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HomeMy WebLinkAbout1.0 Application• BEFORE TIIE BOARD OF COUNTY COMMISSONERS 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 ,X aft t .b- - tez respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of /65• g 7 acre tract of land into +amu C 3L.tracts of approximately _ 38/ 2 `i•i6 d- P-03 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: P i C /LC rizek4 4-0 a,24 .J2,2) 1 -2-A -aa--) SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map 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 2,00 feet of the proposed exemption, mineral owners and lessees of mineral 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 of each 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 parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. Petitioner P. e? aGx 636 Mailing Address 6 f 1,4,- Y) 5/9/z4,1 City State 923—o9 et,' 6 oro Telephone Number EX EMPTION 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 or defeat 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 H. 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 DevelopmenUPlanning Division. Two (2) copies of the application maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness 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 ight-ofway with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (3)) 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. • • Recorded at. ©G'.____. ° ..].r,,}.•..._ _.. M. APR 71978 28466 Reception No. _:____ Elia Stephens. Recorder PERSONAL REPRESENTATIVE'S DEED BOUK508 PAGE 3 19. STATE DOCUMENTARY FIE APR 7 1978 THIS DEED is made by WILLIS E. PARKISON as Personal Repre- sentative of the Estate of Austin Edward Dever, also known as Austin E. Dever, also known as Austin Dever (an unmarried person), deceased, Grantor, To DOROTHY DEVER FULLER, Grantee, whose address is 6480 South Vine Court, Littleton, Colorado - 80121 and To RICHARD THOMPSON DEVER, Grantee, whose address is P.O. Box 636, Glenwood Springs, Colorado - 81601 WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated January 31, 1977, which Will was duly admitted to informal probate on March 15, 1977, by the District Court in and for the County of Garfield and State of Colorado, Probate No. 11-546; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on March 15, 1977, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto Grantees as the persons entitled to distribution of the property under the above captioned Will, the following described real property situate in the County of Garfield, State of Colorado: FIRST PARCEL: S4NE4 and Lot One of Sec. 1, Tp. 6 S., R. 90 W. 6th P.M. W4SE4 and NE4SW4 of Sec. 33, Tp. 5 S., R. 89 W., 6th P.M. Together with all well and ditch and water rights of every type and description, appurtenant to, or used in connection with, said lands. (Less 31.922 acres and 29.002 acres, and certain access rights, previously conveyed out.) 4 All • SECOND PARCEL: of the oil, gas and other minerals in and under: T. T. 6S, R. 92 W. 6th P.M. Sec. 17: SW1/4NW1/4, W1/2SW1/4 Sec. 18: S ZNE4, N ZSE1/4, SI4SE1/4 Sec. 19: Lot 3 (48.42a.), NW1/4SE1/4 6S., R. 93 W. 6th P.M. Sec. 25: SE4NW14, E 2SW4 Sec. 35: SIISE4 Sec. 36: NE4, S 2NW4, N�SW�, NE1/4NW1/4 . 93 W. 6th P.M 1: Lot 2 (24. W ZNW4SE4 2: Lot 1 (23.65a.), E%SES T. 7S., R . Sec. Oa.), WIISW4, NE -SW', Sec. An undivided one-third of the oil, gas and in and under: T. 6S., R. 93 W. 6th P.M. Sec. 26: WIISE1/4 other minerals. BOOK 508 PAGE 320 (All the above leased to Transcontinent Oil Company, by Lease dated 8/16/67, recorded B388.P242 on 10/3/67; which Lease was assigned to Atlantic Richfield Co., by undated Assignment, recorded B393 P169 on 3/29/68) Min. Acres 120 200 88.42 120 80 360 164 103.65 26.67 1,262.74 An undivided one-third of the oil, gas and other minerals in and under: T. 6S., R. 93 W. 6th P.M. Sec. 35: NINE/ As to both parcels: With liens and encumbrances. Executed March 14, 1978. STATE OF COLORADO COUNTY OF GARFIELD 26.67 (Leased to Atlantic Richfield Co., by Lease dated 5/21/74, recorded B462 on P373 on 7/29/74) ss. all appurtenances, free and clear of As Personal Representative of the Estate of Austin Edward Dever (also known as Austin E. Dever, also known as Austin Dever (an unmarried person), deceased. "'fhe foregoing instrument was acknowledged before me this fourteenth A.o.f Movch, 1978, by Willis E. Parkison as Personal. Representative ,�,��'1t�id�� state of Austin Edward Dever, also known as Austin E. Dever, ea10 k g) Austin Dever (an unmarried person), deceased. • toT A Rryy •oomiu25, gsion expires: January 1982. tit t PUB L\f4ITNESS my hand and official seal. Notary Public OCT 2 0 19 ' Bur( 84 . r - Recorded at o'clock M., P�GE55S Reception No. 11/."L "1J03 -Recorder. geed KNOW ALL MEN BY THESE PRESENTS THAT DOROTHY DEVER, formerly known as Dorothy Dever Fuller First Party 99 South Downing Street P.O. Box or Street Address Denver, CO 80209 City State Zip RECO-RD-SW- • OCT 20 1992 State Doc: Fo3 * ❑ a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to RICHARD THOMPSON DEVER Second Party P.O. Box 636 P.O. Box or Street Address Glenwood Springs, CO 81602 City State Zip *11g individually O joint tenancy ❑ tenancy in common ❑ a Colorado Corporation O a Partnership ❑ a Limited Partnership the following described property in the County of Garfield and State of Colorado:. All of First Party's right, title and interest in and to a tract of land situ- ated in Lot 1 of Section 1, T. 6 S., R. 90 W., 6th P.M., being more particularly described as follows: Beginning at the northwest corner of said Lot 1, whence an aluminum cap found in place for the northwest corner of said Section 1 bears S. 89°09'54" W. 3,961.67 feet; thence N. 89°01'59" E. 525.89 feet along the northerly boundary line of said Lot 1; thence South 1,073.21 feet; thence S. 74°03"38" W. 220.85 feet; thence West 319.93 feet to a point on the westerly boundary line of said Lot 1; thence N. 00°19'48" E. 1,125.00 feet along said westerly boundary line to the point of beginning, containing 13.57 acres, more or less. Together with a proportionate interest in and to the Dever Well No. 2 and water produced therefrom, and a right-of-way over and across the SZNE4 and Lot 1 of Section 1, T. 6 S., R. 90 W., 6th P.M. and the W1/2SE4 and NE4SW1/4 of Section 33, T. 5 S., R. 89 W., 6th P.M., for ingress and egress over and along the existing roadway and for all utility purposes including, without limitation, watery electri- cal, telephone, gas and cable TV lines, with all its appurtenances. (NO STATE DOCUMENTARY FEE REQUIRED - correction deed.) SIGNED this 62 day of October , A.D. 19 92 . C d4-2- ( Gte t� DOROTHY Ld VER, formerly known as Dorothy Dever Fuller STATE OF COLORADO ss. COUNTY OF DENVER .) The foregoing instrument wds acknowteflgedbefore me this day of October 19 92 by DOROTHY DEVER, .formerly -f -known as Dorothy Dever Fuller. 3';9j Witness my hand and official seal. My commission expires: ACL- NOTE: "If applicable, mark square with x. Singular shall include plural as context requires. Notary Public • • SHELTON — Form 2 • Recorded at a Reception No. OCT 2019, o'clock P M. - • 40192 BOOK 84& - 1 j7 ecorder. Qccitelavm deed KNOW ALL MEN BY THESE PRESENTS THAT RICHARD THOMPSON DEVER First Party P.O. Box 636 P.O. Box or Street Address Glenwood Springs, CO 81602 City State Zip * ❑ a Colorado Corporation 0 a Partnership 0 a Limited Partnership RECORDER GARdELD OCT 20 L997 c. State Doso • for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to DOROTHY DEVER,formerly known as Dorothy Dever Fuller *(8) individually Second Party ❑ joint tenancy 99 South Downing Street ❑ tenancy in common P.O. Box or Street Address 0 a Colorado Corporation Denver, CO 80209 ❑ a Partnership City State Zip 0 a Limited Partnership the following described property in the County of Garfield and State of Colorado: A parcel of land situated in Lot 1, Section 1, Township 6 South, Range 90 West of the 6th Principal Meridian. Said parcel of land is more fully described as follows: Beginning at the Northwest corner of said Lot 1, thence southerly along the West line of said Lot 1, 1075 feet, thence East 550 feet, thence North 1075 feet more or less to the North line of said Lot 1, thence Westerly along the North line of said Lot 1, 550 feet more or less to the Northwest korner of said Lot 1, the point of beginning, containing 13.57 acres more or less. Together with a right-of-way for ingress and egress and a right-of-way for a pipeline from the Dever Well No. 2 over and across the following descibed parcel of land, to -wit: S12NE14 and Lot One of Section 1, Township 6 South, Range 90 West of the 6th P.M. WIISE14 and NEkSW1/4 of Section 33, Township 5 South, Range 89 West, 6th P.M., with all its appurtenances. (NO STATE DOCUMENTARY FEE REQUIRED - correction deed.) SIGNED this 1-1-) day of October STATE OF COLORADO ) ss. COUNTY OF GARFIELD , A.D. 19 92 Richard Thompson Dever The foregoing instrument was acknowledged before me this 2 f) day of October 19 92 by Richard Thompson Dever. NOTE: Witness.my,hand-.andofficial seal. My corimmiss'r8n'expi es: j o -- } r L•' l'7 / • ;• ... .. "1f applicable, mark squer'e.vDith,ti.. • "ei, Singular shall include plural as.contt*btequires. otary Public • • SHELTON — Form 2 • DEPARTMENT OF EMERGENCY SERVICES August 31, Mr. Mark Garfield 109 8th. Glenwood 0 S • FIRE • RESCUE '`f 0 9 1993 Bean, Planning Director County Planning Dept. Street Springs, CO. 81601 Re: Dever Property Subdivision Dear Mark, Mr. Rick Dever has requested a letter from our department stating his property at 49897 U.S. HWY. 6 & 24 is within the boundaries of the Glenwood Rural Fire Protection District. This letter will confirm that this property is within our jurisdiction. It is further our understanding that Mr. Dever wishes to split the property into four lots for four single family residences. Pursuant to Uniform Fire Code 1982 as adopted by our district, a water supply capable of supplying adequate fire flow would be required. As a general rule of thumb in rural type situations 500 gallons per minute at a 20 PSI residual pressure is required for fire flow. This supply should be available for a two hour duration and be above what is required for domestic use. Access to the project should also be reviewed. We would be happy to discuss the above requirements and any other concerns with the applicant if necessary. Sincerely, James S. Mason, Director Glenwood Emergency Services cc. Mr. Richard Dever 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597 August 3, 1993 i To the honorable board of County Commissioners of Garfield County, Colorado My name is Richard Dever and me and my sister Dorothy Dever own a parcel of land in west Glenwood Springs directly west and north west of Ami's Acres campground. The parcel contains approximately 165.87 acres and I will be refering to it as tract B in this application. I think it would be appropriate and helpful to all concernedif I state how my sister and I came to own this property and what has occured since we became the owners. Our father, Austin Dever, passed away on March 8, 1977 and willed us this property. Then on April 7, 1978, Willis Parkison, the executor of our fathers estate and personal representative transfered the ownership of this property to us in the form of a personal representative's deed, Book 508, Page 319. I have enclosed a copy of this deed with this application. At the time this deed was issued to us the parcel contained 179.44 acres. Then in 1980 I decieded to move onto the property so I could better manage the property. I approached my sister about buying her undivided half interest in a small portion of the property so that I could develope a homesite for myself. She agreed to the location that I chose and I then applied for and was granted an expemtion by the board of County Commissioners of Garfield County, Colorado -resolutions numbers 80-236 and 81-386. Out of this resolution two tracts were created: Tract A, containing 13.57 acres where I now live and Tract B, containing 165.87 the parcel we now would like to further divide into a total of three more tracts. It is my understanding that this can be accomplished if we qualify under C.R.S. 1973, 30- 28-101. I believe that we do. My sister and I believe that the nature of our ownership as well as the topography of the parcel warrant this division. Along with this letter I am enclosing a petition for exemption and most of the required additonal information required in the petiton. Any and all additional information will be provided as requested. My sister and I look forward to working with the commissioners on this matter. Sincerely, Richard Dever Dever 1 • pPA M I C N r4 V X /9,0 , ax 6 53 �L� n�woo 0 S°,z,rt, 6S CULo f ,40o $/G O2 E44 NI ,4 May NEIL O S2 q / 32 i o, G .vu... ca c) $/O,'i- G 3, G � Lc.) it A o / G o/ -7 E." Uti(__ B ua EA LA, of L,i b G k ME-.vT P, , /Gd 9 6 .;, .., 5/,14,Y, , Co�v/t40o SIol2iv) KING /Z�1NG+f Rouge I — F opes �- U I'I 6' 4 - COLO At 0 Zo Z o.1% GLEn-,w o o o S P/Z r n. 6 5 Cti c .c e9 ,7 C- , 3/6 0 / E Erv'PTf 49V • RIFLE AREA, COLORADO subsoil is sandy clay loam, and the substratum is loam and very gravelly loam. Bedrock is shale and sandstone. Ascalon soils are on moderately sloping to strongly sloping alluvial fans and mesas. They are deep and well drained. The surface layer is fine sandy loam, and the subsoil and substratum are sandy clay loam. Minor in this unit are Tanna soils, Torriorthents, Cam- borthids, Badland, and Rock outcrop. Tanna soils are on the strongly sloping to very steep mountainsides. Bad - land is on the very steep mountainsides and hills. Tor- riorthents, Camborthids, and Rock outcrop are on the steep to very steep hills and mesa breaks. This unit is used for grazing and wildlife habitat. It provides cover and food for deer, elk, rabbits, grouse, doves, and chukars. The understory vegetation is sparse in most areas and is dominated by pinyon and juniper. Livestock grazing must be carefully managed to prevent deterioration of the desirable understory vegetation. Deer and elk feed in these areas of sparse vegetation in winter. Community development is limited to a small part of this map unit. Steep slopes and stoniness are the main limitations. 8. Buckton-Inchau-Cochetopa Shallow to deep, well drained, moderately sloping to steep soils on mountains and alluvial fans This map unit is mainly in the southwestern part of the survey area. The soils formed in alluvium derived from sandstone, shale, and basalt. Average annual precipita- tion is 18 inches, and average annual temperature is about 40 degrees F. This map unit covers about 5 percent of the survey area, or approximately 30,000 acres. This unit is about 40 percent Buckton soils, 25 percent inchau soils, 20 percent Cochetopa soils, and 15 percent soils of minor extent. Buckton soils are on ridges and mountainsides. They are shallow and well drained. The surface layer is loam, and the substratum is clay loam and loam. Bedrock is sandstone. Inchau soils are on mountainsides and ridges. They are moderately deep and well drained. The surface layer is loam, and the subsoil is clay loam. Bedrock is sand- stone or shale. Cochetopa soils are on mountainsides and alluvial fans. They are deep and well drained. The surface layer is loam, the subsoil is stony clay loam or stony clay, and the substratum is stony clay. Minor in this unit are Jerry, Morvai, and Tanna soils. Jerry and Morval soils are on mountainsides and mesas. They are deep, well drained, and loamy. Tanna soils are on mountainsides. They are moderately deep and well drained. Almost all of this unit is used for grazing and wildlife habitat. Buckton soils have fair potential for grazing and wildlife habitat. lnchau and Cochetopa soils have good • potential for grazing. All of the soils in this unit are poorly suited to community development. Steep slopes, depth to bedrock, and high shrink -swell potential are the main limitations. 9. Jerry-Lamphier-Cochetopa Deep, well drained, moderately sloping to steep soils on mountains and fans This map unit is in the north -central and northeastern parts of the survey area. The soils formed in mixed alluvial and colluvial material derived from sandstone, shale, and basalt. Average annual precipitation is about 18 inches, and average annual temperature is about 40 degrees F. This map unit covers about 18 percent of the survey area, or approximately 114,000 acres. This unit is about 30 percent Jerry soils, 20 percent Lamphier soils, 15 percent Cochetopa soils, 20 percent Dateman, Farlow, and Etoe soils, and 15 percent soils of minor extent. Jerry soils are on fans and mountainsides. They are deep and well drained. The surface layer is loam, the subsoil is cobbly clay loam, and the substratum is cobbly clay. Lamphier soils are on fans and mountainsides. They are deep and well drained. The surface layer and sub- stratum are loam. Cochetopa soils are on fans and mountainsides. They are deep and well drained. The surface layer is loam, the subsoil is stony clay loam and stony loam, and the sub- stratum is stony clay. Dateman, Farlow, and Etoe soils are on mountain- sides. Dateman soils are moderately deep and well drained. Farlow and Etoe soils are deep and well drained. Minor in this unit are Detra and Buckton soils. Detra soils are on mountainsides. They are deep and well drained. Buckton soils are on ridges and mountainsides. They are shallow and well drained. This unit is used almost entirely for grazing and wildlife habitat. A few small areas of gentle sloping soils are irrigated. The main crop is native hay. This unit has good potentia! for grazing and wildlife habitat. The main con- cerns in management are proper control of grazing, fenc- ing, range reseeding, and brush control: The unit is poorly suited to community development. Steep slopes and high shrink -swell potential are the major limitations. The unit has good potential for wildlife habitat. Deer, elk, mountain lion, grouse, rabbits, and squirrels are common. Broad land use considerations The Rifle Area covers approximately 630,000 acres in Garfield and Mesa Counties, Colorado. Nearly all of this land is privately owned. It is used mainly for range, wildlife habitat, irrigated pasture, and irrigated crops. 10 • Included with this soil in mapping are small areas of Detra soils and Rock outcrop. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately slow, and available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, elk sedge, and bromes. When range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are abundant. Properly managing grazing main- tains and improves range condition. Mule deer, elk, cottontail rabbit, wild turkey, and blue grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by steep slopes and low strength. This soil is in capability subclass Vile, nonirrigated. 2—Arle-Ansari-Rock outcrop complex, 12 to 65 percent slopes. This complex consists of strongly slop- ing to steep soils and Rock outcrop on mountainsides and sloping alluvial fans. Elevation ranges from 5,500 to 7,500 feet. The soils formed in alluvium derived from red -bed shale and sandstone. The average annual pre- cipitation is about 16 inches, the average annual air temperature is about 42 degrees F, and the average frost -free period is about 100 days. The Arle soil makes up about 45 percent of the com- plex, the Ansari soil makes up about 35 percent, and Rock outcrop makes up about 20 percent. The Arle soil is moderately deep and well drained. Typically, the surface layer is reddish brown very stony loam about 10 inches thick. The subsoil and substratum are reddish brown very stony loam about 22 inches thick. Soft reddish brown sandstone and shale are at a depth of 32 inches. Permeability of the Arle soil is moderate, and available water capacity is low. Effective rooting depth is about 20 to 40 inches. Surface runoff is medium, and the erosion hazard is severe. The Ansari soil is shallow and well drained. Typically, the surface layer is reddish brown loam about 10 inches thick. The substratum is reddish brown stony loam. Bed- rock is hard, reddish brown sandstone. Permeability of the Ansari soil is moderate, and availa- ble water capacity is low. Effective rooting depth is about 10 to 20 inches. Surface runoff is rapid, and the erosion hazard is severe. Rock outcrop is mainly red sandstone. This complex is used mainly for grazing and wildlife habitat. The native vegetation on the Arle soil is mainly wheat - grass, Indian ricegrass, mountainmahogany, and sage - SOIL SURVEY brush. The native vegetation on the Ansari soil is mainly Indian ricegrass, wheatgrass, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Mule deer, rabbit, and grouse find habitat on these soils. Use of this complex for community development or as a source of construction material is limited mainly by depth to rock, steep slopes, thin layers of borrow materi- al, and large stones. Special design can overcome these limitations. Drainage and structures to control runoff from snowmelt reduce erosion around construction sites and roads. This complex is in capability subclass Vile, nonirrigat- ed. 3—Arvada loam, 1 to 6 percent slopes. This deep, well drained, sloping soil is on fans and high terraces (fig. 4). Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sand- stone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is strongly alkaline or very strongly alkaline. pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is light brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, Heldt, and Wann soils. Also included are some soils that are high in silt. Permeability is very slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated farming. Irrigated crops produce very poorly because the soil takes water in very slowly and is droughty. Leaching is needed to remove excess salts if this soil is to be irrigat- ed. Soil amendments containing sulphur are helpful in leaching the salt. The native vegetation on this soil is mainly saltgrass, alkali sacaton, and greasewood. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. Seeding improves range in poor condition. Western wheatgrass, alkali sacaton, and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish- • • 12 SOIL SURVEY brown sandy clay loam about 30 inches thick. The sub- stratum is very pale brown sandy clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Potts soils that have slopes of 1 to 6 percent. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is medium, and the erosion hazard is moder- ate. This soil is used mainly for irrigated hay and pasture and some crops. Some areas are used for grazing and wildlife habitat. Corrugations are the main method of applying irrigation water. Sprinklers are also suitable. Steep slopes cause erosion to be more rapid on this soil than on less sloping Ascalon soils. Minimum tillage, cover crops, contour til- lage, and grassed waterways help to control erosion. Drop structures are needed in irrigation ditches. The native vegetation on this soil is mainly need- leandthread, wheatgrasses, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush also improves the range. Seeding improves range in poor condition. Pubescent wheat - grass, western wheatgrass, and big bluegrass are suit- able for seeding. Preparing a seedbed and drilling the seed are good practices. This soil has potential as habitat for cottontail rabbit, squirrel, pheasant, mourning dove, and wild turkey. Steep slopes and frost action limit community develop- ment. Cuts and fills should be minimal, and drainage is needed for roads and structures. This soil is in capability subclasses IVe, irrigated, and Vle, nonirrigated. 7—Ascalon-Pena complex, 6 to 25 percent slopes. These moderately sloping to hilly soils are on sides of valleys and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The soils formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. The Ascalon soil makes up about 65 percent of the complex, and the Pena soil makes up about 25 percent. The Ascalon soil is on the Tess sloping, somewhat con- cave parts of the landscape, and the Pena soil is on the steeper, convex parts. The Ascalon soil is deep and well drained. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 30 inches thick. The substratum is very pale brown sandy clay loam to a depth of 60 inches. Permeability of the Ascalon soil is moderate, and avail- able water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Pena soil is deep and well drained. Typically, the surface layer is about 12 inches thick. The upper part of the surface layer is dark grayish brown stony loam, and the lower part is dark grayish brown very stony loam. The substratum is very pale brown very stony sandy loam to a depth of 60 inches. Permeability of the Pena soil is moderate, and availa- ble water capacity is low. Effective rooting depth is 60 inches. Runoff is slow, and the erosion hazard is moder- ate. Included with these soils in mapping are small areas of Olney and Potts soils that have slopes of 6 to 12 per- cent. These areas are on small, isolated mesas and make up 5 to 10 percent of the complex. This complex is used mainly for wildlife habitat and limited grazing. The native vegetation is mainly needleandthread, wheatgrasses, mountainmahogany, and sagebrush. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. When the range is in poor condi- tion, seeding is practical. Areas must be carefully select- ed to avoid the concentration of stones. Pubescent wheatgrass, western wheatgrass, and big bluegrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Controlling brush improves areas that are producing more woody shrubs than are normally found in the potential plant community, but con- trolling brush may damage deer habitat. Cottontail rabbit, squirrel, pheasant, mourning dove, wild turkey, and some mule deer find habitat on these soils. Community development is limited by the steep slopes and frost action in the Ascalon soil and by steep slopes and stones in the Pena soil. This complex is in capability subclass Vle, nonirrigated. 8—Atencio-Azeltine complex, 1 to 3 percent slopes. These nearly level to gently sloping soils are on alluvial fans and terraces. Elevation ranges from 5,000 to 7,000 feet. The soils formed in mixed alluvium derived from red -bed shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 47 degrees F, and the average annual frost -free period is about 110 days. The Atencio soil makes up about 45 percent of the map unit, and the Azeltine soil makes up about 45 per- cent. Exposed areas of gravel make up about 10 percent of the unit. The Atencio soil is deep and well drained. Typically, the surface layer is dark reddish gray sandy loam about 11 inches thick. The upper part of the subsoil is reddish brown gravelly sandy clay loam about 12 inches thick, t C s n tl ti tt n T a RIFLE AREA, COLORADO 13 and the lower part is brown gravelly sandy loam about 5 inches thick. The substratum is sand, cobbles, and gravel to a depth of 60 inches. Permeability of the Atencio soil is moderate, and avail- able water capacity is low. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. The Azeltine soil is deep and well drained. Typically, the surface layer is reddish gray gravelly sandy loam about 8 inches thick. The underlying layer is reddish brown gravelly sandy loam about 10 inches thick. The substratum is calcareous sand, gravel, and cobbles to a depth of 60 inches or more. Permeability of the Azeltine soil is moderately rapid, and water capacity is very low. Effective rooting depth is about 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. These soils are used mainly for grazing and crops. Alfalfa, small grains, potatoes, and grass -legume hay are the main crops. This soil is irrigated mainly by flooding. Grassed water- ways and minimum tillage prevent serious erosion. Cover crops or stubble mulching in dryfarmed areas also reduce erosion. The native vegetation on these soils is mainly wheat - grass, sagebrush, and needleandthread. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Reducing brush improves the range. Pheasant, dove, rabbit, squirrel, and some deer find food and shelter on these soils, mainly in areas of crops. Use of this soil for community development or as a source of construction material is limited by the large stones. Special design is needed for septic tank absorp- tion fields because of seepage and the possibility of polluting ground water. This complex is in capability subclass IVs, irrigated, and Vls, nonirrigated. 9—Badland. This broadly defined unit consists of steep and very steep, nearly barren land dissected by many intermittent drainage channels that have cut into the soft shale and sandstone of the Green River Forma- tion and into the soft shale and siltstone of the Wasatch, Mancos, and Mesa Verde Formations. Badland occurs throughout the survey area, mainly on steep foothills and mountainsides that have outcrops of shale or sandstone. About 85 percent or more of the area is unvegetated. The water erosion hazard is very severe, and erosion is active. About 15 percent of this map unit is small, isolated areas of Lazear, Tanna, and Dollard soils. These soils have only a sparse plant cover, mainly scattered pinyon and juniper. The value for grazing is very limited. The trees provide a little protection and cover for livestock and wildlife. Badland is unsuitable for community development. Badland is in capability subclass Ville, nonirrigated. 10—Begay sandy loam, 1 to 6 percent slopes. This deep, well drained, nearly level to gently rolling soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red -bed sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is red or yellowish red sandy loam about 14 inches thick. The subsoil is yellow- ish red fine sandy loam about 10 inches thick. The sub- stratum is yellowish red stony sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Ascalon soils that have slopes of 6 to 12 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for some irrigated pasture and hay and for grazing. Small acreages of wheat, barley, and oats are grown. Flooding and sprinklers are suitable for irrigating this soil. This soil is droughty and needs frequent irrigation to mature crops. Controlling the rate of water application reduces piping and erosion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, chukar, and some mule deer find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by seepage, Targe stones, and excess fines. This soil is in capability subclasses Ille, irrigated, and IVe, nonirrigated. 11—Begay sandy loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil • GARFIELD COUNTY BUILDING AND PLANNING September 22, 1993 Mr. Jeff Deatherage Water Resources Engineer Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO 80203 RE: DEVER EXEMPTION (Section 1, T6S R9OW and Section 33 T5S R89W) Dear Jeff: Please find enclosed an application for a subdivision exemption from Mr. Richard Dever for a parcel of land west of the City of Glenwood Springs. Mr. Dever is requesting an exemption to split the 165.87 acre parcel into three (3) parcels of 126.38, 24.66 and 14.83 acres in size. Since the 126.38 acre parcel exceeds 35 acres in size, only the two smaller lots are subject to the County's exemption process. Due to staff overload (which I'm sure you folks can relate to), staff inadvertently missed referring the project to your office for review. On September 13, 1993 the Garfield County Board of County Commissioners conditionally approved the application pending a favorable recommendation from the State Engineer's Office. Based on representations from the applicant, the property appear to include three (3) approved wells. I have enclosed a copy of the USGS Quadrangle which includes the proposed exemption. If you have any questions, feel free to give me a call. Sincerely, Dave Michaelson Planner DHM/dhm Enclosures 1098TF1 STREET, SUITE 303 • 945-8212/325 5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • DEPARTMENT OF EMERGENCY SERVICES November 8, 1993 EMS • FIRE • RESCUE Mr. Dave Michaelson Garfield County Planning Department 109 8th. Street Glenwood Springs, CO. 81601 NCV, .0 1993 RE: Dever Property 49897 U.S. Hwy 6 & 24 Dear Dave, It is our understanding that the proposal to split the Dever property into four lots has been reduced to only two lots. Generally it has been the policy of the Glenwood Rural Fire Protection District not to require total water supply capacities for subdivisions of two or less lots. Since this request has been sized back to only two lots, we will at this time not be requiring the 60,000 gallon storage. We would however, like to be informed in the future of any proposed buildings or homes on these lots. At that time we can determine what the proper water supply will need to be based on the size of home and type of construction. Using the National Fire Protection Associations rural water supply pamphlet as a guide a home approximately 48' x 48' x 16' (36,864 cubic feet) constructed of wood frame with no exposures would require between 7,000 - 8,000 gallons of water. The use of an automatic sprinkler system could also be used to help offset the amount of water needed. A properly located water supply might be able to be utilized for both lots. We would calculate the supply based on the largest structure and its construction type. We appreciate your working with us on the water supply requirements. We would like to request that our comments be made a part of the recorded plat or other appropriate documents so any new owners or prospective buyers would also be advised. 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597 ti. J • • Please feel free to contact me if I can be of further assistance. S° cerely,� aures S. Mason, Director Glenwood Emergency Services • December 17, 1993 To the honorable board of Garfield County Commissioners, My name is Richard Dever and my sister, Dorothy Dever, and I are, as you know, in the process of and have been granted conditional approval for a subdivision exemption on propertywe own in west Glenwood Springs. We are aware that we have been granted 120 days from the date of September 13, 1993 to comply with the conditions you have set forth. Due to the onset of winter and our inability to conclude some necessary land surveying relating to our exemption, we respectively ask that we be granted an extension of time to complete the necessary land surveying and plat preparaton. My address and phone number are as follows: Richard Dever P.O. Box 636 Glenwood Springs, Colorado 81 602 Phone number (303) 928-0986 Thank you very much for your consideration in this matter. Sincerely, Richard Dever PPRCEWED DEC 2 0 1993 aid kw 9& //3/g- • June 10, 1996 G rF PEUJ COUNTY Hello Mark, Enclosed are two copies of our subdivision exemption plat. The one without the colored lines shows the current county approved boundary lines and legal descriptions for parcels A and B. The one with the colored lines shows the new boundary lines of parcels A and B, and also the parcel where I live (this parcel conatins 13.57 acres). I have adjusted the lines of all three parcels in such a way that all three parcels contain the same number of acres after the adjustment as they did before it. The reason I am applying for this change is that I would like my 13.57 acre parcel to border the B.L.M. not only on it's current east -west northern boundary but also on the soutnern portion of my parcel. The possibility that either parcel A or B will at some future point be used diffently than they currently are and are owned by me and my sister Dorothy as tenants in common allows my 13.57 acre parcel to remain adjacent to the B.L.M. on three portions of is boundary line rather than two. I believe as does my sister that the integrity of our western and northern boundary line can be maintained in this way. Based on what you told me in our brief talk about this matter you will present this to the commisioners and they will either allow the request and require from us a new plat and legal descriptions for parcels A, B, and my 13.57 acre or they will not. I also understand that there is a $ 100.00 review charge I must pay and will do so when I submit this information. If more is required of me I can be reached by phone at (970) 928-0986 or by mail at P.O. Box 636, Glenwood Springs, Colorado 81602. Sincerely, Richard Dever GARFIELD COUNTY SURVEYOR'S ftFICE Srnuel Phelps Garfield County Surveyor GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH STREET GLENWOOD SPRINGS, CO. . 81601 ATTN: MR. MARK BEAN, DIRECTOR County Courthouse 109 Eighth St. Glenwood Springs, COY 81601 (303) 945-9158 JAN. 11, 1995 RE: COUNTY SURVEYOR REVIEW OF THE DEVER SUBDIVISION EXEMPTION PLAT. DEAR MARK; I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING: 1) GARFIELD COUNTY SUBDIVISION REGULATIONS DO NOT REQUIRE AN ATTORNEY CERTIFICATE TO BE PLACED ON EXEMPTION PLATS. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL CC: SYDNEY LINCICOME P.L.S. LINES IN SPACE 0067 GLENWOOD AVE. CARBONDALE, CO. 81623 COUNTY SURVEYOR FILES AS GARFIELD COUNTY SURVEYOR • September 1, 1994, To the honorable board of Garfield County Commisioners, My name is Richard Dever and my sister Dorothy Dever and I have been granted conditional approval for a subdivision exemption by you relating to a parcel of land in the west Glenwood Springs area of Garfield county. The parcel is located directly to the west of Ami's Acres Campground. The reason I am requesting an extension of time to submit the final revised plat for your review and approval is that the BLM is in the process of re -surveying a portion of the township line that separates the upper portion of our property and the lower (southern) portion of our property. Until they set a government brass cap, which I was told they intended to do, for the NE corner of Section 1, Township 6 south, Range 90 west of the 6th Principle Meridian, I can't, with complete accuracy submit the plat you require. The reason this corner has not been set is because the chief surveryor has been gone from the area and surveying in a different part of the state for most of the summer. I talked with Dave Michaelson about this matter today and he instructed me to write this letter. He said that he would be able to discuss this matter, on my behalf, with you at your next meeting scheduled for September 6, 1994. Thank you for your consideration of my special situation. Should you need to talk with me about this matter my address and phone number are below. Richard Dever P.O. Box 636-(49897 Highway 6) Glenwood Springs, Colorado 81 602 (303) 928-0986 Sincerely, Richard Dever 6111t MAY 0 2 1994 May 2, 1994 GEAR'fELD COUNTY NTT To the honorable board of Garfield County Commisioners, My name is Richard Dever and my sister, Dorothy Dever I have been granted conditional approval for a subdivision exemption by you relating to a parcel of land in the west Glenwood Springs area of Garfield county. Back in December of 1993 I requested from you that we be granted a four month extension to complete the necessary requirements you asked ofus. As things have turned out it doesn't appear that we will be able to complete these requirements by May 11, 1994. After talking with Dave Michaelson about this matter, he told me that I could write to you and request an additional four month extension. I am doing so now. Dave told me that if I didn't request this additional four month extension that my application would be withdrawn. As of May 11, 1994 it will have been 240 days since you made your recommendations on September 13, 1993. I truely hope that you can approve our request for an extension of time to complete the necesary surveying and plat preparation that you asked for. Should you need to contact me I can be reached at: and Richard Dever P.O. Box 636 Glenwood Springs, Colorado 81 602 (303) 928-0986 Thank you for your consideration in this matter. I will contact Dave Michaelson sometime after May 11, 1994 to see if my request has been approved. Sincerely, Richard Dever 74 -id .7/.04(- 106c 414- s/1/14- • • ,53,'ATE OF COLORADO OFFICE OF THE STATE ENGINEER ' Division of Water Resources Department of Natural Resources 1,"1y 1 4" r 1993 1 313 Sherman Street, Room 818 2 Denver, Colorado 80203OUp" Phone (303) 866-3581 tiY c6.. p�—�' �'�� FAX (303) 866-3589 November 24, 1993 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Dever Subdivision Exemption S1/2, Section 33, T5S, R89W and NE1/4, Section 1, T6S, R9OW, 6th P.M. Water Division 5, Water District 39 Dear Dave: Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer Thank you for referral for a subdivision exemption located west of Glenwood Springs for Richard Dever. The applicant is requesting to split a 165.87 acre parcel into three parcels of 126.38, 24.66 and 14.83 acre lots. The two smaller Tots are subject to the County's exemption process. The proposed source of water for the two smaller lots appear to be on-site wells. Your referral indicates the applicant may have three approved wells. Mr. Dever stated in a previous permit application (Permit 174077) that existing wells are decreed with 1978 and 1979 adjudication dates but gave no case numbers. His data also locates the three wells in Section 1. Our files show one permit, No. 174077, being issued on the 126.38 acre tract. Permit 174077 was issued on October 28, 1993 as the only well on 40 acres described as the SW1/4, SE1/4, Section 33, T5S, R89W. Case No. W-1649 adjudicated the Dever Wells 1, 2, and 3 for domestic and irrigation purposes. Wells 1 and 2 appear to be located on the 14.83 and 24.66 acre parcels. Pursuant to Section 30-28-136(h)(I), C.R.S. 1973, the State Engineer's office offers the following opinion for your consideration regarding material injury to decreed water rights and the adequacy of the proposed water supply: 1. As per Case No. W-1649, there appears to be decreed wells located on the two subject parcels. The Dever 1 and Dever 2 are located on the 14.83 and 24.66 acre parcels, respectively. The wells are decreed absolute for irrigation and domestic purposes for 0.0669 cfs or 30 gpm each. These amounts should be adequate for domestic purposes. We recommend that the owners of the Dever 1 and 2 wells register these wells with our office pursuant to the terms and conditions of the decree. There is no fee for this service. • . Mr. Dave Michaelson, Planner Page 2 November 24, 1993 2. The Dever 1 and 2 were appropriated on July 13 and July 14, 1967, respectively. These wells appear to be beneficiaries of Green Mtn. Reservoir and are augmented pursuant to Case No. 88CW382, entered in Water Division No. 5 on November 10, 1992. Diversions by these wells are augmented during periods of river calls. The operation of these wells are not likely to cause injury to other water rights. Should you have further questions or comments regarding the water supply for this project, please contact me at the above address. DJF/jmg cc: Orlyn Bell, Div. 5 dever.sub Sincerely, David J. Fox Sr. Professional Engineer