HomeMy WebLinkAbout3.0 BOCC Staff Report 05.11.1998BOCC s/tr/e8
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST: SpecialUse Permit for a spring water bottling
facility.
APPLICANT: Lillian Reed, et al
ENGINEER: Jerome Gamba & Associates, Inc'
LOCATION: A tract of land located in Section l, T5S'
R9lW ofthe 6th P.M.; located approximately
five (5) miles north of New Castle.
SITE DATA: 35 acres */-
wATER: SPring
SEWER: Engineered Individual Sewage Disposal
System; evaPoration Pond
ACCESS: CountY F.oad243 drivewaY
EXISTING ZONING: A/R/RD
ADJACENT ZONING: North; West: A/R/RD
South; East. O/S
L RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject tract is located in District C - Rural AreasA{inor Environmental Constraints as
designated by the Garfield County Comprehensive Plan's Management Districts Map ( 198 1;
1984 Plans).
II. DESCRIPTION OF TIIE PROPOSAL
A. Site Description. The subject parcel is 35 acres in size, located approximately five (5)
miles (straight line distance) north of New Castle, on the east side of County Road
243. MainElk Creek flows through the area, creating the easterly boundary of the
parcel. The spring is located at the base of a truncated alluvial fan, west of the Creek.
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C.
Adjacent Land Uses: Land uses adjacent to and in the vicinity of the subject parcel
are mixed, including agricultural, residential and recreational. The Bureau of Land
Management and thq-forgst Service administer sizeable tracts in the vicinity. See
ucrruty maps, pages 9' ll .
Proposal: The applicants are proposing the construction and operation of a spring
water bottling facility that would occupy portions of the southern corner of the
subject parcel. The plant would be enclosed within a 40' X 50' (2000 s.f.) metal
structure and is proposed to operate between 8:00 a.m. and 4.00 p.m., Monday thru
Friday. A spring collection box and pump station would be placed at the source of
the spring, at the base of the truncated slope, which would pump water uphill to the
bottting facility. The applicants propose bottling up to 2000 gallons of water per day,
packaged within 5047, 1.5 liter containers. Three times daily, a pick-up truck with
gooseneck trailer would transport the product to a warehouse located in or near New
Castle. Shipping weight of the packlged product is approximately 3 tons. See
application narrative. pages ll - l a
History: This proposal was to be considered by the Planning Commission in June,
lg97 . Due to concerns for spring development, transportation of the product on
County Roads, structural and aesthetic considerations, and neighbors concerns, the
application was removed from the agenda. The application has since been amended,
and is back for consideration.
MAJOR ISSUES AND CONCERNS
A. Zonrng: The subject parcel is zoned A./R/RD, which allows a "Site for extraction,
processing, storage or material handling of natural resources. . ." upon the approval
and issuance of a special use permit. The Zoning Resolution contains the following
definition of extraction'. "to draw out or forth; hence to derive as if by drawing out;
removal of physicat matter in a solid, liquid or gaseous stote from its naturally
occurring location; the initial step in utilization of a natural resource; examples
include petroleum and natural gaswells, shale and coal mines, gravel pits, timber
cutting."
In staffs interpretation, the above definition and examples contemplate more-intensive
land uses than what is being proposed within this application. The interpretation is
still valid and may be used; however, the impact of the proposal does not, in this
reviewer's opinion, constitute an industrial operation. Section 5.03.07 requires the
following elements be considered for industrial operations:
l. Existing lawful use of water through depletion or pollution of surfoce run-off,
stream flow or ground water.
Diversions from the spring are only proposed when the spring is in priority. If a water
call is placed, diversions from the spring would be curtailed until the call is canceled.
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As long as the proposed evaporation pond is lined with an adequate material, there
should be no pollution to groundwater.
2. Impacts on adiacent tand from the generation of vapor, dttsl, .smoke, noise, glare,
or vibration or other emanations.
AII bottling operations would take place within a structure and any vibration or other
emanation resulting from the operation is expected to be slight or nonexistent.
3. Impacts' on wildlife and domestic animals through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migyation routes, use
of patterns or other distributions.
The footprint ofthe facility, including parking, would be no greater than 3000 square
feet. The evaporation pond, if built, would increase this footprint by an additional
4000 square feet, which would be completely fenced. There should be no negative
effect to wildlife as this coverage amounts to 0.005% of the 35 acre tract.
4. Affirmatively show the impacts of truck and automobile trffic to and.from such
uses and tlrcir impacts to areas in the CounQ.
The applicants maintain that the use is no more obtrusive than a single family dwelling
or an agricultural use, which is supported by the applicant's engineer. Transportation
of the product is proposed to be during "midday hours," typically a time when there
is little trallic on the County Road.
5. That sufficient distances .shall separate such use.fi'om abutting property which
might otherwise be damaged by operations of the proposed use(s).
The nearest residence is approximately 700 feet east ofthe bottling facility's proposed
location. I'here should be no odor or noise generated beyond the normal background
emanations or those that would be associated with a customary agricultural use.
6. Mitigation measures proposedfor all of the foregoing impacts identified and
for the stantlards identified in Sectiort 5.03.08 of this Resolution (Industrial
P erfo rm artc e S tandar ds) .
The applicants propose to landscape the facility, which should diminish visual impacts;
animals would be fenced out of the facility.
Section 5.03 of the ZorungResolution sets forth the requirements that all special uses
must meet, to wit:
l] (ltilities adequate to provide water and sanitation service based on accepted
engineering stantlards aruL approved by the Environmental Health Officer shall
either be in place or .shall be constructed in conjunctionwith the proposed use;
Water Supply: The applicants propose to divert water from the spring only when
their water right is in priority. However, the applicants have been granted a decree
for surface water rights, storage water rights and a water augmentation plan for a
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claim of 4.17 gallons per minute (gpm), or 6005 gallons per day (gpd) See Ruling,
Case No. 96CW277, pages fl:JL. For the plant to divert out of priority, the
augmentation pond would bi r-equiied to be built, with water releases compensating
for water diverted from the spring. (In making its recommendation, the Planning
commission attached a condition of approval, requiring the augmentation pond to be
built )
The water that would actually be bottled would amount to 2000 gpd, or 1/3 the
amount of water subject to the decree. Water utilized for sanitizing the plant is
estimated to be approximately 100 gpd, and water utilized for lavatory purposes is
estimated at l4O gpd. All water would be derived from the spring.
Staffhas visited the location and, although there was no gauging weir installed at or
near the source of the spring, the spring was flowing well in excess of 4.17 gpm.
Staffdoes not know how the flow from the spring is affected by seasonal variations
in groundwater hydraulics.
Wastewater Treatment: The method of wastewater treatment would be the use of an
engineered individual sewage disposal system (ISDS), for the bathrooms contained
in the facility and, conceptually, for the water used to sanitize the bottling equipment
and facility. If sanitizing water cannot be entirely disposed of through the ISD
systerq then a wastewater evaporation pond would be utilized for disposal of water
used for sanitizing the plant. A preliminary design for the pond has been engineered
with a 50olo safety factor of 150 gallons per day, seven days per week. The pond
would be lined with bentonite to prevent leakage and would be fenced to prevent
humans and animals from entering.
2] Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in
place or shall be constructed in coniunctionwith the proposed use;
Access to the site is from County Road243, and an existing, unpaved driveway. The
applicants propose that, three times daily, a one ton pick-up truck with a gooseneck
trailer would transport the packaged product to a warehouse in or near New Castle.
Staff has verbally discussed this arrangement with the Road and Bridge Supervisor
who suggests that the more afes and tires the trailer has, the less impact there would
be to the County Road. Additionally, there is concern for the roadway edge and
shoulder that could be damaged by the expected off-track of the rig as it enters and
exits the roadway. The applicant proposes to reconstruct the driveway entrance and
intersection to prevent breakdown of the shoulder. Staffhas visited the location and
sight distances along the County Road at this intersection are good.
3l Design of the proposed use is organized to minimize impact on andfrom adiacent
uses of land through installation of screen fences or landscape materials on the
periphery of the lot and by location of intensively utilized qreas, access points,
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tighting and signs in such a mqnner as to protect established neighborhood
choracter;
The established character of the surroundin g area is agricultural and rural residential.
In an effort to maintain this character, the applicants are proposing a bottling plant
structure that would resemble a barn. The contemplated structure would be 40'x 50'
and placed on the bench above the location of the spring, outside of the 100-year
floodplain. Staff suggests that to mitigate adverse visual effects, the structure be
oriented with its long axis perpendicular to the nearest residential structure, thus
presenting the shortest side toward the residential structure. The applicants propose
to landscape the site to mitigate visual impacts.
Water Ouality Requirements: The engineering report contains an analysis of the
source of the water flowing from the spring Based on the testing conducted, Gamba
concludes that the spring is not under direct influence of surface water (Main Elk
Creek). Thus, a groundwater supply would likely not require substantial regulation
by the State health department, which could include disinfection andlor filtration.
(Staff has tried to confirm State requirements with Colorado Consumer Protection,
however, has been unable to do so.) A water quality analysis has been submitted,
indicatins the tested water is within allowances for the analyzed constituents. See
repon. p"g" ?te ll
Engineering Concerns: This proposal has created opposition from adjacent land-
owners, resulting in a variety of negative opinions presented for consideration. One
of these opinions has been submitted by Chris Manera of Zancanella & Associates,
stating concerns for potentially diminished water supply to senior water rights,
construction ofthe spring box and hydraulic gradient, lack of c-omplgtlS of the water
augmentation plan and water quality. See ieports, pages ?J'iJ
Legal Opinion in Opposition of the Proposal: As discussed earlier, the applicants
have a decree that is not the senior water right on the spring. Information submitted
by the objector's attorney, Sherry Caloia, suggests that the senior water right owner
has a claim to 2.75 cfs, or 1234 gpm. The most recent letter states that this use may
only be considered if the property is rezoned to Commercial General, which would
allow a plant for processing natural resources into beverages. The Zorung resolution
contains no definition of "beverage," however, Webster's New Collegiate Dictionary
contains the following guidance. a liquid/or drinking; especially one that isnot
water. Thus, it is clear that this application is being considered in the correct manner,
as provided by the underlying zorung. See correspondence, pug"tla:fz
Comments Received: To date, the Planning Department has received the following
comments.
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Letter from Ralph and Connie Hubbell. dated 3/27198. States that since the applicants
have addressed previous concerns, the Hubbells withdraw any previous objections.
See letter, page !I-i-
Letter from Charles Ryden. dated 4/1/98: States concern for over-adjudication of
Main Elk Creekqnd lack of water in portions of the creek during the summer. See
lerler, pug" !S?
Letter from Dave & Denise Doolen, dated 4/1/98. States concern for "commercial
operations" within a residential and agricultural area; explains the use of heavy
equipment og their property; notes concerns for traffic and the County Road. See
leuer, page 5r__
States concerns for traffic, wildlife, and water
Letter from Warren Wailes, received 4/2/98: Opposes the project due to concerns for
water rfihts, {ecreased property values, physical water supply and traffic. See letter,
pases Jt'33
Letter from Brian & Linda Harris, received 4/3/98: States concerns related to traffic,
financial viability ofthlproject and potential increased impact on the rural lifestyle.
See letter. page f I
Letter from Daniel & Tamara Moss. dated 4/8/98: States that after further review of
the applicatioq they are confident that their previous concrrns have been addressed,
and state support ibr the application. See letter, pug" 5l
Various other letters were submitted when this proposal was initially scheduled for
Planning Commission consideration. Staffhas not summarized these comments, but
has attached these letqer-,s aqd the applicant's responses, for review. See
correspondence, pages 31.70
F. StaffComments: This application is somewhat unique in that the proposed land use,
if operated correctly, would have very little impact on surrounding land owners and
land uses. In staffs opinion, the land use does not constitute a true industrial
operation, for the very reason that the contemplated impact is not consistent with
impacts caused by the extractive industry, i.e., mining and oil and gas industries, for
which the ZorungResolution sets forth specific performance standards.
In fact, one could argue that, as a use-by-ri ght, a "retail establishment for sale of
goods processed from raw materials produced on the lot" could be operated by the
applicants without any permitting requirement. If one wants to take the industrial
operations argument to the extreme, "extraction" of natural resources, as defined in
the Zonng Resolution, would require a special use permit for the drilling of a
household water well.
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IV.
In terms of impacts, staffsupports a landowners desire and right to extract a living or
a profit frorn his land, so long as the impacts are mitigated to the point of protecting
adjacent land uses and values. The relative impact of this proposal, if operated
correctly, would have significantly less impact than if the landowner was proposing
a residential subdivision.
SUGGESTED FINDINGS
That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board of County Commissioners.
That the hearings before the Planning Commission and Board of County
Commissioners were extensive and complete, that all pertinent facts, matters and
issues were discussed within the Special Use Permit application and the public
hearing.
That the application is in compliance with the Garfield County Zoning Resolution of
1978, as amended.
4. For the above stated reasons, the proposed land use is in the best interest of the
health, safety, morals. convenience, order, prosperity and welfare of the citizens of
Garfield County.
V. RECOMMENDATION
At its April 8, 1998 session, the Planning Commission voted 6 - 0 to recommend
APPROVAL ofthe application, for the proposed spring water bottling facility, pursuant to
the following conditions:
1. That all representations of the applicant, either within the application or stated at the
hearing belbre the Planning Commission, shall be considered conditions of approval.
2. That the operator ofthe facility shall only divert water from the spring consistent with
the findings and provisions of the court approved water augmentation plan, Case
Number 96CW271.
The applicilnts/operator shall construct the augmentation pond in accordance with the
augmentation plan.
That under this Special Use Permit, the operator shall not bottle more water than is
allowed by the augmentation plan 96CW277 . Any expansion of the facility or the
bottling operation shallbe considered under a separate Special Use Permit application.
The operator shall not transport more than 3 tons of packaged product, per trip and
shall utilize a trailer, as approved by the county Road and Bridge supervisor.
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6. The eastern side of the bottling facility and appurtenant structures, including the water
evaporation pond, shall be landscaped with appropriate screening vegetation.
Minimum requirements are coniferous trees, with at least three (3) inch caliper,
spaced on 50 foot centers.
7. The driveway intersection with County Road 243 shall be reconstructed and
maintained to ensure the integrity of the pavement edge and shoulder.
8. All spring construction shall be consistent with standards set forth by Gamba &
Associates, as contained within the application, and shall meet all applicable State of
Colorado regulations.
g. Development at the spring shall include a weir or similar monitoring device, utilized
to ensure compliance with the augmentation plan.
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Garfield County Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
February 16, 1998
Page I
Re: Special use permit for bottling facility
Eric McCafferty:
We are requesting a special use permit to build and operate a water bottling facility, in
section 1,T5S,R91W,6PM which is located on Main Elk Creek. Please refer to attached
drawings prepared by Gamba and Associates.
The building will be a 40'x 50'metal structure designed and engineered to meet state and
local building codes. We will landscape the site with trees in order to block view of
building from neighbors and to insure that the location will fit aesthetically with
surrounding area. We will install engineered State approved spring box, leach field and
gray water evaporation pond. Please refer to attached drawings prepared by Gamba and
Associates.
Our hours of operation will be from 8:00 A.M. to 4:00 P.M. five days a week. We will
have one, one ton pickup truck with a gooseneck trailer entering and leaving the site three
times a day, delivering the bottled water to distribution warehouse in New Castle. The
shipping weight will be approximately 3 tons. There will be two employees at the facility
to bottle and load the water. There will be two employee vehicles that will access the site
daily
We will bottle'single- service'bottles only. The single service containers and caps will be
shipped to the plant in sealed sanitary containers, ready to bottle without any other
sanitation necessary .This will limit the gray water to the sanitation of bottling equipment
and plant of no more than 100 gal a day. The source of this information is Clark Wilson,
plant inspector with Colorado Consumer Protection. All bottling will be done under strict
State approved sanitary conditions. Please see attached regulations from the Colorado
Department of Health and the Food And Drug Administration.
Access will be existing drive way and flork offat the top to the plant see attached
drawings. All other specifications and questions should be addressed in the attached
documents from Gamba and Associates.
It is our opinion that the bottling facility will be no more obtrusive than a horse or hay
barn, therefore we believe that our facility will be compatible with the surrounding
agricultural setting.
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page2
The impact of our pickup and trailer using the county road will not create a trafEc
problem. This particular county road is already used daily by gravel trucks, Forest Service
vehicles, State Game and Fish trucks, UPS trucks, logging trucks, recreational vehicles
such as snowmobilers with trailers, hunters pulling trailers, campers, motor homes, natural
gas trucks, cement trucks, various farm equipment, and other types of vehicles belonging
to local residents. Gven the above we do not believe that one more vehicle will cause a
traffic problem for the residences who presently live on Main Elk Creek. We believe that
our plan is compatible with the area and it is not our intent to cause a negative impact to
this beautiful area and it certainly isn't our intent to cause any undue stress on our
neighbors.
We are local residents in this area and our family has lived and engaged in agricultural and
commercial business on Main Elk Creek for over 40 years. We feel that any action taken
to deni our permits would be discriminatory to our needs, and force us to act on the use
by right law.
If we are not successful in getting a Special Use Permit we may have to resort to raising
hogs and or sheep. We know that this scenario would be less appealing to the neighbors
and the environment. A much worse scenario, would to be forced into a position whereby
we had to subdivide and sell our property thus influxing more people to our beautiful
valley. However, we would much rather maintain the relative peaceful atmosphere which
presently exists in our area. We feel the bottling plant will be better for all concerned
rather than having to consider these other options. We want to do the right thing to
protect what open space we have left and the environment. We sincerely hope that the
county will approve our Special Use Permit application as soon as possible.
Sincerely,
v' -/) ft/-O--- I :2;*ffi-
Po Box 284
New Castle, Co 81647
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We have in fact looked at all the concerns of the neighbors and the Road and Bridge
Department of Garfield County. Even though there is already considerable semi truck
traffic using the county road, we have at our expense, changed our plan to eliminate
using semis in favor oF a smaller delivery vehicle with our distribution warehouse located
near New Castle and I 70. This should eliminate all concerns since our delivery truck will
be no bigger than a pickup with a horsetrailer, this will also make our facility smaller than
originally planed as we will not need to store our bottles at the plant site.
Sincerely
Roy Reed
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Garfield County Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
February 25,1998
Re: Documents from Sherry A. Caloia andZancanella and Associates.
Attention: Eric McCaffe.ty, Planning Commission Members,
I am Roy Reed requesting special use permit for bottling plant.
Water fughts
Fact #l The measuring device to Brannons ditch has never been properly installed or
maintained, therefore, we have to wonder how they measure the amount of water they are
using. Please refer to submitted video. As you can see from the video, the ditch bank will
be hard pressed to survive another high water run-off without major reconstruction
costing several thousand dollars. If the creek destroys the ditch or the flow of the spring
is altered by beaver, Brannon still has a natural diversion point from Main Elk Creek to
supply his ditch. As the Main Elk Creek has developed a natural point of diversion to
John Roletto ditch #1.
Fact #2 Information submitted by Brannons attorney Sherry Caloia and engineer Tom
Zancanella states that Brannon has the senior water rights of a claim to 2.75 cfs, or
l234gpm.ln fact, the information in his water decree, to demonstrate this claim only
decrees 1.0 cfs, or 449 gpm.
Fact #3 The amount of water that we have the right to use of 6005 gallons per day is a
pittance compared to the amount coming out of the spring, More than 6000 gal of water
a day flows from the spring directly back into Main Elk Creek. This is caused by the
diversions made by the beaver dams, causing more water to divert right back to Main Elk
Creek than we will use, please see video. As you can see from the video, there is more
water coming out of the spring than the Roletto ditch can carry, forcing even more water
to flow directly back to Main Elk Creek before the water reaches Brannons inadequately
installed measuring w'eir. This makes us believe that the amount of water we have the
right to use will not affect Brannon in any manner.
We would also like t<l mention that in Brannons field, just south of our property line,
there is water standing in it through out the irrigation season, the ground is wet and soggy
even when there is no water running in Roletto ditch #1. This makes the land nearly
uncultivatable and all that grows in this field is weeds and grass. We would also Iike to
point out that Main Elk Creek's high water has wiped out a major portion of this field. If
something is not done about the runoffcoupled with the land that has not been cultivated
in years, there willbe no field to irrigate at all. We feelthat if Brannon valued his water, as
much as his lawyer w,ould like to make us believe, that he would be more responsible in
the handling of his land, water and the maintenance of his ditch. As it is, he has to much
unmanageable water in this area and it is ruining his field. His main concern should be
mother nature and the wildlife not us.
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In the event of a call on the stream by senior water rights, diversion from the spring shall
be stopped until the call is canceled. During this time, bottling will continue from stored
water at the plant. If calls on the stream become frequent enough to result in unacceptable
plant shut downs, the augmentation pond shall be engineered and constructed.
We know the cost of building a pond is expensive. We submit to Brannon that we would
help with the expense of constructing a diversion point from Main Elk Creek. Since all
water rights actually come from the main flow of Main Elk, it shouldn't matter. By doing
this he could solve several problems such as his eroding ditch, wildlife and field erosion
problems. This would also allow him to have complete ease of mind in maintaining his
adjudicated water rights and he would no longer have to worry about the beavers building
several separate dams in the over l/4 mile of the spring channel that diverts the spring
water back to Main Elk Creek, thus deleting our expenses of building a pond, saving his
field, and ditch bank. This would also eliminate the impact on the wildlife by not having to
disturb the beaver dams to keep the ditch flowing, and it would also allow an undisturbed
refuge for other wildlife in the area.
Fact #4 New Castle's water supply comes from East Elk Creek not Main Elk Creek,
thus eliminating any need for winter augmentation to New Castle.
Re. Water Quality
Please refer to our submitted water test done by Grand Junction Laboratories and the
spring box application done by Gamba and Associates.
Re. Agricultural or lndustrial uses Special Use Permit Rules
We feel that our bottling operation would cause less water, air and noise pollution than a
hog farming operation. This is because all of the bottling equipment is driven by electric
motors and will be inside an insulated building that will muffle the insignificant amount of
sound being generated. The only other noise will be from automobiles that already exists
in the area, and there will be no smell or contamination of the land or water due to animal
waste.
Re: Vibration
There will be very little vibration if any. Certainly no more than the areas agricultural and
commercial equipment already generate.
Re: Air contamination
The air will be alfected less than.a single family residence produces heating their home, as
we will use solar panels and natural gas to heat our 2,000 sq ft facility.
Re: Water Pollution
The sanitizing agent we will use is chlorine, which is used in all public drinking water and
used by single family residences to clean their laundry. Gven this fact, if it is indeed
necessary lor the safbty of the environment. we will develop a gray water evaporation
pond to eliminate any chance of contamination to the waterways and the environment.
We will also have an approved and engineered leach system for the two employee's waste
disposal. We are also open to suggestions for other sanitizing agents that would be safer
for the environment.
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Re: Traffic
Our operation will not add to the traffic any more than a single family residence or any
agricultural business that already exists on Main Elk Creek, as Rick and myself have
traveled the road daily in our pickup trucks from New Castle to work our ranch for the
last 20 years. Our truck will be less obtrusive than the significant amount of commercial
truck traffic already using this Ct Rd. Ours will be a I ton pickup with a trailer and will
travel during the hours of lowest traffic use on this road which will be the midday hours
when most people will be at work.
Re: Flood Plain
Please see flood plain analysis sheet lA and documents prepared by Gamba and
Associates.
Re: Wildlife
Our spring box is State approved and engineered to eliminate all surlace contamination,
please see attached drawing #3. The design will not restrict the flow of the water,
therefore, this will not effect Brannon, the beaver, or any other wildlife in said spring
channel. In fact we would like to keep our land and the wildlife in its natural state without
Brannons intrusions on the beaver, in this channel, destroying their ponds that is indeed
refuge for other wildlife.
We feel that all of Sherry Caloia and Tom Zancanella's unsupported statements in their
documents are moot. We believe that we can be an asset to Brannon and the wildlife if
indeed we are allowed to.
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DrsrRrcr couRT, WATER DlvrsroN No. 5, srATE oF cor,oRADo
Case No. 96CW277
RULING OF REFEREE
rN THE MATTER OF THE APPLICATION FOR SURFACE WATER RTGHTS, STORAGE
WATER RIGHTS AND PI,AN FOR AUGI'fENTATION
OF:
DARREL L. REED AND LILLIA}I FEED
TRIBUTARY INVOLVED: IITAIN EI,K CREEK,
TRIBI]1TARY TO THE COLORADO RIVER
rN GARFIELD COUNTY, COLORADO
The above entitled Application was filed in october of L996,
and was referred to the undersigned as Water Referee for WaterDivision No. 5, State of Colorado, by the Water Judge of saidCourt, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes L973, known as The Water Right Determination andAdministration Act of L969.
and the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in theApplication are true and having become ful1y advised with respectto thre subject matter of the Application does hereby make thefollowing determination and Ruling as the Referee in this matter,to-wit:
L. The statements in the Application are true.
2. Name, address and telephone number of Applicants:
Darrel L. Reed and Lilllan Reedc/o Roy Reed
P.O. Box 284
New Castle, CO 8L647
( 970 ) 984-26r.6
Billie G. Burchfield
Attorney for Applicants
802 Grand Avenue, Suite 305
Glenwood Springs, CO 8L60L
(97O) e4s-88L8
3. The Applicant requests that the following clairns be awarded:
.17 j
,' , s.|
wATER DrvrsroN 5, fr No. g6cu217
PAGE 2
CIAI}I NO. 1
SI'RTACE WATER RIGHT
4. Name of Structure: Reed Spring
5. Legal description of point of diversion:
Reed spring is rocated in section J., Township 5 south, Range 91_west of the 6th P.M., at a point z5o feet from the nbrthsection line and L80 feet from the west section line of saidSection 1.
6. Source:
The source of the water is from a spring tributary toMain Elk Creek; tributary to the CoLorado River.
7. Date of initiation of appropriation: July 26, tgg6.
How appropriation was initiated: Field investigation withprofessional engineer, analytical water analysiJ and an intentto appropriate.
Dated water applied to beneficial use: N/A
8. Amount clainedz 4.t-t gallons per minute (qpn)or 0.009 c.f.s, conditional
9. Use: commercial, domestic, hydro-electric power generation andfish curture. Applicants intend to bottre water fordomestic consumption and raise fish.
10. Names and address of owner of land on whi.ch structure isrocated: Applicants 4L1o county Road 243, New castre, co8L547
CI,AII.I NO. 2
SI]PJACE WATEP. RIGHT
l-l-. Name of structure: crinetop Ditch, Reed Enlargement
1-2. Legal description of point of diversion:
The headgate is located on the north bank of Middle EIk Creekat a point from which the USLMHES 54 bears south 41' ZBt East236i-.9 feet. The Division Engineer tabulates the point ofdiversion as being in the SwlNwlNEl of Section 26, township aSouth, Range 9t West of the 6th p.M.
Page 2 Case No. 96CWZ77 Reed
,lg 12
WATER DrVrSrON,'s, !E NO. g6CW277
PAGE 3
13. source: The source of the rtrater is from Main Elk creek,tributary to the Colorado River.
14. Date of inltlatlon of appropriation:' July 26, 1996.
How appropriation was lnitlated: Field investigation witnprofessional englneer and an intent to appropriate.
15. Date water applled to benef icial use: N,/A
16. Amount clained: 0.5 c.f.s., conditional "
L7. use: storage for Reed pond, conmerciar, fish culture, hydro-electric Power generation exchange and augrrnentation.
LB. Names and addrees of owner of tand on which structure islocated: App].lcants 4L1o county Road 243, New castre, co8]-647 .
cl,Lnt No. 3
STORAGE WATER RTGITT
L9. Name of Structure: Reed pond.
20. Legal description of piu". ot storage:
The center of said pond lwiff be located in section L, Township5 south, Range 9L wegt of the Gth p.M., at a point 100 feetfrom the north secticin Iine and 100 feet from t-he west sectionIine of said Section 1.
2i,. source: The aource of the water to filr sald pond is viaclinetop Ditch from Main EIk Creek, tributary io the ColoradoRiver.
22. Date of approprlatlon: July 26, L996.
How appropriation rrlaa initiated: Field investigation withprofessicnal engineer and an intent to upp.opiiate.
Date water applled to benef icial use: N,/A
23. Amount clained: 5.0 Acre Feet (AF), conditional with theright to fill and refill in priority.
24. use: conmerciar, domestic, fish curture, hydro-electric powergeneration and augrmentation.
Page 3 Case No. 96CWZ77 Reed
-nD
*ATER DrvrsroN 5, Cu *o. gGcwzTT
PAGE 4
25. Surface area of high water line: 0.5 acre
Maximum height of dam in feet: 15
Length of darn in feet: 250
26. Total capacity of pond in acre feet: 5 AF
Active storage: 5 Af' Dead storage: 0
27. Name and address of owner of land on which structure is
located: Applicant 41,L0 county Road 243, New Castle, eo
8L647 .
CIAI}i NO. 4
PIAN FOR AI'GHENTATION
28. Applicants' Engineer has determined that the net evaporation
loises from the surface of said pond is expected to be 37.23
inches per year. The evaporation from the surface of the 0.5
surface acre Reed Pond is calculated to be as follows:
Inches
o.72
0 .95
L.9r
3.34
4.77
s .96
6.20
5.25
3.82
2.39
r_. t_9
o.72
37.22
The monthly consumptive use associated with the water bottling
operation is calculated to be 2.24 acre feet per year (0.I87
AFlrnonth at the rate of 4.17 gpm) based on a daily bottling of 2000
gallons. The depletion to the stream wiII be r00?.
SOT]RCE OF AUGMENTATION WATER
Reed Pond
Page 4 Case No. 96CW277 Reed
Month
January
February
MarchApril
May
JuneJuly
August
September
October
November
December
Total
Net Evaporation( Acre Feet)
0.03
0.04
0.08
0. L4
o. 20
o.25
o-29
o.220.t6
o. t_0
0.05
0.03
r-.56 AF
t, |rU e
wArER DrvrsroN 5, Qe No. g6cw277
PAGE 5
At such times as there is a valid Itcalltt on Main E1k Creek orthe Colorado River by holders of senior vested water rights,releases of water will be made from Reed Pond into the drainagechannel of Reed Spring to compensate for the depletions caused bythe evaporation from the surface of Reed Pond and the waterbottling operation. Diversions into Reed Pond will be subject tocurtailment when there is a I'cal1rron Main E1k Creek due to theColorado water Conservation Boardrs appropriation for a minimumstream flow
The Referee, having examined the information submitted by theApplicant, and having cornpleted the investigations necessary tomake a determination in this matter, does therefore conclude thatthe claims in the above entitled Application should be granted as
ShOWN AbOVE, SUBJECT, HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF
OTHERS and to the integration and tabulation by the DivisionEngineer of such priorities in accordance with Lavr.
Application for a Finding of Reasonable Diligence shaIl befiled in the same month as the decree herein is entered every sixyears after the entry of the decree herein so long as Applicantdesires to maintain the conditional water rights herein awarded, oruntil a determj-nation has been made that such condj.tional rightsare made absorute by reason of the completion of theappropriations, or are otherwise disposed of.
The Plan for Augmentation requested wi]1 not injuriouslyaffect the owrlers of or persons entitLed to use water under avested water right or a decreed conditional water right, and. theplan for augnnentation should be approved in accordance with C.R.S.37-e2-3Os(3).
Pursuant to c.R.s. 37-92-305(8), The state Engineer and theDivision Engineer rnay lawfuIly be required under the terms of thisRuIing to curtail out-of-priority diversions from Applicant's d.itchand pond at any time when the consumptive use associated withAppticant's diversions exceed the net amount of replacement wateravailable under this plan for augTmentation
Appricants sha11 deverop a mcnthly accounting formsatisfactory to the Division Engineer and shall keep a honthlyaccounting of diversions and. depletions as required ny tne DivisionEngineer.
It is accordingly ORDERED that this Ruling shall be filed withthe Water Clerk subject to Judicial review.
rt is further ORDERED that a copy of this Ruling sharr befiled with the appropriate Division Engineer and the StateEngineer.
Page 5 Case No. 96CW277 Reed
tD 7l t)
WATER D IV IS lOii 5 ,
PAGE 6
Dated
Dated
NO. 96CW211/-A CF
o 7a
.L
Cosy of the foroqor nffitiea to att
:lc.tirsel ol record'1ailatgZ
1ii"tuo,.--oiv. pgr(neer-'and, g . q ], /P
sratl-7f,n;inaeriDate -/ -'r 0 / r Dr,l/L/ . t:_zt/ '
arn..i.,f $'--vor.q1 | lu
Water Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter, and accordingly the
foregoing nurlng E -;firrned. and approved, and is rnade the
Judg:ment .ra -O"Jree of this Court; provided however, that the
approval of this Plan for Augunentation shall be subject to
reconsideration by the water JudgL on the guestion of injury to the
vested. rights of -others during'iny hearing commencing in the two
calendar years -succeedi"g - ih-" y6.t in *ni.cn this decision is
rENdCTEd.. TIIE MONTH FOR FILING AN APPLICATION FOR A FINDING OF
REASONABLE DILIGENCE SHALL BE uaRcs ron:
,,:t'"":i!l$##:: r", r,
staie enginoer-4oare tr
,
Page 6 Case No. 96CW277 Reed
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6JoHN c. J*raRT & co.
GRANI JUNiiION LABORATORIiS
435 NORTH AVENUE . pHoNE 242-7618 . GRAND JUNCTION, COLORAOO 8t5ol
AI{ALYTICAL REFORT
Roy Reed
Received from:
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Customer No.
Date Received
[abor.tory No.Sample.
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J,HN ". ,tt^Rr & co-
JUNITION LABORATORIIS
AVENUE . PHONE 242'761a '
ANALYTICAL REPORT
Roy Reecj
'lA4- ?e 1 ,5
GRAND JUNCTIONT COLORAOO 8150t
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Di r-ector:B. Bauer
P.O. Box 1908
1005 Cooper Ave.
Glenwood Springs,
co 81602
(970) 94s-s7OO
(970) 945-1253 Fax
ZaxcanELLA AJro AssoqarEs, lftc.
April 2, 1998
Mr. Eric McCafferty
Garfield County Planning Deparlment
109 - 8th Street, Suite 303
Glenwood Springs, CO 81601 Via Hand Delivery
RE: Reed Special Use Permit Application - Water Bottling Plant
Dear Eric:
Zancanella & Associates, lnc. has been requested to investigate potential impacts from the
proposed water bottling operations to the irrigation water rights utilized by James Brannan
who neighbors the Reed property to the south. We have also prepared some general
comments related to water quality issues surrounding the project. This letter should be
considered supplemental to our previous review.
The Brannan property currently utilizes irrigation water rights in the John Roletto Ditch No.
1 to flood irrigate pasture grass crops along the valley floor of Main Elk Creek. The water
rights lotal 2.75 cfs and are split among two priorities which were both supplemental
adjudications on Elk Creek. The ditch rights are somewhat unique for a irrigation water
right of this magnitude in that their decreed source of supply is provided entirely by a spring
which discharges adjacent to Elk Creek. This is the same spring which is proposed to be
utilized in the Reed application. The advantage of having a large spring fed irrigation water
right is not having to rely on the construction and maintenance of costly diversion
structures and headgates within the main stream channel. The disadvantage of these
rights is that the physical flow to the ditch is supported entirely by the physical production
rate of the spring and can not be supplemented by creek diversions.
Both Warren Wailes, the current irrigator of the Brannan property, and historic diversion
records of the ditch have indicated that a majority of each year the spring flows are less
than the decreed flow amounts for the John Roletto Ditch No. 1 rights. ln order to prevent
injurytotheJohn Roletto Ditch No. l waterrights, we believe itis imperativethat; (1)No
construction activities be completed which could physically reduce the spring production
rate; (2) Any diversions from the spring under the Reed junior water right should be fully
augmented to the sprrng during periods of administrative water right calls.
Phvsical Suoolv
We have reviewed the design drawings prepared by Jerome Gamba and Associates dated
January 9, 1998. A perforated manhole spring collector is proposed to be constructed into
the hillside approximately 50 feet above the spring discharge area. The collector will
gravity feed to a 500 gallon storage tank to be located just above the existing spring
Page -l-
6rrongenn6 Coa flJcrAtrry
-l('
ful, ffi!{rts;il.
i*.g:_::-il
GAFt'ier-r-; Ci,/.nl i /
discharge area. The proposed design does not require the placement of any fill in the
spring discharge area. We believe this should be a condition of any construction activities
to insure that the spring production rate is not reduced and the 1OO-year floodplain is not
effected.
The installation of the storage tank should also be above the water table level to prevent
blocking of the spring flow paths, floating of the tank, and the possible back flow
contamination from the exposed surface of the spring discharge area. Under the current
configuration, a relatively steep ground water table would be required at low water level
condilions to gravity feed a storage tank constructed above the water line. The top of the
tank needs to Ue lower than the supply line from the spring collector. As an example, if a
4-foot high tank is installed above the water table, then the water table would have to have
a slope Lf "ppro"imately
8o/o (A-foot rise over 50 feet length) back to the spring for the
proposed system to flow by gravity.
We believe the water table will be relatively flat due to the high permeability of the alluvial
deposits along the valley floor. The water table level above the spring should be confirmed
to support the ability to construct the proposed collection and storage system. We are
conceined that if a low water table level is encountered significant additional construction
to develop the spring will be necessary. This could result in injury to the Brannan water
rights. Without more data on water table levels the construction plans are premature.
lf a gravity system can not be developed then pumps would have to be installed to develop
the lhysiial supply. Pumps installed in the spring box would change the classification of
the spring to a well and would require a new water right filing.
Water Rights
ln the recent application, the Reed's propose to not construct the augmentation pond which
was decreed in Case No. 96CW277 to replace spring diversions. The Reed's represent
that they will rely on the 1996 junior Reed Spring water right of 4.17 gallons per minute'
Under this proposed operation, the Reed Spring right would not be entitled to divert the
entire irrigation season (April to October) when the John Roletto Ditch No. 1 would be
diverting. Historic diversion records indicate that during high runoff years a short period
of around two to three weeks exist when physical flows of the spring are high enough to
support the decreed entitlement of the irrigation rights. However, during these periods the
neeO Spring rights would still be subject to other downstream senior water right calls on
Elk Creek or from the Colorado River.
The reliance on a 1g96 junior water right makes this commercial use very limited. For
water supply planning puiposes we typically plan for providing a year round augmentation
supply. AugmentatiJn'is required for irrigation rights locally and to the Colorado River
auiing the growing season and also during the non-irrigation season to protect against
Page -2-
- 2l-
administrative curtailment from development of numerous conditional rights on the
Colorado River and from Colorado Water Conseruation Board in-stream flow rights. We
believe the bottling operation will require future construction of the pond to provide a
reliable supply. The pond design should be included with the special use permit review
even if the applicant elects to postpone the construction of such a structure.
Water Quality
We understand the water supply will require treatment to meet state water quality
standards based on discussions with the Colorado Department of Public Health of
Environment (CDPHE). Commercial water producers are regulated by the CDPHE
consumer protection division and also by the Food and Drug Administration (FDA). Clark
Wilson of the consumer protection division indicates the water quality requirements of the
bottled water operations are similar to state standards for community water systems.
Disinfection will be required. Disinfection by most municipal water providers is done with
chlorine. We understand that chlorine is not the preferred alternative by bottled water
sellers due to residual chlorine which can be the tasted in the water. We understand that
water bottling plants typically utilize other technologies such as ozone or ultraviolet
radiation for disinfection. Community water systems require operation by a licensed
operator.
A future particulate test will also be required from the spring to determine if it is under the
influence of surface water. Surface waters would require filtration treatment of the supply.
lf multiple structures are required for treatment facilities, then they should be included on
the application. We are currently assuming that all water treatment facilities would be
housed in the proposed water bottling plant building. Based on water quality requirements,
substantial treatment facilities could be required for this project.
lf you have any questions, or require additional information, please call our office at (970)
945-5700.
Very truly yours,
Zancanella & Associates, lnc.
CM:cm
cc: Mr. Jim Brannan
Ms. Sherry Caloia
\\Gateway 48650\f\974 1 4\lvtcCafferty2.wpd
-7?
Manera, P.E.
1 Page -3-
" P.O. Box 19O8
1005 Cooper Ave.
Glenwood Sprlngs,
co 81602
!lq1q rir^, filJHL,
(970) 9rr5-57o0
(970) 945-1253 Fax
$i:+
ZaxcarELLA Ano AssoqarEs, tf{c.
June 5, 1997
Mr. Eric McCaffertY
Garfield County Planning Department
109 - th Street, Suite 303
Glenwood SPrings, CO 81601 Via Hand Delivery
RE: Reed Special Use Permit Application - Water Bottling Plant
Dear Eric:
Zancanella & Associates, lnc. has been requested to investigate potential impacts to
water rights utilized by my Mr. Jim Brannan who is the adjacent propely owner (south)
of the Reed property
"tong
Main Elk creek. we understand that the Reed's are
requesting a speciai use pLrmit to allow for the development of a water bottling
operation. The proposed business includes the development of an existing spring
which is located adjacent to Main Elk Creek and a bottling plant proposed to be
constructed within " 50' , 100' building. we have concerns that the proposed
operations could injuriously affect the water rights owned by Mr. Brannan' ln addition
to concerns over *it"r rights, we believe there exists water quality concerns
associated with the use oJ tne spring and from any waste water flows generated at the
site. we have summarized our concerns in this letter.
Water Rights
we understand that Mr. Brannan owns the irrigation water rights in the John Rolletto
Ditch No.1 totaling2.75 cubic feet per second. These rights have historically been
used to irrigate the Brannan property to the extent that water has been physically
available. The ditch is located adjacent to the creek but does not have any diversion
structures constructed into the stream. The ditch is rather somewhat unique among
irrigation rights in that the decreed and physically available water are supplied errtirely
from flows from the spring. We believe'thit the ipring proposed for use by the Reeds
is the same source oi *"t"r which has historically provided the supply to the John
Rolletto Ditch No.1. Reed's proposed diversions from the spring would reduce flows
physically available to the diich. The approximate location of the spring, ditch, and
property owners are shown on the attached general Location map (Figure 1)'
The spring discharges is in a channel that parallels the creek for a distance of
approximitely 200ieet. The spring area appe"t1t9 be a section of older stream
channel which is supplied by streairflow in Main Elk Creek and is therefore dependent
on water levels in the creek. Based on inspection of available diversion records and
discussions with the current irrigator, the physical flow in the spring is typically less
Page -l-
6rrorrgenn6 CoN sttLTAtrts JUil 0 5, i99a
-ZJ-
I
than the decreed flow rates of the John Rolletto Ditch No.1. lt is expected that other
than periods of peak flow on the creek (spring runoff), the John Rolletto Ditch will be
placing a call against any junior rights in the spring during the irrigation season.
ln Case No. 96CW277,lhe Reed's developed junior water rights for a spring, pond,
pond feeder ditch, and a plan for augmentation to replace out of priority diversions.
The augmentation plan allows the diversion of the junior Reed Spring right when
replacement water can be substituted from the proposed Reed Pond to satisfy
downstream rights. The Reed Pond is to be filled from a junior right in the Cline Top
Ditch No.1. The augmentation plan proposes to make releases from the pond to satisfy
any out of priority spring diversions. We believe the augmentation plan correctly
identifies that the pond should replace diversions to the spring channel. The
augmentation plan limits the use of the spring for bottling water at a maximum of 2,000
gallons per day or 2.24 acre feet per year.
We believe the current plan could replace the bottled water uses if a properly operating
augmentation pond, delivery pipes, and measuring devices were constructed. We
have not seen any proposed design details related to the augmentation system. Prior
to construction of such a system the diversions from the spring would be curtailed a
majority of the year either from the John Rolletto Ditch or downstream senior rights.
We believe an engineered system including a lined pond will be required to insure
proper operation and protection against Brannan's water rights.
The "Plans for Proposed Use" submitted to the Garfield County Planning Department
identifies the developrnent of bottling facilities within the proposed building. No
employee estimates were identified but the traffic estimate of 6 personal vehicles per
day was provided. The plant will require a water supply to provide restroom facilities
and process water for equipment cleaning. The employee and plant water use was
estimated in the application to be 100 gallons per day. We believe this estimate to be
low assuming the employee demands by themselves would be approximately 95
gallons per day (6 employees x 15 gallons/day). The source of supply for these uses is
not identified in the application or in the augmentation plan. We believe that if process
water for equipment cleaning is higher than the current estimate, the water demands for
the operation could exceed the limits of the current Reed Spring rights and
augmentation plan.
Water Quality
Health department rules will require a determination if the source is classified as either
"groundwate/' or is influenced by "surface waters". This test is based on a particulate
analysis of the spring flows. Based on the close proximity of the spring to the creek
Page -2-
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and the ponding area around the spring and ditch we believe it is probable that the
spring will be influenced by surface waters. lf the source is surface influenced, the
health department could require filtration and disinfection of all diversions. Based on
our experience, filtration costs can greatly affect the feasibility of small potable water
systems.
Spring box construction typically requires isolation ditches, drains, and impermeable
caps around the structure to prevent surface contamination. Fencing around the spring
area will also be required to protect against human or wildlife contamination. Attached
is a portion the Colorado Department of Public Health Design Criteria for Potable
Water Systems (March 31 ,1997) covering requirements for spring development. Based
on the topography of the spring location, we do not believe the spring will meet health
department requirements unless considerable construction activities are undertaken.
We believe the construction of any of these items (drains and cover fill) would
adversely affect the springs water production rates and thereby reduce the flows
available to the John Rolletto Ditch No.1.
We request that any spring box construction be engineered to meet Department of
Health criteria and designed to insure that any construction activities do not affect
(reduce) the underlying hydraulic production capabilities of the spring which is
currently available to the ditch. For example, an impermeable cap placed over the area
around the spring box could force the spring water to discharge in other locations away
from the ditch. Further, we believe the spring is located within the 1O0-year flood plain
and will require that installation of any structures or fill will not adversely affect
upstream or downstream properties.
Summary
Under the current plan for augmentation we believe the water rights owned and
historically utilized by Mr. Brannan can be adequately protected if the augmentation
system is properly functioning. We believe an engineered pond and delivery system
should be required to provide this assurance. The source of water supply for employee
and process water uses has not been identified in the augmentation plan or in the
county. We would like to see a detailed estimate of these water demands if they are to
be diverted from the spring, in particular process water requirements.
The health department requires a number of protection barriers around the area of
spring development. We are skeptical that the health department criteria can be met
without reducing the flows historically available to Mr. Brannan's water rights or
by adversely affecting the floodplain. We believe engineering analysis will be required
to examine these issues and demonstrate the development potential of the spring.
Page -3-
-lO-
lf you have any questions, or require additional information, please call our office at
(e70) 945-5700.
Very truly yours,
Zancanella & Associates, lnc.
CM:cm
Encl.cc: Mr. Jim Brannan
Ms. Sherry Caloia
L:\9741 4\AtlcCafferty.wpd
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John Rolletto Ditch #1
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mate OnlwScale 1" = 1000'
Generol Locotion Mop Mr. Jim Bronnon
Moin Elk Creek
FIGURE III
1
PLAN Ng.
L \e7ara\n91
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oo
STATE OF COLORADO
DESIGN CRITERIA
FOR
POTABLE WATER SYSTEMS
Colorado DeParment
of PublicHealth
*dfuyfuenmeot
WATER. QUALITY CONTROL DIVISION
Revised March 31 , 'i 997
.rr-
Price: $5.00
.[',!
H
Hu-r
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PART 2 - GROUND WATER SOURCES
This section applies to source water that is to be classified as a ground water source.
2.1 GENERAL WELL CONSTRUCTION
2.1.1 All wells shall be constructed in accordance with the latest edition of The Rules and
Colorado's State Board of Watet
Contractors
2-1-2 Wells shall not be constructed in close proximity of a watenray or in a geological
formation which would allow direct intrusion of surface water.
2-1.2 ' A microscopic particulate analysis of the product water may be required on a case'
by-case basis depending upon the well log information and the hydrogeologic
conditions-
2.1.4 Wells should not be constnrcted within the 10O year flood plain. Wells within the 100
year flood plain shall be designed to prevent damage or contamination by the 100
ear flood event.
2.1.5 All wells shall be protected from surface contamination through use of a sanitary
seal.
2.1.6 Sanitary seals shall be designed to prevent the entrance of liquids and solids, and
shall include a water tight port for electrical connection.
2.1.7 Vents shall be covered with 24 mesh, corrosion resistant screen.
2.i.8 The ground level gr:ading must be such that any surface water.will be diverted away
from-the well for JOistance of 20 feet. Wells with a static water level of less than 100
.nl' feet from the surface, should have a four-foot diameter (minimum) concrete pad
,'- ,-- ---^it--u poured around the well casing.
2.1.g No well shall be located doser than one hundred (100) feet horizontally to any source
of contamination. Potential sourc€s of contamination include septic tanks, sewer
lines, storm sewer lines, petroleum tanks, etc. A system may request a variance
prepared by a professional engineer or a professional geologist based on hydro-
geologic information.
2.L 10 Wellvautts are not permitted unless a variance is granted based on positive gravity
drainage of the vault through a floor drain to daylight'
2.2 SP-RING CONSTRUCTION
2.2.1 Springs should not be constructed within the 100 year flood plain or in areas subjecl
to flo-oding. Springs within the 100 year flood plain shall be protected against
damage oi contamination by the 100 year flood event'
MEti ll. 199?
o
{
2.2.2 Springs shall not be constructed in an area where eithei under ground or surface
contamination can impact such water source'
2.2.3' Springs shall be enclosed by reinforced concrete walls and cover' or other durable
and watertight material'
2.2.4Springboxesshallhaveanoverlapping,lockable,watertightarcesscover.
2.2.5 water from springs shall be.canied by gravity flow directly into storage or the
distribution system. pumping itlifo*"Ooiry from a sump or other storage'
2.2.6 A microscopic particulate analysis will be. performed on the project water fotlowing
e,ompletion'of the spring cof fectoitor each spring' These resuits will be submitted
to this Department for final determination of the source as a surface or ground water'
Thosespringsdetermifredtoue'innuencedbysurfacewatermustmeetallsurface
water fi ltration requirements'
Spring Design witl include:
2.2.7 screened drain pipe with exterior valve;
2.2.8 overflow pipe just below maximum water level elevation protected by 24 mesh
screen;
2.2.g suppty outlet from spring will be located 6 inclres above drain outlet and be protected
' : bY 24 mesh screen;
2.2.loperforatedcollectionpipe.seeinfiltrationgalleryrequirementSection2.3;
2-2.11 an earth cover, natural or fill, of at depth.leasti feet should be provided over the
water bearing strata and ,nouia-",,t"nAlt least 50 ieet on a radius from the point of
out-crop. 'Hfr"r"l*"r-rii,"i*"t"i p."tfabric,ryo" required as a seepage baniec
2.2.12 a surface water drainage ditch shall be ldcated approxima.t ely 25 feet uphill from the
source ,J; "H;d;i;r*
*"i". runoff ,no "atry
it away from the source;
2.2.13afenceshouldbeconstructedtoprevent.?.Iry?funauthorizedpersonsandallbut. small animals. This fence tn"rr''" uphill oi tnt aoinage ditch and completely
surround the collection area'
INFILTRATTON GALLERI ES
2.3.1 A microscopic particulate analysis.will be Performed on the product water following
c,ompletion of the infiltratio-n'g"rr".y. ..in"'"'results wili be submitted to this
Department for final determinJtion or the source as a surface or ground water'
Those infiltration galleries A"i"'min"O to be influen""O UV surface water must meet
all surface water iltration requirements'
2.3.2lnfiltrationgalleriesshouldnotbeconstructedwithinthel00yearfloodplain.
rnfirtration gareries construc;; *i1nin the 1oo-ve9in9"a plain shall be protected
ilain=i;;'i"g" or contamination by the 100 vear flood event'
&
A
i
2.3
o$-
Mttdr 31, 1997
Cl,I,or.l, e Hourr, P.C.
ATTORNEYS AT LAW
I2O4 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 8I60I
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P KOZELKA
TELEPHONE: (970) 945,6067
FACSIMILE: (9'7 0) 945'6292
E-mail: caloia&houPt@ soPris.net
April2, 1998
Hand Delivery
Mr. Eric McCafferty
Garfield County Regulatory Office
and Personnel
Departrnent of DeveloPment
109 Eighth Sfteet, Suite 303
Glenwood Springs, CO 81601
Re: Application of Reeds for Water Bottling Plant on Elk Creek
Obiector: Jim Brannan
Dear Eric:
I would like to supplement my previous response to the Reeds application in light of the
changes that were made to the bottling plant application and have the following comments. I
no* understand that the Reeds are not only applying for the right to extract water from the
ground and treat it but to also have a bottling plant and to bottle the water for retail sale.
Zoning.
The use does not comply with the zoning of this property.. This area is zoned A/R/RD.
A beverage bottling plant located in this area is classified as a commercial use which is not
permitted in the District at all.
The revised application submitted by the Reeds request the rigltt to construct a
springiwell, to withdraw water from the spring, construct a processing and bottling plant, to
pio".ir that water, to treat the water, bring in and sterilize bottles, bottle and label the water for
iale in retail establishments. This activity is a commercial use permitted only in the
CommerciaVGeneral zone district.
The extraction of a natural resource, processing it and hauling it off the property is an
industrial use permitted by Special Use Permit in the A/R/RD Zone District. The Reeds are
engaging in this activity and then taking this one step further, and treating the water, processing
it;J bottling the water for retail sales. This is a commercial use, no different than if this was a
brewery, soda factory, tomato bottling plant, etc.
If you will review the specifies of the Garfield County Code which identi& uses
permitted in the CommerciaUGeneral area, you will note that under "Uses-Special" in Section
BRANNAN-McCaffcrty-1tr- I -rL
i
Carou r Hourr, P.C.
Mr. Eric McCafferty
Page2
April2, 1998
3.0g.03, it specifies that a special use in the C/G District is allowed subject to conditions listed
hereunder;
"plant for processing natural resources and agricultural materials
into food and beverages"
This is exactly what the Reeds are seeking to do.
In my previous letter, I discussed that extracting and processing of water is an industrial
use permitted
-by
special use within the A,/R/RD zone district. Such uses are defined in Section
3.02.03 of the Code as
"site for extraction, processing, storage or material handling of
nafural resources'"
While this section does apply to the extraction of water from the ground and hauling it off
the property (even though it actually is intended to apply to the extraction of sand and gravel, oil
or natuial gas and othei mining activities on the properly), it does not apply to a bottling plant.
When a Uuilding must be installed, a treatment plant installed, bottling operation with continual
traffic to and from the property to bring bottles and labor in, and to haul the finished product to
market, a different use arises.
The designation as an agricultural use does not fit at all. Agricultural uses are defined in
the Statutes and the Garfield -ounty Code as farms, gardens, greenhouses, nursery, orchard,
ranch or small animal farm for the production of poultry, fish, fur bearing or other small animals
and customary accessory uses, (see also, C.R.S. $ 35-1-102(1) where agriculture is defined as the
science and art of production of plants and animals useful to man...."). Agricultural requires
growing plants and/or animals on the property. Such does not encompass the extraction of water
from a spring, processing it, bottling it and bringing it to market.
The only categorization of the use that is within the guidelines of the Garfield County
Zoning Code is that iiis a special use in the CommerciaVGeneral zone district. The Reeds must
apply -fo.
" ,"rorring in ordei to effectuate this particular use as they have now defined it.
Water Concerns.
The revised submittal that the Reeds have made significantly expands the amount of
water and processing to be done on the site and from the spring. The previous application
requested tire right to extract about 2,000 gallons a day from the spring for processing. The
current request ii for 6,000 gallons per day. This proposed use is three times as large as it was in
the past. Ii is wholly outside the confines of the water augmentation plan that was decreed by the
Reeds for this use on the property in Case No. 96CW277.
BRANNAN-M cCaffcrty-1tr- I
-rT
Clron c Hourr, P.C.
Mr. Eric McCafferfy
Page 3
April2, 1998
The water augmentation plan decreed by the Reeds in Case No. 96CW277 was decreed
by Darrell and Lillian Reed for this property and this purpose specifically.
The augmentation plan contemplates the extraction of 4.17 gallons per minute as a
maximum flow] This flow right is further limited by the augmentation plan that was decreed
t[ffier
-erl6e
augmentation plan states that the operation is calculated to use 2.24 acre feet per
year (0.187 acre fo-ot p., *orti or 2,000 gallons per day) at a rate of 4.17 gallons per minute. If
diversions are made i+ ho*r per 0a1,, the extraction could physically be increased to 6,000
gallons per day. However this is not authorizedby water court.
The augmentation pond that is to be built is to built to a capacity of 5 acre feet. When
you calculat" th" *o,,nt of net evaporation from the pond (calculated to be 1.56 acre feet) and
ihe need to have available 2.24 acre feet per year such amount is 3.80 acre feet. With additional
seepage losses, the 5 acre foot pond is about right for this use. Ifthey are seeking to divert three
times as much water, they will need a pond that is at least three times as big. There is no
augmentation plan in effect for additional usage and such cannot be authorized. Another
augmentation application must be filed and decreed.
The Reeds state in their application that rather than build a pond and comply with the
augmentation plan, they will simply curtail diversions in times of a call. According to our
.rr!ir,... and the Division Engineer's offtce, there will be a call on Elk Creek from the Ware and
hinds Ditch at most times of th. irrigation season (with the exception of May, June and July
when runoff provides sufficient water for senior water rights.). There is usually a call on for th_e-
Colorado River commencing in July. There is also a call on the Colorado River before runoff
starts in most years in Aprii and./or early May. Thus, the Reeds will not be able to operate in
April and Julythrough dctober of most years. This will prevent the Reeds from diverting and
Uottting in most months without the augmentation plan being fully in operation. Most
importLtly, my client owns rights from this spring and he has the right to demand all2.75 c.f.s.
be deliverid to him. Since he has not gotten his full entitlement he will call out the entire spring
during most or all of the irrigation season, from May to October.
Additionally, there are significant rights adjudicated for hydropower at Cameo that are
wintertime rights, as well as instream flow rights that were applied for in 1995 that will be senior
to the Reeds' rights. His claim that he will simply forego diversion ignores the fact that this will
put him out of priority during most times of the year and will render his plant useless.
The augmentation plan that was decreed was decreed for a reason. Its strict adherence
will be absoluGly necessary and the Reeds need to do the following in order to go ahead with
this application:
BRANNAN-McCafTcny-ltr- I
'll-
ClI,or,r c Hourr, P.C.
Mr. Eric McCafferfy
Page 4
April2, 1998
l. Amend their augmentation plan to increase the proposed uses from 2,000 to
6,000 gallons per day This must include all processing water that will be 100% consumptive as
well as the witer ttrit witt be bottled. Thus, the amount of processing water to be used must be
calculated. If the Reeds are attempting to use the 2,000 gallons as partially for processing and
partially for bottling, this will leave them with a minimal operation. The processing water could
iake substantial amounts of that 2,000 gallons per day. Without an amendment to the
augmentation plan, his project not does appear to be viable.
2. The augmentation pond must be built before operation corlmences. This means
building the pond and making sure that it can hold water. The pond must be lined and built to
hold the amount of water that is necessary will be expensive and cost estimates should be
provided in order to provide for security'
3. My client does own senior water rights to the John Roletto Ditch in the total
amount of 2.75. There are two decrees forthis ditch. The first being for 1 c.f.s and the second
being for 1.75 c.f.s. At times when the creek drops the ditch is either on call or does not have
..rougt water for its diversions. Therefore, the claims made in the Reeds' application are not
correct from a water administration standpoint.
4. The construction of the Spring box could be classified as a well if it is constructed
more than l0 feet deep. If such occurs, a well permit will need to be applied for and a change of
water right will also be necessary. Such is to evaluate the long term effects of pumping on the
aquifer. While development of a spring does not always constitute a well, according to Chris
lui*"ru, the development of this spring in the manner as sought may not yield sufficient water
and therefore the construction of a different structure might be necessary. This should be fully
evaluated before this application is further reviewed.
Water Availability.
There is no statement as to the availability of water from the spring/well box as it will be
constructed. In all subdivision applications, proof of water availability is necessary' According
to Chris Manera, an engineer with Zancanella & Associates, the construction methods to be
employed here may not produce the water sought. Further engineering on the skucture
contemplated is necessary. My client derives his water from this spring. Construction on the
spring may affect the flow. We need to be fully advised of the extent of any construction and be
provided with the drawings and design for review in order to make sure there is no injury.
Water Quality Concerns.
Meeting the strict guidelines of the Department of Health regarding water quality is also a
necessiry for this operation. Chris Manera has researched the necessary requirements to exEact,
bottle and sell water in the State of Colorado. Those include fully treating the water as required
B RANN AN-Mccaffcrty-ltr- I
.17-
C,lI,on c Hourr, P.C.
Mr. Eric McCafferty
Page 5
April2, 1998
to meet drinking water standards. Such treatment will necessitate the construction and operation
of a water treatment plant or ozination system. No such plant is listed in the application. It must
be a requirement of *y approval that all Department of Health requirements be identified and
built before this application can be approved.
Road Concerns.
In any industrial special use permit, the adequacy of the County roads must be evaluated.
It is my understanding thit parts of the road accessing this property are n:urow and dangerous.
Even industrial review does include the review of roads and such must be accomplished. That
has not been done and the road is not capable of handling commercial type traffic in this area.
We ask that you deny this Application for the above cited reasons.
Sincerely,
CALOIA & HOUPT, P.C.
SAC:nll
cc: James Brannan
Chris Manera
B RANNA N-McCaffcrty-1tr- I
-./C-
Calot. r Houst, P.C.
ATTORNEYS AT LAW
STMRRY A. CALOIA
JEFFERSON V. HOTJPT
TRAVIS S. THORNTON
1204 GRAND AYENI.JE
GLENWOOD SPRTNGS, COLORADO 6160r
TELEPHONE z (91 0l 945 4067
FACSIMILE: (nq 9454292
June 5, 1997
Mr. Eric McCafferry
Garfield County Regulatory Office
and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re:Application of Reed for Water Bottling Plant on Elk Creek
Dear Eric:
I represent James Brannan, who owns property located directly south of the properfy
owned by rhe Reeds and that is the subject of an application for a bottling plant. See attached
map showing Jim's property. My client owns water rights in and to the spring that is the
subject of this application. He has hired a water rights engineer, Chris Manera of Zancanella
& Associates, to examine the physical situation. Under separate cover, Chris Manera will
send a letter with his analYsis.
We do object to the development of the property for a water bottling plant on several
grounds. I would like to go through those objections for you and the Board.
Water Rights
First of all, my client does own the senior water rights in and to the spring that is the
subject matter of this case. This spring was adjudicated as a source for the John Roletto Ditch
No. 1. I enclose herein copies of my client's water rights decrees for the John Roletto Ditch.
It is undisputed that the spring source for the bottling plant and the John Roletto Ditch is the
same. While we recognize thatthe Reeds did obtain a water court decree and an augmentation
plan to use the spring for bottling purposes, I still find significant problems such that this
matter cannot go forward.
It is understood that my client has the first priority out of the spring source for the John
Roletto Ditch. When the creek runoff ceases, my client does have the ability to take all of the
water from the spring. The augmentation plan that was adjudicated by the Reeds allow them
to take water from the spring source, out-of-prioriry up to 4.17 g.p.m., if they replace that
rtluN 0 5 t99Z
BRA NNA N-McCaffeny-lir- I -ell-
GA.F$:I::...1,,-* _., -, i,
Mr. Eric McCaffertY
Page 2
June 5, 1997
amount taken in time, place and amount to the John Roletto Ditch. We recognize the validity
of the decree, but question whether the scope of the decree is wide enough to cover the entire
application as applied for here. The claim for bottling water from the spring does not appear
to be broad enough to cover any processing uses of water, restroom and commercial facilities
or other commercial uses that the Applicant is applying for and will need, along with this
application. This would mean that an amended augmentation plan must be filed and
adjudicated to achieve this result. Such, of course, must be done before the Board can rule on
this matter, because there will be objection and whether or not a final decree will enter is
questionable.
Additionally, there is nothing in the augmentation plan that talks about excavation,
containment, or alteration of the spring. Any significant work to the spring could result in a
change in flow. The Applicant cannot alter the flow of the spring to the detriment of Mr.
Brannan's rights, as he is the senior owner. They are only seeking 4.17 gallons, the balance
of the flow right to the John Roletto Ditch (which is this spring ot 2.75 c.f.s., which is
approximately 1,200 g.p.m.), must remain intact and not interfered with. We are very
worried that any construction required to meet water quality guidelines may affect my client's
flow rate adversely. See, Chris Manera's letter. They do not have the right to adversely affect
the flow of the spring.
The pond that is to replace for water taken from the spring out-of-priority must be built
to a certain size and be operational to be able to deliver the water to Mr. Brannan to make sure
this plan works. A pond must be built to cover all uses and there must be an ability to release
*ut.r to my client's ditch in the amount as is taken out from the spring at the same time- This
will mean that a dam must be built and approved, and the pond must be lined in order to
ensure that water does not leak out but can be stored. In order to store sufficient water to
augment my client's water rights they must store water in the early season and have it
available, accounting for seepage losses and evaporation throughout the entire irrigation
season. Since ponds are frequently leaky, this necessarily means that the pond must be lined.
Construction and operation of ponds is expensive. We anticipate that construction and
operation of this pond will be in the multiple thousands of dollars. Plans for augmentation are
ui*ryr subject to reconsideration by the courts if they are not working or are not administered
properly.
Security to make sure that the pond is built and operational must be in place. We are
very concerned about the commencement of construction without having these items in place.
Any special use permit that is granted for this purpose should require the Applicant to bond for
the construction and have such inspected by the recipients of such to make sure that it is
operational.
BRA N NA N-McCaffcriy-ltr- I
-r/2-
'f,'d'Janog 'lP vlo.,vC
Car,ore e Hourr, P.C.
Mr. Eric McCaffertY
Page 3
June 5, 1997
While Mr. Brannan only has an irrigation right, there are winter rights lower on Elk
Creek. In order to use the water through the winter, augmentation releases must be made to
lower Elk Creek entities such as New Castle. New Castle has a year-round water supply on
Elk Creek. Thus, the pond will have to be able to release in the wintertime to make sure that
augmentation is met. Since the pond wili be frozen in the winter, whether releases can be
made in the winter is doubtful. This is an additional concern that must be addressed in the
construction of the pond.
Water Ouality
More importantly, water quality concerns must be addressed more fully. As set forth
in Chris Manera's letter, the spring is directly connected to the river and is in an old river
channel. No full-blown water quality test has been performed. A futl-blown water quality test
to determine whether it is a groundwater or surface water must be done. The classification of
this right as groundwater is not correct or appropriate. Classifications are different for the
Depariment of Heatth and the Division of Water Resources. The Department of Health
req-uires treaftnent of water to varying degrees depending on whether it is groundwater or
surface water. Additionally, groundwater that is under the influence of surface water is treated
as surface water. The Department of Health does treat most springs as being under the
influence of surface water because of their proximity to the surface and easy access to
contamination. Therefore, the Applicants claim that this will be treated as groundwater is not
realistic. Obviously, the protection of the public's health is important and fuIl compliance with
the Department of i{ealth;s regulations musr be required before the Applicants should be issued
a special use permit. Compliance should predate the Application because of the uncertainty
thai such regulations can be met. The County should not consider or no less approve this
application if it cannot be developed.
Agricultural or Industrial ITses/Special IIse Permit Rules
Under the Agricultural Residential Rural Density (*A/R/RD") zone district, this use
can be permitted as a special use. We believe that this use is industrial in nature. Extraction,
pro..rring and storage of material handling of natural resources and classified as an industrial
operation as under Section Z.OZ.31 of the Garfield County Code. This fits the def,inition of
eitraction and processing under that section. All industrial operations must conform to the
industrial perfoimance stindards of the special use permit code under Section 5.03.08'
This interpretarion is based on the definitions in the Code. To treat this use as
agricultural as an agriculturally related business is not in conformance with the Code'
Agriculrural land is difined in Section 2.02.02 as ". . . raising crops . . animals' or animal
husbandry." Under Section 2.02.015, any related business is to sell products agriculrural in
BRANNAN-McCaffeny-ltr- I
-4r-
Car.ot,l t Hourr, P.C.
Mr. Eric McCaffertY
Page 4
June 5, 1997
nature. It does not fit into an agricultural category. This use is the extraction, processing and
bottling of food and should be an industrial use.
All of the industrial standards involving water, air, and noise pollution are then
applicable and evidence of such shall be submitted. See, Section 5.03.07 (attached).
Specifrcally, evidence of the volume of sound to be generated must be submitted. Vibrations
that might be generated must be submitted, admissions of smoke and particulate matter from
trucks, admission of heat glare, radiation, etc. also must be submitted' Additionally, all
applicable county, state and federal regulations must be considered and complied with.
Industrial operations must be analyzed based on all of the items in Section 5.03.07,
including water usage, impacts on adjacent land of noise, smoke, vibration, etc., impacts on
wildlife, truck and automobile traffic to and from such uses and the impacts to areas on the
county. Litigation matters, distances from other property lines, and permits for adequate
mitigation must be submitted. These standards are fairly strict and are geared to protect the
neighboring property owners. I do not believe that the application as submitted complies with
theie regulations. Since the Applicant must submit these before he can be considered, the
Application cannot go forward.
Flood Plain
The area may be within the 100-year flood plain according to Chris Manera.
Development of the spring must consider flood plain issues. Water quality will be affected.
This has not been addressed and no flood plain permit submitted.
Wildlife
Wildlife impacts to the quality of the water in the spring must be factored in. Beavers,
which are prominent in the area, are known carriers of contamination and should not have
access to the spring. This has not been addressed.
Road and Traffic
Traffic generated as a result of large trucks coming and going from the plant, as well as
employees to and from the plant will not be compatible with the neighborhood. Additionally,
the County road is not wide enough nor in good enough shape to accommodate such vehicles.
Large trucks will impact the county road adversely.
Noise
No noise sftrdy has been submitted and noise has not been addressed as is required.
BRANNAN-Mccalferty-ltr- I
Car.ou, * Hourr, P.C.
Mr. Eric McCaffertY
Page 5
June 5, 1997
The use is an industrial type use and is not compatible with this rural residential areas.
We ask that the Application be denied.
Sincerely,
CALOIA & HOUPT, P.C.
SAC:lln
Enclosures
cc: James Brannan, w/enc.
Chris Manera, w/enc.
fuCCLb,^-
Sherry A. Caloia
BRA NNA N- Mccalfcny-ltr- I
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of E}E
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Excc?! ihe ProPGrrT berctofore cooveyed ED CarI Andersoa
by qulE crts otoi"l;;;; L rhc off lce of rhc Clcrk
ard Eccordcr tf ;ti;Ld couory'-colorado at Docts'aE
No. 129219 - *I-faf a! ?agc 90 therco! cooErl'-o'l-48
' 10.87 lcrcr' ErG or lera'
Also, cxcaPE tlc ProFrtrv hereroforc ::::3:: [ '"ii'iii*i""uloL, toacetocd 15.liarrentrr-D::t,t:^,,.* Doc,oB! rio.:i"".[l"ii.ii':i';.;;;- i t irrre Ia couotrv' DocLeB! !io'
158147 tq BooL Zl7 eE'-PaEG 534' coocelnb'S 65 scrcs' Dr'
or lcrr.
rogcthcr urt!.arrr,f -"-rj"tj::l :S :;::: ::*:'r"5i'5i :l _E:t":[:,";"Ii:T:il;""i;; ;ii thc.rrshc' irrrc and LBE'rG'E
of sai.d Prratc. tf tl*;i;;;-p"tc r'a eod co E}la Job'u Bolesto
DlBcb }io. L
RcsclTllt' ttorevcr' m uodt'vl3ed oac-hel'f- of rll o!1' gar rad Blrrrb
Doy ssD.d b, ftrsr Pttt;-;:"a-"ia"t che. 'bovc dercrlbcd ProFr"'
TocETug nll 'll rDd 'asrs t!' b'Fdrsdu:-*'** u"d' t'last53 - b utrlI
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or-o-f I|!IX Clreak. o,nrt tlre John Rolottcr6i::Ifffidi-il*q:ffi t,
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l"Iow on thlo iI014, hotnl! ono of iho :jeg1u$r
entltled nntter coralng on t,o ilo lrear( by ilrn co\ttrr ills Dalltlone): aF-.
perr:11n6 1;l potEon an(l. by A.I,.IJfrnrr1rle.y, urrqru.I0, n1r. AtLortloy, Rnd 1t
eppear.'1n8 to the Cottrt,nnrt tha Cr',rui Bo {J.,I(lrr, !lru.t not.tca of tho lljne
and Dluo6 of tha honrllrg heleln r1lE Clrly sorve(t \tDon all lrattloF antl:
tI{!(I. !o notlea Dy dlte Ut'lrl.toailorr an4 portlrtg, W o::4o:: o.f OorEt ln ao-
oordAnoo vltn tho prr:r'la1ona of, tlto r.t[tllto tn nrrolr crrno rua(c and !lo:
v1,ln4r a!r(1 tlnt no onn Alrngaln to r.eslrt tho npprtcall.on of tha nAla
pofi1DfonoJi,, altnougn fily aetuod RB &foronili(l.,.,'l
llt>n conas tho tostllony ntlu'?-litert Iry itla potltlorro::, whcr,olrDon 1t
|rf.Ict..In, (od tho 0orut to f,.ncls, that tho FRld Do!1ilonot, John Rolotto,
oltrl.l'!, !o t'c tha owner of l,il! o, Socll0rr Ir lrrr! Ir (tn(t Ll.,o B.l/Z U.$.1/4,
li.w.l/4 s.I.1/4 airrl )i.il.L/,t S.ii,I/4 gecrl(,n z, RII 1n I. 6 S. r n. 01 lv.
oth J".({., 1n oerrfleld, county, ooror$(or and of tho -Jonn F-o_l-€-!-!,.o. r)1 bch
.rr.r. I, tal,.1n$ rvRr,e! T.T 1..1,"_:1.I-splg{i.g{.At-X.creok, nnrr rhe Johr Ro-
rol,to l1t(llr ljg-._?, gBlilng 'r,{t€! 1>or1 ELli oraelc, and rhRt 60 aoros of
sa1.(t ian(s 11o tuutor ond sltl)Joci io 1:ltlgnrlon fror; sa'.d .Iohn nol_6t,to
Dllclr No. 1, anrt 60 aoros of ra1d. 1snd,8 11o unrtar Hnd s\rhJsot t'o Lrrl-
BEt1,)n Dy sB10 John Roletto Ilttch llo. a. BUolnat tho oonrtnrctlon of in1(t John llolotto l)ltoh t!0. 1 was Dngrn
un inc SOth dAy of OoUot)oI , 1006, lt,l^ tno wotri o1'oonrl,]\tctlon tharoof
\y'r.,{ tlrcro(\f?01' Dror6clltcd 11t,h loo,rona}rre (1r1ganoo r.rntlI illo oompretlon
thereof,,, tnat sald (1tch le oaprDlc ot snd, har lhc crrrylng oapnoltv !6. ,..',:'.,. t':18rto 50 aoaos of,. 0f,1d lrnac, rn4 va!e! hrr.bcon bonoflolatly sDpllee. .,
:),l|r/|,r..ih..t.].t7|E,.,..rn]1-!.rl.'-._.r.I....-.';',!l
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t mlmbcrad.
,,l,llo#;:: ::,T:":: Il;l'iL,,ha n' ^uc,Y
!tor\ft:,\i;o of urtld d1t;ch 1.t sttlla.,,o lt rr foorlor sprlttg of l,'llk clool( flom Y'y'-I.,^,1r5!tor\ft:,\i;o of rtrtld d,tt;ch 1.t slllla',,o ilt ll ioo(loI'sDIll1E (!l ,r'tK UJJ'[(rrt lr.esl J) a6U)
vrh1on FaL(t Rlutlr6 osl'tl cll.tclr tln.Ilvotr ltn s\ll'/Dly of rrnt'ef'gJPt , .)G
bsnk of sa,1d orook, at n polnt ln aa1( l,ot l:,;plll$, r' E S't F' 01 tP
wl6fp.-.u., whoncc tno No!t,no&s! colngr of snld sootlon 2 hcRrs N. 4I'
I
42 ii, C70 fcat,
Ihat tn6 constlltol, 1(,n o1 so1't 'rohl\ n(llct,to Dltolt llo. 2 W&s bo6lln
on tns }[ltl-(}ry: qf i-nL1Ir.ltlo8r ahrt tl\o wolk of oonntrntcl:1ott'tlro::eof wtta
1rhc?leBftsr lttooecittod wti\ losst:ntrhlrl rtlltgonoo urltl'1 the oomnl'tlon
tttn:roof, lhat sald dlto)r ln orrllabl<r rrf arul. has tlto car.IYlng capacLty to
1,.,.1glrte 6o ao:ea of ralct lRnds, arKt wiltar hns ]:aett ncnof,lolully BDDIlod.
upon n.ild, 60 ,aoroB thto\r6h sa1.4 r11 tch fol' lrrlgatlorl pttrloncn ' t4/ :!o[8on,
whorocrf ,,(1d dr.toh sh$rltl hc nruflbnl.ol/^f,f.rtfi.ll th6 l)(t6r6oi of lilre cour!
lior srrtrl Vrr(to]. DlFt,rl.oi Uo. iJ0r Yel.Ulr P'c10rlty r'r,t;h! ,',,,tj'n'unA(l.BB'ttt
siii.(t (leot.ontr dfil,.Lng 1'r..ol,l ino I6ttt tt.n/ o/ Ap:'i.1 , A.il ,l.l-r06.
Ii :\l!t 1101' tti)!)eut,s t o tl]G (:rlllf{' i:'d 1.11('l CrtrtI't' r"r /'1n(In thOt thO
hcnd,rsie of 581rt dltoh 1.r srttttat,n on thol;t"tt;t-/ol'l''l,ll 0r0e)(, fxou'llr
y(h1ch rt'.ernr natrl r11toh dollve8 1tn ntr:rfrIy of wtttorr at a Dolnt vhEnos
tho Nrn.,glr.oast col.nof o1' Soctlott 2, t. 6 S , , n. 01 V/. otlr P.i'(. , 1)oars
3. rro 2B'li, o7?g fo't. 20J'
.f/hertofo::a, It 1s gldo:eea., ArrJ_tl-df3.4 ."J(l Deoloo<l }y tho cottli ' TlrRt
rhe Jot,r.I soltrxto DIl(;lI ll0. L Do, and. t)ro sirr'ra horehv 1,q ntrntrarea //fcl
1n r, lrn Docloon of ttt1.l co\rrt ro! \?a!(u: Dt:rt:,'1ct llo. ilor (tn/t ihot tllole
1ra trrloworl to flow lnto 8e1d' d'l'uoh t}hFr nald' fcottor En:l1nu ol'nlk claol"t
l"tj:1_g":1oL._nTllg.q.ea uDon tno 1anr1r clalmo( tv ltoiltlonlr' illliL(.}.L
oublo foot. of ratca Dar laoond of ttElo, vlth ItlorlBy v'"/Z@aa't'tW
1!,rrr tha J9lh.,,la{ ?f ootob6-r'- A.D.IOO5, 1q nol(t 6!6s!oo8; rnd thal tht
.JOXI{ F.olfi'Ilo ryt.No. 3 be' end lho salTo lrorchv 1s rnrtt)lorod/Af,&4"'
thG l)cct:6og of thLn c(nEt rgr vqi('I D18tlloi No. ilP' 8n/[ tnat tha!6 Do
(2)
-g: l-
iltn::oth::otltlh for tho Pll'rnoios
tlte naxty o)' ne.Ttter! IlxJttlly
b'"florr 'tlreratn,
und tot tllc uRo
\
BnaJ:eftom altrl
and. heneflt of
Do R:.lovod
rtf orenat<t
6nt ttIod,
thef ot (J.
Itlsnuthalor*(tHlod'Blr(tA4J\tdu6dhy!lt6co\rlitinl\tthts(tacroo
}re Lu}<arr nnd }roIrt Al, sltbJnot, to rt1]. llto ptirrltsl()ns o' n 6enarnl nat,rJre
oontalno( ln tne dooroo ontcro(l ln llrln Cotut' on M*v lltltr lBeot aA:lu-
iltrlattrrgw8.te!l!lshtngonorrrllyl,hro\ui,lolttsn14llla[6]li)1gtrlotNo.39'
and Bhat t)lts (toclt'!6 l)e t&kcn an''t ltHlrt RB fitl)Jet)i tn all Urlor: B(Jlt't1-
oRtt.:rtIllillts,tho(t6orQcforrhlohhadborltlolll,o:]rttlf(,\uya^]iBFr,.or,lo
tJr,. ,ill1,e 01' lno fll1ng of lltf, pet'1'L1on hor.eJ'nr oll i'()-lttt ' Dooambal' 0thl
A,i). Ul L:l r r\nd ihRt tno notltl()nel pny the cont's of t]rena ptoeoo(tlngs '
I)orro 1n ol)on c0llrtt
lv th c c r)1r$ l' t
Joho T' ilho'oi'' - ---- '
;
Stgta of Coloraio, ){ EE.
CorrrrtY of Oarflel&' )
:
I. Chas. Il. trtx'Ci cl.arlE ol
tbc Dlstlict Court, vlthlu anO for tLo Couttty o'J Oarftol['
i:l the 3tete s{orosetd' do borobl' eortlfy 1;ho1; tho above
and lorogolng lE a firll ' couplote sra ltuo copy of tbc
Oeorcc sts(o ssd e[tcr6a by eatd' Dlrtrlct Oourt 1n eali
eatlt].od oouue ou, tbe IOth 0ay of Jonlesy' A' D' 1914'
lYltpsgs ny basa caa tfre go81 of sald Dlstrtot
Cor:rt tblE 10'th iaY of Julo '
292
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ISiL ..1uy c!' JUI1O, rl .J, L912, iitrtruul lli to ,1,.. ,5v'lr')l' )tsrotof ot'o
cntzro: !ti ;.f.ld oaugor l'.11d 'Jrt g.'IJ (sLo l'y oDtr'Jt':lE of oII
!:'il,'!l:s ult: )r'ag L,;jorotcJ'cr''! ;i:riru'rl'Jd lrr LItil lr"ceodtnd t tlro
cgurrs viie IeEulgrl.)- c arrtlnurd unt.IL Ebo 24tlr {[y cf /rug$rst
:..1,. I-.42, rE !o o tcIDCI,. r!..1,.1 ll B ..ril1clt ,jl:l r ti:3 UcurE ooh,ron.
ceC,!rkln;;tl:etu8tlagny"L::L;"!ssou:!sib:lcillloguhnlzslon
of legtluro[)r i,uc ccntlnuoe l',lotr: Ltno Eo LI:;0, 3urlng thO year
Ii,t2 qr:tII -ocumLrcr !1r L942, \rtroll Lllc tu!:lrr;'; oI' to0lltrony
.ii:3 CC:.PIe:o.'. ur\l sati :;.1-' J 1'lil! l'oi{liI):rI; l::::g!n'+9d until
: .-'., .rto ::)f [l:'r ;;f oporuB!:rt'i 'uy U]:l uLL'Jr'':t;' ]rtrl,'olf'
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oi(lSr 3.i' Jutrt ,i I:'-ir\'j i'("1'.1 -rr-'tr: I ol' h'srl'ng 3'r 9'r;Joc)'1 onll ' lf
,riny r !c' ilis -$,::'oc oo !reillr'cu r':.1- :af i !iCL3:':':cl ' r:hc 'J?urE
):lrvlrg oorr:; !3irrci tlp f r"r'= 6trd oon'JcuLu 'Jl Ll:J's clucnoo ' olrd
!1p :'$c:rrlis ulL J'!!';s [gt'aIn' us vrc!! Its'Lr'l L'r;L1no:ri' cf
gi.- .7g;!;r!r'l ..rr';i.to r!irr 'r:!jiurt': :rr Uirt'' \l(;ur?' l')n'l bo!n5 rtctz
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oourt l,bet ttro totol aEouBt of riter go rlrlotr ""l.d',tt't,oU ir ,.:,.,. -l-1 ;,I-', r-:.,'' 'at proseat eaEttlod ta ceputed aE l.? oubtc'f ,:,:t cf roter ;lol..
Buconq oI' ttno
tH8 JoIN nOLUr,lo N0. I pr,ccil. uo 10sl
$atd, dlicb la',auaborcd 1OEA ., Unrter f cnot Ooo!p..
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:ol' blro Court 'li buo.'blau rusrdcd frlortEJ.;Io. l?{A,totr't,}.S, i,,..*. , ,. ,
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' ,,'r, .;drulnri fnoa tbr soth duy of 0oLoblp /,.!t. 1906,r uador. aaclby
vlrtuo of orlglnal coortruoElon.. .,. . ,
' Irrrd drtoh ta'rrndcnrtbrr doare. oaEtElod lo,:.irtor{ls' ." .. ,.. ,.,.. i...,I,, ,.r,. ...
[o. PPOD for 1.?5 ouDlo.foet of 'B!.t go:: reooad of tl+o,Fc.-.. i:i,
Iollng boo,lr lo rirri artlng fnu tbo Cctr {ay of Jlanoh, SrD5 lggl; I ''.:.urdel anrl by vtltue of tbo I'ir.a! Enlrrgoudnt.' ,'l
,'i .'l'bE olalaaat of ualrr dltoh ta b'., II. L,lrll]bstt; Sgta
'l ll'l '' i
dl Eoh l0 uscC for lrrlsa0loa pu:rpolos and tokoc 1gE rwply
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o.f, laten frra IIlt Cnce)rr 1s 0rr.l'laLd Counlyr. 0olorrd,oe. IhIbo
of a Dolao froa whlob lbs 3ouiltrocg Corrro! of Saottor€, 'lttg.
5 go::lb, llau6o 9I lract bcerr goulh 4Bs65t ircct 6652.0 fcet,
llro EesttgtonJr tn tl:lu ceoo cglabtlclior tjurt th, o"t"r ', \,a ,. ' r'",i' ;.,.1.n4.grlorltt rtgfit rDA roluDo cl rutor rrrldod cetd &l!ob una&
aold prlor d,ecro.o hrvc tt eLl tlass beca boncflclellt urqa:tquC
epgltod LD .cqo=dcuoo stE!, giro t6rr0! of tlro ctsoroo usErDllshtnB
lhs ra.srr, uru,i, sald doofeo arrri Ehr gntortgy Ftdlt: ltronoby svardrd,
aro lrerelry robitlccl rad, cool'Lntqrd. ) '
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for'tho uso afot'tsltd and i'or thc Uqnsfli of tlro portioo 0u'
UiElod tboro?o, r,urdor larl Dy vlrEuo of ' bbe tppro$rlaclos !y
Ftrq! Enlrrguroal, Prlorlty No' 920D',for.l'?5 cublo'f9?q of ' ' ''l
ratir gor reoond of tlEe relaElng bok tD en(' rlatlng f,rss tic ': :
itb, day ol lllroh, I\'D' IoPt I ''i "" "''
i:J1- Nr:,8!:E:49r c'I '--t-q$!$9-'i !!i'1 'rlq'ar'os'L tbr!
aald ?r!orlly No. qSOD boro"'r7 arrrdu&' Eo Etru u:cliont 9'f I'76
cubtc feot cf u6tor po1 sooood of ll=cr !c trsDoby nsdat+l+rl"ilrt'
qnrlu.asosAlElotlfl . ' ' r'" '
It Ir frrrilror ordefelr ad,JudScd s$d 0rolood by Etsr '
co\rrD b\rt tha totef eDOunt of ralior lo rgbtclr sald tl5'tch'to
at prctoBt caEltlod !r oosPutorl ai 2'?5 oubls foot of vetal
soqond of taBo ' .
SutC rllleD !a u'-borod l8' Ua{or forpor d::TT: oi
9olg -^
led ?rlorltY llo' fB for 3 cublo fdetlt trso becn usrrt
por loooDl of 'tt:E roLAEln$ brof ly erd duil,lf, lqT
(oy of lrebruary,, A'D' lOBlr'under orrd by vt!'triu gl
(,
o oDs.tllro ttoa .
Sald dttoh 1; r'rLlor ibls <rcoroo rrnbt!!e4 io lrlorlUy
}io.2€0it l'<g ? str!Iu Ioo? oi';'otor poF soo3irr';J' :!:uo rolatlng
taclEoarrluotltuj't't'onrblre{Llrriayol'Hrrrolr'jt'ir'L92].''"rrnrlor
snd by vlrUuc of ilre l"lr.at :nlargolont'
tbe o]^ltosuto 9t .srtd, dlEolr,rr:c lcri Ityorar ui:I-Iu*
anll Sogl.lu llydon' 9a!(.clltolr to uard for lrrlsstt":.'[':"1].,
aid, iaklr tto. sunpry ot vgter frou Brk creoB tn lorrte-f l1*l'";
co'Icrdo. rbr lroodsrlo 1a }ooelod os tbr' Bert bru!'tit li11,' ..ll'i:
ItddIoBlkCroolcot8DotDtfrorbtohbbrsouthrcot0oaB.'
9oc!!oa 8,'lloealrlD 5 gouch' ilaggo 9! ?lcol borrc Soutb 760 0?t
rrost 9oo9.c lcoE
_zo-
ibD Coult
sf Yrtol
ttu lStb
origl!^l
I
-'_' -'.. .run
-ld'
,aq
ntlitional unr't Sp.ci,rl Ut
5.03.0s
5.03.06
5.03.065
5.03.07
AiTort. Iltility: Such airport shall be approved by the Federal
Administration.
5.03.01
Aviation
AirnortJir Carrier: Such airport shall be approved by the Federal Aviation
Administration.
Veterinary Clinic:
(l) All kennel and stable facilitkies attached to a clinic shall comply with
allstantlards o[a kennel and riding stable. (A. 94-148)
Industrial C\frerations: Industrial Operations, includingextraction, processing,
firbrication, industrial support facilities, mineral waste disposal, storage,
sanitary landfill, salvage yard, access routes and utility lines, shall be permitted,
provided:
(1) The applicant lor a permit lor industrial operations shall prepare and
submit to the Planning Director ten (10) copies of an impact sutement on the
proposed use describing its location, scope, design and construction schedule,
including an explanation of its operational characteristics. One (l) copy of the
impact statement shall be filed with the County Commissioners by the
Planning Director. The impact statement shall address the following:
(A) Existing lawful use of water through depletion or pollution of surface
run-of[, strelm fiow or ground wxter;
(B) Impacts on adjacent land fronr the generation o[ vapor, dust, smoke,
noise, glare or vibration, or other enranations;
(C) Impacts on wildlife and domestic animals through the creation of
hazardotrs attractions, alteration of existing native vegetation, blockade of
migration routes, use patterns or other disruptions;
(D) Afl'irmatively show the impacts o[ lruck and automobiie traffic to and
from such uses and their impacts to areas in the County;
(E) That sufficicnt distirnces shall separate such use lrom abutting property
which mighl. otherwise be dirrnaged by opcrations of the proposed use(s);
(F) Mitigation measures proposed for all of the loregoing impacts identilled
and lor the standarris identif ied in Section 5.03.08 of this Resolution
(2) Permits may be granted for those ur;es with provisions that provide
adequate mitigation for the follorving:
64
- 6/-
'... , J
'cnditional anr't Speciot tQ
5.03.08
s.03.01
(A) A plan lor site rehabilitation must be approved by the County
Commissioners before a permit lor conditional or special use will be issued;
(B) The County Commissioners may require security before a permit for
special or conditional use is issued, if required. The applicant shall furnish
evidence of a b:tnk c()mmitment of credit, bond, certfied check or other
security deemed acceptable by the County Commissioners in the amount
calculated by the County Comnrissi'rners to secure the execution of the site
rehabilitation plan in workrnanlike manner and in accordance with the
specifications &nrl constnlction schedule established or approved by the
.County Commissioners. Such commitments, bonds or check shall be payable
to and held by the County Commissioners;
(C) Impacts set lorth in the irnpact st:rtement and cornpliance with the
standards contained in Section 5.03.08 of this Resolution. (A. 93-061)
lnrlustrial Perlormance SLandards: All industrial operations in the County
shall comply with applicable County, State, and Federal regulations regulating
water, air and noise pollution and shall not be conducted in a manner
constituting a public nuisance or hazard. Operations shall be conducted in
such a manner as to minimize heat, dust, smoke, vibration, glare and odor and
all other undesirable environmental effects beyond the boundaries of the
property in which such uses are located, in accord with the following
standards;
(l) Volume of sound generated shallcomply with the standards set forth in
the Coiorado Revised Statutes at the time any new application is made. (4. 93-
06 r)
(2) Vibration generated: every use shall be so operated that the ground
vibration inherently and recurrently generated is not perceptible, without
instruments, at any point of any boundlry line of the profrerty on which the
use is located;
(3) Emissions olsmoke and part.iculate matter: every use shall be operated
so as to comply with all Federal, State and County air quality laws, reguladons
and standards;
(4) Emission of helt, glare, radiation and fumes: every use shall be so
o;rrated that it does not emit heat, glare, radiation or fumes which
substantially interfere with the existing use o[ adjoining property or which
const.itutes ir public nuisance or hazard. Flaring of gases, aircrali warning
signals, reflective painting of storage tanks, or other such olrrations which
may be required by law as salety or air pollution control mersures shall be
exempted lrom this provision;
":;; -..)''\\.i;/
65
.€7-
APR O I I9$$J
GARFi€LD CO{.frJTY
Mr. Eric llcCaf ferty
Garfield County Planning Department
109 8th Street
Glenwood Springs, Co 81601
RE: Application for Special Use Permit on 243 Road by Lillian Reed, et al.
RALPH & CONNIE
12431 HwY 133
CARBONDALE, CO
Itlarch 27 , L998
HUBBELL
81623
Dear Erlc:
As it appears that the Reed family
regarding semi traffic and an obtrusive
agricultural area, we wil-I withdraw our
spring water bottling pl-ant.
has addressed our concerns
commercial facility in a rural
Ietter in opposition to the
Sincerely,
Ralph and Connie HubbeII
- fJ-
*-T
RED GLEN RANCH
TED rnd CHAR'LES RYDEN
62}{C-ounry Rord 216
NEV CASTLE, COLORADO El6{7Phc !EI3
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RE: Derrel & Lillian Rccd Spcciel Urc Pcrmit
Attentiron: Eric McCelfcrty, Phnning Commissioo Mcmbcrs'QAFliauD fi)UNTY
Wc erc l)eve end Dcnisc Doolen, and arc edjeccnt hndo*rrcrc to the Rced
Special Usc PermiL Sctting prcccdencc for commercirl opcrations up thc crcck'
wni"n k prcdominrtcty raidentieUlgriculturrl, conccrnl ur e grcet dcel"--
Our concc-rhbO in rcgrds to this pcrmit lert yeer still stild. We would
likc to clcer up thc mirinformrtion Roy gave. Wc wcrc unlwenc wc hrd 30 mrny
busin6se$.e do not hrvc u crcavation burincrs. The dump truck is a small ono
we hcep simpty to heul grevel er needcd for our drivcway. lYe do build singlc
frmily homer for peoplc, The badrhoc ic dro urcd mortly for our property
maintenence but romctimcs on jobr. It is oldcr end thcrcforc mostly is hcre for our
ure. We wclc surpriscd at ell the commcrciet burincrsel thrt Rry crmc up with-
Meybe Roy doe not know bccausc hc too docr not livc up hcre. fhere are
commerciel logging trrrckr thet use this roed but to detc thrt hel aot been en dl
summer procels. I)uc to their siz. it her impectcd our roed in the rimple fec't thet
you don'i rrot to bc on it when theJ rre becrure thcy urudty tekc thcre hdf out of
the middle. As you can sGc fion Roy's letter in rerponse to Eubbell's there is e lot
of treffic on this rctd in pert due to rccrcrtiond end huntiog sceton trallic
acceging thc Wbite River Nrtionel Forcrt t ogging is e bed Ume of year to be on
thc road end hunting scason is ronc yet- Wc ere esking you not to place additional
burdenr on the ncridcutr by edding I Gommcnciel opcrrtion thrt would oPerate 8U
ycer long.
At we stetcd bcforc thc wetcr in the creck docr p undcrground end doc's not
surficc egein until bclow the spring. It would be cxtrcmcly herd to pump water
from I dry creck bed to luppty our wrterier. It ir supplied fron oor well, which
dlowc ui to reicr livcstock aud an ecrc of ground. Thc wetcrier is locetcd on t1hc
fcncc linc bctwccn our otbor ncighbon rnd ur to cut cost and bcscfit both"
We do not objcct to cverything rnd it is unfortunetc rgein thet Roy lecks the
frctr. RE: The objcction to thc treilcrr hc refcrrcd to- If hc hed looked bedc in the
pubtic recordr hc rould have recn thet re rigncd a tcmporrry pcrmit for thcm to
movc s trrilcr in whilc thcy wcrc building but the thcn county commissioncrs
grrntd pcrrrnncDt permits. Thc betdc enrucd only to stnighten up t[e error.
\te still feel it odd to grant e Spccirl Usc Permit on 35 tcner in the middlc of
thc rench rr e wholc. It conccrtr ur thrt oncc thir poult b gnntcd what docl it
opeo thc door for in thc future. Pleuc givc thir cercful thought bcfore coming to r
conclusion.
Thuk-You
I)evc & Dcnirc Doolen
-k-
APR 0 2 te98
w --)y45//Ui
:;xf""lli
New Caecle,
Yg. uttut
famara Moas
Road 2tl3
co 8154?
April 2, 1998
lBF,ffTTFr
l}_ APR oz rees fu
Erlc MccaffertY
CounEY Planner
GrlrrricLD L}f,Uhfl.f
Dear tlr. ltccafferty:
we would like to express our concerns regarding uhe proposed'
speciat uae Srermit for a Wat'er Bobellng Plant on Main Elk Creek
by RoY, Rick and' Monte Reed'
This area is a reeid'encial/agriculcura] based area wiEh crafflc
already buEY engugh with e}:e accesg co lhe NaEional ForesE'
Ad'd.ingaCommercialeieea)-ongtshiEroadwouldaddcotrhetrafflc
aewellaEEet,t,itlgaprecedenceforcogElerciall.eminoneofghe
few areas lefE uneouched by development'
Nots only will tshts change t'he loca1 area bu! the environmenr'al
factors need co be congidered' [his area is habiEat for a
variety of wild1ife and a cotunercial eiue would disrupt the
normal flow of naEure'
We are also concerned t'hat there lE questions aboue Ehe accual
ownership of uhe water riqhte and do not feel ehe permic should'
even be considerea if thie igeue is aot seeeled fireE' vlhat use
wouldthebuildingbeiftheydonoEhavelegalowrrerehipEot'he
wager ttreY PIan Eo use?
As d,ownsEream regidenes we are aleo concerned wiuh regard Eo
having a commercial planE cloge to a live stream Ehat provldes
vracer for many ,."n:'" and wildlife' There are laws to protecE
ehe envi-ronnenE bul w@ wigh a commercial
site go far out of ehe populaced area'
We would hope al} areas of concern and legal rights are loolced
aE closelv before Ehis Bpeclal use permie ie coneidtf"d---1:-.
personally see more deficicE ragher than assets to the communrEy
from thie ProPosed Permie'
SincerelY,
O";"0 fl*o
7*-^^ {Y\".'
oaniel and Tamara MoBs
- (l-
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- fr-
To whom it may concern,
We are Brian & Linda Harrrs and live at 3970 243-Road. We have several concerns
regarding the treatment plant proposed for the field in front of our house. While we have no
ob'jectioris to free enterpiise we chose this area to live in because it encompassed the agricultral
rather than industrial atmosphere
that we wanted to get awaY from.
We are concerned that once the plant is allowed to open and operate that it could
potentially be expanded to a much larger operation than proposed'
Also the rncreased traffic and noise from the plant itself will take away from the quiet, peaceful
enviornment that we come home to now.
With all the choices for bottled water on the market now we are also concerned about the
chance that if the buisness should happen to fail that we would have an abondoned building left
on the land.
The Reed's have the right to use their land to make a profit but allowing this plant to open
could open doors for other comhercial operations to invade our creek, and change the area to
much. lf this is something that we must deal with in our future may we suggest that they pump
the water up to an area closer to their home.
Thank you for your time
Brian & Linda Harris
APBO.
1' ('/
-
,y 4377 6J rg. uLt uL*r
Daniel and Tamara Moss
476 CountY Road 243
New CastLe, co 81547
April 8, 1998
Eric Mccafferty
CounEy Planner
Dear Mr, McCaffereY:
This letter is in regards Eo our first
special use pe:anit for a !{ater Boecling
by Roy, Rick and MonEe Reed.
letrter pertaining to the
' PIanE on Main E1k Creek
After speaking ats lengch with Roy and rewiewing Ehe legal
documente, permlte and plans in your of,fice we are confidenE
that our concerns have been addreeeed.
We are in support of the proposal as presenEed'
Sincerely,
b;^*o /)"-
1^",.^ yflr*
Daniel and. Tamara Moss
-(;-
GAF..flt.'-i L-tsv'ri i /
Garfi eld County Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
Re: Letter from Dave and Denise Doolen.
Attention. Eric McCafferty, Planning Commission Members,
I am Roy Reed, representing Lillian Reed, adjacent land owners to the Doolens. In
regards to their first concern about zoning, our property is zoned A.iR/RD, which allows
oui property to be used for extraction, processing, storage or material handling of natural
resources upon approval of the special use permit we are applying for. We believe that we
can use the environmentally friendly natural resource that we have available to make a
living with our land and cause less impact to our neighbors and the environment than a
hog or sheep farming operation. We intend to use the natural resources that we have
available and will follow all Federal, State, and County regulations in keeping the
environment safe. Our product is environmentally friendly, unlike other agricultural
business's that we could engage in "without permits" . We have taken all these things into
consideration and feel that a bottling facility would have a much less impact on the area
and the environment.
Our hauling water offof Main Elk will not "impact" the maintenance of County Rd
243 or afiFect the serenity, any differently than the Doolens dump truck with backhoe or
the use of their underrated pickup truck pulling their back hoe on County Road 243- This
road is currently used by semi's hauling hay, cattle, logs, const and farm equipment, and
truck / trailer combinations with horses and rec equipment as well as other traffic.
I used to chase milk cows before and after school on a foot trail that passes through
Doolens living room. Today we have views of Doolens shabby looking horse barn, their
dump truck, backhoe and piles of construction debris stacked along the bank of the creek,
" please see attached pictures and video". We also have to put up with them starting their
smoke machine that sprays insecticide's filling the valley with chemicals.
The Doolens are there now and I have had to accept that fact. We want it to be known
that we have taken their concerns into consideration and moved the building site as far
away from the spring and their house as we feasibly can, when in fact we could build an
agricultural barn any where on our property with out any notice to them, as they have
done. We have also made arrangements to rent a storage facility and use a smaller truck to
transport our water offof Main Elk Creek, which will cost us extra money and time.
I myself have had a hard time accepting the growth in our State, but have had to
realizethat "it is and is going to keep on growing.' As for the traffic on 7th St in New
Castle, I know first hand as my house is located at I 1 I north 7th, I see large trucks and
semis navigate the blind curves daily. The Doolens need to "Accept" change as we have
had to ourselves.
- 6(-
I have not had a drink of alcohol in over l0 yrs so I personally took offense to their
grouping me with nothing but partying and making a mess. Insinuating that the bottling
operation would not be sanitary when in fact if that ever became the case the State
inspector would shut us down. I am a professional and will maintain any business that I do
in a professional manner.
As for the driveway we are allowing Doolens access through our property. It is not our
responsibility to maintain it for them, we do not expect anyone to maintain ours nor does
anyone else on this creek. Again taking Doolens concerns about maintenance on the
driveway into consideration, we have changed the plan's again and will fork offof the
driveway at the top, therefore causing them no undue stress or any chance of our use
impacting the driveway access. The entrance and cattle guard has been adequate enough
for their dump truck with backhoe and motor homes for years, theretbre, we feel that it
will be more than suitable.
Their concern about the creek drying up in the sulnmer time is of no concern to our
operation as the spring on our land has never dried up in the 40 years that our family has
resided on Main Elk Creek. I went through the proper legal process to obtain the water
rights. If they question our ownership of the land the records are public knowledge at the
court house.
The Doolens have greatly impacted our serenity and that of others in that they object
to everything. For instance when my mom and dad sold Denise Doolens mom and dad
Gene and Darleen Iseral property, Denice's mon and dad moved in a trailer and lived in it
until they were able to get their house built. When another neighbor wanted to do the
same thing Doolen protested to the county that the trailer would lower their property
value.
If one looks at property values Doolen's has quadrupled since they purchased it from
our family. If any thing is going to lower their properry value I would think that it would
be their shabby horse barn.
I would also like to mention the watering devise that the Doolens mentioned in their
letter opposing our operation, was in fact nothing more than a pump put into Main Elk
Creek. As far as I know you have to have water rights and a legal point of diversion
legally established in order to pump from Main Elk Creek
We believe the proposed changes have addressed all material concerns raised by the
Doolens.
Sincerelv 4fufu-a
Roy Reed
'c?'
uuN 0 il 1e9i
qAffELD G:IJI.{TY
^{ttention: Eric }IcCaffettl'. Planner 6-1-97
Plaming Commission ]Iembers,
\\,e are Dave & Denise Doolen, and rrre rrdjacent hnd ou'ners to the Reed
Specirrl Use Permit. \\'e irre quite concerned rvith this permit. lt does not seem to
us tlirt il corprpel'cial gperation of this rnaglritude, and rve realize it rvotrld not be
that big at first but could grorv to rr sizrrble operation' lits rvith the surrounding
zoning.
It is piirnlrily' agriculture / residential. \Iany tirnes rvhen rve have complained
,rbou1 the cotrntj' rorrd mrrintenance or cost of rr phone lve ilre told thrrt it is the price
)'ou plr-"- to live in "God's countrJ-r'. Preciselv rvhy rve moved up here rvirs to get
atvn]' from the hustle irnd bustle of cit-v- lil'e, and norv it threatens to move in nert
tloor. It hardl;- sccms fair to ull thc propcrty orYncrs up thc crcck rvho puv
rrgriculture / resirlentill tlres enjoying pelce tnd quite lnd then to gr:rnt :r special
uie permit to ir commercial operation rvhich rvill not incre:rse their tirres, but rvill
greatly chirnge the serenity of the are:t, and our lil-estvles.
On ,rny'given dl-r- -v-ou cirn fmd bicvclers, horsebrrck ritlers, joggers, rrntl
rvilllife on the road. \\'e also have a large influ-r of traffic due to hunting selrson'
but this is seasonirl. There are grirzing perrnits for livestock on the roird l'rorn tirne
to tirne. County road 2-t3 rrlso hls some tight lnd blind corners th:rt lre sometimes
hlirl,rvhen meeting someone. A rvlter bottling plrnt rvoulcl be I'eIr round rvith :r
I l/2 ton tlrck antl personnel vehicles dirily rrnd four semis traveling it rveeklJ'.
IIi5,e;.-ou looked into the impact on Nerv Castle? People rvho live on 7th street lre
tluite unhappl' lvith the inlltr-r of traffic from Castle \-alle-v-. n'hich shottld lesson once
tite b1'prrss is in. Just irs it lessons the.v* rvill see senris tral'elfulg up :rnd clorvtr!
Trvo verrrs lgo the school pulled bus serrice up the creek:tnd rve rvere
requirerl to meet the bus at the bottom of the creek Little did rve knorv lt the tirne
lruiv tfiis lvoulcl effect the county plolving of oul I'uadr but suon lbund rve lrird ir lut uf
trouble rvith ice builclup due to being rnoved lorver on the prioritl'scale. The countl'
eyen lost a plorv truck olT the roatl and dorvn over il verJ' lirrge embirnkment duc to
the plorv g"ttirrg caught on the ice (the truck rvoultl hll'e ne:rrl.v.- llndetl in the middle
of the bottling operltion). The tralTic increirse on this rorrd greltlv concerns us.
\\'e cirn't help hut feel thrrt this rvould grettll'decrelse the vllue of our
propert]' .just because no one rvill rvirnt to look out of their liont doot' to a
commcrciul bottling opcrution. \\Ic rrrc rwilrc of thc brrrn stvlc building' but rvc
h:rr.e irlre:rrlv put up rvith the c:rmp ground mess thev hrrve crertterl :rntl nurrlerous
prrties 1nd noise, livhich rvrs greltlv cleirnetl up the tl:rv Eric \IcCrrU'ertv visitetl the
iit";. tt'" believe this sets an example of the condition of the luture site bv the
rrpplic:rnts.
\\'e purchased the propert]'in 1981 and built n ]'ear later. Our propert]'lvirs
onc of the last three parcels Reed's split olT the mirin homestead, irnd at thrt tirne
the then Countl'Commissioners told them thel'did not s':rnt to see Reed's in lbt':rnv
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more eremptions from subdirision due to the number of parcels they had split off
already.
At present rve basicallv maintain the entire drivervay lnd have l'rom the star-t.
\\'hen rve first purchased the property from Darrel and Lilli:rn Reed a cotton rvood
tree abutment bridge rvas constrrtcted by Darrel Reed. One veirr irfter rve brrill, 16"
bridge rvas nearly rvashed out and needed replaced. The Reed's hrrve an e:rsement
through a parcel above us to access their propertl'. They never offered to help or
help pay for the bridge rebrrildillg. \\'e rebuilt the nerv bridge rvith concrete
lbutments and I railroad flat car ircross, rvhich later rve upgraded to concrete. We
hirve graveled rrnd plorved it rvith no help from them, so tve can only sit back:rntl
rvunder horv rvell it rvill be rnaintainetl by thern. The drivelvay also is quite steep
and rve fight to keep the rvashboards to a minimum and can only rvonder rvhat semis
rvill do to it? 'l'he cattle guard rvill not rvithstand the rveight of these trucks. Oh,
there rvils once irn occasion that the upper cattle gulrd needed cleaned out and Roy
slid he rvould do it (thev prrsture horses on the property and they rvere getting up on
the rorrd)- \\'hen he rvas done he didn't put the support hack in rvhich was irn 8'
railroird tie that rvent dorvn the middle and it rvas nowhere to be found. Since the
crrttlc gurrrd rvrs ncvcr built to sprrn thc cntirc distancc rvithout support rvc hard to
redo his job. We redid it bectuse rve h:rve to tr:rvel the ro:rd all the tirne rrnd didn't
rv:rnt to see the cnttle guard f:rll apart. The entrance is also inadequlte to
irccommodate them irnd would need to be greatlv altered.
Another concern is thrrt the creek hrrs gone turderground lpprorimrrtelv I 1/2
mile lbove us irnd doesn't surface again till l/{ mile dorvnstrenm. This happens
s'hen rve hirve hird a dry yerr rvith inadequirte snorvfall. It hrrs hlppened 70o,/o of the
16 -v"e:rrs rve hlve lived here, rvhich rve hrrd to instlll I rvltering device so our horses
cottld get rvater during the rvinter. The resurfircing does not take plxce till
irpproxirnartelv 300 l'eet dorvn stream of the so cirlled "spring". The durertion of tirne
the creek is out varies on the drvness of the vear prefious. \\re irlso irre concerned
rvith the potential impact to the rvater table and also our water. made by'the bottling
phnt. As lhr irs hvdro-electricity is concerned hirs :r site investigltion been done to
prol/e the t'errsibility and also taken into considerltion the absence of the creek The
Clinetop ditch only runs during the summer, hory do thel' purpose to keep fish atil'e
rvitlruut n'arter'? ur rnake electricity?
It seems odd to grant a Special Use Permit on 35 acres in the middle of the
r:rnch irs I rvhole. It concerns us that once this permit is granted rvhlt does it open
the tloor lbr tlorvn the nrad say if the pnrperty sells? Is it possible to grant this
permit for this project onl-v-? or for l set period of time? Can someone else purcherse
the propertY dorvn the road rrnd put in rvhatever kind of commer.cirrl operation they
desire rvithout reconsider:rtion l-rom the planning and zoning?
\\'c hrrd lookcd into purchrrsing thc propcrt-v of 100 or so icrcs, but :rt onc
tirne it tv:rs on the mlrket lbr 650,000 :rnrl no rv:rter. L:rter the price fell to S00,0lX)
irntl some rvilter rvirs added and never lnclucled the "spring". Reed's hirve irlrvtl's
virluett wilter, as rvell thel'should, but thel'tvpicalll' pirrt rvith it rirther reluctanth'.
f-pon checking rvith the rvirter resorlrce clirision this "spring" loc:rted on their
propert]' h:rs ncver been filed on or adjudicated b_r.' them, if valued so high rvhv rvls
this not filed on l'ears ago? The 'rspring" is the head rvirters to the John tloletto
ditch #l :rnd u'as rrdjudic:rted in l9lJ rvhich the rights to the rvrrter rvere retrrined b1'
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the propertv otyner do$'nstream as the onlv means of irrigation to his properll'
including rn access to maintain it, rvhen the land rvas purchased by Reed's, irnd rve
question if it rv:rs never filed on because they' never orvned it?
As y'ou ciln see rve have a long running track record rvith the Reed's irnd the
Reed bo1-s and a GREAT number of concer-ns regarding this special use permit.
Please consider it very' carefully irs you crn see it rvill not only imp:rct us but ir lrrrge
number of others lvho use this road. Please protect the quietness to some degree
thirt lve norv enjo5,', rrnd leirve this a farnrhrg / residential conurtunitv.
Thank-You
Dirve & Denise Doulert
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