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HomeMy WebLinkAbout1.0 ApplicationCLIFFORD CERISE RANCH COMPANY LLLP MINOR SUBDIVISION August 2014 Updated November 2014 Prepared for Garfield County, Colorado TABLE OF CONTENTS 1.Letter of Authorization and Application Forms •Letter of Completeness: September 30, 2014 •Responses to Letter of Completeness: November 21, 2014 •Minor Subdivision Criteria addressed: November 2014 •Bac_T lab test: November 6, 2014 •Letter re: Septic Suitability: November 19, 2014 2.Introductory Information and Background •Background Narrative •Vicinity Map •County Parcel Map of Surrounding Area 3.Minor Subdivision Plat and Related Drawings •Minor Subdivision Plat •Existing Topography 4. Compliance with Article VII, Division 1-3 School Dedication and Site Plan Summary 5.Technical Reports •Water Augmentation Plan: March 31, 2014 •Well Permit # 235453 : Issued September 11, 2001 •Water Testing Information: November 7, 2013 •Geotechnical Study – HP Geotech: November 22, 2013 •Environmental Constraint Summary •Wildlife Habitat Information Summary 6.Draft Covenants, Conditions & Restrictions 7.Miscellaneous Information •Letter of Service – Holy Cross Electric - June 17, 2013 •List of Property Owners within 200 ft. •Title Commitment – January 29, 2014 •Deeds for Property •Resolution 85-20: Reception No. 359318 •Cerise Subdivision Exemption Plat – Reception No. 359462 •Certificate of Limited Partnership – 1981 •Articles of Limited Partnership – 1983 •Resolution - Clifford Cerise Ranch LLLP - 2008 •Statement of Authority – Clifford Cerise Ranch Co. – August 5, 2010 •E-mail correspondence regarding Broker Price Opinion to establish Fee in Lieu of Land Dedication. SECTION 1 Application Forms Letter of Authorization Pre-Application Conference Summary Letter of Completeness: September 30, 2014 Responses to Letter of Completeness: November 21, 2014 Minor Subdivision Criteria addressed: November 2014 Bac_T lab test: November 6, 2014 Letter re: Septic Suitability: November 19, 2014 PROJECT TEAM Owner Clifford Cerise Ranch Company 4156 Crystal Bridge Drive Carbondale, CO 81623 (970) 379.9091 mike@csbldr.net Surveying Lines in Space 67 Glenwood Avenue Carbondale CO, 81623 970.963.3852 (office) Planning/Coordination Mark Chain Mark Chain Consulting, LLC 811 Garfield Avenue Carbondale, CO 81623 970.963.0385 (office) 970.309.3655 (cell) mchain@sopris.net Geotechnical Hepworth-Pawlak Geotechnical, Inc. 5020 CR 154 Glenwood Springs, CO 81601 970.945.7988 hpgeo@hpgeotech.com Legal Michael Sawyer Karp Neu Hanlon, P.C. PO Drawer 2030 Glenwood Springs, CO 81602 970.945.2261 GARFIELD COUNTY ·Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone : 970 .945.8212 Facsimi le : 970 .384 .3470 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-241-00-261 OWNER: Clifford Cerise Ranch Company REPRESENTATIVE : Mike Cerise PLANNER: Mark Chain DATE: Original 1/24/13 & 7/29/13 Updated 2/13/14 & 3/26/14 PRACTICAL LOCATION: Crystal Springs -103 and 105 Intersection TYPE OF APPLICATION: Minor Subdivision ZONING: Rural I. GENERAL PROJECT DESCRIPTION This Pre-Appl ication summary is an update to two previous meetings/summaries completed in 2013 . The subject property is 65 acres and was created by Resolution No . 85 -20 . The Applicant is proposing the creation of 3 lots through the Minor Subdivision process . The previous discuss ion of road split exemptions are not part of the current plans by the Applicant and are not needed for the current application . Minor Subdivision review criteria require demonstration of adequate legal and physical water for each of the parcel created , adequate access, the ability to install adequate wastewater systems on each parcel, that no hazards result from the creation of the parcels or existing hazards are not increased , and a plat compliant with the statutory and county requirements is submitted . If improvements such as common water systems or shared access are necessary then an Improvements Agreement will be required to assure construction and completion of the improvements . Demonstration of adequate water requires submittal of well permits to show that legal water exists , 4 hour pump tests are required to demonstrate that the wells can supply water to the serve the sites , and water quality testing compliant with County Submittal requirements most be provided . Submittal waivers can request that the pump tests and water quality testing be completed after the Director's Decision but must be completed prior to the plat being presented for signatures by the Board. Other topics discussed included: • The Applicant is preparing an augmentation plan to address legal water issues and obtaining new well permits. • An existing well on the property has previously been tested. Review of that documentation would be required. • Additional addressing for the lots would be part of the review. • The County Road Right-of-Way would need to be shown on the plat. • The availability of geological constraints mapping through the County's GIS Department. • Potential need for driveway access permits from the County Road and Bridge Department. • The lack of leinholders on the property which simplifies the plat filing process. • The Applicant inquired as to whether a Brokers Price Opinion would be adequate for the calculation of the School Land Dedication requirement. This will require additional direction from the Planning Manager. II. COMPREHENSIVE PLAN -ZONING The Garfield County Comprehensive Plan 2030 designates the site as Residential Medium, appropriate for a density ranging from 6 acres -10 acres per dwelling unit. Ill. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: ~ Section 5-301 Minor Subdivision ~ Table 5-103 Common Review Procedures and Required Notice ~ Section 5-401 and Table 5-401 Submittal Requirements ~ Section 5-402 Description of Submittal Requirements including Final Plat ~ Section 4-103 Administrative Review ~ Provisions of Article VII, Articles 1, 2, and 3 as deemed applicable including adequate provision of water and sewer to serve the site ~ Section 4-112 Call-Up to the BOCC IV. ADDITIONAL SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of additional information typically required for this type of application: ~ Proof of Ownership (title work or copy of a deed) and information on any lien holders. ~ Names and mailing addresses of properties within 200 ft. of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. ~ Copy of the Assessor's Mapping showing the adjacent properties. ~ If owner intends to have a representative (Planner or Attorney) a letter of authorization to represent is needed. ~ Copy of the Preapplication Summary needs to be submitted with the Application. ~ Copy of the Application Form, Application Fees and signed Payment Agreement Form. ~ The Proposed Minor Subdivision Plat showing the proposed lot lines, utility easements, and access easements. The plat needs to include all lots and the overall 65 acres. ~ Site Plan information including confirmation that no nonconforming conditions will result from the proposed subdivision. The information can be included on the proposed plat but may be removed prior to final recording based on recommendations from the County Surveyor. ~ Vicinity Map including areas within approximately 3 miles. ~ Information as applicable to demonstrate compliance with provisions of Article VII (including provision of utility services including but not limited to water and sewer, access, soils, geology, and hazard review/mitigation). Application formatting that addresses each section is recommended. ~ Referral to the Colorado Geological Survey is also required which includes an additional referral fee. ~ Preliminary Engineering Reports as applicable including roads, wastewater, drainage, and any preliminary cost estimates. ~ Waiver requests from submittal requirements or standards need to be included in the Application and waiver criteria clearly addressed. ~ A narrative describing the request and related information. V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including: ~ Pre-Application meeting ~ Submittal of Application (3 hard copies & one copy on CD) ~ Completeness Review ~ Additional Submittals and Referrals ~ Setting a date for the Director's Decision ~ Public Notice to Property Owners within 200 ft. and mineral rights owner (Certified Return Receipt Mailing a minimum of 15 days prior to the Director's Decision. ~ Director's Decision ~ Call-up Period ~ Finalizing the Minor Subdivision Plat and any required conditions ~ Circulation for Applicant & Other Signatures ~ Board of County Commission Signature of the plat as a consent agenda item. The Application may be called up for review by the Director, the Board of County Commissioners, the Applicant, or an affected Adjacent Property Owner in accordance with the procedures and review process contained in Section 4-112. Public Hearing(s): Referral Agencies : _L Directors Decision (with public notice -may be call-up for a public hearing with the Board of County Commissioners) _ Planning Commission __ Board of County Commissioners _Board of Adjustment May include but are not limited to : Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Colorado Division of Water Resources, Colorado Geological Survey, Fire Protection District. VI. APPLICATION REVIEW FEES Planning Review Fees: Referral Agency Fees: Total Deposit: $400 $tbd $400 General Application Processing (Colorado Geological Survey with Fee) (additional hours are billed at hourly rate of $40.50) Planner reviews case for completeness and sends to referral agencies for comments . The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval , approval with conditions, or denial to the Director of the Building and Planning Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning , which is subject to change in the future , and upon factual representations that may or may not be accurate . This summary does not create a legal or vested right. Pre-application Summary Prepared by: 7>/z&/!f Glenn Hartmann, Senior Planner Date Garfield County Community Development Department September 30, 2014 Mark Chain 811 Garfield Avenue Carbondale, CO 81623 Garfield County Community Development 108 8th Street, Suite 401 , Glenwood Springs, CO 81601 Office: 97()..945-82 12 Fax: 970-3 84-3470 RE: Completeness Review Cerise Minor Subdivision (File MISA-804 7) Dear Mark: The Community Development Department is in receipt of the Cerise Minor Subdivision Application you submitted on behalf of the Clifford Cerise Ranch Company. The Application proposes the creation of three lots out of a 66.12 acre parcel. The site is located off of County Road 103 and 105, approximately 4% miles northeast of the Town of Carbondale and is also known by Assessor's Parcel No. 2393-241-00-261. The application has been reviewed to determine if the submittal materials are complete and there are several items that need to be provided or resolved prior to a determination of technical completeness . The Application included review by the County Attorney's Office. Please respond to the following iten:is: 1. The Application only requires the Minor Subdivision Application Form. The second Administrative Land Use Change form is not required. Pre-application references to Section 4-103 are in regard to processing only. 2. The Application form and related authorization documents need to be updated to reflect the full ownership entity (Clifford Cerise Ranch Co., LLLP rather than the Clifford Cerise Ranch Company). 3. Mineral rights ownership information needs to be provided and a linked title commitment is needed for review by the County Attorney's Office. 4. In regard to the proposed plat the following issues need to be addressed: • Signature Block for Ownership and Dedication on the plat should include signature lines for all general partners. • The plat needs to reference the title commitment and include all recorded encumbrances including easements for the Holy Cross power line. • The legal description on the plat and title for the subdivision needs to reference the Exemption Plat and reception number for Tract B. • Building envelopes as discussed in the application and need to be shown on the proposed plat. • The plat/site plan needs to include improvement location details adequate to confirm that no nonconforming conditions will result from the subdivision . In particular please confirm that all fence lines are shown and structures labeled. 5. The minor subdivision will require review by the Colorado Geologic Survey. Their form is attached. The review requires an additional referral fee. 6. While a single well exists on the site, the application proposes individual wells for each lot. The submittals need to address provision of legal, physical, and acceptable water (quality) for each lot. Key topics are addressed below: • All the wells for the proposed lots have not been drilled and therefore production and water quality testing cannot be provided for all the wells. • Information on the augmentation plan is provided but the plan has not yet been approved therefore no additional well permits have been issued. • Waiver requests and representations regarding water indicate that additional wells would be drilled and tested at the time of building permit application. This would occur after filing of the plat and is not consistent with code provisions, waiver criteria, and County Policies related to conditional approvals for subdivisions or exemptions. • The Application needs to address anticipated timing for completion of the required tests and augmentation plans prior to the filing of the plat. • Code requirements require that conditions of approval be met and a plat submitted for recording within 90 days of a Director's Decision. The Applicant should assess whether this time frame can be met. 7 . Water quality test on the existing well indicated the presence of coloform bacteria . The report recommends using another source of water for drinking and cooking or treat the water. The Application should address this issue. 8. The geotechnical report addresses foundation and drainage recommendations. While septic test pits are shown on the site plan and percolation test results included in Table 2 of the report, no technical evaluation regarding septic systems and percolation was provided. 9. Summary tables for environmental constraints and wildlife habitat information should indicate the source for the data/information. 10. The Application needs to address the Review Criteria for a Minor Subdivision found in Section 5-301(C). Once the above topics are adequately addressed we can finalize our completeness review and schedule a date for the Director Decision on the Application. Also, once determined to be complete, the adjacent owner notification is required as well as additional copies of the submittal materials to send to referral agencies. Please note that the Garfield County Land Use and Development Code requires that these technical completeness issues be resolved within 60-days of the date of this letter, otherwise the application will be deemed withdrawn unless a request for extension is submitted and approved. Please feel free to contact me if you have questions or need clarification on any of the above topics including but not limited to timing issues associated with the status of the water augmentation plan. Sincerely, //A-W:_-"> Glenn Hartmann Senior Planner Mark Chain Consulting, LLC Page 1 November 21, 2014 Glenn Hartmann, Senior Planner Garfield County Department of Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Clifford Cerise Ranch Company LLLP Minor Subdivision 1.Application Forms. Response: The Land Use Change Permit has been removed from the application per your request. 2.Clifford Cerise Ranch LLLP documentation. Response: The application forms and authorization have been updated to reflect the proper ownership entity. Background documents related to Clifford Cerise Ranch Company LLLP and allocation of shares is included in Section 7 of the application (miscellaneous documents). 3.Mineral Rights and Title Commitment. Response: There was no mention of mineral rights as part of ownership transfers/warranty deed, chain of title or the most recent title commitment nor was there any evidence of the severance of any mineral rights in any ownership documents. A linked title commitment dated January 29, 2014 has previously been submitted to the Planning staff. It is our opinion that further research related to mineral rights is unnecessary. 4.Draft Subdivision Plat Response: Per the Letter of Completeness dated September 30, 2014 we have the following comments: •The signature block in the Certificate of Dedication & Ownership has been updated to include all of the general partners in the ownership entity. •The Title Commitment is now referenced on the plat and all encumbrances are included. 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 2 •The legal description references and the Exemption Plat and the reception number for Tract B. •Building Envelopes and approximate driveway locations are shown. •All improvements have been shown on the submitted plat documents. There is only a well, irrigation line, overhead power and easements on site. There are no other structures. 5.Colorado Geologic Survey Response: The application form for the Colorado Geological Survey and the related fee are included in the application documents. 6.Water Supply Information. Individual wells for each lot; legal supply, physical supply & acceptable water quality. Response: One well already exists on the subject property – and is located on what will be called Lot 2. The proposal is to eventually provide wells on each individual lot subject to the Augmentation Plan presently under review. The Augmentation Plan is Case No. 14CW3028 (Division of Water Resources). Each lot will be subject to the requirements and restrictions of that case and it should be finalized by end of calendar year 2014 or shortly thereafter. Once the Augmentation Plan is approved the owners will be required to build a pond and to release water to Crystal Springs in return for securing the additional wells for future use. The additional wells can be drilled after construction of the pond. As noted in the original application, the owners wish to postpone the construction of such additional wells until the time of application for building permits for individual lots. It may be many years before Lots 1 & 3 are developed, and construction of wells prior to development activity is not warranted. The construction of the present well and the past pump test and lab results demonstrate that the there is an adequate physical source and acceptable quality of water for domestic purposes. We request that this requirement to provide wells with the individual building permits be a condition of approval and subject to an Improvements Agreement, or other appropriate instrument or by the Resolution of Approval and plat note. 7.Water Quality Test on Existing Well Response: Steps have been taken to rid the well of Coliform bacteria. A water quality test dated November 6, 2014 is attached. No evidence of Coliform or E. coli is present according to the lab report. 8.Geotechnical Update 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 3 Response: HP GTECH has submitted a Letter addressing the septic and on-site waste disposal system issue (attached). 9.Environmental Constraints and Wildlife Habitat Information Response: The source of the Environmental Constraint and Wildlife Habitat Information is now listed on the information tables included in Section 5 of the application (Source: Garfield County GIS Maps). 10. Review Criteria for Minor Subdivision (per Section 5-301 ( c )) Response: See attached analysis of Review Criteria. Please contact me if you have any questions or wish to discus any of the information provided. Sincerely, Mark Chain, Planner 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain MINOR SUBDIVISION REVIEW CRITERIA AND RESPONESES RELATED TO CLIFFORD CERISE RANCH COMPANY LLLP APPLCIATION C. Review Criteria. In considering a Minor Subdivision application, the application shall demonstrate the following: 1.It complies with the requirements of the applicable zone district and this Code. Response: The property is in the Garfield County “R” – Rural Zone District. The subdivision and proposed building envelopes will meet underlying requirements of the Rural Zone District. 2.It is in general conformance with the Comprehensive Plan. Response: The Garfield County Comprehensive Plan 2030 designates the site as Residential Medium Density – suitable for one residential unit per 6 to 10 acres of land. The Proposal meets the suggested density as well as other goals and objectives of the Comp Plan. 3.Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. Response: The application shows evidence of a legal, physical, adequate and dependable water supply. Please see letter from Mark Chain to Glenn Hartmann dated November 21 for more details. 4.Satisfactory evidence of adequate and legal access has been provided. Response: Lot 1 has direct access off of CR 103 – Crystal Springs Road. Lots 2 & 3 have direct access from CR 105 – Cerise Rd. No improvements to the county road system are required. The lot owners will apply for a driveway access permit concurrent with application for a building permit. 5.Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. Response: All easements have been obtained or provided and are shown on the Minor Subdivision Plat. 6.The proposed Subdivision has the ability to provide an adequate sewage disposal system. Response: Application for an on-site waste disposal system will be made as part of the building permit application process for each individual lot. Information regarding provision of septic systems and percolation tests is included in the Geotechnical Report from HP Geotech (Section 5) and the Letter from HP Geotech dated November 19, 2014 (included in this section). 7.Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rock fall and poor soils shall be mitigated, to the extent practicable. Response: There is no significant fire, slope, flood or other hazards on the subject property. 8.Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. Response: The only construction improvements for the project are the provision of the three individual wells. The owners have asked that each lot owner provide the domestic water improvements for their particular lot. No estimate of the cost of improvements has been made as of the date of this application. 9.All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. Response: All taxes for the property have been paid. 10. All fees, including road impact and school land dedication fees, shall be paid. Response: No road impact fees are required for the subject property. School land dedication fees will be paid prior to recordation of the plat. A Broker’s Price Opinion has not been provided as of this time but will be provided within one month of recordation of the plat in order to provide an “accurate and up to date” fee estimate. 11. The Final Plat meets the requirements per section 5-402.F., Final Plat. Response: The plat conforms to the requirements of section 5-402 F of the Garfield County Land Use Code. STANDARD BACTERIOLOGICAL WATER TEST SNOWMASS WATER & SANITATION DISTRICT P.O. BOX 5700-SNOWMASS VILLAGE, CO 81615 PWS ID# Sample Location \NiZ,u,_ 'f.l:.~rf'°* 23'5Jf; 3 SAMPLE TAKEN, CC\(_(. Vf'Pel<: R"•l<-V\ . \/Vi'.!.'-tt:i'\'\,Tl\1,..<;;;prhtj DATE lt\0(14 TIME~~AMEOFSUPPLY 5('f4Ul/l\'1r _ )J\;q_;,,\L- COUNTY~{t,I) SAMPLER CHLORINE RESIDUAL __ MG/L { ) COMMUNITY SUPPLY { ) NON COMMUNITY { ) OTHER PUBLIC J><l: PRIVATE ( ) ROUTINE DISTRIBUTION SYSTEM SUPPLY ( ) CHECK SAMPLE { ) PROCESS WATER { ) RAW { ) GROUND { ) SURFACE ( ) SPECIAL PURPOSE SAMPLE "NOTE: IF ALL INFORMATION IS NOT SUPPLIED, THE SAMPLE WILL BE DISCARDED. SEE REVERSE FOR TIME LIMITATIONS, SAMPLING INSTRUCTIONS AND DEFINITIONS. ANALYST/START C:(..__. ANALYST/FINISH _,ec~""'o...-~ UNSUITABLE O FOR TEST COLIFORM E.COLI COLIFORM E.COLI RESULTS COLILERT 18-hour test ~ LT2 Rule PRESENT PRESENT MPN ___________ _ MPN ___________ _ op NOT WRITE IN THIS SPACE 11/fof ltf TIME P-"frO /~ODti1cE1vEo DATE I I //-(,, · /1 TIME 15 '/7 ON TEST DATE RESULTS GREATER THAN ONE COLIFORM PER 100 ML INDICATES NON-COMPLIANCE WITH MINIMUM DRINKING WATER STANDARDS BOTTLE# I 0 °IC/ ~tech H EPW ORTH-PAWLAK GEOTECHNIC AL November 19 , 2014 Mike Cerise c/o Clifford Cerise Ranch Company 4156 Crystal Bridge Drive Carbondale, Colorado 81623 1111 kcw <.:sb ldr.n et I lq" rd l',1 I ' ( iu I u 'I ~ ' l • I Ill I I" ,J I ~1 ( I 11 I I 'Tr'I '• ~ . \ It I : h. ll "' ·>f'i ,,, ) l ' 1, ' 'i 1 "-f --f 11 1 1 q u1t1 l"r-'l' 1 llil ll Job No. 113 373A Subject: Suitability for Septic Systems, Proposed Cerise Minor Subdivision, Upper Cerise Ranch, County Roads 103 and 105, Missouri Heights, Garfield County, Colorado Dear Mike: As requested, we are providing comments on the suitability of the proposed subdivi sion for septic systems. We previously conducted a geotechnical study for subdivision development in a report dated November 22 , 2013, Job No. 113 373A. The profile pits and percolation tests perfonned on the three proposed lots are described in our previous report and indicate the sites are suitable for conventional infiltration septic systems. No groundwater or bedrock was encountered in the pits and the soils had an average percolation rate of 3 O minutes per inch which is typical of the Missouri Heights area. Once building and septic sites have been chosen, additional testing should b e done for septic design. We can design the septic systems as needed. If you have any questions or need further assistance, please call our office. Sincerely, Section 2 Introductory Information and Background Background Narrative Vicinity Map County Parcel Map of Surrounding Area CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION SECTION 2 – INTRODUCTORY INFORMATION AND BACKGROUND Parcel #’s: 2393-241-00-261 Zoning: Rural Application Date: August 2014 TYPE OF APPLICATION: The Clifford Cerise Ranch Company LLLP hereby submits an application for a Minor Subdivision for property in the Missouri Heights in the vicinity of Crystal Springs. The property is located about 2.0 miles north of State Highway 82 on the east side of CR 103, also known as Crystal Springs Rd. Portions of the property are also accessed by Cerise Rd (AKA CR 105). We are submitting all application materials identified in Section 5-401 and Table 5-401 of the Garfield County Land Use and Development Code (LUDC) and noted in the Preapplication conference. A waiver submittal request per Section 4-202 is included for certain items. The application materials include the following: •Application forms and fees •Vicinity Map •Minor Subdivision Plat •Narrative Request and Related Information •Copies of Deeds, Title Commitment and Proof of Ownership •Names and addresses of Property Owners within 200 ft. •Copies of Assessor’s Mapping showing adjacent properties •Letter authorizing Representative •Copy of Preapplication Summary •Site Plan Information •Information demonstrating Compliance with Article VII, Divisions 1, 2 and 3 as applicable. •Technical Reports o Water augmentation plan o Well Permit o Water testing Report o Geotech o Topography •Draft Covenants, Conditions & restrictions •Miscellaneous Clifford Cerise Upper Ranch Page 1 Minor Subdivision Updated November 2014 o Letter of Service from Holy Cross Electric o Comments related to Fees applicable at time of Final Plat o Waiver Requests The owners of the property are submitting a Minor Subdivision application for the purpose of subdividing the parcel into a total of three lots. I. INTRODUCTION AND BACKGROUND The Clifford Cerise Ranch Company LLLP. owns an approximately 66.12 acre parcel that was created by a Subdivision Exemption in 1985. Specifically, the parcel is Tract B of the Cerise Subdivision Exemption created by Resolution 85 – 20 and recorded at Reception No. 359318. The parcel is Rural “R”. There is no property address for the subject parcel as there are no structures located on it at this time. The property lies approximately 2.0 miles north of the intersection of State Highway 82 and CR 103. The Clifford Cerise Ranch Company LLLP. is a company owned by three siblings of Clifford Cerise. The three siblings are: •Toni S. Cerise •Michael B. Cerise •Robert S. Cerise The property was originally acquired by members of the Cerise Family (Oscar & Wilma) in October of 1959. The Cerises conveyed the property to the Clifford Cerise Ranch Company LLLP. in December of 1983. The Clifford Cerise Ranch Company LLLP. applied for a Subdivision Exemption in 1985 that was approved by the adoption of Resolution 85-20 (recorded at Reception No. 359408 and recorded on 2/13/1985). Tract A of the Exemption was then conveyed to Oscar & Wilma Cerise in June 1985. The Clifford Cerise Ranch Company LLLP. has retained Tract B of the Exemption and proposes to divide the property into 3 essentially equal lots ranging in size from 21.2 to 22.64 acres (copy of plat and resolution attached in Section 7). •The Statement of Authority for the applicant is included in section 7 of the application documents. Clifford Cerise Upper Ranch Page 2 Minor Subdivision Updated November 2014 SITE DESCRIPTION The site is approximately 66 acres in size and is located in Missouri Heights north of State Highway 82 and the Town of Carbondale. Main access is from County Road 103 AKA Crystal Springs Road. What is proposed as Lots 1 & 2 is rolling irrigated pasture land which slopes gently to the southwest. The area designated as Lot 3 slopes to the southeast. The vegetation in the majority of Lot 3 is pinon pine and juniper. Topography for the property is included as Section 3. A well was drilled on what is proposed to be lot 2 in 2001. Well permit and relevant information is included in section 5 of the application. A 20 ft. wide irrigation easement crosses Lots 1 and 2. A Holy Cross power line crosses portions of the property. A power line easement crosses Lot 2 for the benefit of lot 1. The development plan calls for the 3 lots to be served by individual wells and ISDS. A water augmentation plan has been completed and filed. Electric service will be provided by Holy Cross Electric. A “will serve” letter is included in the application. Each lot owner will provide for their own propane DEVELOPMENT GOALS The goal of the proposed development is to subdivide the property in keeping with allowable uses described for the Rural “R” Zone District and consistent with the vision, goals, objectives and policies of the Garfield County Comprehensive Plan. The proposed development includes consideration for: •Developing low density single-family lots in keeping with the Comprehensive Plan Density, the surrounding residential neighbors and agricultural uses. •Preserving the character of the natural landscape and native vegetation. •Maintaining irrigation/grazing/agricultural uses on Lots 1 & 2 for the foreseeable future. •Promoting water conservation (water efficient sprinkling system has been installed and commitment to continue irrigation for the majority of pasture and forage for the next 13 years per agreement with the Natural Resource Conservation Service). •Minimizing new development infrastructure. No new roads or major infrastructure is necessary for the “development” of the three lots. •Providing for the long term habitation of the agricultural land by family descendants who have owned this portion of the Upper Cerise Ranch Tract B since 1959 – through 3rd and 4th generation. Clifford Cerise Upper Ranch Page 3 Minor Subdivision Updated November 2014 DEVELOPMENT OBJECTIVES A number of design objectives were considered in developing a site plan for the property. Existing zoning designations, sensitivity to the goals of the Garfield County Comprehensive Plan, and continued existence of the grazing and irrigation infrastructure were taken into consideration via the development plan. In support of the stated goals, the objectives guiding the initial site planning efforts are as follows: 1. Steeper slopes should be avoided to minimize disturbance to natural landforms, vegetation, and drainage patterns. 2.Building envelopes have been established to provide easy access with minimal driveway extensions from either CR 103 or Cerise Road. 3.To the extent possible, key visual resources of the site, as viewed from adjacent public roads/highways and nearby developments, were preserved. 4. Development within the site has been placed to avoid blocking any views enjoyed by adjacent property owners. 5.Agricultural heritage to be preserved. 6.Excessive disturbance or removal of native vegetation was avoided through the use of building envelopes – maximum envelope size will be 2.0 acres. Removal of trees on lot 3 will be kept to a minimum, given goal of providing “Defensible” Space” for that lot owner related to the pinon/juniper landscape. 7.Density complies with Garfield County Comp Plan guidelines and is compatible with existing neighboring properties. II.MISCELLANEOUS INFORMATION Roads. Existing county infrastructure will be used and there will be no new roads/rights-of-way proposed or extensions of existing roads/rights-of-way. Proposed Utilities/Infrastructure. The development will have individual wells and ISDS. Electric available to Lots 2 & 3 currently and easement provided for electric service to Lot 1. Natural gas will not be extended to the site. Building Envelopes. Building envelopes are confined in size (approximately 2.0 acres). Constraints to Development. There are minimal environmental constraints to the proposed development of the property. The project planner sat down with the Clifford Cerise Upper Ranch Page 4 Minor Subdivision Updated November 2014 County GIS Director and went through map-by-map for any potential constraint. A summary matrix is contained in Section 5. The Carbondale & Rural Protection Fire District will review the development plan to ensure safe access and review for any wild fire issues. History of Land Use Applications Prior to Preliminary Plan Submittal. The subject property (along with other lands) was acquired by the Cerise Family initially in 1959 and was conveyed to the Clifford Cerise Ranch Company LLLP. in 1982. The Cerise Upper Ranch Exemption was approved by the County in 1985 (Resolution 85-20). This Minor Subdivision Application Request is a further resubdivision by family members and is in compliance with the Garfield County Comprehensive Plan 2030 in terms of density and a quick review of Goals and Objectives of the Plan. Waivers. There is a request for waivers from formal submittal of the preliminary Engineering Reports and plans for a Minor Subdivision as noted in Table 5-401 of the County Land Use Code. They are: •A. Roads, Trails, Walkways and Bikeways. •B. Sewage Collection and Water Supply and Distribution System. •C. Groundwater Drainage. •D. Preliminary Cost Estimates for Improvements Justification for the Waivers We understand the submittal requirements that are established as part of the Minor Subdivision Review process. However, we feel that the above Preliminary Engineering Reports are not necessary for this particular application. First, it is our contention that this application is more similar to the lots that were created as part of the traditional Subdivision Exemption process. These lots are relatively large and most technical items can be reviewed sufficiently at time of Building Permit submittal. Second, subdivision infrastructure is not being provided to the 3 lots. The applicant is a family owned corporation that has owned the property for fifty plus years and the intent is to keep it in the family and use it as a low density residential development while maintaining Agricultural use and character of the property. Irrigation infrastructure has been improved in recent years and the intent is to keep the majority of the present irrigated area in crops and available for forage. Other traditional subdivision infrastructure is not necessary. All three lots have access from a county road, electricity is available, and each lot has the ability to be serviced with an individual well and ISDS. Third, the owners have done the necessary due diligence to prove that the property is appropriate for a low density rural subdivision and has no significant environmental constraints. These studies that have already been completed are: •Geotech analysis (proving development, foundations and ISDS are possible). •Water Augmentation Plan (has been filed). Clifford Cerise Upper Ranch Page 5 Minor Subdivision Updated November 2014 •Drilling of one well along with the associated testing has been provided. •The owners have examined placement of building envelopes in appropriate areas directly adjacent to CR 103 or 105. •Ensured that electric service is available to all lots. •Examined environmental constraints through County sources and determined that there are no significant constraints. •Committing to provide all ISDS, well permits and necessary foundation details at time of building permit. •Provided draft covenants. Finally, the applicant is of the opinion that the criteria for waiving submittal criteria via Section 4-202.C of the County Land Use Code has have been met. Below is a point-by-point response to the review criteria (Note: responses are in italics). C. Review Criteria. A waiver request shall be considered based on the following criteria: 1.The Applicant shows good cause for the requested waiver; Response: Applicant has worked the property for decades and is familiar with the characteristics of the land. Due Diligence occurred by performing the key studies and ensuring that access and adequate infrastructure is available for a low density development. No significant environmental constraints exist on the subject property. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: Residential density is very low (1 unit/22 ac.) and there are minimal environmental and/or development constraints. 3.The waiver does not compromise a proper and complete review; and Response: An adequate review can be undertaken via the Minor Subdivision and Building Permit process (prior to any construction of a residential structure). 4.The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: Basic development background information has been examined and provided. Geotech was provided proving that the development as proposed can be built, evidence of domestic water (existing well and well permit plus Augmentation Plan) provided, access available by County road and electricity available. In addition, the owner commits to providing the following information with each building permit application: Clifford Cerise Upper Ranch Page 6 Minor Subdivision Updated November 2014 •Foundation Plan •Well Permit – testing to be done upon drilling and prior to CO •Driveway permit application •ISDS Application •Utility Plan showing electric hook-up •Proof of Positive Drainage Clifford Cerise Upper Ranch Page 7 Minor Subdivision Updated November 2014 Garfield County, CO Date Printed: 08/07/2014 This map is for illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness. The user acknowledges and accepts all inherent limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of revision, maintenance, and correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein. 2115 189 T6S J 2465 TBS RBBW RB7W CERISE, CLIFFORD RANCH COMPANY 86 COUNTY ROAD 104 239325300158 CERISE, CLIFFORD RANCH COMPANY 86 COUNTY ROAD 104 239324100261 Garfield County, CO Date Printed: 08/07/2014 This map is for illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness. The user acknowledges and accepts all inherent limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of revision, maintenance, and correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein. Owner Information CERISE, CLIFFORD RANCH COMPANY 86 COUNTY ROAD 104 CARBONDALE, CO 81623-9604 Parcel Number: 239324100261 Site Information Acres: 42 Account Number: R111547 Links Garfield County Assessor Data Garfield County Treasurer Data Section 3 Minor Subdivision Plat & Related Engineering Drawings Minor Subdivision Plat (Draft) Existing Topography C:\Program Files\General CADD 8\Gxd\CERISEMS.gxd -- 11/13/2014 -- 10:59 AM -- Scale 1 : 1200.00 + ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SUR~EY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON VICINITY SCALE II 1 --MAP 2000 TO BE AFFIXED AT TIME OF RECORDING LINES IN SPACE LAND SURVEYS ~-~c ' C L I F F O R D C E R I S E U P P E R R A N C H M I N O R S U B D I V I S I O N T R A C T B C E R I S E S U B D I V I S I O N E X E M P T I O N S E C • R E C E P T I O N N O . 3 5 9 4 6 2 2 4 ' T . 7 S . ' R . 8 8 w . ' 6 t h G A R F I E L D C O U N T Y ' C O L O R A D O S U R V E Y O R " S C E R T I F I C A T E I . 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I N W I T N E S S W H E R E O F . I h a v e h e r e u n t o s e t m y h a n d a n d s e a l t h i s A . D . . 2 0 _ _ S y d n e y L 1 n c 1 c o m e L i n e s i n S p a c e 6 7 G l e n w o o d A v e n u e C a r b o n d a l e . C o . 8 1 6 2 3 C O U N T Y S U R V E Y O R " S C E R T I F I C A T E P . L . S . 1 4 1 I I A p p r o v e d f o r c o n t e n t a n d f o r m o n l y a n d n o t t h e a c c u r a c y o f s u r v e y s . c a l c u l a t i o n s a n d d r a f t i n g p u r s u a n t t o C . R . S . . 3 8 - 5 1 - 1 0 1 e t s e g . d a y o f B y ' - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ­ G a r f i e I d C o u n t y S u r v e y o r D a t e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C O M M U N I T Y D E V E L O P M E N T D I R E C T O R " S C E R T I F I C A T E T h i s C e r i s e M i n o r S u b d i v i s i o n p l a t h a s b e e n n r e v i e w e d a n d a p p r o v e d b ~ t h e G a r f i e l d C o u n t y C o m m u n i t y D e v e l o p m e n t D i r e c t o r t h i s d a y o f 2 0 _ _ . G a r f i e l d C o u n t y C o m m u n i t y D e v e l o p m e n t D i r e c t o r P . M . C E R T I F I C A T I O N O F D E D I C A T I O N A N D O W N E R S H I P : K N O W A L L M E N B Y T H E S E P R E S E N T S t h a t C l i f f o r d C e r i s e R a n c h C o . . L . L . L . P . . b e 1 n g t h e s o l e o w n e r 1 n f e e s i m p l e o f a l I t h a t r e a l p r o p e r t y s i t u a t e d i n t h e C o u n t y o f G a r f i e l d . 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S u c h e a s e m e n t s a n d r i g h t s s h a l I b e u t i I i z e d i n a r e a s o n a b l e a n d p r u d e n t m a n n e r . T h a t a l I e x p e n s e f o r s t r e e t p a v i n g a n d i m p r o v e m e n t s s h a l I b e f u r n i s h e d b y t h e s e l l e r o r p u r c h a s e r n o t b y t h e C o u n t y o f G a r f i e l d . L o t s I . 2 a n d 3 r e s t r i c t i o n s o f N o . I 4 C W 3 0 2 8 . 1 n t h i s m i n o r s u b d i v i s i o n a r e b o u n d t o a l I t h e S t a t e o f C o l o r a d o . D i v i s i o n o f W a t e r r e g u i r e m e n t s a n d R e s o u r c e s C a s e I N W I T N E S S W H E R E O F s a i d o w n e r h a s t h i s d a y o f c a u s e d h i s n a m e t o b e h e r e t o s u b s c r i b e d A . D . . 2 0 _ . B y ' - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M i c h a e l B . C e r i s e . G e n e r a l P a r t n e r C L I F F O R D C E R I S E R A N C H C O . . L . L . L . P . 8 6 C o u n t y R o a d I 0 4 C a r b o n d a l e . C o . 8 1 6 2 3 B y = - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ­ R o b e r t S . C e r i s e . G e n e r a l P a r t n e r C L I F F O R D C E R I S E R A N C H C O . . L . L . L . P . 8 6 C o u n t y R o a d I 0 4 C a r b o n d a l e . C o . 8 1 6 2 3 B y : _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ T o n i S . C e r i s e . G e n e r a l P a r t n e r C L I F F O R D C E R I S E R A N C H C O . . L . L . L . P . 8 6 C o u n t y R o a d I 0 4 C a r b o n d a l e . C o . 8 1 6 2 3 S T A T E O F C O L O R A D O l C O U N T Y O F G A R F I E L D l ) s s . T h e f o r e g o i n g d e d i c a t i o n w a s a c k n o w l e d g e d b e f o r e m e t h i s d a y o f . A . D . . 2 0 _ _ , b y M i c h a e l B . C e r i s e . R o b e r t S . C e r i s e a n d T o n 1 S . C e r 1 s e . W I T N E S S M Y H A N D A N D S E A L N o t a r y P u b I i c C L E R K A N D R E C O R D E R " S C E R T I F I C A T E T h i s P l a t w a s f i l e d f o r C o u n t y . C o l o r a d o . a t o f . A . 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C O L O R A D O I N S P A C E ( L S 1 4 1 1 1 ) C A R B O N D A L E C O 9 7 0 - 9 6 3 - 3 8 5 2 S C A L E : / ' - / 0 0 ' J O B N O : 1 3 - 5 1 C E R I S E / 3 ' Section 4 Compliance with Article VII, Division 1-3 Justification Statement School Dedication and Site Plan Summary SECTION 4 COMPLIANCE WITH ARTICLE VII, DIVISIONS 1 – 3 SCHOOL LAND DEDICATION SITE PLAN INFORMATION The following section of this application addresses compliance with the criteria and standards of Article VII, Divisions 1-3 of the Garfield County Land Use and Development Code. Responses to each criterion are in “italics”. Where standards don’t apply, N/A or reason for non-applicability will be stated. DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS Section 7-101 Compliance with Zone District Use Restrictions. Response: The site is located in the County’s Rural "R" Zone District. The development is in compliance with the zone district lot and building requirements, the Intent Statement, use restrictions and regulations for the underlying zone district. Each building site will be developed in accordance with the maximum lot coverage requirement, maximum height and all other code requirements. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Response: The Garfield County Comprehensive Plan 2030 designates the site as Residential Medium, which is appropriate for a density ranging from 6 acres to 10 acres per dwelling unit. The density for the proposed development is 22.04 ac. /dwelling unit. We have not undertaken a point by analysis with the Comprehensive Plan because of the limited scope of development of the project. We will undertake such an analysis upon staff request. Section 7-103 Compatibility Response: The nature, scale and intensity of the Clifford Cerise Upper Ranch Minor Subdivision are compatible with adjacent land uses and do not have an adverse impact to adjacent lands. Average Lot size is 22 acres and infrastructure requirements are minimal. Irrigated and grazing lands are being incorporated into the subdivision design so they are retained. Outside irrigation for domestic Clifford Cerise Minor Subdivision Page 1 of 9 Compliance with Standards Updated November 2014 use for the home sites is being kept to a minimum as per the proposed Augmentation Plan. Section 7-104 Sufficient Legal and Physical Source of Water Response: There is a sufficient legal and physical source of water. A well was drilled on the property in 2001. A Water Augmentation Plan has been filed and individual wells be provided for each lot. The intent is that the wells will be drilled with a building permit application for Lots 1 & 3 unless the official decree with the Augmentation Plan requires otherwise (see Augmentation Plan in Section 5). Note, the augmentation plan is under current review and has not been approved as of time of submittal. Pump test and other data for the existing well are attached in Section 5 and it is assumed that the other two lots will have wells that produce equivalent amounts of water. Section 7-105 Central Water Distribution and Wastewater Systems Response: N/A. Water – the development is for 3 dwelling units and is not located within 400 ft. of a Central Water System or Supplier. Wastewater – This is low density development and is not located within 400 ft. of a Sewage Treatment Facility. Section 7-106 Public Utilities Response: Adequate public utilities are provided for the proposed density. Individual wells for water are proposed, one well is operational and a water augmentation plan has been filed. A Geotechnical Analysis by HP Geotech has been performed (report dated November 22, 2013). Septic pits for each lot were drilled and monitored near each proposed building envelope and the sites found suitable for ISDS. The findings are that each lot and building envelope is capable of accommodating normal residential construction infrastructure such as foundations, slab on grade construction and ISDS systems that meet County requirements. Electric power exists across portions of the subject property and an electric easement provided for Lot 1. Natural Gas service is not proposed for the site. Clifford Cerise Minor Subdivision Page 2 of 9 Compliance with Standards Updated November 2014 Section 7-107 Access and Roadways Response: No new roads or rights-of-way are proposed. Access will be provided via existing county roads (CR 103 & Cerise Road). No improvements or modifications to the roads are proposed. Building permits will be subject to County Driveway Permit criteria and approval. No interior roads are proposed for the Property. Section 7-108 Use of Land Subject to Natural Hazards Response: Project Planner examined all hazard maps through GIS/County resources and no significant hazards were identified. A summary of findings per each natural hazard category are contained in Section 5 Section 7-109 Fire Protection Response: Wildfire Hazards are low for the subject property. A preliminary discussion with the Carbondale & Rural Fire Protection District Fire Marshall was held and no concerns have been expressed at this time. The staff planner will have additional conversations with the District during the County review process for the application. Suggestions for “Defensible Space” will be analyzed and all lot owners will comply with building and fire codes in effect at time of permit application. DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS Section 7-201 Protection of Agricultural Lands Response: No adverse affect on Ag Lands: Improvements to the irrigation system have been made and the owners have agreed to retain the bulk of present irrigated lands in irrigation for 15 years. Domestic animals. Domestic animals will be controlled as per County regulations. Fences. The grazing and hay crops will continue to exist on Lots 1, 2 & 3. The owners are a longtime ranching family and Clifford Cerise Minor Subdivision Page 3 of 9 Compliance with Standards Updated November 2014 know how to utilize and maintain fences. Any new fences that will be built will comply with County guidelines. Roads. No new roads will be constructed. Irrigation. Improvements have been made to the irrigation system that are ensuring more water efficient irrigation practices ( conversion from flood irrigation to wheel roll sprinklers and some sprinkling guns) Section 7-202 Protection of Wildlife Habitat Areas Response: There are no critical wildlife habitats in the subject property. See Section 5 for a wildlife inventory from County mapping sources. Section 7-203 Protection of Water bodies Response: Crystal Springs is located on Lot 3. The spring will remain as is. There will be no development or change in use of the spring itself. Section 7-204 Drainage and Erosion Response: • No development will be occurring within 100 ft. of any water body. • Positive drainage away from all building will be provided. • Each building permit application will include a drainage plan that will address drainage related to the individual lot and building improvements. Section 7-205 Environmental Quality Response: No impacts are foreseen related to air quality with this type of development. Any hazardous materials will be stored per Federal, state or county regulations as applicable. Section 7-206 Wildfire Hazards Response: The subject property is listed as low wildfire risk. Comments from the Carbondale & rural Fire Protection District will be followed related to the development. Section 7-207 Natural and Geologic Hazards Clifford Cerise Minor Subdivision Page 4 of 9 Compliance with Standards Updated November 2014 Response: There are no severe or moderate constraints to development of the subject site. A Geotechnical Study by HP Geotech did not find any significant constraints to development for the proposed plan. No development is proposed for any site with greater than a 20% slope. Section 7-208 Reclamation Response: The development will comply with the standards outlined in Section 7-208 of the Land Use Code. No significant infrastructure is being proposed for the subdivision as a whole. ISDS and driveway constriction will comply with County regulations. Disturbed areas will also be treated so that noxious weeds are controlled. DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS The standards in this section apply to any land use change including division of land. Only single-family dwellings and agricultural building will be proposed as part of the development, and no significant subdivision wide improvements are being proposed. However, we will address these sections for completeness purposes and in order to show the relationship of the existing land use with applicable standards as much as possible Section 7-301 Compatible Design Response: The Minor Subdivision application complies with these sections. A. Site Organization. The development is characterized by relatively large lots with only simple driveway construction off of existing County roads. B. Operational Characteristics. No objectionable emissions expected. Generally, noise and hours of operation will not be an issue with very low density residential development and continued use of the irrigated cropland. There is no impact to County road system. D. Buffering. N/A. There are no adjacent uses that are located in a different zone district. Clifford Cerise Minor Subdivision Page 5 of 9 Compliance with Standards Updated November 2014 E. Materials. N/A. All structures will be residential, single- family at rural residential densities and they will not detract from neighboring structures or uses. Section 7-302 Building Design Response: Section 7-302 A is not applicable (structures will not be commercial, industrial or multifamily). Each lot is of sufficient size and the envelopes are of a sufficient size in order to take advantage of solar energy. Section 7-302 Off- Street Parking and Loading Standards Response: Generally not applicable, as this is not a multifamily, commercial or industrial development. All required parking will occur on the same lot as the use the spaces are intended to serve. Clear vision areas will be maintained as necessary, depending on the location of the particular access drive. Section 7-303 Landscaping Standards Response: A. Landscaping: General Standards. Development will comply with the standards as applicable. Existing trees and vegetation will be protected as much as possible. Dead plant material will be replaced and removed as necessary. All disturbed areas will be restored with approved landscaping and will be treated to minimize growth of noxious weeds. Any plantings will be located outside of the road right-of-way. New plantings will meet the minimum size requirements of Section 7-303 A.7. Section 7-304 Lighting Standards Response. Any outdoor lighting will comply with the standards of this section of the Garfield County LUDC. Outdoor lighting will be downcast and shielded as necessary. Clifford Cerise Minor Subdivision Page 6 of 9 Compliance with Standards Updated November 2014 Blinking, flashing or fluttering lots will be prohibited. Height of outside lighting will be less than the maximum height allowed (40 ft.). Section 7-305 Snow Storage Standards Response: N/A. Section 7-306 Trail and Walkway Standards Response: N/A. No trials, walks or paths are being proposed for the Minor Subdivision. MISCELLANEOUS Section 7-404 School Land Dedication D. Payment in Lieu of Dedication of Public Sites. Response: The subject site lies within the RE-1 School District and is subject to Sections 7-404 of the County Land Use Code. A payment in lieu of land dedication is proposed. The County Land Use Code has the following land dedication standard at this time: • 1776 SF of land required per student • Each single-family dwelling generates 0.49 students per dwelling unit. • # of units = 3 Land dedication Standard: Land area per student X students generated per unit= 1776 SF/student X 0.49students/unit = 870 SF/unit Formula for Fee In-lieu of dedication Unimproved Per Acre Market Value of Land x Land Dedication Standard x Number of Units = Market Value X 870 SF/Unit X 3 units= Market Value of land X 2611 SF The applicant intends to provide a Broker Prices Opinion for the cost of land prior to the recording of the Final Plat. Clifford Cerise Minor Subdivision Page 7 of 9 Compliance with Standards Updated November 2014 Section 4-203D Site Plan The site plan for this project is essentially the Final Plat plus the topography sheets. As there are no common infrastructure improvements, we will address the miscellaneous site plan in a narrative fashion below: 3. Existing topography. Provided in Section 3. No proposed modifications to topography or significant grading associated for the project. 4. Significant on-site features are shown. There are no existing water features or environmental hazards. Crystal Springs is located a significant distance from the building envelope designated for Lot 3. Environmental summary included in Section 5. 5. Existing proposed/parking. There is no existing parking. Proposed parking will be done for each lot at time of building permit. 6. There are no existing or proposed roads within the proposed subdivision. 7. Existing Uses. Irrigation on Lots 1 & 2. Pinon and Juniper on Lot 3. No existing buildings. 9. Zoning: “R” Rural 10. Existing Structures – none. 11. Wastewater. To be provided by lot Owner 12. Water source. There is a well on Lot 2. Lot owners on Lots 1 & 3 will submit well information and obtain necessary well permits prior to submission of building permit. Clifford Cerise Minor Subdivision Page 8 of 9 Compliance with Standards Updated November 2014 Lot Summary Information: Lot 1: 22.28 Ac. Lot 2: 22.64 Ac. Lot 3: 21.20 Ac. Clifford Cerise Minor Subdivision Page 9 of 9 Compliance with Standards Updated November 2014 Section 5 Technical Reports Water Augmentation Plan: March 31, 2014 Well Permit # 235453 : Issued September 11, 2001 Water Testing Information: November 7, 2013 Geotechnical Study – HP Geotech: November 22, 2013 Environmental Constraint Summary Wildlife Habitat Information Summary DISTRICT COURT, WATER DIV. 5, COLORADO Court Address: Garfield County Courthouse 109 8th Street, Suite 104 Glenwood Springs, CO 81601 (970) 945-5075 ▲ COURT USE ONLY ▲ Case Number: 14CW____ Div.: Ctrm.: CONCERNING THE APPLICATION FOR WATER RIGHTS OF: CLIFFORD CERISE RANCH COMPANY, L.L.L.P. in Garfield County, Colorado Attorneys for Applicant: Name: Michael J. Sawyer, #32313 Jeffrey J. Conklin, #40194 Karp Neu Hanlon, P.C. Address: 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Phone #: (970) 945-2261 Fax #: (970) 945-7336 E-mail: mjs@mountainlawfirm.com jjc@mountainlawfirm.com APPLICATION FOR UNDERGROUND WATER RIGHTS, APPLICATION FOR CHANGE OF WATER RIGHTS, AND APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 1. Name, address, and telephone number of Applicant: Clifford Cerise Ranch Company, L.L.L.P. c/o Michael Cerise, General Partner 4156 Crystal Bridge Drive Carbondale, CO 81623 970-379-9091 Mike@csbldr.net Please direct all pleadings and correspondence concerning this Application to the attorneys for the Applicant. District Court, Water Div. 5, Colorado Case No. 14CW____ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 2 of 11 FIRST CLAIM APPLICATION FOR UNDERGROUNDWATER RIGHT 1. Legal description of well: The Clifford Cerise Ranch Company Well No. 1 is located in the SW1/4 of the NE1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M. a distance of 1410 feet south of the north section line and 2320 feet west of the east section line. The location of the Clifford Cerise Ranch Company Well No. 1 is depicted on Exhibit A. 2. Source and Depth: A. Source: Groundwater tributary to Crystal Spring Creek, tributary to the Roaring Fork River and the Colorado River. B. Depth: 200 feet. 3. Date of Appropriation, how appropriation was initiated, and date water applied to beneficial use: A. Date of appropriation: July 1, 2013. B. How appropriation was initiated: By forming an intent to use water, and the commissioning of an engineering report to determine the quantity and quality of water. C. Date water applied to beneficial use: N/A. 4. Does the well withdraw tributary groundwater: Yes. A. Amount claimed in GPM: 25 GPM, conditional. B. Amount claimed in acre-feet annually: 0.78 acre-feet, conditional. 5. Does the well withdraw nontributary groundwater? No. 6. Does the well operate pursuant to a decreed plan for augmentation: See claim for plan for augmentation below. 7. Uses: Domestic in-house use inside one single family dwelling and one accessary dwelling unit, watering of up to 4,000 square feet (.093 acres) of lawn and garden, and watering of up to four head of stock. District Court, Water Div. 5, Colorado Case No. 14CW____ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 3 of 11 A. Number of acres historically irrigated: N/A. B. Number of acres proposed to be irrigated: .093 acres. C. Does the Applicant intend to use this water right to supplement irrigation on an area of land already irrigated under another water right? No. D. Legal description of irrigated acreage: A portion of the NE1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M. Depicted on Exhibit A. 8. Name and address of owner of the land upon which structure is located: Applicant. 9. Remarks: The Clifford Cerise Ranch Company Well No. 1 shall not exceed a total irrigated area of .093 acres. The well shall operate, together with the Clifford Cerise Ranch Company Well No. 2 and No. 3, pursuant to the plan for augmentation contained in this Application. Notice has been provided pursuant to C.R.S. § 37-90-137 (2)(b)(II)(B) to well permit holders within 600 feet. SECOND CLAIM APPLICATION FOR UNDERGROUNDWATER RIGHT 10. Name of structure: Clifford Cerise Ranch Company Well No. 2. A. Well permit, registration or denial number: Permit No. 235453. B. Pending permits and date of application: N/A. 11. Legal description of well: The Clifford Cerise Ranch Company Well No. 2 is located in the SW1/4 of the NE1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M. a distance of 2,070 south of the north section line and 2,270 feet west of the east section line. The location of the Clifford Cerise Ranch Company Well No. 2 is depicted on Exhibit A. 12. Source and Depth: A. Source: Groundwater tributary to Crystal Spring Creek, tributary to the Roaring Fork River and the Colorado River. B. Depth: 200 feet. District Court, Water Div. 5, Colorado Case No. 14CW____ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 4 of 11 13. Date of Appropriation, how appropriation was initiated, and date water applied to beneficial use: A. Date of appropriation: August 10, 2001 B. How appropriation was initiated: By forming an intent to use water and filing a well permit application with the Division of Water Resources. C. Date water applied to beneficial use: N/A. 14. Does the well withdraw tributary groundwater: Yes. A. Amount claimed in GPM: 25 GPM, conditional B. Amount claimed in acre-feet annually: 0.78 acre-feet, conditional. 15. Does the well withdraw nontributary groundwater? No. 16. Does the well operate pursuant to a decreed plan for augmentation: See claim for plan for augmentation below. 17. Uses: Domestic in-house use inside one single family dwelling and one accessory dwelling unit, lawn and garden watering of up to 4,000 square feet (.093 acres) of lawns and gardens, and watering of up to four head of stock. A. Number of acres historically irrigated: N/A. B. Number of acres proposed to be irrigated: .093 acres. C. Does the Applicant intend to use this water right to supplement irrigation on an area of land already irrigated under another water right? No. D. Legal description of irrigated acreage: A portion of the NE1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M. Depicted on Exhibit A. 18. Name and address of owner of the land upon which structure is located: Applicant. 19. Remarks: The Clifford Cerise Ranch Company Well No. 2 was originally permitted as a 35-acre exempt well with a maximum pumping rate of 15 gpm. The Clifford Cerise Ranch Company Well No. 2 shall not exceed a total irrigated area of .093 acres. The well shall operate, together with the Clifford Cerise Ranch Company Well No. 1 and No. 3, pursuant to the plan for augmentation District Court, Water Div. 5, Colorado Case No. 14CW____ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 5 of 11 contained in this Application. Notice has been provided pursuant to C.R.S. § 37- 90-137 (2)(b)(II)(B) to well permit holders within 600 feet. THIRD CLAIM APPLICATION FOR UNDERGROUNDWATER RIGHT 20. Name of structure: Clifford Cerise Ranch Company Well No. 3. A. Well permit, registration or denial number: N/A. B. Pending permits and date of application: N/A. 21. Legal description of well: The Clifford Cerise Ranch Company Well No. 3 is located in the SW1/4 of the NE1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M. a distance of 2,320 south of the north section line and 1,320 feet west of the east section line. The location of the Clifford Cerise Ranch Company Well No. 3 is depicted on Exhibit A. 22. Source and Depth: A. Source: Groundwater tributary to Crystal Spring Creek, tributary to the Roaring Fork River and the Colorado River. B. Depth: 200 feet. 23. Date of Appropriation, how appropriation was initiated, and date water applied to beneficial use: A. Date of appropriation: July 1, 2013. B. How appropriation was initiated: By forming an intent to use water, and the commissioning of an engineering report to determine the quantity and quality of water. C. Date water applied to beneficial use: N/A. 24. Does the well withdraw tributary groundwater: Yes. A. Amount claimed in GPM: 25 GPM, conditional. B. Amount claimed in acre-feet annually: 0.78 acre-feet, conditional. 25. Does the well withdraw nontributary groundwater? No. District Court, Water Div. 5, Colorado Case No. 14CW____ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 6 of 11 26. Does the well operate pursuant to a decreed plan for augmentation: See claim for plan for augmentation below. 27. Uses: Domestic in-house use inside one single family dwelling and one accessory dwelling unit, lawn and garden watering of up to 4,000 square feet (.093 acres) of lawns and gardens, and watering of up to four head of stock. A. Number of acres historically irrigated: N/A. B. Number of acres proposed to be irrigated: .093 acres. C. Does the Applicant intend to use this water right to supplement irrigation on an area of land already irrigated under another water right? No. D. Legal description of irrigated acreage: A portion of the NE1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M. Depicted on Exhibit A. 28. Name and address of owner of the land upon which structure is located: Applicant. 29. Remarks: The Clifford Cerise Ranch Company Well No. 3 shall not exceed a total irrigated area of .093 acres. The Clifford Cerise Ranch Company Well No. 3 shall operate, together with the Clifford Cerise Ranch Company Well No. 1 and No. 2, pursuant to the plan for augmentation contained in this Application. Notice has been provided pursuant to C.R.S. § 37-90-137 (2)(b)(II)(B) to well permit holders within 600 feet. FOURTH CLAIM APPLICATION FOR CHANGE OF WATER RIGHT 30. Decreed water right for which change is sought: A. Name of Structures: C and M Ditch. B. Date of Original and all Relevant Subsequent Decrees: CA0132, May 11, 1889, Garfield Co. District Court. C. Legal description of structure as described in most recent decree that adjudicated the location: The point of diversion of the C and M Ditch is District Court, Water Div. 5, Colorado Case No. 14CW____ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 7 of 11 on the south bank of Cattle Creek in the SW1/4 of the NE1/4 of Section 9, Township 7 South, Range 87 West of the 6th P.M., 2,200 feet south of the north section line and 1,491 feet west of the East section line. The headgate location is shown in Exhibit B. D. Decreed source of water: Cattle Creek, tributary to the Roaring Fork River and the Colorado River. E. Appropriation Date: C and M Ditch, June 26, 1885 (CA0132). F. Total amount decreed to structure in gallons per minute (gpm) or cubic feet per second (cfs): Absolute: 6 cfs as Priority No. 128 decreed in Case CA0132. G. Decreed use or uses: irrigation. H. Amount of water that Applicant intends to change: Absolute: 0.07 cfs from Priority No. 128. I. Detailed description of proposed change: Applicant owns 1.03 cfs of the 6 cfs, absolute, of the C and M Ditch Priority No. 128 water right. The water supplies associated with the Applicant’s share of Priority 128 historically irrigated 44.3 acres of grass hay. Applicant seeks to dry up 3.0 acres of historically irrigated land under C and M Ditch Priority No. 128 and to change the water associated therewith to storage and augmentation uses. Applicant estimates that ditch efficiency from the headgate to Applicant’s property is 66%. The estimated irrigation efficiency is 50%. In a dry year (such as 2002) for each acre of dry-up under the C and M Ditch Priority No. 128, 0.74 acre- feet of historic consumptive use is available to the Applicant. Table 4, Column 2, attached as Exhibit C. In a dry year, the historic consumptive use associated with the 3.0 acres of dry up is 2.22 acre-feet (Table 4, Column No. 3, attached as Exhibit C). The changed amount corresponds to a direct flow of 0.07 cfs. The water associated with the 0.07 cfs will be stored in an off-channel pond and released to meet the augmentation obligations described herein. Historically irrigated areas that are dried up District Court, Water Div. 5, Colorado Case No. 14CW____ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 8 of 11 shall be monumented by the Applicant and shall no longer be irrigated by the C and M Ditch water rights. FIFTH CLAIM APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 31. Name of structures to be augmented: A. Clifford Cerise Ranch Company Well No. 1, described above. B. Clifford Cerise Ranch Company Well No. 2, described above. C. Clifford Cerise Ranch Company Well No. 3, described above. 32. Water rights to be used for augmentation: A. C and M Ditch (Priority No. 128): i. Date of original and all relevant subsequent decrees: See 30.B. above. ii. Legal description: See 30.C. above. iii. Decreed source of water: See 30.D. above. iv. Appropriation Date: See 30.E. above. v. Decreed Amount: See 30.F. above. vi. Decreed use or uses: See 30.G. above. 33. Does the Applicant intend to change a water right to provide a source of augmentation? Yes. The claim for Change of Water Right is presented above. 34. Complete statement of plan for augmentation: A. The Applicant intends to develop three home sites on its property. Each homesite will have a single family residence, an accessory dwelling unit, lawn/garden irrigation of up to 4,000 square feet (.093 acres) per lot (for a combined total of 0.28 acres), and up to four head of livestock (for a combined total of up to twelve head of livestock). Water will be supplied to the homes and their associated lawns, gardens, and livestock by the Clifford Cerise Ranch Company Well Nos. 1, 2, and 3. Collectively, the three wells will divert 2.35 acre-feet. (Table 1, Column 1, attached as Exhibit D). Domestic wastewater will be treated by ISDS with an estimated 90% of domestic water returning to the Crystal Springs drainage. The consumptive depletions associated with the Clifford Cerise Ranch Well Nos. 1, 2 and 3 amount to 1.2 acre-feet. Table 1, Column No. 7, attached as District Court, Water Div. 5, Colorado Case No. 14CW____ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 9 of 11 Exhibit D. Pumping from the wells will result in delayed impacts to the Crystal Springs drainage. The timing and volume effects of groundwater pumping from the Clifford Cerise Ranch Company Well Nos. 1, 2 and 3 is described on a Table 4, Column 4, attached as Exhibit C. B. The Applicant seeks to augment out-of-priority depletions from the Clifford Cerise Ranch Company Well Nos. 1, 2, and 3 to the Crystal Spring drainage with releases from an off-channel pond that will store water associated with historic consumptive use from C and M Ditch Priority No. 128. Applicant will divert up to 0.07 cfs from the C and M Ditch into the pond during the irrigation season. The pond will have an active volume of at least 1.56 acre-feet with no more than 0.33 acres surface area. From the historic consumptive use associated with the changed C and M Ditch water right, 1.2 acre-feet will be available for release to the Crystal Springs drainage to replace out of priority depletions from the Clifford Cerise Ranch Company Well Nos. 1, 2, and 3, and 1.02 acre-feet will offset evaporation from the pond. 0.66 acre-feet of this amount will be replaced to the by bypassing a portion of the C&M Ditch water right directly to the Crystal Springs drainage. 1.56 acre-feet of this amount will be replaced by releasing water stored in the pond to the Crystal Springs drainage. A schedule of augmentation bypasses and releases is in Table 4, Columns 7 and 8, attached as Exhibit C. C. To maintain historical return flow patters both in the Cattle Creek Drainage and the Crystal Springs Drainage, Applicant will continue to divert 1.03 cfs at the C and M Ditch headgate on Cattle Creek and to flow such water to the Applicant’s property in the Crystal Springs drainage. Applicant assumes that ditch losses to Applicant’s property consist of approximately 33% of total diversions. Thereby, ditch seepage will continue to occur consistent with historic practice in both the Cattle Creek and the Crystal Springs drainages. Applicant will also continue to irrigate 41.3 acres on Applicant’s property with its remaining interest in the C and M Ditch. All remaining C and M Ditch diversions associated with the three (3) acres of dry up will be bypassed to the Crystal Springs drainage. Applicant may identify an alternative source of augmentation water as permitted by C.R.S. §37-92-305(8). 35. Does the plan for augmentation include an exchange that the Applicant desires to adjudicate? No. District Court, Water Div. 5, Colorado Case No. 14CW____ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 10 of 11 36. Names and addresses of owners of the land upon which structures are located. A. Clifford Cerise Ranch Company Well No. 1: Applicant. B. Clifford Cerise Ranch Company Well No. 2: Applicant. C. Clifford Cerise Ranch Company Well No. 3: Applicant. D. C and M Ditch Headgate: QUARTER CIRCLE 8 L.L.L.P., 7747 County Road 100, Carbondale, CO 81623. Respectfully submitted on this 31st day of March, 2014. s/ Michael J. Sawyer ________ Michael J. Sawyer, #32313 Pursuant to C.R.C.P. 121, 1-26(7), a printable copy of this document with original applicable signatures is maintained by the filing party and available for inspection by other parties or the court upon request. District Court, Water Div. 5, Colorado Case No. 14CW __ Application for Underground Water Rights, Change of Water Rights, and Approval of Plan for Augmentation Clifford Cerise Ranch Company, L.L.L.P. Page 11 of 11 VERIFICATION STA TE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) I, James F. Pearce, P.E., state under oath that I have read this Application for Underground Water Rights, Application for Storage Rights, Application for Change of Water Rights, and Application for Approval of Plan for Augmentation. /~/Y~ James F. Pearce Subscribed and sworn to before me this U day of March, 2014, by James F. Pearce. WITNESS my hand and official seal. My Commission expires: ta·1s-·1+. ~1 ~.--_'-c-M . )~ Notary PUbJ Exhibit A Exhibit B (1)(2)(3)(4)(5)(6)(7)(8)(9) Clifford Cerise Ranch Dry Year HCU for 44.3 acres Priority 128 Clifford Cerise Ranch Dry Year HCU Factor Priority 128 Clifford Cerise Ranch Dry Year HCU 3 acres Priority 128 Well Depletion Accounting Effects of Aquifer Delay on Stream Pond Evaporation Depletion Total Well and Pond Evaporation Depletions Well and Pond Evaporation Depletions Met with In Priority C and M Ditch Well and Pond Evaporation Depletions Met with Pond Releases End of Month Stored HCU in Pond Month (ac-ft)(ac-ft/ac)(ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) Jan 0 0 0 0.08 0 0.08 0 0.08 0.19 Feb 0 0 0 0.07 0 0.07 0 0.07 0.12 Mar 0 0 0 0.07 0.03 0.1 0 0.1 0.02 Apr 2 0.05 0.15 0.07 0.1 0.17 0.15 0.02 0 May 15.5 0.35 1.05 0.08 0.14 0.22 0.22 0 0.83 Jun 15 0.34 1.02 0.11 0.18 0.29 0.29 0 1.56 Jul 0 0 0 0.14 0.18 0.32 0 0.32 1.24 Aug 0 0 0 0.15 0.15 0.3 0 0.3 0.94 Sep 0 0 0 0.14 0.13 0.27 0 0.27 0.67 Oct 0 0 0 0.12 0.09 0.21 0 0.21 0.46 Nov 0 0 0 0.09 0.02 0.11 0 0.11 0.35 Dec 0 0 0 0.08 0 0.08 0 0.08 0.27 0.74 2.22 1.2 1.02 2.22 0.66 1.56 (1)From Table 3; Total CU / 6 (2)Column (1) / 44.3 acres (3)Column (2) x 3 acres (4)From Table 2, Column (2), Well depletions accounting effects of aquifer delay on stream (5)From Table 1, Column (9), Pond evaporation depletion (6) (7) and (8) (9)Beginning in April, the end of month storage volume. End of Month HCU Sotrage = Previous month end volume + Column (3) - Column (7). Columns (3) + Column (4) = Total depletions for wells and pond During irrigation season, the sum of the volume of depletions up to the monthly HCU volume. If HCU greater that the sum of the depletions, then water stored in pond. If HCU less than the sum of the depletions, then water released from the pond. Clifford Cerise Ranch, Dry Year Historical Consumptive Use, Priority 128 Exhibit C Table 4 No. of Single Family Equivalent (SFE)6 No. Stock 12 No. gallons/day-SFE 350 gpd Stock Use 15 gpd Percent Depleted 10%Pond Area 0.33 acres Lawn Area 4000 sq-ft/lot Annual Evap.3.13 feet/acre Lot 3 Total Lawn Area 0.28 acres Irrigation Eff.80% (1) (2) (3) (4) (5) (6) (7) (8) (9) Domestic Diversion Domestic Depletion Lawn CIR Lawn CIR for 0.28 acre Lawn Irrigation Depletion Stock Water Depletion Total Well Depletion Pond Evaporation Pond Evaporation Depletion Month (ac-ft) (ac-ft)(ac-ft/ac)(ac-ft) (ac-ft) (ac-ft) (ac-ft)(in)(ac-ft) Jan 0.2 0.02 0 0 0 0.017 0.037 0 0 Feb 0.18 0.018 0 0 0 0.015 0.033 0 0 Mar 0.2 0.02 0 0 0 0.017 0.037 1.26 0.03 Apr 0.193 0.019 0.06 0.02 0.025 0.017 0.061 3.78 0.1 May 0.2 0.02 0.33 0.09 0.113 0.017 0.15 5.25 0.14 Jun 0.193 0.019 0.49 0.13 0.163 0.017 0.199 6.51 0.18 Jul 0.2 0.02 0.53 0.15 0.188 0.017 0.225 6.72 0.18 Aug 0.2 0.02 0.42 0.12 0.15 0.017 0.187 5.46 0.15 Sep 0.193 0.019 0.24 0.07 0.088 0.017 0.124 4.62 0.13 Oct 0.2 0.02 0.05 0.01 0.013 0.017 0.05 3.15 0.09 Nov 0.193 0.019 0 0 0 0.017 0.036 0.84 0.02 Dec 0.2 0.02 0 0 0 0.017 0.037 0 0 Total 2.35 0.23 2.12 0.59 0.74 0.2 1.2 37.59 1.02 Total Depl.2.22 Explanation (1) (2) (3) (4) (5) (6)Days in month * 12 * 15 / 7.48 / 43560 = Stock water depletion volume for 12 head and 15 gpd/head (7)Column (2) + Column (5) = Total Well Depletions (8) (9)Column (6) /12 * 0.33 = Pond evaporation volume Gross pond evapoation rate from: http://water.state.co.us/DWRIPub/Documents/gravelpits.pdf Domestic, Lawn and Garden, and Pond Evaporation Uses and Depletions Days in month * 6 * 350 / 7.48 / 43560 = Domestic diversion volume Column (1) * 0.10 = Domestic depletion volume Crop Irrigation Water Requirement derived from StateCU for bluegrass and Glenwood Springs #2 climate station Column (3) * 0.28 = Lawn crop irrigation requirement volume for 0.28 acres (4,000 square feet per lot) Column (4) / 0.8 = Lawn irrigation diversion and depletion amount (assumes 0 lawn irrigation return flows) Exhibit D Table 1 OFFICE OF THE STATE ENGINEER Form No. GWS-25 COLORADO DIVISION OF WATER RESOURCES . 818Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PUMD .,; '1\ I C:TALLER· I(\ (303) 866-3581 · l 1 \I u I , ~c APPLICANT [ WELL PERMIT NU••if ?'sjOP.V --I DIV. 5 WD 38 . . SI Mor-- CLIFFORD CERISE RANCH COMPANY 0086 COUNTY ROAD 104 CARBONDALE, CO 81623- APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 24 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 2070 Ft. from North 2270 Ft. from East UTM COORDINATES Section Line Section Line (970) 963-3669 PERMIT TO CONSTRUCT A WELL Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 65.67 acres described as that portion of the SW 114, NE 114, Sec. 24, Twp. 7 S, Rng. 88 W, Sixth P.M., Garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be 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) This well shall be constructed not more than 200 feet from the location specified on this permit NOTE: Parcel Identification Number (PIN): 23-2393-241-00-261 NOTE; Assessor Tax Schedule Number: 111547-011 APPROVED SAP Receipt No. 9500789 State Engineer p 112001 ,r.J & I ?Qi• I ~, f) ByEXPIRATION DATESEP 11 2003 Form No. GWS-11 1112011 COLORADO DIVISION OF WATER RESOURCES ,R· Eh En f;l.:!>Mfficc Use Only DEPARTMENT OF NATURAL RESOURCES . """ nn:;u 1313 Sherman St., Ste 821, Denver, CO 80203 Main: 1303) 866-3581 Fax: (303) 866-2223 dwroerm~sonline@state.co.us CHANGE IN OWNER NAME/ADDRESS FIB 1 4 '12 RECEIVED CORRECTION OF THE WELL LOCATION WAT R RESOURC~S FFB -Rc,·icw instructions on the reverse side prior to completing the form. STA E ENGINEER (1 J 7 {012 >--------------~----~----~-------<.;LENWOOD Name address and phone of person claiming ownership of the well pennit: Name(s): Clifford Cerise Ranch Company Mailing Address: 0086 County Road 104 Ccy, St Zip: Carbondale, Colorado 81623 Phone 970-379-9091 Email Address: mike@csbldr,net \/W\TER RESOURCES STATE ENGINEER COLO. This form is filed by the named individua1/entity claiming that they are the owner of the well permit as referenced below. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: Well Permit Number: 235453 Receipt No.: 9500789 Case Number: _______ _ County Garfield Well Name or# (optional) ____________ _ (Address) (City) (State) (Zip) ~1/4 of the~ 1/4,.Sec. ~.Twp. _7 __ C N. or ix S., Range ~DE. or0 W., sixth P.M. Distance from Section Lfnes: 2070 Ft. From fX N. or I S., 2270 Ft From [E) E. or0 W. Line. OR: GPS well location information in UTM format. You must check GPS unit for required settings as follows: Format must be UTM, r zone 12 or l zone 13: Units must be meters; Datum must be NADB3; Unit must be set to true north. Easting _______ _ Northing ______ _ Subdivision Name Lot __ ,Block __ , Filing/Unit __ The above listed owner(s) say(s) that he, she (they) own the well permit described herein. The existing record is being amended for the fo!lowing reasons: III Change in name of owner 0 Change in mamng address 0 Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information reqardinq correction of the well location. I (we) claim and say that I (we) (am) (are) the owner(s) of the well permit described above, know the contents of the statements made herein, and state that thev are true to mv (our) knowledQe. Sigfi or •tr .the na7'!/::!;;!>erowner(s) I If signing print name & title I Date (mm/dd/yyyy) /) j, J.A_) / ~ /'---.... I Michael B. Cerise, General Partner I 01/26/2012 -1t is the responsibility of the new owner of this well permit to complete and/or sign this form. If an agent is signing or entering information please see instructions. Please send confirmation of acceptance of change in owner name/address via: [Z] Email address listed above L{] US Mail 1>(;~!W'fiJ;ij AS A CHANGE OFOWNERS!ltll' ANDlOR i~tA.lL!NG ADDRESS ,.J!:L u4s;-"!~¥'+-----l ·f1-(1- Date WELL CONSTRUCTION AND TEST REPORT FOR OFFICE USE ONLY STATE OF COLORADO, OFFICE OF THE STATE ENGINEER RECEIVED I. WELL PERMIT NUMBER 235453 DEC ~O 2001 2. Owner Name(s): Clifford Cerise Ranch Co. w•"!El'~• Mailing Address: 0086 County Road I 04 sT•"IEc<Jl.O. <i :5001~ ! City, State, Zip : Carbondale, Co. 81623 Phone # : 970-963-3669 APPROVAL# GWS31-9l--03 3. ~IJ, l.QC6IIQN AS QB.ll J Jill SW 1/4 NE 1/4 Sec: 24 DISTANCES FROM SEC. LINES Twp: 7 S Range: 88 w 2070 ft. from North Sec. line and '2270 ft. from East Sec. line OR Northing; Easting; SUBDIVISION: LOT: BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 10/10/2001 TOT AL DEPTH: 170 DEPTH COMPLETION: 170 5. GEOLOGIC LOG 6. JIOLE DIAMETER {in) FROM (ft) TO (ft) r,.,,,,, T~ ofMaterial rs;7P Color. and Tvnel 9.0 0 40 000-170 Volcanics 6.5 40 170 7. PLAIN CASING OD (in) Kind Wall Siu: From (ft) To (ft) 7.0 Steel 0240 0 40 5.5 PVC 0.250 30 130 PERF. CASING : Screen Slot Size 5.5 PVC 0250 130 170 8. Filter Pack 9. Packer Placement Water Located: 130 + Material : Type: Size : Depth : Remarks : btterval : 10. GROUTING RECORD Marerial Amount Density bUetva1 Placement Cement 5 sks 6 ool/sk 10-40 nnured 11. DISINFECTION : Type: HTH Amt. Used: 4 oz. 12. WELL TESTDATA: () CheckBoxlfTestDatalsSubmittedOnSupplemental TESTING METHOD : Air Compressor Static Level : 120 ft. Date!fime Measured 10/8/200 I Production Rate 10 gpm Pumping Level : Tomi ft. Date/Time Measured 10/812001 Test Length : 2hours Test Remarks : ) 3 I have read. the statemcnts I'll3de herein and 'know the COlJlc:ntll. lhcrco( ~that they ae trnc to my koowtcdgr.:. (Pursuart to $ectioo 244-1-4 (13)(a) CRs,. the llUlki::ngoffhlse statements . romiV!C'f'Q'R~=i:;,~~1 m•..._,.) Phone: (970)927-4182 Mailing Address : P.O. Box 1059 B~ 11, Co~l621 _,, Lie. No. I 095 Name I Title (Please Type or Print) Sign"1tf ~~ Date Wayne Shelton I President 10/1912001 p I!-:. ,,, , ORIGINAL RIBll ID. . · PUMP INSTAUAllON AND TEST REPORT ~:~ly S1IS32 -· STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1. WBl. PERMIT NUMBER 235453 DEC al 2004 Clifford Cerise Ranch Company ~·.~r:-:rr--..,.'1? ... 2. OWNER NAME(S} s.. .. . -c~ "~· . .:. . -1 Mailing Address 0086 Co!!!!!J! Road 104 ct._c;.. -~ City, St Zip Carbo!l!l!le, !;;Q S I 66~ Phone ( 970 ) 963-3669 3. WELL LOCA]]QH ~ QB!! I !;12; SW 1/4 NE 1/4, Sec. 2~ Twp. 7 2-.~ 88 w DISTANCES FROM SEC. LINES: 2070 ft. from North Sec. rme. and @i&bl 61 66Uilij 2270 ft. from East (iiit & W6iij Sec. line. SUBDIVISION: LOT __ BLOCK FIUNG(UNIT) STREET ADDRESS AT WB.l. LOCATION: 4. PUMe DA!A: Type Submersible lnslallatlon Completed 100303 Pump Manufacturer ncmlds Pump Model No. I !!LS!l1~22 DesignGPM 15 at RPM 3450 .HP 3/4 . Volls . FuD Load Amps Pump Intake Depth 160 Feet, Drop/Colunm Pipe Size 1 lnChes, Kind Sch SO PVC ADDmQNAL l!'jFORMA]]QN FOR PUMPS GREAIER THAT 50 GPM: TURBINE DRIVER TVPE: D Electric D Engine 00ther Design Head 1eet. Number of Stages • Shalt size Inches. 5. O!!::!§B EOUIPfl!ENT: Airline Installed D Yes IXJ No, Orifice Depth ft. . Monitor Tube Installed 0Yes!Xl No, Depth ft Flow Meter Mfg. Meter Serial No. Meter Readou!0 Gallons. D lbousand Gallons. D Acre feet. D Beginning ReacflflQ 6. !&ST !l~TA: D Check box if Test data is submitted on %S'lementat Fonn. 1 Date /O(Q'J {) 10/3/03 Total Well Depth j70 Time Static l.ellel llv. z_;, 1 Rate (GPM} 10 GN:\. Date Measured J,..,I()"I: /0'1 Pumping Lvl nil. ~J. • . 7. DISINFECTION: Type Clorox Amt. Used 112 Gal a Water Quality analysis available. D Yes 00 No 9. Remarks o. 1 have read the stateme11rs made herein and know the COi ilenl:S thereof, and that they are true to my knowledge !Purauant to Section 244-104 (13)(a) C.R.S., the making of false sta!emen1S herein constilutes perjury in 1he --- degree and IS punishable as a clasS 1 misdemeanor.] CONTRACTOR Samuelson Pump Co., Inc. Phone~ 945-6309 Uc. No. 1050 . Mailing Address P.O. Box 297, Glenwood Springs, CO 81602 Name{rllle (Please type or print) Si91~ 7. Date , Raun Samuelson, President 'J--~ f'i/UJ/03 ~-c..~~=-oc H I ~ c-1·. /, L: AQUAMAP Colorado Division of Water Resources Permit no 235453 Clifford Cerise Ranch Comp Map created by dm'h'. 2~~1'~!:!_2 ,, ___ , 1 --· -- !;1 'it -._•i I(,'( [DATA ENTRY MENU QUICK ZOOM MENU _:O)(I . ox PLSS LOCATOR MENU . ox Lat,Long' K;A TION • PLSS <=> UTM Y Zone Conversions Section Township Range Meridian (<j[,>J II 11 lvl~ Isa lvlE!Y] js;xu1 lvl Q 40 Dist. (ft N/S) Dist. (ft E/W) §lil I 2010 10!] ~ [D!] ~ Q 160 ~ [i) (E)@)~(Z)~ Click to create PDF ··1 ,:\. Copy From Map ) ·v lJ [ zoom In Map ] UTM X, Zone 13: 308659 UTM Y, Zone 13:4552261 Long: -107° 16' 42.4" Lat: 41° 5' 56.8" Easting UTM X (m) I 313322.40 I Northing UTM Y (m) I 4361111.00 I UTM and Geographic(LL) coordinates in NAO 83 LAY o· s-ackground [8J Counties D Water Well Applici) I 2011 Aerials [ 'f [ IZJ PLSS D DWR Parcels "" O 0 Roads r:8J EPA Well Notificati w Low High D Hydrography D Oil/Gas Well Local Transparency [8J County Parcels (No Public Access) 0 Towns [ More Data ) LOCATION '"'!1' ¢: Section Township Range Meridian ~ 11 lvl~ I•• lvlEff] lsixthlvl 0 0 "< l{) [ PLSS Locator ) [ Quick Zoom ) [ Spacing ?" 2'~~ 6A! 00-0 .,__,__) I , ' //'~,-,, ..,__ ___.-,.!,.,"-! ' I ''l ·:f II f ;.:· !C-\(.,/ '.-! 1:.i 7,118ft • Output Scale !1>.000 lvl PRINTING Page Size I a.sx11 Iv I User jdmwl Title [Permit no 235453 Clifford Cerise Ranch Comp I Note: The well locations displayed on AquaMap are based on location Information provided by well permit application forms and are only as accurate as the Information provided. The actual physical locations of all wells have not been field verified and may vary from the location displayed. Refer to a copy of the original well permit file, available on the Division of Waler Resources website, for well location details. COLORADO DMSION OF WATER RESOURCES !iiliiAATiiaiT Of AATUIW. RESOURCES Based on work developed at http://wvNv.carto.net • Address location by Yahoo Maps AquaMap Version 3.0.1 July 5, 2009