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1.0 Application
GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qarfield-county.com R °Poi09 Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: ()VS A. Avick :ID > Legal Description: --k-i a ck) 6.1 TY) wt,V,1 et Q; ant) 0/7 X > Existing Use & Size of Property in acres: a CCv2S- ➢ Description of Special Use Requested: 6 izus(0,a C^c h n Rit14QQ ➢ Zone District: , i4 Rs) 6a f M.S �Q r1 ` �t-� > Name of Property Owner (Applicant):.—reg D Address: \ i ?�� niti As -o� a7 np) Telephone: X1'70 ~cici5^ z iti y. V4;` ➢ City: C \,vCi, State: LO Zip Code:Pl bLZ FAX: g7O qzs- Qoo D Name of Owner's Representative, if any (Attorney, Planner, etc): 4319vetnt t °I) ct > Address:1vveTe erhone: Sy(, -13 -1444 D City: Cao r, tate: Cr) Zip Code (a01 FAX: iS -8902- STAFF J90 - STAFF USE ONLY D. Doc. No.: Date Submitted: TC Date: D Planner: Hearing Date: RECEIVED APR 1 8 2006 GARFIELD COUNTY BUILDING & PLANNING 958 N A T I DNA L FOR IG—D IG—DF RY a •• A A •4 A • EST 20 (958) 29 •A T FOREST •—&&&1 &. „• 4 147 • • • • • 964 • • • • (8) 32 ••••••••••• COUNTY ASSESSOR T "111'• • EST • 4 4 •4, • • 1 ��••••• • • • • • • • • • 1;OUNDAR FORES • L •• 61UNOARY • •• • • • • • • 404111111101. 051 T 0 �3 053 BRETTELBERG CONDOMINIUMS SEE MAP 2395-333 • •• • • • • • • •• • • 23°�S 332. 00 nH4 T Adjoinin Todd and Kristine Leahy P.O. Box 2738 Glenwood Springs, CO 81602 (970)945-2244 April 13, 2006 GARFIELD COUNTY Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Special Use Permit - 0925 Forest Service Road, Glenwood Springs, CO 81601 To Whom it Concerns: Please consider our application for a special use permit for resort use as vacation rental (nightly and weekly) and special events and owner's personal use. We own a 2 acre parcel of land situated in the E1/2NE'/4 of Section 32, 7-89-6 and the W1/2NW1/4 of Section 33, 7-89-6, also known as 0925 Forest Service Road, Garfield County, Colorado. Current property has a 2 bedroom/1 bath with loft cabin. The property is in the north west corner of Sunshine Meadow near the base of Sunlight Mountain Resort. One of the original tow ropes still runs through said property. Owners are proposing to build a second cabin similar to existing cabin but with another bath, and also two separate detached garages (one for each cabin) and a studio caretaker unit above one of the garages. The caretaker unit would be approximately 500 sq. ft. for onsite manager. Hours of operation would be year round nightly rentals based on reservations with a two night minimum stay. The number of vehicles accessing property on a daily basis is subject to reservations; however, usually two cars per cabin and one car for caretaker (max. 5 cars). In the event cabins would be rented for special events, we would propose a maximum capacity of no more that 80 people; very limited parking, and maximum of 6 hours for the event (night or day). Dimensions of additional structures to be built are: 2nd cabin at 25' x 35' and approx. 1300 sq. ft; 2 garages each 25' x 25' with caretaker unit upstairs from one of garages. Electricity service is already accessed to property with Holy Cross Electric. Above ground propane tank will be buried and propane to continue being serviced to property (now with AmeriGas). West Divide Water (contract #FM020530TL attached herewith) is in place to handle legal water rights for this use. Sanitation is an individual sewage disposal system design by Cronk Construction, Inc., to accommodate this request. (See report attached herewith). Thank you for your consideration in this matter. Sincerely, Todd Leahy Kristine Leahy G. Michael Leahy Ruth A. Leahy 6?, At /11 Full Report goo CA.. rid►�s� ��� �1+►�� 5 MASTER Schedule Number R080542 Parcel Number Owner Name LORENTSON, LEONARD E. Property Address Subdivision Property Type District Code 008 District Name Mailing Address PO BOX 932 Mailing City Assessed Value $180.00 Actual Value Taxes $11.43 Lot Block 239532100047 AGRICULTURAL GLENWOOD SPRINGS KOKOMO IN 46903-0932 $630.00 LAND CALCULATIONS Square Feet Acres 18 BUILDING INFORMATION LOT INFORMATION Legal SECT,TWN,RNG:32-7-89 DESC : SEC 32 E1/2E1/2SENE, S EC 33 W1/2W1/2SWNW. EXCE PT A TR LOCATED IN THE A BOVE PROPERTY DESC. ALS 0 A TR CONT .60 AC DESC IN BK1330 PG589. EXCEPT A TR CONT .60 AC AS DES C IN BK1330 PG591 A BND Y LINE ADJ AND BK1330 PG 590. BK:0501 PG:0897 BK: 1330 PG:591 RECPT:597627 BK:1330 PG:590 RECPT:59 7626 BK:1330 PG:589 RECP T:597625 BK:1136 PG:375-3 79 RECPT:547639 BK:0841 PG:0156 BK:0792 PG:0280 BK:0721 PG:0398 TRACT INFORMATION Sec Twnshp Rng 32-7-89 Tract Description SEC 32-E1/2E1/2SENE. SEC 33-W1/2W1/2SWNW. EXCEPT A Sec Twnshp Rng Tract Description TR OF LAND LOCATED IN THE PROPERTY DESC. SALES INFORMATION Book 000841 Page Sale Date 9/8/1992 Sale Price 000156 $316,500.00 FEATURES Full Report MASTER Schedule Number R008690 Owner Name SUNLIGHT MOUNTAIN RESORT Subdivision District Code 008 Mailing Address 10901 COUNTY ROAD 117 Assessed Value $18,980.00 Taxes $1,205.27 Block Parcel Number Property Address Property Type District Name Mailing City Actual Value Lot 239533000703 COMMERCIAL GLENWOOD SPRINGS GLENWOOD SPRINGS CO 81601 $65,440.00 LAND CALCULATIONS Square Feet 0 Acres 0 BUILDING INFORMATION LOT INFORMATION Legal SECT,TWN,RNG:33-7-89 DESC : POSSESSORY INTEREST OF FOREST SERVICE PERMIT TRACT INFORMATION SALES INFORMATION FEATURES Full Report pro • - caat )- MASTER Schedule Number R080538 Owner Name STIRLING PROPERTIES, LLC Subdivision District Code 008 Mailing Address 220 W MAIN ST STE 206 Assessed Value $3,850.00 Taxes $244.48 Block Parcel Number 239532100046 Property Address Property Type AGRICULTURAL District Name GLENWOOD SPRINGS Mailing City ASPEN CO 81611-1765 Actual Value $13,270.00 Lot LAND CALCULATIONS Square Feet Acres 25.28 BUILDING INFORMATION LOT INFORMATION Legal SECT,TWN,RNG:32-7-89 DESC W1/2SENE, W1/2E1/2SENE . EXCEPT A TR OF LAND C ONT 4.72 AC AS DESC IN BK 619 PG 435 AKA HALL -LI FT. BK:0414 PG:0240 BK:1 473 PG:69 RECPT:627993 B K:1380 PG:289 RECPT:6094 87 BK:1259 PG:348 RECPT: 582273 BK:1182 PG:186 RE CPT:562005 BK:1182 PG:185 RECPT:562004 BK:1173 PG :240 RECPT:559423 BK:105 3 PG:0831 BK:0619 PG:043 9 BK:0619 PG:0435 TRACT INFORMATION Sec Twnshp Rng 32-7-89 Tract Description W1/2SENE, W1/2E1/2SENE. SALES INFORMATION [FEATURES GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and s \ (A\ R. 'Q (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for 3 92 C l Q \ U,SP < (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. - 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT • Signature Date: y ) _3 " CD (p t -lc the Let Print Name Mailing Address: Fy3x 3-78 CWS lc7 Page 4 2 00002 01 :1 0 W IP 0 o-3 0W 0 W 0 0 Tcr Ttv r i a{ m -i O 0-1 mm m G) r m z o * o N 17-0C ► (i'oZ 0mt_ o N C1—• o cor co r m m'� W O w 0 VACINITY MAP FOR BUILING PERMIT FOR PARCEL OWNED BY TODD LEAHY, LOCATED IN THE E1/2NE1/4 OF S 32 AND THE W1/2NW1/4 S 33, T. 7S., R, 89W, OF THE 6TH P. M. , GARFIELD COUNTY, COLORADO. W N $ B 1 INCH = 1000 FEET:::::7t,:15:: -,, „ . 0.•U :a.b Q1' • A •• VACINITY MAP DEMING LAND SURVEYING LLC ; MGMLL IMIM ccIMMO 10M1a V _SN d c0 o I+IW imm masa gym SBC MNo =MIN • m =mK NN • � CO O N C q 0 03 3 c u 00 N N0 N a J 0 g a OHock PO W a o0 Q p g o n o W F m 0 co Tr4 W °a E q H F a OF H E 0 Ntll NM U in H HoN ; bG OW N al Plci 44.4 o c4 fq>+ 8> W w4 uNa C0 P 71 ON 4 EA U Q 5C a 0 oHa whose legal address is '8 4-a) w •CT v 70 U w T•C g .. p N .�% a > C a s 0. ro V U m V '6E4 N a ya E 0000 ..o .S v'@ 0 0 w0 O N m m m m H m rn o" 0 y 3 W �" N N N N O'�'10000\ �Y. 1). 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COH ralen 0 b 8 9 v H d 0 N El I rl qq F EWW W H F F F F 1 0 .S F 3 o F N 4 W O :A W W 3 3 W 3 W �i A $ b o w H N H 2 W U N V� N N �i o w m HN a HH to M m NI in —di m\o in q iu N v •' N N U 0 N o M m M mn w o o 0 0 .n b $� gg N w q o 0 0 0 o a Q° gq .� 3 W H M Na o, o 0\ N b v\ H o a,p on 44HmMomoMbao ww v� R a4°i a`" >I El 222222222 L ON E u.0 o 01 Nnl N�yy 4W R 00000000 "U °0' vi q O m 4 U' 0 0 0 0 0 0 0 0 w y in N 08 0A N HONNNN22222 O w T A a -g '$ W 0 0 0 yH2 U F W W W W W W W W > O a F ro 3 `" S H r�yy H H 2 �I U U U U 2U'y 2U2 gUg zUz 2W 0 A� FUF 0M 222WWWWW atm 4 i nd.$[j WR w• WNH2222222 OF 4 -2‘14 2 M g k F F F F F F E -i 02 a 0 O U coO SPRINGS, and State of A 0 w F W CA 40 of the said County of E 925 SERVICE ROAD 300, GLENWOOD SPRINGS, CO 81601 o p, 3 o.o0 o a S a; 0 0) 0 C 144y CN 00 E R d o co0 to 0 0 w m 0 n 0 0. b 00 FG� 7 H w ro 3 5 a' y 42 0 y T) A '0 r m m m Z w 0 w N 2 8 E n 0a n ai A g1-11, 0 0 a a 0 o v N U. v Ars a vv 04 N0 a 0 � w a o y o O co 48i 0 0000 :5 " u 0 N rt y0- y y 4Ca g o0Ra4 y >, 'a o m 0 FEBRUARY, 2002, 0 0 '0 N >4 z 6 a W w z .0 H 0El 'N H u M 0 2 IA 0 3 H o rti W w 5 a 0 x Uo co b0 0. 0 a El o 0o H e 14 U 0 w 8 Pn U o T A" . Witness my hand and official seal. 0 0 oat_ Order Number: 01001585 EXHIBIT A LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE E1/2NE1/4 OF SECTION 32 AND W1/2NW1/4 OF SECTION 33, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA POINT BEING A REBAR AND CAP, L.S. NO. 26950 WHENCE THE NORTH 1/16 CORNER SAID SECTIONS 32 AND 33 BEING A NUMBER 6 REBAR WITH A 3 INCH DIAMETER ALUMINUM CAP BEARS NORTH 16°22'49" WEST 367.83 FEET; THENCE SOUTH 31°01'29" EAST 128.30 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE SOUTH 14°19'47" EAST 148.74 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE SOUTH 09°44'20" WEST 133.98 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE NORTH 80°15'40" WEST 254.18 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE NORTH 09°44'20" EAST 95.31 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE NORTH 12°48'31" WEST 205.11 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE NORTH 66°06'08" EAST 98.09 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE NORTH 85°05'43" EAST 110.30 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO 111111111111111111111111111111111111111 III 1111111111111 597628 02/20/2002 01:33P B1330 P598 M PLSDORF 2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO Apr 10 06 04:35p DATE: West Divide Water C D (97P' 625-2796 p.1 rAtSJMILE TRA ;MISSION COMPLETED ON THIS DATE AT .M. BY WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET, P. O. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE: (970) 625-5461 FAX (970) 625-2796 waterOwdwod.org FAX COVER SHEET - /d-6Co NUMBER OF PAGES (including cove. sheet) / cL TO: -7-0c1 a L P qsR..` FAXNUMBER: q, ? 8 - t O FROM J 0. r\ N\,cAc3.06L, RE: DOCUMENTS SUBMITTED: 0 ©ra\ raj' rn o 0 5 3 0 -T L. (QJ IF YOU DO NOT RECEIVE AIL OF THE Transmitted: Please: For annovai For signature Fwzes4ewand comment AAs requested For your information OTHER MESSAGE: PAGES, PLEASE CALL (970) 625-5461 Sign and return Call uponreceipUnR'iew Call limy questions Apr 10 06 04:35p Revised March 200) West Divide Water C D (970' 625-2796 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT p.2 Contract #FM020530TL(a) Map #24 Date Approved 6/27/02 1. APPLICANT INFORMATION Name: 1O d d }- e a_ Mailing address: n R Glen woo& Springs ,en ?/'b0. - Telephone: (q -/o) 94/ S — Vie Authorized agent: 2. WATER COURT CASE # 3. USE OF WATER t RESIDENTIAL (check applicable boxes) 0 Ordinary household use Number of dwellings: 0 Subdivision: No. constructed units:_ No. vacant lots:_ 0 Home garden/lawn irrigation of sq. R Method of irrigation: 0 flood 0 sprinkler 0 drip 0 other 0 Non-commercial animal watering of animals Well Sharing Agreement for multiple owner wells must be submitted COMMERCIAL (cheek applicable boxes) umber of units: .5 Total sq. ft. of commercial units: 3 / 0 C Descriptionofuse: r e cr'rgi/ort, ilkab(rls TN- eQY``yjkt tAf��xDJ'c �l- 0INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: 0 MUNICIPAL Description of use: 4. SOURCE OF/WATER Structure: 4) eJ 1 Structure Name: L ens \-t . \ W e \\ Source: °Surface °Storage MGround water Current Permit f a 3 a-. 5 a-- (if applicable) fl Direct Pumping: Tributary: Location: 5. LOCATION OF STRUCTURE Ga- eld 5wYq A) Jo '14 County Quarter/quarter Quarter 33 '15 539 w l04hP.M • Section Township Range Principal Meridian 60 44 Ororv— S =r -c ten \.ne. Dislante ofwell from section lines "7 5 4- -- 4 ro r,-' Well location address: Oct a 5 F S -ZOO C,1 enw&A (Attach additional pages for multiple structures) spn bra* AJ se ,:'i r o r % a r t 6. LAND ON 'WHICH WATER WILL BE USED (Legal description may be provided as an atjpchment.) Jrr C X\'b /+ Number of acres in tract: 02 Inclusion into the District, at Applicant's expense, may be required 7. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field I:Central system °Other 'strict name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: J m / / (minhnunt of 1 acre foot) Leased amount based on diversions unless contractee has an augmentation plan or submits supporting monthly engineering data. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly baso A totalizing flow meter with remote readout is required to be installed at the time the well is drilled and usage reported to West Divide, upon request. Applicant expressly acknowledges it has hae opportunity to review the Distritt'sform Wader Allo. - Co' ad and agrees this application is made pursuant a. • swbj . to the terms and conditions contain 'n--' Applicant Signature Applicant Signature Application Date: Apr 10 06 O4:35p west Divide water C D 1.11 acre feet .} -1 § 7) 1- 2f 0O )§ 2 k. w cor - �\ ow )e cc W CC <� & w :A _ § (970, 625-2796 p.3 § k Zo.d <wcasi 4°w838/ ■s■„2,ozoa k 1 LL Z-_6 OLE _T: of -TTo Fform No. OFFICE OF THE STATE ENGINEER $WS zs COLORADO DIVISION OF WATER RESOURCES ( 818 Centemlal Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 8683581 APPLICANT qv st; rar c. Lft fSti.J h5It 1095 WELL PERMIT NUMBER 232522 DIV. 5 WD38 DES. BASIN MD TODD LEAHY 1017 BENNETT AVE GLENWOOD SPRINGS, CO 81601- (970) 945-2244 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 33 Township 7 S Range 89 W Sixth P.M. DISTANCES FROM SECTION LINES 3360 Ft. from South Section Line 75 Ft. from West Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a cM court action. 2) The construction of this well shaft be in compllancewith the Water Well Conslwction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(IIXA) as the only well on a residential site of 2.0 acre(s) described as that portion of the SW 1/4, NW 1/4, Sec. 33, Twp. 7 South, Rng. 89 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is linked to ordinary household purposes inside one single family dwelling. The ground water shalt not be used for irrigation or other purposes. 5) The maximum pumping rate of this weB shall not exceed 15 GPM. 6) The return flow from the use of this wet must be through an individual waste water disposal system of the nun -evaporative type where the water is returned to the same stream system in which the well is located. 7) This weB shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Expired permit 174238, was previously issued for this lot A9- NOTE: Parcel Identification Number (PIN): 23-2395332-03-048 NOTE: Assessor Tax Schedule Number. 080134 S� APPROVED DMW Receipt No.9500583 State Engineer DATE ISSUEDMAY 0 12 4'd 96La-S29 I0LS) 2,, .2,-2k:6,4e-toll AY 412003 B EXPIRATION DATM ❑ 0 .aage0 aro! ATG 3sa[1 dSE:40 90 OT ,adld PROPERTY DESCRIPTION :RESULTING PARCEL ' PAR; :EL OF :ANL: SITUATED IN THE. E %/_ 2NE 1/4, SECTION 32 AND PC W7/2NW 7/4, ECT ION 33, TOWNSHIP 7 SOUTH: Rj!�NCE 89 WEST OF THE 6TH PM. BE WO MORE '4R7✓:'ULARLY DESCR/BED AS FOLLOWS:: 8E.0/A':-ING AT •? POINT BEING A REAP AND CAP, L.S. N0. 26950 WHENCE THF I.'OR7. 7/16 CORNER SAID SECTIONS 32 AND 33 BE'//VG A NUMBER 6 SAI;' WITH 4 3 iNCH DIAMETER ALUM:vU/d CAP BEARS A/ /622':9" ,: 36783 r -ET; "'F?,C'E S 31'0 7 '29" £ 728.30 FEET TO A REBAR AND CAP L.S. NO. 26950: . /ENCL S /4'79'47" E 748.74 FEET„ -0 A REBAR AND CAP, L.S. NO: 26950; THEACi. S 09'44 20 " W 733.98 FEET TOA REBAR AND C4.° LS. NO. 26950: THENCE N 80'75:40" W 254. 18 FEET TO A REBAR AND C4P, /..S NO. 26950; ,THENCE N 0.9-4-7120" E" 95.37 FEET ::70 A REBAR AND CAP• L. S. A'O. 26950,, THE NCE '✓ 12'48'3 '" W 205.17 FEET TOA REBAR AND CAP, L. NO. 25950; %'HENCE A' 66'05'08" 98.09 FEET TO A REBAR .AND CAR L.S. NG, 26950 THE'vCE 4' 8570.5 'din £ 7 70.30 r0 THE POINT 01 5I GINNING. 5449 PARCEL CONTAINING 2.00 -;ORES. MORE OR LESS. s'd 96L2 -S29 (OL6) Q 3 .�8.4efl aptAtQ 3safl d9E:f.0 90 OT -10113 9'd seta -S29 (OL6) O 0 ue em apint0 4saM d9E:40 90 OI .141 REVISED August 2001 Name of Applicant: Quantity of Water in Acre Feet: Contract #FM020530TL(a) Map # 24 Date Approved 6/27/02 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT d L- /. Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq. (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rishts: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water ]eased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity. Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent ofthe Colorado River Water Caxservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal, domestic and related uses, or commercial (except k commercial use flow Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70- W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the L'd 96Le-G29 (OL61 1 Q 3 .re p apTAtQ 4serl d9Et40 90 0I Jdu Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance ofthe District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations goveming releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity ofthe Applicant's allocation not delivered to or used by Applicant by the end of each water year (October t), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion ofthe District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amoum at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception 14o. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees foraltematepoints of diversion ofthe District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors ofthe District from time to time, shall be submitted with the application for consideration by the District. B'd 96L2-SE9 [0L61 2 Q 3 Jagem apiAl0 zsepl dLEtbo 90 O1 Jdu Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, fide or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all ofwhom shall be party to a well sharing agpmuent satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale ofthe real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 6'd ssta-s s t0LS) 3 0 0 .aagem apint0 gsa0 diriyo 90 OT -rdd 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors ofthe District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension ofDistrict delivery 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. 11. Chanae of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use ofthe water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach ofthis Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale ofthe water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach ofthis agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation ofthis paragraph 15 shall be deemed to be a material breach ofthis Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. OT'd 86L2-928 (0L61 4 Q 3 .ra3eM epTATQ gsam dtEtb0 90 OI -ciU 17. Measuring Device or Meter. Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water divested pursuant to the terms of Applicant's water right and the terms of this Contract Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion ofwater by the State ofColorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advicefrom Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own disuetion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHTIN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICTUNDER THIS CONTRACT MAY ONLY PROTECT APPLICANTS WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS TT'd SBt2-S29 (OLE) 5 II 0 ua4ep aptntO 'sept dLEtbo 90 OT udd CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE ' ►i G OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CO LL BE IMMEDIATELY REFUNDED ID APPLICANT. Applicant STATE OF Qd)6 ) ss. COUNTY OF GO.?\.IP'ty� Applicant The foregoing instrument was acknowledged before me on this 14dayof STATE OF COUNTY OF Witness my hand and official seal. My commission ices: �. 3 —0"-- a a aCe0Q- .� Notary Public ) ss. The foregoing instrument was acknowledged before me on this day of Witness my hand and official seal. My commission expires: 206by 20,_, by Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. ATTEST: Secretary WEST DIVIDE WATERVANCY DISTRICT By President Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed at'd 96Lz-S29 IOL61 6 ❑ 3 mate❑ eptAtn 4se(7 dLE:40 90 OT Jdu CRONK 1129 .24. Road CONSTRUCTION • Grand Junction, CO 81505 INCORPORATED 970.245.0577, 970.257.7453 (tax) INDIVIDUAL SEWAGE DISPOSAL SYSTEM DESIGN Date: October 14, 2001 Prepared by: Thomas A. Cronk, P.E. Cronk Construction Inc. 1129 -24- Road Grand Junction, CO 81505 245-0577 Type of Design: New Residence Owner: Todd Leahy 1015 Bennett Glenwood Springs, CO 81601 970-945-2244, 970-618-0756 (cel) Property address: FDR 300, Glenwood Springs, CO Tax schedule No.: Legal Descript: Page 1 of 8 1.0 Site History The site consists of approximately 2 acres of uncultivated native soils. Drainage in the area of concern is approximately 5% to the northeast. A pert test/soils evaluation was conducted on the property by Tom A. Cronk, registered professional engineer (R.P.E.) on 10/04/01 to provide subsurface design parameters for a new individual sewage disposal system (ISDS). Based on results from the 10/04/01 site investigation, an engineered ISDS has been prepared for the property. The 10/04/01 site investigation report is attached for reference as Appendix A. The locations of the perc excavations are shown on the attached plot plan. A discussion of developed design parameters and the engineered design follow. 2.0 Development of Design Parameters The soils observation excavation was extended to a depth of 96" below ground surface (BGS). There was no evidence of ground water or high seasonal water table in the open excavation to a depth of 96" BGS. The soils evaluation indicates one distinct soils horizon underlies the site. A lithological description follows: depth (in.) description 0" - 96" silty clay, gray to blackish gray; hard and blocky; some brown to light brown silty sand The locations of the perc excavations are shown on the attached plot plan. An INFILTRATOR absorption field is proposed for the site. As based on the 10/04/01 site investigation (Appendix A), an average design perc rate of 40 min/in. is chosen for overall system sizing. Page 2 of 8 3.0 System Design An INFILTRATOR absorption field is proposed for discharge of septic effluent at the site. Construction of the system will consist of excavating a level bed in the area of the absorption field. Because of the sloping topography in the area of the proposed absorption field, the initial excavation will range from a maximum depth of 48" BGS to day lighting at the existing ground surface. Upon completion of the initial push out, INFILTRATORS will be used to construct a septic effluent distribution system in the open excavation. The INFILTRATOR effluent distribution system will be installed in accordance with the "Infiltrator Technical Manual", available from Infiltrator Systems Inc., 123 Elm Street, Suite 12, Old Saybrook, Connecticut 06475. Adjacent INFILTRATORS shall be fastened with a minimum of four (4) 3/4" x #8 self -tapping sheet metal or bright brass deck screws to prevent movement and separation during backfilling. The INFILTRATOR system will provide a minimum of 4.0 ft of usable infiltration soil between the septic effluent discharge piping and the extent of the soils observation excavation located at a depth of 96" BGS. After the INFILTRATORS are installed, the absorption field will be covered with a soil cap. The soil cap will consist of a minimum of 10" (18" recommended) of native soil mounded 5% to promote surface run off away from the absorption field. Because the elevation of the resulting cap may extend approximately 22"-30" above the existing ground surface, the soil cap must be extended laterally to the existing ground surface. Sidewall construction of any above ground portions of the soil cap from the perimeter of the absorption field to the existing ground surface shall consist of: • scarifying or disking the existing ground surface under the basal extent of the soil cap sidewall to enhance subsurface absorption, followed by; • maintaining a maximum backslope of 3/1 (33%) from the resulting perimeter elevation to the existing ground surface to minimize erosion. Gravity discharge of sewage from the structure to the absorption field will require maintaining 1/8" to 1/4" fall per 12" length of all sewage effluent lines. If proper fall can not be maintained, gravity discharge of sewage effluent from the structure to the absorption field can not be assured and a lift pump may be required. Please contact the design engineer to address any design modifications necessary for effective operation of the ISDS if a lift station is required. The installer must also confirm the setbacks from property lines, building envelopes, and existing easements shown in the attached graphics are maintained. Additionally, any unknown utility lines, easements, or other adverse conditions disclosed during construction must maintain the required setbacks listed on page 5 of this document. A 1000 gallon septic tank will be installed to provide a minimum of 30 hours retention time for sewage effluent from the proposed two bedroom residence. A non -corrodible filter shall be installed at the final outlet Tee of the septic tank or in the effluent line between the septic tank and the absorption field to limit the size of solids and sludge passing into the absorption field. The filter must be accessible for cleaning and replacement from the ground surface. At the owners request, the absorption field will be sized to handle effluent from eight (8). residential bedrooms Page 3 of 8 generating an average daily sewage loading of 150 gal/day per bedroom. Additionally the absorption field will be designed to handle clothes washing effluent and garbage grinder wastes from activities associated with the eight bedroom loading. The oversized absorption field will facilitate the acquisition ofa conditional use permit allowing the future construction of several guest cottages on the property for commercial rental to tourists. Future sewage loadings applied to the absorption field must be limited to eight (8) bedrooms total to avoid exceeding the design absorptive capacity of the ISDS. Two distribution boxes are required to provide equal distribution of septic effluent from the septic tank to the absorption field. The distribution boxes must be placed on stable native soil or compacted structural fill to prevent settling and assure equal distribution of septic effluent. As discussed above, an INFILTRATOR absorption field is proposed to discharge septic effluent to the underlying sub -soils. As shown in the attached graphics, the absorption field will consist of' 144 standard INFILTRATOR units and shall be 36 ft by 75 ft in lateral dimensions. The absorption field will encompass a gross area of 2,700 square feet with an effective area (15.5 sq. ft.IINFILTRATOR) of 2,232 sq. ft. Calculations and design parameters used to size the absorption field follow. DESIGN CALCULATIONS AVERAGE FLOW FOR 8 BEDROOM HOME @ 150 GAL.IBEDROOM-DAY 8 X 150 = 1200 GAL.IDAY PEAK FLOW = 150% OF AVERAGE = 1800 GALWAY DESIGN PERCOLATION RATE = 40.0 MIN.IINCH A = 211i, WHERE, 5 A = ABSORPTION FIELD AREA Q = PEAK FLOW t = PERC TIMEIINCH A = 1 500 40.0 = 2276.84 SQUARE FEET INCREASE ABSORPTION AREA BY 40% FOR AUTOMATIC WASHER INCREASE ABSORPTION AREA BY 20% FOR GARBAGE GRINDER DESIGN AREA = 2276.84 X 1.6 = 3642.94 SQUARE FEET SIZE ADJUSTMENT FACTOR OF 0.6 FOR INFILTRATOR SYSTEM ADJUSTED AREA = 3642.94 X 0.6 = 2185.76 SQUARE FEET ABSORPTION FIELD SIZED AT 36 FT. x 75 FT. = 2700 SQUARE FEET USE 144 STANDARD (H-10) INFILTRATORS @ 15.50 SQ. FT. EACH FOR TOTAL ABSORPTIVE AREA OF 144 X 15.50 = 2,232 SQUARE FEET Page 4 of 8 4.0 Site Specific Installation/Operation Requirements The owner and system contractor shall be aware and comply with the following installation and system operation requirements. 4.1 Installation - Setbacks, Notifications. and Inspections • All installation activities shall be conducted in accordance with current Colorado Department of Health ISDS Rezulations as well as any relevant Garfield County regulations and requirements. If at any time during construction, subsurface site conditions are encountered which differ from the design parameters developed in Section 2.0, construction activities will stop and the design engineer will be contacted to address any necessary design modifications. • Installation procedures including grade, location, setbacks, septic tank size, and absorption field size shall conform with the attached graphic details. Construction activities and system components will not encroach upon existing easements or utility corridors. A minimum of 6 ft of undisturbed soil shall be maintained between individual absorption elements and the septic tank and/or adjacent absorption elements. Minimum site specific setbacks for system components are: Source Septic Tank Absorption Field Building Sewer water line 10' 25' 10' domestic well 50' 180' 50' dwelling 5' 20' property lines 10' 10' subsoil drains 10' 25' irrigation ditch open 50' 50' lined/gated 25 25' solid pipe 10' 10' • To avoid surface flow infiltration and saturation of the new absorption system, abandonment of irrigation in the vicinity of the disposal system is required. Diversion ditches necessary to divert surface flows around the new absorption bed must maintain the minimum setbacks listed above. • All sewer lines and effluent distribution piping shall be 4 inches in diameter and have glued joints. INFILTRATORS shall be placed level in the absorption field. All lines discharging sewage from the residence to the septic tank shall maintain fall of between 1/8 in. and 1/4 in. per foot and shall employ sweep 90's or 2-45's at all turns. Sewer lines from the dwelling to the septic tank and at least 6 ft from the septic tank outlet must meet minimum standard ASTM -3034. Sewer lines under driveways shall always meet minimum Schedule 40 PVC standards and shall be encased with corrugated metal pipe when covered with less than 24" of soil. Page 5 of 8 • The installer shall not place fill in the open excavation until inspected and approved by the design engineer. Additionally, the final cover shall not be placed on sewer lines, septic tank, or the absorption area until the system has been inspected and approved by the design engineer. The installer shall provide 48 hour notice to the engineer for all required inspections. • The effluent distribution system shall be constructed in accordance with the "Infiltrator Technical Manual" available from Infiltrator Systems Inc., 123 Elm Street, Suite 12, Old Saybrook, Connecticut 06475. • A non -corrodible filter shall be installed at the fmal outlet Tee of the septic tank or in the effluent line between the septic tank and the absorption field to limit the size of solids and sludge passing into the absorption field. The filter must be accessible for cleaning and replacement from the ground surface. • The distribution boxes shall be set level on undisturbed native soil or a structural pad (e.g., compacted fill or concrete) to prevent settling and promote uniform distribution of flow to the absorption field. A 45 degree bend shall be turned down on the septic influent line to damp surge flows from the septic tank and promote equal distribution. • The surface cap shall consist of native soil mounded 5% over the absorption field to promote surface runoff. Backsloping of the surface cap from the cap perimeter elevation to the existing ground surface shall consist using native soil to maintain a maximum slope of 3/1 (33%) to the existing ground surface to minimize erosion. The existing ground surface under the basal extent of the soil cap shall be disked or scarified to enhance subsurface absorption. • The system contractor shall be aware of the potential for construction activities to reduce soil permeabilities at the site through compaction, smearing, and shearing. The following precautions and construction procedures should be employed during installation to minimize disturbance to native soils: i. Excavation should proceed only when the moisture content of the soil is below the plastic limit. If a sample of soil forms a rope instead of crumbling when rolled between the hands it is too wet and should be allowed to dry before excavation continues. ii. Excavation and backfill equipment should work from the surface where at all practical to avoid compaction of the soils at depth. iii. The bottom and sidewalis of the excavation should be left with a rough, open surface. The appearance should be that of broken or ripped soil as opposed to a sheared, smeared, or troweled surface. Any smoothed or smeared surfaces should be removed with a toothed rake or shallow ripper taking care to remove loose residues from the bottom of the excavation by hand if necessary. iv. Care should be taken in placing fill materials in the excavation to avoid damaging the exposed soil surfaces. Page 6 of 8 4.2 Operation - Maintenance and Inspections • The owner shall install a structural barrier if necessary and take precautions to prevent vehicular traffic, excessive surface watering, accidental flooding, or other activities in the vicinity of the absorption field which may compact, saturate, or otherwise alter the subsurface soil parameters used in designing the septic system. • The owner will plant and maintain grass or other shallow rooted cover crop to prevent erosion and promote evapotranspiration over the absorption field. • The owner will inspect and maintain the required mounding and drainage away from the absorption field to prevent saturation from precipitation and surface flows. • To mitigate the generation of preferential flow channels which may compromise the operation of the system, the owner will inspect and prevent intrusion of burrowing animals and deep rooted plants into the absorption field. • The septic effluent filter shall be inspected and cleaned as necessary every six (6) months. • The owner will conduct periodic maintenance of the septic system by removing accumulated sludge from the septic tank every 3-4 years to prevent clogging of the absorption field. Page 7 of 8 5.0 Limitations This report is a site specific design for installation of an individual sewage disposal system and is applicable only for the client for whom our work was performed. Use of this report under other circumstances is not an appropriate application of this document. This report is a product of Cronk Construction Incorporated and is to be taken in its entirety. Excerpts from this report may be taken out of context and may not convey the true intent of the report. It is the owner's and owner's agents responsibility to read this report and become familiar with the recommendations and design guidelines contained herein. The reconunendations and design guidelines outlined in this report are based on: 1) the proposed site development and plot plan as furnished to Cronk Construction Incorporated by the client, and 2) the site conditions disclosed at the specific time of the site investigation of reference. Cronk Construction Incorporated assumes no liability for the accuracy or completeness of information furnished by the client. Site conditions are subject to external environmental effects and may change over time. Use of this plan under different site conditions is inappropriate. If it becomes apparent that current site conditions vary from those anticipated, the design engineer should be contacted to develop any required design modifications. Cronk Construction Incorporated is not responsible and accepts no liability for any variation in assumed design parameters. Cronk Construction Incorporated represents this report has been prepared within the limits prescribed by the owner and in accordance with the current accepted practice of the civil engineering profession in the area. No warranty or representation either expressed or implied is included or intended in this report or in any of our contracts. SEAL Thomas A. Cronk, P.E. Date l z Q, 14, -2ma NOTE: This individual sewage disposal plan is meant to include the following four pages of graphics including: 1) plot plan, 2) septic layout plan, 3) absorption field plan view, and 4) absorption field cross section. The plan is not to be implemented in the absence of these related graphics. In addition, results from the percolation test and soils evaluation are included for reference as Appendix A. Page 8 of 8 LEAHY RESIDENCE FDR 300, GLENWOOD SPRINGS PLOT PLAN OCTOBER 9, 2001 SCALE; 1'=50' NORTH 2 acres perc test locations soils observation excavation 0 NOTE CALL 1-800-922-1987 FOR UTILITY LOCATES BEFORE EXCAVATING ell 1 111 11 11 NOTE PROVIDE 4' CLEAN OUTS AT MAXIMUM 100' INTERVALS IN ALL EFFLUENT LINES EXCEEDING 100' IN LENGTH p// ra 0o. parking a 4O'b*pr ohbP ick! SPRINGS WELLS CISTERN STREAM NOTE THE FOLLOWING SETBACKS MUST BE MAINTAINED! SEPTIC ABSORPTION TANK FIELD 50' 50' 25' 50 DOMESTIC WATER LINE — 10' 180' 180' 25' 130' 25' NOTE GRAVITY DISCHARGE 17 SEPTIC EFFLUENT MAY REQUIRE BERM COVER OVER SEPTIC TANK AND EFFLUENT PIPING TO PROVIDE MIN. OF 12' (18' RECOMMENDED) SOIL COVER 1000 gallon septic tank w/discharge baffle modified to accommodate effluent filter / solls observation excavation / /perc test locations distribution box NOTE MAINTAIN MIN, 1/8'-1/4' FALL PER FOOT OF EFFLUENT LINE FROM FOUNDATION LINE TO ABSORPTION FIELD TO ASSURE GRAVITY DISCHARGE twelve (12) rows of -twelve (12) standard Infiltrators (36'x75' ea.) for total of 144 units repair area LEAHY RESIDENCE FDR 300, GLENWOOD SPRINGS SEPTIC LAYOUT PLAN OCTOBER 9, 2001 SCALE! 1'=30' NORTH N ,9E .! W • • • ----------------- - - - - • • • • .9E N n* r \ "?-1 S 4'02 �i b2 .v06'".e, u s r J sial yo t DISTRIBUTION DISTRIBUTION BOX - W O W K 0 c J .2. 0 w s w a > .1 0 a2 W r V. U re re N G WO_j 23- o WWW N. •-•▪ -1Z o C/00,0%; - - 0 m o m w > 2 020_1 6 R0C-C J CIQ_00 EXISTING GROUND S � in —J 412 OC OCX MO ZUCE Ll XCI ce) cut zeta ko ctZ•Z ,12 .21 c c c c c c c c to —1 CCU ce C� up mai JW CO 14 0 (00= /}/\ 3 Pio—ILI (j\/ SOILS LOG NOTES }\ /\ IIPIX 41P NZ 00 D F -X 20 On OW }DzoPI 14 • APPENDIX A SOILS AND PERCOLATION REPORT CRONK CONSTRUCTION INCORPORATED CRONK CONSTRUCTION • INCORPORATED 1129 •24- Road Grand Junction, CO 81505 970.245.0577, 970.257.7453 (fax) Date: Prepared by: Client: Property address: Tax schedule No.: Legal Descript.: 1.0 Soils Evaluation SOILS AND PERCOLATION REPORT October 4, 2001 Thomas A. Cronk, P.E. 1129 -24- Road Grand Junction, CO 81505 245-0577 Todd Leahy 1015 Bennett Glenwood Springs, CO 81601 (970) 618-0756/945-2244 FDR 300, Glenwood Springs, CO The site consists of approximately 2 acres of uncultivated native soil. Drainage is approximately 5% to the northeast in the area of reference. A percolation test/soils evaluation was conducted on the property of reference on 10/04/01 by Tom A. Cronk, registered professional engineer (R.P.E.). The soils observation excavation was extended to a depth of 96" below ground surface (BGS). There was no evidence of ground water or high seasonal water table in the open excavation to a depth of 96" BGS. The soils evaluation indicates one distinct soils horizon underlies the site. A lithological description follows: depth (in.) description 0" - 96" silty clay, gray to blackish gray; hard and blocky; some brown to light brown silty sand Perc holes were constructed at depths of approximately 60 in. and 72 in. The holes appeared to be well saturated at the time of the test. Results of the percolation test are shown in Table 1. TABLE 1 Page A-1 of A-3 Percolation Test Results FDR 300, Glenwood Springs Depth Time on 10/04/01 Time Pere Rate min/in 16:36 17:10 17:36 ... - Drop (A) 72" - 84" 3.125 4.5 5.625 60/2.5 24 (B) 60" - 72" 4.25 4.875 5.375 60/1.125 53 (C) 72" - 84" 6.0 8.0 8.75 60/2.75 22 2.0 Conclusions and Recommendations Soils at the site appear acceptable for implementation of an individual sewage disposal system (ISDS). The following site-specific considerations should be observed during implementation of the ISDS: • The bottom of the ISDS absorption field should be located no deeper than 48" BGS to maintain 4' of usable infiltration soil above the extent of the soils observation excavation located at 96" BGS. An average design perc rate of 40 min/in. is recommended for overall system sizing. • Care should be taken during construction to avoid compaction and smearing of the exposed infiltrative surfaces and preserve the natural permeability of the native soils. Page A-2 of A-3 3.0 Limitations This report provides a professional assessment of the feasibility of implementing an individual sewage disposal system on the property of reference. The design parameters developed in this document are representative of the site conditions disclosed at the specific time of the site investigation. Site conditions are subject to change from external events both manmade (irrigation or pond construction) and naturally occurring (flooding or excessive precipitation). Cronk Construction Incorporated is not responsible and accepts no liability for any variation in assumed design parameters caused by external events. Cronk Construction Incorporated represents this report has been prepared within the limits prescribed by the owner and in accordance with the current accepted practice of the civil engineering profession in the area. No warranty or representation either expressed or implied is included or intended in this report or in any of our contracts. SEAL Page A-3 of A-3 1, ilawc 03?) Thomas A. Cronk, P.E. (>t Lk) Z1 Date Master Planning log shows Leahy's SUP was approved with conditions back in 9/11/06. But we can't find a resolution ever being issued or signed. SEPTEMBER 11, 2006 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT FOR A RESORT LOCATED NEAR SKI SUNLIGHT OFF OF FOREST SERVICE ROAD 300 — MARK BEAN Todd Leahy and Kristine Leahy, Carolyn Dahlgren and Mark Bean were present. The property is located adjacent to Ski Sunlight off of Forest Service Road 300. Mark submitted the following exhibits: Exhibit A — Mail Retum — Receipts; Exhibit B - Proof of Publication; Exhibit C — Garfield County Zoning Regulations of 1978 as amended; Exhibit D —Garfield County Comprehensive Plan of 2000; Exhibit E — Project Information and Staff Comments; and Exhibit F - Application. Chairman Martin entered Exhibits A — F into the record. Mark stated this is adjacent to Ski Sunlight off of Forest Service Road 300 on 2.0 acres DESCRIPTION OF THE PROPOSAL The applicant is requesting approval of a special use permit for a Resort on the property. The application is to allow for the addition of another 2 bedroom/lbathroom cabin to the existing cabin of the same size. They will also add two garages, with one of them having a 500 sq. ft. studio caretaker above it. Access to the property is off of Forest Service Road 300, which is located above Ski Sunlight. Water will come from an existing well and sewage will be treated by ISDS. Each cabin will be rented out with a minimum of a two -night stay and they anticipate an average of two cars per cabin accessing the property on a regular basis. Staff finds the proposal provides a recreational opportunity for County residents as well as attracting new and returning visitors to the County, does not conflict with the policies of the neighboring US Forest Service regarding access to public lands, and is not located in nor interferes with any designated visual corridors. A Resort is a special use in the ARRD zone district, which may be granted if the Board finds the request meets the following applicable definitions, criteria, and standards provided in the regulations. Definition of a Resort The Zoning Resolution defines a Resort as a "Dude ranch or guest ranch; hunting or fishing camp, cross-country or trail skiing lodge (any of which shall not exceed twelve (12) dwelling units or forty-eight (48) beds or visitor capacity), land used for the purpose of recreation, which provides lodging, recreational activities, dining facilities, commissary and other needs operated on the site for guests or members." The applicant has provided a copy of West Divide Water Contract No. FM020530TL, which provides augmentation for an existing well on the property. The contract provides 1.11acre feet of water for domestic and commercial purposes. The existing cabin on the property has an approved ISD system. The new cabin and caretaker unit will have to build another ISD system or modify the existing system to be approved by the County. The water rights associated with the property are more than adequate to meet the legal and physical needs of the proposed resort. The ISD systems do or will meet the State and County requirements for ISDS. As noted previously the property is accessed by Forest Service Road 300. The applicantion states that the number of vehicles accessing the site on a daily basis for the resort activities will average 4 vehicles. The amount of traffic accessing the site should not cause any significant impacts to the road system. The proposed resort is located on property that is bordered by US Forest Service and Ski Sunlight. Given that the property is surrounded by public lands and ski resort lands, staff does not see any need for screenning or landscaping to minimize the impact on adjacent properties. Regarding lighting, the applicant intends to serve the site with electricity. Any lighting shall be required to be directed downward and inward. This has been made a condition of approval. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners Approve the special use permit request for a resort on the property with the following conditions: 1) All representations of the applicant shall be considered conditions of approval, unless changed by the Board of County Commissioners at the hearing. 2) The maximum number of guests staying at the resort shall be 35. Any occupancy greater than 35 shall require a new land use permit. 3) Any lighting installed at the resort shall be directed downward and inward. 4) All construction shall comply with the 2003 IBC for all building construction. 5) Copy of the revised well permit prior to issuance of the well permit itself. Todd Leahy said they planned for a second cabin on the property. They have owned the property for 6 years. A motion was made by Commissioner McCown and seconded by Commissioner Houpt to close the Public Hearing; motion carried. A motion was made by Commissioner McCown and seconded by Commissioner Houpt to approve the Special Use Permit request for a second unit or for a Resort on the property with the 5 conditions as recommended by staff and adding number the 5t° one — "additional well permit to allow for use on the second cabin" prior to the issuance of this Special Use Permit. In favor: Houpt — aye Martin — aye McCown - aye