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HomeMy WebLinkAbout3.0 Staff Report PC 7.12.95PROJECT INFORMATION AND STAFF COMMENTS PC 7n495 M ountain Meadows at Prince Creek Subdivision Preliminary Plan Anneliese K. Allen A parcel of land located in a portions of Sections l l and 14, T8S. R88W; located approximately one (2) miles south of the Town of Carbondale, offof C.R. 111.. 17.893 acres Central water system from a well I.S.D.S. County Road lll A/R/RD A/R/RD REQUEST: APPLICANTS: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: RELATIONSHIP TO THE COMPREHENSTYE PLAN The subject property is located in District C, Rural AreaVMinor Environmental Constraints as shown on the Garheld County Comprehensive Plan Management Districts Map. The Carbondale Urban Area of InJluence is within one (l) mile of the proposed development, which is considered a transition zone between rural and urban densities. The recommended density for transition zones is one (1) dwelling unit per two (2) acres. DESCRIPTION OF THE PROPOSAL A. Site Dercrintion: The property is adjacent to County Road 1l l, on the Crysta1 River side of the road. The parcel is irrigated cropland that slopes gently from the south to the north. There are a number of large cottonwood trees along the road. The applicant's house is the only structure on the property at this time. Adjacent to the north side of the proposed subdivision are three houses on lots approximately two acres in size. Project DercriFtion: It is proposed to split the 17.893 acre site into 8 singl+ family lots ranging in size from 2.000 acres to 2.324 acres in size.(See plan enclosed) There are seven (7) new lots that will have water supplied by a central water system fed by a well on the site, while the existing house will continue to have water provided by another well that has served the lot since 1975. This same well serves two of the existing houses that are adjacent to the proposed development. Sewage will be treated by the use of individual sewage disposal systems. Access will be provided from County Road I I I via a 40 ft. wide and 930 ft. long road that ends in a cul-de-sac with a 50 ft radius. Fireprotection will beprovided by a 10,000 gallon cistern to be located nearthe cul-de-sac. Water irrigation is proposed to be provided by an underground pressure irrigation system. History: In 1984, by Resolution No. 84-211, the Board of County Commissioners denied the approval of the Preliminary Plan for the Mountain Meadows subdivision. The reasons for denial were based on the density being incompatible with the lesser residential and agricultural densities within one (1) mile of the proposed development ; lack of water management mechanisms ; and an inadequate road servicing the area. AII of these reasons led to a determination that the subdivision was premature for development. The decision was upheld by the District Court in subsequent litigation, based on the applicant's failure "to provide for the creation of a legally appropriate entity to control and manage the proposed central water system with adequate powers to enforce the provisions of any contract with the Basalt Water Conservancy District ... (and) to provide for an appropriate legal mechanism to manage the existing underground pressurized irrigation system, as well as adequate safeguards to protect existing wells on surrounding areas." one of the reasons for denial, due to the lack of an adequate county road to service the subdivision, was not upheld. Thejudge's coulment was as follows: "The concern was the increase in traffrc on the county road that would be caused by the subdivision. The increased traffrc is solely as a result of the increased land use density. Density is a function of Tening. The property in question is zoned for two acre residential use. The proposed subdivision is in conformance with the existin gzoning. If the defendant believes that the allowable zoning results in too great a density the remedy is to change the zoning, not to attempt to control it through the subdivision approval process. " The County has tleen working on a modification of the Comprehensive Plan, that would eventually recorlmend land use densities for new zone districts. [I. MAJOR ISSUES AND CONCERNS A. Agency Comments: 1. Division of Water Resources: The Division recommends that no final approval be given to the pdect until a Court decree for an augmentation plan B. C. --Z - B. C. is approved. Additionally, the Division questions the adequacy of the water supply, based on thelack ofdocumentation submitted with the application. (See letters oes. ) 2. Carbondale & Rural Fire Protection District: The District has no problem with the proposed cul-de-sac length, but feels that aminimum of 16,000 gallons of storage for fire protection. The District is also requesting $232per dwelling unit as a part of the fire impact fees approved by the Board of County Commissioners last year. (See letter pg. _) 3. Division of Wildlife: In general the Division is satisfied with the proposed covenants, but they would prefer that the covenants be converted to deed restrictions, so the County can enforce them. They would also like to see a restriction on construction workers bringing uncontrolled dogs onto the site. (See letter pg. ) 4. Colorado Geologic Survey: They generally do not have any geologic related objections to the proposed subdivision. They do recommend that each site be investigated by a qualified soils and foundation engineer. (See letter pgs. -) Zoring: The A/R/RD zone district requires a minimum of two (2) acres for each lot created as a part of a subdivision. Each of the proposed lots has two acres of area and is in compliance with the zone district requirements. Road/Access: The roadway proposed to serve seven of the eight lots is classified as a semi-primitive roadway and is required to have at a minimum of a 40 ft. ROW, with eight (8) ft. driving lanes and two (2) ft. shoulders and a gravel driving surface. The application proposes two l0'asphalt surfaced lanes, with two ft. shoulders. This roadway will have to be dedicated to the public for use, but be maintained by a homeowners association. Cul-de-sacs may be permitted, provided they are not over 600 ft. in length. The proposed cul-de-sac is approximately 930 ft. long. The Board may approve longer cul-de-sacs " for topographical reasons and it can be proved that fire protection and emergency egress and access is provided as a part of the longer design." The applicant has a favorable recommendation lrom the Carbondale & Rural Fire Protection District. County Road 111 has not been upgraded since the last application, but the courts have stated that the County must have a "rational nexus" between the proportionate impacts of a development and the total impacts from all development on the road. At this time the County has no method of assessing road impact fees on this project. FireProtection: TheCarbondale &Rural FireProtection Districthasrequested a 16,000 gallon water tank for hre protection. The applicant has proposed a 10,000 gallon water tank. The State Forest Service has not commented on this proposal, but they have recommended in other applications that wildf,re problems can be minimized by lollowing the recommendations for construction of homes contained in the CSFS publication "Wildfire Protection in the Wildland Urban Interface" and "Model Regulations forprotecting People and Homes in Subdivisions and Developments". D. I Lot Layout: During the previous subdivision review proress, the location of houses in the view plane of the neighboring houses was an issue. The application has proposed building envelopes to protect the neighbor's views of Mt. Sopris.. Pitkin County: While no response was received from Pitkin County, stafffeels that it is important to understand that any Garfield County action to approve a subdivision, will by default create a legally separate parcel in Pitkin County. As a part of the previous review of the subdivision, a recornmended condition of approval was that aplat note be created that states that "any parcels created by Garf,reld County action will, in no way, obligate Pitkin County to approve any building permits without compliance with the appropriate Pitkin County Land Use Code requirements and procedures. " Additionally, it was required of the developer to make sure the Garfield/Pitkin boundary line be legally describe and accepted by the Garheld County Surveyor prior to any final plat approval. Water: The Division of Water Resources has expressed reservations about the proposed legal water supply plan. While they do not mention it in their letter, they have taken a position on the Round 2 Reudi Reservoir augmentation water that questions the long term viability of the augmentation source. The Division is requiring that all decrees using 25year BOR contracts for a water supply have some specific language that puts owners of that water on notice that the water supply is only good for 25 years and there is no guarantee that it will be renewed, thus leaving a water owner without a legal water supply. (See specific language in letter pgs.-) Recently, Judge Ossola, District Court, ruled that Bureau of Recreation contracts for 25 year lease is not a legally adequate source of augmentation water. Staffsuggests that at aminimum that the language noted in the State Engineer's letter be made a plat note and included in the protective covenants of the homeowner's association. VI.SUGGESTED FINDINGS C. That the proper publication, public notice and posting were provided as required by law for the hearing before the Planning Commission; and That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard atlhat hearing; and That the proposed subdivision of land is in general compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County; and That the proposed subdivision of land conforms to the Garfield County lsning Resolution; and That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado, and Garfield County, have been submitted and, in addition, have been found to meet all requirements olthe Garfield County Subdivision Regulations. G. E. F. A. B. D. E. _4,r. VII. RECOMMENDATION That the Planning Commission recommend APPROVAL, subject to the following conditions: l. Allrepresentationsoftheapplicant, eitherwithintheapplication orstatedatthe public hearings before the Planning Commission shall be considered conditions of approval unless otherwise state by the Planning Commission. All proposed utilities shall be located underground. Atl necessary appurtenances for individual service connection shall be provided by the developer. Utility facilities shall be included in the Subdivision Improvements Agreement. The applicant shall establish a Homeowner's Association. The Homeowner's Association shall be incorporated in accordance with the Colorado Revised Statutes. The protective covenants, articles of incorporation and other Homeowner's Association documents including by-laws will be submitted for review by the County Attorney prior to the approval of the Final Plat. The water allocation contract shall be transferred from the developer to the Homeowner's Association. The Homeowner's Association shall enforce individual compliance through covenaats. Further, that the protective covenants contain the language recommended by the Division of Water Resources regarding the acceptance of a 25 year contract for a water augmentation supply. The applicant shall pay $200 per lot in School Impact Fees prior to the approval of the Final Plat. The restrictive covenants shall provide that there will be no resubdivision of the lots. Prior to the submittal of the Final Plat, the applicant shall provide adequate written verification from the Division of Water Resources documenting approval of the domestic water supply and comply with any recommendations made by the Division. The applicant shall provide a 16,000 gallon water storage tank per the request ofthe Carbondale and Rural FireProtection District forfire protection as apart ofthe submittal of a Final Plat and pay $232.00 per dwelling to the District prior to submittal of a Final Plat. All roads including the proposed cul-de-sac shall be designed and constructed in accordance with minimum County standards. The applicants shall submit improvement plans for all roads, bridges, utilities and drainage structures prior to approval of a Final Plat. The applicant shall demonstrate that procedures are established for the maintenance of all bridges, roadways etc., including snow removal, through the Homeowner's Association. 3. 4. 5. 7. 9. r0. 11. 12.The applicants shall provide a modihed water allocation contract from the Basalt Water Conservancy District to provide adequate water to accommodate the lack of recharge for non-discharging wastewater systems prior to review by the BOCC if no modification to the contract is required, then the applicant shall provide supporting documentation prior to the preliminary plan review by the Board of County Commissioners. That the Final Plat for the subdivision include the following: a. A legal description of the Garfield/Pitkin County boundary line that is approved by the County Surveyor b. That the following plat notes be included on the plat: (l) The state engineer shall curtail all out-of-priority diversions, the depletions fromwhich arenot so replaced asto preventinjury to vested water rights pursuant to section 37-92-305(8), C.R.S. (1990). Further, the applicant and its assigns understand that the lease supply is only lor a period of 25 years and if such lease should expire, fail to renewed, is terminated, or an alternative sufficient sour@ of replacement water is not included in this decree by proper amendment prior to such expiration, curtailment of all out-of-priority diversions will occur. (2) The approval of this subdivsion action by Garf,reld County will, in no way, obligate Pitkin County to approve any building permits without compliance with the appropriate Pitkin/County Land Use Code requirements and procedures. Q) trrru P/ac* rt-s/ne-/r*r t) DdA' /at.+S /tr-'/lil 13. g) w 4,r h5l/,y sAe-/t /c d/rue/d la,,ila/d tLA{ / rl dar/ fu su"l 41) //E t rn 4 ?/ 3 7 , -g/a// aP/ a/u/?t u/(L"* a6 Uflil. sA/*"*^/ ,tlo dar/du^aV(t"; 7 --6a- LORADO o " STA|E OF CO OFFICE OF THE STATE ENGTNEER [)ivision of Water Resources Department of Natural Resources 1 l.l 3 Sherrnan Street, Roonr B1B Denver, Colorado 80203 Phone (303) 866-3581 FAX (]03) 866-35t]9 . rr,. ( l:li r .i J i ,,1 .-t,,t i"l ' :" KM/km mountainmed.sub cc: Orlyn Bell, Div. Engineer Joe Bergquist, Water Commissioner May 24, 1995 Roy Ronrcr Covernor lanres S. Lrx hhca<i Executive Direr krr Hal D. Simpson State Engineer Mr. Dave Michaelson Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Mountain Meadows at Prince Creek Subdivision SW 1/4 Sec. 11 and NW 1/4 Sec. 1 4,T. B S, R. BB W, 6th P'M' Water Division 5, Water District 38 Dear Mr. Michaelson: We are in receipt of your subdivision preliminary referralto subdivide approximately '17.68 acres into B residential lots. The proposed water supply will be by one or more new wells that will be connected to a central water distribution system' please refer to our letter dated March 3, 1995 by Mr. Jeff Deatherage of our office. A copy of that letter is enclosed. The comments that were made in that letter still hold good. We recommend that final approval of this development not be granted until a Court decree for augmentation plan, to compensate iniury to other water rights, is issued. We are unable to comment on the adequacy of the water supply. As outlined in the statutes, Section 30-28-133(3)(d), C.R.S., the applicant is required to submit adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water. lf you have any questions regarding this matter, please feel free to contact this office or Mr. Orlyn Bell of our Division office in Glenwood springs at 945-5665. Sincerely ,4trfl,,ill,, Mr. Kris Murthy Prolessional Engineer n d STAIE OF COLORADO EFICE oF THE srATE ENCINEERT.-, t, " -{' }.' ,t t..4r'.1 :tlit fi -rvision of Water Resclurces , J 1,, 'Jir ,, t r'-', I :i il Department o[ Natural Resources , , ,, f : ii tlll"'ltffiHll",il,[flu'u '}, ';' I ii1 J 1 I She rman Stret,t, Room 618 ] ll t i t Denver, Colorado 80201 It " i i, ' i; :lii:Jlia'.::f;i"'' : il'". , . , .. :.- j-^^.: ' ,.'Uft"'** d) (r lt$''Roy Romer Crtvernor llmes S. Lrrlrhe.rd fxecutive Diretlor Hal D. Simpson State En6iner March 3, '1995 Mr. Dave Michaelson Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Mountain Meadows at Prince Creek Sketch Plan SW 1/4, Section 11 and NW 1/4, Section 14, T B S, R BB W,6th P.M. Water Division 5, Water District 38 Dear Dave: We have reviewed the above referenced subdivision outlined in the sketch plan submittal by Schmueser Gordon Meyer, lnc. dated February 6, 1995. This proposal will create eight single- family lots on approximately 17.68 acres. The proposed water supply for this development is to be provided by one or more new wells that will be connected to a central water distribution system. The well(s) are to be operated pursuant to a water allotment contract with the Basalt Water Conservancy District (District) and the District's substitute water supply plan. An existing house on lot B and two other nearby houses are served by an existing well, permit no. 80997. According to information in the submittal, the water requirements for household use for this development will be approximately 1O gpm. Other wells in the area are reported to produce between 10 and 15 gpm, so one well is expected to serve the entire development. A second well is proposed if production of the first well is found to be insufficient to supply this development. Water for irrigation is to be provided by an existing underground distribution system that obtains water from the Crystal River by way of the East Mesa Ditch. Based upon information in the submittal, the State Engineer's Office offers the following opinion pursuant to Section 30-28-136(1XhXl), C.R.S., for your consideration regarding material injury to decreed water rights and the adequacy of the proposed water supply: It appears this office previously commented on this development in a letter to Garfield County dated July '12, 1984 (copy enclosed). Our comments for the present development are as follows: , Mr. Dave Michaelson March 3, 1995 Page 2 1. The applicant will need to obtain a well permit for the new well to serve seven single- family dwellings. While the applicant does appear to have a valid contract with the District for 3.3 acre-feet, it appears the location of this development is outside of the area approved in the District's substitute water supply plan. lt is unlikely a well permit could be issued without a plan for augmentation approved by the Division 5 Water Court. 2. lf the existing well, permit no. 80997, is connected to the central water distribution system, a new permit for the expanded use of this well must be obtained. lf the existing well will not be connected to the central system, but will be used to serve three single{amily dwellings, per.r-nit no. 80997 should be amended pursuant to our policy # 93-4 to reflect this use. A copy of this policy is enclosed. 3. Although general inlormation was provided in the submittal regarding adjacent wells, we are unable to comment on the adequacy of the water supply without an engineering or geotechnical study documenting the physical availability and dependability of ground water for the proposed uses at this site. As outlined in the statutes, Section 30-28-133, C.R.S., the subdivider is required to submit adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate suPP|Y of water. It is our opinion that material injury to decreed water rights may occur if diversions are made without a court approved plan for augmentation. The filing of a plan for augmentation and the subsequent judiciai review and final decree should provide adequate terms and limitations to protect decreed water rights. Should you have further questions or comments regarding the water supply for this project, please contact this office at the above address. Sincerely, l\\tt,l)) !-/.,t./-.t -J i," Jeff Deatherage Water Resources Engineer Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner Steve Lautenschlager, Assistant State Engineer mountmed.sub .? q_ i,+J,1 i: i il I Carbondale & Rural Fire ProtectionI r tr'{l't 3oo Meadowood Dr. Carbondale, Colorado 81 623 Phone (970) 963-2491 FAX (970) 963-0s69 District May 26,1995 Dave Michaelson Garfield County Planner 109 8th st. Glenwood Springs, CO 81601 RE: Mountain Meadows at Prince Creek Preliminary Plan I have reviewed the preliminary plan for the Mountain Meadows at Prince Creek subdivision and have visited the site. I would offer the following comments regarding fire protection Access to the subdivision appears to be adequate via the proposed subdivision road and cul-de- sac offof County Road I I 1. The new subdivision road should meet county road standards. Water supply for fire protection would initially be provided with water carried on fire apparatus. I would recommend tirat the applicants install a centrally located underground storage tank for fire protection. The tank should hold a minimum of 16,000 gallons and meet the recommendations of the N.F.P.A. 1231 standard on water supplies. Response time to the subdivision is approximately l0 minutes with first response coming from the Carbondale station. The District will require the payment of development impact fees in the amount of $232.00 per unit as approved by the Garfield County Commissioners. This payment is due upon final plat approval. Please contact me if you have any questions. Sincere[r7, /) , ,4--.- bJ(H"@ Bill Gavett. ' Fire Marshal ., .i j ,) u j,l: '"! t r, 't) ''t ,t le# ,i '' ur nft f' l€1. ai 40 -. REFER TO ffi STATE OF COLORADO Roy Romer, Governor DEi'ABTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EOUAL OPPORTUNITY EMPLOYEF Perry D. Olson, Director 6O6O BroadwaY Denver, Colorado 80216 Telephone: (3()31 297'1 192 For lVildlife- For People 5-L2-95 Garfield 109 8th Glenwood County PlanningSt., Suite 303Springs, CO 81601 Dear Dave, f refer you to my 2-L4-g5 letter to you regarding wildlife irnpacts for the Mountain Meadows at Prince Creek Subdivision which was inctuded in the preliminary plan submittal. Included in the pretiminary plan weie protective covenants which addressed wildlife Concerns. ff these covenants are maintained, not changed over time, and are strictly enforced they should help ninilnize impacts to wildlife and I commend the proponent for their efforls. I am somewhat hesitant as my experience with covenants is that over time they are not enforced and wildlife suffers as a result. It would be better if these conditions were deed restricted and conditions of approval so the County could enforce them as necessary. In addition, I would also recommend that construction workers not be allowed to bring their dogs on site durinq construction. Generally when thia happens the workers do not keep control of their dogs and they run loose and chase deer/elk. Thank you for the opportunity to comment. questions, please give me a caII. If you have any Idlife Manager DEPARTMENT OF NATURAL RESOURCES, KCNNEth SAIAZAT' EXECUIiVE D ECTOT wILDLIFE COMMlssloN, william R. Hegberg, Member . Eldon w. cooper, chairnran ' Felix chavez, Member ' Rebecca L Frank' Member Louis F. Swift, Member. George VanDenBerg, Member. Larry M. Wright, Member Thomas M. Eve, Member ,- // - sinc/ery, {NtDistrict Carbonda a STA|E, OF COLOKADO COLORADO CEOLOGICAL SURVEY Division of Minerals and CeologY Department of Natural Resources 'l 313 Sherman Street, Room 715 Denver, Colorado 80203 Phone (303) 866-261 1 FAX (303) 866-2461 June 16, 1995 ,.1. {rf,' ' I)EI'AI{|MENT OF NATURAL I{ESOURCES Mr. Dave Michaelson, Planner 'n".. Garfielcl County Planning Department 109 8th Street, Suite 103 Glenwood Springs, Colorado 81601 Re: Proposecl Mountain Meadows at Prince Creek Subdivision -- of the Intersection of C.R. 111 (Prince Creek Road) and the County Boundary, Garfield CountY Dear Mr. Michaelson: Roy Ronter Covernrtr l.rnres S. Lochherrl Execulive Direr:lor Miclrael B. Long, Division Direclor Vi< ki Cow.rrl Stale (;e()l0Aisl rnrl l)ireclor Immediately Northwest Garfield County-Pitkin At your request and in accordance with S.B. 35 (1912), we have reviewed the materials sub;itted for an<l made a field inspection of the site of the proposed residential subdivision indicated above. The following c<lmments summarize our findings' (1) The geologic conditions of this parcel are essentially identical to those in the Prince Cieet EJtates Subdivision which is i short distance to the north of this proposed one. A copy of the review-response correspondence for it is attached and our recommendations are essentially unchanged also. (2) The most significant difference between the conditions at this site and Prince Creek irtut", is that ihe surface and subsurface drainage of this parcel is better and more conducive to residential development. We still recommen<t that foundation drains be used for all structures with basementi. The slopes of these lots and the absence o[ active drainage channels will probably minimize the possibility of surface-runoff and erositln problems. In summary, we have no geology-related objection to your approval of this subdivision proposal. 5-.0.,-(-.- hgineering Geologist encl. ffi''oorr-0013 -/z - STATE OF COLORADa COLORADO GEOLOCICAL SURVEY Diririon of Minerals and CeologY Deoartmenl of Natural Resources l3i3 Sherman Slreet, Rm.7l5 Denver, Colorado 80203 Phens (303) 866-261 1 FAX (301) 866-2461 March 22,1994 m DEPARTMENI OF NAIURAL RESOURCES Roy Romer Covernor Ken Salazar Execulive Director Michael B. Long Division Director Vicki Cowart State CeoloBist and Director GA-94-0011 Mr. Dave Michaelson, Planner Garfietd County Planning Department 109 8th Street, Suite 103 Glenwood Springs, Colorado 81601 Re: Proposed Prince Creek Estates (Sub<Iivision).Preliminary Plan ---North of the Intersection of prince creek Road (c.R. 111) and the Garfield county-Pitkin county Boundary, Garfield CountY Dear Mr. Michaelson: At your request and in accordance with S.B' 35 (1972), we have reviewed the materials submitted for and made a field inspection on March 14, lgg4, of the site of the proposed residential subdivision indicated above. The following comments summarize our findings' (1) The general geology of this site consists of okler terrace gravels zrnd other alluvial (stream-depositeci) *u?"riot, deposited by the ancesrral crystar River which overlie tire Mancos Shale and possibly other bretaceous se<Jimentary rocks- The thickness of the stream- derived materials i, prouuury variabre, but exceeds normal founclati.n depths [9, typigll residential structures with basements. Although these surficial materials typically exhibit good to excellent foundation-stability characterlstics, they can vary in composition and grain size greatiy in short distances, both laterally an<l vertically' Because of this variability' we recommend that gagb building site be investigate<l by i qualifiecl soils alrd foundation engineer before r.l.aion of foundation type(s) ancl design(s). (2) Because of the irrigation in the. vicinity and the resulting possibility that shallow perchecl water table(s) could clevelop on clayey ,tn", in the ancieirt alluviutn, we recoll.lltlencl tltztt foundation drains be installed in ali structures with basernerlts. The slope of these lots is such that these drains can outfall by gravity flow' -/3 - Mr. Dave Michaelson Marclr 22, 1994 Page Z (3) The proposed individual septic sewage-rlisposal systems probably will be entirely feasible for all of the lots. However, it is possible that percolation rates can vary greatly from place to place which may necessitate use of "custom" leach-field designs. (a) The grading and drainage plan presented in the Schmueser, Gordon, Meyer, Inc., map ihoulO be adequate to controi surfice runoff across the lots. Flowever, the gulch that will carry offsite flow that is shown dividing I'BASIN #1" from "BASIN #2" in their report (rnap) snoda be studied further to determin-e if erosion in it coukl become excessive. Depending on actual offsite flows and the contributions to runoff caused by impervious cover on the lots, it may be advisable to protect this gulch area from erosion by active means such as riprap placements along it, etc. In summary, we believe that this subdivision proposal is entirely feasible if the reasonable precautionary measures recommended above are taken' Sincerelv.,r;?,,s-,a< (Jy'mes M. Soule Engineering Geologist -/4 -- tlRY 16 ',95 07: 38Flll r IEiQFLOIn ,,. .P.1 ,fqFu"5' 4 $TATE oF cel.oBAno-, uTFICE OF TI{E 5TATE ENCINEER Divisiorr of Water Resotrrc($ tleprrtlncnt oI Natttral Re"ources I J I I Strrrrun fueu, Rrxrnr 81 I t)rrner, Colorado 60101 phoclc 00ll 866-1501 r^r ooll 066-1589 IIowever, Tltctefor:c, Rrry Rmrtx C.owrnor lrme: S. tcr:hho.rd Irr:< rtjre Olrttor I Lrl [], Sirrrr{'o(t SLrta Ir€i[ccf $UBJIICTIACCtrPTANCEoF2s-YEARUTd*SE,AI]GIYI]u.ITA'I'I0NSU1'I,LU}5 Daslqjer-Psliey. 1'e Buranu of Reclauratiorr has starcd ftat art uew cortracrs for augucnt'j'Liotr watcr will ortly bc on tr 25-yca1 lc.ase with no glaranfee4 option t'o rcilc;' E-xistirrg lcases'lhat coruc tlp for rsncwal will also only be giverr ur* sa'u" x-r*lease optiorr' l-lte state EngiLrccr is vcry conccrscct about trri.'ru-.rfte.r, l*s"l>i} i' u"' it1tli*s a greal burdert on the water usens rntj our oluce in our aueupts i,i'"rr"r" o.^:Iiabic suppty of augmenLarion walcr, -tpJ,*V wheu clealiirg with dorncstic usos' vnrious cutities Iravo bccn iri neg'riarious rvitrr tho Burcau irl an attc,lpt t'o lcnglller tlro conr,oct 1>oriod *oa ,ro siut, rneineil *dl-iiior* cfforts. The Srare Engineer lrclicves r'ar it is crirical to obtain long-t..,rr.L,;;ilro,ir,r srrpplics t0 erlsLlre viabre rr.rnestic nrrd urnuicipat rrrr" ur"Jil;;;tecL tirc i*.tol Y/atcr rig6t's of orltcrs' defcrnrine<l to mr.kc llte25 year contracL policy n rotlity' the neerl for p<llicy by thc Statc Engiltccr is rcqtrircd' Ircbmary 24, 1995 I']QLICY I\iITflVIOITANDIIN'I 9 5- 1 cffcclive itmue<lialcly arrcl cxn only bc ruodi'flred or revokcd in vriting' This policY bccomes Ile&v 1. Walcr Couit i TIre statc lJrrgineer will accept 125-yut BttrcaU o' Ir'rciarrurrion conlracts as I source of augmentation *n,", ,oiit *uctr ti'rc u, "rroru, to increesc the cxrntract lertgtl artd/or rcnewal options * ,u"."*r[ul. Irr o''rli i" u"ttpt sltc1 a nrlrply' a]l clecrccs for augnrent'r'tiou pt'ni;;'l"itit 'ypc of co'rtract nrust includc the following lauguagc: ,fhe st.ete engineer shall curtail all out-ofr:ill! cliversions, tlic dcpleriorts 'frourwlrichuunorsorqllacedastollttveli!*ju'yt,,ovestetlwatcr'rigtrls purruarrt t" Jtirr'rz-9,305i;i,"i:R''i' (1990i' iiurther' t,e aprplicnrrt arrd -/5 - @ _ I,lRy 16 'g5 07:3gr:rl,l LEr:r'.,'lll Mf, ,*a*,,,r,-'' TOI-ICY IYIEMOI{ANDUM 95- I FebruarY 24, 1995' I,agc 2 im nssigns trnclcrstancl thnt thc lcase srrPply is only for u 1rcriu-l of 25 ycars itnd if suc' lcasc s'ou,,t "*piic, lail to be icrrcrvert, is tcrnrinalf ' :t art altct'rtntivc suf{rcicrttsourccorrepl,..".ilolltwatcrisrrotinclrrdctlintlrisdccreebylrropr &rnendrnent prior ,o ,,,.i,-J*iriro,irn, oudilfuitenr oI itl] out-of-prioriLy diversions rvill occ'ur' n 2- Subdivisiou Revicvr il a subclivision rcvi.cw is l}clore t.tre state Ertgirrccr thnl proposcs to clcpond on a 25- year. leasc oi Iru*nu of lteclalrrntion watcr f.i its ntrgnre,tation sult,ly' the Statc Il,girrecr w,r crcariy i^f.nrr.ttie co,oty oilr-is.onrJnr ovcr r-hc su,ply nnd s[al'o thitt rvlilJe^*,c ucccpt thc supply, i,i, ,rr" ,,r,.', position that if the lcllsc- sltotrtd cxpirc, fait to be reucwed, be renr:.il-,"r;^;;;;r atrJrnative sufficicnr sourcc of rephccureul wttcr is not otrtaiucrj prior to c*piratiun of lhc.1T'*' cuttd]nrent.ll nx out-r:fllriority rlivcrsions wi* occur. r,,rrur.r-nrl*,'^ r.grl cntity srrourd be r:.stalllis'etl tcr rr"ltrcserrt tlre iromeowners sttclt as :r rvlter clistrict' irr ltortteot^'ncts associltLit-rrt' .4 Date<l tte l*L1day of Fcbrttarl' 1995JMital u. simpson State Engineer .(' ")/6-