HomeMy WebLinkAbout1.0 Application1.
SKETCH PLAN
ST. FINNBAR FARM SUBDIVISION
TABLE OF CONTENTS
APPLICATION FORM
LETTER OF APPLICATION
OWNER & CONSULTANTS LIST
PROOF OF OWNERSHIP & LEGAL DESCRIPTION
VICINITY MAP
INTRODUCTION AND BRIEF HISTORY
EXISTING SITE CONDITIONS & EXHIBIT
PROPOSED SUBDIVISION DESCRIPTION
SKETCH PLAN
ISND USE SUMMARY
RELATIONSHIP TO COMPREHENSIVE PLAN
ZANCANELLA & ASSOCIATES LETTER RE. WATER SUPPLY
LINCOLN DEVORE GEOLOGY / SOILS REPORT & SCS SOILS MAPPING
LETTER FROM HARDIN HOLMES
U.S. ARMY CORPS OF ENGINEERS WETLAND VERIFICATION LETTER
MASTER PLAN ROARING FORK RIVER RESTORATION
JHI.]_89-1998 E6:25 JIil I'IINDLIIIG USR +1 283 2?7 9519 P.A1
LAND DESIGN PARTNERSHIP
918 Cooper AvGnu6. Glcrr'rood Springa, CO 81801
970-945-224S I Fat 970-9lil0€o
JanuarY 9, 1908
Mr. Erie ifccffierty
Senior Planner
10E 8th strcct
Glenuffi $Pnngs, CO 81601
Re: St. Finnbgr Farm Subdivision , Sketch Plan
Dear Eric:
Attached herewith are fifteen copies of a sketch Plan and supplerrentsl infonnation aa
required for sketch plan review an(acheck for the application fue sf 3325 for the $t'
Finnbar Ferm Subdivieion. t reque=init this application be placed ol the Plannirtg
and Zoning Corrtmission agrcnd. t*iitii i"g'fiiFebruary meeting' The ourner' St'
Finnbar Land company wilr be ,"pi"i"nt"Jii trr" ccnerir Manager Jim Mindling and
rny$lf ee ProFct Plenner'
rf yo, haye questions or require any additionar information prease do not hocitab to
contact rne.
Roneld E. Lieton
JqN-EB-1998 19:45 P.6ag7Mvffi6
IJ xxSl<etch PlanPreliminary
FinaI PIan'
Plat
SUBDIVIS ION
SUBDIVIS I
OWNER:
NAME:
BNG I N E E R/PryR,/S [IRVEYOR :
LOCATION: SecLion 3 l
WATER SOURCE:
SEWAGE DISPOSAT, MDTIIOD:
PUBLIC ACCESS VIA:
ON
S
APPLICATION FORM
EXISTING ZONING:
EASEMENTS: UtitiLy
+
DL.ch /rfutq/
TOTAT, DEVE[.OP}IEN1' AREA:
(1) Resldential
Single Famiy
Ituplext"lulti-family
Mob I le llome
l2l Commerclal
( 3) rndustr laI
( 4 1 PubI lclQuas i -PubI ic -
( 5 ) Open Spa ce,/Common Ar ea
TO',fA[.:
PARKING SPACIIS:
Resideni:ial Mtfa .5G
Commercial
Numbe r Acres
floor Area
8"6,b
Acres
1.7
sq. f t.
sq.ft..
y.o4l e-Att-h^r4 +
-tagztr*t4^+2b.1
fndusLrial
OWNER of I-AND PROPOSED for SUBDIVISION
St. Finnbar Land Company
Genera! Manager: James Mindling
Ph.203-222-0446
Mail: C/O Ron Liston
918 Cooper Ave.
Glenwood Springs, CO 81601
CONSULTANTS
PLANNER
Ron Liston
Land Design Partnership
918 Cooper Ave.
Glenwood Spring, CO 81601
Ph. 945-2246 Fax. 945-4066
ENGINEER. WATER
Tom Zancanella
Zancanella & Associates
1005 Cooper Ave.
Glenwood Springs, CO 81601
Ph. 945-5700 Fax. 945-1253
ENGINEER - CIVIL
Tim Beck
High Country Engineering, lnc.
923 Cooper Ave.
Glenwood Springs, CO 81601
Ph.945-8676 Fax.945-2555
a2/67 /9A l2r 47
AUA owntn's POUCY
RLH/ltn
I 303 945 708 t STEIJpRT
SCHEDULE A
TITLE G g2
Y</ 074'oal
0-9941-32 1855
lnsurance: S 1 ,000,000.00
Order No.: t6zZg-C Pollcy No.:
Dateof Policy:p6sember 20, 1989 At 2t46 P.M. Amountol
t. Name of lneured:
s'r. PINNBAR LAIID COMPANY, A C0IIORADO CORPORATION
2. The oBtste or lnteroot ln the land whlch le covered by thlo pollcy le;
FEE SIMPLE
3. Tllle to the ogtato or lnisraBt ln the land la voBlod ln:
sT. EINNBAn r,AND COMPANY, A COLORATJO CORPORA'IION
4. the land relorrod to ln thls pollcy ls dsscrlbed as follows:
SEE PAGE 2A
TSTII;\ryAII'I TITI,TI
GUAiANTY COTfPANY
COOe fn!, Grv. UErl Paor 2
02/07 /90 I 2: 4 I
ORDER NO. t 16779-G
Attached to and made a parl
Contlnuatlcln ol Scheduls
8 303 945 748 I STETIART T I TLE
ol Slawart Tltl6 Guaranty Cotttpany Pollcy No'
A-No. 4
0"9941-3218s5
A parcel of land slbuabed
Townshlp 7 Soubh, Range 87
Garfteld County, Colorado.
descrlbed ae follows r
Begtnnlng ab a rebar and cap merked L.S. 19598, whence the wltneas
eorner Lo the northeast cornet of saLd. SecbLon 31 bears Norttr
+Io08'04" Easb, 3203.06 feebl
thenee Sout.h 11o37'2?" West, 1304.69 feet;
thence Soubh 23o 40' 24 " 9ile tt , 80 . 58 f est I
Ehence Bouth 36004'45" Wesbr 85.16 feet to the centerllne of bhe
Roarlng Fork Rlverp
thence bhe followlng etght courEeo along sald cerrberlltte of rlverl
1) Norbh 65o57'30" West, 56,75 feeb,
Zl NorBh 63o59'48" 9\lest, 319.32 feet,
3 ) North 66o50' IB" ?[eat , 203. 39 f eeb,
4) North ?5033'2L" gilest, 272.62 feeL,
5) Norttr A4aZ5'20" Wesb, 25?.22 feeb,
6) Norbh 87o41'19" Wesb, 223,L4 feeb,
7 | Norbh 88o30'35" WeBb, 346. 12 feet,
B) NorEh 65o59'25" tlegE, I20.15 feet,
bhence leavtng s&ld centerllne North 00o30'00" !'!esb,
bhence South 88o31'40" lilegt, 499'89 f eeb;
thence North 00o00'33" Eagb, 1273.Og feotl
thence North 89611'07" EaeE| 471.3A fcet;
bhence North 00o00'18" EaaE, 262.L7 feet,
t,hence South 76o 47' 40" Eaeb, 1038. 73 f cet;
thence South 13otZ'20" lleEb2 120.00 f oeb;
t.henee SouLh 810 01 ' 17 " East , 245,92 f eet I
233.20 f eeL;
thence Soubh 41o30'29" EasE I A9,74 feeb;
Lhence gouth 62"48'46" EaBE,375.98 feeUi
thence Sout,h 77o44'52" Easbr 3I7.09 feet;
Ehence South 72o4L'32" EaEb,136.34 f,eeb to the polnb of beglnnLng"
COUNTY OF GART'IELD
STATE OF COLORADO
\/
.1,\.
\ss'$
p )tn4
2-A
Page ---
ln Lobg 6, t2, 13 and 19 of Sectlon 31 o
wesb of bhe Sirth Prlnclpal Merldlan,
Satd parcel belng more parblcul"arly
1/
H '1" Il \\"r\ lt'!" "li' [ 'fl* E ' n:)
,rrl r ll/t !{tf t't!!3 i/' ^ N $
, 02/97 /96 122 48
. ALIA OWNEN'g POL'CY
ORDEF N0. r 16779-G
,. 343 ,r, iw srErrAR, ,rr.: n
a_4fi5
ECHEDULE 6
PolicY No':
This policy.doos not irreure against los8 or demege (ond the comp6ny will rtot
loes or anpeneeatwhlch arire by reeson of:
l. Flghts or claimr ol partiee ln posseseion not shown by the public recorde'
2. EasementS. or claims of eag6menls, not ghown by thO publlc records'
3. DieCrepancies, Conlllcts ln boundary linss, shortege in area, onoroachrnents. and eny lacts whiclr
a corroct 6urvoy and inspection of ilre premieos would dleclose antl wlrich aro nol shown by tlte
publlc recorde.
4. Any lien, or riglrt ro a lien, lor services, labor or rnotorial hsretolore or herealtsr lurnlshed'
imposad by law and not shown by tho publlc recordB'
5, Any and all UnpAld taXeg and aEBegsmenta oncl any unredeemed
tax saleg '
6.Theeffecbofincluslonslnanygeneralorepeclflqwaber
conserv*nCyr f Ire pto[".tt-n, -soif conservaLion or other
dtgErtct or: lncluslon ln any water servlce or sbreeb
lmProvemenb are&.
7, Rtghb Of Lhe Proprletor of e vetn or lode Eo exbract and remove
h1g ore ttrereiromr atrJufa t,he same be found to penetrate or
lnberseet bhe premfaei hereby-granted, BB regerved tn Untted
States PaEenbs reeorded ae follows I
RECORDzu NOOXIPAGE RECEPTION NO '
FebruarY 19, 1915 7Ll6O3 51238
Auguab LL, 1894 LZt333 ]7568
June 24, 1895 L2l36A f8504
B. Rlght Of way for dltchea or canalE con6brUcted' by Ehe aubhorlty
of bhe Untbed Stabt",--"i iieerved tn Unlted' Sbabes Pabenta
0-9e4 I-32185s
p8y costs, altorneys
RECEPI'ION NO.
17568
18504
!{ T H }vn. lt'l"l' r 'l' l, li
^rfl..rrf" t:tffl,ANY
recorded aa followa t
RECORDED
Auguat It ' 1894
June 24, 1895
DOOK/PAGE
r2 / 333
L2l 366
g. Eaeemenb and rigtrb of way fgt plpellne purPoB-eE a6 grented to
Roclty nount,ain fraturat GLs Gomiany' Inc-' by the T o Raneh
Company of -Cotorado by-i.,"tt,r*LnU- reEord''d October 19' 1961
in Book 3J7 at Page 236-;;-n""rpilo"-ll"' 215439' in which
speeif ic io"iifin"of bhe eaaeroeirb la noL def lned.
10. Easemenb. and rlght, of way for electrlc brangnlsgl.on or
-/dtstrtbution tlne p,rrpoi'"r-"u gi"lteA-t'o-HoIy Crol-rs Elecbrle
Assoeiablonr rnc, ry cei[iua" i' 'ra.ni"i-bt-i'nstrumene reeorded
"/iruly r3, i'giz''ii'so-ok 43i- au-p*g" rri-'as*freieprlon No. zs44e4,L
tn whtch apecif lc locablort .cf .ile.gqpe.\an!.Ls..ne9*.{-eJln'eq',' '. -- -
11. Reatrlcblons as contalned ln Probecblve covenanba' recorded April
?, 1969 rr"go"k +oi au'F"gu z8 "r Recepblon No. 234115'
See Conblnuatlon Page
02/97 /90 l2r 49 I 303 9.15 TOg l STEL,ART T I TLE G
_ 0RDER N0-:15779-C
o -994 1-321855
. Altachcd to and made a part ol Slewerl Tllle Guaranty Company Policy No'
Cotrtlnuatlon ol Schedulo B
!7, Rtght of way for the unlnberrupbed flow of the Roarlngr
Fork Rlver.
13. Rlght of wey ror bhe unlnterrupbed flow of BIue Creek'
14. Righb of, way easenent aB granted, to IIoIy Crose Elecbrlc AeeociaElon
i"i., by Trudi peeb by Doiument recorded Sepbember 1.7, 1984 ltt
Book'656 at, Page 856 aa Recepbtort No' 355739'
15. Terms And condlblonE Of Ehe Agreemenb, Eare-menb-Grant bebween
GerLrude L. Feet and Ehe Ranch at Roarlng Poq! tlomeourners
AssoclabLon rne., re-recorded Ocbober 22-,1986, ln Book 697 ab Page
516 aa RecePtlon No. 375658.
3-A
Page
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ST. FINNBAR FARM SUBDIVISION
Sketch Plan
INTRODUCTION AND BRIEF HISTORY
The St. Finnbar Farm property was purchased by St. Finnbar Land Company in 1989'
Discussions with the Ranch at Roaring Fork (Ranch) were initiated in 1990 in an effort
to secure sewer treatment services from the Ranch. After two years these efforts
proved unsuccessful, and in 1993 a preliminary subdivision plan with individual, on site,
engineered wastewater treatment systems was presented and reviewed by Garfield
County for the property. The Planning and Zoning Commission rejected the plan using
individual disposal systems requesting that another effort be made to reach an
agreement with the Ranch at Roaring Fork for the provision of central wastewater
treatment services.
After nearly three more years of discussions, St. Finnbar Farm Land Company signed a
memorandum of understanding with the Ranch at Roaring Fork Home Owner's
Association Board of Directors in the spring of 1996. The Board of Directors were
committed to promote an approval by the general membership of the agreement with
St. Finnbar. Based on this progress and in anticipation of an approval by the Ranch, a
Sketch Plan for 14 lots was submitted and reviewed by Garfield County. The five
additional lots were presented in an effort to offset the cost of the central wastewater
treatment facility. Subsequently, a vote of the full membership at the Ranch failed to
approve the agreement presented by the Board of Directors. This brought to a close
several years of negotiations with the Ranch at Roaring Fork.
Following the documented rejection by the Ranch, the Colorado State Department of
Health acknowledged their willingness to review a Site Application for a new sewer
treatment plant site at St. Finnbar Farm, if such site were made available to serve a
regional area including the Ranch at Roaring Fork, Preshana Farm PUD and the
Wltaorf School. Over the next several months St. Finnbar consultants proceeded to
prepare and process a Site Application for a wastewater treatment plant on the St.
Finnbar site but in early November the Ranch at Roaring Fork contacted St. Finnbar
representatives and offered to provide sewer service. The Ranch Board of Directors
had held another vote of the full membership of the Ranch at Roaring Fork Home
Owner's Association and had received approval to renovate and expand their existing
facility and also to offer service to limited properties outside of the Ranch boundary.
Subsequent discussions have resulted in an Agreement that is expected to be signed
by the Ranch at Roaring Fork in late January, 1998. See the attached letter from
Hlrdin Holmes, counsei for the Ranch at Roaring Fork Board of Direc
Ofu{r;r,
J{r:
1
EXISTING SITE CONDITIONS
St. Finnbar Farm is an 85 acre site bounded by the Roaring Fork River on the south,
Preshana Farm PUD and equestrian center on the north, County Road 100 on the east
and open space areas of the Ranch at Roaring Fork on the west. The property is
zoned Agriculture/Residential/ Rural Density.
Blue Creek flows east to west near the northern boundary of the Farm. Midway through
the property the creek splits with one channel running to the southwest and the other
continuing to the northwest corner of the site. Both channels exit through the west
property line. Areas of the site are located within the 100 Year Floodplain and the 100
Year Floodway. Over much of the site, the floodplain and floodway line are
coincidental. The Sketch Plan shows the boundaries of the FEMA mapped
floodway/floodplain which generally follow the Blue Creek drainage, an old secondary
stream channel and the main channel of the Roaring Fork on the south boundary. The
proposed development areas of the site are above the 100 Year Floodplain.
During previous reviews by Garfield County, the Colorado State Geological Survey and
the Colorado Water Conservation Board commented that there was potential for gross
lateral movement of the river channel based on the history of the river in the past 10 to
15 years. At that time, the St. Finnbar floodplain engineer, Tim Beck, reviewed aerial
photographs and available mapping and could find no confirmation of river channel
movement that would suggest any significant risk to areas of the St. Finnbar site
proposed for residential structures. Furthermore, Tim reviewed the floodplain mapping
utilizing a one foot contour interval map of the site and found it to confirm the FEMA
mapping. The practical influence of floodwater may also be altered by the recent
improvements to County Road 100 from the bridge to Hwy 82. The County has
improved and repaved this stretch of road and in the process raising the grade of the
road. This increased elevation will tend to divert the sheet flow flood waters back to the
primary flood channel of the Roaring Fork River and to the secondary flood channel of
Blue Creek. A detailed drainage and flood hazard assessment will be presented with
the preliminary plan.
Since the date of the State agency referral letters an extensive river channel
stabilization study and master plan have been completed for the Roaring Fork River
from the Catherine Store bridge to the Carbondale Hwy 133 bridge. This effort was
initiated in the summer of 1995 by the U.S. Justice Department and the U.S. Army
Corps of Engineers. At this meeting a consultant hired by the Justice Department,
Dave Rosgen, made a presentation on the characteristics of the Roaring Fork River
.and the types of activities that the Corps of Engineers would support for the
stabilization of the river channel. The government consultant described the gross
movement of the river immediately downstream from the Catherine Store bridge as
unlikely. At this meeting the property owners along the river were encouraged to unite
and prepare a master plan for the stabilization of the river that the Corps could use as a
guide for the review of future permits for work along and in the river. Property owners,
including St. Finnbar, subsequently created the Roaring Fork Restoration Fund that
was used to fund a river master plan by Mr. Rosgen. Some of the downstream
properties have already implemented river stabilization improvements identified by the
master plan with the authorization of the Corps of Engineers.
Attached with this application are cross sections from the river master plan showing the
recommended improvements to the river channel adjacent to St. Finnbar Farm. These
improvements will stablize the main channel of the river and reduce scouring pressures
from the river banks. St. Finnbar proposes to implement these river improvements
following issuance of appropriate Corps permits. The slope along the north bank of the
river for over a 1,000 feet downstream from the bridge is heavily vegetated with both
trees and shrubs, further serving to stabilize the river channel. This vegetation will not
be disturbed by the proposed development or the river channel improvernents.
Wetland boundaries were completely remapped by Aquatic and Wetland Consultants
this past summer (1997). This wetland edge was surveyed, mapped and submitted to
onsite inspection by the Corps of Engineers. Attached with this submittal is the Corps'
letter verifying the wetland boundaries as staked in the field and as shown on the Sf.
Finnbar Farm Subdrvisrb n Jurisdictional Delineation Map, dated 7125197 . The Corps'
verification includes the previously proposed wastewater treatment plant site which is
located in an upland area outside of the floodway and floodplain. This site is no longer
proposed as a treatment plant site. With the collected survey data, the wetland edge
can be accurately relocated on site at any time.
Attached with this submittal is a geologic and soils report prepared in 1979 . Little has
changed on the site and the information contained in this report is still valid. Please
note that the report was originally prepared for both the St. Finnbar and Preshana Farm
site (the combined properties were known as St. Finnbar Farm at that time) and some
informational references apply to the Preshana site. Crossings of the floodway
channels and wetlands with driveways and utilities require permits from Garfield County
and the Corps of Engineers. These permits were originally issued in 1993 by the
County and the Corps but will need to be reprocessed prior to or in conjunction with the
new preliminary plan. A review by the Colorado Water Conservation Board will also be
conducted as part of these permitting processes.
Approximately 32 acres of the site have been historically irrigated for hay and pasture.
Outside of the irrigated areas, cottonwoods dominate the vegetation and in some areas
in the easterty part of the site a scattering of large Ponderosa Pines lend a special
character to the area. The riparian edges are vegetated with alder, willow and other
shrub species.
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ST. F'INI\BAR FARM SI,iBDIVISNON
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SCALE 1 "= 200'PLANNINC
T,AND DESIGN PARTNERSHIP
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ti/9I8 COOPER AVENUE
GLINWOOD SPRINGS, COLORADO 8160I
(s7o) 94s-2246
\.---_--.---,.,1_ ---.-', /
1' Contour lnterval Shown CONDNTIOI\S
ST. F'Ii\I{BAR F'ARM SIJBDIVISION
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GRAPHIC SCALE
( IN FEEI )
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\{etlands
(suowr.r As sHaono)
EXISTING
CONDITIONS
JANUARY 7. '1998
PLANNING
LAND DESIGN PARTNERSHIP
918 COOPER AVENUE
GLENWOOD SPRINGS, COLORADO 81601
(97o) e45-2246
PROPOSED DEVELOPMENT
The 85 acre Sketch Plan proposes 14 single family lots ranging in size from two acres
to thirteen acres. Only one lot drops below three acres in size. One additional Iot is
created specifically for the location of the wastewater treatment plant. The project has
a gross residential density of 6.4 acres per dwelling unit when the treatment plant lot is
included in the gross acreage.
The main access road (St. Finnbar Drive) is located to provide good site distance along
County Road 100 and to weave its way through the existing cottonwoods and
ponderosa pines. lt is terminated at a cul-de-sac that is slightly over 1,000 feet in
length, 400 feet longer than the county design recommendation. This extra length is
compensated for by an over sized cul-de-sac radius (70 foot R.O.W.) and an
emergency access easement that connects with County Road 100. The oversized cul-
de-sac allows emergency vehicles to freely maneuver around the cul-de-sac. The
alternative to this design would be a looping road that would result in greater site
disturbance, a second intersection on County Road 100 and added maintenance costs
for the home owners.
Lots 6 through 14 have building sites located in open meadows and fields. Building
sites for Lots 1 through 5 are outside of the fields in areas with greater tree cover. Site
design guidelines authorized by the protective covenants will direct the preservation of
trees and vegetation including dead standing trees that do not pose a safety hazard.
All building envelopes are located outside of wetlands and outside of the 100 Year
Floodplain. Platted building envelopes which must contain all buildings both residential
and agricultural average .9 of an acre in size but represent only 14 percent of the total
site. Lots 6 through 12 and Lot 14 have adequate size and pasture area to be allowed
a limited number of horses and compatible livestock. All building envelopes are set
back approximately 20 feet from the defined wetland edge to assure the protection of
the wetlands. The wetland edge as verified by the Corps was survey located such that
it can be relocated accurately if necessary during design or construction of a home.
Much of the value of the property lies in its vegetation, waterways and wildlife. To
allow all residents to fully enjoy these qualities, a large area of the site, 39%, is
blanketed with a common use open space easement. Only minimal naturalistic trails
are anticipated within the easement area. Special management guidelines included in
the protective covenants will assure the preservation of the present qualities of this
area. The elimination grazing from the common use easement area will allow the
natural revitalization of these areas. The projects commitment to the preservation of
the site is reflected in the fact that 86 percent of the site ties outside of the proposed
building envelopes.
Statement of lmpact on Lakes and Streams: The Roaring Fork River and Blue Creek
are not expected to be negatively impacted by the proposed residential activities. All
construction is confined to upland areas outside of the 100 Year Floodplain and
building envelopes are setback at least 20 feet from the Corps of Engineers' verified
edge of wetlands. Livestock grazing will be restricted to the existing upland pasture
areas thereby removing current livestock grazing from the wetland areas. This will
allow the wetlands to recover their full biotic health and density. The extensive
wetlands will serve as a natural cleanser of storm water runoff from the residential sites
and pastures. lrrigation water historically applied to the pastures will continue to be
utilized for irrigation on the site under the management authority of the St. Finnbar
Farm home owner's association. This will assure the maintenance of upland areas in a
healthy vegetated condition which minimizes erosion. Wastewater effluent form
residences will be piped to the Ranch at Roaring Fork treatment plant thereby removing
any risk to the Roaring Fork alluvial aquifer.
The site is rich with wildlife, particularly small mammals, song birds and waterfowl. The
Division of Wildlife issued a letter with recommendations for the site at the time of the
original sketch plan in 1990 and a follow-up letter in 1991. Their comments are
reviewed and discussed below.
1990 Letter:
1. No nef /oss of wetlands. The only initial loss of wetlands associated with the
project is in the area of the drive way crossing to Lots 6 and 7. ln compensation
for these disturbances an existing driveway crossing of another wetland channel
will be removed and reclaimed as wetlands. Also, the historical low water
crossing that provided access to the agricultural fields north of Blue Creek is
located just down stream from the proposed driveway crossing. Approaches to
this crossing have, over many years of use, been excavated, compacted and
denuded of vegetation. With completion of the proposed crossing, these scared
approach areas can be regraded and reclaimed in wetland and riparian
vegetation. These actions should result in no net loss of wetland areas. The
Corps of Engineers originally approved these crossings under a nationwide
permit in 1990. A new permit for these crossings will be processed with the
Corps concurrently with the preliminary plan process. The net balance of
wetlands will be reviewed by the Corps at that time.
2. No livestock grazing in wetlands or along stream banks. We agree with the
general nature of this comment but it deserves some clarification. The entire
site as we see it today has a long history of grazing by cattle and horses,
apparently with only moderate degradation of the wetlands. Also, a large part of
the northwest field that has been historically used for hay production and
pasture is classified as wetlands. lt does not seem likely that the DOW intended
to remove the northwest field from grazing by this statement. The protective
covenants will restrict grazing to the historical pasture areas and the majority of
the wetland areas will be protected from grazing.
3. Maintain a buffer zone between building envelope/grazing areas and
wetlands/stream banks. See comments regarding the 1991 letter.
4. Maintain native vegetation outside building envelopes, including standing
dead cottonwoods for cavity nesting species. lf buildings are threatened by the
dead frees, the trees could be topped so they will not blow down and still provide
habitat for cavity nesfers. Native vegetation will not only be preserved outside
of building envelopes but much of the native vegetation within the building
envelopes will be preserved.
5. No dogs - lf dogs are allowed, alldogs be kenneled. St. Finnbar protective
covenants will address dog control including kenneling when not under the direct
control of the owner.
6. Fencing. See comments regarding the 1991 Letter.
1991 Letter:
1. No fencing within open space areas. Lot line fencing and general fencing will
be restricted from the open space areas by the protective covenants.
2. Maintain 100' buffer zone along all streams/wetlands. Typically building
envelopes are shown 20 feet from the wetland edge as suggested by our
wetland consultant to provide an appropriate protective buffer for the wetlands.
We believe a blanket 100 foot buffer is excessive. St. Finnbar representatives
will review this point with the DOW local District Manager relative to each
building envelope during the preliminary plan.
3. Encourage all development outside of floodway, floodpla,n. All building
envelopes are outside of the floodway/floodplain.
4. Fencing: All subdivision perimeter fencing and interior pasture fencing will be
restricted by the protective covenants to the current DOW fencing standards.
A wildlife manual is proposed to be developed in conjunction with design guidelines for
the property. The wildlife manual would serve to educate and guide the St. Finnbar
residents activities and site improvement designs in a manor that is compatible with
wildlife at the site. Past conversations with a Division of Wildlife officer have suggested
there may be habitat management procedures that could enhance the small mammal,
song bird, waterfowl and possibly fisheries qualities of the site that can be implemented
by the individual home owner.
Site, architectural and landscape design guidelines will be provided for in the protective
covenants for the project. These guidelines will be implemented by a design review
committee that operates under the authority of the board of directors of the proposed
home owner's association. These guide lines will serve to protect and enhance the
natural qualities of St. Finnbar Farm.
The attached Lincoln DeVore Geology and Soils Report finds no geologic or radiation
hazard on the site. There are no unusually limiting soil conditions other than a high
water table. This will require some special procedures during building construction and
a few design precautions to eliminate any long term moisture implications.
SERVICES
Domestic water will be provided by individual wells drilled under the water rights
protection of contracts with the Basalt Water Conservancy District. Nine contracts are
in place and five additional contracts will be acquired by preliminary plan submittal.
Attached is a letter from Tom Zancanella that discusses this topic in greater detail. Fire
protection water will be available on site in the form of a shallow well infiltration gallery
iocated at the cul-de-sac. This will allow fire district trucks to pump water directly from
a shallow ground water reservoir that is fed by the high water table. At the time of the
above referenced 1993 preliminary plan review, the Carbondale Fire District had
accepted this design as adequate for the subdivision. This proposal will again be
reviewed with the Fire District prior to the preliminary plan submission.
Wastewater treatment of St. Finnbar Farm sewage will be provided by the Ranch at
Roaring Fork under the terms of a pending agreement between the Ranch and St.
Finnbar Land Company. A wastewater collection system will be constructed to deliver
sewage collected from homes at St. Finnbar Farm to the easterly most sewer manhole
at the Ranch at Roaring Fork. St. Finnbar will prepay tap fees to assist the Ranch with
the construction of a renovated and expanded wastewater treatment plant. The Ranch
at Roaring Fork engineer projects having a Site Permit for the new plant to be approved
in the spring of 1998 and construction completed in early 1999. The Ranch at Roaring
Fork is committed to the renovation and expansion of their existing treatment plant
whether St. Finnbar Farm is ultimately a user of the facility or not. Treatment capacity
for the first homes at St. Finnbar may be made available from the Ranch's existing
treatment plant.
Power and phone services are available in the area and will be installed underground
on the site.
ST. FINNBAR FARM SUBDIVISION
l1
/_8I6,5
/a":tI
GRAPHIC SCAIf
PI,.ANNING
LAND DESIGN PARTNERSHIP
918 COOPER AVENUE
GLENWOOD SPRINGS, COLORADO 8I60I
(97O) 945-2246
EarDDo
ETCH PLAN
TOTAL SITE
ST. FINNBAR FARM SUBDIVISION
- SKETCH PLAN
LAND USE SUMMARY
JAi.IUARYT,1998
85.6 ACRES
LOTS o/o of TOTAL SITE
SINGLE FAMILY RESIDENTIAL
Building Envelopes - Total Acreage for All Lots
Common OPen SPace Easements
St. Finnbar Road Easement
RESIDENTIAL DENSITY
85.6
12.23
40.4
1.7
ACRES/UNIT
lOOo/o
14o/o
47o/o
2o/o
6.1
RELATIONSHIP TO THE ROARING FORK VALLEY COMPREHENSIVE PLAN
The following describes how St. Finnbar Farm is in general conformance with the new
Garfield County Comprehensive Plan for the Roaring Fork Valley as identified by
Section lll Goals, Objectives, Policies and Programs of the Garfield County
Comprehensive Plan dated September, 1994.
Section lll-1.0 Public Participation
Goal: An integral part of County land use ptanning is the opportunity for citizens to be
involved in all phases of the planning process.
As described earlier the St. Finnbar Farm Subdivision has been the subject of previous
Garfield County land use reviews including sketch plans, preliminary plan and
floodplain special use permit. The project proposal has been reassessed and in some
areas modified as a result of the public process.
Section lll-2.0 Housing
Goal: To ensure the avaitability of housing including affordable housing in the County
where in short supply, subject to regulations, which ensure safety, appropriate site
designs, compatibility, and protection of the natural environment.
This goal statement commits the County to ensure availability of housing including
affordable housing, not iust_affordable housing. St. Finnbar Farm will offer large,
gracious single family lots that will support homes that will be compatible with
iesidences in the surrounding existing and proposed developments. The natural
riparian areas of the site are preserved with building sites located in upland meadows
and set back from wetland edges. The residential experience at St. Finnbar Farm is
unique because of the waterways and riparian vegetation existing on the site. Although
St. Finnbar residences will likely be in the upper segment of the residential market due
to this uniqueness, it will have some trickle-down effect in the local residential real
estate by making it possible for some residents to upgrade from a lower value dwelling
and so on ultimately opening up residential purchase opportunities in the lower price
range markets. To offer a product in the lower price range market on the St. Finnbar
Farm site would require a significant increase in residential dwelling density.
Section lll-3.0 Transportation
Goal: Ensure that the County transportation system is safe, functional, appropriately
designed to handte existing and future traffic levels, and includes opfions for the use of
modes other than the single-occupant automobile.
The traffic from St. Finnbar will have moderate impact on the county road system. A
majority of the traffic impact is anticipated to be on the less than a half mile stretch of
County Road 100 between the entry and the channelized intersection on Hwy 82. The
remaining traffic would travel County Road 100 to Carbondale. Also, at the Hwy 82
intersection is a RFTA Bus Stop and parking lot making access to public transportation
quick and convenient. lt would seem, given the less than normal impacts on county
roads, that St. Finnbar Farm will pay its equitable share of the cost of maintaining the
cou nty transportation sYstem.
Section Ill-4.0 Commercial and lndustrial Uses
CoaL: Commercial: Gaffietd County will encourage the retention and expansion of
convenient, viable, and compatibte commerciat development capable of providing a
wide variety of goods and services fo se/ve the citizens of the County.
No commercial uses are ProPosed.
Section lll-5.0 Recreation and Open Space
eORt' Oa rfietd County shoutd provide adequate recreational opportunities for County
residents, ensure access to public tands consrsfenf with BLM/USFS policies, and
preserue existing recreational opportunities and important visual corridors.
The large, spacious lots, river access and common access to natural areas will meet
many oi tne recreational needs of the development residents. St. Finnbar Farm does
not control access to any public lands.
Section lll-6.0 Agriculture
Goal: To ensure tnat e*istng agricultural uses are allowed to continue in operation, and
compatibility issues are addressed during proiect reviews.
At least eight of the fourteen lots will be allowed livestock and will be required to
continue irligation of the existing pasture areas on their lots. lf there is excess
irrigation waier after the construction of homes and drives it may be possible to expand
irrigation to areas that have historically not been irrigated.
Section lll-7.0 Water and Sewer Services
Goal: To ensure the provision of legal, adequate, dependable, cost effective, and
environmentalty sound sewer and water serytbes for new development.
The proposed lots will be served by a central wastewater treatment system. lrrigation
water historically used on the site will remain on the propefi under the administrative
jurisdiction of the home owner's association. Domestic water is readily available by
-domestic
wells from the Roaring Fork alluvium as is described by the project water
e ns i n ee r ry,"p,,81;:,? li,t:;;l"S#.t:i j;ffSl5,,ffi"' s u p p rv wi I I be th ro u s h
contracts with the
H@".. or,r,",a crunffind use p:-!?* that recosnlze2 the
environmentrr ,"iiiiiir:ity or ne,ran'i,;#;;f ; i"'yu'a"'1i" pnit:'at'capacitv of the
tand, is in the o"ri-ir,iii"sJ of the ,lri"ii"iii ria iiti"u of Garfietd countv'
The design of st. Finnbar ha-s !9en carefu*y tailored around the environmentally
sensitive areas "itn" site. we*and areas were "g"i;il;;tif'"d
in ll? summer of 1997
and then verinej ov t!" 9?'P: "l i;'"'";J; ' p;y1;;;;il;es wil be setback rrom
the werand edge and guidetines esilliisr,eo uv proiE.iir" .o'"n'nts will further assure
protection ot tne;iiliJ. Jrring fi;;;;tpm"nt oi"t"#inJiriduar home sites' Two
driveway .ro.r,ng, are tne onty.proposed permane;t;;ili,o; ry: wetlands' utility
crossings w,,rteriporar*ydistwp;l-^." weitano "r"rr. rnese crossinos will require an
approval by tne c,orps oi Engi""*..
'in"
nritaing Jil" ,.-p.o"r:q.t; concert with the
recommendations oitn" Division'"iwiiiiit".n"rro'.r="#'i'ini"r disruption of wildlife
at the site and .ouro resurt in tn".!nnr.""r""t of nauitat for some species' The site
has historicarry Jeen grazed. ov t'"r.", ano cattte.'in" r'ndivision will eliminate
gi"rins from most of the wetland areas'
Hil@"'. orrr,",a coun "do law' the su'rface and mineral
inferesfs have ,"i:un tegat rig.ni'aia privyteq"", iiJiairg'tie rignt to extract and
developfhese,nterests.- fu,tneiiii'', privale p'"i"t'ii,io'Z't*'nave certain tegat
rishts and priv'tie'J"i,iirtuiing i;;;;ii; .;u'i tri-ii'i"t estgte.devetoped in a
reasonabte *'iln'r"r'rnd to niu"'ZJi"ise nna use impacts mitigated'
Most of the st. Finnbar Farm 1!e is underrain with gravel deposits but the extraction of
these deposits would nave signfficant environmental impacts'
that wirt affect a municipatity ,r""r'iiirtiot" witn ine existing zoning and future land use
obiectives oi' tnu alprop'iaie m unicipality'
St. Finnbar Farm is not rocated in the urban area of influence of any municipality'
1_0
Section lV
e foundation for
subsequentzoninsorsubdivis'9n'$-yi1|{#,ri:;iii:#'::*:,!;::;r#!;X:::;subsequent zonng or suuu'v'DIv" '":.'',,fh; t'ti Corrty Comprehe,siu,e Plans are
,-lz:;::1,::3#::';,#I}ffi2'1r;;,e;* in nature,.i'itti" iquivatentTo zonins ' and
not bindins upon;;"' ;;;;;; iiscretiiiTi inv countv or iunicipattesistative body'''
The st. Finnbar Farm site is included on the map titled Proposed Land Use Districts
carbondare Area t"ii"*rg the MethiJoiogv seition "tffir-pr-"t'rensive
Plan' This
map identifies the lii"-".i"i"g in tnltw"bensity nesioentiat riistri"t (10+ acres/
dwe,ing unit). n ,"ri"* JraSte silPC*eJ uina Ut" oitt'icts and Methodology"
identifies the criteria by which this.classification *"" d"t"'mined' Recognizing the
necessaril, g"n"rrlilt-n.trr" "t
tn" t"'prenensive ptan anatysis' the following is
offered as a more detaired review oitni. ciiteria as it rlrates to ine body of information
"rtt"tttfy "vailable
for the St' Finnbar Farm site'
DEVELoP$!.H [?il:m:]:," shourd be rated as havins "Major" constraints to
warrant cfassincation as Low Density Residential'
slope constraints: There are no excessive gradient slopes on this site and thereby
anoriO be rated as a "Minor" constraint'
soil constraints: The St. Finnbar site is described by the Lincoln DeVore repOrt as
being alluvial gr"r;[ *itn , sfraf fow rnantle of silty ilays' These soils are not
characteristic of the soirs conoitions iJ"ntin"o ov in"u"rpr"t.,"nsire pran so,s Hazard
descriptions. The most significani'.",t ,"r"tea iimitation on tne site is a potentially
high water table that may require ol*"t"ring of foundation excavations during
construction. The Lincoln DeVorl-r"port ooi: not o"*tibe the site as being prone to
soils hazarO anJ at most would be rated as "Minor"'
lsDs constraints: The high water table and rapidly percolating gravels would be
considered as a ,,Major,, constraint;;. ,t" ui :i tl-,oiuiorrt sJptic Disposar systems'
This constraint is compretery mitigaiJi or rL" "o,eaion
and treatment of wastewater rn
the central treatment prant at tne-nancrr Lt Roari.g i"ir. under these conditions this
constraint should be listed as "Minor"'
FloodplainConstraints:Portionsof.thesitgll.elithinthel00YearFloodwayand
Floodplain according to FEMA studies and mapping. These ar:.as are obviously a
hazard and are avoided by the pC;; o"u"iopminipr"n. .The only areas of the site
proposed to, ,"SOential const,,tidn are outsid" oitn"hoodplain and floodway' Even
if one assumed there to be in""J""ties in tne nooopi"in "nir,?it'-lh"
flooding risk
wourd be one of sha*ow sheet no*, tnrt shourd;;;r;i ; "Moderate" constraint rating'
Gaution would suggest tnat snariow ,n""t flows n" nutigated by requiring a licensed
11
This section
engineer to estabrish minimum finished floor erevations for arr residentiar structures'
DEVELOPMENT CONSTRAI NTS SUMMARY:
The review of constraint conOitions existing at the St' Finnbar Farm site based
on accurate site specific inf";;;ii;nyields- three "Minor" ratings and one
,,Moderate,, rating. This confi;;;;t# "f
ralings is characteristic of the Medium
High Density Residential Lani use ctassification ( 3-5 acres per dwelling unit)'
not the Low Density classifi."tion .utrently shown on the generalized
Comprehensive Plin Proposed Land Use Districts Map'
LAND USE CONSIDEMTIONS
The Low and Medium Density designations -should
rate nothing higher than
Moderateratinginthea'eaoflanduseconsiderations,
Land Use compatibility: south, across the river from st' Finnbar are residential lots of
two to five acres in size. To the nortn is the Preshana Farm PUD which is of higher
density than is proposed by St..Finnbar' To the west are the open space areas of the
Ranch at Roaring Fork and to t!e- no'tf1*"'t' the deveioped area of that residential
project. Across 6;;iy i"ad 100 t" *," east is tn" "griirtiurat
operation of Brue creek
Ranch. Residential building "nr"rl-p"t
i;ih" St' Finnbar site are proposed to be 200
feet or more from the county no"Jioo right-of-way- Located between a land use and
a pUD zoning of equal or higher Olnt'ty Jnd buffeied on the west by its own open
space, the proposed St. Finnbar i.r"fJp'ent does not '"p'""tnt
a significant contrast
to or impact upon the adjacent existing and proposed land uses'
Road conditions: county Road 1.00 adjacentto st' Finnbar Farm has recently been
renovated and asphalt paved. rni. ,tilrt"h of road back to Hwy 82 will receive the
greatest irpr.t tr[, irim. originaing tiom Sl .Fiinbar,
possiuiy 100. trips per day' The
remainder of st. Finnbar trafiic ifr;;ir:;ossibty +o tripi per djy, will be on county
Road 100 back to carbondare. il;1; the rerativ"ry ro* trip generation of the st'
Finnbar development and tne excettent condition of County Road 100 in the area
receiving the gieatest impact, tn"t" tno'ld be minor ton"Ltn for impacts on county
roads.
rnfrastructure Needs: st. Finnbar sewage wit be.treated by the wastewater treatment
prant at the n"n.nlt Roaring rorr.
-rnL
nanch is currentiy in the permitting process
required preparatory to rengv"ting anO expanding Gii""[ting plant' St' Finnbar Farm
Subdivision wi[ coniribute to the iost of .thi:::?l;'on with no financial impacts on the
existing community. Domestic water will be proviOeJUy individual wells and historic
irrigation *rt"l*iri .*tinr" to n" ,r"J on the site for iirigation purposes' Fire
protection *"ili*ribe avaitaore on site from " "on.irr.t;d
infiriration gallery' This
facirity wi* aroiv in" 'r"
District tiu.[. to pump nr" pt"i".tion water directly from the
shallow water table at the site'
L2
Distance from urban Uses: with the exception of the services at the catherine store
which offers gasoline and conve.i";;;;;arq3, tne st. rlnnbar site is approximately
five to ten minutes, either up valley;;il" valley tton, 'iU"n ""t and the associated
commerciat service..
-rni.
iactor i.i"tla "r u"inb of i'Minor" concern for both the Low
,nO tvfeOirm Density Residential classifications'
ISND USE CONSIDERATIONS SUMMARY:
Thenatureoftheproposeda","rop,ent.inrelationshiptolanduse
considerations would quaritilre si rinnuar Farm Subdivision as being
compatible with, at the least,
'inl
rrrreoium o"n.itv Residential. (6-9 acres/ du)
tand use classification and ""r.Viif"f, gonlistenl*itn the Mediun/High Density
Residentia' (t-i acres/ du) land use classification'
SUMMARYoFLANDUSEDISTRICTCIASSIFIGATIoNREVIEW
Utilizing tt" ,1il,,odology ii"niir"o by the comprehensive Plan and data
specific to ine St. Finnbit ti[ ili; our conclusion as presented in the above
anatysis, ir,"itn" st. Finnba;fiil,q would, be more appropriately clarified as a
Medi unvH i g h Residentiar ilsiii;G-s ".r".lir) oi n r"ai " bensitv Residential
District (6-9 acres/ du)'
COMPREHENSIVE PLAN CONFORMANCE
It is our conctusion trom tnJ a;;;; i&i"* of the goals adopted bv the
comprehensive pran that il;;;"sed St. Fi";ff Farm dubdivision to be in
general ;#;;;ity *itn tn"'j.I"r.-r".tion of the comprehensive Plan'
The above review of the Methodology section of the comprehensive Plan
clearry shows the St. rinnUai irrriit" along with the.?t9t9::d mitigation would
quatify f;;;nr"Ji*wrrign or nr"Ji* Densit! n"tio"nii".l b.istrict classification
and should not be bound b; i;ii;y. ?9P,tv nesoential District classification
shown on in" Proposed Land Use Districts map'
WerepresentthatthehereinsitespecificanalysisoftheSt'FinnbarFarmsite
and proposed deverop*"n'i'rtii;d tne criteii ana metnodorogy established by
the comprehensive ptan conclusivLly strows the project to be in general
conformance with the Comprehensive Plan'
r.3
(97O) 94s-5700
(970) 945-12s3 FaxP.O. Box 1908
1OO5 CooPer Ave.
Glenwood SPrings,
co 81602
ZarcaxeLLA AtrD Asgoctafg, lf{('
6rro N ggnl N <r Cof{ sitLrAt<ts
January 12, 1998
Mr. Mark Bean
C".n"fO County Building & Planning Department
109 Eighth Street
Glenwood SPrings, CO 81601
Dear Mark:
st. Finnbar Land company has retained the services or zancaneila and Associates,
lnc. to develop the water supply toitne proposed St. Finnbar Farm subdivision' A test
drilling program *rin" compieiea for thl pieliminary plat submission. ln addition, we
will be performing aZL-hour pump test on one well and coilecting water quality samples
for analysis at an independent laboratory. water quality tests will be.performed based
on Colorado Department of Health non-iommunity water supply requirements'
The St. Finnbar Farm subdivision is proposed to-be located in the catherine area just
east of carbondare, cororado. The st. Finnnar Farm subdivision wilt include 14 single
family residencer, *itn the potential for an accessory dwelling unit for those lots which
qualify, each witn 8,300 ft2 of lawn
"nO
g"rO"ns. ThL subdivision is located within Area
A of the Basart District and wiil be erigible for the Basart District temporary exchange
plan, approved by Garfield _county ",io
tn" colorado Division of water Resources, until
such time as the Lugmentation plan moves through water court.
Encrosed is a copy of one of the g existing Basart water conservancy District contracts
on fire with your oiri"". we wilr be appryiig for ! additionar Basart water conservancy
District contracts; one for each of tnJ',piop6sed 14lots. Also included is our estimate of
the water requirements to support the deveropment of an augmentation pran to provide
a ,,legal', water supply to the St. Finnbar Farm Subdivision.
We have assumed that these 14 single family residences' and up to 10 accessory
dwelling units, *iri"".n be occupieo ny g people Y?ing 100 gallons of water per person
per day. Water will be diverted toittiglt" Lplb 8,300 fr of liwn and garden for each
lot. we have also included 4 livestoc-k units for each lot in the water service plan'
TablelpresentsthediversionsandconsumptiveusefortheSt.FinnbarFarm
Subdivision.
As can be seen from Tabre 1, the subdivision will divert on the average 17 '11 AF or
10.5g gpm and "*r"*ptively
use 7.O2 AF or 4.33 gpm. The peak month of June
woutd iequire a continuous diversion of 19'7 gpm'
WehavereviewedthelocalgeologyforthepolsibilityofavailablewaterintheSt.
Finnbar Farm SuUOiririon ,16r. fi" no"ting Fork Alluvium is approximately 40 feet
thick in this location. lt is our opinion in"t*"i"r should be easily obtainable within the
horring Fork Alluvium and adjacent Quaternary terrace
lf you have any questions, please call our Glenwood Springs office at 945-5700'
Very trulY Yours,
Zancanella and Associates, lnc'
tnomas A. Zancanella, P'E'
President
cc: St. Finnbar Land ComPanY
Ron Liston
L:ts6306\Gar2.ltr
Table I
St. Finnbar Farm PUD
Estmated Water Requlrements
'=.4: .:,t.'::tt,:.:::::::.,:: ,,Orh3rD.mandr ', . :: .I
0 acres
qnnr"iN"igraPoration o ft
Livestock 56 un'tts
il;;i;;t consumPtion 15 sPud
f"ig"t"O OPen SPace 0 acres
no"oii""uon EfficiencY 70oh
;;; r;;" reomnt (clR) 2'13 ft
# oersons/unit 0'0
il'g"il";./n"r""r'/d.Y 'u1:"
n'"0
Percent Consumeo
Lawn lrrigation 500 sq-fUunit
t'ilr::r,nx?s'", i% -
Domlsilc O'mmdr "ffi.Ountts
E oersons/residence 3'0 caP/unit
r'g"i["J;;""/o,v 1oo gPcd
Pe-rcent Consumed 5o/o
Lawn lnigation 8300 sq-fUlot
aoofic"ti6n Efficienry 7oo/o
;;l;"reqmnt(clR) 2'13ft
Water Use c{gUEgglg
(t3)
-
,r_o_
(r) (s) -
(.ll---
^^.i sb-. r-rvr- AYcraer
Oor".if" Commltclal Dom\Comm OP'n SP*t LrY''
rJ-rr^' rtci Total Flow
ln.lrou!. ln.llous lrdgstlon lrlgallon(11
OomGtlc
ln+ou3a
Commorclal Domtcomm OPtn sP*'
ln-hous. llrlgatlon lnlgatlon
LlvF AvrBgr
ltock Tcdal FldY
0.034
0.031
0.034
0.033
0.034
0.033
0.034
0.034
0.033
0.034
0.033
0.034
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.25
1.06
1.31
1.26
0.83
0.70
0.26
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.08
0.07
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.11
0.10
0.'11
0.36
1.17
1.42
1.37
0.94
0.81
0.38
0.11
0.11
0.8
0.8
0.8
2.7
8.6
10.7
10.0
6,9
6.1
2.7
0.8
0.8
0.685
0.619
0.685
0.663
0.685
0.663
0.685
0.685
0.663
0.685
0.663
0.685
0.00
0.00
0.00
0.00
0_00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.36
1.5'l
1.88
't.80
1.18
1.00
0.37
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.08
0.07
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.08
0.76
0.69
0.76
1.10
2.28
2,A2
2.56
1.95
1.74
1.14
o.74
0.76
5.6
5.6
5.6
8.3
16.6
19.7
18.7
14.2
13.2
8.3
5.6
5.6
l2'J&9E
Z.En LlAt$c.'lE
Wd( R6q4.. EnliNG
(tmod SPrtngr. CO
JoU EO3O6.I .q6't wlli
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Pursuant to C'R'S' 1973,37-45-l3L
St. Finnbar I-and company (hereinafter "Applicant") has appligd- to the Basalt water
conservancy District (hereinafter the ,,pistrict"), . poiiti."r subdivision ePthe state of colorado'
organized purrr*tlo'and existing by virtue of boioraao Revised Statutes, L973,37-45-101' et
seq., for an allotment con,*.t for -beneficial
use of water rights owned' leased' or hereafter
acquired by the Di.il;;;;Hffi of this conrract, Appricant agrees to rhe following terms
and conditions:
1. ouANTmy: In consideration of the covenants and conditions herein contained'
Applicant ,t^n u.ffi-to receive *a .pprv to beneficiar use .033 cubic foot of water per
second from the District,s direct flow rights *o t.q acre feet per year of storage water owned
or controlled bY the District.
2.SOURCEoFALLoTTEDWATER:Waterrightsallottedpursuanttothis
contract sharl be from the District,s il; "ghtt d;reed to the Basatt conduit, I-andis canal,
stockman,s Ditch Extension, or other decrees or water rights hereafter acquired by the District'
including tte pist i"ii, "ontru.ruat
right to receive storale water !9*Iydi Reservoir' The
District shall have the right to designie the water right orbecree of the District from which the
Appiicant,s allotted rights shail be gptainea. The Applicant's use of any of the District's water
rights shall be subject to any and all i.,,' and coniitions imposed Uy. th: Water Court on the
use of the District,s said rights. Exchange releasesmade from the iirtri.t'r storage rights in
Ruedi Reservoir or other works and iaciti"ties of the District shall be delivered to the Applicant
at the outret works of said storage facility and rerease of water at such outlet works shall
consriture fu,, peJormance of tnJOisirictis detivery obligation' -?tl1".ty.of
water.tl::..I'
District,s storage rights in Ruedi neservoir sha[ be iuujecito the District's lease contract with
the united States Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto.
Applicant will use the w-aters herein
3.
1'fl:*r:$;"Jffi1ilI'#ilrdh'?cilities oi upon rands owned, operated, or senred bv
F---. o..L,ti,,i.in^ fiarfi eld CountV.ffiffi:ili,lii.,I*ill;";ffi ;;$;_!_:,:ii11l,T":,T"T.:':,1;il'*sffi li.',".Hi";tlij::ill;lfi l#H,ffi ffiiilf#***""ieppri'-:.:T:?'.3:1*":::;1.':1;?t:
H:Tffih'ilffi;,1],1;';;]"#';0fi..6r" ior.**.n^tut authority having jurisdiction over the
-^ ..,^+6r alln*ad hererrnder is fOf the
;:"r:ffiT.H;*'fi;il#'I#;il;i.d"usase ror the water allotted hereunder is for the
following use or uses:
Domestic/Municipal - Industrial/Commercial - Agricultural
Applicant acknowledges that usage of theDistrict,s water rights as herein contemplated
shall be in lieu of or supprementar to efpri.-t obtaining or adjudicating, on its own, the right
x
Other
to use certain waters. It is acknowledged that certain locations within the District may not be
susceptible to service solely by the Distict's water rights allotted hereunder or the District's said
water rights may not satisfy Appricant's needs and purposes. To the extent that service cannot
be achieved Uy use "i n. district's allotted *.Lt rights, or in the event said service is
inadequate, Applicant may, utilize such other water rietrts, !.V-Y3.,:: supplementing the
District,s water rights, or otherwise,.as is necessary to assure water service sufficiently reliable
for Applicant,s intended purpose or purposes. AU lands, facilities and areas served by water
rights alrotted hereunde^t.tt u. situated within the boundaries of the District. The District
reseryes the exclusive ;ght to review and approve any conditions which may be attached to
judicial approval of Applicant,s use of the pilirict's water rights allotted hereunder' Applicant
agrees to defray any out-of-pocket expenses incurred by the oistrict in connection with the allot-
ment of water rights hereunder, in.iuJing, but not limited to, reimbursement of lega1 and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant,s use of such allotted *"i"t rights;'provided] howiver, in the event any such
adjudication involves more of the Districtis waier rights than are allotted pursuant to this
contract, Applicant sha[ bear only a pro-rata portion-of such expenses. Applicant shall be
solery responsible for providing-*ort Ld facilities, if any, necessary to utilize the District's
*ut"i rigtrts allotted hireunder for Applicant's beneficial use'
water service provided by the District shall be limited to the amount of water available
in priority at rhe ""d; poin, of diversion of the District's appricable- water right and neither
the District, nor tnoie entitted to utilize the District's decrees,-ffi.y call on any greater amount
at new or arternate points of diversion. The District shall request the colorado State Engineer
to estimate any conveyance rosses uet*een the originar poiniand_any alternate point and such
estimate sha[ be deducted from this amount in eactr caie. 'rhe pisirict, or anyon? using the
District,s decrees, may call on any additional sources of supply that may be available at an
alternate point of diveision, but not at the original point of-diversion, only as against water
rights which are junior to the date of applicatio-n for ihe arternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings for the approvar of such augmentation pran to-atlow the Applicant to utilize the
warer ailotted to Applicant hereundei tt.ipplican! {all give the DistricLwrirten notice of such
intent. In the event the Appric*t orr"topr^*a adjudicatis an augmentation plan to utilize. the
water alrotted hereunder, Appricant shalr not be obligated to be"r or defray any legal or
engineering expense of the piit i.t in.uo.o by the Dislrict for the purpose of developing and
adjudicating a plan of augmentation for the Disrict- In any event,lhe District shall have the
right to approve the Applicant's augmlntation ptan and the ipplicani sh.atl provide the District
copies of such ptan and of alr pteaaings and ottrer papers fired with the water court in the
adjudication thereof.
4. PAYMENT: Applicant shall pay annually for thervater service described herein
at a price to be fixed annually by the Board'of Directois of the District for such service' The
initiar annuar payment shall be maoe, in fu[, within 15 days after the date of a notice from the
District that the initial payment is iue. Said notice wili advise the Applicant, among .other
rhings, of the water delivery yeal to which the payment shall apply and the price which is
applicable to that year. Annual puy*.nO for each year therdftir shall be made by the
-2-
7. OTHER RULES: Applicant's rights under this Contract shalt be subject to the
water Service nt* ., .aopt.a by irre District and amended from time to time; provided that
such water Service ptan itratt ipply uniformly throughout the District among water -u.ser.
receiving the same service from the bist ict. Applicani shall also be bound by the provisions
of the Water Conr"**./e.t of the State of Colorado, the Rules and Regulations of the Board
of Directors of the oistrict, the plumbing advisory, water conservation, and staged curtailment
regulations, if any, applicable within the-county in which the water allotted hereunder is to be
;;a, togetirer *itt, ai amendments of and supplements to any of the foregoing'
g. CURTAILMENT OF USE: The water service provided_hereunder is expressly
subject to the p.oririoro of th.t certain Stipulation in Case No. AO CW 253 on file in the DisEict
Court in Water Division 5 of the State of ^Colorado, which Stipulation provides, in part, for the
possible curtailment of out-of-house municipal anddomestic water demands upon the occulTence
of certain events -a upon the District giving notice of such curtailment, all as more fully set
forth in said StiPulation.
g. oPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an ,,Operation and t t"int.nurr.. Agr."r.r,t *ith th. District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Appricant and provid.d bI the District or by reason of the delivery or
use of water by the Appricant for more ih* on" oi tt. crasses of service which are defined in
the Rules and Regul"iion, of the Board of Directors of said District. Said agreement may
contain, but not be limited to, provision for water delivery at times gt-.b.y means not provided
within the terms of standard aliotment contracts of the District and additional annual monetary
consideration for extension of District services and for additional administration, operation and
maintenance costs, or for other costs to the District which may arise through services made
available to the APPlicant.
10. CHANGE OF USE: The Disrict reserves the exclusive right to review and
approve o, diopp.oGlffir"d .tung. in use of the water right alotted hereunder. Any
use other than that set forth herein o, *] lease or sale of the water or water rights allotted
hereunder without the prior written "ppr&"r
of the District shall be deemed to be a material
breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that ..rt^in n.*tution purr.d by the Board of Directors of the District on september
25, lg7g, and all amendments thireto, "r"th"
same exists upon the date of this application and
allotment Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant *V .qffiffii r"gul fee title interest or ownership in or to any of the water or water
rights of the pistrici but thlt Applicant is entitled to the right to use the water right allotted
hieunder, subject to the limitations, obligations and conditions of this Contract'
13. : Applfcant shail implement and use commonly
accepted conservation practices *itr, ,.qp""t !o the witer and water rights allotted hereunder and
-4-
shall be bound by any conservation plan
amended from time to time.
APPLICANT:
STATE OF COLORADO
COUNTY Or?Kil-
Morton Heller as Vice President for St.
WITNESS mY hand and
MY commission exPires:
TracY Yelton/NotarY Pubiic
Pitkin CountY Bank and Tn,r-",t
P.O. Box 3677 . AsPen, CO Br."
lr4y Commission ExPires'M aY N, i'
hereafter adopted by the District, as the same may be
534 E. Hyman
Aspen, CO 81611
t991, by
Finnbar land ComPanY.
official seal.
By:
)) ss.
)
Subscribed and sworn to before me this lg day of
LAND COMPANY
Morton Heller, VicE President
Uncoln DeVore
1O0O West Fillmore St.
Coiorado SPrings. Colorado 80907
li::'"'3ffi:'3 APril 4 ' Lez e
Land Design
Village PLaza Suite 2oB
cienw6oa SPrings, Co 81601
Attn: Ron Liston
Re:GENERAL & ENGIMERING
-...,I, GEOLOGY & sorls
ST. FINBAR PROPERTY
GARFIELD COUNTY, COLORADO
LINCOLN-DeVORE TESTING LABORATORY' INC'
By:ReviRobert L. Bass
civil Engineer
By:
RLB & MTtrtl/vfb
LDTL Job No. GS-987
GentLemen:
Transmittedherewithisareportconcerningthegeneraland
engineeri.rg g""logy t"a soils of the proposed development
rocated at the st. Finbar erop.rty, i; c-arfiercl county, cororado'
RespectfullY submitted'
I
t?c-r4
George D-Morris
P.O. Box 1882 P'O' Box 1643...
b';il-.il;ffi". Colo 8150r Roc! qPriqp-s'^\'Wo 82e01
isoiiza2-dg66'
- (307) 382'264s
r'i ....-
I : Highway 5o wesi
Pueblo. colo 8l0o3
r.303)
s4el rs0
P.O. Box 1427
Glenwood Spriogs. Colo 81601
(303) 945-6020
109 Rosernont Plaza
Montrose. Colo 81401
(303) 249-7838
Professional Engineer
Mibhael T. Weaver
Professional Geologist
TNTRODUCTTS
fhe content of t'his r'ePort is a
geological site evaluation and subsui'rface soils investigation
withengineeringrecommendationsforaL42acreparcelof
IandlocatedinthewesthalfofSection.3LTownshipT
South,RangeBTWestofthe6thPrincipalMeridian'Gar-.
fieldCountyrColorado.ThesiteliesbetweenHighway82
andtheRoaringForkRiver'just'southoftheCatherine
Store . A 52 acre tract along Highway 82 is proposed to be
left,asmeadowandpasturelandandtheremainderofthesite
to be subdivided into single and./or multipre f amiry dwerlings '
It iS our understanding that central water supply and
sal "; to be suppried to the property by an ex-
tensionofthesystemattheRanchattheRoaringFork.
VegeLation consists of large
cottonrvoods along braided stream drainages vritl'r many willows'
elms and oak. Mountain glrasses' shrubs and other low herbals
are abundant. The site is precloninaEely level and con-
sistsofl'erraceandriverallr-rvialdepositsoftheRoar-
ingForkRiver.Severalc]rainagesandirrigationditches
crossthesiteinawesterlyclirection
-1-
on
for
a
GEJ$ERAL AI{D ENGINEERINq GEOLOGY
Iies PrimarilY
The Potent,ial
another firm;
The ProPosed develoPment area
the floodplain of the Roaring Fork River'
flooding has Lulready been addressed by
hydrologic study was completed and a
protective berm was proPosed to protect t'he majority
of. the site f rorn the f looding hazard ' No bedrock out'-
cropsonthesite'whichiscoveredbyalluvialsandsand
gravels(Qat)andterracedeposits(ot).outcrops.inthe
viciniLyofthesite.lhowever,indicaEetheunderlying.
formationtobethePermianAgeBagleValleyEvaporite(pev),
(see figure I) '
-* No stabilitY Proirlems surch as
Iandslides,debrisflows,rockfalls,orsoilcreePexist'
on this site. No unusual soil' hazards were encountered and
c]etailedsubsurfacesoilsin.formationwiltbediscussed
Iater in the rePort'
Gr,:un,:1w.rLe.r was encount'ered in
sc:veraltestpits"*g;rve\tr:dontlresj.l-ean.lvariedi.ndepL,?r
fron 3 feeL t'o 7 feet from Lirr: grouncl sur'facc' Running
surface water was observed in aLI drainages Ehat crossed
thesite.Severalnaturalc]amsandpondsv.,erealsonoted.
Ttrishighwatertablewillprobablyriseasrunoffincreases,
anclmaypresentaconstructionprobleminsomelowerareas.
No unusual racliaLion hazard exists
on or near this site' fhre seismic risk is assigned to haz-
ardZoltei*,inSection23L4oftheUniformBuildingCode.
ThisisaregionalriskandnotspecifictothissiE,e.
-2-
The sands and gravels Present
on this site represent an extractabLe mineraL resource,
however, with the tremendous amounts of grravel present through-
out the Roaring Fork va}ley, removal of this deposit' from
the over-arr resource should not prelude the proposed develop-
ment.
-3-
L.tr5'1.' L't'I-b, rrri.UL/KlIlL/r(X 'Ir:> I'b 4rl-uJ l(Ji>UL'l >
Ten Lest Pits were excavated on
this site at locations indicated on the enclosed Test' Pit
Location Diagram. These t,est pits were placed in such a
manner as to obtain a reasonably good profile of the sub-
surface soils. !'Itrile some variation was.noted from point
to point the subsurface profile encountered was judged
sufficiently uniform that no further test pits were deemed
necessary. AIl test pits were e:<cavated with a hydraulic
backhoe. Samples were taken by bulk methods'
The soil profite encounEered on this
site can lrroaclly be characterized as a tvro 1-ayer system'
T.lre upper layer of;,Ehis system consisted of a reddish brown
silty clay material ruhich rvas in generally lovr deusity,
high moisture conclition. The second layer consisted of a
coarse grained poorly graded gravel which conta-i-ned numerous
cobble and boulder sizecl particles. This coarse grain
mate::iaI is rcp:esentative of Lhe alluvial river terrace
cleposiL, of tlre R.).rrin,l Fork R.irrer- A El:irr v':r-reer Of organic
tgpscil- mate-rj-al. tv3.s eircclrtlLe::e.f at the rJ-r:ouncl sur:face across
the majoritY of this site
1'he sarnples obtained during' our
fielclexplorationprogramhavebeengroupedintotwosoilJ
types.TheseLwosoil.bypesarerePresentativeofthe
respective layers of the previous)-y described two layer
soil p-rofile. More precise engineering characteristics of
these two soil types a.re given on the enclosed sulTurary sheets '
Thefollowingdiscussionwillbegeneralinnature.
-4-
SoiI TlrPe No' I classified
assiltyclay(cLlML)withaconsiderableportionofsand
sLzeparticles.Generally,thismaterialisslightlyplsstigl
of Low permeability and was encountered in a low density'
highmoisturecondition.Intheconditioninwhichthis
materia}wasencountered,it'shouldnothaveasignificatrt
tendency to expand upon the addition of moisture' ft will
however, have a distinct tendency to long-term consolidation
under load. Additionally' this material will have a verY
low bearing capacity value' It was encountered in a rel*
ativelythinlayeracrosst'hesitehowever'anditisrecom-
mendedthat,foundationpenetratethrought,hissiltyclay
material and r"=t-8r, the underlying alluvial gravels ' sOil-
T}rpeNo.Icont'ainssu}fatesindetrimentalquantit,ies.
Soil TYPe No' 2 classified as
a poorly graded gravel (GP) of coarse grain slze' This
materialcontainednumerouscobbleandboulc]ersizedpar.
ticleswhichobviouslycannoLbeaccural-elyrepresented
ontheenclosec]grainsjzecurve.Generally,thismaterial
is non-plastic, pertneable and was encountered in a moderaEe
densitycondition.ItwilllravenotendencytoexpanduPon
theadditionofmoisture'nor'anytendencytolong-term
consolidation under toad' Granular materials such as this 7
often do exhibit settlement upon application of foundation
st,resses or vibration, but if maximum alrowabre bearing
capacity values are not exceeded' and balancing and rein-
forcingrecommendationsarecarefullyfollowed'itisnot
feltthatsettlement,oft,hismaterialwillcreateanyPro-
blems. At any rate settlement will be fairly rapid and will
-5-
Probablybecomp}etebytheerrdofconstruction.Foundations
resting on the materiarcf soil Qrpe No- 2 may be proportioned
onEhebasisofamaximumallowablebearingcapacit,yof3000
psf , with no minimum Pressure required' Soil 1lrpe No' 2
wasnotfoundtocontainsulfatesindetrimentalquantites.
As has been PreviouslY mentioned
inthisreportfreewaterwasencountlredinseveralofthe
test borings, Bt depths ranging from 3 lo 7 feet beneath the
groundsurface,attheti,.neofexcavation.Thisfreewater
Ievel is the result of t'he presence of the Rcaring Fork
Riverrofnumerousditcheslocatedonthesite'andoflocal
seepage and runoff ' flhe free water level can be expected to
rise from the eteiltions encountered during wetter seasons
andcouldconceivablyrisevirtuallytothegroundsurface
in some locat'ions on this siLe' The presence of free water
willrequirespecialconsiderationinthedesigrrandCon-
strucl:ion of f oundations ' Basement Lype f oundations are
notrecon'rnencleclanclal.l-floorsofsLructurresshouldl:econ-
strucLedrvellahorlel-trefinislredexteriorgroundsurface.
Dewat-eringLechniquesmayberequiredintheinst'al-Iation
of foundaLions'
-6-
Since the magnitude and nature
ofEheproposec]foundationloadsarenotpreciselyknown
tothel,aboratoryatt,hist.imetherecorumendationsconEained
hereinmusbbequitegenera}innature,Anyspecialloads
or unusuar design conditions shor.rld be reported to the Lab-
oratorySothatchangesintheserecommendationsmaybemade
if necessary, Flowever based uPon oLlr analysis of the soil
conditionsandprojectcharacteristicspreviously6utlined
the following recommendations are made'
It is our recommendation that
shallowfoundat,ionsysternsconsistingofcontinuousfoundations
beneathbearingwa,},Isanc]isolatedspreadfoot,ingsbeneath
columnsandotherpointsofconcentratedloadbeusedto
carrytheweightoftheproposedstructures.Thepresenceof
shallowgroundwaterrvillnecessitatespecialconsideration
infoundationclesignandthisrviltbec]is;cussec]inthis
section. Founclations rvhich l:est on Lhe ;:Iluvial gravels of
SoiI.IypeNo.2nralzbeproporl-ionedonLlrcbarsisofanraximuir.
arrowable bearing capacity of 30co psf witl-r no minimum dead-
Ioadpressurerequired.ThebotLonrsoffounc]ationsshouldbe
locatedaminjmumof3.5feetbelowfinisher]gradeorgreater
ifdicatedbylocalbuirdingcodes,fotfrostprotection'r
obviouslY the Presence of ground
wateratarelativelysha}Iowdept'hwillcreatedifficulties
intheinstallationandperfolmance'ofbasementtypefound-
ationsystems.Therefore,basementsarenotrecommendedfor
this site' A crawl sPace type frame floor or a slab on grade
cou}dbeusedonthissiteprovidingspecialprecautions
-7-
sEandard ProcE'or drY densittr
at, least g5% of the marirnurn
ASTI'1 D-698'
It, is recommended that the Pro-
posedfounc]ationsystemsbewelllralanced.Exteriorbearing
wallpressuresshouldbebalancedtowithin+50opsfaround
the entire structure' Isolated interior footings should be
designed for unit loads of about' 200 psf less than the
average of those selecEed for the exterior walls cri-
teria for,:this balance WiII depend somewhat uPon the nature
of the strucEure' Single-story slab on grade structures may
bebalancedonthebasisofdeadloadon}y.othertypesof
structures should be blancecl on the basis of deadload
plus approxima':elytne-half the live load '
AnY stetnwalls for continuous
footingsshouldbedesignedasgradebeatnscal:ableofsl]an-
ningatleastL2feet.The}rorizonl-alreinforcementrequir-
ed for tlris design shoutcl be plzrce<l continuout;Iy around
tirclruri].ilingwithn,oga.i):;c'l;-:.1:lr..eari,'si;rt:i-r.2rc.Lnfcrcingsl-eeI
unless ::pecia]-Iy '1r:sign;:rl' ll'$ilr-rs shoLrld be re'Lnforced at
both top a*d J:ottom rvith the majori.ty o'!- tiie rein:Ecrcetnent
beinglocatedatthebot,tomoft.hebearn.Wlreres{-etnvlalls
areplacerlbeneathinteriorfoundationloadstheyshouldof
course, t.le designed according to the criteria given above
andshouldberigidlyinEerconnectedlvit,htheexterior
foundation walls'
Adequate drainage lrrust' be Pro-
videdinthefoundationareabothdurirrgandaftercon-
struction to preveng the pond.ing of water ' The ground
surfacearoundthebui}dingshouldbegradedsuchthat
1 -:-9-
quicklY a!''ay from the structure'
I surface water will be carrreo qu'Lerl&r
Aonpncl
;r*ffi ;r".;."r rvirhin 10 feeE of anv srrucrure vrirr depend
upon surface Iandscapi4g' Bare or paved areas should have
aminirnumgradientof1}/o,w}ii}elandscapedareasshouldhave
aminimumgradientof5%'Roofdrains'Lfused'shouldbe
carriedacrossa}].backfillec]areasanddischarge,Jwell
awayfronthestructure.Theoveral}drainagiepaEternshould
besuchtlratwaterdirectedawayfromonestructureisnot
direct,ed agains.t an adjacent, structure-
The Preseuce of grourrd water
atshallowdepthmaycreatesomedifficultiesinthein-
stallationoffoundationsanddewateringEechniquesmay
benecessary.tYpltaldervateringtechniqueswouldinclude
rvel}points,drainageditches,sumppitsvrithpunps,and
deepwells"probal:Iytlremostpracticaldev.la.teringsystert
forthisparticula.rsir:ei.louldbetlreuseofSulnppius
withpulnps.Basic;rllythish,5zrJ1..fj.nvolvr:1:Iacirrgseveral
pitso.;}ow,3i:eaijini:.!ref.:ul:r.]:rLj.o;r.regir:nan.it-}renrelnor'ingl
water from these pits b7 purnlring' 'ril'l nuttrr>r':i and size of
SunPpi.tsrequriretlto::anygivetr:;tructttl:r}a:.rdt-henecesSary
capacityforpunrpsaredependentuponmarryfactorsandare
beyondthescopeofLhisreport.Regardle.ssofthetypeof
dewateringsysLenused,itwillbenecessarytoremovetheJ
waterfrcmtheexcavation.forsufficientperiodsoft'imeto
perroit,Properg.radingoft}refooundationsoil,p}acementof
oncreteandp}acementofbackfillaroundfoundations.
Baclcfill around the proposed stru-
.ctureandinut.ilitytrenclresLeadingtot}restructureshould
becompactedtoat}eastgff,/.oftlretnaximumstandardProctor
drydensity,AST}4D-6gB.Backfillontheinteriorofthe
-IO-
ffih wl-rl Delccatreo Deneacn r-Loor sr't,s 5 llourL,l
be compacted to ab least' gS% of the maximum Proctor dry
density.Thenativesoilsontlrissitewillbesuitable
for this. backfill' with the exception of any topsoil
materials or debris' Backfilt should be placed in lifts
not to exceed 6 inches compacted thickness and at a mois-
ture content of approximately equal to the Proctor optimum
moisturecontenL!2%.Altmateiialinexcessof6inclres
diametershouldberemovedfrombackfillpriortoptace-
menE. Backfill should be compacted to the required densit'y
bymechanicalmeans.Nowaterfloodingteclrniquesofany
type should be used in the placement of fil} on this site'
--i* Any topsoil or del:ris should be
removed from Lhe consEruct'ion area p::ior to beginning of
const-ruction of foundat'ions' Additionall'y' should any poc-
ketsofdebris,o.rganicmateri;ilorotherrviseunsuitablemat*
er-ial encountered at foundation level' thesc rnateriais sl'rould
beremovcdaird::ep}act>dvlitht,lar:l<fillcoixPacl-edLo9|>%otE.he
iria:<inrum proci:or clry density, using tire proceclures previousry
outlined '
The open founCaton excavation should
beinspecteclpriortot.heconst,ructionbfformsorplacement
ofconcretetoestablishthatProperdesignbea.ringmaterial."
has}reenreachedandtlratnode}:ris,softspotsorother
unsuitablematerialsarelocatec]rvithinthefoundabionarea"
The siltY cIaY of Soit lYPe No'I
wasnotedtocontainsulfatesindetrimentalquantities.
Additionally,groundwaterinthisareacanbe''expectedto
carrysignificantquantit.iesofsulfates.Forthesereasons
a sulfate resist'ant cement' such as lYpe II Cement is re-
commendedforallconcretewhichvlillbeincontactwith
- 1l-
thesoil.Undernocircumstancesshouldcalciumchloride
.everbeaddedtoafyperrcement,intheeventthatrYpe
IlCementisdifficult,toobtainaflrpelCement.maybe
usedprovidingtheconcreteisseparatedfromthesoilby
water resistant membranes'
It is believed t'hat 41-I Pertinent
poinEsconcerningt,hesubsu.rfacesoilsontlrissitehave
beencovereclinthisreport.];fsoiltypesandconditions
otherthanthoseoutlinedhereinarenotedduringconstruc-
tj-ononthissitertheseshourdbereportedtotheLaboraEory
sothat,changesandrecommendaE.ionsmaybemadeifnecessary.
Shouldquestionsariseorfurtherinformationbedesired
please feel free tB contact the Laboratory'
-L2-
Zellortnc5'/or€
I-lJ
' Tes/ Pi/ loczfibn oiegr*rn
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Er3
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EE
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iioiiixs: RocK sPRlxos
-
LIN COLN
DEVO R E
EtStt'.I3?;
-t/ /)n ltr De'P/oP'acn/
1
i
(
1' 00 w'
NMN
SCALE
PROJECT # GS-987
FIGURE I.
!
LEGEND
Alluvium- sond B grovel
Terroce, I = Younger, 2= older
Golluviol wedge - sloPewosh
Colluvium - grovitY tronsPorted
Londslide dePosit
Alluviol - debris fon
Bosoll
Eogle VolleY EvoPorite
FARM PROPERfi
3/?e/7e
I
ST FINBAR
GAR FIELD
oo
$0
"oo o o
otot
o-
g c oo
o
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-.o 6o o O ooo o o^ooooOo--GgOO^-
I "^O.qtI o o"oo o i -"-. I
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o ' o o s^ 25oo
-*9,-o oc o o
9 oo a o
DLoo,
i:,'"'ffi; -o oo-oo
o
o ^-.,"! o o o o
wa;i,#R,9o-"_ 4".WH*o l^ - ^ -..-'-s- o oiliOe,i o o- oo lo o l
ffiF.[s
o o^'o o o o o*
g 3 t?tt':';?'-'*"Ji" : :'*''xi[:i'
lli *- iiri'; I
-+ x,'-tl- -ft,*H*fl
FEET
coUNTYCOLORADO
SOTLS
SYMBOLS A NOTES'
|YM1OL OESCRIPNON
g./tz Stondord Penelrollon drive
r.ii'nEiitii^ai.6le g blows to drive
i'nu tpoon 12" into ground'
5-l 2-t/2' ShelbY lhinwotl somPle
tlJs Nolurol Moisture Contsnl
tUx Weothered Moteriol
Free woler toble
YoNolurol drY densitY
T.B. - Dislurbed Bulk SomPle
@ Soit tYPe roloted to somPles
in rePorl
Top of formolion
ii triirit"i. condili6ns ol olher locolions
ond times.
gTesl Boring Locolion
EElTest Pii Locotion
F# Seismic or ResistivitY Slolion'
Lineotion indicoles oPProx'
lenglh & orienlolion of sProocl
( S J Seismic , R= Resislivity )
Stondord Penelrotion Drives ore mode
iv drivino o stondord t'e 'splil sp.oon
.l*rr.i i?tr" the ground by dropping o
r+o lb. weigtrt 3o'. ASTM test
des. D-1586.
::s* ii lil
"i,:,"ilh
ii?t1"i$ i:,jl
i[i^ ""'rr Cir"Jislurbed'r) shelby lubo
somples. See log for tYPe '
The boring logs show s.ubsurfoce conditions
;i'th;;;iil""nd locotions shown 'ond.il
is
;;i';";;;;i; thol lhev ore representoliv^e-.
Froc
wotor
ts' [Jx
ROCK DESCRIPTIONS'
GRANITIC ROCKS
DIORITIC ROCKS
GABBRO
RHYOLITE
ANDESITE
BASALT
TUFF 8 ASII FLOWS
BRECCIA I Other Volconics
Other lgneous Rocks
GNEISS
SCHIST
PHYLLITE
SLATE
METAOUARTZITE
MARBLE
HORNFELS
SERPENTINE
Olher MetomorPhic Rocks
xxxxxx
vl;
-./ t\.'.
A't .l' l'.'1t'.t;/:':
ffinarroN oF BoREHdLE -LoGS-" nr.fO LOCATION DIAGRAMS
DESCRIPTIONS'
USCS AESCRPTPN
ToPsoil
Mon-mode Fill
GW
GP
GM
GC
SW
SP
SM
SC
ML
Well-groded Grovel
Poorly-groded Grovel
Silty Grovel
CloyeY Grovel
Well-groded Sond
Poorly-groded Sond
Silly Sond
CloYeY Sond
Low-PlosticilY Silt
Low-PlosticitY CloY
Low-oloslicity Orgonic
Sill ond CloY
Hiqh-PloslicilY Silt
High-PloslicitY CloY
Hiqh- PlosticitY
Or-qoiric CtoY
Peoi
CL
OL
MH
CH
OH
Pt
GW/GM
GWGC
GP/GM
GP/GC
GM/GC
Well- groded Grovel,
Silly
Well-groded Grovel'
C loYeY
Poorly - groded Grovel,
SiltY
Poorly- groded Grovel
CloyeY
Silly Grovel'
CloyeY
GC/GM CloYeY Grovel,
Silt Y
s,v/sM !,,fli troded Sond'
SW/SC Well-groded Sond,
CloYeY
sP/sN4 P.fl?;'r- sroded so
SP/SC PoorlY - groded Sond,
Clo Ye Y
SM/SC SiltY Sond, CloYeY
SC/SM CloYeY Sond, SillY
CLIML SiltY CloY
r? b,}t',iJ
.r/Yt,./.)(/
TESTI tIG
AEONATORY
fa+'ro;/
4,PP*/Y
&tsY4
ktlilr,
4as)/Y,
gori t
t*//-
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I
t--ldtrlt!
=
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ula
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V/Y&
'e/-Etd'.
Jt td
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6P
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4ra/.€
Zrr{lal
Hcdr&Pt
xrd)*,
,q*s/.
Jctihrd
ao4,r4;,/eS
f.r.p;lL.Z
n/{y 6/ty,
't H.Et
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AP
,%arA/fuaJ
&rtcs(
fiilt2:r
*silY,
,!as/,
t-tc il'
4+
'c 7,
F /."lt/t/
-{ar/ered4&4/a
TEST HOLE NO'
TOP ELEVATION
ffiffi60o! coLonADo sPRlNGs '
PUEBLo , eLENwoog -3lIlI9: ';;;ND iuHcrtoH r MoNTRoSE '*vourno, Roo,!!-9PRlrlce
-
LINCOLN
DeVORE
ENGINEERS'
GEOLOGI9TSD R ILLING LOGS
TEST'HOLE NO. 4
TOP ELEVATION
COLORADOS COLORADO SPRINGS '
PUEELO , oLEll[000 SPRIHGS ,
cRANO JUflOTlOll , H0NTROSE t
wYoMlllo: RocK 9PRltl69
LINCOLN
DeVORE
ENGINEERS'
0EOLOSISTS
y'qoeo)/%rsoi/
6P
.U/y
&rdd
tutE/
,Xditzr
.*tsi/y.
,{a)s/,
v: *aa' Lbrk?Saarc.
*
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&t/dss
loesd/
1Z//'//
s.7& 4/ty.g-fl, atcl
4P
PalY
4rald
}rt.c /,
/./pntatf
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fi/* et*i.fl tuit
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o
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7'TtalPtfr7
I
D R ILLING LOGS
TEST'HOLE NO'
T,OP ELEVATION
.r/TP
- .ra
iouonaoo ! ooLoRADo sPRlNGs .
PUEBLO , SLENWOOD SPRltlcs
',
cRAi{o iuHcrton ' MollTRosE r
WYOUING: ROOK SPRIIIGS
LINCOLN
DeVORE
ENGINEERS'
GEOLOG I9T3
fqrc)/
dP
.W,/y
Andd
arttn/
,*/iua
.*.ri/y,
tlnk{,
Ut//'
-{Gr*fu/14//€ri
8ot{/ers
tg.
. j.l
{oPsq /
€/'//"f/'&){r c/zY<il tr'e fTPer/YM
(*t tl
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/ePioi/r!l4r,z*)*l cbu, .tJ/ redt
.*zdY
AP2or/r
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Rocn*{'
a-t{ar/ '
eg./,v: ,lrta''sb
-*t c,
-*t+rry/rd
74,v: r?ac' alt*/
t/e/y'
Aq.v&,
.UetaeruJ,
Co66/ttrf
&ildcrg
D R ILLING LOGS
{e*)/
64/'YZ6rfJ,4ttu,gJt. abt
' Urrbr
frr.h/o'El't
:EF(L
trlo
'r.8.
TEST HOLE NO. /O
TOP ELEVATION
oouoiaoo: coLoRADo sPRlNGs
PUEELO , eLENWOOO SPRlNOs
',;;;No juncrtox . rloNrnosE '
urYoMlNO: ROCK sPRltloS
Lin co u t't
DeVORE
ENGINEE RS'
OEOLOG I9TSD R ILLING LOGS
SUMtvtARY SHrET
Test No . G't-9t7
go1. - ti/l?,/Zo
Telf by d4d
tn ''loce Density (r.) Pcf
Plostic Limit P.U@Liil;iii;;ii:@iH*f:v.iti;:JTt4Shrinkoge Linit -"o-"'
Flow I
Shrinkoge Rotio
Volumeiric Chonge.
Lineol Shrinkoge
K (ot 2PC)
Void Rotio
Sulfotes
l , *iill,"i
I I Somple l\,, '
I
I I stEvE ANALYSts:
I I sieve M. 7o Possins
I I ttn"llt,
l\lti
l\ry+
MOISTURE DENSITY: ASTM METHOD
Optimum lvbisture Content - v7o o/o
il;i;;;'Drv o"n'itY -ia ' e"t
t;l r i;;;; ; -#ori ns *:{::,i"H
Svrell oYs-,
i;;ii osoinrt-Puf Wo soin - %
BEARING:
Housel Penetronreter Gv)r#sf
Unconfined CorP,"ttion' (qu)-Ps[
Plote Beoring:Prf
ffi'""it'd:;io;'-"'f-;ndur P'r
PERMEABILITY:
/oa'PPM.
Soil Sompl u 3;/* //',u 't 'l
Ll NCoLN-oeVon r TESTI NG TABORATORY
coLoRADo SPRINGS, co@
8o11 SamPle
ProJ ecL - 5 /' fi)n ber
Sample Locatlon //-/ 4'Otf /'
Test No, 4J'987
Date -Y z/ze
Test bY 6EZ
;,i,N:,
EoH
ElB
o
t
Gl2Hf{
E{z
frlo
d,klls
r00
90
BO
70
50
40
30
20
IO
0 roo
I
LYz,'
rl
#4 #10
bt.,o.f"'- (#
#20 #40 #rm
SILT TO CI,AY
Nonplastic to Plastic
sleve slze $ Passlng
Sample No.
Speclflc GravltY
I
l,loisture Content 'fb
Effectlve Size
Flnenees Modulus
L.L. * P.\.-JUP.-*
BEANING 3AAd PAf
200 t4
.0200
Suirf *ee l,/e?ty'ttt PPra
irxcor,N-DevoRE TEgrrNG IaBoRAToRY
coLoRADO SPRINGS, C9lomrc .GRAIN SIZE ANALYSIS
r,ffi ;'..\
r-.:I
I
44
,{i'
, l\,
h- }-
-:-0i:}/i*i
Fry
tc/.1
j.}ii
::Ip,;}vt
):
it
i
d7
J15
i{i
: l.r
i;::l "11Y: -li3i.'.i,
L. .l\1.':;,t'{q'M
ST. FINNBAR FARM
SCS SOILS MAP
Aspen-GYPsum Area, Colorado
13-Atencio'Azeltine complex, 3 to 6 percent
slooes. This map unit is on alluvial fans and terraces'
ii.J.riir" vegeiation is mainly grasses and shrubs'
;;";*" is s'-goo to 6,500 feet' The average annual
Ir""irit"tion is 15 to 18 inches' the average annual air
I"rolr"tute is 44 to 46 degrees F' and the average
iio.i-rt"" period is 105 to 120 days'
" -ini,
unit is about 60 percent Atencio sandy loam and
30 percent Azeltine gravelly sandy loam'--
l'ncluded in this unit are small areas of soils that are
.i*iiuito the Atencio and Azeltine soils but are finer
t.*tri"o. Also included are small areas of gravel bars.
irlirO"o areas make up about 10 percent of the total
acreage.--Th; Atencio soil is deep and well drained' lt lormed
in alluvium derived dominantly from sandstone and
rnui". Typically, the surface layer is reddish gray sandy
il"* "otit 6 inches thick. The next layer is sandy loam
.Oort + inches thick' The subsoil is about 10 inches of
ianOy clay loam over about 4 inches ol gravelly sand.y
Lur. fn" upper 6 inches of the substratum is gravelly
.-Jy loam.'ih" lo*"t part to a depth of 60 inches is
u.ry irau"rry sand. The soil is noncalcareous to a depth
oiiO"in"nei anO catcareous below that depth. ln some
areas tne sur{ace layer is gravelly or cobbly'- permeaOility is moderate to a depth ol 30 inches in
the Atencio soil and rapid below this depth' Available -*rt., .rpr.ity is low' The effective rooting depth is 60
incnes or. *oi". Runoff is slow' and the hazard of water
erosion is slight.
The Azeltine soil is deep and well drained' lt lormed
rn alluvium derived dominantly from sandstone and
snate. Typically, the surface layer is reddish gray
gt"u.ffy'sandy'loam about 9 inches thick' The upper 7
incnes'of the substratum is gravelly loam' The lower
;";l; a Oeptn ol 60 inches is extremely gravelly sand'
The soil is calcareous throughout' ln some areas the
surlace layer is cobbly loam or sandy loam'
Permeibitity is rapid or very rapid below a depth ot
16 inches in the Azeltine soil' Available water capacity
is low. The eflective rooting depth is 60 inches or more'
Runolf is slow, and the hazard of water erosion is
SCS SOILS DESCRIPTIONS
flooding methods. lf properly managed, the unit can
;;;Jd 4 tons of irrigaied it.ts niv per acre annuallv'
This unit is moderitely well suited to irrigated crops'
lf furrow or corrugation iirigation systems are used' runs
should be on the contour Jt "ctosi the slope' lf properly
,"n"g"d, the unit can produce 70 bushels ol barley per
acre annuallY.--fn" potentiat plant community on this unit is mainly
western wheatgrass, lndian ricegrass, needleandthread'
Uil-tig"Otush,-and Douglas rabbitbru.sh' Nevada
uri"Gt., prairie lunegriss, and bottlebrush squirreltail
"tio"rr"
included.-The-average annual production of air-
Jry-vegetation is about 800 pounds per acre' Suitable
,in"g;r"nt practices include proper grazing use and
a planned grazing system.- -tf tn" quitity oi tange vegetatior has seriously
deterioraied, ieeding is neJOeo' The main limitations
are cobbles and stones' For successlul seeding' a
seedbed should be prepared and the seed drilled'
Brush management improves deteriorated areas of
range that are producing more woody.shrubs than were
prelent in the potential plant community'
lf this unit is used for homesite development' the
mainlimitationissmallstones.Populationgrowthhas.
resulted in increased construction of homes in areas of
this unit. Topsoil can be stockpiled and used to reclaim
areas disturbed during construction' The gravel and
cobbles in disturbed Jreas should be removed if the site
is landscaped, particularly in areas used for lawns' lf
the density of housing is moderate or high' community
sewage systems are needed to prevent the
contimination of water supplies resulting from seepage
from onsite sewage disposal systems'
This map unit il in capability subclass lVe' irrigated'
and Vle, nonirrigated. lt is in the Rolling Loam range
site.
slight.- init unit is used mainly lor irrigated hay or pasture' lt
also is used for crops' urban development' wildlife
habitat, or rangeland.
li this unit iJ used lor hay and pasture' the main
limitations are the low available waler capacity and
small stones. Grasses and legumes grow well il
aOequate fertilizer is used' Good management helps to
,ii^i"in optimum vigor and quality ol lorage plants'
Because these soils-are droughty' applications ol
irrigation waler should be light and frequent' lrrigation
*"i", ."n be applied by corrugation' sprinkler' and
42-Fluvaquents, 0 to 10 percent slopes' This
Oroadty Oetined unit consists of deep' somewhat poorly
;;;a, nearly level soils on flood plains and alluvial
valley floors. ihese soils formed in alluvium'
Fluvaquents are stratlfied and vary widely in texture
and in depth to sand, gravel, and cobbles' Typically' the
surlace layer ranges from loamy sand to fine sandy
io", ot from sitt ioam to clay loam' The underlying
i"V"it "t" generally sandy loam or loam stratified with
;;, gtrr;r, and iobbles' ln some areas gravel and
cobbles are on or near the surface'--ine
water table fluctuates between depths ol 0'5 foot
and 2.0 feet during spring and summer' These soils are
oc""iion"ffy llooded ior Sriet periods in late spring and
early summer.
lncluded in this unit are small' isolated areas of
Redrob soils. Also included are small' isolated areas
*n"t" water stands at or near the surface all year'
Thesewaterareasareidentifiedbyaspecialsymbolon
in" toif maps. lncluded areas make up about 15
percent of the total acreage'
These soils are used for wildlife habitat' recreational
development, or grazing' The native vegetation is
mainly cottonwood, willow, water-tolerant grasses'
t"Jgdt, and rushes. Mule deer, cottontail rabbit' coyote'
anOioUcat and ducks, geese, and other native birds
iinO tooO and shelter on these soils' Where feasible'
;i";i;;.;all grain, trees, and shrubs improves the
habitat for uPland wildlife'
This unit is poorly suited to homesite development'.
The main limitationi are the flooding and the seasonal
high water table.
ini. ."p unit is in capability subclass Vlw'
nonirrigated. lt generally is in the Riverbottom range
site. Aithe higher elevations, however' it is in the
Mountain Meadow range site'
92-Redrob loam, 1 to 6 percent slopes' This.deep'
somewhat poorly Orained soii is on alluvial valley floors'
Lw terraces, and flood plains' lt formed in mixed
alluvium derived dominantly lrom sandstone and shale'
Elevation is 5,800 to 7,200 feet' The average annual
.
p-re"ijitrtion is 16 to 18 inches, the average annual air
iemperature is 40 to 44 degrees F, and the average
f rost-f ree period is 85 to 105 days'
Typicaliy, the surface layer is dark grayish brown
toam'auoui 14 inches tnic(. Tne next layer is stratified
slony toarn about 6 inches thick' The substratum to a
;;;ti oi oo incnes is stony and very cobbly loamy sand
and sand.
lncluded in this unit are small areas of Fluvaquents
and Atencio, Azeltine, Showalter, and Morval soils'
lncluded areas make up about '15 percent ol:he total
acreage.
Perheability is moderate in the surlace layer of !n9.
Redrob soil and t"fia rn the rest of the profile' Available
*ii., capacity is low. The effective rooting depth is 60
inches for water-tolerant plants but is 20 to 40 inches
tor otner plants. Runoff is slow, and the hazard of water
erosion is slight or moderate on the steeper slopes' A
niqn water ta-Ote is at a depth ol 18 to 48 inches
throughout the year. This soil is subiect to rare flooding
ol bri6f duration. lce jams may cause flooding during
prolonged cold Periods in winter.
This unit is used for irrigated hay and pasture or as
wildlife habitat. lt is well suited to hay and pasture' The
main limitations are the restricted rooting depth for
plants that are not water-tolerant and a short growing
Season.Thewetnesslimitsthechoiceofsuitabletorage
plants and the period of cutting or grazing and
ln"r.r.", the risk of winterkill. lrrigation water can be
applied by furrow, border, corrugation, and sprinkler
methods.
This unit provides lood and cover lor waterlowl and
other wetland wildlile.
This unit is poorly suited to homesite development'
The main limitationi are the wetness and the hazard ol
llooding.
ThiJmap unit is in capability subclass lVw' irrigated
and nonirrigated. lt is in the Riverbottom range site'
STA.P LETE N
I REuN o . STAPLEToN . PRYoR . PAscoE'P C Hanotr Holues
303 '628 '3688 (direct)
3O3'628 '3729 (fax)
January 8, 1998
VIA FEDERAL EXPRESS
Mr. Ronald B. Liston
Land Design PartnershiP
9l-8 Cooper Avenue
Glenwood Springs, Co 81601
Re: St. Finnbar and Preshana Ranch Sewer Service
Dear Ron:
Enclosed is an execution copy of the Sewer Service
Agreement together with three additional execution copies of the
signature page. I also enclose a draft form of letter with respect
to future cooperation which I hope will meet your requirements. I
will try to present them to the Ranch Board not later than January
23 for approval and execution. It would be helpful if I could
receive two executed signature pages from St. Finnbar prior to that
date. Please let me know if you have any questions.
Sincerely yours,
I
trHH/bb ,!'*1k*
Enclosurescc: James Mindling (w/encls. ) (via U.S. Mail)
ceorge Hopfenbeck (w/encls.) (via U.S. !{ail)
Charles Hallowelt (w/encls.) (via U.s. Mail)
Mike LaMontagne (w/encls.) (via U.S. lrail)
LTfi -GEm88&'6. r\g0r 6.028E
'2o62
K$rrrAw DEPABTMENT OF THE ARMY
U.S. ARMY ENGlNEER DISTR]CT, SACRAMENTO
CORPS OF ENGlNEEBS
I325 J STFEET
SACRAMENTO. CALIFORNIA 95814.2922REPLY TO
ATIENTION OF August L9, L997
RegulaEory Branch (L99275059)
Mr. Grant Gurnee
Aquatic and Wetland Company
1-555 WaLnut,, Suite 205Boulder, Colorado 80302
Dear Mr. Gurnee:
We are responding Lo your written request dated August L,
1997, for reverification of a portion of a jurlsdictional
determination on t.he St. Finnbar Farm Subdivision. The mappingof this property was previously approved by our l-etter dated
.Ianuary B, 1997. The site is Located along Blue Creek and the
Roaring Fork River downstream of Catherine's bridge within t,he W1/2 of Section 31, Township 7 South, Range 87 West, Garfiel-dCounty, Colorado.
Based on a site inspection by Susan Bachini NaII of thisoffice on July 9, 7997, we have det.ermlned that your revisedwetland boundary delineation is accurate. The primary differenceis locat,ed on the southwest corner of t.he site in an area markedI'WasLewater Treat.ment Plant, Parce1". The plan referenced belowis an accurate depictlon of the limits of Federal jurisdiction
under Section 404 of Lhe Clean Water Act. The plan is labeled:
St. Finnbar Fa::ur Subdivisionilurisdictional Delineation PIan
Dated 7 /25/97
This verifieat'ion supercedes our previous verification andis valid for a period of five years from t,he date of this Letter.If the mapping information proves to be false or incorrect, wewll1 adjust our determj-nation accordingly. We have maintained
number L99275069 to this determination. Pl-ease cont.act Ms. Na11and refer to this number if you have any questions and for permit
requi-rements at (970) 243-1199 or the address beIow.
Sincerely,
Grady L. McNure
Chief , NorthwesLern Colorado
Regulatory Office
402 Rood Avenue, Room 142Grand'Junction, Colorado 8l-501-2563
MASTER PLAN FOR ROARING FORK RIVER RESTORATION
THE BELOW AND ATTACHED SECTIONS SHOW THE RESTORATION PROPOSED
BY THE MASTER PLAN AS APPROVED BY THE CORPS OF ENGINEERS.
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94 00
93.00
92.00
ffiTdSt-"-661 (if
Irigure lg. photograph of cross-section tt gl0 showing proposecr *ew clime,sion ancl tlooclplairt
revel conrparecr to exi.sti'g conaition. Arnourt oI excavatio. ancl/or fill is shown fo' Lhe
typicalcross-secrion ar rtris location. X C- 8 I O
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Iiigrrre 19. photograph of cross-sectio nlt2180 showing proposed new ditnens.ion ancl l]ooclplflirt
level "o,rpor",l
to existing conclition. Arnount of excavation ancl/or I'illis shown lbr tlre
typicalcross.secti<'lnattlrisltlcittiort.
- waterI,t
96.00
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*ot'tnn,,, t'*....tontt' Eistrict RE'1
t+OS OranO Avenue
Glenwood Springs, Colorado 81601
iFelephone (970) 945-6558 i:::,
"-ffi6,1g*,i": ra"6{fiffi1 L, su perintendent
JUpY'HAPTONSTALL, Ass,Sla nt Su Wrintendent
SHANNON PELLAND,.-F,n ance D irector
Wuue&-
l--inance Director
Enc.
January 16,1998
Eric McCafferty
Garfi eld County Plann ing Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: St. Finnbar f'arm Subdivision - Sketch Plan
Dear Eric:
The followitlg is subrrritted in response to your request for con-rments on the sketch plan for St.
Finnbar Farm Subdivision.
As you are aware, the District's Board of Education adopted a fornrula for land dedication in
July, 1997. Application of this fonnula (see attached resolution) resLrlts in total land cledication
of an amount less than tlte minimum requirement for a school site. Accordingll', tlre District is
requesting cash-in-lieu of land dedication to be calculated in accordance with the attaclrecl
resolution.
fhe District recognizes that this land de.licrrriorr starr,-larr1 lras not yet fbrnrally been acloptecl b-y
thc Corrnty. At the County's request, we are nou' rvorking with Garfield Re-2 (Rille) and
Garfield l6 (Paraclrute) irr an el'fbrt to develop a cornlnon staudarcl lvhich can be applied for all
tltree school districts. We lrave met witlr Srrperintendents fronr Parachrrte and Garfleld Re-2 ancl
agree collceptually on the forrnula. We are now in the process of collecting consolidated clata for
allthree districts regarding number of students per dwelling unit and land area per student. After
we have revised the fonnula based on county-wide data. each of the Boards of Education will
leed tl adcpt a reso!utirn i:T s',rppor1 cf t!:e fo:'rnula. P.ecause r',,e helieve tlre attached resc.!,.rtion
closely approximates.w'hat you will see in the final resolution, u,e are requesting applicatiorr of
the fonnula described tltereirr. We hope to have a resolution to you soon for all three districts so
that a uniform land-dedication standard rnight formally be adoptecl by the County prior to final
platt for this subdivision.
SitFqrely.
)
f,oaringr Fork Shool District RE-1
:::.i::: :: , l40SGiand,,Avenue
Glenwood Springs, Colorado 8160i
Telephone (970) 945-6558
Fred A. Wall
Superintendent
JUDY"'llApTOilSTALL, Issrsta,, t Superintendent
SHANNON PELLAND, Finarrce Directot
July 25, 1997
Dear Council Members and County Cornmissioners:
During the course of several months, the school district. with input from planners of the
various governments within the District's boundaries, has researched and evaluated land
dedication fee formulas to be applied in accordance with Colorado Revised Statutes.
This research culminated in a resolution which was adopted by the Roaring Fork School
District Board of Education at their regular meeting on July 7, tggl. The District
encourages the counties of Eagle, Garfield and Pitkin, the City of Glenwood Springs, and
the Towns of Basalt and Carbondale to adopt the provisions of this resolution io be
applied to residential development occurring within the District's boundaries.
The District will continue to evaluate and respond to specific subdivision requests, andwill determine whether land dedication or cash-in-lieu of land dedication is appropriate
given the nature of each request.
If a meeting with our Board of Education would be helpful, please call us at your earliest
convenience.
Sincerely,N\tN\'L*;-l..*-^-<ttA
Bruce Matherly
PresiCent, Board of Education
R.ESOLUTION OF THE ROARING FORK SCHOOL DISTzuCT R8-i BOARD
OF.EDUCATIOD\I REGARDIIIG STANDARDS FOR LAND DEDICATION A),{D
CASH IN LIEU OF LAND DEDICATION
1997
A. THIS RESOLUTIO]V IS PREMISED ON THE FOLLOWING.
l. Roaring Fork School District ("District") has experienced annual
student enrollment increases ranging tiom l.5Yo to 6.90,/o from l98g to 1996 and
averaging 4.8o/o durtng that time:
Year Enrollment
1988/89 330 I
1989/90 3495
tge)te l 3 708
teqtgz 3e2t
tge?ls3 40 r:l
tee3t94 4288
t994le5 4473
1995t96 4668
t996te7 4737
2 The District recognizes the impact of new developrnent on the
need fbr public land for new schools and has prepared the following fbnnuia to calculate
a standard tbr school land dedication:
Land area provided per student x students generated
per dwelling unit: Land Dedication Standard
3. The District has determined that the total land area currently
provicied by the District is 1,042.8 square t'eet per student basecl on existin-rr school site
acreage and reasonable capacities for each buildin_9 as retlected in Exhibit A.
4. The District has determined the number of students generated pertype of dwelling unit according to data obtained from the State of Colorado
Demographer as follows:
Single Famili, 0.593
Townhome, Condo. Duplex, etc. O.3ZgApartment 0 lg5
Mobile Honre, Trailer 0 474
5. z\pplication of :ir; ri:;r':riiia i;sults in the ibilo',ving stisss5lsd lxnd
Deciication Standarcis.
Single Famiiv 618 sq. tt per unit or 0 I42 acres
Townhome. Condo. etc. -i43 sq. ti per unit or 0079 acres
Apartment, Duplex. etc. 193 sq. fi per unit or .004.1 acres
Niobile Home 494 sq. ti per unit or.0l13 acres
6 At the District's request. a developer of residential housins may
make a cash payment in-lieu of dedicating land. or may make a cash payrnent in
combination with a land dedication to cornply with the standards of this Resoiution. The
formula to determine the cash-in-lieu payment is as follows.
Market valure of the land (per acre) * Land Dedication
Standard * # of units: Cash-in-Lieu
For example, for a property having a market value of $ r00,000 per
acre and I single family unit on it. the payment would be.
S100,000 *.0142 * t: $1,420
B NOW, THEREFORE, THE BOARD OF EDUCATION OF ROARING
FORK SCHOOL DTSTRICT RE-l RESOLVES as tbilows
1 The Counties of Eagle. Gartleld and Pitkin, Colorado. the Citv efGlenwood Springs, Colorado; and the Towns of Basalt and Carbondale, Colorado("Entities") adopt a Land Dedication Stanclard as ser fbrth in part A of this Resolution
2. The Entities require land dedication or a payment
dedication as requested by the District in response to specific subdivision
forth in Parts A. 5 and 6 above from all residential land developers.
in lieu of Land
requests as set
3 The provisions of this Resolution shall serve as the general criteriafor the imposition of school t'ees to be required of all residential land deielopers as setforth in C.R.S. 30-28-101, et seq., as amended, with specific moditications or deviations
heretiorn to be made as the District responds to specific subdivision requests as reqr.rired
by statute.
This Resolution shall be
accurately reflect the student population and
exists within the District.
amended periodically by the District to
school land and building situation as it
EXHIBIT A
Roaring Fork School District Re-1
Sopris Elementary
Glenwood Springs Elementary
Carbondale Elementary
Crystal River Elementary (when complete)
Basalt Elementary
Glenwood Middle School
Carbondale Middle School
Basalt Middle School
Glenwood Springs High School
Roaring Fork High School
Basalt High School
Total acres per student
Total sq. feet per student
6,s70 157.3
0.02394
1042.8
Capac!ty
550
775
500
550
750
67s
380
590
750
600
450
Acres
16^0'
10.2
6.2
6.9
5.8
15.3
8.3
11.4
15.0
26.3
36.0
L-.
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ly ttttitc 5iu0Y !our0^rY
-
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I
Clarbondale & Rural Fine protection District
300 Meadowood Drive
Carbondale, CO 81623
(970) 963-2491
Fax (970) 963-0569
February 2,7998
(ltrilji€tD (X}r{Ty
Mark Bean
Garfield County Planner
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RJ: St. Finnbar Farm, Sketch plan
Mark:
The proposal is essentially the same as the previous proposal in respect to access and water supplies.
Therefore my comments are mostly unchanged from the previous review with the exeption of impact
fees
Impact Fees
The district has revised its impact fee rates since the previous submittal (currently $339.00 per urut)
The fees are subject to periodic review and revision by the district. Fees ior this ievelop*"rrt would
be based upon the per lot impact fee adopted by the District at the time of recording oifinut plat or
at the time of execution of an agreement between the developer and the district.
Please contact me if you have any questions or if I can be of any assistance.
Bill Gavette
Fire Marshal
qArtrcLD O\)UiJfy
Memorandum
To:
CC:
From:
Date:
Subiect:
Eric McCaff..ry
GUY MEYER
/anuary 16, l99B
ST. Finnbarr Farm Subdivision
I have reviewed the St. Finnbar Subdivision Sketch Plan and have the followingcomments l_o offer.
l. Under the Heading of Infrastructure Needs, there is a reference regarding
water utilization by the Fire District via a shallow water table site. Mv o
int-erpretat-ion is that there is one c,rea ,..rhich'...,i11 be allocat-ed for..^.,.rtlr
ulilizaLiorr by rlie File Disir'rcl. L'i-liis is Llie case I would suggesi rliat i^lie Cuuiilyhave a discussion with the Developer abour a Dry Hy<lrantSystem ro providewater for fue protection.
2' I see no information regarding road width mentioned in the document. Iwould suggest the Countv encourage twentv width with four foot shoulders asrecommended by National Fire protect-ion Associatio* Standards.
3' Since tlre proposed building sites are located within a wetlands area and hasnumerous flood plains surrounding it, I would encourage a through review ofthese potential hazards and the i*pr.tr *'hich **y o.L* if a onf hundred y,earfloud were to uccur'. Tlie locaGor-, o? tlr" Wastewaier Treaurierrt Facilitv is ufparticular concern and-I would encourage the county to requfue some iyp" ofmitigation rneasure to be in place.
DIVISION OF WILDLIFE
AN EOUAL OPPORTUNITY EMPLOYER
John Mumma, Director
6O60 Broadway
Denver, Colorado 8O216
Telephone: (303) 297-1 192
For
1-l-8-98
Garfield County planning
l-09 Bth St., Suite 303
Glenwood Springs, CO 81601
Dear Mr. McCafferty:
I have revie$red the St. Finnbar Farm sketch ptan and willyou to my previous letters of 7-6-90, 9-24-9L, and 2-28-96County. As indicated in previous letters, the main valueswildlife on this parcel are its wetlands, riparian areas,associated cottonwood and ponderosa pine trees. The talI
For People
cottonwood and ponderosa trees provide excerlent habitat forperching, feeding, and nesting cavities for a variety of speciesdependent upon that habitat type. A variety of raptors, ohrrs,and song birds use this habitat. The associated wetlands andriparian areas along Brue creek and the Roaring Fork River areespecially important, providing habitat for nesting waterfowl andother song birds and small mammals (raccoons, skunks, mink,beaver, muskrat, mice, voIes, etc). MuIe deer also utilize thearea and move throughout the bottomland.
The sketch plan has incorporated many of my past recommendationsto protect the riparian and wetrand areas and associatedcottonwoods. r commend the applicant for that. Their proposarto develop a wildlife manual is a great idea.
The folrowing are additionar comments and recommendationsregarding the latest proposal.1. The proposal stated that special management guidelineswould be inctuded in the protective covenants to assurepreservation of the present quarities of the open spaceareas. What are these management guidelines? I have statedin previous letters my concern over protective covenants andtheir effectiveness. There are seveial issues which will beaddressed in the covenants such as mainLenance of nativevegetation/cottonwoods/snags, fencing, dogs, etc. which arevery important from a wildlife management perspective. rhlould recommend that these issues be addressed as conditionsof approval and not placed within the covenants.
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES i99fl
C{A,r?.bLt} CXttdy
REFER TO
referto the
to
and
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive DirectorwILDLIFE coMMlssloN, Arnold Salazar, chairman . Rebecca L. Frank, Vice-chairman o Mark LeValley, SecretaryJesse Langston Boyd, Jr., Member . chuck Lewis, Member o James Long, Member
Louis F. Swift, Member . John Stulp, Member
es
2. Lots 6-1.2 , L4 vrere said to be large enough to havehorses. They also contain mapped wetlands. There shourd beno grazing within the mapped wetlands, excluding the NWfields whlch have tradit-ionarry been used for hay prod.uction
and grazing.3. AIl wetland edges and setbacks should be adequatelymarked before construction of the infrastructure and homes.silt fencing shourd be installed along these edges and BlueCreek to prevent sedimentation before any construction.4. Reclamation of the low water crossing and drivewaycrossing of wetland channel be conducted immediately uponconstruction of infrastructure5. Larger buffer zones along BIue Creek and its associatedwetlands appears to be attainable based upon the mapping andbuilding envelope size. There appears to be sufficl.ent areato adjust envelope location within sone of the lots toachieve greater than zo' setback. Larger buffer zones wirlreduee the impacts to the wetlands and wildlife specieswhich use these areas. It rnay also help to reduce tneconflicts and probrems with those species and homeowners,6. Restrict to I doglhome with a kennel restriction. Ifdogs are not sufficiently controlled, there wiLl besubstantial negative lmpacts to waterfowl nesting and otherspecies using the riparian and wetland areas.7. Applicant was will-ing to use DOW fencing specifications.The perimeter fence should be reconstructed-to thesespecifications if this fence is needed. In addition, any
homeowner who has horses should fence their haystacks attheir expense with 8' mesh fencing to prevent |arne damage bydeer and elk.8. - Encourage a public fishing easenent along the RoaringFork River. This would have minor impacts to homeolrners dueto the amount of riparian vegetation between the homesitesand the river
Thank you for the opportunity to comment.questions, please give me a Lall.ff you have any
District Wi1
Carbondal-e
Sincer{y,
e Manager
Bill Owens, Covernor
.lane E. Norton, Executive Director
Dedicated to protecting and improving the hearth and environment of the peopre of CororadoCrand Junction Regional Office
222 S. 6th St., Rm U 32
Crand Junction, CO g1 SO1 -2268til< (97O) 248-7198
August 10,2000
St. Finnbar Land Company
Attn.: Mr. Ron Garfield, c/o
Garfield and Hecht, p.C.
601 East Hyman Ave.
Aspen, CO 81611
Dear Mr. Garfield:
Re: st. Finnbar Farm Subdivision Sewer Lift station ApplicationHCE project No. g9}74.)g,Garfield Corrty -"'
Colo..doD.pil.ni
ofP^ublicHealth
anc trnunonment
ffiif,',t:Jilll3.ry;,U,*,.1.:::::: Hft, *uli*lpprication ror the Sr. Finnbar FarmSubdivision sewer Lift station ** **ir.a;il;i#.;;,,*iffi;ffi igsl ;;:# jff,3.:T':::g:: T_A:ry:, e, 2 ooo rhe
the Desi ::Il":- accordance with Division policies, and
Please contact me at (970) 24g_7199 if you have any questions.
Sincerely,
,1
,, c"4tr_,
Robert Cribbs
Engineering Technician
Water Quality Control Division
cc:
8i#*:ff!}Hr':ffi t1ffi"t High country Enginee ing, e23cooperAvenue,
H:l,i,*Jtffi;;:.,JS :ffii,"t High country Enginee ing, e23cooper Avenue,
Mark Bean, Garfield County Building and plannins
fuchard H. Bowman, p.E., west srop'eG;#Etechnicat Service Unit, wecDDwain Watson, D.E., Technicat Services Urii'#qi,R. Cribbs
RUG-82,_58 74:T5 LISTCIN HoUsE ENTP LDP TEL:97O9454ZI6E
LAND DESIGN PARTNERSHIP
918 CooperAvenue, Glenwmd Springs, CO ElOO1
970-945-228 / Fax 970-945.4066
August 20, 1998
Mart Bcan
Garficld County Bldg. & Planning tlcpt.
lOt tth Street
Glcnwood SfirirUs, CO tt60l
Fan#;945-77E5
Re: St. Finnbar larnr Preliminary Plan
Dcar Mark:
St. Finnbil Lantl Company, agrces to waivc the 30 day rcquiremcnt ftrr thc tloard of County
Commissioners to hold the public hearing on the St. Iinnbar Farm Preliminary Plan as called for in
Section 4:31 ol'the SuMivision Regulations. A heuring date of September l4th is acccptablc to
St. Finnbar Larxl Company. I will nced to deliver a public notice form to thc Glenwood Post by
the morning of Wedrrcsday, August 26th to nreet a puhlication deadline of August 28th fur the
l4th hearing dote.
'l'honks for your assistarrce.
Sincercly,
Ronald B. I,iston
P:67
H
SEWER SERVICE AGREEI{ENT(St. Finnbar Property)
THIS AGREEI{ENT (this ttAgreementtt) is executed thisTHIS AGREEI{ENT (this trAgreementtt) is executed this 13 day
of Fohr.,.,rr.r, , 199gr by and between the RANCH AT ROARING FORK
HoME-omffiI[BocrATfoN, rNc., a colorado non-prof it corporation
(the 'rIlANCHrr) and ST. FINNBAR LAND COUPANY, a Colorado
corporation (the rrDevelopertt) (collective1y, the [Partiesrr) .
RECITALS
A. The Ranch is the homeowners' association for a
residential community known as r'The Ranch at Roaring Forkr I
Iocated in the County of Garfield, State of Colorado (the rrRanch
Property").
B. The Ranch owns and operates a wastewater treatment
plant and related facilities appurtenances and collection Systems
(the rrExisting Facilitiesrf ) on and about the Ranch Property for
the benefit of the owners thereof.
C. The Developer is the owner of certain real property
located in the County of Garfield, State of Colorado, as is more
particularly described in Exhibit A attached hereto and
Incorporated herein by this reference (the rrDeveloper PropertYt') ,
which Developer Property lies adjacent to the Ranch Property.
D. The Developer is in the process of subdividing and
platting the Developer Property, and in connection therewith, the
Developer needs to obtain certain governmental approvals and
permitsi in order to obtain such approvals and permits, Developer
must demonstrate that wastewater collection and treatment
services (r'Sewer Service") will be available to the Developer
Property.
E. The Developer has requested, and the Ranch has agreed
to provide such Sewer Service to the Developer Property, and theparties desire to set forth their agreement regardingr the terms,
covenants and conditions under which such Sewer Service will be
provided.
NOW, THEREFORE, for and in consideration of the prernises and
the mutual covenants hereinafter set-forth, the Parties agree as
follows:
Mrsc\ a727 I .4\0et 6.0280
1. fnfrastructure fmprovements and Cost Allocation-
1a. Existing Facilities Improvement proiect andDeveloper Cgllection Svstem. Portions of the Existing Facilitiesneed to be improved, replaced or upgraded and, in the process,can be expanded in order to provide Sewer Service to theDeveloper Property (the rrrmprovement projecttt). The eost of thermprovement Project sharl be borne by the Ranch, contingent uponreceipt of the tap fees identified in sections 13 b. (ri ana tgb. (2) below. In addition to the fnprovement project, a sewagecollection system (the rrDeveloper Collection Systemrr) will needto be designed and constructed on and about the DeveloperProperty, including but not rimited to, colrection rines andother facilities and appurtenances, and a connecting-rine willneed to be designed and constructed within the Ranch property
(rrconnecting Mainrr), in order to provide sewer service to theDeveloper Property. The Developer collection systen and theConnecting Main shall be designed, engineered and constructed atDeveloper's sole cost and expense.
lb. Connectincr Main. The Connecting Main will need tobe designed and constructed within the Ranch Property to connectthe Developer Collection System to the nearest existing main onthe Ranch Property in the cul de sac at the end of stagecoachLane. The Connecting Main is expected to traverse through (I)the easement described in the Agreement, Easement Grant andMutual Release dated June 28, 198G, recorded in Book 697 at page
6LG of the Garfield County real estate records (ttUsage Easementr)being an easement under which Developer has the right to use aportion of the Ranch Property adjacent to the DeveloperProperty's west boundary (rrDeveloper usage portionr) and underwhich the owner of the Preshana Property (as defined in Section4b) has the right to use a portion of the Ranch Property adjacentto the Preshana Propertyrs west boundary (r'preshana UsagePortion") I Q) through a portion of the Ranchrs Common RecreationReserve south of Lot 11, Ranch at Roaring Fork, phase S; (3)through the pratted utirity easements at the rear of Lots 11, L2and 13, Ranch at Roaring Fork Phase 51 (4) through the easement
owned by Developer along the south line of Lot 13, Ranch atRoaring Fork, Phase 51 and (5) through the cur de sae where theexisting Ranch main is rocated (the rrconnecting Main EasementRouterr). The Connecting Main will not be installed in the
Preshana Usage Portion of the Usage Easenent unless the Preshana
Owner grrants to Developer and the Ranch the right to use the
Preshana Usage Portj.on for the Connecting Main in form andsubstance satisfactory to Developer and the Ranch.
The Connecting Main sha1l be owned and operated by theRanch, and Developer hereby grants to the Ranch the right to usethe se\^/er line easement owned by Developer along the south lineof Lot 13, Ranctr at Roaring Fork, Phase 5 and to use the Usage
A-/.-
Easement owned by Deveroper on the Ranch property for thecoTnecting Main. Notwithstanding the fact tirat th" connectingMaj-n will be located within the i,anch property and witl be ownedand operated !v.tne !3nch, the connecting-uaiir =tiri-ue aesit;;e,engineered and installed and thereafter iaintii""ar-.epaired andreplaced at the cost and expense of Deveroper, -i"ii.rrg ., agentfor the Ranch and subject to the direct,ion';e ;p;;oiar of theRanch in the exercise of its reasonabre aiscreti;;:- Developer,as agent for the Ranch, sharr indennify and hord harmress theeRanch from alr. ross, cost, damagre and Lxpense, inctu-ing, wiinoutlimitation, attorneys fees, ariSint ;"4- 6r trre aesign,engi-neeringr in_s_tarlation, mainteni."" -refaii -";-;;;iacement ofthe Connecting Main by Developer.
The Connecting Main shall, dtmanhole access and a means to shutexisting Ranch system.
2.
some accessible point, haveoff effluent entering the
rf the Ranch or Developer as agent for the Ranch areprevented from i-nstarring the connecting Main in inv portion ofthe connecting Main Easement Route as a resurt of aiy temporaryor permanent ?Id-"r of any gogrt of comFetent jurisdiltion-r----1Developer shart have the righ! to terninate tfiis-ajieenent rywritten notice to the Ranch given betoie the Ranch has contractedfor construction of the rnprovenent proj."t, i" ,iii"i, case anypaYment by Developer of tap fees under 6ection rg--b"1"* shal1 berefunded to Developer and both parties sha11 be released from anyf-urther obligations hereunder. The Developer shali have untirMay 1, 1998 to instarl the connecting uain-. unCii-trrat date, theRanch agrees not to contract for any construction of thermprovement projegt, the costs of wlicn would be the obligationof the Developer if it terminates this Agreement pursuant to thisprovision.
2a. _ llcl,aughlin Role. The Developer acknowledges thatMct,aughrin water Engineers, rtd. . (ruclaughrin;1, -waier eigineer-for the Ranch, shaIl design, engineer, ana supirvise constructionof the rmprovement project. Developer sharr Le entitred toretain either Mclaugl1in or its own'engj.ne"r ;; ;ili;eers, at its:.o1" expense, !o_design, engineer and Jupervise "oi=t=""tion ofthe Developer collection syitem and the bonnecting i"il, -pi""ia"a
that, McT,aughlinr oD behari of the Ranch, and at Deveroperrs solecost up to, but not exceeding_ gs , ooo , sharr trave ,igr,t.- t" ( ii - - -
review and, based on reasona6re grounds, approve and/ordisapprove of the design and.engineeii"g prans produced byDeveroper's engineers, and (ii) -inspect construction of theDeveloper correction systen and the connectin; M;i;l rfMclatr.ghlin disapproves of the Developer collection svstem or the
Mrsc\o727t.a\e8r 5.026C
-3-
connecting Main, it sharr specify the changes necessary to arrowapproval.
2b. Project Design and Construction. Ranch agrees tocause Mclaughlin to finalize its engineering studies and producea final design for the fmprovement Project, inclusive of detailedcost estinates (the 'tProject Designtt) . upon derivery of theProject Design to the Ranch, the Ranch sharr deriver- same toDeveloper for its review and comment. Developer shall have twenty(20) calendar days to deliver any cornments or suggested changesto the Ranch, in writing. The Ranch covenants to give reasonableconsideration to such cornments or suggested changei, but reservesthe right to approve the Project Design in its sole discretion.upon the Ranch's approvar of the project Design, and upon receiptfrom Developer of the tap fee amounts specified in Sections 13 b.(1) and 13 b. (2') below, and upon satisfaction of the conditionsin sections 14a. and 14.b below the Ranch shalr construct, orcause to be constructed, the fmprovement Project. Developer shallconstruct, or cause to be constructed, the Developer Collectionsystem and the connecting Main. The Ranch and the Developersha1l each be responsible for obtaining, Bt their respectivecost; all required perrnits and approvals for performance of theirrespective construction obligations. AII such construction shallbe in accordance with applicable laws, building codes andregulations, as well as being in accordance with plans andspecifications approved by Mclaughlin. The Deveroper shallconstruct and installr or cause to be constructed and. installed,at its sole cost and expense, service lines to serve individualunits within the Developer property.
2c. Completion Date for fmprovement proiect. Theparties hope that the rmprovement project wilr be completed in1998 but understand that there could be delays that would makethis not possible. rf, however, the rmprovement project is notcompleted by December 3L, 1999, the Developer may, at its option,terminate this Agreement by written notice to the Ranch givenbefore conpletion of the rmprovement project in which case anypaYments by Developer of tap fees under Section 13 below shall berefunded to Developer and both parties shaIl be released fron anyfurther obligations hereunder.
lf, however, the conditions contained in Sections 13and 74 of this Agreement have been satisfied and the failure tocomplete the rmprovement Project by December 31, 1999 is due tounreasonable delay within the control of the Ranch, Developer maybring an action for specific performance by the Ranch of ilsobligations hereunder. The remedy of specific performance shaIlbe in rieu of termination of this Agreement and return of tapfees paid hereunder.
v19f.07271.a,9€ I 5.0288
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2d. rnlerim service to Deveroper propertv. rfrequested in writing by Oeve1 t5, 1998r oEsuch earlier date as the Ranch may erect to ao s5, the Ranchshall offer to provide Developer witfr Sewer Service for up to 14EQRs on the Deveroper propert! pending conpretion of thefmprovement Project ("fnterim sewer sirvice") utilizing existingcapacity of the Ranch,s Existing Facirities,'surj--i onry to th6availability of srlch capacity aiter provisio" i"i--onpriirr"" *Iirtthe Ranch's existing legal obligations to provide sewer serviceto other EQRs then existing or planned. ri trre Ranch =p"ciri"sIess than 9 EQRs as the number of fqns on the Developer propertywhich the Ranch is willing and. able to provide with -tnterim- sewlrService, Developer nay terninate this Agreenent by written noticeto the Ranch given within 2o days after receipt oi ttre Ranchrsnotification, in which case_any palments by olveloper of tap feesunder Section 13 below shall Ue ieiunded t6 peveloier and bothparties shall be released from any further oblig"tiorr= hereunder.otherwise, this Agreement shall continue in for6e and effect.Interim Service sha1l actually be provided only to the extent tapfees have been paid and only ifter- satisfactioi of the conditioniprecedent in sections 11 and 14 berow. rf rnterim service iscommenced, this Agreement will govern as to the EeRs servednotwithstanding any termination-of this Agreement for failure tocomplete the rmprovement project or for any other reason.
3. Design'Evatuation License. upon execution hereof, then-u"glrr_ Mclaughlin, and their contractors, agents and consurtantsshall have the right, after reasonabre ad.vance notice toDeveloper, to_reasonably enter upon the Deveroper property, dtthe expense of the Ranch for the linited purpoles or inspLcting,testing-and examining the Developer Propeity'in connection withthe design and construction of the rmpr6venlnt project (thettDesign/Evaluation Licenset'). To the extent reasoiably possible,such_ entry sharl utirize roads and driverrays in place on- theDeveloper Property and avoid any homes and inproied areas,wetlands and wildlife sensitive areas. The oesign/nvaluationLicense shall lxei5e upgn completion of the Inpiovenent projeet.The Design/Evaluation License is distinct from and differen[, tfr"nthg inspection and other rights under sections 2d., 4a. and 9. ofthis Agreement.
i
4. Easements.
4a- Deveroper colrection systen Easement. uponconmencement of construction of the Developer Collectioir Systen,the Ranch shall have an easement (the 'rDeveroper collectioirsystem Easementrr) which shalr (i) onry be sub]ect to such titlematters and burdens that wourd not malerially inpair, rinit orinterfere with the Ranchrs exercise of any oi it! riirrtsthereunder; (ii) alrow the Ranch and its contractors;consultants, licensees, employees and agents, upon reasonable
-5-
notice, to enter upon the portion of the Developer propertycontaining the oeveloper c6rrection systen and,'ii reasonabrynecessary in order to access the oeveioper coliect,ion system, toenter upon adjacent portions of the Devlloper erolerty (such9n!ry, to the extent reasonabry possibre, l" "tiiize roads anddriveways in prace on the oeveioler nioperty and to avoid homesand improved-areas, wetlands and ,iraiit" =L"=itive areasl; and(iii) be used to monitor and in=p""[-tn" p"r"i"p"r-c"1lectionsystem ?nd, as provided in secti6n g below, it ttre Rures andRegulations have been violated or oevelop"i rr""-u""" negligent oruntimery in perforning its obrigatiorrr t.."under, be used by theRanch to main!.ilr operate, repiir, replace and i:tean tneDeveloper Collection System.
4b-. preshana Rights to connect. At the election ofthe Ranch, the owner oi owners ot ErrE-pre.strana rioperty, ashereinafter defined (the rfPreshana ownlr") shali trive the rightto connect into and use, for sewer seivic! t"-tt"--preshanaProperty, ar+ or any portion of the connecti"g-ilii"- (therrPreshana Joint use Portionrr). Any such connection and use sharlbe at the sole cost and. expense oi the preshana orrner. At thetiure of any such connection, and as a conditr;; ;;;;edent toconmencement of service to the preshana propertyl tne preshana
9*l?t shall pay to Developer the Preshana sirarel as hereinafterdefined, of the costs to beveroper of installi"i [n" portion ofthe connecting Main within the Dreshana Joint uie portion. ThePreshana owner shall_pay.to Developer the preshana share of thecosts to Deveroper of main-t_ainingr,- repairifi-ile-;"pr""i1g-til-portion of the. connecting Main witnin'the preshana Joint usePortion (r'Maintenance coIts") and shari be soreiy-rl=ponsible forany loss, cost, damag'e or expense caused by ttre ireshana ownerand for any breach ofr or detault und,err- ti.i= agreenent ".rr="- bythe Preshana owner. The ,preshana share, sharl mean theproportion whic! the EQRs on the Preshana property connected tothe Preshana Joint use Portion, bears to the totai EeRs connectedto the Preshana Joint use Portion. The trpreshana propertyrr shallmean that certain rear property located in A;;ii"te bounry,colorado, bounded on thL wlst by the Ranch pr;p"iayr 01 the southby the Developer property, on the north uy cotlraai'state Highway52 and on the east by Catherine Store Road.
rn any agreement with preshana to provide sewerservice, the Ranch shall seek to have includld a lrovision thatpermits the Ranch to shut off sewer service t; pr;;hana ifPreshana at any tine fairs, after appropriate n"Iice'ana right to9ur-e, to.pay Preshana's share ot an|-uainten.n""-c"=t= reguired--tg-P" paid to st. Finnbar.-.under uily suctr provision, the Ranchwi1r, after notice.and right to cuiel =urrt off sewer service toPreshana at the written riguest of st,. Finnbai iliii preshanapays Preshana's share of Maintenance costs."qrii.a to be paid tost'. Finnbar provided, iiowever, tha.t the Rarrch is satisfied that
-G
-
Preshana has, after notice and right to cure, clearry breachedits obligation to pay the Preshani Share of Uaintenance costsreguired to be paid to st. Finnbar and provid;a "i=" that st.Finnbar agrees. il *1!ing, in form and substance satisiactoiy tothe Ranch, to indernnify the Ranch against any loss, cost, daiageor expense, including attorneyrs fees, arisiig as i resurt of theshut off of service to St. Finnbar.
5- Rules and Recrulations. The Ranch has advisedDeveloper, and Developer acknowledges and agrees, that the Ranchis not, and does not hord itself orit as, a iubrii oi privateutirity or as a gJovernmentar.or quasi-governmental "rriity. TheRanch sharl h1ve, in perpetuity, -the right to establish indamend, from time_to tine, the rules and regulations under whichsewer service wirl be provided to the nancfr property and theDeveloper Property and/or other users of the seiyer -service whichrules a-nd regulations shall be applicable also to residentialusers who are members of the nanch. A copy of the Ranchrsinitial rules and reg"ulations is attached hereto as Exhibit 3(the rRules and Regurationsr). The Ranchrs discretionary porrerand,right to establish and amend such Rules and negulations issubject to the linitation that the Rules and Regrufitions-;h.ilnot be amended to treat the Developer Property dirr"r"ntly thanthe Ranch property except as provided in trris-Agreenent or tounreasonabryr.materialry and adversery (a) aftelt the provisionof sewer Service to Developer or (b) increase Developeirs costsfor such sewer service, ex-ept increases which ... "brparable toincreases for singre-famiry Loneowners within ttre-nancn.
6. Developer Decrarations and covenants. Developerexpressly consents to the recordation of ttris agreement in theregr property records of the county of Garfierd] state ofcororado. Deveroper agrees that it shalr, prior to conveying feesimpre title !o 1rry portion of the Deverop^er property to- a {,rriraparty, cause to be recorded in the rear pioperty-recbrds of thecounty of Garfield, state of colorad,o, dLcliratiorr= and covenants(the rrDeclarations and covenantstrl ,, wtrictr, insofar as they relatet9 or may affect. this- Agreement or the riirrts and obligiti""=-"i-the.parties hereto, shall be in form and lubstance realonablysatisfaclo.y to the Ranch and its legal counsel. TheDeclarations and covenants sharl re [inaing upon Deveroper, theDeveloper Property and all subseguent owneis Lhereor ani wiII, &ta.minimum, (i) contain a separatd section entitled rsewer serviceDisclosurerr which wilr iaenliry the Ranch and refer to thisAgreement, including the gggk and.page of the Garfield countyreal property records at which this Agreement is recorded andnote that the provision of sewer service to the DeveroperProperty is subject to this Agreement; (ii) contai.n a lrovisionto the effect that sewer service to the'Developer eropirty isproyided by the Ranch which is a private honeowners, associationentitled to establisir rules and rLgrulations for the provision of
Mrsc,8727l.4\9e15 0288
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such service but nhich is no!.?ybject to rures or regurationsaffecting pubric utirities; (iii) expressry requir" trr"acceptance by the homeowners, associition i". it"-oeveroperProperty (the_ trDeveloper Property Associationrty, wittrout vote or9th9f approval, of an assignnent of this ag.""i!nt-ana assumptionby the Deveroper property association of each and arl of theDeveloper's obrigations ind rights hereunder; i.d ii"l providefor the formation of the Developer property Associiti6n'with ii"r,and assessnent- rights and the p-ower to enforce such lien andassessment rights suffici.ent to arrow the Deverolei propertyAssociation to meet its obligations hereunder, incruain;-ihapower to levy and colrect assessments for such pr=po=" withoutthe need for member approval.
7. Develpper,s succeqsgrs and Assigns. rt is expresslyagreed between the Ranch and the Devefopei ttrat this Agreementcreates a master service relationship bLtween the Ranch and theDeveloper, any successor Deveroper, is hereinafter aetinea; ;d,urtinately, tlre Developer rropeity Associati;;: --er[rrorgh thisAgreement shalr be binding upon Dlveloperrs successors andassigns, this Agreement ii n6t intendeh to, nor does it, norsharl it at any tine, create a contractual relationshil'ueiweenthe Ranch and a3y party other than Deveroper, a successorDeveroper and_the Developer_ property assoiiati"n. -onry
Developer, a successor Deveropei ana the Developer propertyAssociation shall have the right to enforce ttri's -ag.""r"nt or tomake any craiT.or have.any cause of actior "gii.=t'trr" Ranch orany of its offigers, dire-tors, members, att5rneysr consurtantsor employees arising from or on account'of this i,green"nt.Developer may not assign this Agreement or any poition thereof toaly_other person-or-entity, and any-such atteiplea issignnent-shall be void and of no eifect proiriaed that, ?i) Devel5per sharlbe entitled, prior to creating Lne Develope.'e.-i"iiyAssociation, to_assign this Agreement, in^its ""tii"tv to apurchaser of a}r, but not lesi than air, of the oever6perProperty described on Exhibit A (a ,successor Developei,,y; andliil_Developef or any such successor Developer shalr'assLinDeveroper's rights hereunder and delegate ol"-r"["i7s dutieshereunder to the Developer Property Aisociati"n lie"ted pursuantto the Declarations and covenants, which wirl ue iecog"ii.a-uy---the Ranch as Developer's successor-in-interest and shall succeedto the entirety of Develgper's contractual rigtris ana ourigationshereunder. owners of a rot or unit or other fortion of theDeveloper Property shalI be bound by the terni of this agieeurentbut shaIl have no direct rights to Enforce tnis-ag.;"r"nt or makeany craim or have any cause of action against in"-ni".h undertltis Agreement- The Developer Property Association shall at alltimes represent and be the only paity Lntitled a;-;"4 for suchovrners and all actions of the Devel0per property Assoeiationshal1 be binding on such owners.
-E-
-8: -sysles Manacrement and Modification; organization ofSpecial District. fhe nan m tine totime, in its sore and absorute discretion, t5 aiter, modify,expand, reconstruct, replace or contract its sewer system iiraTorwastewater treatment plantr so long as it does not iipair, otireithan for the-period reasonabry necessary for such worl, theRanch's ability to serve the Developer Froperty. rn connectionwith the exercise of the Ranchrs ri-grrts deicriled in thepreceding sentence, the Ranch agreei to deliver reasonabreadvance notice to the Developer of its intention to exerciSe suchrights except in cases of energency where advance notice shallnot be necessary. The Ranch also ieserves the right, in its soleand absolute.discretion, to organize a special aiitrict and toassign its rights and deregate its duties hereunder to such aspecial district and/or to any governmental or quasi-governmentalentity. rn connection with the-organization of'such ipecialdistrict or the assignment and/or ielegation of the Ranchrsrights and obrigations hereunder to a lovernmentar or guasi-governmental entity, the Developer covenants on behalf ofDeveloper and Deveroperrs heirs, successors and assigns, toreasonably support such organization and/or to reasonabiy consentto such assignment and/or delegation and to lend all assistancereasonabry requirgd by the Ranch in connection therewith,notwithstanding that the Developer property may be within orwithout the boundaries of such special-Aistrict or lor..nmentalor quasi-governmentar entity; provided that the Dev6roperProperty is included in the seivice area of such district orentity or otherwise is assured of sewer service from suchdistrict or entity on terms which are no less favorable to theDeveloper Property than the terns of this Agrreement except to theextent that terms applicabre to the Ranch pioperty are alsocomparably less favorable. rn no event shall oevlloperr orDeveloper's heirs, successors or assigns be entitled to exercise,nor exercise any management or decision-naking authority o.r". ifr"Ranch,s sewer system.
svstem lr{aintenance and cost Allocation. The Ranchshall perform or cause to be performea iff naintenance, repairs,replacements, cleaning and monitoring of the wastewater trLatnentplant and all portions of the sewer iystem, as the same may beexpanded or nodified after the date hereof, excruding theDeveloper Collection System and the Connecting Main wtrictr shallbe naintained, repaired, replaced, cleaned and monitored byDeveloper at its sore cost and expense. with respect to theDeveloper Collection System, if and to the extent that the Rulesand Regulations have been violated by Developer or Developer hasb-een negligent or.untinely in perforiing oevlloperrs obli|"ii""r,the Ranch,.upon-giving prior notice to Developei nay (but shallnot be obligateg to) enter upon the Deveroper nropeity tooperate, maintain, repair, repracercrean anaTor n-onitor theDeveloper Collection system at Developerrs sole cost and expensei
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provided that, in the event of emergency,entry need be given.no prior notice of
. 10.. The Ranch shall ownwastewater treatment p:.anl Ena-ESortions of the serrerlying within the Ranch property, inEiuaing the connectingThe Developer sharl own the oeieroper coriection-svri"r.
the
system
Main.
The
11.
Developer expressry acknowledgEE-ant-Eliees Eh rlowingsharl constitute conditions piecedent i,o both the Ranchrsobligation to provide the sewer service described herein and tothe Ranch's allowing any sewer taps to be connected on theDeveloper property.
l1a._ service charqe Reserve. Deveroper shalr havedelivered to the nanch and ;h=rr trrereafter naintain a six (6)months' service charge reserve, calculated in accoid.."" with theRanch's Rures and Regrulations and the formula set forth insection 13 d. berow, and based on the larger of (i) the ninimumof 18 EeRs committed to hereunder or (ii) -the-"*ir!. of EeRswhich have actualry been connected. developer acknowredges andagrees that such service charge reserve may be appliea uf trreRanch to satisfy any delinguency or defaurl nereiriraer andcovenants to maintain such service charge reserve with the Ranchfor so long as sewer service is provided hereund.er. To theextent such service_charge reserle is drawn down or applied toany delinquency or defaultr-Deveroper shall p."rpiiy-ilprenishthe funds drawn doun or appried. olveloper shall add to theservice charge reserve as necessary to ieflect increases in thenumber of EQRs connected and to reilect incre"."=-i"-servicecharges over time. The Ranch shalr keep the service chargereserve in an interest-bearing account it . bank or otherfinanciar institution in whicfr it naintiin. one or uore of itsown accounts and shall pay the interest credited to the accountto the Developer at least-annually to the extent the funds in theservice charge reserve, after the payout of such interest, are atleast eguar to the amount then reqiliiea to be naintained in theservice charge reserve.
11b.
?:y:}"p"r,s. Decl.r.tio ";shall have been recorded in the rear property records of thecounty of Garfield, state of color?d"l ana tfre Developer propertyAssociation described therein sharr trive been rorroea, "o,,,,"rr""6to operate and assumed the obligations under thi; Adeement.
11c. costs payab].-e by Devergner. Arr costs payable bythe Developer pursuant to thG-uenoranaTn of understanaini-aii"a'November L4, 1995, between the parties in conne"iio' wiCf, ;y--necessary easements, licenses or other agreements shall have been
Ml3cl0':7t.r\er15 c2ap
_iG
paid in fulI by Developer as required by such ltemorandum ofUnderstanding.
11d. Payment of Tap Fees.pa id and/ or re imbursed to--EEE-Errch-_and costs reguired hereby and by theRegulations.
11e. performance by Deveroper. The Developer sharlhave performed or caused to ue perrornea such acts oi actions asmay be required !v r-.y, by this-Agreement or as may ieasonabry bereguirel uy the Ranch's engineersl as necessary coiaitions to theconnection of taps on the 6eveloper property.
11f. Tap fees payable pursuant to Section 13b have beenpaid and the conditions lel forth in Sections 14; "rra u have beensatisfied.
L2- Lien Rights, Disconnection Riqhts and other Riqhts ofthe Ranch.
L2a- Sewer Service Lien. In consideration of the Ranchentering into this Agreement ana in order to secure the palment,and performance of the obrigations of Developer hereundei, theDeveloper, on behalf of Developer and Develolerrs successors andassigns, hereby grants to the Ranch and its luccessors anaassigns a.perpetual lien upon the Developer property (the rrsewerservice Lien't). The sewer service Lien shall run with theDeveloper property and sharl be binding upon and enforceab.reagainst the Developer and each and aII of Developerrs successorsand assigns. After notice to-Devetoper and, a so-iay right ;i-;;"by Developer, the sewer service Lien may be forecl6sed and/orexecuted or realized upon by the Ranch is a mortgager of, by anyother means authorized undei the applicable laws-oi trt" state afcolorado- The sewer servj-ce Lien lhall be prior and superior toany other lien or encumbrance upon the Deveioper properly,excepting onry the lien for ad valorem real piop.ity'tax-es;provided that, the Sewer Service Lien shal1 i" j""i'"r to the lienof any first mortgage or first deed of trust orr-".y part of theDeveloper property taken in good faith and for varire'and.perfected by recording in the office of the Clerk and Recorder ofGarfield county, colorado, prior to the tine or ieeoraing-by-o=--on beharf of the Ranch of a specific notice of lien ctaii.
L2b. D:Lsconnection- for- Default. The Ranch expresslyreserves, and the Deveroper hereby grrants to the Ranch, theright, after notice to peveloper lni tai.rrrr" oi-pl""r"ier to curethe default by the expiration- of the cure period as heieinafterdefined, to disconnect the Developer property or any portionthereof from service or to discontinue pioviding seivice to theDeveloper property or any portion thereof in th6 event any
Mrsc\87271.4\80t5.o268
_1 1_
The Developer shall haveall tap fees and other feesRanch,s Rules and
charges, costs or fees payable hereunder or under the Ru1es andRegulations of the Ranch are not tinely paid, or in the event ofany other violation of this Agreement or-the Ranchrs Ru1es andRegulations by Developer or Developerrs successors or assigns orany owner or occupant of the Deveroper property. The [curePeriod" for purposes of this section shall meair, for a monetarydefaurt, 60 days ?nd, for a non-monetary default, 60 days plus-such additionar time as Developer is ailigentry proceeding tocure the default, in each case, extended until-conclusion-of anyarbitration under Section 22 below which is comrnenced prior todisconnection of service. In the event of reconnectioir to thesystem or the continuatj.on of service, Deveroper sharl pay thecosts and expenses thereof.
L2c. contrors on Deveroper property and use of sewerFacilities. Developer shalr not li) use-an@Developer PropeTly for.any purpose other thin providing serviceto a-singre-t"Tlry residence and any rerated clretaker unit, ashereinafter defined, or outbuilding, as hereinafter defined(e.9., no conmercial uses other than unobtrusive home occupationsshaI1 be alrowed) or (lil pernit or arrow to occur occupanly ofany of such single-faroily residence or Caretaker Unit by " irumtrerof persons which exceeds any applicable statute, rule, 6rdinance,regulation or the design capacity of such residence or caretakerUnit or (iii) pernit or allow to occur infiltration of the selrersystem by ground or seepage water or (iv) pernit or allow use ofthe sewer system for disposal of any wastes which are not usualand customary in connection with single family residential use.rn the evenL the Preshana property is connected to the sewersystem, Developer and its successors and assigns shall not beresponsible for any vioration of the foregoing reguirements bythe Preshana owner or owners of lots or units-on the preshanaProperty.
13. Fees, Charges and pavment Thereof.
13a. EoBs to be served. Deveroper hereby agrees topurchase and, subject to the terns and conditions hereof, theRanch hereby comrnits to seIl to Developer sewer taps for not lessthan 18 nor more than 35 EeRs. For purposes of this Agreement,one [EQRrr shall equal a single-fanily residence (ttResidencer)with up to three (3) bedrooms and two (2) bathrooms or HalfBaths; each Caretaker Unit (as hereinafter defined) sha1l equal0.4 EQRi each additionar bedroon, bathroomr or Half Bath of theResidence or Caretaker Unit as well as an Outbuilding bathroom orHalf Bath (as hereinafter defined) shall egual two-tinths (o.2)EQR. The addition of bedrooms and/or bathJ with a service'demandof less than one-half (.5) EeR shal1 reguire the parnent of one-half (.5) EQR, and EQRs must be purchased in half oi whole numberincrements provided that, partiar EeRs required to serve aResidence, caretaker unit and/or outbuirding nay be aggregated
1a- LL-
together and with any pre-existing EeRs of the associatedResidence for purposes of determi;ing service ."q"ii"rentshereunder. For purposes hereof, the term rCaretiker Unitil shallmean a dwelling unit, located on the lot or parcel containing th"Residence, whether attached to or detached tiom a Residence risedby the faniry_inhabiting the Residence, such fanilyrs guestsemployees, and/or tenants and containing no more tLan one bedroomand no more than one bathroom or HaIf gith. For purposes hereof,the term ttHalf-Bath' sharr mean a toiret and wash-uaiin and anroutbuildingtr shall mean a non-dwelling unit associated with, butdetached from a Residence or Caretaker Unit.
Ranch tap
( $7 , SOOl
13b. Payment of Tap Fees. Developer shallfees egual to Seven Thousand Five-Hundredper EQR. Developer agrees to pay or cause
pay to theDollarsto be paidthe tap fees as follons:
- (1) $75,000, representing 10 EeRs, by thelater of 30 days after receipt Ly oeveloler or -notirication
that approval has been obtained of tne Site Application forthe rmprovement project as provided in section- ra 1u; or Lzodays after the date of this Agreement.
(21 $601000, representing 8 EeRs, on orbefore the commencement of construction of tne ImprovementProject. At Developer's election, palments under subsections(1) and (2) may be praced in escrow witn Arpine Bankpursuant to escrow instructions providing for disbursementof such palauents to the Ranch solely for design, engineeringand construction of the Improvement Project al auth6rized bfMclaughlin; provided that, sueh escrow instructions shall bLprepared at the cost of Developer and agreed to in advanceby the Ranch and all costs and fees of ttre escrow agent andthe escro$, shall be borne by Developer. Approval oi anysuch escrow ag:reement by the Ranch shall nol Ue unreasonablywithheld or delayed. The escrow agreement nay provide thatthe escrowed funds shall be placed in an inteie-st-bearingaccount with interest earned to be paid to Deveroper
(3) $7,500 for each additional EeR (not toexceed 17 additional EQRs in the aggregate) on or before thedate upon which the service for "uctr n6n is requested byDeveloper.
Developer acknowledges and agrees that oncemade, the payurents under subsections (1), til and (3) aboveshaIl be deemed ful1y earned by the Ranch and shali irot berefundable under any circumstances, except if this Agreementdoes not become effective for failure to satisfy theconditions precedent set forth in Sections 14a. and b or is
l4- 1J-
terminated.as provided in the rast paragraph of section rb.or as provided in Section 2c.
credit Acrainst Tap Fees. The parties previousryentered into a sewer service Agreement, dated oclober 31, Lgg6,(t'Prior fgreenent') which terminated because of the inaritity 6tthe Ranch to obtain, at that time, certain approvals of owneiswithin the Ranch which were a condition to tLL effectiveness ofthe Prior Agreement. subseguent to termination of the prior
Agreement, Developer incurred costs of approxinatery g2orooo indesign and pursuit of pernits and agreenents necessiry for'theconstruction of a wastewater treatment plant on the DLve1operProperty. Ranch hereby agrees to purchase such information andstudies in exchange for a credit to peveloper against tap feespayabre hereunder equal to the actuar out-of-pocket costs andexpenses incurred by Developer for such purpoles during theperiod from December 10, 199G through November 20, Lggl up to,but not exceeding $2or0oo. The actual total amount of thL creditshal} be the amount shciwn on the itemization of such costs andexpenses attached as Exhibit D. The credit shalr be given byreducing the tap fee per EeR for the 1lth through the 2oth genspurchased hereunder by 1/1oth of the totar anount shown onExhibit D.
I 13c. Time Limits. for Purchase and connection of Tans.TheRanchagreesthatthe$z,sooperEQRtapfeeffifuII force and effect for a period of five (s) years commencingron the date hereof. After the expiration of such s-year period,(i) the Ranch sha1l have no obligation to provide any unpurchasedtaps to Developer, and (ii) service for additional nens snatt Uedetermined by the Ranch in its discretion. Any taps purchasedhereunder must be connected and put into servile by olcember 31,20L0. Thereafter, the Ranch will have no obligation to allowconnection ofr or to provide Serrer Service for, taps not put intoservice by such date or to provide additional taps-e*cept-to theextent of then existing unused and uncornmitted availabllcapacity.
13d. Service Charqes. The Developer shalI pay servicecharges in accordance with the Rules and Regulations pronufgatedby the Ranch from tine to time; provided that the service chargesper EQR payable by Developer shall be determined in accordancewith the following formula:
operation, naintenance and repair ofdivided by the total number of EeRssewer system x 1.25 = service chargeon the Developer Property.
For purposes of determining service charges, the costs of theImprovement Project and capitaf Costs, ai hereinafter defined.,
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Aggregate cost ofthe sewer system
connected to theper EQR connected
sha1l not be included and costs for insurance and such otheritems as are customary and necessary to the continued operationof the sewer system shall be included, including costs incurredin good faith which night be found to be avoidable or excessive.Costs of service or other fees or charges in the future to
Developer shall be based on actual costs and experience inoperating, maintaining and repairing the Ranch,s serrer system.
Except as otherwise provided herein, no additional charges foroperation, maintenance, etc. of the Ranch,s sewer system shall bepayable by Developer.
13e. Capital Costs. For purposes of this Agreenent,the term rrCapital Costsrr shall mean and include costs and
expenses of whatsoever kind or nature suffered or incurred inconnection with installing or replacing common Facilities andmajor or extraordinary expenditures for repair and maintenance of
Common Facilities, except that the costs of the InprovenentProject shall not be included. The term rrCommon Facilitiesrrshall mean and include all portions of the Ranch,s sewer system
on the Ranch Property, including without limitation the
wastewater treatment plant, aII mains, Iift stations and otherfacilities and appurtenances, but excluding service lines toprovide service to individual users, and excluding facilities*hich never handle or treat sevrage from the Developer Property,
and excluding the Connecting Main. Developer hereby covenants
and agrees to pay to the Ranch the Developer,s Share of Capital
Costs for Common Facilities. Developer's Share of Capital Costssha1l be due and payable within a reasonable time after receiptof a written billing from the Ranch. rrDeveloper's Share ofCapital Costsrr sha1l be the proportion which the number of EQRs
on the Developer Property for which tap fees have been paid,
whether or not the EQRs have been connected, is of the total
number of EQRs connected to the Ranch sewer system.
13f. EORs Attributable to Ranch Property. Developer
acknowledges and agrees that, under the Ranch,s governing
documents, assessments of dwelling units are equal and therefore
each dwelling unit now or hereafter existing on the RanchProperty (whether the same is a condominium, townhome or detached
residence) will be deemed to equal one EQR for all purposes, inperpetuity. Developer further acknowledges and agrees that the
Ranch shall be entitled, in its sole and absolute discretion, to
determine the number of EQRs to be charged and/or allocated to
commercial users of the Ranch's selrer system.
14. Conditions Precedent to Continuinq Effectivenessof Aqreement. The following shall constitute conditionsprecedent to the Ranch's obligation to perform hereunder:
14a. Financing Availabilitv. The Ranch obtaining a
substantially unconditional loan commitment, on terms
MlSCiST?71.J\991. J280
-15-
satisfactory to the Ranch, for financing up tocosts of the Improvement Project other than thecredits under Section 13b) payable by Developer
$ooo,ooo to cover
$135, OOO (Iess
Sections 13b (1) and (2) ('rFinancing Conditionrr)date for satisfaction of the Financing Condition15,1998.
as tap fees under. The targetshall be March
14b. Obtaininq Pernits. The obtaining by the Ranch ofaII necessary pernits, Iicenses and approvals from all applicablegovernmental entities and/or regulatory agencies. The target datefor obtaining approval of the Site Application for the ImprovementProject and for obtaining any other pernits, licenses and approvalsrequired before co{unencement of construction of the ImprovementProject shall be August 15, 1998.
14c. Condition Satisfaction Dates. If conditions setforth in subparagraphs 14a and 14b are not satisfied by the targetdates set forth therein, this Agreement may be terninated by eitherparty by written notice to the other party given before therelevant condition is satisfied, in which case any palments byDeveloper of tap fees under Section 13 above shall be refunded toDeveloper and both parties shall be released from any furtherobligations
hereunder.
15. Reuse Water. AIl wastewater resulting fron the SewerService provided to the Developer Property shall be returned to theRoaring Fork River basin at the Ranchrs wastewater treatmentdischarge point.
16. Desiqn, Engineerincr and Construction Claims. In theevent of any negligence, default, oE other defalcation by anydesigner, engineer, contractor or subcontractor retained by eitherthe Ranch and/or the Developer in connection with the fmprovementProject and/or the Developer Collection System, each of the Ranch
and the Developer shall have, and they hereby retain, the right toproceed against such designer, engineer, contractor orsubcontractor. The Ranch and the Developer hereby waive anddisclaim any rights to proceed against the other on account of thenegligence, default or defalcation of any such designer, engineer,contractor or subcontractor.
L7. Notices. All notices, demands, reguests or other
communications to be sent by one party to the other hereunder orrequired by law shall be in writing and shall be deemed to have
been validly given or served by delivery of same in person to theaddressee or by courier delivery via Federal Express or othernationally recognized overnight air courier service or bydepositing same in the United States nail, postage prepaid, or byfacsimile transmission, addressed as follows:
-1G
To Ranch: Ranch at RoaringAssociation, fnc.
14913 State Highway 82Carbondale CO 8L623Facsiroile No . 970-963-9243
Fork Homeolrners
with copy to: Hardin Holmes, Esq.Ireland, Stapleton & pryor
L675 Broadway, 2600
Denver CO 90202Facsinile No. 303-628-2062
To DevelopeT: St. Finnbar Land Company* Jin MindlingMid-Valley Development Co.32 Buttonball Lane
Weston CT 06883Facsinile No. 2O3-227-9SL!
with copy to: Garfield & Hecht, p.C.
601 E. Hlman Avenue
Aspen CO 81611Facsinile No. 970-925-3008
. AI1 notices, demands and reguests shall be effective uponsuch .personar delivery or one (1) business day after reingdeposited with Federal Express or other nationaily recognizedovernight air courier service or three (3) businesi days afterdeposit in the united states nair or upon the d.ate of suchfacsimire transmission as required above] unless it is not abusiness day in which case i facsinile transmission shall beeffective on the next business day. By giving to the other partyhereto at least ten (10) days' written notice thereof in accoraancewith ttr.e Provisions hereof , the parties hereto shall have the rightfrom time to time to change their respective addresses andforfacsimile numbers.
18. Governinq Law. Thisand condition hereof shalI beapplicable laws of the State
Agreement and each term, covenant,governed by and construed under theof Colorado.
19. fnurement. This Agreement shall inure to the benefit ofand be binding upo! the parties hereto and their respective heirssuccessors and assigns; provided that the provisioni hereinaboveset forth establish the relationship between the Ranch andDeveloper's successors and assigns. This Agreement may not benodified or amended except in a writing executed by the- partieshereto.
-t7-
20. Commencement of Service. Subject to each of the terms,covenants and conditions hereof, the Ranch shall provide SewerService to the Devetoper Property as provided in this Agreement.
2L. Force Maieure. Any obligation of either party under this
Agreement which is delayed or not performed due to acts of God,strike, riotr oE weather, failure to obtain labor and materials ata reasonable cost, inability to gain governmental or regulatorylicenses, permits or approvals, or any other reason beyond thacontrol of the party, shall not constitute a default hereunder andsuch obligation shall be performed within a reasonable tine afterthe end of such cause for delay or non-perfornance.
22. Resolution of Disputes: Arbitration and Attornevrs Fees.If and to the extent any person or party (including individualproperty owners) has a complaint or dispute regarding theinterpretation of this Agreement or the provision of Sewer Serviceor the imposition and/or collection of fees, ratesr or chargeshereunder, such complaint or dispute sha1l first be addressed to,and heard by, the Ranchrs Board of Directors. Tf, and only if,after such hearing, the complaint or dispute has not beensatisfactorily resolved, the dissatisfied person or party shall beobligated to subnit the matter to binding arbitration before onearbitrator under the Comrnercial Rules of the American ArbitrationAssociation in Glenwood Springsr Colorado. If the arbitrator findsthat a party is entitled to relief available only through courtproceedings, such as foreclosure or injunctive relief, the party
may proceed in court for such relief based on the arbitratorrsdecisj-on which shaIl not be challenged. fn the event of anyarbitration or other proceeding to enforce the terms, conditions orprovisions hereof, the prevairing party in any, such arbitration orother proceeding sha1l be entitled to obtain as part of itsjudgment or award, its reasonable costs, including attorneyrs feesand costs.
23. Limitation on Liability. The Ranch, Developer, aDySuccessor Developer and the Developer Property Association, their
Boards of Directors, officers, agents, members and employees shal1not be liab1e to any person or party with respect to any matterarising in connection with this Agreement or the Sewer Service tobe provided hereunder except in the case of wilful disregard ofthis Agreement, recklessness, bad faith or malice, except thatDeveloper, a Successor Developer and the Developer property
Association shall be liable for palment of aII fees, charges andother monet,ary amounts payable hereunder, and the Ranch shaIl beentitled to pursue the remedies set forth in Sections L2.a. and b.above and except that either party shall be entitled, in anappropriate case, to injunctive relief. No person or party shall
be entitled to recover any punitive or conseguential damages in anyaction or proceeding arising under or in connection with this
Agreement.
_i8_
24. Entire Agreement. This Agreement and the Memorandum ofUnderstanding betveen th_e parties daled December 14, LggS (rrMOUr),constitute the entire understanding between the parties hereto withrespect to the. subject matter hereof and all other prior agreementsor understandings shall be deemed merged into this Agreement andthe Mou. This Agreement supersedes the tIoU to tha extent ofmatters covered herein.
25. Authority of parties. Developer is a coloradocorporation validly existing and in good standing under the 1aws ofthe State of Colorado. The Ranch is a colora-cto not for profiicorporation validly existing and in good standing under the laws ofthe state of colorado. Eaclr of the parties f,as the power andauthority to _own its properties and to carry on its, business asnow conducted, and, except to the extent pernitsr' licenses orapprovals are required as provided in Section faU. hereof, has allnecessary povrer and authority to execute, deliver and periorm thisAgreement and any other documents nade or given il connectiontherewith and to be bound thereby.
IN hIITNESS I{HEREOF, the parties hereto have executed thisAgreement as of the date first set forth above.
Attest:
By:fts
Attest:
RANCH AT ROARTNG FORK HoI'lEowNERs AssocrATroN, rNC., aColorado nonprofit corporation
By:Its:
corporationLAND COUPANY, a Colorado
Do
Mtsc18727t.4\9er 5.O20a
-19-
The foregoing instrument was acknowledged before me on this
--43 day of FebruarJz , _ r . 19{, by Char..les Hot tnway asPresi dent and by Ha rd j n Hol;nps asorfHomeownersAsradonon-profittorpo'itio''.-
STATE OF Cot orcrt^
COIJNTY OF,_____1;arf iet rl
My Cornmission Expires. 6 / lO /Ol
oF Co/orado
oF /,f/(h srlr .
this //The foregoing instrument _was aclgnowredqed before me on- day of - -ru?at/
= , Lss y, by JAnd /h;rz//,'ia -- - -- asand / by ecof st. Finnbar r,and@orado
)
)ss
)
)
)
)
t SEALI
STATE
COT'NTY
MY conrnission expires:
s acknowledgedlefore me on,bv@^,
as
of St. Finnbar tand Company, a Colorado
t{ycoilM6s'OilqP'8Es
-#V101
srArE oE Cotoralo
corr*rY oF /r/K,Yl
)
) ss.
waa
MY cotrrmi ssion expires:
-2{-J--
MYCOMUISSx]}I*ir,r"
4l7lgt
ttis /0
corporation.
E)CIIBIT rAr
A parcel of land situated in Lots 6, L2,1 3, and 1 9 of Section
31, Township 7 South, Range 87 West of the Sixth Principal
Meridian, Garfield County, Colorado. Said parcel being more
particularly described as follows:
Beginning at a rebar and cap marked L.S. 1 9598, whence the witness
corner to the northeast corner of said Section 31 bears
North 41o08 t O(tt East, 3203. 06 feet ithence South 11037'2'1tt West, 1 304.69 feet;
thence South 23o4O'2411 West, 80.58 feet;
thence South 36o04'45't I{est, 85.16 feet to the centerline of the
Roaring Fork River;
thence the following eight courses along said centerline of river:
1)
2)
3)
4)
s)
5)
7)
8)
North 650 57 ' 3 0 rr West , 567 .7 5 feet,
North 53 o59 t 48tt West , 3L9 ,32 feet,
North 56050'18n West, 2O3.39 feet,
North 75o33'zltt West, 272.52 feet,
North 84o25'2ott West, 257.22 feet,
North 87o4L'Lgrr West, 223.L9 feet,
North 88 o30 ' 35rr West, 346.L2 feet,
North 55 o59 t 25tt West , L20. 15 f eet;
thence leaving said centerline North 00o30t00tr West, 233.2O feet;
thence South 8Oo31'4orr Westt 499.O9 feet;
thence North 00 o 00 ' 33tt East , L273 .O9 feet;
thence North 89oL1' OTlt East t 47L.38 feet;
thence North 00o00tr18rr East, 262.L7 feet;
thence South 7 60 47 t 4ott East, 1038.73 feet;
thence South L3oLz'2Ott East, L20.00 feet;
thence South 81001'L7tt East, 285.92 feet;
thence South 4103Ot29tt East, 89.74 feeti
thence South 62o48t46't East, 375.98 feet;
thence South 77o44'52t1 East, 31 7.O9 feet;
thence South 72o4Lt32tt East, 1 35.34 feet to the point of
beginning.
Together with all of Grantor's right, title and interest
in and to a perpetual easement which is described as Parcel rrBrr in
the Agreement, Easement Grant and Mutual Release recorded October
22, 1986 in Book 697 al Page 616 under Reception No. 375658 in the
records of the Garfield County, Colorado Clerk and Recorder, except
that portion of said Parcel rrBtr u'|hich Grantor conveyed to Ralph L.
Braden by Warranty Deed recorded December 7, L987 in Book 725 at
Page 792 under Reception No. 388073 in said records.
M6C\8;?l:.4\i915 4280
DGIIBIT llBll
RANCH AT ROARING FORK
HOMEOWNERS ASSOCIATION, INC.
RTILES A}TD REGI'I,ATTONS
(sEwER SERVTCE)
SECTION 1 - GENERAL/EXPLANATORY II{ATERIAL
1.1 PIJRPOSE. The purpose of these Rules and Regrulations is toprovide for the orderly managenent, and operation of the sanitarysewer collection and treatment systen serving the Service Area aihereafter defined.
L.2 fNTENT OF CONSTRUCTfON. It is intended that these Ru1esand Regulations shall be liberally construed to effect the generalpurposes set forth herein, and that each and every part thereof isseparate and distinct frorn all other parts.
1.3 AII{ENDMENT. It is specifically acknowledged that the Ranchat Roaring Fork Homeowners Associati-on, rnc. (rHoAr) shalr retainthe power to amend these Rules and Regurations as it, deensappropriate, by action of the Board of Directors. Prior notice of
amendments shalr not be reguired to be provided by the HoA.
L.4 DEFINITIONS. Unless the context specifically indicatesotherwise, the meaning of terms used herein shall be as follows:
Board and Board of Directors shall mean the governing
body of the HoA.
B.O.D. (Denoting S-Day, 20 degrees centigrade Biochemical
Oxygen Denand) shaIl mean the amount of oxygen which isutilized in the aerobic decomposition of sewage underlaboratory procedures in accordance with the currentIStand.ard Methods for the Examination of l{ater and
Wastewater. rr
Collection System shall mean the Sewer Mains which areeither Common Facilities or Local Faciliti-es. portions
of the Collection Systen will be owned, operated,repaired, maintained and replaced by the HOA, but someportions of the Collection Systen which are Loca1Facilities may be orrned, operated, maintained, repairedand replaced by a Designated Intermediary as therepresentative of Owners served by such Local Facilitiesif so provided in a rrritten service contract with the
HOA.
Mrsc\8727!.4\0e! 5.0:88
Cornmon Facilities shall mean those facilities generally
serving the HOA's Service Area as a whole. Examples aretrunk sewers and sewage treatment, plants.
Designated Intermediary shall mean a Person designated in
these Rules and Regulations or in a contract as the party
to act as an internediary between the HOA and Ownerswithin designated part of the HOA,s Service Area and/drto be a representative of Owners in that designated area.Notices to Owners in an area with a DesignatedIntermediary need only be given to the Designated-fntermediary for that area and palments duerfrom Ownersin an area with a Designated Intermediary shall be madeby the Designated Intermediary for that area and, ingeneral, the HOA will not be expected or reguired to dealdirectly with Owners in an area with a DesignatedIntermediary. The Designated Intermediary for St.
Finnbar is the Developer of St. Finnbar or a successor
Developer of St. Finnbar until a property association isformed for St. Finnbar and, thereafter, will be theproperty association for St. Finnbar. A sinilar
arrangement will be applicable to Preshana and a similar
arrangement is applicable to the Commercial Parcel (as
defined in the Ranch Covenants) within the Ranch. The
HOA is the Designated fntermediary for Owners of nulti-fanily and condominium dwelling units within the Ranchfor all purposes other than for palment of sums, fees or
charges due hereunder.
Developer shall mean the person(s), firm, joint venture,partnership or corporation which is the owrrer of landwithin the Service Area and which seeks to have the landserved by the Ranch at Roaring Fork HomeownersAssociation, Inc.
Engineer shall mean the engineering firm, or dulyauthorized representative, designated by the HOA to acton its behalf in all engineering and related matters.
This iten includes an Inspector enployed by the Engineer.
EQR - This is an abbreviation for Eguivalent ResidentialUnit which is an average single-fanily detached residenceor the eguivalent, from a systens demand standpoint, as
more fully described in Section 5.2 hereof.
Sewer Main shall mean a sewer pipeline which is not a
Service Line and carrying sanitary sewaqe wastes only.
Service Line shall mean a sewer line serving either onebuilding or more than one building if such buildings
Mrscr072rt.a\ee1 5.o280
are on the same 1ot or parcel and under conmonownership, extending from the building drain to the
Sewer Main and shall include the tap into the Sewer
Main.
Sewage shall mean any liguid waste containing aninal orvegetable matter in suspension or solution fromresidences or courrnercial buildings.
Shall is mandatory; xuayrr is pernissive
St. Finnbar shall mean the area adjacent to the eastboundary of the Ranch and bounded on the south by the
Roaring Fork River, on the east by The Catherine Store
Road, on the north by Preshana and on the west by the
Ranch.
Suspended Solids shall mean the filterable solids
measured by concentration in one liter of Sewage.
Tap Fee shall mean the charge per EeR or portionthereof charged by the HOA for connection of a propertyto the HOArs sewer system. The current Tap Fee is
$7500.
User sha1l mean any Person actually discharging Sewageinto the sewer system.
SECTION 2 - OWNERSHIP AND OPERATTON OF FACTLTTTES
2.L RESPONSfBLE PARTIES. Unless otherwise agreed in awritten service contract, it is the HOA's responsibility tooperate and maintain all Common Facilities.
It is the Developer,s responsibility to finance, design, andconstruct all Local Facilities as defined herein. Such facilitiesshall be constructed in accordance with plans and specificat,ionsapproved by the HoA. The Developer shall pay the cost of all suchfacilities. After construction, the Owners served by the Loca1Facilities, or, if one exists, the Designated fntermediary, asrepresentative of the Owners, sha1l be responsible for theoperation, maintenance and replacement of alI Local Facilities.
It is the responsibility of the Owner or his builder to pay thecost of and construct all Service Lines. Such service facilitiesshall be constructed in accordance with plans and specifications
approved by The, HOA, and shaIl be subject to inspection by the
HOA prior to use. The individual owners shall be responsible forthe operating, maintenance, repair and replacement of all ServiceLines.
Miscl0727r .49er 5 0:8a -3-
2.2 LfUITATfoN oF LI.+BrLfTY OF HOA. It is expresslystipulated that no clain for damage shall be made against the HOAby reason of the following: Acts of God or the occurrence of anyevent or circunstance beyond the reasonable control of the HOA;blockage in the system causing the backup of effluent; damage
caused by rrsmokingrr of lines to deternine drainage connections to
HOA lines; breakage of Sewer Main lines by HOA personnell
inadequate sewer treatnent; interruption of sewer service and theconditions resulting therefrom; breaking of any collection orservice line, pipel valve, or meter by any employee of the HOA;shutting off or turning on of service; making of connections orextensionsl burst service lines and other facilities not owned bythe HOA; or for doing anything to the systems of the HOA deenednecessary by the Board of Directors or its agents. The HOA shall
have no responsibility for notification to any Persons of any ofthe foregoing conditions. Notwithstanding the precedingr sentence,the HOA shall make a reasonable attempt to notify the other
Designated fntermediaries whenever practicable. The HOA reservesthe right to discontinue temporarily service to any property atany time for any reason deemed necessary or appropriate by the
Board of Directors.
2.3 OWNERSHIP OF FACILITIES. AII existing and future CommonFacilities connected with and formingr an integral part of the
sewer system and accepted for operation and maintenance pursuantto these Ru1es and Regulations shall become and are the propertyof the HOA, unless any contract with an Owner, Developer orDesignated Intermediary provides otherwise. Said ownership will
remain valid whether the lines and treatment works areconstructed, financed, paid for, or otherwise acquired by the
HOA, or by other Persons.
Local Facilities shall be orrned by the owners' served bythe Local Facilities and, if one exists, sha1l be managed by theDesignated Intermediary on behalf of the Owners within the area
served by such Local Facilities.
That portion of all existing or future, Service Linesthat is connected with the sewer system, shall become and is theproperty of the Owner. This principle shall not be changed bythe fact that the HOA night construct, financer pay for, repair,maintain or otherwise affect the Service Line. The construction
and connection of any Service Line shall be done in conpliancewith these Rules and Regrulations. The Ownerrs owrrership of theService Line shaIl not entitle the Owner to make unauthorized
uses of the sewer system once the Service Line has been connectedto a Sewer Main. A11 uses of the Service Line or any
appurtenances thereto at any tine after the initial connection tothe sewer system shall be subject to these Rules and Regulations.
MISC1E72;: 4\S:i r 5.02d4 -4-
2.4 RfGHT OF ENTRY. The HOA, its agents, officers,
employees, or other Persons designated by the HOA sha1l beperrnitted to enter upon all properties for the purpose ofinspection, observati,on, measurement, sampling, and testing, in
accordance with the provisions of these Rules and Regrulations.
The granting of right of entry by the Owner and occupant is acondition to the provision of sewer service.
2.5 MODIFICATION, WAIVER AND SUSPENSION OF RIILES. The HOAshall have the sole authority tor oD a non-discriminatory basis,waive, suspend or modify these Ru1es and Regrulations. Any suchwaiver or suspension shall not be deemed an amendrnent of the
Rules and Regulations; nor will any such waiver or suspension be
deemed a continuing waiver or suspension.
SECTION 3 - CONDITIONS OF USE OF IITILITY SYSTEIITS
3.1 APPLICATfON FOR SERVICE. Subseguent to September
1996, applications for service or nodifications of service
be filed with the HOA on forms provided by the HOA and (i)
accompanied by the Tap Fee for initial service prior to any
action to connect to the system, or (ii) be accompanied byappropriate fees, if aDyr prior to any nodification of such
connection to or service by the system. Only upon authorized
approval of the application and receipt of any required fees rnay
a connection or nodified connection to or service by the systen
be made. Application approvals attach to the designated premises
only. They are not affected by changes in the ownerstrip of thelicensed premises and are usable only in accordance with the
terms of the approved application. Neither application approvalsnor the associated Tap Fees are transferable to other properties.
No taps wi}l be pernitted or made during non-business
hours without specific, written approval of the HoA.
A11 information reguested on the tap application form
must be completed, and a diagran of the tap location included.
Should any information of a material nature disclosed on theapplication prove at any time to be false, ot should the applicant
ornit any informatj.on, the HOA shall have the right to reassess the
Tap Fees originally charged at the rate current to the diseovery bythe HOA of the false or omitted infornation, and/or to disconnectthe service in guestion, and/or to back-charge the property inquestion for service fees that may be due and owing, and/or to
charge any other or additional fee or penalty specified in these
Rules and Regrulations, as anended. Any reassessment shall be due
and payable, together with any penalties or other additional fees
charged, and together with interest at the maximum legal rate onthe entire balance, upon and from the date of the original
application.
-5-
1,
must
be
the
3.2 DENIAL OF APPLTCATTON. The
deny application for service when, inservice applied for would exceed the
HOA sha1l have the right tothe opinion of the HOA, thecapacity of the facilities.
3.3 I,IOVED OR DESTROYED BUILDINGS. $lhen buildings are movedor destroyed, the original tap authorization shall terminate and nocredit shall be authorized for Tap Fees paid previously with
respect to said building.
3.4 CHANGE IN OWNER'S EOUIPII{ENT, SERVICE OR USE OF PROPERTY.
No change in the owner's equipment, service or use of property
served shall be made without prior notification to and approval by
the HOA. The HOA shalI have no obligation to provide service to any
Owner in excess of the EQRs which the HOA has expressly contractedto serve. Any change which increases the number of EQRs served bythe sewer systen will reguire palment of an additional Tap Fee or
Tap Fees. Any change which decreases the burden placed on the serrer
systen shall not result in a refund, rebate or reduction of any Tap
Fees or other fees previously paid
3.4.1 Any violation of Section 3.4 shall result in the
assessment of an unauthorized connection fee, as provided by
Section 3.5 of these Rules and Regrulations, and the HOA shall take
those steps authorized by these Rules and Regulations and Colorado
1aw regarding the collection of said fees.
3.4.2 If the HOA believes that any owner has changed the
eguipment, service, or use of their property in violation of thisSection, the HoA shal1 notify the owner (if within the Ranch) or
the Designated Internediary (if the owner is not within the
Ranch)of -tfre HOA's beliefr-and the HOA's intent to 'assess any
additional Tap Fees, service or unauthorized connection fees. Thenotice recipient sha1l be afforded thirty (30) days in which to
respond to the HOA's notice. Failure to respond as required hereinwithin the thirty (30) day period shall be deemed to establish the
HoA's belief concerning the nature and extent of the change, and
such additional Tap Fees, service and unauthorized connection fees
as are deemed appropriate by the HOA shall be assessed against theproperty in guestion and shall be collected as provided under these
Rules and Regulations and Colorado law. To defer the collection of
said fees, and as a prereguisite to the right to hearing asprovided for and described in Section 6 of these Rules and
Regulations, any response bye the Owner or applicable Designated
Intermediary must, in addition to being provided in the thirty (30)
days, include permission to make such inspection of the property in
questiOn as the HOA deems necessary to clearly establish the nature
of equipment, service and use of the property in question.
3.5 ITNAUTHORIZED CONNECTfONS AND FEES. No person shall be
allowed to connect onto the sewer systen or to enlarge or otherwise
change equipment, service or use of property without prior palanent
yrsc.8727l.t\99t 5 0288
-5.-
of Tap Fees, approval of apprication for service, and adequatesupervision and inspection of the taps by the HoA. Any suchconnection, enlargement, or change shall be deemed an, unauthorizedconnection. Upon the discovery of any unauthorized connections,the HoA r&Yr in its discretion assess the property an unauthorizedconnection fee in an amount not to exceed twice the then-currentTap Fees that would be due for such property. The HOA shall sendwritten notice to the owner of the property benefitted by suchconneetions stating that an unauthorized connection has been made
between the Owner's property and the sewer systen. The owner sha1lthen have thirty (30) days from the date of the notice to pay thethen-current Tap Fees. rf that fee is paid within the thirty (30)
day period, the unauthorized connection fee sha}l be waived by the
HoA. In the event the then-current Tap Fees are not paid within thethirty (30) day period or if the Tap would exceed the maximumallowable number pursuant to contractual or other limitations anotice of revocation of service shall be sent and service shall bedisconnected pursuant to section 3.G of these Rules andRegurations. once discontinued, service may be returned to theproperty only upon receipt by the HOA of both the unauthorizedconnection fee (if assessed) and the then-current Tap Fees, arnd,&ry, service charges or any other charges that nay. be due. The HoAalso reserves, such rights of foreclosure as Day, be provided bylaw and/or these Rules and Regulations for the collection of unpaidfees and charges of the HOA.
3.6 REVocATfON OF SERVfCE. Service may be revocable by the HOA
upon non-palment of any valid fees or charges owingr to the HOA orupon violation of these Rules and Regulations or the provisions ofany contract for service. In the event of non-palment or uponviolation of these Rules and Regulations or the provisions of anycontract for service, the Owner (if within the Ranch) or DesignatedIntermediary (if such orrner is not with the Ranch) shall be givennot less than thirty (30) days advance notice in writing of therevocation, which notice shall advise the Orrner or applicableDesignated Intermediary of its opportunity to be heard inaccordance with the provisions of these Rules and Regiulations orthe applicable contract for service.
If the non-palment or violation is not resolved within.the time prescribed, service to the property shall be revoked byblocking or disconnecting the appropriate line serving theproperty. The cost of disconnection or blockage shall be assessedto the Owner or applicable Designated Intermediary.
3.7 FAILITRE TO CONNECT. The Ownerrs right to connect to the
sewer system shal1 terninate and any Tap Fee paid shall be retainedby the HOA if the tap is not connected to the sewer systen within60 months of the palment of the Tap Fee, unless a contract forservice expressly provides otherwise.
-7-
SECTION 4 - SEWER SYSTEXI{S
4.1 I]NAUTHORTZED TAII(PERING WTTH SYSTEX,TS.
4.1.1 No unauthorized Person shall uncover, use, alter,disturbr or make any connection with, or opening onto, use, alter,or disturb the sewer system without first obtaining a writtenpermit from the HOA. Unauthorized uses of the sewer system include,but are not lirrited to, an unauthorized turn-on or turn-off of
sewer service, or a tampering or in any way modifying any facility,
even though the same may be perforned on a privately owned and
maintained Service Line.
4.L.2 No Person shall naliciously, willfully, or
negligently, break, danage, destroy, uncover, deface or tarnper with
any portion of the sewer systen.
4.L.3 Any Person who shall violate the provisions ofthis Section 4.1- shall be prosecuted to the fullrextent of Colorado
law.
4.L.4 Any Person violating any of the provisions of
these Ru1es and Regulations shall becone liable to the HOA for any
expense, Ioss or damage occasioned by reason of such violation, the
amount of which shall be a lien upon the violator's property or alien upon the property concerning which the violator was providing
services at the tine of the violation in guestion, whichever the
HOA deems appropriate.
4.2 UNAUTHORIZED USES. The sanitary sewer system is forthe disposal of water contaminated by biodegradable wastes. Noperson shall make connection of roof downspouts, exterior
foundation drains, areavray drains, surface drains, or other sourcesof surface runoff or groundwater to a building selrer or buildingdrain which in turn is connected directly or indirectly to the
sewer system. In order to protect the sewage system from damage,destruction, deterioration, misuse or malfunction and to gruard
against health hazards and the creation of public nuisance the
following regulations shall apply relative to the dischargre of
Sewage containing deleterious wastes,
4.2.L Septic Facilities. A septic facility may not be
utilized within the HOA Service Area unless a special perrnit is
obtained from the HOA.
4.2.2 Prohibited Wastes.
(a) Industrial Wastes. No Person or Persons shall
discharge or cause to be discharged any industrial waste
(defined as the Iiguid wastes from industrial processes,
M6C1a727r.4\e0! 6.O280 -8-
as distinguished from sanitary sewage) of any type intothe sewer system.
(b) Inflow/Infiltration. No Person or Persons sha1l'discharge or cause to be discharged into the seversystem, from trground surface, roof ladders, catch basins,or any other source, surface or sub-surface drainage orground water.
(c) Other Wastes. No Pejrson or Persons shall dischargeor cause to be discharged into the sewer system any ofthe following, except to the extent pernitted under theexpress provisions of a written contract for service orapproved application and upon the installation ofsuitable and approved, grease, sand, or oi1 interceptoror other pre-treatment facility:
(1) Industrial cooling water.
(2) Agricultural and livestock wastes.
(3) Unpolluted process waters.
(4) Bakery/restaurant wa.stes.
(5) Car washing wastes.
(5) Swi'nming Pool drainage.'
(7t Floor drainage from enclosed and covered. areas.
(8) Toxic or non-biodegradable waste.
(9) Any garbage that has not been properly shredded toless than 1/2-inch in the largest dimension.
(10) Any ashes, cinders, sand, nud, straw, shavings,metal, glass, rags, feathers, tar, plastic, wood, paunch manure, or
any other solid or viscous substance capable of causing obstructionto the flow in seerers or other interference with the proper andnormal operation of the sewage works.
(11) Any waters or wastes having ph lower than 5.0 orhigher than 9.0, or having any other corrosive or toxic propertycapable of causing damage or hazard t,o structures, equipment, orpersonnel of the sewage works.
(L2) Any water or wastes containing a toxic or poisonous
substance in sufficient guantity to injure or interfere with any
sewage treatnent process, constitute a hazard to humans, animals or
-9-
gases,
in the
fish, or create any hazard in the receiving waters of the sewagetreatment plant effluent.
(13) Any waters or wastes containing suspended solids ofsuch character and guantity that unusual attention or expense isrequired to handle such materials at the sewage treatmenC plant.
Solids.
(14) Any noxious substances or malodorous waste, waters,or substance capabre of creating a pubric nuisance, eithersewer system or at the sewage treatment plant.
(15) A S-day B.O.D. concentration greater than 300 ppn.
(16) A concentration of more than 3OO ppn of Suspended
(17) Concentrated wastessanitary devices.from septic tanks and portable
(18) A peak flow rate greater than 5 times the averageflow rate
- (19) Any chemicals having a 24-hour proportionatecomposite sample concentration at the point of discharge in excessof the following:
Cadnium 0.10 ng/IChromium 5. O mg/LCopper 3. O mg/LCyanides 2.O mqlJ-rron 15.0 mg/IPhenol 1O.O ng/I
HzS (HydrogenSulfide) 1.0 mg/Lzinc 2.o rrd/L
(2O) Recreational vehicle-produced wastes.
. (21) Any wastes produced other than in a dwelling unit orcommercial building within the Service Area.
4-2-3 sump Punp and other rrlegar Devices. No plunbingfixture, device, construction or plumbing system shall be installedwithin any building or improvement whictr will provide a connectionbetween the sewer system, directly or indirectly, or with a sewerService Line for the purpose of draining ground-or surface watersinto the sewer system , and no physicar connections shaIl bepernitted whereby[?] a Sewer Service Line is connected to a sumppump or other facility in such a manner that through themanipulation of valves or because of, Iack of back pressure valves,or because of any other arrangement it is poss5-ble to drain flood,overflow, drain, storm, or groundwater directry or indirectly into
-10-
the sewer system. Any Person having connected, or pernitting to beconnected such a forbidden system to any Cornnon Facilities, l,oca1Facilities, collection system, service Line or any seter Main maybe summarily ordered to disconnect such forbidden device or pumpingsystem. at his cost, and upon fairure to do Sor the nba -nay
forthwith disconnect any Service Line from the property containingsuch a forbidden device or pumping system at the sewer ilain, thecost of which sha1l be a lien and charge against the propertyinvolved. No Service Line shaIl thereafter be connected to thesewer system without palment of all applicable fees to the HoA,costs and expenses of the HOA relative thereto, and positive proofthat such inproper and illegal connection or device has been
removed and will not thereafter be reconnected to the sehrer system.
4.2.4 Construction and Cleaning of Grease. Oil and SandTraps) Grease, oil and sand interceptors shall be provided at thesole cost and expense of the Orrner when, in the opinion of the110A[?], they are necessary for the proper handling of liquidwastes containing greases, oiI, etc., in excessive amounts, or anyflammable wastes, sand or other harnful ingredient. A11interceptors shall be located as to be readily available andaccessible for cleaning and inspection. Grease and oil interceptorsshall be in an accessible location for maintenance and inspectionand shall be constructed of impervious materials capable ofwithstanding abrupt and extreme changes in temperature. They shaIl
be watertight, and, if necessary as determined by the HOA, gastightand vented. Where installed, aII grease and oil and sandinterceptors sha1l be maintained by the Owner at his expense, incontinually efficient operation at all times. The HoA reguires amonthly or periodic cleaning and pumping of any grease traps asapproved by the HOA. Periodic inspections may be made of sand andgrease traps and interceptors and in the event the Owner is inviolation of these Rules and Regulations, the Orsner shall be heldaccountable as set forth in these Rules and Regulations. The chargefor these inspections to the Owner shall be a direct pass-on of the
expense to the HoA and shall be billed directly by the HoA for allcosts i.ncurred by the HOA in inspecting the property.
4.2.5 Swirnming Pools. No public or private swimming poolshalI be connected to the sewer system.
4.3 RESPONSIBILTTIES OF'THE OWNER
4.3.1 Sewer Service Line Maintenance. Each Owner sha1lbe responsible for maintaining his Service Lines. Infiltrationleaks or breaks in the Service Lines shall be repaired by the Ownerwithin 72 hours from the tine of notification of such condition bythe HoA. If satisfactory progress toward repairing The leak hasnot been made by the tiure specified, the HOA shall have theauthority to repair t et have repaired, the lines and shall chargethe Owner all resulting costs thereof. The HOA shall be entitled
-LL-
a)
toof
4.4
place a lien against the property of such Owner securing palnmentsuch costs.
, ENFORCEMENT.
a. The HOA shall have the right to revoke service to anyproperty for violations of these Rules and Regrulations inaccordance with the procedures set forth in these Rulesand Regrulations.
b. Whenever a discharge of Sewage or the operation of agrease interceptor or sand or oil trap is in violation ofthe provisions of these Ru1es and Regulations orotherwise causes or threatens to cause a condition ofcontamination, pollution'or nuisance, the HOA will issuea 72 hours, written notice to correct the practice. Ifthe practice is not corrected'within such tine, the HOA
. may notify the State Hea1th Department and effectdisconnection of the Service Line from the sewer system,until such tine as the HOA has received adeguate
assurances that any and all violations of the HOArs Rulesand Regulations will cease and will not occur in thefuture. In addition, all of the costs of theaforementioned proceedings shall be charged against theproperty and, until paid shall constitute a perpetuallien against the property.
When a discharge of wastes causes an obstruction, damageor any other inpairment to the sewer systen, the HOA nayassess a charge against the Olrner for the work requiredto clean or repair the facility and add such charge tothe Owner,s (or if applicable, such Ownerrs DesignatedIntermediaryrs) sewer service charge, and the HOA shall
have such remedies for the collection of such costs as ithas for the collection of sewer service charges which,until paid, shall constitute a perpetual lien against theproperty.
d. In order to effect its porrers, the HOA nay enter uponprivate property for the purpose of inspect,ion and
maintenance of sanitary and waste disposal facilities and
rnay terminate service to property in which a violation ofany of these Rules and Regrulations is found to exist.
In order to secure the palment and performance of theobligations of Owners, Designated fntermediaries, andUsers hereunder, each Owner, Designated Intermediary andUserr oD behalf of itself and its heirs, successors andassigns hereby grants to the HOA and its successors andassigns a perpetual lien upon its property. Suchperpetual lien shall run with such property and shall be
MEC18727I.inAe i t.O288
-L2-
binding lpon and enforceable against each owner,Designated Intermediary and User ind each and all oitheir respective heirs, successors and assigns. afternotice to a_ny such Owner, Designated Intermediiry or Useiand. a 3o-day right of cure by the appricabrL owner,Designated Intermediary or User-, the perpetual lien maybe foreclosed and/or exeeuted or realiied-upon by the Hoias a mortgage, or by any other means authorized under theapplicabre raws of the state of cororado. such rienshall be prior and superior to any other rien orencumbrance upon the applicabre property, excepting onrythe lien for ad valorem real properly tiies anh trr6 rieiof any first nortgage or first aeed of trust on theapplicable property taken in good faith and for value andperfected by recording in the office of the clerk andrecorder of Garfield county, colorado, prior to the tineof recording by or on behalf of the Hba of a specificnotice of lien c1aim.
SECTION 5 - RATES AND CHARGES
5.1 GENERAL. The HoA has established Tap Fees and a uechanismfor determining service charges. These feeJ may be increased. ordecreased by the HOA at any time without notice.-
5.2 EOUIVATENT RESIDENTIAL I,NIT (EoR) scHEDI,LEs. FoT thesetting of Tap Fees, the HOA has io establishEguivalent Residential Unit Schedules. The basis for theseSchedules is an average detached single-fanily residence, or itseguivalent The Schedules are given in- appenaif a attached hereto.
5. 3 SEWER S:ERWCE CHARGES. Sewer system operating revenuesa|e primarily derived from sewer service chargeis. sewelr servj.cecharges shall be bilred and payable on a peritaic basis, in anamount determined by the HOA from time to tine based on the HoArsestimate of revenues necessary to operate the system. The Hoashall do an annual reconciliation and make appropriate adjustmentsregarding the service charges paid or to Ue p-aia by each owner andDesignated Internediary.
5-4 PENALTY F=oR r,ATE pAyl.IENT. At any tine the ovner or, ifapplicable, the Designated Intermediary is Lwenty (2o) days overduein palment of any charges due the HoA, tfre uoa =fiaif have-the riqhtto assess a late charge of Ten Dollars ($1o.oo1 and an inter6stcharge at a rate of one percent (1 *) per month on the unpaidbalance.
The HOA has the right to assess to any OwnerDesignated; fnternediary who is overdue in palment ofaccount, all legaI, court, disconnection, blockage
or
his
and
Mlsc\8727t.4\9er 6.o2aa
-13-
other costs necessary to or incidental to the collectionof said account.
s.5 PENALTTES FoR FoREcLqSUBE-ERocEEprNGs. rf at any tine itbecomesnecesSaryfortheHoA,ro@oco1IecLoverdue
paynents of any fee or charge assessed by the HoA under these Rules?nl Begulations or otherwise to enforcd the provisions hereof, toinitiate foreclosure proceedings, the HoA shall in each such caseassess a foreclosure fee against the subject property in an amountegual to the attorneys' fees and other-costs of thL foreclosureproceedings. Pllment of said foreclosure fee and any and all otherfees. outstanding against . the subject property- sharr be aprecondition to ttre fesunption of r"i1i"" to that property.
sEcrroN 6 - coMPr,ArNT RESOLUTTON At{D AppEAL,pRocEDrrRES
6.1 APPLrcATroN. The compraint resolution and appealprocedures established by this section sharr apply to arIcompraints c-oncerning the interpretation, appr'i'cilion, -;;
enforcement of the Rules and Regulations of the Hbi, as they nowexist or may hereafter be amended.
6.2 INTTIAL COMPLAfNT RESOLUTION. Complaints concernj.ng theinterpr9tation,app1icati@cementoftheRuIesand'
Regurations of the HoA must be presented in writing to the HoA.U5lon receipt of a complaintt ".heiring officer may be-aesignatea fythe HoA to hear and investigate the conplaint. After a full andcomplete review of the allegations contained in the complaint, ah;hearing officer sharl tire such action anaToi make suchdetermination as may be warranted and shall notify the complainantof the action or deternination bye mail within itrirty fiol daysafter receipt of the complaint.
!:3 APF.EAL$. To rHE BOARD. rn the event the cornprainantdisagrees with the determination of the hearing offider, trr"conplainant may, within fifteen (1?) days from the -clate
"t r"ifi"gof such determ_ination, file with the HoA a written request for aiappeal thereof to the Board of Directors. (ff no s-uctr freaiinjoff icer was appginted, the conplaint shalr be heard in iG- ";ai;;6by the Board o{ _Qilectors). The reguest for an appeal shall setforth- en}!h speci.f icity the facts upon which the conllainant reliesand shall contain a brief statenent of the complainantrs reasonsfor the appeal. The Board shall consider the codplainantrs writtenreguest at the_ next regrularly scheduled meeting- held not earlierthan ten (10) days after the filing of the compliinants request forappeal- such considerations shall be linited exclusivi1y to areview of the complainant's rritten request for app"it. No furtherevidence shall -be presented by any paity to the'ippear and Thereshall be no right to a hearing de novo before- the Board ofDirectors.
M1568727l -/n00! 6.O284 -t4-
6.4 9o4BD's FTNDTNGS. The Board of Directors sharl makewritten findings concerning the .disposition, oi the appealpresented t'o it and shall cause notice of tne decision to be- sentby eertified mail to the complainant within thirty (3o) days aftert!..hearing.. The Board of Directors will not reverse the decisionof the hearing officer unless it appears that such decision rrrasc-ontrary
- to the manifest weight of the evidence made available tothe hearing officer.
5.5 ABBrrBATroN. Tf, and gnry if, after a hearing by theBoard of Directors, the complaint- has not been satisfact'orilyresolved, the complainant shall be obligated to subrnit the natteito binding arbitration before one arbitiator under the conmercialrules of the American Arbitration Association in Glenwood Springs;colorado. rf the arbitrator finds that a party is enti€rea -t6
relief availalle. onry through court piocedaings, such asforeclosure or injunctive relief, the partyhay proceld in court toobtain such relief based on the arbitrltor-rs ai6ision, which =tt"iinot be challenged.
SECTTON 7 - SPECIFIC SERVTCE CONTRACTS
7.L coNFLfcTs. I and to the extent the terms of these Rulesand Reg"ulations are inconsistent or in conflict vith the expressprovisions of a written service contract between'the HoA and anowner or Designated Intermediary or to the extent the expressprovisions of such written servicL contract are more specific'withregard to any particular matter, the express provisilns of suchwritten service contract shalr supersede and be controrring ;v;;the terms of these Rules and Regrulations. one such servicecontract is the Sewer Service Agreenent dated1996, between the HOA and St. Finnbar Land Conpanil
Mrsc\8727r.4\0gt 5.0288
-15-
2. Single fanily residential units
HOA with up to three (3) bedrooms and two (2)Baths
3. Caretaker Unit not annexed into the HoA
APPENDTX A
EQUTVALENT RESIDENTIAI rrNrT (EAR) SCHEDTTLE
SEWER T'TILTTIES
Class of User enn
RESIDENETAL CI,ASSTFICATTONS
1. lingle fauily residentiar units within the propertyannexed into the HoA (whether condominium, townhome or aetlchedresidence and regardless of number of batirrooms, bedrooms, HaIfBaths, Caretaker Units or Outbuildings) 1.0
not annexed into the
bathrooms or HaIf
1..0
0.4
4, Each additionar bedroom, bathroon or Harf Bath notannexed into the HOA
Qualifications and Definitions. The addition of bedroomsand/or baths with a service demand of less than one-harf (.5) EeRsha1l be alrocated one-half (.s) EeR and Tap Fees for EeRs-nust bepaid for in one-half or whole number incrLnents; provided that,partial EQRs required to serve a residence, CaretakLr Unit and/oroutbuilding may be aggregated with the EQRs of the associatedresidence. rrCaretaker Unittt shalI mean a dwelling unit, located onthe lot or parcel containing a primary residence, whether attachedto or detached from such residence and used by the faniryinhabiting such re-si.dence, such fanilyrs guests, entrioyees and/oitenants and containing no more than one (1) bedrooh ind no morethan one (1) bathroom or Half Bath. rrHalf Bath,r shall mean a toiletand wash basin. 'routbuirding, shall mean a non-dwelling unitassociated with, but, detached from, a residence or Caretakef Unit.
CO},IMERCTAT CI,ASSIFICATION
Ito be established as necessary]
OTHER CI,ASSTFTCATIONS
Eguivalents shaIl be established onan individual basis for all usersother than those identified inClassifications A and B.
MGIIBIT Cto
SEWER SERVICE AGREEX.{ENT(St. Finnbar property)
section 9._5(e) of Articre rrX water and sewer service, ofthe second Amended Declaration of covenants, conditions,Limitations, Restrictions, Reservations,lrmLEaElons, ResErLctions, Reservations, , Liens andcharges for the Ranch at Roaring Fork shalr be amended toread as follows:
(e) To other users outside the project but withinproperty adjacent to the Ranqh pursua-nt to a servicecontract between the Association and any such users or anentity acting on behalf of such usersr- said. contract tobe approved by a najority vote of the Board of theAssociation. No water or serrer service may be providedto such users outside the project which exceeds thecapacity of the Associationrs waier and sewer facilitiesincluding any exlransion thereof. Any such servicecontract, shall reguire thq users, it a rninimum, to payall costs of constructing, installing, operating,maintaining, repairing and replacing racifities] whetherinsider or outside the project, deslgned solery to servesuch users; to pay ? fair share of the value oi existingor expanded facilities designed to serve both such usersand other users in or outside the projectr- and to pay afair share of the costs thereafter of construciii-rg,installing, operating, maintaining, repairing andreplacing facirities designed to seive both such- usersand other users in or outside the project. The fairshare of costs or value to be paid uy suih users outsidethe Project shall be deternined by the Board of the,Association in its discretion but sulrr, at a ninimun, beat least egual to the proportion which the units or EeRsattributabre to such outside users is to the totat or iheunits or EQRs served by the jointly used facilities. rnno event shalr the Association server oF hord itserf outas se_rving or r.eady to serve alr nenbers of the public,or take any action which will cause the Association to beclassified as a pubric utility under the laws of theState of Colorado.
FEB-1i-sg 1,4ts.4
,. _.1
Date:
To:
Fax #:
From:
Project:
Job #:
LISTON HOUSE ENTP LDP
MEMO
2111198
Ranch at Roaring Fork
Ron Liston
St. Finnbar Farm
8941
TELz9-1?I9,45F.AE,6 PtZe
fiUIB'T D
LAND DESTGN PA^\.TNEB!HrP
gf i*p"tt*nu", Glenwood Springe, C-O 8'1601-' - - --'gZO-
s45'i2246. / Fax 970-94il066
Number of sheets transmitted including this cover eheet:
Foflowing is a sumrnary of the consultant erpenses incurred during 1gg7 in st' Finnbar
Land company,. "troJ.
to achieve ilffi:f"i * "rt
r*te wastJurater treatnrent plant
site and tne estaui..iment of
"n
ao'lniti'"tive authority to manage the proPosed
facility. Trris sumril; J;;; r; incruaeine legal "'p"nitt
incurred in pursuit of the
wastewater treatrnent Plant'
Land DeEign PartncrshiP
Zancanella & Associates
equatic and Wetland Consultents
High Gountry Engineering' lnc'
$1 1.1 5a.25
$14,308.38
$ 3,032.13
$ 4,316.79
$32,807.55TOTAL
Monthly summaries will be provided under ssparatc cover'
FEB-A6-1998 13.21 DIU IJFTER RESOURCES 3a3 855 3s8s P.62r;-----
STArE OF COLOTUDO
OFFICE OF THE STATE ENOTNEER
Division of Water Resources
Depanment of Natural Resources
1313 Sherman Skee!, Room g1g
Denvs, Colorado 60201
Phone (303) 665-358,
FAx (303) 866-3589
February 2, 1998 UOt l.j-f y James s. rochrrcad
Erecutile Dircoor
Hal D.Simpson
Serte €ngrnoer
Ql++trr n
Eric McCatrerty
Garfield County Building and planning
109 th St Ste 303
Glenwood Springs CO 91601
Re; St. Finnbar Farm Subdivision
S%NW% & N%SW% Sec. 91, T7S, R8ZVV, 6TH pM
W. Division S, W. Disfict 38
Dear Mr. McCafferty:
We have reviewed the above referenced proposal to subdivide a parcelof approxirnately g5.6 acres into14 lots ranging from two to thirteen acres in size, wiffr one single family oti"iring on 6ich lot plu's up to tenaccessory-dwelling qnits -
lnigation of 8300 sq. ft. of lawn and-garden
-and
trre iatering of four liveitock unit isproposed for each of the fourteen lots- The applicant proposeJ to provide water throuin inOiviouiion lot wellspursuant to individual lot specific contracts with the Basati Water ionservan"ioistrictitne oisrictl. ind toeventually include the wells in the Districf'3 augmentation plan- A copy of one such contract was provided.Sewage disposal is proposed to be provided tirough a centrat system via the Ranch at Roaring Fork.
A review of our records revealed that well permit nos. 41581-F through 41sgg-F were issued to the st.Finnbar Land company for lots one through nine, based on District contractJ. These permita eipiiea onSeptember 9, 1993, and are of no force ano effect. Although new well permits for thL'aie, In"vb" available ifthe wells are included in the District's temporary substitute-supply plan, no srb."qr"nt well permit applicationshave been submitted for review by this office, and ther" is no guirantee that permits can be issued.Furthermore, the contract provided for lot 1 was incomplete ipig. a il;ffii; ana no contracts were providedfor the remaining lots.
A report from Zancanella and Associates, lnc., included with the submittal indicates that the RoaringFork Alluvium is approximately 40 feet thick in the suoleci Zr.a,and that water should be easily obtainable.our records indicate that two wells completed in the nearby Ries Exemption in 1gg3 and 1gg7 were able toobtain groduction rates of 15 gallons per minute
Based on the aqoyg'. it is our opinion, pursuant to section 3o-2g-136(1xhxl), that the proposed watersupply will cause material injury to decreed waterrights. tf you or the appricint nlJini qr."t,toni concemingthis matter, please contact craig Lis of this office folassistance.
Sincerely,
\-j- \ \ - ^r,\j(urc- \AL%
Steve Lautenschlager
Assistrant State Engineer
SPUCMUst finnbar.doc
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner, District 3g
TOTRL P.02