HomeMy WebLinkAbout2.0 Director DeterminationSeptember 16, 2013
Dwight Juhl
1487 CR 117
Glenwood Springs, CO 81601
Dwight@amsbasalt.com
Garfield County
Community Development
108 8th Street, Suite 40 I, Glenwood Springs, CO 8160 I
Office: 970-945-8212 Fax: 970-384-3470
DIRECTOR DETERMINATION -Morton Juhl Minor Subdivision
Garfield County File Number MISA7583
Dear Dwight,
This letter is provided to you, as the authorized representative of the application for a
minor subdivision of property located at 1761 and 1501 CR 117. The request to
subdivide the 5. 72-acre site into two parcels has been reviewed and the Director hereby
issues a determination conditionally approving the request. The conditions of approval
are as follows:
1. That all representations made by the Applicant in the application,
correspondence, and meetings with county staff, shall be considered
conditions of approval unless otherwise amended or changed by the Director.
2. The Applicant has 90 days from the date of this decision, until December 16,
2013, to satisfy all conditions of approval and to submit a signed mylar
compliant with this approval. The signatures required on the submitted mylar
include the owners (notarized), mortgagee, title company, surveyor, and
treasurer.
3. Prior to the signing of the Minor Subdivision plat, the following amendments
are required:
A. All easements necessary for provision of utilities shall be described on the
plat.
B. The plat shall be amended as itemized in the staff review letter dated
August 27th and attached as Exhibit N, with the exception of Items 8 and
9.
C. A note must be on the plat regarding the second driveway which will be
utilized solely for emergency access.
D. A note must be on the plat that The two wells located within this
Morton Juhl Minor Subdivision
September 16, 2013
·subdivision are subject to a contract for Water Augmentation that must be
maintained for the life of the two wells.'
4. Prior to the signing of the Minor Subdivision plat the Applicant shall submit an
inventory of County listed Noxious Weeds and a Weed Management Plan for
the site which shall be reviewed and determined sufficient by the County
Vegetation Manager.
5. Prior to the signing of the plat the Applicant shall provide proof that a contact
for water augmentation has been executed and is in place to satisfy the
requirement of the Division of Water Resources to mitigate a finding of
"Material Injury". This plan shall be required to be maintained for the life of
the wells on the parcels and shall be compliant with Division of Water
Resources requirements.
6. Prior to signing of the plat the Applicant must submit all required
documentation for the required Boundary Line Adjustment (BLA) so that all
documentation may be recorded in the correct order at concurrent times.
Notice of this decision will be provided to the Board of County Commissioners who has
the ability to 'call-up' the application for review at a public hearing. You will be notified
of the Board decision once it is received or upon expiration of the 10 day notice period
(September 26, 2013).
Feel free to contact myself or Kathy Eastley, the staff planner, if you have any questions
regarding this decision.
Sincerely,
Fred A. Jarman, ICP
Director of Commu · y Development
Attachment
Cc: BOCC
File
2
REQUEST
APPLICANT
I OWNER
LOCATION
SITE DATA
WATER/SEWER
ACCESS
EXISTING ZONING
STAFF RECOMMENDATION
PROPOSAL
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
PROJECT INFORMATION
Minor Subdivision (2 Lots)
Thomas Morton and Dwight Juhl
South of Glenwood Springs on west side of CR
117 at the base of Four Mile Road
5.72-acres; Parcel No. 2185-272-00-011
Existing Wells and Septic Systems
CR 117, aka Four Mile Road
Residential Suburban
Approval with Conditions
1
The 5.72-acre parcel is
owned by tenants-in-
common who seek to
divide the parcel to
allow for individual
ownership of divided
portions of the site.
Currently there are
three dwelling units, two
wells, two septic
systems and three
driveways located on
the site which would
allow for the two lots
proposed to exist
• independently.
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
II REFERRAL COMMENTS
Staff referred the application to the following agencies/County Departments for their review
and comment. Comments received are attached as exhibits and incorporated into the
memorandum where applicable.
a. Road & Bridge: EXHIBIT F
b.
c.
d.
County Vegetation: EXHIBIT J
Environmental Health: EXHIBIT I
Glenwood Springs Fire District: EXHIBIT H
e.
f.
City of Glenwood Springs: No comments received
Mountain Cross Engineering: EXHIBIT G
g. Division of Water Resources: EXHIBIT K
h. County Surveyor: Exhibit L
i. CDPHE: Exhibit M
Ill RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within the Urban Growth
Area of the City of Glenwood Springs, as shown right. A
referral was sent to the City but no comments were
received.
The City's Future land Use Plan, below, indicates that this
area is appropriate for low density residential development
Ltgtnd
Downtown
-Highway
-City Strttlt
-County Roads
•Rivera
O Parcels
• Conservation
~ • Parka Opon Spece
Secondary Ctnttr Low Density Rttldtnllal
1
~:t City Limit• Single-family Residential
-Urban Growth Boundary • Multi-family Rtsldtnllal
0 Blue Line • Mixed-use '
E3 Future Study Alta • Downtown w-¢-• r-
0 Downtown Development AulhOtity Boundary • commMclal
i'/. Hlll1lde PrtHrvaUon • Industrial
,~ River tide Protection o.t o 21
0.1 "''"
The land within the UGB from this point south
''-(..
2
)'
IV REVIEW CRITERIA
5-301 C. Review Criteria.
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
1. It complies with the requirements of the applicable zone district and this Code.
Staff Comment: The lots proposed to be created by the subdivision of the site
comply with the minimum lot size requirements in the Residential Suburban zone
district but do not comply with other zone district requirements with regard to
setbacks and the number of dwelling units per parcel. Several of these non-
conformities are legal, pre-existing uses and structures while others require some
measure to assure compliance. These measures include an Encroachment
Agreement with County Road & Bridge and a Boundary Line Adjustment with the
neighbor to the east to assure that an existing home is located wholly on property
owned by the applicant and is compliant with setbacks.
Staff is recommending conditions of approval to cure these deficiencies. The
conditions must be satisfied prior to Board signature of the plat.
2. It is in general conformance with the Comprehensive Plan.
Staff Comment: The site, adjacent to the City of Glenwood Springs, is located within
the Urban Growth Boundary as delineated on the Future Land Use Map of the
Garfield County Comprehensive Plan of 2030. The City of Glenwood Springs
Comprehensive Plan envisions this area as Low Density Residential which is
consistent with this proposal.
3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water
supply for each lot.
Staff Comment: Each proposed parcel contains a household-use only well permit
issued by the Division of Water Resources (DWR) and pump tests and water quality
analysis has occurred to demonstrate sufficient legal and physical water to serve
the sites.
A referral to the DWR resulted in comments found in Exhibit K, which state that
"material injury" will result without augmentation of these wells. This is due to the
fact that the household only status of the wells requires that they serve a 5. 72-acre
parcel -the conversion of the wells to serve a 'subdivision' results in additional
analysis of the use. It is this additional analysis that results in a requirement that an
Augmentation be in place. The Applicant has been referred to Janet Maddock of
the West Divide Water Conservation District to commence this augmentation
process. A condition of approval is recommended requiring this plan be in place
prior to Board signature of the plat.
4. Satisfactory evidence of adequate and legal access has been provided.
3
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
Staff Comment: Road and Bridge was requested to review this application and
provide comments regarding the existing accesses to the site. Comments received
are included as Exhibit F. It appears that proposed Parcel 1 has two existing
driveways, one of which will be utilized for emergency purposes. The driveway to
serve Parcel 2 currently meets Road & Bridge standards.
Staff recommends a condition that requires the second driveway on Parcel 1 to
serve as Emergency access.
5. Any necessary easements including, but not limited to, drainage, irrigation, utility,
road, and water service have been obtained.
Staff Comment: All improvements, including utilities and access, are currently in
place.
6. The proposed Subdivision has the ability to provide an adequate sewage disposal
system.
Staff Comment: Existing sewage disposal systems have been permitted by Garfield
County and appear to be sufficient for the dwellings currently existing on the site.
7. Hazards identified on the property such as, but not limited to, fire, flood, steep
slopes, rockfall and poor soils, shall be mitigated, to the extent practicable.
Staff Comment: There do not appear to be any identified hazards on the property.
8. Information on the estimated probable construction costs and proposed method of
financing for roads, water distribution systems, collection systems, storm drainage
facilities and other such utilities have been provided.
Staff Comment: All infrastructure is currently existing on the sites.
9. All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
Staff Comment:
10. All fees, including road impact and school land dedication fees, shall be paid.
Staff Comment: These fees are not applicable to the site as the dwelling units are
currently in existence.
11. The Final Plat meets the requirements per section 5-402.F., Final Plat.
4
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
Staff Comment: Staff has provided requirements for amendment to the proposed
plat, Exhibit N, and these recommended as condition of approval.
V ISSUES AND CONCERNS
A. Correction of Existing Deficiencies -One of the homes on the site does not exist
wholly on the subject parcel and does not comply with required setbacks. Once
structure encroaches into the right-of-way. These deficiencies can be
adequately addressed and corrected to the extent possible with completion of a
Boundary Line Adjustment (BLA) and Encroachment Agreement with Road &
Bridge.
B. Pre-existing, non-conforming uses and structures due to the fact that three
dwelling units exist on the site, one of which is a single-wide trailer. A plat note
is recommended as a condition of approval to provide notice regarding any
expansion or replacement of these non-conformities.
C. Compliance with water quality and quantity, both legal and physical. The
Division of Water Resources states that ongoing use of the existing permitted
wells on the site will result in "Material Injury" and therefore requires
augmentation. Applicant will be required to demonstrate acquisition of
augmentation as a condition of approval, prior to Board signature on the plat.
D. A noxious weed map and inventory is required to be submitted and if weeds are
present on the site a Weed Management Plan will be required. See Exhibit J for
additional details.
VI. RECOMMENDED FINDINGS
1. That proper notice was provided to adjacent property owners as required by the
Garfield County 2013 Land Use and Development Code;
2. That the administrative review was extensive and complete, that all pertinent facts,
matters and issues were submitted and that adjacent property owners had the
ability to be heard regarding this request;
3. That for the above stated and other reasons, the proposed Minor Subdivision may
be determined to be in the best interest of the health, safety, and welfare of the
citizens of Garfield County if recommended conditions of approval are satisfied;
4. That, upon satisfaction of conditions of approval, the application is in general
conformance with the Comprehensive Plan of 2030, as amended.
5. That, upon satisfaction of conditions of approval, the application has met the
requirements of the Garfield County 2013 Land Use and Development Code.
VI STAFF RECOMMENDATION
.,,~
Staff finds the proposed Minor Subdivision MA'f comply with the Garfield County 2013
Land Use and Development Code if conditions of approval are satisfied. Staff
5
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
recommends that the Director of Community Development approve the Morton/Juhl Minor
Subdivision subject to the following conditions:
1. That all representations made by the Applicant in the application,
correspondence, and meetings with county staff, shall be considered conditions
of approval unless otherwise amended or changed by the Director.
2. The Applicant has 90 days to satisfy all conditions of approval and submit a
signed mylar compliant with this approval. The signatures required on the
submitted mylar include the owners (notarized), mortgagee, title company,
surveyor, and treasurer.
3. Prior to the signing of the Minor Subdivision plat, the following amendments are
required:
A All easements necessary for provision of utilities shall be described on the
plat.
B. The plat shall be amended as itemized in the staff review letter dated August
2ih and attached as Exhibit N, with the exception of Items 8 and 9.
C. A note must be on the plat regarding the second driveway which will be
utilized solely for emergency access.
D. A note must be on the plat that an Augmentation Plan is in place for the two
wells on the site.
4. Prior to the signing of the Minor Subdivision plat the Applicant shall submit an
inventory of County Listed Noxious Weeds and a Weed Management Plan for
the site which shall be reviewed and determined sufficient by the County
Vegetation Manager.
5. Prior to the signing of the plat the Applicant shall provide proof for a water
augmentation plan that satisfies the requirement of the Division of Water
Resources to mitigate a finding of "Material Injury". This plan shall be required
to be maintained for the life of the wells on the parcels and compliant with
Division of Water Resources requirements.
6. Prior to signing of the plat the applicant must submit all required documentation
for the required Boundary Line Adjustment (BLA) so that all documentation may
be recorded in the correct order at concurrent times.
6
Director Decision, September 16, 2013
Administrative Review Morton Juhl Minor Subdivision
B Garfield County 2013 Land Use Development Code
C Garfield County Comprehensive Plan 2030, as amended
D Application
E Staff Report
F Email dated August 8, 2013 from Mike Prehm -Road and Bridge
G Letter dated August 20, 2013 from Chris Hale -Mountain Cross En ineering
H Memo dated August 20, 2013 from Ron Biggers -Glenwood Springs FPD
I Email dated August 22, 2013 from Morgan Hill -Environmental Health
J Letter dated August 22, 2013 from Steve Anthony -Vegetation Mana ement
K Letter dated Au ust 29, 2013 from Me an Sullivan -Division of Water Resources
L Memo dated September 12, 2013 from Scott Aibner, County Surveyor
M Email dated September 11, 2013, with attachments, from Ton Harrison ofCDPHE
N Staff comment letter dated Au ust 27, 2013
EXHIBIT
From:
To:
Subject:
Date:
Kathy,
Michael Prehm
Kathy A Eastley
Juhl/Morton Minor Subdivision
Thursday, August 08, 2013 3:00:32 PM
Parcel 1 has a 35' driveway that is currently being used to access a garage. Vehicles are parking just off
the road and have to back out onto 4-Mile road, it is kind of dangerous. Not sure anything can be done
because their is not much room to alter it. The proposed driveway for parcel 1 is a single road with a
gate. Not used very often. I can see this would be the only access to the rest of the property. Would
like to see a driveway permit pulled for this one to get it up to code.
Parcel 2 have a driveway that currently meets Road & Bridge Standards. Have no concerns with it.
Mike Prehm
Garfield County Road & Bridge
Foreman/Glenwood District
(970) 945-1223 Office
(970) 945-1318 Fax.
r
August 20, 2013
Ms. Kathy Eastley
Garfield County Planning
108 8111 Street, Suite 401
Glenwood Springs, CO 81601
RE: Juhl Morton Minor Subdivision: MISA-7583
Dear Kathy:
MOUNT/\IN CROSS
EN<ilNEERIN<i, INC.
Civil and Environmental Consulting and Design
EXHIBIT
G-
This office has performed a review of the documents provided for the Minor Subdivision
Application for the Juhl Morton Subdivision. The submittal was found to be thorough and well
organized. The following comments were generated:
I
1. The application material provide a septic system permit for only one of the two septic systems.
The Applicant does provided an inspection report for both systems showing that they seem to
be in good condition however, the Applicant should address the adequacy of the second system
size.
2. The application materials did not provide test results for radiological analysis of the wells.
3. The water quality analysis was provided for only one well. The Applicant should address the
water quality of the second well.
4. The water quality results showed some contaminant levels above recommended limits. The
Applicant should address proposed water treatment.
5. No information was included in the application materials for the existing driveway accesses.
The Applicant should coordinate with road and bridge for any permits or conditions that might
be necessary.
Feel free to call if you have any questions or comments.
Sincerely, 'fin{<
Mou in C:s En~
Chris Hale, PE
826 % Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
EXHIBIT
I-/
August 20, 2013
To: Kathy Eastley, Garfield County Planner
From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department
RE: Project name, Juhl Morton Minor Subdivision, type of application minor subdivision, applicant Juhl
Morton, contact person Dwigth Juhl, location 1761and1487 CR 117, request to subdivide 4.72 acres
into two 2.3 +/-lots.
Comments:
Because the buildings and emergency assesses on the site are preexisting and the applicant does not
plan on adding new building the staff of the City of Glenwood Springs Fire Department does not have
any comments on this application. However should the Garfield County officials approve this
subdivision, on the subdivision documentation of record it shall state the following:
Copies of plans that are submitted to the Garfield County Planning and or Building Department for
changes to one or both new parcels, they shall also be submitted to the City of Glenwood Springs Fire
Department for review and comments.
IOI WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506
EXHIBIT
I L
From:
To:
Subject:
Date:
Hi Kathy,
Moman HUI
Kathy A Eastley
Juhl Morton Minor Subdivision
Thursday, August 22, 2013 9: 28:28 AM
I don't have many comments for the Juhl Morton Minor Subdivision as it seems there will be no
new structures or land disturbance as a result of the property division. It appears the applicant has
proper documentation for their Onsite Wastewater Treatment Systems and drinking water wells
that will support the existing uses for current residents. Please continue to conduct regular
maintenance and sampling on private drinking water wells that will include annual testing for fecal
coliform bacteria, nitrates/nitrites, and TDS. Septic tanks should also be pumped as needed.
Are there any future construction plans as a result of the subdivision of these two parcels that
would result in new land disturbance?
Thanks,
Mo,9M 111ee
Environmental Health Specialist II
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
Phone: (970) 665-6383
Email: mhill@garfield-county.com
www.garfield-county.com/environmental-health
EXHIBIT
13
Garfield County
August 22, 2013
Kathy Eastley
Garfield County Community Development Department
RE: Juhl Minor Subdivision
Dear Kathy,
Thank you for the opportunity to comment on this permit.
Noxious weeds map & Inventory
Vegetation Management
Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds.
The current list is attached. Of particular concern on this site are Dalmatian toadflax, and possibly plumeless thistle and
musk thistle.
Weed management plan
Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site.
Please let me know if you have any questions.
Steve Anthony
Garfield County Vegetation Manager
0375 County Road 352, Bldg 2080
Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939
GARFIELD COUNTY NOXIOUS WEED LIST
Common name
Leafy spurge
Russian knapweed
Yellow starthistle
Plumeless thistle
Houndstongue
Common burdock
Scotch thistle
Canada thistle
Spotted knapweed
Diffuse knapweed
Dalmation toadflax
Yellow toadflax
Hoary cress
Saltcedar
Saltcedar
Oxeye Daisy
Jointed Goatgrass
Chicory
Musk thistle
Purple loosestrife
Russian olive
Scientific name
Euphorbia esula
Acroptilon repens
Centaurea solstitalis
Carduus acanthoides
Cynoglossum officinale
Arctium minus
Onopordum acanthium
Cirsium arvense
Centaurea maculosa
Centaureadifjitsa
Linaria dalmatica
Linaria vulgaris
Cardaria draba
Tamarix parviflora
Tamarix ramosissima
Chrysanthemum leucantheum
Aegilops cylindrica
Cichorium intybus
Carduus nutans
Lythrum salicaria
Elaeagnus angustifolia
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
August 29, 2013
Kathy Eastley
Garfield County Building and Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 84601
Dear Mrs. Eastley,
Re: Juhl Morton Minor Subdivision
Section 27, T6S, R89W, 6th PM
Water Division 5, Water District 38
EXHIBIT
I k-
John W. Hickenlooper
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
We have reviewed the above-referenced preliminary plan to subdivide a parcel of
approximately 4.72 acres into two residential lots. Lot 1 would be 2.334 acres and would have one
single family dwelling and Lot 2 would be 2.367 acres and would have two single family dwellings.
The applicant proposes to provide water to each lot through existing wells. The well on Lot 1 would
have permit no. 152042 and the well on Lot 2 would have Permit No. 280605-A. Sewage disposal is
to be provided through two individual systems. The information provided indicates that the intent is to
continue to use water from the wells in accordance with their current permits.
The well on Lot 1 with Permit No. 152042 was issued pursuant to CRS 37-92-602(3)(b)(ll)(a)
on August 18, 1988 as the only well on a residential site of 5 ±acres. The permitted use of
groundwater from this well is limited to ordinary household purposes inside a single family dwelling
and the watering of the user's noncommercial domestic animals.
The well on Lot 2 with Permit No. 280605-A was issued pursuant to CRS 37-92-602(3)(c)
on May 8, 2009 as a replacement and relocation of an existing well with Permit No. 280605 issued
pursuant to CRS 37-92-602(5). The permitted use of ground water from this well is limited to fire
protection, ordinary household purposes inside not more than two (2) single family dwelling(s), the
watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not
more than one (1) acre of home gardens and lawns. These uses represent the historic uses in
place prior to May 8, 1972.
Section 37-92-602(3)(b)(lll), C.R.S., requires that the cumulative effect of all wells in a
subdivision be considered when evaluating material injury to decreed water rights. The source of
the proposed water supply would be from, or tributary to, the Colorado River. This area of the
Colorado River is over-appropriated; therefore, an augmentation plan is required to offset
depletions caused by the pumping of any wells. If the applicant intends to use the existing wells,
currently permitted under permit no's. 152042 & 280605-A, to supply any portion of the
subdivision, a new well permit issued pursuant to a decreed plan for augmentation will be required.
Office of the State Engineer
1313 Sherman Street, Suite 818 •Denver, CO 80203 •Phone: 303-866-3581 •Fax: 303-866-3589
http://water.state.co.us
Juhl Morton Minor Subdivision
August 29, 2013
Page 2 of 2
DIVISION OF WATER RESOURCES
The well test report by l&M Pump, Inc. dated March 11, 2013 indicates that the well operating
under permit no. 152042 produced an average of 14.5 gallons per minute over a 4 hour period. The
well operating under permit no. 280605-A produced an average of 15 gallons per minute over a 4
hour period. The water supply should be physically adequate to supply three dwellings. Please
note that the long term adequacy of any ground water source may be subject to fluctuation due to
hydrological and climatic trends.
Pursuant to Section 30-28-136(1)(h)(1), C.R.S., the State Engineer offers the opinion that
due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the
well, the proposed water supply plan will cause material injury to existing water rights and is
inadequate. If you or the applicant has any questions concerning this matter, please contact Ivan
Franco of this office for assistance.
HIF: Juhl Morton Minor Subdivision.docx
cc: Alan Martellaro, Division Engineer
Water Commissioner, District 38
Sincerely,
Megan Sullivan, P.E.
Water Resource Engineer
EXHIBlli
I L--
Garfield County
To:
From:
Subject:
Date:
Scott,
Scott Blackard -Sexton Survey Company
Scott Aibner-Garfield County Surveyor
Plat Review -Morton I Juhl Subdivision Exemption
09/12/2013
SURVEYOR
SCOTT AIBNER, P.L.S
Upon review of the Morton I Juhl Subdivision Exemption plat, r have no comments or corrections to be made
prior to approval for survey content and form.
Once all final comments from the Community Development Department have been completed, the Mylar may
be prepared for recording. The Mylar shall be delivered to the Community Development Department office
with all private party signatures no later than Monday the week prior to the next commissioner meeting day in
order to make that meeting. ·
Sincerely,
Scott Aibner
Garfield County Surveyor
cc Kathy Eastley -Community Development Department
109 8th Street ,Suite 1008 •Glenwood Springs, C081601 • (970)945-1377 • e-111ail:saibner@garjield-cou11tyco111
From:
To:
Cc:
Subject:
Date:
Attachments:
Harrison -CDPHE Tupy
Kathy A Eastley
greepdoo84532@gmajl com
Fwd: FW: Radiochemistry report
Wednesday, September 11, 2013 10:30:32 AM
d45769x.pdf
d45769.pdf
EXHIBIT
I 1\Jf
Good morning Ms. Eastley. I have reviewed the attached chemistry reports, and find
that none of the results for the regulated analytes exceed their respective Maximum
Contaminant Limits (MCLs) for public water supplies. The labs that did the analyses
(Accutest for the inorganic analyses and Hazen Research for the radiological
analyses) are certified by the State of Colorado to perform the analyses on drinking
water samples, and have been shown to provide accurate results for the tests in
question.
My understanding from Mr. Juhl is that the wells in question will not provide water to
more than two households, and therefore would not be regulated (at least by the
State) as public water supplies, so I am not sure why such extensive testing is
required. If Garfield County has it's own drinking water requirements I'd be happy
to compare the results to those limits, if you could provide a link to them.
I hope this satisfies your requirements.
If you have any questions or concerns about
any of this information, or if I can be of service in any other way, please do not
hesitate to contact me.
Best regards,
Tony Harrison, MSPH
Inorganic & Radiochemistry Supervisor
Laboratory Services Division
Colorado Department of Public Health and Environment
8100 Lowry Blvd.
Denver, CO 80230
303-692-3046 I tony.harrjson@state.co.us
----------Forwarded message ----------
From:
Dwight Juhl <greendog84532@gmail,com >
Date: Wed, Sep 11, 2013 at 9:48 AM
Subject: Fwd: FW: Radiochemistry report
To: tony,harrjson@state.co.us
Hi Tony, Thanks for looking at my water test results from Accutest. The contact
person at Garfield County Planning is Kathy Eastley, AICP, Senior Planner, Garfield
County Community Development, 108 8TH Street, Glenwood Springs, Co., 81601.
Phone 1-970-945-1377 ext. 1580. Email (keastley@garfield-county.com). My
contact information is Dwight Juhl, 1761 County Road117, Glenwood Springs,
Colorado 81601. Phone 1-970-618-2075. I look forward to your response. Thank
You, Dwight Forwarded message ----------
From:
Shea Greiner <SheaG@accutest.com>
Date: Tue, Sep 10, 2013 at 12: 10 PM
Subject: FW: Radiochemistry report
To: "greendog84532@gmail.com" <greendog84532@gmail.com>
Also attached is your original 1st report.
From: Shea Greiner
Sent: Tuesday, September 10, 2013 8:58 AM
To: 'dwight@amsbasalt.com'
Subject: Radiochemistry report
You Radiochemisty report is attached.
Also attached are forms showing any standards for the testing you did. Please
refer to the MCL column on the forms for the regulated standard.
For your other report, any regulated standards that exist are shown on the
report of analysis pages. The column headed MCL (maximum contaminant level)
on the report of analysis pages, shows the state standard for the analyte.
Where there is nothing shown, there is not a regulated standard.
Thanks, Shea
~ Radionuclides Certified Laboratory Report Form Revision 6/4/13
·~· WQCD -Drinking Water CAS RAD ·:'t~"..I'.•
4300 Cherry Creek Drive South; Denver, CO 80246-1530 ..:., . ., .
Colorado [)q>mm<lll
ofl\JblicHealth
Fax: (303) 758-1398; cdphe.drinkingwater@state.co.us and mviroomcnt
Section I (Completed by Public Water System) Section II (Completed by Certified Laboratory)
Public Water System Information Certified Laboratory Information
PWS ID: Laboratory ID:
System Name: Laboratory Name:
Contact Person: Phone#: Contact Person: Phone#:
Comments: Do Samples Need to be Comments:
Composited BY THE LAB?
I I Laboratory Authorized Signature Printed Name Title Date
Section ill (Completed by Public Water System)
Sample Date: Collector: Facility ID (On Schedule):
I Sample Pt ID (On Schedule):
Section IV Radionuclides (Completed by Certified Laboratory)
Lab Receipt Lab Analysis Lab Sample ID Analyte Name (Code) CASNo. Analytical
MCL Lab MDL Result Date Date Method
Gross Alpha Including Uranium (4002) 12587-46-1
NIA
Combined Uranium (4006) 7440-61-1 30 ug/L
Radium -226 (4020) 13982-63-3
NIA
Radium -228 (4030) I 5262-20-1
NIA
Gross Beta ( 4100) 12587-47-2 50 pCi/L*
Total Dissolved Solids ( 1930)
NIA
*The MCL for Gross Beta Particle Activity is 4 mrem/year. Since there is no simple conversion between mrem/year and pCilL EPA considers 50 pCi/L to be the level of concern.
Section V Calculated Values (Completed by CDPHE)
NIA Gross Alpha Excluding Uranium (4000) Calculated Value 15 pCi/L
NIA
Combined Radium {-226 &-228} (4010) Calculated Value 5 pCi/L
NIA
1111 Mountain States
II ACCLJTESI:
LABORATORIES
Technical Report for
Client
Dwight Juhl
Accutest Job Number: D45769X
Sampling Date: 05/01113
Report to:
1761 COunty Road 117
Glenwood Springs, CO 81601
A TIN: Dwight Juhl
Total number of pages in report: 13
Test results conlained within this data package meet the requirements
or the National Environmental Laboratory Accreditation Conforence
and/or state specific certification programs as applicable.
Client Service contact: Renea Jackson 303-425-6021
e-Hardcopy 2.0
Automated Report
P~k_
Scott Heideman
Laboratory Director
Certifications: CO (C000049), ID, NE (C000049), ND (R-027). NJ (CO 0007), OK (09942), UT (NELAP C000049),
TX (TI0470451 I)
This report shall not be reproduced. except in its entirety, without the written approval or Accutest Laboratories.
Test results relate only to samples analyzed.
Mountain States • 4036 Youngfleld St. • Wheat Ridge, CO 80033-3862 • tel: 303-425-6021 • fax: 303-425-6854 • http://www.accutest.com
I B 1of13
Accutest Laboratories is the sole authority for authorizing edits or modifications to 1his ACCUTEBT.
document. Unauthorized modification of this report is strictly prohibited. 045769X ........... •
Sections:
Table of Contents
-1-
Section 1: Sample Summary ................................................................................................... 3
Section 2: Sa111ple Rest.1lts .......•.........••........••....•...•..•...•.•.....•.....•.••...•.•.••....•............................ 4
Scctio11 3: J\.lisc. (4
,f)J"1ns ..................................................................................................................... 5
3.1: Chain of Custody ...... ........ .......... ................................................... ...................... .......... 6
I
I
I
•• 2of13
• ACCUTEST.
D45769X ........ O.ATO••••
Accutest Laboratories
Client
Dwight Juhl
Sample Collected
Number Date Time
By
045769-lX 05/01/13 15:30 DJ
Sample Summary
Matrix
Received Code Type
05/02/13 DW Drinking Water
Job No:
Client
Sample ID
WELL 280605A
I
D45769X
I• 3of13
AC:::C:::UTEEIT.
045769X \.A•n•a'fo••••
1111 Mountain States
II ACCLJTEST@
LABORATORIES
Sample Results
Report of Analysis
Section 2
I
•• 4of13
.ACCUTEBT.
045769X LA•o.-uo.i•••
1111 Mountain States
II ACCLJTESTc:
l.ABORATORIES
Misc. Forms
Custody Documents and Other Forms
Includes the following where applicable:
• Chain of Custody
Section 3
I
•• 5of13
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REVISED CSR: RR
CClllbol ~ RR-4l22/2013-3
THIS FORM MUST BE RETURNED WITH COOLER
Clienl: Priv:E Client -Dwight Juhl
Reqo-ded By: _Owigl_..::-:_:htc;;.Juhl.:__. ____ _ Project: DrRSlg Waa Analysis
Delivery llocle: Acculest '° Ship Shipping Mode: FED-X Ground
Dae and nm.to: ..::Ship::.:·:ic.._ _____ _ 0....: 4/22/2013
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Deliveallle p-.ge: -
lndDde _., e. order. D Elllnl Labels
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r.o sa..: -2lpcode: _8_100_1 ___ _
Phone; ~ 61S-2075
TAT:
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Ss-111 ••umoos: ~include a dmlm1g ...-coc and Sill1"*1g instruclions. No stale forms needed. Thank
~by 200.8: As, Cd, Cu, Fe. Pb, Mg, Mn. Na. and Zn.
1:=: .... -1::::: 1:=: I
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ACCUTEST.
Accuteet Job #: 041178f X
4036 Youngfield S1., Wheat RJdgo, CO 80033 Accut.11 Quot. I:
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co 80403 +
ltnd "-port \o: Scott H1ldtm1n Conti ct:
1 Am ciueeUon1 cont.ct: 8hea Ortlntr SamDle Manaaement
l'hOnt/Fuf: 13031421.f021 • IS03' tZS-eH4 Phone: (303) 279-4601
J vonection Prtllf\ll!IOn
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0 Commt!Cltl 'IN" D lltetronlc DttlVtty:
0 Rtducad Tltr 1 D ltata ,onn1
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0 FuHTi.t1 0 Other (lpeclly)
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D45769X: Chain of Custody
Page 2 of 8
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«136 Youngtield
V\11-i Ridge. co 80033
Hazen R cb, Inc.
4801--DATE May 14, 2013
-. CO&O.n USA !RI PROJECT 009-93
Tel: (3ID) 279-4501 tRI SERES NO E083113
Fax: (303) 278-1528 Ol\TE REC1l. 5/3/2013
CUST. P.O.. D45769X
REPORT OF ANALYSIS
SAaFl.ENO. 8183113-1
SAaFl.E lt'ENTlfJCATJON:
045769X-1 -Drndng--San.,ied on 05.'01/2013@ 1530
OETECT10N
PARAMETER RESUlT ..-T llE1l«XI ---
---
Gross Alpha <~i. pCill (T) 10(+-4) 1.9 SM7110B
Gro6S Alpha (+-Precisioni. pCill ro-7(+-4) 1.9 SM7110B
Gross Bea (+-Precisionj, pCill (T) 0.()(+-2..1) 22 SM7110B
T atal Solids, mgll 338 10 EPA 160.3
UranUn. pCill ro-2.6 0.5 ASTU 02907-97
UranUn, ugll (T) 3..8 0.7 ASTU ()2gJ7-!T7
"Variabilly d .. ladioadiwe decay process (cauning error) ..... 95')(, a>nlidenoe level, 1.96 SVna-
~D's: COIEPA COOOOOB; CT PH-0152; KS E-10265: NYELAP 11417;
PAOEP fl&-00551; RI LA000284; TX T104704256-11-2; WI 998375610
-unnum resu11s ~~the activity otna1ura1u=s.nx1~1 Cilgm.
"""Less RIMbl mid Uranium.
ANl\LYSIS
DATE ---
5113/2013
@0854
5113/2013
@0854
5113/2013
@0854
5.6/2013
5/7/2013
@2210
5/7/2013
@2210
____ ..._., ___ ., ... ___ _ ...__,.. ______ Gf~---....... -.. t&~
Robert Rostad
___ .. --.y_
CODES: (l)•T• (D)•~ (S)-~ OO·T---
(l'OI•~~ c•1-~
An Employ9e-Owned Company
Oireclor, Analytical Services
Poge 1 ot1
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D45769X: Chain of Custody
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.ACCUTEBT.
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CHAIN OF CUSTODY
.. ACCUTEST. Acclllfft Job #: D417HX
4036 Younafield St., Wheat Rldao, CO 80033 Acculett Quot. #: 0
303-42S-602 I FAX: 303-42S-68S4 AMIP.0.#:
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,_,.. ;,i{ ~~'.·· r;iijl Cllent Information _\'.':. r;.-;' -:_·~ lubcontra~ Laboratory Information AnlMlcal Information •r ' ~ -~,) • ~'~ '.:·J
Name N1m1 j,~ ~~i
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4038 Younafttld St. 4048 Younalleld SL >-. ;l
City
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Wht1tRldat co 80033 Wheat Ridge
co 80033
r
Send Report lo: Andrew l'lutQtl Contact: /'
"i~:J ' !'t<'\
"·-oUHtioM contact: lh110relner S1molt M1n1aement •;
:'i>t.J,1 ..
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0 Comm.rcl1l 'IN' 0 lltctronto Delivery:
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10 D1y Tumaround Hardoopy, RUIH hi FAX Dall unltH prtvloualy Q1"ut1Tltr1
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indus~rial
LABCRATORES
Industrial l.abora1ories is your independent.
~ .>nalyticaJ testing laboratoty
To: Acc:utest Mountain Sl3les (AMS)
4036 Youngfidd St.
WbcatRidgc
Attn: Shea Greiner
co 80033
TEST REPORT
ACCUTEST-M
Dale Received: 51212013
Dale Rcponed: S/3/2QI3
PO Number: D45769X
Note: Sample lest procedures coofOOD to EPA 40CFR136 requirements.
Test
Lab No. Sample Dcsaiption Method
130S02011-4JA . D4S769X-l, 5'1/13, • Total Colifann
3:30PM
SM9223
·~ ~
Analysis
Result Units MDL DaldBy
Absml RI
St2/2013
·=Sa>pc:Allll)'Sis
• -:w-• • I AMl)'sis
MDL~~ Ddoctica Limit
ND• -D<locled lllbe -..,._Limit
Page: I ofl
4046Youngfield Street. WheatRidge.Cdorado80033. (303)287-9691. (303)287-0964FAX. wwwildustrialabs.net
Re<eprof~ada~lho-Mldcon<itions.whC:l>conbefoundat~
,,,..._,..;._,.be~in-.... in-fo.-'-tisiag---....,;.,gpriOf'--.
B i·t
EXHIBIT
August27,2013
Dwight Juhl
Dwig ht@amsbasalt.com
Garfield County
·Community Development
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Office:,970-945-8212 Fax: 970-384-3470
I
Reference: Minor Subdivision Application -Garfield County File No. MISA-7583
Dwight;
N
In addition the referral comments that I have forwarded to you please amend the plat as
follows:
1. The title of the Plat should reflect "Minor Subdivision" rather than Exemption.
2. The plat certificates should be amended pursuant to the attached certificates.
3. A second notary seal should be placed in the Certificate of Dedication and
Ownership in case the two owners don't sign at the same time.
4. Please verify that all standard plat notes, as indicated on the attached
paperwork, are included on this plat.
5. The encroachment of the southern home onto the adjacent property cannot be
shown on the plat. Instead please move the lot line (including required setbacks
from the structures) to which the adjacent owner has agreed, and note "Boundary
Line Adjustment recorded at Reception No. ". This BLA must be recorded
along with the plat. I am assuming that the northern BLA will be recorded along
with the plat as well.
6. A plat note must be crafted regarding the second unit on Parcel 2 -that it may
not be replaced, altered or modified without first receiving a Land Use Change
Permit from Garfield County for an Accessory Dwelling Unit.
7. The encroachment of the northern structure into the right-of-way must be
addressed with a plat note holding the County harmless in any damage resulting
from this encroachment. In addition, County Road & Bridge may require an
Encroachment Agreement.
8. Water quality analysis on the well on Parcel 2 does not appear to meet state
standards. This must be addressed -perhaps some water treatment process
could rectify the issue. Please consult with appropriate professionals to address
this situation.
9. The well on Parcel 1 was not tested with regard to water quality. This must be
completed to determine compliance with water quality standards. If this well is
similar to the one on Parcel 2 it may result in a requirement for water treatment .
The Director Decision will be issued on September 161h
therefore these issues need to
be addressed as soon as possible.
Please feel free to contact me with any questions.
CC: File
Scott Blackard via email