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HomeMy WebLinkAbout2.0 Staff Report• • BOCC 4/8/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANTS: Donald & Barbara Chaplin LOCATION: A tract of land located in Section 1, T6S, R92W of the 6th P.M.; located approximately two (2) miles east of Silt along CR 214 in Peach Valley. SITE DATA: 78 Acres WATER: Individual; shared wells SEWER: Individual sewage disposal systems ACCESS: Direct access to CR 214 (Peach Valley Road); easements EXISTING ZONING: A/R/RD ADJACENT ZONING; North: O/S East/West/South: AIR/RD I. RELATIONSHIP TO TIIE COMPREHENSIVE PLAN The subject property is located within District C - Rural Areas/Minor Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981). II. DESCRIPTION OF THE PROPOSAL A. Site Description: This property is a 78 acre tract located on the north side of County Road 214 (Peach Valley Road), approximately two (2) miles east of Silt. The tract generally slopes downward along the flanks of the Grand Hogback at an average slope calculated to be approximately 12%, with specific slopes calculated to be in excess of 32%. Vegetation ranges from sage and annual grasses, to pinyon and juniper, with a small portion of irrigated pasture. The Roseman Ditch enters the property on the eastern side and traverses across the tract, exiting on the western side of the property. An existing single family residence and related agricultural buildings are located on the southern portion of the tract. See vicinity map, page • • B. A jacent Land Uses: Adjacent land uses include agricultural, residential and open space. The recently approved Cedar Hills Ranch subdivision is located directly east of the property in question and the Bureau of Land Management owns a sizeable tract north of the property. C. Proposal: The applicant proposes to divide, by exemption, the 78 acre tract into four (4) parcels of approximately 10, 20, 21 and 26 acres. Lot 1, the 10 acre parcel, would contain the existing residence, barn and water well and the remaining parcels are currently devoid of any improvements. See sketch map, page. ' • . • • CII. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations; Section 8:52 of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will he created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created ,nay, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (1) lot, parcel, interest or dwelling unit limitation otherwise applicable;" A deed submitted with the application indicate the applicants obtained the property in March, 1978. It appears the previous owners obtained the tract in April, 1968, and the t act has remained in the same configuration since 1968. See deeds, pages • . Based on this analysis, it appears this request complies with Section 8:52 (A) of the Subdivision Regulations. B. Zoning; The subject tract is located within the A/R/RD zone district and all proposed lots are in excess of the two (2) acre, minimum lot size requirement. C. Water: The water supply for the four (4) proposed lots would come from an existing, decreed well (Klumker Well), which would be the water supply for the existing residence and a new, domestic well that would be shared among the three (3) other parcels. The Klumker Well is decreed for 0.033 cubic feet per second (14.85 GPM) and the new, domestic well is approved for ordinary household purposes inside [up t thre 3) single family dwellings. See water well decree and well permit, pages • / . The applicant would be required to demonstrate an adequate physical supply of water and designate and record wellhead and water supply line easements, prior to the authorization of an exemption plat. A well -sharing areement has been submitted, which appears to be adequate. See agreement, pages) •17 . It will be required to record this agreement, prior to authorization of an exemption plat. D. Drainage: The recent Preliminary Plan approval process for the Cedar Hills Ranch subdivision allows a particular insight into this exemption re uest than is normally considered. Based on drainage information (see map, page ) submitted and analyzed for the Cedar Hills project, it would appear that Chaplin Well #1 would be located in an area identified to be capable of contributing significant flows of water across the property. Staff recommends the well be installed in a manner to protect it from the sizeable [flood] flows that could be generated in the basin, located northwest of the project. Additional "drainage easements" are indicated on the sketch map, which staff suggests, do not actually exist in the linear fashion depicted on the sketch map. Staff recommends these "easements" be surveyed to determine the exact boundaries of the drainages and a plat note be included to instruct that no residential construction occur within these easements. Additionally, it appears the proposed access and utility easement would be located in the center of the drainage. Staff recommends construction of this access be done in a fashion to adequately channel the expected stormwater flows and ensure that runoff does not affect the drainage characteristics of the area, especially Peach Valley Road. E. Sewer/Soils: The method of waste water treatment for the lots to be created is proposed to be the use of individual sewage disposal systems. According to the Soil Conservation Service, there are four (4) general classifications of soil: Halaquepts; Olney loam; Potts loam; and Torriorthents-Camborthids-Rock outcrop complex. These soils vary significantly in a number of ways; however, when used for building site development constraints are considered to be slight to moderate and when used for ISD systems, constraints are considered to be moderate. Staff recommends the inclusion of a plat note to address potential soil limitations. VP • • Access: Access to the proposed lots would be via an existing driveway that currently provides access to the existing residence. This access runs along the eastern boundary of the property where, it appears, it would terminate in a semi -circle with driveways radiating outward. This common access easement would be required to be surveyed as a part of the exemption plat and would be recorded upon authorization of said plat. Given the topography of the site, staff would recommend the inclusion of a plat note to limit the grade of the common access and individual driveways to no more than 14%. Additionally, given sight distances along Peach Valley Road, staff recommends the applicant consult with Road and Bridge to determine the actual and safest alignment of the access road. J. Fire Protection: The Burning Mountains Fire Protection District has responded, indicating the subject property is within its response district. The District further notes that, given the distance of from the fire station, an emergency response may be slow. See letter, pages . H. Roseman Ditch: The Roseman Ditch traverses portions of the property and could conceivably hamper building sites or driveways. Staff suggests that any future improvements that may affect the ditch be made in a way that ensures the integrity of the ditch and does not diminish water quality or quantity for downstream users. Utilities: In an effort to better conform with the adjacent, Cedar Hills subdivision, staff recommends that all utilities be placed underground. J Easements: Any required easements for drainage, utilities, access, irrigation ditches, water supply, etc., will be required to be shown on the exemption plat. K. School Impact Fees: The applicant will be required to pay school impact fees of $200, for each lot created by this exemption. L. Potential Road Impact Fees: Upon adoption of a road impact fee, the exemption parcel created by this exemption will be subject to paying that fee; paid at time of building permit application, paid by the building permit applicant. This provision shall be included as a plat note. IV. SUGGESTED FINDINGS 1 That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Based on this analysis, staff recommends APPROVAL of the application, pursuant to the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access, water supply or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the applicant shall submit $200.00, per lot ($600.00 total), in school impact fees for the creation of all exemption parcels. 5. That the following plat notes be included: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Upon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "Portions of this exemption were approved based on the use of a central well and shared water system. There is no assumption that a household use only well will be a dependable water supply. Any purchaser of a parcel of land that was created by this exemption reserves the right to use the proposed central water supply, specifically Lots 2, 3, or 4." "The shared well system (Lots 2, 3, and 4) approved for this exemption requires either an individual water storage tank, minimum capacity of 1000 gallons, be installed at each lot or a central storage tank, the sizing shall be a minimum of 1000 gallons per lot created and served by the central water system. This shall be done at time of building permit application at the expense of the building permit applicant." "There shall be no residential construction allowed within the areas identified as "drainage easement" on this plat. "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." "There shall be no additional splits by exemption on any lot created by the approval of this exemption." "All access easements and driveways shall be less than 14% grade." 6. The control of noxious weeds shall be the responsibility of the landowner. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Criteria for demonstrating the quality, quantity and dependability of a well or a shared well system: a) The well be drilled and a 4 hour pump test shall be performed; b) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; d} A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; e) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; t) If the well is to be shared, the provision for individual water storage tanks of no less than 1000 gallons for each proposed lot (required at time of building permit application); g) A discussion of the mechanical components of the shared well system to include the pump, water supply line, storage tank and other components (for shared well systems); h) A legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made (for shared well systems); i) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 8. That the access road shall be constructed in a manner to positively manage the expected stormwater flows across the property and ensure that there is no material change in the drainage characteristics of the surrounding area, especially Peach Valley Road. Furthermore, the applicant shall consult with Road and Bridge to determine the best and safest alignment of the access road. That all utilities shall be placed underground. e 0 , .• • 0 ; ; \-) / :04.... 5, / ) I ' 2 • • -- . • 00 ,1"1 cz ) J, ) .0_ ) • r0 •k , ). A. i- ),,.- p.. A.., \---. ii \ ti ;.,- --...--- -----, 1) — \_ .' r-;:-.-----.4.ril, ...., • 1L :74: .. .: --,,-, - - ' 1 p ,7„,,,,..., • ) _ ,• . ,/ 11 : 1. 11,--.• 1 • • • ' ;I• -.i.' : / .. 1 1 ,..;1!:. v. ' • ..,/ - - .-. , • J. , , , ,_., ..., I I'. • ••••' . ) 1:•— . `-, i ' :" te'le.' .'•P :1. „ . .-.' •,,- "'' "''z • - ....:11.111: .-, k•. r_ .1-2"' " • ":11 4 • k‘. M 16 • __- • In e.6 /I• ) 0 z 0 .4 111 ................moneamwmarstorriwasszawspownwL Lo 26 ACRES -#/– _attst, DRNA44GE CASEY ENTS 20 ACR PROPOSED CHAPLIN WELL /1 (PERWED R7R D0AIES77C USE) EXISTIM avinwor "- CrIWAVELS EA44N DITM 660 Fr 1 5560 SCALE !!!tegagsrmmalaw'12261 1 DTCH 300 FT. COUNTY ROAD 214 (PEACH VALLEY ROAD) 0 — PROPOSED ACCESS AND 1177L/TY E4SEAIL7VT EXIS77NG WELL FRIarARD BoLsetiv-1 Bn262,.m19thrl_ Land SonAnkar LI 13601 11 SKE7M Ats4P CHAPL/N SUBDAISION EXEMPTION SEC770N 1, T6S, R92W 477.." 214 Rd. COLORADO SIM Colorado II (970) 876-2947 ji 414.4PIIN-0141 1.�UUIC 1 �,J .ltucuruetl nt,. r O u'clueli ni., .._l1.1.'..!:.!:.L.._1.�;'t.,.....i.')i�f� l t c� p l O66 7 CI1as ,h,..l-1S.e..i 1arl: 1 �ll Reception � ..1.., I2ecordor. TIIIS DEED, Mndo this 15th day of April in the year of our Lord one thousand nine hundred and Six L y- e i gh t between WALTER E. CASTLE and ALICE A. CASTLE of the County of Garfield and State of Colorado, of the first pert, and KELLY KLUMKER and GEORGIA B. KLUMKER of the and State of Colorado, of the second part: WITNESSETII, That the said pnrtleS of the first part, for and in consideration of the sura of Thirty Thousand and no/100 DOLLARS, County of Garfield SU1( 6ot>:LSEurt rt» AP, it tiR ilaER to the said pnrtleS of the first part in hand paid by the said parties of the second part, tho receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Lots 1 and 2 and the SWkNE ; of Section 1, Township 6 South, Range 92 West•of the 6th P. M., save and except the part thereof describ- ed in that certain deed recorded as Document No. 93135 in Book 142 at Page. 549 . and also that part of said SW ;NE ; lying north of the old county .road bounded on the west by the section lire, bounded on the north by the Roseman Ditch, and bounded on the east by the center of a rock ledge marked by a fence; PROVIDED ALWAYS that Grantors except and reserve all that part of the above-described property lying Last of the following -described line: Beginning at a monument on the First Correction Line South, at a point whence the South Quarter Corner of Section 33, Township 5 South, Range 92 West of the 6th P. M. bears East 341.25 feet; thence S. 000 09' 07" E. 1333.23 feet to an angle point of the property division fence; thence S. 82° 54' 41" W. 69.04 feet along the property division fence to an angle point of said fence; thence S. 00° 08' 58" W. 1134.35 feet along the property division fence to a monument located at the Northerly right-of-way fence of the county road as constructed and in use. Together with 10 shares of water in the Roseman Ditch, or the equivalent thereof in second feet or fractions thereof, and a corresponding interest in said Roseman Ditch sufficient to convey said water. (Said Roseman Ditch is sometimes referred to as an enlargement of the Tompkins Ditch.) GRANTORS RESERVE, for themselves, their heirs, executors, admini- strators and assigns, an undivided one-half of whatever interest the Grantors now own in any and all oil, gas and other minerals of every nature, in or under said lands or which may be produced there from, said reservation being in addition to reservations made by prior owners or grantors in the chain of title to said land. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatooever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtonnncen. No. 768. WAUIIANTY DEED—To Joint 'Tenants.—Drnd(or,-Itobineon Pt toting' Company, 1024-40 Stout Street, Denver, Colorado DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 94CW30 FILED IN COMBINLf COUF(I CFf;F'!EL^ if.:,-... r;,. APP. 2:7 �u!:? RULING OF THE REFERIE IN THE MATTER OF THE APPLICATION FOR WA'T'ER RIGHTS OF: DONALD M. CHAPLIN AND BARBARA I. CI-IAPLIN, in Garfield County, Colorado The above -entitled application was filed on February 28, 1994, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application docs hereby make the following determination and Ruling as the Referee, to wit: 1. The statements in the Application are true. 2. The name and address of the Applicants are Donald M. Chaplin and Barbara I. Chaplin, P. O. Box 550, Vail, CO 81658. 3. The Applicants request an application for water storage right as more fully described as follows: A. Name of reservoir: Puddin's Pond. B. Legal description: Location of dam: Puddin's Pond is located in the Southwest 1/4 Northeast 1/4 of Section 1, Township 6 South, Range 92 West of the 6111 P.M. The outlet is located 1340 feet West of the Easterly Section line and 2200 feet South of the Northerly Section line of said Section 1. Name and capacity of ditch used to fill reservoir, and legal description of point of diversion: See Paragraph 3.C., below. F:\F111:S\CIIAPUN.3 R1.1 April 27, 1995 Donald and Barbara Chaplin Ruling of the Referee C. Source: Seepage from Roseman Ditch, which runs above the seep area for several hundred yards, tributary to the Colorado River. D. Date of appropriation: October 31, 1988. E. Amount claimed: 2 acre-feet, conditional. F. Use: Aesthetic, wildlife propagation, stockwater and erosion control purposes. G. Maximum height of dam: 8.5 feet. Length of dam: 35 feet. H. Total capacity of reservoir: 2 acre-feet. Active capacity: 1.5 acre-feet. Dead storage: .5 acre-feet. The Referee does therefore conclude that the water storage right requested for the Puddin's Pond, as more fully set forth in Paragraph 3, above, is hereby granted and 2 acre feet, with an Appropriation Date of October 31, 1988, is hereby awarded conditionally to the Puddin's Pond for aesthetic, wildlife propagation, stockwater and erosion control purposes, provided always that said 2 acre-feet is awarded on the condition that said quantity of water be diverted and applied to beneficial use within a reasonable time; SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities and changes or rights in accordance with law. An Application for Finding of Reasonable Diligence shall be filed in the same month as the decree herein is entered every six years after the entry of the decree herein so long as the Applicants desire to maintain the conditional water right herein awarded, or until a determination has been made that such conditional right is made absolute by reason of the completion of the appropriation, or are otherwise disposed of. 4. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. 5. It is further ORDERED that this Ruling shall be filed with the appropriate Division Engineer and State Engineer. F:3 ILES\Cl IAPI1N.3RU April 27. 1995 -2- Donald and Barbara Chaplin Ruling of the Referee r-� Dated this,,27 clay of ` _9- 2/1-C C -r, ;St rt rt fit • , 1995. BY TI -IE, ,EIZEEV' Water Referee Water Division No. 5 State of Colorado No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed and approved and is made the Judgment and Decree of this Court. The month and year for filing an Application for binding of Reasonable Diligence shall be MAY , 2001. Dated this .i'--;/ day of `l;:< , 1995. 2,u -./g (I' (.1 tf )'. F:AFILES \CI(AP111'1.3RU April27, 1995 -3- WATER JUDGE: i oral No. GWS -25 APPLICANT UI-I1C1. ()I 11 II :; i A I l : I .f•dGItvi.:l_1( C;OI.OI ADO DIV." OF WA l EI t 11ESoul10Es 13113 Centennial Bldg.. 1313 Slrornitu> St., r)onver, Colorado 130203 (30:3) 8 66-3 511 1 WELL PERMIT NUMBEII _ ___ trfillriii_r DIV. 5 CN IY. 23 VVD 39 DES. BASIN MD l.ot: r.31s>clr. I ilinq: SulxJiv DONALD & L-IARBAl1A CI lAPLIN % LEAVENWOR 11 I & CALOIA PC P 0 DRAWER 2030 GLENWD SPRINGS CO 01 602 ( 303)945-2261 PERMIT TO CONS1TIUC-T A WELL APPROVED WELL LOCAL ION ------------ --- ------ GARFIFI.D COMFY NE -1/4 NE 1/4 Section 1 Twp 6 S RANGE 92 W 6th P.M. DISTANCES F11OM SEC1ION LINES 1160 F1. Born North Section Line 1240 FI. from East Section tine ISSUANCE OF THIS PERMIT DOES NOT CONFER A WA I Ell RIGHT CONDI l IONS OF APPROVAL 1) Ti1is well shall be used in such a way as to cruse no material injury to existing water rights. 11te issuance of the permit does not assure the applicant that no injury will occ11r to another vested wafer right or preclude another owner of a vested water right from seeking relief in 0 civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a valiance has been granted by the Slate Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(0)(11)(A) as the only well on a tract of land of 36 acres described as that portion of the NE 1/4 of Sec. 1, Twp. 6 South, Rng. 92 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A". 4) The use 01 ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, lire protection, the watering of poultry, dornesti0 animals, and livestock on a farm or ranch, and the irrigation of not over one (I) acre of h0111e gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return (low from the use of the well must ho through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) Fhis well shall be constructed not more than 200 feet 110111 the location specified on this permit.. APPROVED JD2 Stale r:ncrief•er • -‹ Receipt No. 0313 1520 DA I L ISSUED /TPR 2 11 1995 \.R'S COPY j) ,�r :lr. •fir-lCi-;7-� EXPIISATI011 DATE APR 2 h 1997 1N THE DISTRICT COURT IN AND WATER DIVISION N0. 5 S'L'ATE OF COLORADO CASE NO. W- 1183 IN THE KA'I`I'ER OF THE APPLICATION FOR WATER RIGHTS of KELLY KLUMKER & GEORGIA B. KLUMKER IN THE COLORADO RIVF,V OR I'I'S TRIBUTARIES TRIBUTARY INVOLVED: IN GARFIELD COUNTY FOR F 1 L f 11'4 Division 1,,; ov 2 (,.,1T7.,:). 5T TE OF COLO ' fl' -,t f/ RULING i7F-111gvi`ttIt1' ;E ._.-- —,r,..... ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And the Referee Leaving made the investigations required by Article 21 of Chapter 1448, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 12 th day of July , 197 2 , Kelly Klumker and Georgia B. Klumker New Castle, Colorado 1. Name of Applicant Address 2. The name of the structure is Klumker Well. 3. The Legal description of the structure is: the well is located in the SANE' of Section 1, T. 6 S., R. 92 W. of the 6th P.M. at a point whence the South quarter Corner of Section33 T. 5 S., R. 92 W of the 6th P.M. bears N. 17°33'22" E. a distance of 2299 feet, 4. The depth of the well is 155 feet, 5. The elate of initiation of appropriation is March 1, 1967. 6. The amount of water claimed 7. The use of the water is 8. The 9. The 10. The is 0.033 cubic foot per second of time. domestic. State Engineer's number is Priority date is March 1, date of the application was none. 1967. June29, 1972. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that thin ruling shall become e Cective upon filing with the Water Clerk, subject to Judicial review • provided by law. Done at the City of Glenwood Springs, Colorado this • day of jn , 197 No protest was filed in this matter. Tho foregoing ruling is oontirmed an:i approved, and is made the Judgment and Decree of this court. /4f7,N23 13i S'? Water Referee Water Division. No. 5 State of Colorado DECLARA'I'R)N D1' EASEMENT'S ANI) COVENANTS Garfield Couii , Co:oIorado The undersigned, Donald M. Chaplin and Barbara L. Chaplin (hereinafter "Declarant"), together being the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A, attached hereto and incorporated herein by this reference, having caused the sane to be divided into four (4) lots, as described in Garfield County Resolution No. (Hereinafter the "Subdivision") recorded the day of 1996, in Book at Page as Reception No. , Garfield County Records, hereby declare and acknowledge that all property within the Subdivision is and shall be subject to the following Easements and Covenants: ARTICLE I WATER SUPPLY ANI) WA'T'ER RESTRIC'T'IONS 1. Domestic Water Supply for Lot 1. The domestic water supply for Lot 1 shall be derived from the Klu raker Well, which is, the subject of the decree entered in Case No. W- 1183, District Court in and for Water Division No. 5, and shall be separate and distinct from the domestic water supply for Lots 2, 3 and 4. The Kluniker Well, tl►e water right therefor, and the appurtenant facilities shall be owned solely by the owner of Lot 1, who shall be solely responsible for the operation, maintenance, repair and replacement of the same. Upon conveyance by Declarant of Lot I , Declarant shall quit claim to the grantee the Kumker Well and the water right therefor and appurtenant facilities. 2. Domestic Water Supply for Lois 2, 3 and 4. The domestic water supply for Lots 2, 3 and 4 shall be derived from the Chaplin Well No. 1, which is the subject of Well Permit No. 186382, issued by the State Engineer pursuant to C.R.S. §37-92-602(3)(b)(II)(A). The rate of withdrawal from the Chaplin Well No. 1 may not exceed 15 gallons per minute, and the water produced therefrom may he used only for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over a total of one acre of home gardens and lawns in not more than three single-family dwellings. 3. Conveyance and Assignment of Permit and Facilities. Chaplin Well No. 1 and appurtenant facilities are currently owned by the Declarant, and the permit. for Chaplin Well No. 1 is currently issued in the name of the Declarant. At the time of conveyance by the Declarant of Lot 2, 3 and 4, the Declarant shall quit claim and assign to the purchasers of each such lot an undivided one-third interest in the Chaplin Well No. 1, the well permit therefor, the pump and any appurtenant facilities. The permit shall remain in the names of the owners of Lots 2, 3 and 4, as they may appear from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. 'l'hc owner of Lot 4 shall be the owner designated to receive correspondence related to such well permit. (' \wl'51AI)0x_.1Vi'IIAI'I IN,.IDC 4/4- • • 4. Ownership and Maintenance of Chaplin Well No. 1 and Water Facilities. Each lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant to the conveyances made as set forth in paragraph 3, above, the lot owners shall he the joint owners, each with an undivided one-third interest. in the Chaplin Weil No. 1, the pump, and any appurtenant facilities which are used in common by the lots. Each lot owner's one-third interest shall be appurtenant to such lot, and nay not he transferred apart from the lot. The owners of Lots 2, 3 and 4 shall be solely responsible for operatatiou, maintenance, repair, replacement, and improvement of the Chaplin Well No. 1, the pump, and any other appurtenant facilities. 5. Costs of Water Facilities. The owner(s) of each of Lots 2, 3 and 4 shall be entitled to one-third of the withdrawal of the Chaplin Well No. 1, for individual use, and shall be responsible for paying one-third of the costs of maintenance, operation, repair, replacement, and improvement of the Chaplin Well No, 1, the pump, and appurtenant facilities. The costs of common water lines or other COtnnfOu water facilities shall be borne equally by the owners of the lots using such facilities. The lot owners shall cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines (o undertake such work, he shall first notify the other lot owners in writing. 'Ihe lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' proportionate shares of the costs. 6. Payment of Common Expense. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, water service to the delinquent lot shall be discontinued. Further, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Covenant, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Easements. Each of Lots 2, 3 and 4 is and shall be subject to perpetual and nonexclusive easements sufficient give force to the provisions of this Article, including easements for the construction, maintenance, operation, repair, replacement and improvement of the Chaplin Well No. 1, the pump, appurtenant facilities and water lines, as the saute may be located; provided, however, that the alignment of the common water facilities shall be such as will provide the most direct roue possible across each lot, yet remaining outside the building envelope. 8. Use of Water; No Waste. The owner of each of Lots 2, 3 and 4 is entitled to irrigate with water produced from the Chaplin Well No. 1 up to and no more than one-third acre (14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over c:lwri111)0,-\CIIArI.IN ri,: Baa irrigation use. and IR) outside use shall be allowed if any in-house domestic needs are not mel. The owners of Lots 2. 3 and 4 may in writing agree to restrictions on and schedules for lawn and garden irrigation. The Chaplin Well No. 1 shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division h.ngineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Chaplin Well No. 1. Unless otherwise agreed, no lot shall use more than one-third of the water physically available from the Chaplin Well No. 1 9. Irrigation Water Supply. Declarant is the owner of one-half of one share of the Ware and Hinds Ditch and ten shares of the Roseman Ditch. Upon conveyance by Declarant of each of Lots 1, 2, 3 and 4, Declarant shall quit claim to the grantee of each such Lot one- eighth of one share in the Ware and Hinds Ditch and 2.5 shares of the Roseman Ditch. Declarant shall cooperate with the grantees to satisfy any requirements of the ditch companies to accomplish the transfer of such shares. AR'T'ICLE 11 GENERAL PROVISIONS 1. Covenants to Run. The Covenants herein set forth shall run with the property constituting the Subdivision, and shall bind the Declarant, his successors, and assigns. All parties claiming by, through, or under the Declarant shall be taken to hold, agree, and covenant with each owner Of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding on the Declarant or any other persons except in respect to breaches committed during his or their ownership of said land. 2. Enforcement of Covenants. 'These Covenants may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by these Covenants. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. 3. Terms of Covenants. These Covenants shall remain in effect for a period of twenty-five (25) years, and automatically shall be continued thereafter for successive periods of ten years each, unless all three (3) lot owners in the Subdivision affirmatively vote to repeal or amend all or any portion of these Covenants at any time prior to the expiration thereof; provided, however, that no repeal or amendment shall be effective until an instrument setting forth such action, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk anc.1 Recorder. 4. Amendment of Covenants. 'These Covenants may he sooner amended by unanimous consent of all lot owners; provided, however, that no amendment shall be effective until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. Wr51 \ )f)CS u. ll API.Ir1. 1I)( HI. '. 1996 OP/ d119 • • 5. Severability. Should any provision of these Covenants be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions, which shall remain in hill force and effect. IN WITNESS WHEREOF, the Declarant, as the owner of all the lands described, has executed this day of • 1996. 13y 13y STATE, OF COLORADO ) ) ss. COUNTY O1 DECLARANT: Donald NI. Chaplin I3arbara L. Chaplin Acknowledged, subscribed, and sworn to before me this _ _ day of 1996, by Donald M. Chaplin and Barbara L. Chaplin. WITNESS my hand and official seal. My Commission expires: (::\`NI'S1\DOLS\(II,\PUN SIH' ['chi u.i, 7 22. 1'Iy4) Notary Public 11 _ ?o) . ?A. '•//' .1, ( ut, _ •. , . il ,i. (), / , • ; •• 1 ‘ . . ,/ , ' ' - !' • „i• . k ,^ ' •• . • (, . 1_'. '. I , ,'• ' ' . , I • I/ , .1•Iyo.....••• !„.1,6 ‘s, , -t j, , ‘ } I • ' I ; \), \\ „ . , ./. • 1 . . . , / •).? (1 k 1 / , ) 0 / % 1„ )1:c , , I / - \• ; .ii • • tP. / • 1 ./ \ ‘(1..?„,. '' 1...k. 4 ) ..,,1 . • ' , ! ' '1 ° d )4•,ily . ),•(, . , , 'iv- . i) A , I ..... /4-,- , 1, '. 1 , . .. • ..,f, , .. , I (( . • .,„ 'I i ) . 110)0 ., 1 i_i:::?.:,;:-„ ?"-z!„.._?-i'. ri 1 i )1•Z(...)1 -)1f - \-( , I -.:'---•:•:-.-:-:!-1-7.1.1.:T'..--:---,2' 71 ?)( ) ) r‘ rC1 1 )1•lo id „ 1 \ , o'E.'ll'"— • ''' ' . -• .' I ' i .,1111) — , • • _---- ‘", :••r•z '••••• 1 • • ,• • ,• I ( • 1 I ,.,?,.' I. • . ? . ., •:- • --;',• 1 !I ', , ‘• . - -,:-.'s • -.::-----.;) ., Y::: -, 1 ( , %. , i• -N:_1' • ,....-.-.-.,\. , ‘ \I, „ :.-..1.;•.i-.] ..', . . ,., ''''' '''.1' '''-• •'' ' • . i ' . \ • . '•'. -':- r : it))1'7( \.;/ l'',;. ,?...,if 71' '''':-•'s \• • .” I 1 'i:' '''''''''.:.-- ..--': '-. r: yi)iyis:;•:'•...ii.'z-....,......,-.-..:-•-•:-.::: n• ,_ - -I , t.)1110 (.)\' \OV) 111(111 (:())111 11Y 1)2:1 C(.1()I'Fil1 Avii111.11i GI. Ir_.1.1\-Al()011 13111111-1(15, CO 1)1(301 (303) 9,15-(113/6 • FAX (311:1) 915-20113 t ‘\ I1/1t??/\'-, ?( Burning Mountains Fire Protection District Box 236 Silt, CO 81652 Board Ross Talbott - Chairman Joe ivtontover Sean Mello Tom Voight Gordon Witzke 1 ,. '. , : �= r am- ;'J id y Don Zordel - Chief Stu Cerise - Assist. Chi February 23, 1996 "1'o Whom It May Concern: "This is to inform you that the property owned by Donald M. & Barbara L. Chaplin, located at 4023 County Road 214, T6S; R 92W; Section 1, SW1/4 of the NE1/4, Lots 1 & 2, is within the Burning Mountains Fire Protection District and we do provide fire protection to same. It should be noted that the distance from the fire station will make for a long response time. Thank you, Donald L. Zordel, District Chief Burning Mins., FPD FEBD 7,©TITTIM 2 7 1996' Caloia Houpt & Light, P.C. • • GARFIELD COUNTY Building and Planning March 6, 1996 Donald & Barbara Chaplin P.O. Box 550 Vail, CO 81658 Dear Don & Barbara, Your application for a Subdivision Exemption has been scheduled for a public meeting before the Board of County Commissioners on April 8th, 1996, at 2:45 p.m., in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the meeting. Copies of the enclosed exemption public notice form need to be mailed by certified return -receipt to all property owners, public or private, adjacent to or within 200 ft. of your property at least 15 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of mailing and return -receipts from these mailings need to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. The exemption site must also be posted with the enclosed Notice poster, visible from a County Road, at least 15 days, but not more than 30 days, prior to the meeting. Please examine all enclosures to verify their accuracy. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Sincerely, Eric D. McCafferty Garfield County Planner Enclosures Edmiedm 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 PUBLIC NOTICE TAKE NOTICE that DONALD & BARBARA CHAPLIN have applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Exhibit A Practical Description: Located approximately two (2) miles east of Silt in Peach Valley. Said subdivision exemption is to allow the petitioner to divide a 77 acre tract into four (4) parcels of 10, 20, 21 and 26 acres each in size, more or less, on the above described property. All persons affected by the proposed subdivision exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such subdivision exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 9:00 a.m. and 12 noon and 1:00 p.m. and 4:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 8th day of April, 1996, at the hour of 2:45 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Lots 1 and 2. and the SUl,-,,L':; of Section L, 'township 6 South, Pange 92 West cif I iie 6th Pri.nci.paL Piericli_an, except tracts of laud conveyed Ty deeds recorded as Documents dos. 93133 and 1.64916 and also except tract of land reserved by deed recorded as Document Ho. 243139. OTIC TAN OTI�� " That N/� OLD /�g'j�QQ.,/� C�f�YUNf ha applied to the ©�tiv of CX&N-rY Garfield, County pursuant to SEcrt t4 ', 4100 G tgLD Com Al -r %8U1VISio 'KCyvlL'?rion) to allow : �C DLvIIb,Lo 4 77 Acize 711.4c:r 2 ro oUg AK CELS of /6, 2.4 '24 Atli) 14 c2tr S E c41, i'IotZE DIZ Liss on this property. A public rt'%E'r/N& on this ap•Iication rK'II be held in the wig id S • Q.S / oo,1 /?0061 301 • tJiCol/fie-No(6C Glenwood Springs, Colorado ComititiSion*XS on AF n? /9% (deta) � at (time 1:45 77r1 Date Notice Was Posted : By: For additional information, contact the COL4ft' 12LANAtio I)EP7 at CILK-TiliZ or ti/ -SSE , 109 8th St. Suite 303 , Glenwood Springs, CO 81601 BEFORE THI ,ARD OF COUNTY COMMISSIOERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned Donald M. and Barbara Chaplin respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of (about) 78 acre tract of land into 4 tracts of approximately _ 19.5 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: To conform with the character of the neighborhood,.... SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: (Applicants have prepared Exhibit 1. , ....to discuss and explain certain submittal reauirements....which is attached.) A. Sketch map at a minimum scale of 1'1=200' showing the legal description of the property, dimension and area of all Tots or separate interests to be created, access to a public right-ol-way, and any proposed easements for drainage, irrigation, access or to ilities; 13. Vicinity reap at a minimum scale of 1"=-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees ofmineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics ()leach type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger pare& 2•‘ i! existed on January :, 1973. J. A $300.00 fee must be submitted with the application. ‘11C)°I44t je4 (Donald M. Chaplin) Petitioner (Barbara L. Chaplin) Petitioner! P.O. Box 550 Mailing Address Vail. Colorado 81658 City State (970) 845-2004 (Office) Telephone Number EXEM1 T1ON APPLICABILITY The Board of -County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair ordefeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district; and I I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application maps and supplemental information shall be submitted. • . B. The Planning Division shall review the exemption request forcompleteness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. the exemption site shall be posted clearly and conspicuously visible from a public right-of- way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these regulations. 4 • • Exhibit 1. to Petition for Exemption, Chaplin, Donald M. and Barbara L. of Monday, February 26, 1996. SUBMITTAL REttlIREME;ITS, ...Notes. A. Attached,....prepared by Rich Holson; B. Attached,....again, prepared by Rich Holson; C. Copy of Deed,....attached; D. Attached,...names and addresses of owners of record. We asked Stewart Title Company to 3lenwood Springs, Colorado to assist us,....in order to be accurate and complete; E. Evidence of soil types,....the applicants have worked with Soil Conservation for many years,...specifically, Leon Padilla. The attached information was prepared by his office; F. Source of water,....Decree for Klumker Well and copy of Permit for second well attached; Method of Sewage Disposal,...Individual (Engineered) sewage disposal systems per and constructed in accordance with county regulations; Letter of Approval of fire protection plan. Don Zordel has been provided with the legal and physical description of the subject property. He has stated that he will prepare and submit the appropriate letter to the Board of County Commissioners by way of the Planning Department,....with a copy to the applicant; Municipal water or sewer system,....Not applicable. H. Narrative,....why is Exemption being requested? The Appli- cant's decision is to conform to the character of the neighborhood which is,...generally, smaller parcels of land; I. To demonstrate that the parcel existed as described on January 1, 1973. Copies of the appropriate Deeds are attached,....from Klumker to Chaplin,...and prior owner to Klumker. Again, copies of the appropriate information obtained from Stewart Title Company of 3lenwood Springs, Colorado. J. S3J0 fee,... Applicant's NOTE: Donald and the applicant ri: :t`.+ce' a check in that amount. As we prepare this Petition for Exemption, we have attempted to be accurate and complete. We have engaged competent parties in the inital stages of this process, and will continue to involve this team of competency in the continu- ing process. In this request for Exemption,.... our commitment is to be exemplarary,...not only for future owners but for the community of Gar- field County, as well: Barbara Chaplin IN REPLY REFER TO: • • United States Department of the Interior-,, BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 April 4, 1996 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 1785g:4". \711;. (7-880) Dear Mr. Bean: In response to your request for comments regarding the proposed Chaplin Subdivision Exemption located in T6S, R92W, Section 1, Lots 1 and 2, SWINE%, Sixth PM approximately 2 miles east of Silt in Peach Valley, I offer the following statements for your scheduled April 8, 1996, public meeting. The northern edge of the 77 acre tract is adjacent to public lands administered by this office. Current uses on the BLM include livestock grazing, wildlife habitat, and dispersed recreation such as hunting, horseback riding, and hiking. 1. Ownership of land adjacent to BLM-administered public land does not grant the adjacent landowner(s) any special rights or privileges for the use of the public lands. 2. The owners should be advised that the adjacent public land has current permits for livestock grazing. Under Colorado statutes, it is a landowner's responsibility to construct, and maintain in good condition, a lawful fence protecting their property in order to recover any damages from trespass livestock. If a livestock fence is not presently in place, a fence built along the private/BLM boundary is recommended to resolve this use conflict. The proponent should be aware of the location of property boundaries to ensure no encroachment occurs on public land. Should any fence construction be considered along the private/BLM boundary, the fence standards should allow for easy passage by big game. This office can provide additional information regarding fence standards upon request. 3. Adjacent public land is open to hunting and other dispersed recreation activities. The proponents should be aware that hunting and other recreation uses aLe allowed o11 BLM-cd1tiiitis1.eL l.1 land. 4. Any roads, trails, paths, or utilities (water, electric, phone or otherwise) crossing BLM would require right-of-way (ROW) permits from this office. An environmental assessment report would be completed as a part of the ROW permitting process. 5. The proposed subdivision lies within deer critical winter range. Encroachment of homesites and people on big game winter ranges can have a deleterious effect on game herd populations and health. Animals currently wintering on the private lands will be displaced to adjoining public and private lands. Habitat conditions on much of the big game winter range in this area is considered unsatisfactory. Thank you for the opportunity to comment. If there are any questions, please contact Jim Byers of this office at 945-2341. Sincerely, Michael S. Mottice Area Manager