall be the principal offrce of the Association in
Colorado.
Section 5. WAIVER OF NOTICE. A written waiver of notice signed by a Member, whether
before or after a meeting, shall be equivalent to the giving of such notice. Attendance of a
Member at a meeting shall constitute a waiver of notice of such meeting, except when the
Member attends for the express purpose of objecting, at the beginning of the meeting, to the
transaction of any business because the meeting is not lawfully called or convened.
Section 6. VOTING RECORD If the Association has six (6) or more Voting Members of
record, the officers having charge of the membership records of the Association shall make, at
least (3) days before each meeting of Members, a complete list of the Members entitled to vote at
such meeting or any adjournment thereof. The list shall be kept on file at the registered office of
the Association or at the principal place of business of the Association and any Member shall be
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entitled to inspect the list at any time during usual business hours. The list shall also be
produced and kept open at the time and place of the meeting and shall be subject to the
inspection of any Member at any time during the meeting. If the requirements of this section
have not been substantially complied with, then upon demand of any Member in person or by
proxy, the meeting shall be adjourned until the requirements are complied with. If no such
demand is made, failure to comply with the requirements of this section shall not affect the
validity of any action taken at such meeting.
Section 7. QUORLM. Unless otherwise required in the Articles of Incorporation, the
Declaration, or these By-Laws, the presence at the meeting of one-half ( I /2) of the membership
shall constitute a quorum. If, however, such quorum shall not be present or represented at any
meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time
to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall
be present or represented.
Section 8. PROXIES. Every Member entitled to vote at a meeting of Members or to express
consent or dissent without a meeting may authorize another person or persons to act for him or
her by proxy. All proxies shall be in writing and filed with the Secretary at least one week prior
to voting, otherwise the proxy shall not take effect until the next voting issue arises. No proxy
shall be valid afterthe expiration of eleven (l l) months from the date thereof unless otherwise
provided in the proxy. Every proxy shall be revocable and shall automatically cease upon
conveyance by the member of his lot.
Article IV
BOARD OF DIRECTORS
Section l. GENERAL POWERS. Subject to the limitations of the Articles of Incorporation,
these By-Laws, and the Colorado Nonprofit Corporation Act concerning corporate action that
must be authorized or approved by the Members of the Association, all corporate powers shall be
exercised by or under the authority of the Board of Directors, and the management and affairs of
the Association shall be controlled by the Board of Directors.
Section 2. NUMBER AND QUALIFICATION. The number of Directors shall be the owners of
each unit, ortheir designee. The Directors need not be Members of this Association. A Unit
owner may remove its appointed Director at any time and appoint a replacement.
Section 3. ANNUAL MEETINGS. The Board of Directors shall hold its annual meeting at the
same place as and immediately following each annual meeting of Members for the purpose of
the election of Officers and the transaction of such other business as may come before the
meeting. If a majority of the Directors are present at the annual meeting of Members, no prior
notice of the annual meeting of the Board of Directors shall be required. However, another place
and time for such meeting may be fixed by written consent of all of the Directors.
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Section 4. SPECIAL MEETINGS. Special meetings of the Board of Directors may be called by
any Director. The person calling the special meeting of the Board of Directors may fix a
reasonable time and place for holding them.
Section 5. REGULAR MEETINGS. Regular meetings of the Board of Directors may be held
without notice at such time and at such place as shall be determined from time to time by the
Board of Directors.
Section 6. TELEPHONE MEETINGS. Directors may participate in meetings of the Board of
Directors by means of a conference telephone or similar communications equipment by which all
persons participating can hear each other at the same time, and participation by such means shall
constitute presence in person at such meeting.
Section 7. ACTION WITHOUT MEETING. Any action of the Board of Directors may
be taken without a meeting if a consent in writing setting forth the action so taken signed by all
of the Directors is filed in the minutes of the Board of Directors. Such consent shall have the
same effect as a unanimous vote.
Section 8. NOTICE AND WAIVER. Notice of any special meeting shall be given at least three
(3) days prior thereto by written notice delivered personally, or be mail to each Director at his or
her address. If mailed, such notice shall be deemed to be delivered when deposited in the United
States Mail with postage prepaid. Any Director may waive notice of any meeting either before,
at, or after such meeting by signing a waiver of notice. The attendance of a Director at a meeting
shall constitute a waiver of notice of such meeting and a waiver of any and all objections to the
place of such meeting or the manner in which it has been called or convened, except when a
Director states at the beginning of the meeting any objection to the transaction of business
because the meeting is not lawfully called or convened.
Section 9. QUORUM AND VOTING. A majority of Directors in office shall constitute a
quorum for the transaction of business. The vote of a majority of Directors present at a meeting
at which a quorum is present shall constitute the action of the Board of Directors. If less than a
quorum is present, then a majority of those Directors present may adjourn the meeting from time
to time without notice until a quorum is present.
Section 10. VACANCIES. Any vacancy occurring in the Board of Directors shall be filled by
the Unit owner within 30 days of vacancy occurring.
Section 1 l. REMOVAL. A Director appointed by a Unit owner may be removed from the
Board, with or without cause. In case of such a removal, the Unit Owner shall appoint a new
Director within 30 days of removal.
Section 12. COMPENSATION. No Director shall receive compensation for any service he or
she may render to the Association. However, any Director may be reimbursed for his actual
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expenses incurred in the performance of his duties, if such expenditures have been budgeted or
approved in advance by the Board.
Article V
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section l. POWERS. The Board of Directors shall have power to
(a) adopt and publish rules and regulations governing the use of the Common fueas and
the personal conduct of the members and their guests thereon, and to establish
penalties for the infraction thereof;
(b) exercise for the Association all powers, duties and authority vested in or delegated to
this Association and not reserved to the membership by other provisions of these By-
Laws, the Aticles of Incorporation, or the Declaration;
(c) declare the office of a member of the Board of Directors to be vacant in the event
such member shall be absent from three (3) consecutive regular meetings of the
Board of Directors;
(d) employ a manager, an independent contractor, or such other employees as they deem
necessary, and to prescribe their duties.
Section 2. DUTIES. It shall be the duty of the Board of Directors to
(a) cause to be kept a complete record of all its acts and corporate affairs and to present a
statement thereof to the members at the annual meeting of the members, or at any
special meeting when such statement is requested in writing by one-fourth (l/a) of
the Class A members who are entitled to vote;
(b) supervise all offrcers, agents and employees of this Association, and to see that their
duties are properly performed,
(c) as more fully provided in the Declaration, to:
(1) fix the amount of the annual assessment against each Lot at least thirty (30) days
in advance of each annual assessment period;
(2) send written notice of each assessment to every Owner subject thereto at least
thirty (30) days in advance of each annual assessment period; and
(3) foreclose the lien against any property for which assessments are not paid within
thirty (30) days after due date or to bring an action at law against the owner
personally obligated to pay the same.
(d) issue, or to cause an appropriate officer to issue, upon demand by any person, a
certificate setting forth whether or not any assessment has been paid. A reasonable
charge may be made by the Board for the issuance of these certificates. If a
certificate states an assessment has been paid, such certificate shall be conclusive
evidence of such payment;
(e) procure and maintain adequate liability andhazard insurance on property owned by
the Association;
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(f) cause all officers or employees having fiscal responsibilities to be bonded, as it may
deem appropriate; and
(g) cause all obligations imposed upon the Association by the Declarations to be
performed.
Section 3. DELEGATION OF DUTIES. In the absence or disability of any Director of the
Association or for any other reason deemed sufficient by the Board of Directors, the Board may
delegate his or her powers or duties to any other Director or any other Officer.
Article VI
OFFICERS AND THEIR DUTIES
Section l. OFFICERS. The Officers of this Association shall be a President and Vice President,
who shall at all times be members of the Board of Directors, a Secretary, and a Treasurer, each
of whom shall be elected by the Board. Any two or more offices may be held by the same
person. A failure to elect a President, Vice President, Secretary or Treasurer shall not affect the
existence of the Association. The Board may from time to time add officers as they may
establish by resolution.
Section 2. ELECTION OF OFFICERS. The election of officers shall take place at the first
meeting of the Board of Directors following each annual meeting of the members.
Section 3. TERM. The offrcers of this Association shall be elected annually by the Board and
each shall hold offrce for one (l) year unless he or she shall sooner resign, or shall be removed,
or otherwise disqualified to serve.
Section 4. SPECIAL APPOINTMENTS. The Board may elect such other officers as the affairs
of the Association may require, each of whom shall hold office for such period, have such
authority, and perform such duties as the Board may, from time to time, determine.
Section 5. RESIGNATION AND REMOVAL. Any officer may be removed from office with
or without cause by the Board. Any officer may resign at any time giving written notice to the
Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of
such notice or at any later time specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective.
Section 6. VACANCIES. Vacancies in offices, however occasioned, may be filled at any time
by election by the Board of Directors for the unexpired terms of such offices.
Section 7. MULTIPLE OFFICES. The offices of Secretary and Treasurer may be held by the
same person. No person shall simultaneously hold more than one of any of the other offices
except in the case of special offices created pursuant to Section 4 of this Article.
Section 8. DUTIES. The duties of the officers are as follows:
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President
(a) The President shall preside at all meetings of the Board of Directors; shall see that orders and
resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other
written instruments and shall co-sign all checks and promissory notes.
Vice President
(b) The Vice President shall act in the place and stead of the President in the event of his
absence, inability or refusal to act, and shall exercise and discharge such other duties as may
be required of him by the Board.
Secretary
(c) The Secretary shallrecord the votes and keep the minutes of all meetings and proceedings of
the Board and of the members; keep the corporate seal of the Association and affix it on all
papers requiring said seal; serve notice of meetings of the Board and of the members; keep
appropriate current records showing the members of the Association together with their
addresses, and shall perform such other duties as required by the Board.
Treasurer
(d) The Treasurer shall receive and deposit in appropriate bank accounts all monies of the
Association and shall disburse such funds as directed by resolution of the Board of Directors;
shall sign all checks and promissory notes of the Association, keep proper books of account;
cause an annual audit of the Association books to be made by a public accountant at the
completion of each fiscalyear, and shall prepare an annual budget and a statement of income
and expenditures to be presented to the membership at its regular annual meeting, and
deliver a copy of each to the members.
Section 9. DELEGATION OF DUTIES. In the absence or disability of any Officer of the
Association or for any other reason deemed sufficient by the Board of Directors, the Board may
delegate his or her powers or duties to any other Officer or to any other Director.
Article VII
COMMITTEES
Section 1. CREATION OF COMMITTEES. The Board of Directors may, by resolution passed
by a majority of the whole Board, designate an Architectural Control Committee, as provided in
the Declaration, and a Nominating Committee, as provided in these By-Laws.
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Section 2. OTHER COMMITTEES. Such other committees shall have such functions and may
exercise such power of the Board of Directors as can be lawfully delegated and to the extent
provided in the resolution or resolutions creating such committee or committees.
Section 3 MEETINGS. Regular meetings of the fuchitectural Control Committee, Nominating
Committee and other committees may be held without notice at such time and at such place as
shall from time to time be determined by the committees themselves, and special meetings of the
committees may be called by any member thereof upon two (2) days notice to the other members
of such committee, or on such shorter notice as may be agreed to in writing by each of the other
members of such committee, given either personally or in the manner provided in these By-Laws
pertaining to notice for Directors' meetings.
Section 4. VACANCIES. Vacancies on committees shall be filled by the Board of Directors
then in office at any regular or special meeting of the Board of Directors.
Section 5. QUORUM. At all meetings of any committee, a majority of the committee's
members then in office shall constitute a quorum for the transaction of business.
Section 6. MINUTES. The committees shall keep regular minutes of their proceedings and
report the same to the Board of Directors when required.
Article VIII
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable business
hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation
and the By-Laws of the Association shall be available for inspection by any member at the
principal office of the Association, where copies may be purchased at reasonable cost.
Article IX
ASSESSMENTS
As more fully provided in the Declaration, each member is obligated to pay to the Association
annual and special assessments which are secured by a continuing lien upon the property against
which the assessment is made. Any assessments which are not paid when due shall be
delinquent. If the assessment is not paid within thirty (30) days after the due date, the
assessment shall bear interest from the date of delinquency at the rate of (2lYo) percent per
annum, and the Association may bring an action at law against the Owner personally obligated to
pay the same or foreclose the lien against the property, and interest, costs, and reasonable
attorney's fees of any such action shall be added to the amount of such assessment. No Owner
may waive or otherwise escape liability for the assessments provided for herein by nonuse of the
Common Areas or abandonment of his or her Lot.
Article X
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NONPROFIT OPERATION
The Association will not have or issue shares of stock. No dividends will be paid. No part of the
income or assets of the association will be distributed to its Members, Directors or Officers
without full consideration. The Association may contract in due course with its Members,
Directors and Officers without violating this provision.
Article XI
FISCAL YEAR
The fiscal year of the Association shall be the period selected by the Board of Directors as the
taxable year of the Association for federal income tax purposes.
Article XII
CORPORATE SEAL
The Association shall have a seal bearing the name of the Association between two concentric
circles and in the inside of the inner circle shall be the year of incorporation.
Article XIII
INDEMNIFICATION
The Association shall indemnify each Officer and Director, including former Officers and
Directors, to the full extent permitted by the Colorado General Corporation Act and the Colorado
Nonprofit Corporation Act.
Article XIV
DELEGATION OF POWER
lf powers of the Board or Officers relating to collection, deposit, transfer, or disbursement of
Association funds are delegated to other persons or to a managing agent, it shall be required that
(l) Other persons or the managing agent must maintain fidelity insurance coverage or a bond
in an amount not less than fifty (50) thousand dollars or such higher amount as the Board
of Directors may require;
(ll) Other persons orthe managing agent maintain all funds and accounts of the Association
separate from the funds and accounts of other associations managed by the other persons
ormanaging agent and maintain all reserve accounts of each association so managed
separate from operational accounts of the Association;
(III) An annual accounting for association funds and a financial statement be prepared and
presented to the Association by the managing agent, a public accountant, or a certified
public accountant.
Article XV
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AMENDMENTS
Section l. AMENDMENTS. These By-Laws may be amended, at aregvlar or special meeting
of the Board of Directors, by a vote of a majority of a quorum of Directors present in person or
by proxy, except that the Federal Housing Administration or the Veterans Administration shall
have the right to veto amendments while there is Class B membership. A copy of each
amendment to these By-Laws, certified by the Secretary of the Association, shall be filed for
record in the Public Records of Garfield County, Colorado. Furthermore, if the Articles of
Incorporation of the Association are amended, a copy of the amendment certified by the
Secretary of State of Colorado shall be filed for record in the Public Records of Garfield County,
Colorado.
Section 2. CONFLICTS. In the case of any conflict between the Articles of Incorporation and
these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration
and these By-Laws, the Declaration shall control.
In Witness Whereof, we, being all of the Directors of Lyon Family Exemption on Davis Point
Road Homeowners Association, Inc. have hereunto set our hands on
OWNERS
Kelly & Jeanette Lyon
Michael& Carrie Lyon
KELLY AND MTCHAEL LvOI.I FAMILY LTD.
P. O. Box 110 - 1800 Medicine Bow Court
Silt, Colorado 81652
October 15,2001
Donald L. Zordel - Chief
Burning Mountain Fire Protection District
PO Box 2
silt, co 81652
Re: Exemption, Nelson Property at062l County Road 235 (Davis Point).
As per your letter dated May 15, 2001, which is enclosed, we have installed a 10,000
gallon underground water tank with a fire hydrant on County Road 235. It is gravity flow
from the tank to the frre hydrant. It is now operational. We are reserving an easement
from the County Road to the tank.
A homeowners association had been formed to keep it full of water and to do any
maintenance. My understanding is that this is for lots one through five.
Please check the system out and let me know if this is what you had in mind.
Thanks,
Manager
Office: (970) 876-5944
FAX (970) 876-se43
yon
lTbTzbZL bb:31 atuaaqtl-ra
Board
furbqn Prrsidsrt
Rob.rt VICC hed,r-,t
BritClYdh,
Michrd
Burning Mountains
Fire Protection District
Box 2
Silt, Co 81652
l)crn Tnrctcl-(lhicl'
May 15,20Ot
SUB-ECT: Extmption, Nelson Property at 0621 County Road 235
To trLmfu-lary Concorn:
This prrg;{,y ie within the Burning Mountains Firc Protection District and we do provide t'ire
protacdoo lo sgro. Due to closc proximity of these lots there should be a 10,000 gallorr cisterrt
barwU lair? and 3 with a dry hydrant, with a 5 inch fire connection. This needs to be accessible
from 35 _IUoBd. This should be for fire protection only.
Yan:
L
Burnirg I.:PD
Lyon Exemption Applicants Proposed Recommendations
lIlI9/2OOl1, Page 2 of 7
APPI I(-ATIr)N E KELLY ANT) I\/tIaHAtrI I V JEAI\/ITTVIIa
FOR E)GMPT PLAT HEARING IIII9IOI
R tr,COIVIIVIFND A TTONS PR nposFt-)BY APPLI C ANT
Applicants request the Boar{of County Commissioners APPROVE the
requested Exemption request forpw)ots, with the following conditions:
l. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval;
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension, and area of the proposed lots, 25ft. wide access to a public right-
of-way, and any proposed easements for setbacks, drainage, irrigation, access or
utilities. The extents of all easements, existing and proposed, must be shown on the
plat
3. That the applicant shall have 120 days *until 3ll9l02) to present aplat to the
Commissioners for signature from the date of conditional approval of the exemption.
4. That the application shall submit the applicable School Site Acquisition Fees for the
creation of the exemption parcels prior to approval of the exemption plat, in the
amount of $600 for the three new lots created by this Plat.
5. That the 1978 Garfield County Zoning Resolution, Subdivision Regulations and the
Colorado Department of Health standards shall be complied with.
6. The recommendations of the Burning Mtn. Fire Protections District (BMFPD) shall
be followed. It shall be applicant's responsibility to initially fill the tank and fire
protection system and the Homeowner's Association's responsibility to maintain the
tank, easements and related facilities. Plat Note #1 shall be amended accordingly.
ISSUES IN CONTENTION
Staff asserts that the existing well permits cannot be used for refilling the fire
protection water tank based upon phone information from someone in the State
Engineers Offrce. Therefore Staffrequests that applicant be required to provide a
source for refilling the fire protection water tank.
Applicant, in response, has submitted the following
The chances of actually using the water in the fire protection tank are
extremely remote making refill an extraordinary event that can be dealt with
by the Homeowners Association in the distant future. Water for filling the
U
Lyon Exemption Applicants Proposed Recommendations
llll9l211l; Page 3 of7
a
a
tank can be obtained from numerous sources, including commercial water
haulers, local towns, irrigation rights, etc.
Applicant also submits that Staffs interpretation of the existing well permits is
incorrect. C.R.S. 37-92-602(l)(b) [which defines exempt wells] statesthe
following:
"Wells not exceeding fifteen gallons per minute of production and used for
ordinary household purposes, fire protection, the watering of poultry,
domestic animals, and livestock on farms and ranches and for the irrigation of
not over one acre of home gardens and lawns but not used for more than three
single-family dwellings "
It is clear that fire protection is an assumed use of domestic water wells under
the statute. The omission of fire protection as an enumerated use of these
wells by the State Engineer's Office, contrary to the statute, does not
constitute a valid limitation on that statutorily authorized uses. The position
that a domestic water well cannot be used for fire protection activities at the
using residence defies logic and reason.
APPLIC ANT PROPO SED RECOMMENDATION
Refilling of the fire protection tank is the responsibility of the
homeowners association. Plat and covenant notes to be $)/
r
accordingly.
7. All required improvements, includingbqdt
u-)t-Fa-u-ti-
limited to roads,
the right of way line. This p
in the covenants.
!uJ-t
and fire
/' tr\vrI.N..\v
8-9
l0
exl
protection, have been installed axd ared[eratiQnal as of this hearing. Each water
well has been shown to meet the criteria in section 8.42D (1-7) except for a
bacteriological test for the well on Lot 2, which must be provided prior to signing
of the exemption plat.
ROAD RIGHTS OF WAY: Applicant shall convey to Garheld County, by Quit
Claim Deed, a 60'right of way for Davis Point Road and shall convey by Quit
Claim Deed to Garfield County, as right of way for Peach Valley Rd. all portions
of the W1/2SW1/4 of Sec. I located north of the existing right of way fence (This
conveyance includes sufficient right of way to square up the Davis Point/Peach
Valley Rd intersections). When and if the County requires use of the expanded
right of way, the adjacent prop_erty owner shall be ob,tigqtgd to remove the
sting fence and replace it on sion-sh-anT6--..=rovl
asa
Sr a. The "parent parcel", sometimes referred to as Lot 5 is shown on the Exemption
Plat for purposes of clarification only and except for the road rights of way
discussed above, this Exemption Plat has not effect on the "parent" or remainder
Parcer
W,,.,tctsu: .
U
Lyon Exemption Applicants Proposed Recommendations
11/l9l201l;Page 4 of7
oP"
b. The building envelope on Lot 3 shall be amended to provide for a 25' setback
from the top of the steep slope along the eastern boundary of the lot, consistent
with FIP Geotech's recommendations.
c. Add the following as a Plat and covenant note: Any alteration of the building
. \: - envelopes, as shown on the final Exemption Plat, shall be subject to County
D\. review and consent, which, at the County's discretion, may require a public
hearing.
Add the following plat and covenant note. Applications for building permits on
Lots 2, 3, and 4 shall include a site specific lot development plan andlor report
prepared by a licensed professional engineer. At a minimum, any such plan shall
address mitigation of geo-technicalhazards, foundation and ISDS design, and any
other issues deeded necessary by the building permit applicant's engineer. Said
engineer shall certify to the applicant that the improvements have been installed
according to the plan prior to issuance of the Certificate of Occupancy.
ll
12. The Covenants shall be amended as follows
a) Include fire protection for Lot 5 (delete: Lot 5lparent parcel not included infire
protection plan)
b) Only one dog allowed per 8:60(I)(1)
c) Stated used must be consistent with existing water rights [see staffdiscussion at
IV.L.3, page 8) [The well permits provide that the wells can be used for watering
of domestic animals. Staff apparently takes the position that horses, cows, etc as
listed in the covenants are not "domestic animals". Domestic animals are not
defined in the Title 39 of the Colorado Statutes which deals with water rights,
however, in reviewing other statutes, it is clear that domestic animals are all
animals kept by people. The only apparent distinction in the statutes is that
"livestock" means domesticated animals kept and raised for a profit.] The
covenants should be amended to delete the word livestock and substitute
"domestic animals"
d) Add discussion of restrictions of outdoor use of well water to covenants, i.e
restriction to 6000 sq. ft for lots 1, 3, and 4lLot 2 well is limited to 1 acrel
e) Mineral extraction notice: add the following
MINERAL RIGHTS: As of the recording date, all mineral rights in the property
which is the subject of this Exemption Plat are owned by the Applicants and are
unleased. In the future these mineral rights may be severed from surface
ownership and/or leased for mineral exploration and production. The only known
mineral resource in this area is natural gas. If the mineral rights are severed
and./or leased, the Oil and Gas Lessee may be entitled to use a reasonable portion
^V
$,"
,J
Lyon Exemption Applicants Proposed Recommendations
llll9/2001; Page 5 of7
of the surface for exploration and production of those mineral rights (including,
but not limited to: seismic exploration, well pad construction, well drilling, roads,
pipelines, dehydrators, separators, collection tanks, and compressors) without the
consent or compensation of the surface owner.
f) Sec. III T: add provision that HoA responsible for weed control on common
areas such as the fire protection tank and related easements.
g) Sec. VI(l): Restrict Garfield County enforcement to covenants/plat notes
required by Garfield County.
h) Add ISDS maintenance plan to covenants and restrict buildings to the building
envelopes shown on the plat.
13. The following plat notes shall appear on the Plat and in the covenants
Unless otherwise noted, these restrictions and limitations apply to Lots l, 2, 3, and I only.
One (l) dog will be allowed for each residential unit and the dog shall be required to be confined
within the owners properly boundaries.
No open hearth solid-fuel fireplaces will be allowed anywhere within an exernption. One (l) new
solid-fuel burning stove as defined by C.R.S. 25-7-401, et seq., and the regulations prornulgated
thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number
ofnatural gas burning stoves and appliances.
All exterior lighting will be the minimum amount necessary and all exterior lighting will he
directed inward, towards the interior of the subdivision, except that provisions may be made to allow for
safetv lighting that goes beyond the property boundaries.
No further division of these lots or the Parent parcel by exemption from the rules of subdivision
will be allowed.
Applications /or building permits
plan and/or report prepared by a licensed
and 1 shall include a site specific lot development
engineer. At a minimunt, anv such plan shall
on Lots 3,
adclress mitigation ofgeo-technical hazards, foundation and ISDS design, and anv other issues deeded
necessary by the building permit applic:ant's engineer. Said engineer shall certtfu to the applicant thot the
improvements have been installed according to the plan prior to issuance o/ the Certificate of Occupancy.
Any new buildings shall avoid areas ofnatural drainage. l{atural drainage shall be presened to
the maximum extent possible
All recommendations made by the Burning A,[ountain Fire Protection District in letter to Kellv
Lvon dated 5/15/2001 shall befollowed.
WARNING: Iilater qualitlt tests for the water wells on these lots exceed Colorado Departrnent of
Health recommended limitsfor dissolved solids. Water treatment may be necessarv to irnprote taste and
quality.
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 qccept 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
Lyon Exemption Applicants Proposed Recommendations
lll19l2OOl1,Page 6 of7
character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust,
smoke, chemicals, n achinery on public roads, livestock on public roads, storage and disposal oftnanure,
dnd the application by spraying or otherwise of chemicalfertilizers, soil amendment.s, herbicides, and
pesticides, and on or more ofwhich may naturally occur as a part of a legal and non-negligent agricultural
operation.
All owners of land, whether ranch or residence, have obligations under State law and County
regulations with regard to the maintenance offences and irrigation ditches, controlling weeks, keeping
livestock and pets under control, using property in accordance with zoning and other aspects ofusing and
maintaining property. Residents and landowners are encouraged to learn about these rights and
introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by
the Colorado State University Extension Office in Garfield County.
Road right of way fences may not be located on the actual road right of way. tt is the adjacent lot
owners responsibility lo remove non-conformingfences and replace on the right ofwalt line upon demand
by Garfield County.
Any alteration of the building envelopes, as shown on thefinal Exemption Ptat, shatl be subject to
Couttty review and consent, which, at the County's discretion, may require a public hearing.
AIINERAL RIGHTS: As of the recording date, all mineral rights in the property which is the
suhiect of this Exemption Plat are owned by the Applicants and are unleased. In the future these mineral
rights may be severedfrom surface ownership and/or leasedfor mineral exploration and production. The
on ly lcnown mineral resource in this area is nqtural gas. If the mineral rights are set,ered and./or leased,
the Oil and Gas Lessee may be entitled to use a reasonable portion of the surface .for exploration and
production of those mineral rights (including, but not limited to: seismic exploration, well pad
construction, well drilling, roads, pipelines, dehydrators, separators, collection tanks, and cornpressors)
without the consent or compensation of the surface owner.
Now-15-OL 04i54P flatops electric
rfffiirilEilEfffits Gffi I
970 476 5520 P-Oe
Evl.,r\orL \+
3702 (:t',1rNTy tfl ) 2 t4
SII,T. Co $t652
Novcmher 16,Z00l
Dear John Martin Chairman and Garfield County Commisioners
We are writing this lstter in regards to the Kelly and Michacl Lyons subtlivision exemption request;
After reviewing the Covenants they havc written for the subdivision we ars tlirappointcd inthe lhct that
modularsarEallowed. We fcel that to rtay within the charactcr ol-the neighborhood and rhe
surrourding subdivisbm i.e. C'odars Hills, Sunrise and Feach Vdtey Acres wfiosc c'ordrants specifically
statc that no rmdulars or mobih hom6 bo dlowcd These uubdivisions arc adjacent or within I rnilc ot'
the Lyons' PUD, Anothcr et)troern rr,mdd b6 thst thc mrxlulans would have a negatrvc economic efTect
tothc cxisting honrcs-
It is also our understanding that thsls arE ruirril.aals,rro ligbtrng or height rc*trictions. We would ttpe
that thefbrotrro items would be eddresssd acsor<lingly, As the existing subdivision rnentioned abovi
have strict lishting cuvcnants- These subdivisions have very minimal or no stroet lighting, T'he building
height restriction fior Pcach Valley A$rffi Subdivision isZT'.
I'he safcty of Davis Point Road would be aaothcr coficern, this road is very narrow and has twu vcry
dangBrous intcrsc*tionsoflc with I lighway 6 &24 and the other with County Road ?t4. Both
intersections are on a sharp curve and have slight to medium grade.
We fcel that thesc minor adjustment could be made with minimal cosr to the devclgper and this wgulrl
keep the integrity and character of the neighbor the same. 'Ihank you for your tirne and cooperation on
this matter.
Cordially,
Puach Valley Acres Subdivision
,,.;l{ts-*
Garlleld Countv
Detention Facility Crestone Merrick/VANI R
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EXVltotl-f
November 16,2001
Ms. Kit Lyon
144 YzEast Third, Suite 208
Rifle, CO 81650
RE: Kelly and Michael Lyon Family Subdivision Exemprion
Dear Kit:
On behalf of Kelly and Michael Lyon, our comments regarding the approval conditions
recommended in pages 9-11 of the staff Report are as follows:
1-5. No Comments.
we request the the last sentence, stating "prior to any finat approval of the exemption,
amended well permit which specifies fire protection for five residential lots must be
provided, or a new well under a separate well permit must be installed to serve the fireprotection tank. " be removed. The tank is already filled. If necessary, the tank can be
refilled from many potential water sources, including the irrigation ditch or with water
hauled in from the Town of Silt.
The Applicant has provided documentation for each well to meet the criteria in Section
8:42D(l-7). Please specify which of these criteria have not been met for each well. If
9
10.
11
t2
t3
We request that this condition apply only to Lots 3 and 4 to be consistent with
recommendations by Michael Erion, P.E. of Resource Engineering and Jordy
Adamson, P.E. of H-P Geotechnical. Also, we request that the ..plan,, be a ,,plan
and/or report" (at the discretion of the p.E. that is preparing the plan)
o,y-
No comments.
We request that the following two proposed plat notes be revised as follows:
"Lots 2,3 and 4 shall provide a site specific lot development plan Atdlnt'red$tt as part
of a building permit application. .... "d-"All recommendations made the Mountain Fire Protection District
(BMFPD)shall be followed. "
Thank you for sending us a copy of the Staff Report for our review. please forward our
comments to the Board of County Commissioners for their consideration.
Sincerely,
ENARTECH, INC,
Peter Belau, P.E
PB/jlw
Kelly Lyon
John Savage
Jordy Adamson
Sam Phelps
E-mail: peterb@enartech.com
COMMON\PJB2(DL\477-01_L]r K Lyon 1l 1501
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