HomeMy WebLinkAbout3.0 BOCC Staff Report 04.01.1996• •
I4OCC 4/1/96
PROJECT INFORMATION AND STAFF COMMENTS
R 1:QU E`: An exemption from the definition of
subdivision.
APPLICANT: Ernest Frywald
LOCATION:
A tract of land located in a portions of
Section 1, T7S R89W and Section 7, T7S
R88W of the 6th PM; located
approximately 5 miles south of Glenwood
Springs off of SH 82.
SITE DATA: 10.3 acres
WATER: Well
SEWER: ISDS
ACCESS: Proposed new driveway off of Hwy. 82
EXISTING/ADJACENT _ZONING: Commerciap/ Limited
L RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District D - Rural Areas/ Moderate Environmental Constraints
as designated on the Garfield County Comprehensive Plan Land Use Map.
IL DESCRIPTION OF THE PROPOSAL
A. Site Description: The si e is located in an area with existing commercial and
residential uses. The property has the Summit House (Coltons) furniture store,
associated storage buildings, and two mobile homes. The area is relatively flat,
draining gentlely toward the railr ad, which foul's the western boundary. A
vicinity map is shown on page W, •
B. Project Description: The applicant is proposing to split the 10.3 acre parcel
into four (4) parcels of a proximately 2.2, 2.1,2.1, and 3.9 acres in size. One of
the 2.1 acre sites has the e fisting furniture store, the 2.2 acre site would have the
storage buildings and obile homes, and the remaining two lots would be
vacant. An on site well s pplies the existing uses and a new well is proposed to
serve the new lots. All xisting and proposed lots would utilize individual
sewage disposal systems. A sketch plan of the proposed exemption is attached
to th�� staff report, and a cover letter from Ron Liston is attached on pages _
-
/.
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III_ MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "No more than a total offour (4) lots, parcels, interests
or dwelling units will be created from any parcel, as that parcel was described in
the records of the Garfield County clerk and Recorder's Office on January 1,
1973, and is not a part ofa recorded subdivision; however, any parcel to be
divided by exemption that is split by a public right-of-way (State or Federal
highway, County road orrailroad) ornaturalfeature, preventingjoint use ofthe
proposed tracts, and the division occurs along the public right -of way ornatural
feature, such parcels thereby created may, in the discretion of the Board, not be
considered to have been created by exemption with regard to the four (4) lot,
parcel, interest or dwelling unit limitation otherwise applicable;
A deed submitted with the application describes the parent parcel on December
28, 1965 (Book 372, Page 175, Reception No. 232928). Therefore the tract of
land qualifies for a request of up to four (4) parcels to be created through the
exemption process.
B. Zoning. The proposed exemption parcels exceed the required 7500 sq. ft.
minimum lot size for the C/L Zone District. Each lot also meets the two (2) acre
minimum required for a lot with individual wells and individual sewage disposal
systems. Lot 2, with the storage buildings and mobile homes, and Lot 3 have
been reduced in size due to some conflicts with the railroad right-of-way, that
has resulted in some of the buildings now being on the railroad right-of-way.
(See letter pr.11 One of the buildings has a lease that recognizes the
encroachment, three other buildings have no easement or lease. The change in
property boundary, also created a conflict with the rear setback requirements of
25 ft. of the A/R/RD zone district. On February 27, 1996, the Garfield County
Board of Adj ustment approved a variance to the setback encroachments, subject
to meeting certain conditions of approval. (See letter pr )' One of the
conditions was that the railroad agree to a lease that allows the existing
structures with no lease, to remain on their property. Correspondence from the
railroad recognizing the encroachment of the buildings on their right-of-way
needs to be received prior to any approval of an exemption plat.
C. Legal Access. The parent parcel is accessed from two access points off of
Highway 82. The proposed new lots would use a new access point adjacent to
the southern most access and expand it to a sixty (60) foot wide easement, with
a cul-de-sac with a 60' radius. The applicant's attorney notes that an access
permit has been submitted to the State and that it should be issued prior to any
approval by the County.
D. Water and Sewer. The applicant intends to serve Lots 1 and 2 with a pre -1972
commercial well, and a new commercial well augmented with water by the Basalt
Water Conservancy District for lots 3 and 4. The current well permit supplies
the existing uses and a copy of the 1967 well permit application for a 10+ gpm
domestic well. The applicant's attorney has opined that since the uses were in
existence prior to 1972 the well can legally continue to supply the commercial
uses and residential uses on the property.
It is not clear whether or not the contract approved by the conservancy district
will be a round two contract, which has a twenty five year limitation on the use
of the water. If it is round two water that is being approved the State Engineer
has recommended that language be added to plats using this water that notes
that after 25 years there is no guaranteed supply of water. If this is the case, then
staff would recommend that a plat note using language previously suggested by
the State Engineer, be included on any plat approved. Additionally, a copy of
the approved well permit needs to be submitted to the Planning Department,
prior to the signing of any plat.
The applicant's engineer had the existing well pump tested in December of 1995
and concluded that the well would be able to supply the development's domestic
needs, provided "the hydrologic conditio s rema similar to those measured
during the testing phase." (See letters pgsi This provides the basis for
the Board to make a determination that there is a reasonable chance that the
proposed well will be able to develop a sufficient supply of water to meet the
additional needs of the lot. The Commissioners have established the following
criteria for wells:
1) A well be drilled and a 4 hour pump test shall be performed;
2) The applicant supply, to the Planning Department, the well
completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3) The results of the 4 hour pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge shall be submitted to the Planning Department;
4) A written opinion of the person conducting the well test that this
well would be adequate to supply water to the number of
proposed lots and be submitted to the Planning Department;
5) An assumption of an average of no less than 3.5 people per
dwelling unit, using 100 gallons of water per person, per day;
6) If the well is to be shared, the provision for individual water
storage tanks of no less than 1000 gallons for each proposed lot
(required at time of building permit application);
7) A discussion of the mechanical components of the shared well
system to include the pump, water supply line, storage tank and
other components (for shared well systems);
8) A legal, well sharing agreement which discusses all easements and
costs associated with the operation and maintenance of the system
and who will be responsible for paying these costs and how
assessments will be made (for shared well systems);
9) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria and nitrates.
The only issue that is inconsistent with the proposed splits is that the lots are
intended to be commercial uses, not domestic. Staff would suggest that
condition no. 5, be changed to read:
5) An assumption of a maximum of 3000 gpd will be used on each
lot, based on the maximum design flow of an ISDS on each lot.
These criteria should be part of a conditional approval, except for #8, to which
the applicant's attorney has submitted a well sharing agreement as a supplement
to the application . If the new well is drilled, a 20' square, access and
• •
maintenance easement with a 10' wide waterline access and maintenance will
need to be shown on any plat approved by the Board.
The applicant is proposing to serve each parcel with a new or existing ISDS.
The application indicates that there are existing systems on the lot, with no
indication of the locations or the capacities. It is not possible to determine if the
existing systems are capable of meeting the needs of the proposed lots. Soil
conditions on the site do not preclude the use of individual leach fields on the
site. It should also be noted that ISDS can only be used for domestic waste and
any plat approved should have a plat note to that effect.
E. State and Local Health Standards. No State or Local health standards are
applicable to the application, with the exception of Colorado Department of
Health ISDS setback standards, which should be verified by an engineer.
F. Drainage. No intermittent of perennial streams are located on the property,
and it does not appear that easements are necessary.
Fire Protection. The applicant has proposed to meet the same requirements
made of the Evergreen Commercial Center developers in their agreement with
the Carbondale Fire Protection District. That agreement was to pay the impact
fees established by the District. These fees should be paid prior to the signing of
any plat of resolution.
G.
H. Easement. Any required easements (drainage, access, utilities, etc..) will be
required to be shown on the exemption plat.
IV. NIJGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that not all of the pertinent facts, matters and issues were submitted
at that meeting.
3. That for the above stated and other reasons, the proposed exemption is not in
the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
V_ RECOMMENDATION
Staff recommends APPROVAL of the application , subject to the following conditions
of approval:
1. That all representations of the applicant, either within the application or stated
at the meeting before the Board of County Commissioners, shall be considered
conditions of approval.
• •
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-
way, and any proposed easements for setbacks, drainage, irrigation, access or
utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners
for signature, from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit proof that Fire Impact Fees for the creation of
all new exemption parcels have been paid prior to the signing of a plat.
5. Prior to the signing of a plat, the applicant submit copies of signed leases with
the railroad for all buildings on the railroad property.
6. That the following plat note be included:
"Individual Sewage Disposal Systems can only be used for domestic wastes."
7. The applicant drill a new well meeting the following criteria for demonstrating
the quality, quantity and dependability of a well or a shared well system, prior
to any plat being signed:
1) A well be drilled and a 4 hour pump test shall be performed;
2) The applicant supply, to the Planning Department, the well completion
report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
3) The results of the 4 hour pump test indicating the pumping rate in gallons
per minute and information showing drawdown and recharge shall be
submitted to the Planning Department;
4) A written opinion of the person conducting the well test that this well
would be adequate to supply water to the number of proposed lots and
be submitted to the Planning Department;
5) An assumption of a maximum of 3000 gpd will be used on each lot, based
on the maximum design flow of an ISDS on each lot.
6) If the well is to be shared, the provision for individual water storage
tanks of no less than 1000 gallons for each proposed lot (required at time
of building permit application);
7) The water quality be tested by an approved testing laboratory and meet
State guidelines concerning bacteria and nitrates.
It will also be necessary to have a 20 ft. square easement around the well and a
ten (10) ft. wide maintenance and repair easement for a waterline to each of the
new lots from the well site easement.
8. The applicant shall receive an approved State Highway access permit for the lots
created, prior to signing of an exemption plat.
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N(IV CIIII)l:1' 27, 1995
Mil1'1, 11t:a11
(illrficltl (:uuuly Planner
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(I I cuit+ood :i11r I u;;:i , CO 11 I (i0 1
I((:; I ylultlti :i11ht)ivi:iiui Ixeml)) iuu Application
Hear MIM;:
land design
partnership
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i (111)1 1 i>11 and x11111 i ca 1. 101> foe::) WA required for nu x111) l i ca L i on for
exc_:w111 i t)n from .mill i v i o i on procedure:. ) h i s i n fol uu11. 100 i s ou11m i L Lec1
on behalf of the owner nn11 1'01 iI.ioner, Ernie f'yrlralcl.
I0:1 till i I h Ice n copy of tl deed 11'n11:i fe:1 1' i 11a rhe Uralic:)' I.y L0 1.11t:
Il1oviull:i owner (Conon ) nn(I I.hu (loot) from Coli -on to Iyrual(1 and
(Inl horn. Thio provides evidence I.hnl. the II1-1))0r1y has uol. been
tiiviHoll ilnce prior to 197A and 1.11uo c(uu1ifioa for c:ciusitlr.ral,iun (is
OH c:xem111 lou from normo l:>i111tI I V dull ro(;u 1 1 i ou0.
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SSouthern Pacific
Real Estate Enterprises
•...__. i,Y/
MAR 2 2 1996
1860 LINCOLN STREET • SUITE 200 • DENVER, COLORADO 80295 • TELEPHONE (303) 812-7616 • FAX (303) 812-7620
GARY H. HUNT
District Manager In reply, please refer to:
March 19, 1996
Planning Department
County of Garfield
Garfield County Courthouse
109 Eighth Street, Suite 303
Glenwood Springs, Colorado 81601
TO: THE BOARD OF COUNTY COMMISSIONERS
RE: Subdivision Exemption by Ernest Frywald; Garfield County, Colorado
Gentlemen:
The Railroad is in receipt of the Public Notice for the above -referenced matter. In
reviewing the legal description, it was discovered that the legal description for the property
encroaches into the Railroad right-of-way. The description encroaches approximately 33' on
the south. As it continues northerly, it jogs back to 27' in the middle portion; and, on the north
end, it is at 32' into the right-of-way of the Railroad's ownership. The area of encroachment
covers approximately 1.57 acres, more or less, as shown in the legal description.
Southern Pacific Transportation Company therefore respectfully requests that the legal
description be modified to reflect the fact that it should be moved back to the property line as
depicted on the 10.3 acres that is being subdivided. Should you have any further questions
regarding this matter, please call me at (303) 812-7616 or send us a letter regarding this issue
to our address as rioted above.
G1-1H/Ill rt
C.DArarcrnnrerrenstelyma,a. re
Sincerely,
Galy f I. Hunt
As Agent for Southern Pacific Transportation Company
A Division of Sonlhe,n Pacific Rail Corpoialinn
• •
(x','11?1(1I±'Li) C()UIV 1'1/
13�1i1(lil3f,
'and l'i�lfanilf��
February 27, 1996
Mr. Ron Liston
Land Design Partner
918 Cooper Avenue
Glenwood Springs, CO 111601
Rh:: lryI V1'nld Variance Approval
1.)ear Ran,
On Monday, February 26, 1996, the l3oard oCAdjustment. conditionally approved your client's request
For a variance (roti Section 1 07.06 (2) of tlse Garfield County Zoning Resolution of 1978, as
amended. '1 he approval is conditioned upon the following items:
)
That there be verification of the lease agreements covering the IOur (1) of Ilse live (5) existing
structures, allowing the structures to 1 01110i1 in place. Specifically, those structures located
within the Southern Pacific. I(ailroa(I property.
2) That the variance is only valid for the huilclinp,s as they exist and only as long as the leases me
in farce and that the variance does not allow for any eXpal1Slall or replacement of the existing
buildings without complying wills the setback requirements in place al the time.
3) I[ purchase or the properly occurs, then 0 sufficient amount of property must also 1)e
purchased to allow tlse existing structures to meet the setback requirements in effect at that
time.
Please supply 111is office with the completed lease agreements incl any outer per intent ink)] lumbo!) as
soon as practical. If you have any questions, please do not hesitate to call
Sincerely
,
Eric 1.). McCafferty
Garfield County Planner
109 8111Slrccl, Suite. 303
945-8212M15-7972 (;Icn'vuutl iul&..s, Colorado R 1(1)1
P.O. Box 1908
1005 Cooper Ave_
Glenwood Springs,
CO 81602
/X\
Z4NC4NELL4 4N13 4550041E5, INC.
ENGINEERING' CONSULT4N Y5
March 26, 1996
Mr. Mark Bean
Garfield County Planning and Zoning Commission
109 Eighth Street
Glenwood Springs, CO 81601
Re: Fyrwald Exemption
Dear Mark:
(970) 945-5700
(970) 945-1253 Fax
MAR 2 7 1996
y -tet'
Cxx�bui I
Attached is our January 4, 1996 pump test evaluation of the existing Colton or Fyrwald well. We
have moved the Fyrwald well Receipt # 396982 to a new location approximately 280 feet south.
This was done to resolve some 600 foot spacing conflicts of the potential expansion of the
existing well. There were still two wells located within the 600 feet of the proposed Fyrwald well.
We have obtained waivers to the 600 foot spacing rule for these wells (see attached).
The new well is proposed to be constructed in the same Roaring Fork River alluvium as the
existing well (test results are enclosed). It is our opinion that both wells would be tapping the
same aquifer and should have similar results.
Ms. Sherry Caloia will be providing a letter as to the legal availability of the water. 11 is our
understanding that the existing use may continue to operate under the existing well. We have
also made provision so that the new well will be covered in the Basalt Contract, to supply the
needs of both the existing and future use at the Fyrwald exemption.
If you have any questions, please call our Glenwood Springs office at 945-5700.
Very truly yours,
Zancanella and Associates, Inc.
1 Y16.24.e A
Thomas A. Zancanella, P.E.
President
cc: Ernie Fyrwald
Sherry Caloia
TAZ/lIl/95235
1(we
• •
600 FOOT WELL SPACING STATEMENT
Dave Dodson slate as follows:
1 (we) own real property described as: 1254 127 Road in
the SE'/, of the SE %, Section 6, Township 7 South, Range 88 West, 6th P.M.
Garfield County, Colorado. Located on our property are the following well(s):
Permit No. 36168 and Permit No. 16994 Permit No. 28065
(USE PERMIT NO. IF KNOWN)
2. I (we) have been apprised that Ernie Fyrwald of Aspen Sports, Inc.
present owners of a parcel of land: see attached map and legal description.
Desire to drill a new well or to extend the use of an existing well. I(we) also
understand that the purpose of such well is set forth in the well permit application,
and that l(we) have reviewed tl►e application that was submitted to the State
Engineer and receipted by him under Receipt No. 396982 and Permit No. 31706.
3. The proposed location for the subject well will be Iess than 600 feet from one or
more of my(our) wells.
I3y this statement 1(we) are specifically waiving any objection to the issuance of a well
permit; for the subject well, as set forth in the referenced application, and would request
that permit issuance not be postponed or denied because of any concerns by the Division
or others that the proposed well will materially affect my (our) well(s) or water right(s).
I(we) also specifically waive any right 1(we) inay have t0 participate in a hearing before
the State Engineer pursuant to Section 37-90-137(2), C.R.S.
Dated this
day of RANO), 1996.
P.d: Box 1908
. 1005 Cooper Ave.
Glenwood Springs,
CO 81602
• •
7\0\
Ernie Fyrwald
Aspen Sports, Inc.
408 East Cooper Ave.
Aspen, CO 81611
Re: Fyrwald Well 111
Dear Ernie:
Z4NC4NELL4 AND 4ss004 rES
ENalNEEMNIG CoNSULr4NT5
January 4, 1996
(970) 945-5700
(970) 945-1253 Fax
At your request, Zancanella and Associates, Inc. has made arrangements to pump test the
Fyrwald Well 111 to determine its long term safe yield. The well is located in the SW 1/4 of
the SW 1/4 of Section 6, Township 7 South, Range 88 West of the 6th P.M. at a point
whence the North 1/4 corner of Section 7, Township 7 South, Range 88 West of the 6th
P.M. bears South 86° 14' 01" East a distance of 818 feet. The well can be plotted 28
feet from the west section line and 25 feet from the south section line. The approximate
location of the well is shown on the attached site rnap (Figure 1).
The static water level in the Fyrwald Well /11 on December 27, 1995 was 74.5 feet below
the top of the well casing. It is estimated the well was drilled to a total depth of 110 feet
and was completed in the Roaring Fork River Alluvium. The static water level in the
Fyrwald Well /11 will provide approximately 35.5 feet of available drawdown. This well
has historically served the Colton Furniture Store and three single family residences with no
reported difficulties.
The well was tested on December 27,1995 by Samuelson Pump Company. The existing
well pump was used to test the well, to avoid putting the existing residences out of water
during the holiday week. A pumping rate of 10 gpm was selected ( the maximum out put
of the well pump) and the well was pumped continuously for a 24 hour period. The
drawdown and time data collected during the test is presented in Table 1.
We have plotted the data in a drawdown vs. time curve for Well /13 and have presented
the curve in Figure 2. The well demonstrated continuous drawdown over the pumping
period. The well pumped at a nearly constant slope throughout the test. The pumping level
at 10 gpm stayed well above the pump intake during the pumping test. If the well
continues to pump at the same water level that was established during the test, the well
would be able to pump in excess of 100 days at the 10 gpm rate with the water level
rernaining above the pump intake. (Figure 2)
Page 1
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(values in acre feet)
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•
TABLE 1 FYRWALD WELL # 1
PUMPING TEST DATA
DATE TIME WATER DRAW
LEVEL DOWN t t' t/t' Q
27 -Dec -95 10:00 AM 280.96 0 0
27 -Dec -95 10:01 AM 284.25 3.3 1 10 GPM
27 -Dec -95 10:02 AM 284.46 3.5 2 10
27 -Dec -95 10:03 AM 284.58 3.6 3 10
27 -Dec -95 10:04 AM 284.67 3.7 4 10
27 -Dec -95 10:05 AM 284.71 3.8 5 10
27 -Dec -95 10:06 AM 284.75 3.8 6 10
27 -Dec -95 10:08 AM 284.75 3.8 8 10
27 -Dec -95 10:11 AM 234.83 3.9 11 10 GPM
27 -Dec -95 10:12 AM 284.92 4.0 12
10
27 -Dec -95 10:15 AM 284.96 4.0 15 10
27 -Den -95 02:33 PM 284.96 4.0 273 10
27 -Dec -95 06:28 PM 285.08 4.1 508 10
27 -Dec -95 10:07 AM 285.21 4.3 1447 10
DATE
28 -Dec -95
28 -Dec -95
28 -Dec -95
28 -Dec -95
28 -Dec -95
28 -Dec -95
28 -Dec -95
28 -Dec -95
FYRWALD WELL # 1
RECOVERY TEST DATA
WATER DRAW
LEVEL DOWN t 1' lit' Q
10:07 AM 286.00 5.0 1447 0 0 GPM
10:12 AM 281.44 0.5 1452 5 290.4 0
10:14 AM 281.27 0.3 1454 7 207.7 0
10:15 AM 281.21 0.3 1455 8 181.9 0
10:16 AM 281.25 0.3 1456 9 161.8 0 GPM
10:17 AM 281.29 0.3 1457 10 145.7 0
10:18 AM 281.44 0.5 1458 11 132.5 0
10:20 AM 281.42 0.5 1460 13 112.3 0
10:22 AM 281.35 0.4 1462 15 97.5 0
Page 3
f ••
Well5wdr.wk4
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A
(1)
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• •
DRAVVDOWN (feet)
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• •
DRAWDOWN (feet)
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We also projected the pumping water level of the aquifer at a pumping rate of 15 gpm.
From the test data the aquifer appears to be capable of producing 15 gpm. It may be
necessary to rehabilitate or clean out the existing well if a Targe pump is installed. Wells
pumped at a specific rate for many years will often scale or rust up to the point of only
allowing the water that is pumped on a regular basis into the well.
Recovery data for the well was collected for a 15 minute period after pumping had
stopped. The recovery data is also presented in Table 1. The recovery plotted as residual
drawdown is shown in Figure 3. Based on the residual drawdown curve, the well
displayed normal recharge characteristics.
Table 2 presents the water diversion requirements for 24 EQR units (3 residential and 21
commercial EQRs). We have assumed that each equivalent residential unit will have 3.5
people, each using 100 gallons per person per day. In addition, we have assumed that
each unit will irrigate up to 1000 ft2 of lawn and garden from the water system. In
addition, we have assumed that there will be 0.5 acres of irrigated open space. We have
limited the amounts of in house use on each lot to 2000 gallons per day, the ISDS Garfield
County limit. Based on the above assumptions, the peak diversion month would occur in
July and the average annual demand would be 7.7 gpm. The entire 24 EQRs will require a
larger instantaneous peak demand than can be provided for by the well alone. On site
storage will be necessary to supply peak domestic and fire storage demands.
Assuming that the hydrologic conditions remain similar to those measured during the
testing phase, it is our opinion that with proper storage the well will be capable of serving
the development's domestic needs and some limited outside irrigation needs (1000 ft2).
While not required, we recomrnend that a second well be constructed to provide
mechanical reliability to the system.
If you have any questions, please feel free to contact our office at 945-5700.
Very truly yours,
Zancanella and Associates, Inc.
r�no O Qt .rn �_ro_
Thomas A. Zancanella, P. E.
cc: Bill Bullock
Ron Liston
TAZ1t11195213.2welrpt
P.O. Box 1908
1005 Cooper Ave.
Glenwood Springs,
CO 81602
• •
Ernie Fyrwald
Aspen Sports, Inc.
408 East Cooper Ave.
Aspen, CO 81611
z.K\
RE: Water Sample Test
Dear Ernie:
Z4NC4NELL4 /IND 4SSOCI4TES
ENGINEERING CONSULT/INFS.
January 25, 1996
(970) 945-5700
(970) 945-1253 Fax
Enclosed are the results for the water quality tests performed on the well at the
Colton Commercial Property on December 27, 1995. The high concentrations of Sulfate,
Alkali, Bicarbonate and CaCo3 (Hardness) are normal for this area and evidence that the
well may be obtaining some of its water from the Eagle Valley Evaporites the areas
gypsum formation. The high Dissolved Solids are a total reading of all salts actually
dissolved into the water. The 500 mg/I limit is a suggested limit and is not mandatory for
drinking water. Simple filtration will not remove Total Dissolved Solids TDS, advanced
treatment such as Reverse Osmosis RO will be necessary to lower the TDS level. We do
not believe TDS levels of 593 rng/I pose a health hazard. Hardness can cause mineral build
up in pipes and necessitate the use of large amounts of soap for cleaning.
The tests for Pesticides and Herbicides were below the states mandatory levels.
If you -have any questions please call our office at 970-945-5700.
Very -1-ruly Yours
Zancanella and Associates
Terri L. Lance
Geologist
cc:
TLL\95235
"sw 4;42 •.
Received from:
Customer No.
JOHN C. &8PDART&CO.
J
435 NORTH AVENUE
J
PHONE 242-7b18
~ GRAND JUNCT(ON, COLORADO 8(50j
ANALYTICAL REPORT
Zancanella & AssGc', T. Lance
Glenwood Springs, CO
/u»oo/mrNu 0592 Samplewater
Date Received 1/1/96 ouux�oom 1/22/96
Lab number 0592 Limits for Drinking Suggested
Sample ID Fryw�ld Well 41 by Colo. Dept. Health
Garfield County
Dec 27, 95 11:12
Arsenic(As) 0'000 mg/l
Barium(8a) 0.10 *8/1
cadmium(Cd) 0.0006 mg/1
Chromium(Lr) 0.000 mg/l
Fluoride(F) 0.39 mg/l
Le�d(P�) 0.002 ag/l
Hercury(Hg) 0.00000 mg/1
Nitrate(N) 0.40 moll
selenium(Se) 0'003 mo/1
Silver(Ag) 0'0000 mg/1
Color(Co/PL unit) 0
pH 7'10
Conductivity@25 deg' C 758 umhos/cm
Sodium(Na) 10 mo/1
Calcium(Ca) 1.32 mg/1
Magnesium(Mg) 32 mg/1
Potassium(K) 3.6 mg/l
Chloride(C1) 10 mg/1
Sulfate(SO4) 211 mo/1
Phenol' Alkalinity(Ca503) 0 mo/1
Total Alkalinity(CaCO3) 231 mo/1
Bicarbonate(HCO3) 280 mo/1
Carbonate(503) 0 mo/1
Dissolved Solids 593 mg/1
Hardness (CaCO3) 459 mg/1
Turbidity(NTU) 0'2
Boron(B) 0.10 mg/1
Copper(Cu) 0'000 mg/1
Iron(Fe) 0.24 mg/1
Manganese(Mn) 0'007 mg/1
Molybdenum(Mo) 0.007 mg/l
Ammonia(N) 0.15 mo/1
Phosphate(P) 0.02 mg/l
Zinc(Zn) 0.006 mg/l
Bottles were marked "Colton"
page 1 of 2, this sample
3-
0.05
mg/l
1.0 mg/]
0'01 mg/1
0'05 mo/1
4 mo/1
0'05 mg/1
0.002 mg/1
10'0 mg/1
0.01 mg/1
0'05 mo/1
no official limit
no official limit
no official limit
20 mg/1
no official limit
125 moll
no official limit
250 mo/1
250 mg/1
no official limit
no official limit
no official limit
no official limit
500 mg/1
200 mg/1
1
no official limit
1'0 mg/1
0'3 mg/1
0.05 mo/1
no official limit
no official limit
no official limit
5.0 mo/1
Lab Dir.: Brian S. 8auer
Received from:
Customer No.
J
11\
• •
JOHN C KEPHART & CO.
435 NORTH AVENUE
1 LAfl
f A T
PHONE 242-7bI8 GRAND JUNCTION, COLORADO 81501
ANALYTICAL REPORT
LdticC.trlel 1 I and AEEOCi G ES
T. Lance
PO Box 190G/1005 Cooper Ave.
Glenwood Springs, Co 81L02
Date Received 1/1/9
t-'= 9T.'' water
Laboratory No. Sample
Ft:il_idEs
E f I l.) r 1 n
Lindane
l`IE L L,x _h 1 or.
2,4-D
4-51F
Date Reported 1/22/9
059'2
Fr-yt•I:t1 d Well 41
Garfield County
Dec __!,, 1995 11:12
..:10.00001 m0/1
! (_1(J00 : IIIc %1
<0.0001 mg/1
mo/1
).000i..: mg/1
Dr 1rJ;:inci !Water Limits
0.000'2 it 1 : 1
0.004 mdil
Il -1
0.04 i L( .
0.005 mQ% 1
i=i. 1 mg/1
0.01 m c1 ! 1
MUTE: Bottlet•JErE maarJ:E?:i "Colton." Limits given aro from thE'
Colorado Dept. of Health Drinking Water Regulations, 1991. Means
"
].e .c, than" (none t•Jas detected).
par. e 2 o+ 2 jthi s sample Director: B. Bauer
J
101
.IOM\ C. KEPII.ART & CO.
J
LAO
A 1 [1
435 NORTH AVENUE • PHONE (970) 242-7618 • FAX 243-7235 • GRAND JUNCTION, COLORADO 81 501
NOTES on, sample. +;
(_1592 Fryr- 1d l'iei1 #1
Your Hater tests sh-1oc•1 levels t Ei;L:E'6 ind sir i nkino water limits for:
DisSolved lids: 1n this sample, primarily ri1AlkalinitySulfate and
Calcium, this that
E atotal reading o- all the salts actually dissolved into
the Hater, that 1.rpie filtration will not :_l1ter. the 500ITIg/1 limit
is suggested, not: mandatory, for public drinking water s.
Hardness: Can cause mineral buildup
and necessitata ti:c USE of large
-cleaning._
d1111J:_ll-li=�-� of _�.�.:t L� for Hot �, health hazard._
• •
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Pursuant to C.R.S. 1973, 37-45-131
Ernie Frywald (hereinafter collectively "Applicant") has applied to the Basalt Water
Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et
sect., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter
acquired by the District. 13y execution of this Contract, Applicant agrees to the following terms
and conditions:
1. OUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use .033 cubic foot of water per
second from the District's direct flow rights and 12.5 acre feet per year of storage water owned
or controlled by the District.
2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal,
Stockman's Diteh Extension, or other decrees or water rights hereafter acquired by the District,
including the District's contractual right to receive storage water from Ruedi Reservoir. The
District shall have the right to designate the water right or Decree of the District from which the
Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water Court on the
use of the District's said rights. Exchange releases made from the District's storage rights in
Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of water at such outlet works shall
constitute full performance of the District's delivery obligation. Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with
the United States Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto..
3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon lands owned, operated, or served by
Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location
and purpose of Applicant's use of said water shall be legally recognized and permitted by the
applicable governmental authority having jurisdiction over the property served. Applicant's
contemplated usage for the water allotted hereunder is for the following use or uses:
1.2 Acre feet per year for Domestic/Municipal
11.3 Acre feet per year for Industrial/Commercial
11:WK\I,WCthI kywn11nn11.1' COIN
aG
•
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right
to use certain waters. It is acknowledged that certain locations within the District may not be
susceptible to service solely by the District's water rights allotted hereunder or the District's said
water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot
be achieved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may, utilize such other water rights, by way of supplementing the
District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable
for Applicant's intended purpose or purposes. All lands, facilities and areas served by water
rights allotted hereunder shall be situated within the boundaries of the District. The District
reserves the exclusive right to review and approve any conditions which may be attached to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
agrees to defray any out-of-pocket expenses incurred by tl►e District in connection with the allot-
ment of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant's use of such allotted water rights; provided, however, in the event any such
adjudication involves more of the District's water rights than are allotted pursuant to this
Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any, necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available
in priority at the original point of diversion of the District's applicable water right and neither
the District, nor those entitled to utilize the District's decrees, may call on any greater amount
at new or alternate points of diversion. Tl►e District shall request the Colorado State Engineer
to estimate any conveyance losses between the original point and any alternate point and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings for the approval of such augmentation plan to allow the Applicant to utilize the
water allotted to Applicant hereunder, the Applicant shall give the District written notice of such
intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the
water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or
engineering expense of the District incurred by the District for the purpose of developing and
adjudicating a plan of augmentation for the District. In any event, the District shall have the
right to approve the Applicant's augmentation plan and the Applicant shall provide the District
copies of such plan and of all pleadings and other papers filed with the Water Court in the
adjudication thereof.
4. PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service.
Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a
notice from the District that the payment is due. Said notice will advise the Applicant, among
vv. op??? 0,0
• •
other things, of the water delivery year to which the payment shall apply and the price which
is applicable to that year. If a payment is not made by the due date, written notice thereof will
be sent by the District to the Applicant at Applicant's address set forth below. If payment is not
made within thirty (30) days after said written notice, the District may, at its option, elect to
terminate all of the Applicant's right, title, or interest under this Contract, in which event the
water right allotted hereunder may be transferred, leased or otherwise disposed of by the District
at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi -municipal entity, or governmental entity, and in the event the
Applicant fails to make payments as required hereunder, the District may, at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant the funds necessary to make the annual
payments in advance of water delivery pursuant to this Contract. The Applicant will hold
harmless the District and any person or entity involved in the delivery of water pursuant to this
Contract, for discontinuance in service due to the failure of Applicant to maintain the payments
herein required on a current basis.
6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficially used for the purposes and in the manner specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or
lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the
Applicant's rights hereunder only to a homeowners association, water district, water and
sanitation district or other special district properly organized and existing under and by virtue
of the laws of the State of Colorado and then only if such association or special district
establishes: to the satisfaction of the Basalt Water Conservancy District that it has the ability and
authority to assure its performance of the Applicant's obligations under this Contract. In no
event shall the owner of a portion, but less than all, of the Applicant's property to be served
under this Contract, have any rights hereunder, except as such rights may exist through a
homeowners association or special district as above provided. Any assignment of the
Applicant's rights under this Contract shall be subject to and must comply with such
requirements as the District may hereafter adopt regarding assignment of Contract rights and the
assumption of Contract obligations by assignees and successors, provided that such requirements
shall uniformly apply to all allottees receiving District service. The restrictions on assignment
as herein contained shall not preclude the District from holding the Applicant, or any successor
II.»Ik(IYWLVJkYW.LLL.AIWfC N
na34.-
• •
to the Applicant, responsible for the performance of all or any part of the Applicant's covenants
and agreements herein contained.
7. O'FIIER RULES: Applicant's rights under this Contract shall be subject to the
Water Service Plan as adopted by the District acct amended from time to time; provided that
such Water Service Plan shall apply unifornily throughout the District among water users
receiving the sante service from the District. Applicant shall also be bound by the provisions
of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board
of Directors of the District, the plumbing advisory, water conservation, and staged curtailment
regulations, if any, applicable within the County in which the water allotted hereunder is to be
used, together with all amendments of and supplements to any of the foregoing.
S. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out -of -house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set
forth in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District or by reason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
the Rules and Regulations of the Board of Directors of said District. Said agreement may
contain, but not be limited to, provision for water delivery at times or by means not provided
within the terms of standard allotment contracts of the District and additional annual monetary
consideration for extension of District services and for additional administration, operation and
maintenance costs, or for other costs to the District which may arise through services made
-available to the Applicant.
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder. Any
use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material
breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on September
25, 1979, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
Il.'bK\YWCthIk Y W i.l U..0 I.0 I. CYJN
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
shall be bound by any Conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
Applicant's Address:
c/o Aspen Sports, Inc.
408 East Cooper
Aspen, CO 81611
STATE OF COLORADO
COUNTY OF
) ss.
APPL1 ANT•
4inie Fryw'
Subscribed and sworn to before me this — day of
by Ernie Frywald.
11:11M111WCIAIHYWAI 11,1.11.11 LLC
WITNESS my hand and official seal.
My commission expires: I U , U
3�
cz_
LW
Notary Pu-thc
, 1996,
• •
ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
ERNIE FRYWALI)
CONTRACT NO. 265
Application having been made by or on behalf of Ernie Frywald and hearing on said
Application having been duly held, it is hereby ordered that said Application be granted and that
the attached Water Allotment Contract for .033 cubic feet of water per second from the
District's direct flow rights and 12.5 acre feet of water per year of storage water owned or
controlled by the District is hereby approved and executed by and on behalf of the Basalt Water
Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon
the terms, conditions and manner of payment as therein specified and subject to the following
specific conditions:
1. In the event of the division of the property served by this Contract into two (2)
or more parcels owned by different persons, the Applicant shall establish a Homeowners
Association or other entity acceptable to the District for Ole ongoing payment of charges due
under the approved Contract following subdivision of the property described in the Application
on file with the District and Ole Applicant shall give notice to purchasers of all or any part of
the subject property of the obligation of this Contract, and shall record such notice in the records
of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and
assigns shall comply with all rules and regulations now existing or hereafter adopted by the
District to enforce payment of charges due under the approved Contract by present and future
owners of all or any Part of the real property served under this Contract.
2. The Applicant shall provide the District proof that the proposed land use of the
land to be .benefitted by the water allotted hereunder has been approved by the applicable
governmental authorities having jurisdiction over such land use, including evidence satisfactory
to the District that each lot or parcel to be benefitted hereunder is legally subdivided.
3. By acceptance of this Contract, Applicant acknowledges that within two years of
the date hereof or such later date as the District may approve, the Applicant shall file with the
Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water
allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's
water allotment as provided in this Contract shall be included in a water rights plan of
augmentation to be filed by the District with the expenses thereof to be shared prorata by the
Contract holders included in such plan; provided that inclusion of the Applicant's water
allotment in the District's plan of augmentation shall be at the District's sole discretion. The
District may establish an augmentation plan fee to be paid by the holder of any Contract to be
included within a plan of augmentation to be filed by the District, which fee shall be payable in
advance of the inclusion of such Contract in a District plan of augmentation and may be based
on the District's good faith estimate of the anticipated expense of such plan of augmentation.
If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata
portion of the actual expenses incurred by the District in completing said plan of augmentation,
the District shall refund such excess to the Contract holder.
SIN%W WCU11kY Wnl.lAALLUf.uk0
3/
4. Any and all conditions imposed upon We release and diversion of water allotted
hereunder in any water rights plan of augmentation or other water rights decree of the Water
Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this
contract. Granting of this allotment contract does not constitute the District's representation that
the Applicant will receive a well permit or water rights decree for the land to be benefitted
hereby.
5. If Applicant intends to divert water through a well or wells, Applicant shall
provide the District a copy of Applicant's valid well permit 1'or each such well before the District
is obligated to deliver water for the benefit of Applicant hereunder.
6. The Applicant has acknowledged that the land to be benefitted by the attached
Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference.
Approved this 8th day of January, 1996.
Attest:
By: 7)( I.F :. L.( /l)_I._ -1
13arbara Mick - Secretary
II:IUK\UW C.1 -1(Y W AI U\ALIIU'.l1KU
BASALT WATER CONSERVANCY DISTRICT
• •
PROPERTY DESCRIPTION
A TRACT OF LAND SITUATED IN LOT 20 OF SECTION 1. TOWNSHIP 7 SOUTH,
RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LOT 1 IN SECTION 6
AND LOT 1 IN SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING
SOUTHERLY OF STATE HIGHWAY -NO. 82 AND NORTHEASTERLY OF THE DENVER
AND RIO GRANDE WESTERN RAILROAD (ASPEN BRANCH), DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID
HIGI-WAY WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 7 BEARS
N 39'03'.E 502.63 FEET; THENCZ S 01'51'30" W 199.92 FEET;
THENCE N 88'13' W 89.64 FEET; THENCE S 02'02' E 58.52 FEET;
THENCE WEST 463.67 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-
WAY LINE OF SAID RAILROAD; THENCE N 19'45' W 422.43 FEET ALONG
THE NORTHEASTERLY RIGHT -0F -WAY LINE OF SAID RAILROAD; THENCE
N 17'52' W 549.2 FEET ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE
OF SAID RAILROAD; THENCE N 61'50' E 301.81 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT -OF --WAY LINE OF SAID HIGHWAY; THENCE
S 36'45'15" E 1007.55 FEET ALONG THE SOUTHWESTERLY RIGHT-OF-WAY
OF SAID HIGHWAY TO THE POINT OF BEGINNING.
EXHIBIT "A"
33
• •
BASALT WATER CONSERVANCY DISTRICT
IMPORTANT
If you divert water from a groundwater source
(well) you must Orovide the District with a copy
of a valid well permit from the State Engineer's
office. Without evidence of a permit, the
District can not request release of water from
Ruedi Reservoir for your benefit.
When a valid permit is obtained, please provide
the District with a copy. Remember, if we do
not have evidence of a valid permit, your
structure will be considered "inactive" and
water can not be released for your benefit.
Send Perrnit Information to:
Resource Engineering, Inc.
909 Colorado Avenue
Glenwood Springs, Colorado 81601
Quer=tions:
Scott Fifer, Resource Engineering, Inc.
(3O3)945-6777