Loading...
HomeMy WebLinkAbout1.0 ApplicationWALTER E. BROWN 111 ATTORNEY AT LAW 1 120 GRAND AVENUE P.O. DRAWER 2010 GLENWOOD SPRINGS, COLORADO 81602 (303) 945-2361 FAX 945-8903 December 15, 1995 Mark Bean, Planner Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 RE: Petition for Exemption Dear Mr. Bean: I represent Tamera D. Duplice. Enclosed please find a Petition for Subdivision Exemption. Ms. Duplice would like to subdivide the property into two parcels, one being 3 acres and one being 6 acres, or possibly two more 3 acre parcels. A survey is being prepared and will be provided upon its receipt and in no event later than the date of hearing. We are asking for an exemption which relates in part to an earlier exemption application on September 10, 1979. In the minutes of the meeting held September 10, 1979, the subdivision of a 42 acre parcel was granted. Ms. Duplice's 10 acre parcel is from that 42 acre parcel. Two other parcels, containing 10 and 22 acres were also requested. A resolution was to be drawn. There is no record of the resolution. Ms. Duplice believes the additional split was not obtained and the remaining 32 acres remain as one parcel. I am researching this issue and will provide the results of my research within the next ten days. Pending the outcome of the research, a request for three parcels is made. However, if the previous exemption was in fact for three parcels, we will amend the application to request two parcels. A septic system will be used as a method for sewage disposal. All Garfield County zoning requirements willbe met. Each lot will have legal access. There is an existing well on the property. It is her intent to provide water to the adjacent parcel(s) through a well sharing agreement. All state and local environmental health and safety requirements will be met. Taxes have been paid. There are no special assessments and the School Impact fee shall be paid as required. The property owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants are being obtained and will be provided within the next ten days. Thank you for your attention to this matter. Please direct all correspondence and forward the required notice to my office at the address listed above. Kindest regard Walter E. Brown III WEB/ds J;I. t oRi? TI IF,ill(,AR I 01' C OUN'tV IC;OMIN011SSlt�)NtliS,, OF '. • 1" 1• t1AR1 IF.I.I/C'l1'UNI'Y,COL(_11 ;I)(It,A, , ' I'' •' � � , 1 � � it 'IT! I I I(.1N l'(;11�L 14�1r� �(li, 1,, 11 1,1 i 1 11 1, 11' ! . I,,I 1 1 Pursuant to C.it.S. (1191:l(J 3)1'Scel'ion `- 8-;i9i I(I1)11(h) If.)) 'as titnended, and the ''SFel ' ill:rd vision Regulations oI Oat Held k.'o�unly,Catloiado,'r�cic►11,te�t';�,jtr,�1' iI 19i34'Sectibn 2:20.+49,. t, 11 + 11' I the' undersigned Walter EI Brd, rrr i'iI,' At olrnev,'tf'ni-_ '' ri1.gpectrully'lietitioge I 11 t"'1 I � ,I 1111I,n Tamers n, Dup),iCe '' I' I I I 1 the tloard of Goodly Commissioners 01;(i irlield,dou'nty, Colota�dv, tO Oernpt by Resolution 1'. the division of 10 1 neve ttAct�'ol land into . • 1a, I I , bads of approxihtalely _ 4 and 6 tyre gin- 1ess, trona the!' deti�tit' 1"subdivisicin" arid, - --- _ _.. __ceach nt tiitis," 41., l; "Nlthdivided !anti" as the let nisascilsed1MIdefined :itt'C'.i+It .'(I'y1111,SecliOu 30-28-111,1 (10)(a), - (d) and 1Iia Cltu lieid (.'onnty SttIIiVi„,:imi t eg(11trttot ; ll,kr 11ielllicti7fikiits slated Itelowi Use as a sing'l,e. f'am).ly .liomegit'e'an'dl',,'Sell vit1ipil,r,6ttlalining, r i _ , r .i T ' It I i ',I 1 1 I,' 1 III', 1, ,',I I 1. parcel �1,, I til! I' 1 g ' 111” 11 ,i, ''i li 1''(1 I� 'i, , 1 II , - -- .- .- I .-- , 'i ' ', t 1, f ,I 1 I 1 C1 I' ',' I III ,l '1 I, 1' I' ,I 1 i StJ1#MI ITAI, lt'E(1U1141 MI?N 1,;i' I1 ; ' An application which satisfies the tev;ew, criteria lutist he sulintiltrAdlwith' all l"te�Ibllowing ' Information: I 1 ,1 1' I A. Sketch nrip at a minintnin scale of'1." 2UU' shOw,itig the legal description) of the ' In °petty,'clinlensicin ;ind,atea ofall,Iolgor'sepiirht.leit�lrresls to bec;reated, access to a public right-cellw;iy, 'and',iuty proposed'enseittvhit ,Ibr drainage, irrigation, , access or utilities; ' ' ' 11 1 , '1 I .I , I. Vicinity'tnap at a mi'niniunt scale of,i;"a=-12(JU11' Fbgrwiftlt the general, topog• raphic and geographic telatioit,of the,.I Q osiil'eh PtionI'5o the .snrrourrcling area within two for which acony lofU'.;S?U'.S, ipt.11'hangle,mapMay beused. , ('. Copy of !he deed showing ownership ,by(l'he,'rtt�plicant, l t ,al letter torn ,the property ownet(s) if olhet-••rhati the ap licattll' and 11 1). Names and addresses cif''owners ofilrecotd'of land i',iotneldiately'adjoI iiitig.arid within 20(1Ico o1 -the prottosed exemplid'tt, ,mineral ow'ttcirgalnd tessees01tn11116ral' owners of rec'cttd of IIle,propet;ty td,be,exe)iihted, ;a,#td to;lfl1tttg of any, strutture proposed for1COnversnln;,and ' :1'.,' , ', : 1'1'." 1,, 1''1 11 • ' 1 17,. Evidence of the soil types and chara•. erislics 'o earh;tyjie and , ,' 1-. Proof of legal 'and adcc),u;ile, sottt'ce' f' dO,q rslio v'al r' lot each .101 ,created, method of Isewhge disliositl, 8n,d leper dl''ajipt.'ovtil vf�l re j�rbleciion plan,ftom appropriale',lite district; had,:. ' ' i' .. , .1 �' 1,, (;. if connection to a co;tn(nitnity o(municlira *pier or, r;elwer systern is proposed, • n better li-om the governing'body stating Ial,wiII,ngtli .v1to serve; a.)id, ''1 1 1 11. Narrative tktil.tining twIiy exemption is' heitlg)i-ciin ted;l'a:ad I. , It shall he demolish ated' that ,,the Parcel extsteil'a941escij,oled oft January 1, ,19/33 ,, I' , hr' the parcel trs itexisi's i'eyleatl,ly ir# nate of not,ntur(I°,,Ihatt l itee pm eels created i from a Iarger,,parcol i it it eitistg(1 0ii,Jf nuary I, ll �i1 1' '11 A ¶ '300.00 Iee''01,us1 be4tibttiittetl livill141)0applic0011. 1. 1 1 I', ,t 1 1 1 1 „t•1) ,1 ! i J'l', i I ' , '�/1 10 1. tt.p',Xn,e ;;.'eotI !Oti orlet”' �Ila).t,er V. Brown IT,'', ',i� , !' "' 1 ];'2'(11 c arld ;vienu,e 1' ' ' 1 !1'' t 11. ..1., I I fifes I,' 1 ' ': ailing' ddpes .I ',10'nw9odI Striii0s,. ,CO (2it'y i,, , Stale I'','..(e.0.6),14,1,45;;;61, ',1 1 .1,e1 ,lltcv ? NEitril*t 1 '1,111 1;' .L.x.l .MPI ON API'LICABIL1'TY '1 he' Board of County Comnrissioners'has the discretionary'11ower'to exempt a'division of land from 'the definition of subdivision and thereby front the i�rotedu're in' these Regulations, provided the Board determines that such exetnptioil will tint impair m defeat, lhestated purpose of the Subdivision Regulations nor he detrimental to theigenertil,pitblic' welfare. the Board shall make exemption decisions in accordance with the reil'nirenttftt.s'of these regulations. Following a. review of the individual faCts,ofeach application in. light of the requirenients of these Regulations, the Board may approvel .conditionally appritve or' deny, an exemption. An application lir exemption must satisfy, at a ntiniminn,'all of the review criteria listed below. Compliance wil h the review criteria, however, does, not eus,iite exemption., The Hoard also may consider additional iu.ctors liked in Section 8:69 of the Suddivisirm' Regulations. , • i • 1' 1 A. No more than a total,of (bur (4) lots;, parcels,'interesl,'ordw,elling units, will be created from any parcel, as that f rcel was described in'(lie,�reeord , o11 •the ,Garfield County ('lerk tend'Rec'order's OILice Ort January 1, 1,973,,anal is not a pat. of a,recorded' ' subdivision; however, any parcel to be divided by exemption that is split by a public right-oi-way' (State or Federal highway, County roadior railroad) or natural feature, preventing joint use or the proposed tracts, rind itlle,diviskiir oeclrrs along the Public right -Of -way or nat. twat lea lme, nu h;pliu.els,,thereby,ciealed I,u y; at the discretion Of ',.,, 1, ri ;",, ,' 1 the Board,' not beconsidered',td, have tbeeh cri fitted, by exerrrptiir.�u wllli'�,tegard'lo,the !bur 11 (4) lot, pat cel,' Interest Or dwetling Oint 11inrl,atiot'r. Otlhat-,v�1Se applre'able; � ' ' �', , ,' � ,, B. .AII Garfield County zoning iequre inients will be met; and ' ��' C' All lots created will have legal access to a public right -or way and any necessary access easements have been obtained or,are in the process o1` being obtained; and 1 1 1 D. Provision has been made lits an adequate source o1 Water in. iterlgls 61 both the legal and physical quality, quantity and, dependability, and a suitable lype,of sewage disposal to serve each proposed lot; and 1'� , 1 , 11,, 1 F. All state and local environmental {health and 'safety rdr� Barre ren shave been met bt re in the process of being met; and F. Provision has been made i'or- any required 'road or, stprtn drainage imp*o'ven1ents; and ,I G. Fire protection has been approved by the appropriate Ei'te distr,k t; and Any necessary drainage, irrigation or utility easern'ents have teen obtained or are in tate process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact lee is $200.00 for each new lot'crehted). PROCEDURES A. A request for exemption shall be submitted to, the 1 oard''en forms provided by tate Gat field County Department of l.)eveloprnentJ1'httt,ning'1)i 'ion. Two (2) copies of the application maps and supplemental inforntation'sitall be'submitted. 1 1 11. I I I. it it The shall revit:ty theexenr• ptio'n regfiiesl�fo�i �i ,iirple�tcness'withineight,'' (R) clays of, submittal. 1f ineontplete,','llre npplicali'oti' Shall, he 'withdrawn Ironn • consideration and thea pplica'rit•iiotified of the ,additional, information needed.,' tithe', ' application is complete, the alililicatil shall be notified in,Writingof',he'linte and place of the I Board of County C'ornnrissioners 'meeting at 'which, ''lire', request shall be considered. in either case, not ification.shall occur within Idle' en (15)'daysofsubmittal. C. Notice of the public meeting shstll be Mailed by cerli'ed mail,i'relurn receipt requested, to owners of record of Kurd immediately adjoining andwithin'?_OO feet of the jaroposed exemption, to mineral owners laird' lessees 61, Mineral gWPie,Is• of ecoid of the land for eXem )tion and to le' nnls.Of'an str uC ut' ) o p 1$ed-lo r~olyversior . the ' , proposed 1 � ,�1, � y .. � , e l�, lr'I � �i� , 1 exemption site shall be Posted clearly atncl couspicu0risl�y! 'isjhlb'„frdht,a public right -o(= way with notice sigii5 provided, b'y tht I'lannin�g Diijisipn.,,'All notices ,hall be.nailed'nit ' least ,li (leen (15) and not nrorethan'llrir-1y(3))da,ysllprior!loi�'(heMeetin'g'. •The applicant shall be responsible for trailing the notices, and shall present'prooflof mailing 'at. the, • meeting. ' t' U At or within' fil;teen (15) days 4pf the meeting, the Board shall, approve, conditionally approve or deny the exemption Ilcgr,rest.' The,reasonfi (or denial or any conditions of approval shall be set flirt in The minutes of the nreeling or ih a written resolution. An applicant denied exemption shall Billow the subdivision jproced�trre in these regulations. • Filed for record the day of ,A.D. 19 , at Reception No. o'clock M. RECORDER. By DEPUTY. THIS DEED , Made this day of ante 01, 1994 between GEORGE F. FIELDS of the County of GARFIELD and State of Colorado oD.the first part, and FILING STAMP 1219 116 ROAD whose legal address is GLENIWOOD SPRINGS00 81601 of the County of and State of Colorado, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of (****$42,000.00 ) FORTY TWO THOUSAND DOLLARS AND 00/100THS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of =WIELD and State of Colorado, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND I4ADE A PART HEREOF: ALSO CONVEYED, WITHOUT WARRANTY, A 60 GPM WELL. also known as street number VACANT LAND TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part, either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1994 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. STATE OF COLORADO County of > ss. The foregoing instrument was acknowledged before me on this day of June 01, 1994 (SEAL) (SEAL) , by GECI GE F.• IMMIX My commission expi•res`L 23, 1996 Witness my hand and official seat. w 1 (SEAL) f Notary public Form WD WARRANTY DEED. For Photographic Record GW2604.2604 GW2604 EXHIBIT A A TRACT OF LAND SITUATED IN PART OF GOVERNMENT LOT II AND PART OF THE NW1/4 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 12; THENCE S. 62 DEGREES 47' 05" W. 2612.70 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 70, THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES: N. 77 DEGREES 03' 30" E. 64.38 FEET; THENCE S. 83 DEGREES 38' 59" E. 106.00 FEET; THENCE N. 77 DEGREES 03' 30" E. 912.20 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE S. 00 DEGREES 31' 02" W. 720.63 FEET; THENCE N. 57 DEGREES 24' 21" W. 316.38 FEET; THENCE N. 80 DEGREES 53' 53" W. 850.06 FEET; THENCE N. 14 DEGREES 50' 20" E. 215.92 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =__ APR 27 '94 02:43 PM BIGHORN CONSTRUCTION GARFIELD COUNTY BUILDING AND PLANNING April 13, 1994 George Fields 3220 Howard Court Clifton, CO 81520 Dear Mr. Fields: Page 1 Based on the Garfield County Board ofCounty Commissioners minutesof September 10, 1979, it appears that the Board approved an exemption from the definition of subdivision to create three tracts of l0, 10 and 22 acres from a 42 acre parcel owned by John Peterson. For some reason, no resolution was ever put into the Planning Department files or the Board's files to verily the action. Regardless, it is apparent that the 10 acre tract you purchased from Mr. Peterson is one of the 10 acre traces approval by the Board in 1979. Based on the above statements, this office can issue building permits for structures allowed in the Agricultural/Residential/Rural Density zone district. lfyou have any additional questions, you may call or write to this office. Sincerely, Mark L. Bean, Director Building and Planning MLB/:;a Post. t'" brand tax ttansmItta! memo 7671 109 8TH STREET, SUITE 303 • 945.82121825-55711285-7972 • GLENWOOD SPRINGS, COLORADO 8160 APR 27 '94 02:44 PM BIGHORN CONSTRUCTION COLORADO DEPARTMENT OF HIGHWAYS STATE HIGHWAY ACCESS PERM 'HE PERMITTEE; George F. and Marjorie M. Fields 2213 Bennett Avenue Glenwood Springs, CO 81601 SH No/MP/Side: Local Jurisdiction: Garfield Count y Dist/Section/Patrol 30210 DOH Permit No.: 390042 Permit Fee: $25.00 Date of Transmittal. 5-18-90 Page 2 170F/99.20/R is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and Its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-ot-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEviCES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. .00ATION: On the south side of State Highway 1-70 Frontage, a distance of 1056 feet east from Mile Post 99. 4CCESS TO PROVIDE SERVICE TO: Single family residence. OTH'^t TERMS AND CONDITIONS: See Attached Sheet, MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By(X) Not Required Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments Contained ierein. Ali' .onstruction shall be completed In an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Jim Yoast with the Colorado Department of Highways In at 625-2286 at least 48 hours prior to commencing construction within the State Highwey'right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have fu 7thority to acct the per t and all it's terms and conditions. Permittee (X) Date 'This permit is not valid until signed by a duly authori ad represontative of the State Department of Highways. STATE OF COLORAt►O, D VISION OF ROBERT LEVHIEF EN iEE By mmumomildft )P' DISTRIBUTION: S Date 5-23-90 Title Administrator, (Date of Issue) Access Commit tee Required. p.atriet (Ori➢ip t) 2 Applicant 3 Start ROA Make oop,c•3 aa necessary kr. local A.ir my tnapCCtor M'lC:E Patrol Traffic Engines. Prevlouw tddfonb awe Obsolete end wilt not bu use OUh Fun.. 1t fir! I UJ I I 92 I� ..9444 ° °cc 1 \_r 11 • vv 01) 0095 •\ 1 0 0 •5600 CC U ri LTICO WELL -SHARING AGREEMENT THIS AGREEMENT is made and entered this day of , 199 , by and between Tamera D. Duplice (hereinafter "Developer"), and (hereinafter "Buyer"); W ITNESSET H: WHEREAS, Developer is the owner of certain property located in Garfield County, Colorado, described as a tract of land situate in Section 12, Township 6 South, Range 92 West of the 6th P.M., more particularly described on Exhibit A attached hereto, and Developer has received approval from Garfield County to create therefrom Parcel Nos. 1 and 2 as depicted on Exhibit A attached hereto; and WHEREAS, a water well (hereinafter "Well") has been constructed on Parcel No. , pursuant to Colorado Division of Water Resources Approval No. , which will provide up to gallons per minute of water to Parcel Nos. 1 and 2 for ordinary household purposes, fire protection, the watering of poultry, domestic animals and livestock, and for the irrigation of not over one acre of homes, gardens and lawns; and WHEREAS, Buyer has entered into a contract with Developer to purchase Parcel No. , subject to this Agreement; WHEREAS, the parties by this Agreement desire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Ownership of Water Right. Pursuant to a Quit Claim Deed from Developer to Buyer of even date herewith, Buyer owns an undivided one-half interest in and to the right to withdraw water from the Well. 2. Ownership of Appurtenant Facilities. The owners of Parcel Nos. 1 and 2 shall each own an undivided one-half interest in and to the Well, pump, meter, and associated facilities for the withdrawal of water located at the Well. The owners of Parcel Nos. 1 and 2 shall each own an undivided one-half interest in the pipeline which delivers water from the Well to the point at which the individual pipelines which deliver water to the residence on Parcel No. 2 and the residence on Parcel No. 1 diverge. The owner 1 of Parcel No. 2 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be constructed on Parcel No. 2. The owner of Parcel No. 1 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be located on Parcel No. 1. 3. Easement. Developer shall convey to Buyer a nonexclusive easement in the general vicinity of that shown on Exhibit A attached hereto for the installation, operation and maintenance of a water pipeline for the benefit of the owners of Parcel Nos. 1 and 2. Should any party desire a more specific legal description of the alignment of the pipeline and easement, such party may, at its sole cost and expense, survey the pipeline alignment, and the parties hereto agree to execute any necessary quit claim deeds in order to accomplish such purpose. 4. Operation, Maintenance and Repair Costs. Operation, maintenance and repair costs associated with the Well, the pump, meter and associated facilities for the withdrawal of water from the well shall be shared equally among the owners of Parcel Nos. 1 and 2. The owners of Parcel Nos. 1 and 2 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines. The owners of Parcel Nos. 1 and 2 shall share equally in the cost of maintenance, repair and replacement of that section of the pipeline which they jointly own. The parties agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the parties are unable to agree upon any required maintenance, repair, replacement, or improvement, either party shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event a party determines to undertake such work, he shall notify the other party in writing. The party undertaking the work shall upon completion provide the other party with a written statement of the work performed and the other party's proportionate share of the costs. 5. Operational Costs. Each party shall install at its own expense a meter on its individual service line to measure water use. The monthly cost of power to operate the Well shall be divided among the owners of Parcel Nos. 1 and 2 in proportion to the amount of water each owner used during the preceding month. 6. Payment of Common Expenses. The owner of Parcel No. 1 shall be responsible for collecting each parties' share of common expenses. Each party shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a party fails to pay its share 2 within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the party which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Use of Water. Each party shall be entitled to use its undivided one-half interest in the water right for any use authorized by the well permit. Irrigation use shall be limited to no more than 14,520 square feet of lawn and garden on with each Parcel. 8. Waste. No party shall waste water, and each party shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. Unless otherwise agreed to among the owners of Parcel Nos. 1 and 2, no party shall use more than one-half of the water physically available at the Well. 9. Fees. Each party shall also bear its own attorneys fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 10. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which the Well is used. 11. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 12. Amendment. This Agreement may be amended from time to time by the owners of Parcel Nos. 1 and 2 in written form and executed in the same manner as this Agreement. 3 IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first written above. STATE OF COLORADO ss. COUNTY OF DEVELOPER Tamera D. Duplice BUYER Acknowledged, subscribed, and sworn to before me this day of , 199 , by WITNESS my hand and official seal. My Commission expires: . STATE OF COLORADO ss. COUNTY OF Notary Public Acknowledged, subscribed, and sworn to before me this day of , 199 , by WITNESS my hand and official seal. My Commission expires: . Notary Public 4 RIFLE AREA, COLORADO ment. Reducing brush improves the range if the grass understory is adequate. Cottontail rabbit and pheasant find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities, for community development, and as a source of construction material is limited by the high shrink -swell potential, slow permeabil- ity, clayey textures, and salinity. This soil is in capability subclass VIIs, irrigated and nonirrigated. 4—Arvada loam, 6 to 20 percent slopes. This deep, well drained, sloping soil is on fans and high terraces. Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sandstone and shale. The average annual precipitation is about 12 inches, average annual air temperature is about 48 de- grees F, and the average frost -free period is about 120 days. Typically, the surface layer is moderately alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is Tight brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, and Heldt soils. Permeability is very slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Sur- face runoff is moderately rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly sagebrush, greasewood, and wheatgrass. When range condition deteriorates, grasses decrease and weedy forbs, cheatgrass, big sagebrush, and greasewood increase. Properly managing grazing main- tains and improves range condition. Seeding improves range in poor condition. Western wheatgrass and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish- ment. Brush should not be reduced because grass pro- duction is low and some desirable native shrubs could be destroyed. Cottontail and pheasants find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities and as a source of construction material is limited by the large amounts of clay and salts. This soil is corrosive to steel and con- crete. Community development is limited by high shrink - swell potential, salinity, and steep slopes. This soil is in capability subclass VIIs, nonirrigated. 5—Ascalon fine sandy loam, 1 to 6 percent slopes. This deep, well drained, nearly level to gently sloping soil 11 is on mesas, alluvial fans, and terraces. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 30 inches thick. The sub- stratum is very pale brown sandy clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Potts soils that have slopes of 1 to 6 percent. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is slow, and the erosion hazard is moderate. This soil is used mainly for irrigated crops, hay, and pasture. Some areas are used for grazing and wildlife habitat. This soil is irrigated mainly by corrugations. Sprinklers are also suitable. This soil erodes easily. Such practices as minimum tillage, grassed waterways, and tail water control reduce the danger of excessive erosion. Drop structures in irrigation ditches control water and prevent excessive ditch erosion. The native vegetation on this soil is mainly need- Ieandthread, wheatgrasses, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush also improves the range. Seeding improves range in poor condition. Pubescent wheat - grass, western wheatgrass, and big bluegrass are suit- able for seeding. Preparing a seedbed and drilling the seed are good practices. This soil has potential as habitat for pheasant, cotton- tail rabbit, mourning dove, and squirrel. These animals mostly obtain food and shelter in areas of crops and hay. This soil has few limitations for community develop- ment. Low strength and frost action affect structures and roads. Community sewage systems will be needed if the population density increases. This soil is in capability subclasses Ille, irrigated, and IVe, nonirrigated. 6—Ascalon fine sandy loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, terraces, sides of valleys, and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish 34 SOIL SURVEY Mule deer, wild turkey, chukar, gray squirrel, cottontail rabbit, and some pheasant find habitat on these soils. The steep slopes limit community development. Struc- tures are needed to divert runoff to minimize gullying and erosion. This complex is in capability subclass VIe, nonirrigated. 59—Potts-Ildefonso complex, 25 to 45 percent slopes. These hilly to very steep soils are on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The Ildefonso soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. The Potts soil makes up about 60 percent of the map unit, and the Ildefonso soil makes up about 30 percent. The Potts soil is in slightly concave positions, and the Ildefonso soil is in the steeper, breaklike areas. The Potts soil is deep and well drained. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Permeability of the Potts soil is moderate, and availa- ble water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is severe. The Ildefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly cal- careous very stony loam to a depth of 60 inches. Permeability of the Ildefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is about 60 inches. Surface runoff is medium to rapid, and the erosion hazard is severe. Included with this soil in mapping are small areas of Morval and Lazear soils. The Morval soils are at the higher elevations. The Lazear soils are shallow and are on ridge crests and steep mountainsides. These areas make up 10 to 18 percent of the map unit. These soils are used mainly for limited grazing and wildlife habitat. The native vegetation on the Potts soil is mainly wheatgrass, needleandthread, and sagebrush. The native vegetation on the Ildefonso soil is mainly pinyon and Utah juniper and an understory of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and sa- gebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing grazing on the Potts soil maintains and improves the range condition. Properly managing the vegetation on the Ildefonso soil maintains wood produc- tion and ground cover. The value for grazing is low because of steep slopes and the tree canopy. Firewood, posts, and Christmas trees can be harvested from the more gently sloping areas. The Ildefonso soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capacity affects survival of tree seedlings. Steep slopes and the severe erosion affect harvesting. Mule deer, wild turkey, chukar, gray squirrel, cottontail rabbit, and some pheasant find habitat on these soils. Community development is limited by very steep slopes. This complex is in capability subclass Vile, nonirrigat- ed. 60—Rhone loam, 5 to 30 percent slopes. This deep, well drained, gently sloping to steep soil is on mountain- sides and ridges. Elevation ranges from 7,600 to 8,600 feet. This soil formed in residuum from sandstone and marlstone. The average annual precipitation is about 20 inches, the average annual air temperature is about 40 degrees F, and the average frost -free period is less than 75 days. Typically, the upper part of the surface layer is brown loam about 8 inches thick, and the lower part is brown sandy clay loam about 20 inches thick. The underlying material is brown extremely channery sandy clay loam about 24 inches thick. Sandstone is at a depth of 52 inches. Included with this soil in mapping are small areas of Parachute and Northwater soils. The moderately deep Parachute soils are on smooth ridge crests and west - and south -facing side slopes. The Northwater soils are on north -facing side slopes. These areas make up about 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 40 to 60 inches. Surface runoff is slow, and the erosion hazard is slight. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation is mainly brome, needlegrass, and sagebrush. There are small areas of dwarfed aspen, but they are of little or no commercial value. When range condition deteriorates, forbs, shrubs, and Kentucky bluegrass increase. Properly managing grazing maintains and improves range condition. Seeding and removing brush improve range on less sloping areas if it is in poor condition. Intermediate wheatgrass, slender wheatgrass, and mountain or smooth brome are suitable for seeding. Preparing the seedbed and drilling the seed are good practices. Elk, mule deer, coyote, grouse, and rabbit find habitat on this soil. Use of this soil for community development or as a source of construction material is limited by steep slopes. 36 more. Organic matter content is high. Surface runoff is slow, and the erosion hazard is slight. This soil is occa- sionally flooded for brief periods between April and Sep- tember. This soil is used mainly for grazing, wildlife habitat, and limited irrigated hay. Good management of water and fertilizer maintains or improves the production of native hay. The native vegetation on this soil is mainly wildrye, wheatgrass, needlegrass, and small amounts of forbs and shrubs. When range condition deteriorates, dandelion, yarrow, rabbitbrush, big sagebrush, and Kentucky bluegrass in- crease. Properly managing grazing maintains and im- proves range condition. Basin wildrye, slender wheat - grass, and western wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Fencing protects this more productive soil. This soil is lower than surrounding soils and usually con- tains the water supply for livestock. Reducing brush im- proves the range. Mule deer, snowshoe hare, elk, coyote, and blue grouse find habitat on this soil. Community development is limited by flooding. This soil is a good source of topsoil. This soil is in capability subclass Vle, nonirrigated. 64—Tanna silty clay loam, 25 to 45 percent slopes. This moderately deep, well drained soil is on mountain- sides. Elevation ranges from 6,500 to 7,600 feet. This soil formed in material weathered from shale. The aver- age annual precipitation is about 17 inches, the average annual air temperature is about 43 degrees F, and the average frost -free period is about 100 days. Typically, the surface layer is grayish brown silty clay loam about 9 inches thick. The subsoil is Tight brownish gray clay and Tight gray silty clay about 15 inches thick. The substratum is Tight gray channery clay loam about 6 inches thick. Weathered shale is at a depth of 30 inches. Included with this soil in mapping are small areas of Dollard clay and shale outcrop on steep and very steep mountainsides. These areas make up 10 to 15 percent of the map unit. Permeability is slow, and available water capacity is low. Effective rooting depth is 20 to 40 inches. Surface runoff is rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, snowberry, and elk sedge. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky bluegrass, weeds, and annual plants are numerous. Properly managing grazing maintains and improves range condition. Mule deer, wild turkey, and cottontail rabbit find habitat on this soil. SOIL SURVEY Use of this soil for community development, for sani- tary facilities, and as a source of construction material is limited by steep slopes, high clay content, low strength, depth to bedrock and shrink -swell potential. Road con- struction and building foundations can be designed to reduce the effects of shrinking and swelling. A good drainage system reduces soil slumping. This soil is in capability subclass Vile, nonirrigated. 65—Torrifluvents, nearly level. This broadly defined unit consists of deep, well drained to somewhat poorly drained, nearly level soils on flood plains adjacent to the Colorado and Roaring Fork Rivers and their major tribu- taries. Slope is 0 to 6 percent. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam strati- fied with sand, gravel, and cobbles. In some areas gravel and cobbles are on or near the surface. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff from snowmelt. These soils are subject to brief, occasional flooding late in spring and early in summer. Included in mapping are small isolated areas of Wann soils that have slopes of 1 to 3 percent. Small areas of soils that are moderately to severely affected by alkali are identified by an alkali spot symbol. Small, isolated areas where water stands at or near the surface all year are identified by wet spot and marsh spot symbols. These areas make up 15 percent of the map unit. These soils are used for wildlife habitat, recreation, and some grazing. The native vegetation is mainly cottonwood, willow, tamarisk and water -tolerant grasses, sedges, and rushes. In many areas these soils are suited to production of Fremont cottonwood. The soils are capable of producing 230 board feet of timber per acre from a fully stocked, even -aged stand of 40 -year-old trees. Where these soils are accessible, they provide shelter and forage for livestock. Mule deer, cottontail rabbit, coyote, bobcat, ducks, geese, and other native birds find food and shelter on these soils. Where feasible, planting food plots, trees and shrubs, and nesting cover enhances the habitat for upland wildlife. Where the water table is high, open water for waterfowl and fish can be developed by blast- ing or by excavating. These soils have potential for recreation. Wildlife is abundant, and the nearby rivers can be used for rafting and canoeing. Community development is very limited by flooding, the seasonal high water table, and variable texture. Onsite investigation is necessary. These soils are in capability subclass VIIw, nonirrigat- ed. 40 Mourning dove, ground squirrel, cottontail rabbit, and some pheasant find habitat on this soil. Community development is limited by a high water table, seasonal flooding, seepage, and frost heaving. Drainage increases potential for various uses. This soil is in capability subclasses IVw, irrigated, and Vlw, nonirrigated. Use and management of the soils The soil survey is a detailed inventory and evaluation of the most basic resource of the survey area—the soil. It is useful in adjusting land use, including urbanization, to the limitations and potentials of natural resources and the environment. Also, it can help avoid soil -related fail- ures in uses of the land. While a soil survey is in progress, soil scientists, con- servationists, engineers, and others keep extensive notes about the nature of the soils and about unique aspects of behavior of the soils. These notes include data on erosion, drought damage to specific crops, yield estimates, flooding, the functioning of septic tank dispos- al systems, and other factors affecting the productivity, potential, and limitations of the soils under various uses and management. In this way, field experience and measured data on soil properties and performance are used as a basis for predicting soil behavior. Information in this section is useful in planning use and management of soils for crops and pasture, rangeland, and woodland, as sites for buildings, highways and other transportation systems, sanitary facilities, and parks and other recreation facilities, and for wildlife habitat. From the data presented, the potential of each soil for speci- fied land uses can be determined, soil limitations to these land uses can be identified, and costly failures in houses and other structures, caused by unfavorable soil properties, can be avoided. A site where soil properties are favorable can be selected, or practices that will over- come the soil limitations can be planned. Planners and others using the soil survey can evaluate the impact of specific land uses on the overall productiv- ity of the survey area or other broad planning area and on the environment. Productivity and the environment are closely related to the nature of the soil. Plans should maintain or create a land -use pattern in harmony with the natural soil. Contractors can find information that is useful in locat- ing sources of sand and gravel, roadfill, and topsoil. Other information indicates the presence of bedrock, wetness, or very firm soil horizons that cause difficulty in excavation. Health officials, highway officials, engineers, and many other specialists also can find useful information in this soil survey. The safe disposal of wastes, for example, is closely related to properties of the soil. Pavements, SOIL SURVEY sidewalks, campsites, playgrounds, lawns, and trees and shrubs are influenced by the nature of the soil. Crops and pasture The major management concerns in the use of the soils for crops and pasture are described in this section. In addition, the crops or pasture plants best suited to the soil, including some not commonly grown in the survey area, are discussed; the system of land capability classi- fication used by the Soil Conservation Service is ex- plained; and the estimated yields of the main crops and hay and pasture plants are presented for each soil. This section provides information about the overall ag- ricultural potential of the survey area and about the man- agement practices that are needed. The information is useful to equipment dealers, land improvement contrac- tors, fertilizer companies, processing companies, plan- ners, conservationists, and others. For each kind of soil, information about management is presented in the sec- tion "Soil maps for detailed planning." Planners of man- agement systems for individual fields or farms should also consider the detailed information given in the de- scription of each soil. About 10 percent, or approximately 62,000 acres, of the Rifle Area is used for crops. Of this, about 58,000 acres is in irrigated crops and pasture; the remaining 4,000 acres is in nonirrigated crops. Approximately 80 percent, or 32,000 acres, of the irrigated crops is alfalfa and legume -grass mixtures for hay. Eighteen thousand acres is irrigated pasture. Most of the remaining 8,000 acres of irrigated land is used for oats, barley, and ensi- lage corn. Very small acreages of orchards, wheat, and potatoes are irrigated. The 4,000 acres of nonirrigated crops is mainly wheat and small areas of barley, oats, and grasses for seed. The soils used for crops and pasture are along and adjacent to the Colorado River and its major tributaries. Most of these soils are on terraces, mesas, alluvial fans, and foothills. This is an area of diverse topography and soils. Annual precipitation ranges from about 10 inches in the western part of the Area to approximately 18 inches in the eastern part. The main concerns in managing the soils for crops and pasture are maintaining or improving production and controlling water erosion. On irrigated land, efficient use of water and uniform distribution of water protect the soil from erosion and help to maintain productivity. Slope of the irrigation run, length of run, amount of water applied, and length of time of application, and frequency of irriga- tion are all considerations. Land leveling permits more uniform distribution of water and reduces runoff and ero- sion. Furrow and sprinkler irrigation are suitable for most irrigated soils in the Rifle Area. Corrugations and con- trolled flooding are used on the steeper soils in pasture and hay. RIFLE AREA, COLORADO 39 and big bluegrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, mourning dove, wild turkey, and mule deer find habitat on this soil. Community development and recreation are limited by steep slopes, low strength, and clayey texture. This soil is in capability subclass VIe, nonirrigated. 71—Villa Grove-Zoltay loams, 15 to 30 percent slopes. These moderately steep to hilly soils are on mountainsides and alluvial fans. Elevation ranges from 7,500 to 7,600 feet. The Villa Grove soil formed in mixed alluvium, and the Zoltay soil formed in basaltic alluvium. The average annual precipitation is about 16 inches, the average annual air temperature is about 43 degrees F, and the average frost -free period is about 100 days. The Villa Grove soil makes up about 50 percent of the map unit, and the Zoltay soil makes up about 40 per- cent. The Villa Grove soil is in the steeper areas, and the Zoltay soil is in the less sloping areas. The Villa Grove soil is deep and well drained. Typical- ly, the surface layer is dark grayish brown loam about 4 inches thick. The upper part of the subsoil is brown clay loam about 11 inches thick, and the lower part is brown loam about 33 inches thick. The substratum is pale brown loam to a depth of 60 inches. Permeability of the Villa Grove soil is moderately slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. The Zoltay soil is deep and well drained. Typically, the surface layer is dark grayish brown loam about 19 inches thick. The subsoil is brown cobbly clay or cobbly clay loam about 35 inches thick. The substratum is pinkish gray cobbly clay to a depth of 60 inches. Permeability of the Zoltay soil is slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is moderate. Included with these soils in mapping are small areas of Vale, Potts, and Morval soils. The Vale and Potts soils are on small, isolated remnants of mesas. The Morval soils are on small undulations that have slopes of 3 to 12 percent. These areas make up 10 percent of the map unit. These soils are used mainly for grazing, wildlife habi- tat, and some irrigated pasture. The native vegetation on these soils is mainly Gambel oak, serviceberry, snowberry, and elk sedge. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are nu- merous. Properly managing grazing maintains and im- proves range condition. Controlling brush and seeding improve forage production in the less sloping areas. Pu- bescent wheatgrass, western wheatgrass, and big blue- grass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Many deer and some cottontail rabbit, squirrel, and grouse find habitat on this soil. Community development and recreation are limited by moderately steep slopes, shrink -swell potential, and low strength. This complex is in capability subclass' VIe, nonirrigated. 72—Wann sandy loam, 1 to 3 percent slopes. This deep, somewhat poorly drained, nearly level to gently sloping, low-lying soil is on terraces and bottom land in valleys. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived primarily from sandstone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the upper part of the surface layer is dark grayish brown sandy loam about 8 inches thick, and the lower part is dark grayish brown fine sandy loam about 4 inches thick. The upper part of the underlying material is mottled, Tight brownish gray fine sandy loam and sandy loam about 24 inches thick, and the lower part is mottled light brownish gray coarse sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Kim and Arvada soils and Torrifluvents. These soils have slopes of 1 to 3 percent. These areas make up 5 to 18 percent of the map unit. Permeability is moderately rapid, and available water capacity is high. Effective rooting depth varies with the level of the water table but is usually about 2 feet. Surface runoff is slow, and the erosion hazard is moder- ate. Depth to the water table ranges from 2 to 3 feet. The level of the water table varies with the amount of irrigation water applied to this soil and surrounding soils. Water ponds in spring. This soil is occasionally flooded for brief periods between April and July. This soil is used mainly for grazing, grass or legume hay, and pasture. Tile drains and improved water management increase the potential for crops. This soil is usually irrigated by furrows or flooding. Sprinklers are also well suited. The native vegetation on this soil is mainly alkali saca- ton, saltgrass, wheatgrass, sedges, and rabbitbrush. When range condition deteriorates, shrubs and salt - grass increase. When the range is in poor condition, undesirable weeds and annual plants are abundant. Properly managing grazing maintains and improves range condition. Alkali sacaton and western wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Controlling brush improves range that is producing more woody shrubs than is nor- mally found in the potential plant community, but care should be taken to leave stands of fourwing saltbush. 20 This soil is suited to production of Engelmann spruce and Douglas -fir. This soil can produce 3,850 cubic feet of wood per acre every 10 years from a fully stocked, even -aged stand of 100 -year-old trees. Steep slopes affect timber harvest, and special care is needed to prevent erosion. Elk, deer, black bear, and grouse find habitat on this soil. Slope and large stones limit community development. Special design overcomes these limitations. This soil is in capability subclass Vile, nonirrigated. 26—Farlow-Rock outcrop association, steep. This broadly defined map unit consists of moderately steep to steep Farlow soils and Rock outcrop on mountainsides. Elevation ranges from 8,000 to 10,500 feet. The Farlow soil formed in residuum from limestone. The average annual precipitation is about 19 inches, the average annual air temperature is about 38 degrees F, and the frost -free period is less than 75 days. The Farlow soil makes up about 65 percent of the association, and Rock outcrop makes up about 25 per- cent. The Farlow soil is deep and well drained. Typically, the surface layer is dark grayish brown channery loam about 10 inches thick. The substratum is light gray and pale brown very channery loam and extremely flaggy loam about 32 inches thick. Weathered limestone is at a depth of 42 inches. Permeability of the Farlow soil is moderate, and availa- ble water capacity is low. Effective rooting depth is about 40 to 60 inches. Surface runoff is rapid, and the erosion hazard is moderate. The Rock outcrop is limestone. Included in mapping are small areas of Dateman soils, generally in depressions. These areas make up 5 to 15 percent of the map unit. This association is used mainly for limited grazing and wildlife habitat. The native vegetation is mainly needlegrasses, wheat - grasses, and serviceberry. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Elk, deer, black bear, and grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by slope and depth to rock. Special design is needed to overcome these limitations. Thi:. association is in capability subclass Vile, nonirri- gated. 27—Halaquepts, nearly level. This broadly defined unit consists of deep, somewhat poorly drained to poorly drained, nearly level and gently sloping, salt -affected SOIL SURVEY soils in narrow foothill valleys, on fans, and on low ter- races. Slopes are 0 to 6 percent. These soils formed in alluvium. The soils are extremely variable. The upper 24 inches ranges from loam to clay, and the underlying layers are generally gravelly. The soils are commonly gleyed from the surface down. Stratified sand, gravel, and cobbles are at a depth of 24 to 40 inches. In some areas, gravel and cobbles are at or near the surface. Included with these soils in mapping are small, isolat- ed areas of Arvada, Limon, and Heldt soils that have slopes of 1 to 6 percent. Small areas of severely alkali - affected soils are identified by an alkali spot symbol. These areas make up 10 to 15 percent of the map unit. The water table is at or near the surface at times, mainly during spring and summer. The level of the water table is strongly influenced by the seasonal water level in nearby streams and rivers and higher lying irrigation ditches. Water seeps from the ditches into these soils. These soils are subject to rare or occasional flooding. This unit is used mainly for grazing. Some hay is grown in areas drained by ditches. Yields are low because of saline condition. Alkali -tolerant grasses and legumes must be grown for productive hay and pasture. The native vegetation consists of willows, tamarisk, cottonwoods, and alkali- and water -tolerant grasses. Game birds, rabbits, deer, and other wildlife find habi- tat on these soils. Ducks and geese nest in the more swampy areas. Mourning doves nest in the cottonwoods and tamarisk. Rabbits and deer find adequate food and cover on these soils. Where the soil has been drained and is suitable for hay and pasture, planting food plots, trees and shrubs, and nesting cover enhances habitat for upland wildlife. Where the water table is high, open water for waterfowl can be developed by blasting or excavating. Community development is limited by flooding and depth to water table. Onsite investigation is necessary for appropriate design and construction to overcome these limitations. These soils are in capability subclass Vlw, nonirrigat- ed. 28—Heldt clay loam, 1 to 3 percent slopes. This deep, well drained, nearly level soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,000 feet. This soil formed in fine textured alluvium derived from shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is grayish brown clay loam about 8 inches thick. The subsoil is light brownish gray clay loam about 13 inches thick. The substratum is light gray clay to a depth of 60 inches. WRJ-5•Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes of erasures unless initialed. 818 t,entennial Bldg., 1313 Sherman St., Denver, Colorado PERMIT APPLICATION FORM (x.,) A PERMIT TO USE GROUND WATER ( ) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP £TATER RESOURC . L l l\GlflEE)F\ LC Li 4 L Lj JUN 0 6 1979 MITER RESGURCEE >`Hi�T1: f49GItIS ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO (1) APPLICANT - mailing address NAME ctG_Ptrf'r5� `tl STREET, AT I' 7n/, ,5lCY O CITY/ku'e STLl' l..0S0 AJ{-: (Stale) TELEPHONE NO ,Y l - 4 P.5 (i)i/y7 (Zip) (2) LOCATION OF PROPOSED WELL County (Ati 5i'C'r! lL /A; ./ % of the A/ IV ' Section % 2 , Rng L) �1 �� t,. P.M. LN.S)F� IE.W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre•fcct): Number of acres to he irrigated: /5 6FM. Proposed total depth (feet): O Aquifer ground water is to be obtained from: Owner's well designation ci cl- M.P GROUND WATER ER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) (X) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (1 1) (4) DRILLER Name (?. C?_ C. l7 1 0 a f4 Street City (State) (Zip) Telephone No. Lic. No. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. ! 0 S Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the 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. APPROVED PURSUANT TO CRS 1973, 37-92-602 FOR THE WATERING OF LIVESTOCK ON A FARM OR RANCH. APPLICATION APPROVED PERMIT NUMBER 108197 DATE ISSUED J U L 021979 EXPIRATION DATE.:•, J U L 0 2.198 , .._ V )SED WELL and the area on • (6) T' ':LL MUST BE LOCATED BELOW which the water will be used mt. J. Indicated on the diagram below. by ,ces from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location. rr// 1 D C 1 ft. from /1/0 i' /!7 sec. line (north Or •Guth) /6) - ft from,4::" (cast o: west) [_NORTHT + A -1- — -{- -- - ! - - - I- -.-. ....�- 4'4 1 MILE, 5280 FEET + + + + .-i' - I -1- }- -- -�- - -}- — —}— — —j— — The scale of the diagram is 2 inches = 1 mile Each shall square represents 40 acres. -- LOT BLOCK SUBDIVISION FILING n YYIG�jI'tG_- sec. line (7) TRACT ON WHICH WELL WILL BE LOCATED Owner -5 6.777 e No. of acres t • : ' Will this be ,`(8) PROPOSED CASING rGRAM Plain Casing /,' in. from -, It to ft the only well on this tract? in from Perforated casing ft to ft in. from 1 C ' ft. to /' C ft in from ft to rt WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of !I will require approximately 1 acre-foot of water per year. I acre•IU01 . . . 4:1,JtiU cultic feel . 32b,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): r'D 17 77 L. Mit_c4r P�{ l�' '/• ti 071 Legal description: .5 o C' i 2 L. or ?)./I� )/( No. of acres: /YD 77 t� (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. j n -m (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. =-,_—` //, S/GNA RE OF APPLICANT(S) Use additional rt • f paper if more space is required. Nutt Ill JtU I ION LINt Li E J 1 X" — -I -- — I I — — + — -' D -1 -I m U n q u_ _ 1 -. — I I 6 Z I - • _ m .., Z CCi TI1 crt-Tinny 1 rnrc - I -1- }- -- -�- - -}- — —}— — —j— — The scale of the diagram is 2 inches = 1 mile Each shall square represents 40 acres. -- LOT BLOCK SUBDIVISION FILING n YYIG�jI'tG_- sec. line (7) TRACT ON WHICH WELL WILL BE LOCATED Owner -5 6.777 e No. of acres t • : ' Will this be ,`(8) PROPOSED CASING rGRAM Plain Casing /,' in. from -, It to ft the only well on this tract? in from Perforated casing ft to ft in. from 1 C ' ft. to /' C ft in from ft to rt WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of !I will require approximately 1 acre-foot of water per year. I acre•IU01 . . . 4:1,JtiU cultic feel . 32b,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): r'D 17 77 L. Mit_c4r P�{ l�' '/• ti 071 Legal description: .5 o C' i 2 L. or ?)./I� )/( No. of acres: /YD 77 t� (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. j n -m (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. =-,_—` //, S/GNA RE OF APPLICANT(S) Use additional rt • f paper if more space is required. FO 07/93 STATE OF COLORADO • OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denier, Colorado 80203 (303) 866-3581 For Office Use only��' RECEIVED PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE Oa 1 1 '94 CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LNESTOCK TANK OR EROSION CONTROL DAM WATEF; --. , ,.� "COLO. 1. NEW OWNER NAME(S) Ici,.me. ...b�...Dk.f;c ? Mailing Address��11 /� i 4 - /1 .Rc City, St. Zip C.-1E'.krw•-'ov. !'.i43,S. f C. 8 ((oO f Phone (.303 ) ./5: / /3 2. THIS CHANGE IS FOR ONE OF THE FOLLOWING: FI WELL PERMIT NUMBER. ).. t.7. as, ❑ UVESTOCK WATER TANK NUMBER ❑ EROSION CONTROL DAM NUMBER 3. WELL LOCATION: CO NTY ... ` I •F. l� OWNER'S WELL DESIGNATION t ess >,Iet ...j . ....d.e..k. .Nie R.O.QL4 . C.c es5.pe,/!'r^t� --- a d s) /oS6 -(4e+ .e.415-1- cw royv‘g k post- 5c)-) 1/4 of the Al UJ 1/4, Sec....- Twp....' £ ' ❑ N. or Distances from).O•. Section Lines._iU....... Ft. from El N. or ❑ S. �k:Qr;• i ec c(..$ oud-1,,5 e.(Dc 5. ,•ie 4(11- 9r. (city) 5;1+ po 13l6,55--(soace r-;ve,r.)'vs* C'o.g S , Range -l01 ❑ E. or 2w. P.M.6•f4'`' Line, ..JOU Ft. from ❑ E. or NI W Line.[('j� Subdivision I"e A( /A.. _ENi.€t .17;.t;?.. Lot i Block _____ Filing (Unit) 4. UVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY( -C13 1/4, Sec. 10 LL) Twp. 6 ❑ N. or 0 S., Range 92- ❑ E. or lid W. ‘ P.M. 5. The above listed owner(s) say(s) that he (they) The existing record is being amended for the 121 Change in name of owner. following own the structure described herein. reason(s): Change in mailing address. ❑ Correction of location. 6. I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] Name/Title (Please type or print) Signature Date - /6446/ 1 C)..•-y-y-\.Q,L.,0„ s_c).):0 (..k.ta Q_A.,;_e \ q vv\ -e,-,-, • NO\ *I c E' , ativ\ e i-- 1 / FOR OFFICE USE ACCEPTED AS A CHANGE IN OWNERSHIP AND/OR MAILING ADDRESS. dti h - -44.40.6' 411:;►111 I ONLY llift • .11 NOV 0 31994 State Engineer Court Case No. Div. Co. y ,P Date WD MD Use Darrell Sorensen P.O. Box 387 Sill, Colorado 81651 303-876-2749 June 7, 1994 Bob Donlan 5655 Count!. RD. 100 Carbondale, Colorado 81623 (ieorge Well - Permit if 108196 Dear Mr. Donlan: The George Fields Well vas aCidized (treated) on memorial day Nvcckcnd using 5 gallons of LB,\ and a 3/4 H.P. pump for a gitrtioil and jetting. The acid was placed i11 the wc11 and jetted for a continuous period of one hour and till(nvcd 10 set in intervals Of SLY to eight hours at a time when the process was repeated lurid a Ionil of foully hour's had elapsed. At this point a two hour pump lest wa.i conducted and the well produced 20 Cpm with,Orily a 2 foot drawdown. 1n conclusion 1 would suggcsi that the acidi tag o1 the Fields WLll 1VaS a success Ant! the well will produce a minimum of 15 gpm on a continuous basis. No guarantees or warranties are expressed or implied as to the length or lime any treatment will last. Thank you for the opprnliinily to wort. for you. Sincerely, -,,. Darrell L. Sorensen Water \\Tell C ort acicn- 1.ie. !! 1027 LL: SAMUELSON PUMP CO. INC. P.O. BOX 297 GLENWOOD SPRINGS COLORADO 81602 Tammy Duplice 1219 County Road 116 Glenwood Springs, Co. 81601 Atten: Tammy WATER SYSTEMS SALES, SERVICE & INSTALLATION 945-6309 May 14, 1994 On May 4, 1994 a well test was conducted on a well located near Silt, Co. off frontage road near the river. The following information was obtained; Well depth 50'-0" Casing size 7"(steel) Standing water level 2'-0" Drawdown to pump intake Production is 4 gpm Hardness 27 grains/gal Iron 3.3 mg/1 pH 7.5 If the information on this well is correct the well has silted in and lost production due to non use. I would recommend that a driller be brought in to clean the well back to bottom and redevelop the well. In addition it may need to be acid treated if the development does not work. The well should then be retested. The current production would be only enough for a single residence. If you have any questions please call me Raun Samuelson at 945-6309. Sincerely; Raun Samuelson • • WELL -SHARING AGREEMENT THIS AGREEMENT is made and entered this day of 199 , by and between Tamera D. Duplice (hereinafter "Developer"), and (hereinafter "Buyer"); WITNESSETH: WHEREAS, Developer is the owner of certain property located in Garfield County, Colorado, described as a tract of land situate in Section 12, Township 6 South, Range 92 West of the 6th P.M., more particularly described on Exhibit A attached hereto, and Developer has received approval from Garfield County to create therefrom Parcel Nos. 1 and 2 as depicted on Exhibit A attached hereto; and WHEREAS, a water well (hereinafter "Well") has been constructed on Parcel No. , pursuant to Colorado Division of Water Resources Approval No. , which will provide up to gallons per minute of water to Parcel Nos. 1 and 2 for ordinary household purposes, fire protection, the watering of poultry, domestic animals and livestock, and for the irrigation of not over one acre of homes, gardens and lawns; and WHEREAS, Buyer has entered into a contract with Developer to purchase Parcel No. , subject to this Agreement; WHEREAS, the parties by this Agreement desire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Ownership of Water Right. Pursuant to a Quit Claim Deed from Developer to Buyer of even date herewith, Buyer owns an undivided one-half interest in and to the right to withdraw water from the Well. 2. Ownership of Appurtenant Facilities. The owners of Parcel Nos. 1 and 2 shall each own an undivided one-half interest in and to the Well, pump, meter, and associated facilities for the withdrawal of water located at the Well. The owners of Parcel Nos. 1 and 2 shall each own an undivided one-half interest in the pipeline which delivers water from the Well to the point at which the individual pipelines which deliver water to the residence on Parcel No. 2 and the residence on Parcel No. 1 diverge. The owner 1 • • of Parcel No. 2 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be constructed on Parcel No. 2. The owner of Parcel No. 1 shall be the sole owner of the pipeline from the aforesaid point of divergence to the residence to be located on Parcel No. 1. 3. Easement. Developer shall convey to Buyer a nonexclusive easement in the general vicinity of that shown on Exhibit A attached hereto for the installation, operation and maintenance of a water pipeline for the benefit of the owners of Parcel Nos. 1 and 2. Should any party desire a more specific legal description of the alignment of the pipeline and easement, such party may, at its sole cost and expense, survey the pipeline alignment, and the parties hereto agree to execute any necessary quit claim deeds in order to accomplish such purpose. 4. Operation, Maintenance and Repair Costs. Operation, maintenance and repair costs associated with the Well, the pump, meter and associated facilities for the withdrawal of water from the well shall be shared equally among the owners of Parcel Nos. 1 and 2. The owners of Parcel Nos. 1 and 2 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines. The owners of Parcel Nos. 1 and 2 shall share equally in the cost of maintenance, repair and replacement of that section of the pipeline which they jointly own. The parties agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the parties are unable to agree upon any required maintenance, repair, replacement, or improvement, either party shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event a party determines to undertake such work, he shall notify the other party in writing. The party undertaking the work shall upon completion provide the other party with a written statement of the work performed and the other party's proportionate share of the costs. 5. Operational Costs. Each party shall install at its own expense a meter on its individual service line to measure water use. The monthly cost of power to operate the Well shall be divided among the owners of Parcel Nos. 1 and 2 in proportion to the amount of water each owner used during the preceding month. 6. Payment of Common Expenses. The owner of Parcel No. 1 shall be responsible for collecting each parties' share of common expenses. Each party shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a party fails to pay its share 2 • • within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the party which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 7. Use of Water. Each party shall be entitled to use its undivided one-half interest in the water right for any use authorized by the well permit. Irrigation use shall be limited to no more than 14,520 square feet of lawn and garden on with each Parcel. 8. Waste. No party shall waste water, and each party shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. Unless otherwise agreed to among the owners of Parcel Nos. 1 and 2, no party shall use more than one-half of the water physically available at the Well. 9. Fees. Each party shall also bear its own attorneys fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 10. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which the Well is used. 11. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 12. Amendment. This Agreement may be amended from time to time by the owners of Parcel Nos. 1 and 2 in written form and executed in the same manner as this Agreement. 3 • • IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first written above. STATE OF COLORADO ss. COUNTY OF DEVELOPER Tamera D. Duplice BUYER Acknowledged, subscribed, and sworn to before me this day of , 199 , by WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ss. COUNTY OF Notary Public Acknowledged, subscribed, and sworn to before me this day of , 199 , by WITNESS my hand and official seal. My Commission expires: Notary Public 4 • CA RFIELD COUNTY Building and Planning January 8, 1996 RE: Status of Your Subdivision Exemption Application Dear JALT Your application for an exemption from the definition of subdivision leas been reviewed.by the Planning Department staff and has been determined to be incomplete. Because your application is incomplete, it will be removed from further consideration unless and until you supply the Planning Department with the requested information. Please see below for the additional, required information, which should complete your application. (0p6it4 1) Sketch map at a minimum scale of 1" 200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of- way, and any proposed easements for drainage, irrigation, access or utilities. 2) Vicinity map at a minimum scale of 1" = 2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a cony ofa U.S.G.S. quadrangle map may be used. 3) Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; 4) Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. 5) Evidence of soil types and characteristics of each type. 6) Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and a letter of approval of fire protection plan from appropriate fire district. 7) 1f -connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. 8) Narrative explaining why exemption is being requested. 9) It shall be demonstrated that the parcel existed as described on January 1, 1973, or the parcel as it exists presently, is one (1) of not more than three (3) parcels created from a larger parcel as it existed on January 1, 1973. 109 8111 Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 Additionally, an application for exemption must satisfy, at a minimum all of the review criteria listed below. Compliance with the review criteria; however, does not ensure exemption. I) "No more than a total of1011• (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel ryas described ill the records of the (;ar field County Clerk and Recorder's Of/ice 011 .January %, 1973, and is not a part Of a recorded subdivision; however, tory parcel to he divided by exemption that is split by a public right -of -wap (State or Federal hi,s,rhway, ('ounly road or rai/root!) or nalw•a/ feature, preventing.joint use of the proposed tracts, and the tlivi.s'ion occurs along the public right-of-way nr natural feature, such parcels thereby created ma), in the discretion of the Board, not be considered 10 have been created by exemption with regard 10 the Pur (4) lot, parcel, interest or dwelling 111111 limitation otherwise applicable;" 2) All Garfield County zoning requirements will be met. 3) All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. 4) Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity, and dependability, and a suitable type of sewage disposal to serve each proposed lot. 5) All state and local environmental health and safety requirements have been met or are in the process of being met. 6) Provision has been made for any required road or storm drainage improvements. 7) Fire protection has been approved by the appropriate fire district. 8) Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. If you feel that this letter is in error or you need further clarification, please contact this office. Additionally, please submit this requested information no later than January 22, 1996. Your check has not been cashed and will not be cashed unless and until you submit the additional information, at that time, we will continue processing your application. "Thank you for your prompt attention to this request for additional, required information. Sincerely, Eric D. McCafferty Garfield County Planner GARFIELD COUNTY Building and Planning December 28, 1995 Dear Subdivision Exemption Applicant, (Du PO ei; Due to the large number of petitions for exemption from the definition of subdivision recently received by this office, it has taken longer than usual to review, schedule and respond to the individual applicants. Currently, the planning staff is conducting a review of your application to determine the completeness of the petition. As soon as a determination has been made regarding your application, you will be notified of its status, whether additional information is required or, if it is complete, you will be notified of the time and date of your meeting with the Board of County Commissioners. If you have any questions concerning your petition, please do not hesitate to contact this office. Sincerely, 62.1C- Eric D. McCafferty Garfield County Planner 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 APR 27 '94 02:44 PM BIGHORN CONSTRUCTION COLORADO DEPARTMENT OF HIGHWAYS STATE HIGHWAY ACCESS PERMIT 'HE PERMITTEE; George F. and Marjorie M. Fields 2213 Bennett Avenue Glenwood Springs, CO 81601 Page 2 SH No/MP/Side: 170F/99.200. Local Jurisdiction; Garfield Count y Dist/Section/Patrol: 30210 DOH Permit No.: 390042 Permit Fee: $25.00 Date of Transmittal! 5-18-90 is hereby granted permission 10 construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and Its use violate any 01 the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and naggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEviCES, Part VI. The Issuing authority, the Department and their duty appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercised the permit, .00ATtON: On the south side of State Highway 1-70 Frontage, a distance of 1056 feet east from Mile Post 99. 4CCESS TO PROVIDE SERVICE TO: Single family residence. OTH"t TERMS AND CONDITIONS: See Attached Sheet. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Not Required Date Title _ Upon the signing of this permit the permittee agrees to the terns and conditions and referenced attachments contained rterein. All'construction shall be completed In an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in ppccordance with the terms and conditions of the permit prior to being used. The permittee shall notify _ i int Yoa s t with the Colorado Department of Highways In _ b25 22tiG -� — at least 48 hours prior to commencing construction within the State Highway'right-of-way, at _.•....,-. Tho person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have fuhority to acce the permit and all It's terms and conditions. Permittee (X) -this permit is not valid until signed by a duly authori ed representative of the State Department of Highways. STATE OF COLORA'O, D VISION OF ROBERT 1rGLEVE., HIEF EN By (X) )PI DISTHIBUTtON; Hequired; 1 District (Oriiprrdt) 2 Applicant f Staff ROA Date 5-23-90 Title AdJrtin'istrator, (Date of issue) Access Commit tee Make cople9 as necessary fur, LOcai Auirtonty mspeOor MICE Pelrot Trafl,c Enpinee, Previous Editions ate Obsolete and will nor bu use DOH furs, t( e;r 1 R • /1 /1 '/1 a/ C AEU-lJ I I U111 5 WATER RES. THIS FORM MUS'r 8E SUBMITTED YyITMIN AO.OATS Or. COMPLETION OF THE WORK DESCRIIF.O tIERE- pN,1yPE,:ca PtlINYpN Pt.ACK INK. 1EL:303-945-5665 Feb lb 96 IEL:505-itbb-55tS9 Fen b Yb •/- I •COLORADO DIVISION OF WATER RESALES 1 1313 Sherman Street - Room 818 Donvor, Colorado 80203 WELL COMPLETION ANO PUMP INSTAL REPORT 1 PERMIT NUMBER jail 7_ --- WELL OWNEA1'flti t0 L t PCIrr4g dt ADDRESS J1I. 42. DATE COMPLETED WELL LOO • • ?l ®----41-14 _ tfiV From To o -� /5- 1 5- s15" /8 Type end Color Ot Materiel Wafer Loc, 3,Z 1 TOTAL DEPTH ? ci Use additional wept neaue•y to Complete lob. 7G of the 11 : LS No . Uu3 I-' . U2 y:40 NO.UUiS V.02 r:IfyilD , ,f UE.0 1 9 1900 !min RE801.11ten NATE mama K of Sec. _lv{r P M NblEID1AMETER n _► h��1r�rT 7 In. from �.L to Iy �. .I In. trom I In _ _ _ ft. In from 10,12.1:12,e DRILLING* MPTMO e:/(46 . CASINGECORD: eln Cuing Size 4. Ti' �' & kind . r tL from _a_ to 1 7 ft Size & kind from 434____ to - ft. Size & kind from to _......._. ft. Perforated Cning Size �l'_. & kind from i( to ft. Size 5.si & kind _ritrifIG from ..1(..10._ to Sr ft. Size ._. & kind from . to ft QROt1TINO ACCORD Materiel e fern Intervals __61.21,2. ! % ; Placement Method GRAVEL PACK: Size Interval r -. TEST DATA Date Tested _ Static Wator tovel Prior to Tett Typo of Test Punt�!,,% Length of Test _�.. =d Sustained Yield (Metered) . • /� Fins( Pumping Water Level it) . ft 1^o( r c4 mom-. AO-W1R DIV 5 TEL:303-945-5665 TEL'306-8bb-Sb89 WATER RES. poem lw�it 'dittos PRIOR TO STATE OF COLORW QFFMOE OF THE STATE ENGINEER e1B O $miler Bldg_ 1313 Oxman D fff, 0010r.40 60400 raft) 644-111301 —"� FORM, :: INSTRUCTIONS E Feb 16 96 1 1 : 23 No .003 P.05 t3t) h 9b 9:4V No.VVV F.US r« oleo. ue..nly CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL. PERMIT, LIVESTOCK TANK OR FAN OQNT:I OL DAM NEW Q1NNE 5 NAME(8) .........(..vYatr Mak Address }I..I .1.9 -11.......84 Cy, Rt. Yip ......1, :lL.V4..loo.Ok._... Phone (..3C?:) ....�%..... ri a�.S.l..t�.GP ((12C?1 3. 4. FOa Nt r THE FQLLgg mi Yom-' WELL PERMT1 NUMBER ......_.-1778a g 0 LIVESTOCK WATER TANK NUMBER 10 EROSION CONTROL DAM NUMBER ECEIVED OCT 1194 TiON: CANTY OAc.c OWNrns WEL dralCINATION ;A Ss yet- lo b t�-..,..1.. .e.. RawYCLA...a4,a,e65.veirSV N. a 313., Range id, D g. W. ...GC► ' P.M. Distances Utl scllOn Unita ...% . ...._... Ft from IA N. e. 0 0. Una, . Ian. U..... R. from 0 E. wa WLine. "vs) /05i, 4.4_0+ tam_ r (own 511-1 ( 0).44pr /e„) Subdivision e.4.4.-. o.r1 r]... Lot 1..... Block FAktp (Unto)...... wEgioc,KimcgmegmatisanasaLakuDas= 5. 6. �o ❑ CJ E. a W. P.M. 1/a. See.� v� TtYp............. N. a. s., Rm►►Qv.._..,/..f�,, The above listed owner(*) say(e) that he (they) own the structure described herein. The existing reoord Is being emended for the following reawon(e): Change In ROM® of Owner. Change hireling addneen. 01-7 El DOrrr,otion of rooetion. I (we) havfa reap the statements minae herein, know the contents thereof, and state that they are true to my (our) knowledge, (Pursuant to Section 24-4-104 (13)(4) C.S., the making of false etaleMents herein constitutes perjury In the second degree and Is punishable ere a does 1 miodemeanor,j Name/Title (Please type or ping signature 4. FOR OFFICE UBE ONLY ASD AS A CHANGE I1 OWNSHIME AND/OR MAM(AIG ADDJW$S. Dene 1 Atei .44•40" Cum EfteIrsvor Court Caere No. DN. NOV 0 31894 ads MD Use ,DELI -1.1.11 P. LD1`! 5 ILL :3U3-945-5665 Feb 16 9b 11 :._.:4 Nu . uu .5 I' . u4 WATER RES. TEL:303-865-3589 Feb 1 96 9:41 No,008 P.04 Farm No. OFFICE OF Tilt TATE ENGINEER QWS-26 , COLORADO ION OF WATER RESOURCESIIP 615 Centennial Bide.. 1113 Sherman et, Crewe. Oo4oredo S020a (303) 068-3581 LIC APPLICANT GEORGE F FIELDS 3220 HOWARD CT CLIFTON CO 81620 WEiLL PERMIT NUMOrrI Div. 6 CNTY. 23 WD 39 DES. BASIN MD t.at:1 Book: flliny: (b03)434-1412 EXPANSiON OF USE OF AN EXISTING WELL 8utrdlv: PErERBON EXEMPTION MEROY )- WELL L,OGATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 12 Twp 8 8 RANGE 92 W 6th P.M. DITANCE8 PlomiLSII19111110 1425 Ft. from North Section Une 1200 Ft. from West Section Line ISSUANCE OF TH18 PERMIT DOM NOl CONFER A WATER RIGHT MINT 2Nit_PF ! ePft V/L 1) This well shall be used In Such a way as to cause no motorial Injury to existing water rights. The issuance of the permit does not erasure the applicant that no Injury will odour to another vested water right or preclude another ownor of a vested water right from seeking relief In a olvq court action. 2) The ennrrtruelavt of this wall 'hail be in compliance) with the Water Well Conatruotlon end Pump Installation Rules 2 CCR 402.2, Weirs approval of h varianoe has been granted by the State Board of Examiners of Water Well Oonetruaton and Pump Installation Contractors In accordance with Rule 17. 3) Approved pursuant to CRS 37.92-802(3)(b)(I) and the August 30, 1070 letter from this offioe to the Garfield County Planning Department regarding the Peterson Exemption. Approved as the only well on a tract of land of 10 acres described as that pafion Of the NW 1/4 of Sec. 12, TWp. 6 South, Bing, 9? Wow of the 6111 P.M., Garfield County, being more particularly described on the attached exhibit 'A' as Traot 1 of the Peterson Exemption. 4) Approved for the expansion of use of an existing wall, oonatructod under permit no. 108197 (oaneeled). The Issuance of this permit hereby oanools permit no. 108197. 6) The use of ground water from this well is limited lo firer protection, ordinary household purposes meld° ono (1) single tamely dwelling, the Irrigation o1 not more than one (1) awe of home gardens and lawns and the watering ut dvmvetio animals, s) The maximum pumping rate shall not exceed 16 GPM. 7) This well shall be located not more man 200 feet from the location trpooiflod on thls permit. APPROVED JD2 r Outs soglM. fleoeipt No. 0307720 DATE iSoveD j Y 10 Iqg EXf'IrrAT11NJ DATE MAY 10 1996 ;AEU-UJTR DIV 5 TEL:303-945-5665 Feb 16 96 11:22 Nu.003 P.U1 STATE OF COLORADO DIVISION OF WATER RESOURCES WATER DIVISION fIVE Office of the State FnrinPPr Department of Natural Resources 5l)G13 u.S. 11wy (, & 24 f.0.Box 1% Glenwood Spring, (O 111607 Phone (3%1945-5665 AA 1/SX (44 ii) 945 9741 (. /1- e' a... DATE: C:(7. FAX TRANSMISSION COVER SHEET TRANSMIT TO FAX NUMBER: - 1377,„.,o IS -7° IMMEDIATE DELIVERY TO: - e 7 FROM: NO. OF PAGES (INCLUDING COVER SHEET): AO;Piiik. Y \ M .) koy komo, Governor lArn,.' $. l rr IJ,o.ul E'ecul;ve Dimcrnr 1.1 I). SimpMon Srair F„r6„ r. Or1yn 1. Bell n;,-;,u,r Enk;nrrr INSTRUCTIONS /COMMENTS : 7^(94..e--.1 !� h 4 / t • e t -L_ ,S C o -N. Oc - - O -L f 0 /62 If you have problems receiving transmission of document(s), please call 945-5665. DIVISION 5 WATER RESOURCES OUR FAX NUMBERS: (3W1 945-8741 or (303) 866-5415 SEO-WTR DIV 5 TEL:303-945-5665 Feb 16 96 11:22 No.003 P.01 • STATE OF COLORADO DIVISION OF WATER RESOURCES WATER DIVISION FIVE O11ice of the 51ate Fnrinppr C>cparlment of Natural Re:.ources S0613 U.S. Hwy (r & 24 1'.0. Iinx 396 Glenwood Sprints, ('O 8160? ('hone [3931915-5665 IAX(;4 )9458741 aA,e-Gig... FAX TRANSMISSION COVER SHEET DATE: TRANSMIT TO FAX NUMBER: IMMEDIATE DELIVERY TO: FROM: (377.0../r7° e__ Z -r i► -x ,— 7 NO. OE PAGES (INCLUDING COVER SHEET).: 17( koy Rom 01 Covernc,( jAmi,: SA Executive Ditcccar 11.4 1)• 5inipcon \IJIr L -r m -o, Orlyn 1. Bell Oivisiun (nginr•r'r INSTRUCTIONS/COMMENTS : e 9 k -•c -i ' )07-c"", - . p -� f 0 / /52/���i If you have problems receiving transmission of document(s), please call 945-5665. DIVISION 5 WATER RESOURCES OUR FAX NUMBERS: (3.945-8741 or (303) 866--5415 SEO-IJTR DIV 5 WATER RES. r' MIS FORM Mals* BE SUBMITTED Wi' NIN BO.b*vs Of COMPLETION OF TNE WORK OESCRI DEO HERE - ow, TYPE.ga;MINIM BLACK INK_ TEL:303-945-5665 Feb 16 96 ILL:SUS-8bb—Sbd9 het) ib Yb 4111LORADO DIVISION OF WATER RESO S 1313 Shernlen Street - Room 818 Denvor, Colorado 80203 WELL COMPLETION AND PUMP INSTALLATION REPORT PERMIT NOMEER,4Qi 97.-_. 11:23 No .003 P.02 9:4U No . VOU I' , V2 WELL OWNEAJ0t1 n it PCr;rs a /7 A1rt2OW --N.—AL xi of ilw ADDRESS lJl4L T •� „'•J R. /:2- R EC E !VE D DEC 191900 PLN aouC aim macs OVA _ K of Sec. GATE COMPLETED fipm l- i WHDLLDIAMETER in. from to 9A* WELL LOG From To D .2 Sli15- 1$' .115 Water Tvae and Color of Material a -NI eft 7 l a a� e Ls d�yrlwel ackit1'.,S c Pen crowd ac*kP'$c groura ditty j •QIto-I �e pL-Su L r TOTAL DEPTH S D Use additional tremas newuary to complete log. Lir^. In. from;ry-_to In from NCEL it 1 PM DKILLIN9 METHODL* CASINGflE?ORD: e��ln�/Casing Size �?..`.� &kind._S�L from to SiteNEst. & kind 00120:4 from 74 , to Ya ft. Size & kind from to Perforated Cooing �I Size & kind t_L_,. from to ft, Size _ & kind _ria .. from „VI— to _ ft. Size _ & kind _ from to ft 1ROUTINO RECORD Materiel eridifeH Intervals _,:Q Placement Method GRAVEL PACK: Size _ ._ Interval e"~ TEST DATA Date Tested , 19 Static Water Level Prior to Test ft Type of Teat PumP ii(.APS Pee Length of Test ,y !L PS Sustained Yield (Metered) . / Final Pumping Water Leval .�%.,rC SEO-WTR DIV 5 WATER RES. FOAM „R GWB-11: '6YII TEL TEL!303-8bb-5589 STATE OF 0% 041 OF THE STA NGINEER B/B Ou+Unnllj SW. SAsnnan O.. woe, 0440f000 00400 Ogg 111,0101 'fit R 10 C OMPLET1NG FORM, 8E# N6INUOT1ON$ ON REVERSE BIDE Feb 16 96 11:23 No.003 P.03 F@G lb 9b 9:4U No.UUU a ot1o. tM - CHANGE IN OWNERSHIP/ADDRESS / LOCATION WEIL PERMIT, UVEBTOOK TANK OR . EROSION CONTROL OMA MI NAME(S) Y1!a�Y%L .�.,:..................................., Maung Address , .. 4914-11i 4 `1dT1 (�.. c1y, ZIP .. at.....�t:(>'.�I�cta ._... r',ngS..�:p..S Of ...... ........................ Phone (.3c)3) ..g -.led /.......... ..........._, 2. THIS tillANue I$ FOR ALAE OF TIE FOtLOjA(jQ: ro WELL PETIMR 8 0 LIVESTOCK WATER TANK NUMBER 0 EROSION CONTROL DAM NUMBER CE1VED 0C111:94 144.. 3. TION: MINTY, .%7 VI S° ' OWNER'S WEu1 DESIGNATION : ! ?'rS...��//of /c la.. il _. ..$*, ..70 LA N�S6 - + east. mite POSY- p ,� r 1 ��q�a I�1 .5 114 a1ew�Dvd.�! !!.1/,, sw..JD- Twp.. '....:_... 0N. a. ,6., Renee 9a U E e. tijw. .. 4/4.. p.M. Dist Ion Lival ..1JaS...._... Ft. from I N. a 0 A. Una, ,.lap° Ft. from U E. «R W. Line. Subdivision ...... . PM1(:60.e'1.,.....C.1t.110 rl... La .........1. Block F1kn9 NA ............... 4. WER'T= TAt�9R N COQ matimjard 1 a OOUNTY .. i 11-.3 1/4, Sec...............Twp TO 0 N. a. W S., Renpt-.92;70 E. a raW. ‘44%P. S. The above Meted owner(s) seri(e) that he (they) awn the MnKMure deaonibad herein. The eudspnp record Is being amended for the foitowkp reason(e). VIChange In name of owner. 5i3 Change Rinsing tea. 6. 0 Oorreotlon of Io*.t se_ I (we) have read the etaeemarna rade humin, know the contents thereof, and state that they we true to my (aur) knowledge, (Pursuant to Section 24-4-104 (13)(a) C.R.S.. the Making of fatal eletemanta herein constitutes perjury In tM sec 0nd degree and Is punishable as a class 1 misdemeanor.) Wm/me (Plane typo or PM) Dale ANDPE MEMO� CHANGE I o► °W*&R5 de otegad fogInsai Court Case N0. NOV 0 $ .1994 own MD Use _ -- SEO-WTR DI WATER RES Forrn No. ' GAS -26 , APPLICANT V 5 TEL:303-945-5665 TEL:303-866-3589 OFFICE OF THIIITATE ENGINEER COLORADO D OF WATER RESOURCES ate C®ntennlal Bldg.. 131a clover►& si„ Denver. Oofor ido b0203 003100638$1 e66.3891 Feb 16 96 11:24 No.003 P.04 Feb 16 96 9=41 No.008 P.04 • GEORGE F FIELDS 3220 HOWARD CT CLIFTON CO 81520 LIC WELL PER E NUMBER 117SZ8 DIV. 6 GNTY. 23 WD 39 DES. BASIN MD Lot 1 Illook: FIMmy ( 303)434-1412 EXPANSION OF USE OF AN EXISTING WELL • BubdM PEFEI ON EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 12 Twp 6 8 RANGE 92 W 6th P.M. ®M littianitaga 1425 Ft. from North Seaton Line 1200 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT 1) This well shall be used In such a way as to ceras no material Injury to exieting water rights. The issuance of the permit does not assure the appleant that no Injury will oaour to another vested water right or preclude another ownor of a vested water right from seeking relief In a dive court action. 2) The construction of this wan shall De In oampllanoe with the Water Wel Conatruotlon and Pump Installation Rules 2 OCR 402.2, units approval of a variance has been granted by the State Board of Examinant of Water Well Construction and Pump installation Contractors In accordance with Rule 17, 3) Approved pursuant to CRS 37-92-802(3)(b)(I) and the August 30, 1979 letter from this o1loe to ttte t3artield County Planning Department regarding the Peterson Exemption. Approved as the only wall on a tract of land of 10 acres described as that poftfon of the NW 1/4 of Sec. 12, Twp. 6 South, Fang, 92 Weill of the 6th P.M., Garfield Courny, being more particularly described on the atteohad exhibit "A' as Tract 1 of the Peterson Exemption. 4) Approved for the expansion of use of an existing well, constructed under permit no. 108197 (oanoeled). The issuance of this parfait hereby cancels permit no. 108197. 5) The use 01 ground water from this well is limited lo fire pretea-tion, ordinary household purposes Inside one (1) single family dwelling, the Irrigation of not more than one (1) acre of home gardens and lawns and the watering of dernestio animals, 6) 'The maximum pumping rate shall not exceed 16 GPM. 7) This well shall be located not more titan 200 feet from the location specified on this permit. APPROVED JD2 err 4neurn Receipt No. 0307720 eefreu-C' er DATE ISSUEDMAY i U 1994 EXPIRATION DATE MAY 10 1996 AO-WTR DTV 5 4 TEL Feb 16 96 11:22 No.UO3 P.01 • STATE OF COLORADO DIVISION OF WATER RESOURCES WATER DIVISION ma °MCP of the 5t;He Engineer C)cpartment of Natural Resources 5n(13 U.S. 1 Iwy 6 & 24 P O. Hnx 196 Glenwood Springc, (Y) 11160) Phone (303) 945-5665 AX (34ai) 945 8741 a. Jaz' a... t. DATE: C77(: FAX TRANSMISSION COVER SHEET .2-/76,ji TRANSMIT TO FAX NUMBER: IMMEDIATE DELIVERY TO: FROM: - X37 7 ,„ •e /,S"7a ,E'er. . c /h >< NO. OF PAGES (INCLUDING COVER SHEET).: 1/ INSTRUCTIONS/COMMENTS : / .( �� f e 1' 4--e.-- F ` S---- e-0 i.,--'i7-L__( 0 7 f6112.:' c—er .-----,.,/- g / ,sr/' ,c. ? ,/ c.. f----- /7 (7 7 67 8 Roy Rro..,•, Cnvernc.r Pror. S 1 cr hv.ni Executwe Ducctc,r 1 I:.I h. Simpcon },alt h"rinr.. Orlyn 1. Bell r)i 4 inn cnkine,, If you have problems receiving transmission of document(s), please call 945-5665. DIVISION 5 WATER RESOURCES OUR FAX NUMBERS: (3. 945-8741 or (303) 866-5415 :)LU-WlR DIV 5 WATER RES. 1MIS FORM MUS BE $uRMITTED wiTUIN B( /on or COMPLETION OF THE WORK UEBCrtIBF° NERE- ON, TYPt ,R.a PfiNY1IN BLACK INK. WELL OWNEf1J1df1 ir1 ADDRESS Tad. DATE COMPLETED 4PAL! TEL:3U3-945-5665 Feb 16 96 1 LL SUS- ebb- S1.s9 P-010 b Yb •COLOtiADO DIVISION Or WATER RES CES I1j 1313 Shannon Street - Room 818 1 Denvor, Colorado 80203 WELL COMPLETION ANO PUMP INSTALLATION REPORT PERMIT NUMNER.jL L2.r%----- er21'� ® —CO% of the 7 T. __. , 707_ , 11:23 No.UU3 F.U2 Y!4U No.UUU F,U1 R EC HV DEC 1 8 WOO IHAtrn Wain" =An Gl4ptf�li fJEiiiO. K of Seo, _1 v�— • , .1 WELL LOG igTO TVDe and Color of Materiel GArety C14.7 laic e(Is v//rowel 4.11„S Iri .9004 Pep, 7014.4 a oak rsc, ra,„ n-SoAtte- °frau I - &,ta l J 4ot, le.tk':4 TOTAL DEPTH Ute edditlonel meet neeeuery to Complete Io4. water Loc, HDLEiDIAMETER In. from _Q__ to _� tt V1'� �� In. fromto— In from. to � PM PRILUND M<=7HQD4' CASING RCORD: polo JCasintl Size b r & kind - J I erel_from Site Out. & kind �l1___ from . 4 Size & kind from to / 7 ft tolt'�ft to _._....__.ft. Perforated Caning Size 6* & kindiffCCI... from 17 to ft, Size & kind - �/ i from -a_ to _- ft Size ._ & kind from to (t pt0UTIM 1 RECORD Material Intervaiu._Q a /94,_ Placement Method GRAVEL PACK; Size _ .� Interval r"^-- TEBT DATA Date TestedJJ .19 it Static Water Ldvol Prior to Tart — __. ._ .... —._... ft Type of Tait Pumi Length of Test Sustained Yield (Metered) .___‘11:9 f Final Pumping Water Level �,C 1 .. SLO-IdTR DIV 5 WRTER RES. • FORM NO. GING-117 'et/0.r 1EL:303-945-5665 Feb 16 96 11 :23 No .003 P.03 TEL:3U5-bbb-5589 Pep ib 9b 9:01l)N0.UUB P.0,5 STATE OF COLOFS lit for Moe the only OFFioe OF THE OW�.. . E ENGINEEPI 310 Orinlennler 0 1g.. 1313 Sherman ®L. 014W4f, 00*4Iit0a a020D (WI &WSW PFTIOR TO COMPLETING FORM, BEIE INITRIUOT1ON8 Oh REVERIE BCE CHANGE IN OWNERSHIP/ADDRESS / LOCATION WEU. PERMIT, LIW TOOK TANK Ott .EROSION OONTT OL OMA LLI�� NAME(9) ....._.... .KYA Y>Fi _ i,.. ' -p......._..................................................... .. Melling Addrtissj.'}...f I...2 -.(1........ Cy, at. hip ......i.4:(12.vawaa ._... 1'i ac�S.I.. .Q.�.. (G(?.! Phone ) ..gS-./..Sll.................. ac _u._►.4j_ F9- •� I L1► e wwu. QIIrr LIVESTOCK WATER TANK NUMBER ............. 0 EROSION CONTROL DAM NUMBER.. ECRU OCT 11 'PION: flfl .. , -. r oWNtrvit WEt DFIII©NAT10N .4.44 'S yell- 10 .. �xnr.il �Qd..�l�..�.. ��C.PssPe.>r,�r �- ,��:�'.rb�, ��s .. �...:. n1 fr s/- P. (0nv a � 11 l r�l• 70 .C... , l�S� �� cast' p� `" I cg�r/ISP /4 of i L N. or B., Renpe ❑ E. or W. .. P.M. G>� 1/O of the ...............1/4, 890.._1.-.__ �•. - ...._ . � Ft. from CZ N. w 0 A. Unit, .jr.00 Ft. from D E. w W. Line. 1-1.0 n.Block — Fling (Untl)...... ..... Dlstcnoesf 110.s SubdMslon......... r•� WW1' 4. WE6'TOOK ❑ W....,. .J...w.. 1l4. Bee. ........... Trr<.i....... �.. N. w 6 ,, Rara�1....../ �' ❑ 5. The above listed owner(*) aey(e) that he (they) own the etnloture described herein. The misting reoord la being amended for the foitawhq reaeon(e); Change In nem* of owner. 123 Change In In ng *Odessa. CI porrootton a lo0atlon. 6 1 (we) have reed the e1e4em0nte made herein, knave the contents thereof, and state Ihia they are true to my (our) knowledge. (Pursuant to Section 24-4-104 (13)(e) C.R.S., the making tlt tette salerooms herein constitutes Penury In the second degree and Is punishable as a class 1 misdemeanor,' NemaTRtie (Please type or print) signature 44-7 Date OFFICE USE ONLY ACCEPTED AS A CHANE IN AND100. MAIUNO ADDRESS►.4 WNSESIIIP A.� tea. Eitgirwsr Court Can NO, NOV 0 31994 Dim Mb use AEU --W15 51V 5 FEL :305-945-5665 Feb 16 96 11:24 No.UU3 5.u4 WATER RES. EL:303-866-3589 heb1, 96 9 41 No.008 P.04 Form No. OFFICE OF STATE ENGINEER 01/8-25 , COLORADO D ION OF WATER RESOURCES ale Centennial Ma., 1118 fibroma 81., Dam*. Ootorsdo ilO?Oa f3031 001-301 LIC APPUGANT GEORGE F FIELDS 3220 HOWARD CT CLIFTON CO 81520 ( 803)434-1412 WELL PERMIT NfJMFrn DiV. 5 UNITY.23 WD 39 DEG. BASIN MD Lot: 1 Stook: Flltn9: Oulxily: PETERSON EXEMPTION APPROVED WELL LOCATION. GARFIELD COUNTY SW 1/4 NW 114 8eotion 12 Twp B 8 RANGE 02 W 6th P.M. RIUMICTS_MN_SirigintlialEa 1426 Ft. from North Section Line 1200 Ft. from West Section Line EXPANSION OF USE OF AN EXISTING WELL ISSUANCE OF TH18 PEIRMiT DOf:9 NOT CONFER A WATER RIGHT 1) This well shall be used in Duch a wary as to cause no material injury to existing water rights. The issuance of the permit dors not (89ure the applicant that no injury will 000ur to another vested water right tar prock•de another owner of a vested water right from seeking relief In a aril court action. 2) The construction of mitt wait ohm be in aompllanoe with the Water Well Construction and Pump Installation Rules 2 OCR 408-Z, unrest' approval of le varianoe has been granted by the @tate Board of Examiners d Water Welt Construction and Pump installation Contractors in accordance with Rule 17, 3) Approved pursuant to CR8 37-92-602(3)(b)(1) and the August 30, 1079 latter from this offioe to the Gameld County Planning Department regarding the Peterson Exemption. Approves as ma only wolf on a tract of land 0110 nacres described as that Donlon Of the NW 1/4 of Sec. 12, TWp. 5 South, Rng. 92 Weal of the 61h P.M., Garfield County, being more particularly described on the atteohed exhibit "A' as Tract 1 of the Peterson Exemption. 4) Approved for the expansion of use of an existing wall, constructed under permit no. 108197 (canopied). The issue inoa of this permit hereby cancels permit no. 108197. b) The use of ground water from this well is limited to firs protection, ordinary houeehc'id purposes Inside onn (1) single family dwelling, the Irrigation of not more than one (1) core of home gardens and lawns and the watering of domestic animals. 6) The maximum pumping rate shell not exceed 15 QPM. 7) This well shall be located not more than 200 feet from the location specified on this permit. APPROVEDJP2 l ice •aa. Qepm.i Ileoeipt No. 0307720 DATE ISSUED tiny 10 1444 EXPIRATION DATE MAY 10 1996 -24 er 5EO-WTR DIV 5 TEL:303-945-56.65 Feb 16 96 11:22 No.003 P.01 • • STATE OF COLORADO DIVISION Or WATER RESOURCES WATER DIVISION rIVE QIIICe o1 the Skil? FnrinP r DepaiLment of Natur. I ReP•OurfeS 506.33 U.S. I iwy 6 & 24 I' 0. Box 3% Glenwood Spring¢, CO 816(1) Phone 1383) 945-5665 fAXCOQ )9458741 a. -.?. �... FAX TRANSMISSION COVER SHEET DATE: TRANSMIT TO FAX NUMBER: IMMEDIATE DELIVERY TO: FROM: _ %,wr g� 474. cid /1c 4 NO. OF PAGES (INCLUDING COVER SHEET).: INSTRUCTIONS/COMMENTS: 17e /5!•('-- 9 A. - Roy R0‘110f C,ovcrnrn lam:•. S. Irxl,hr•A Eeecul:ve Dbaror I la1 I), 5iminrm Shut tnrim•i Orlyn I. Bell f)iviyinn Enk:nrvv If you have problems receiving transmission of document(s), please call 945-5665. DIVISION 5 WATER RESOURCES OUR FAX NUMBERS: (3. 945-8741 or (303) 866-5415 Contract No .311TD(a) Map ID No. 212 Date Activated. 06/03/96 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Tamera D. Duplice, c/o Caloia, Houpt & Light, P.C. Address 1204 Grand Avenue, Glenwood Springs. CO 81601 Telephone Number 970 / 945 -6067 Authorized Agent or Representative Sherry A. Caloia. Esq. B. WATER RIGHT OWNED BY APPLICANT Name of Right Duplice Well A Type of Structure or Right Well Location of Point of Diversion See attached well permit Water Court Case No. N/A Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use Parcel A, Duplice Exemption See attached map and attached legal description (Exhibit A) Description of Use Domestic, irrigation, commerical. stockwater evaporation from pond Number of Dwelling Units 2 Total Acreage 0.5 acres to be irrigated, 4.0 acres total parcel Proposed Potable Water System Well Proposed Waste -Water Treatment System Septic tank leachfield Projected Monthly Volume of Leased Water Needed in Gallons: See Table 1 attached. Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet 5.0 Maximum Instantaneous Demand 50 gpm D. OTHER REMARKS 2 single-family residences; 7 head of stock; 0.5 surface acre pond; 0.5 acres irrigation for lawn and garden and commercial greenhouse and nursery Ilse Date f Agent or Representative WP.I-S-Roy .'o Applic.3tion must be complete where upplrcdble. Type or print in ?LACK INK. No overstrikes or erasures unless initialed. CC *DO DIVISION OF WATER RESOL Q 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM (x) A PERMIT TO USE GROUND WATER (X) A PERMIT TO CONSTRUCT A WELL FOR: (X) A PERMIT TO INSTALL A PUMP ( } REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO. (1) APPLICANT - mailing address NAME Tamera D. Duplice c/o Caloia, Houpt & Light, P.C. STREET 1204 Grand Avenue CITY Glenwood Springs CO 81601 (State) (ZIP) TELEPHONE NO (970)945-6067 (2) LOCATION OF PROPOSED WELL County Garfield NW Y< of the NW 'A Section 12 Twp. 6 S. Rng. 92 `,/. 6th P.M. IN,SI IE.WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 50 Average annual amount of ground water to be appropriated (acre-feet)' 5 Number of acres to be irrigated: 0.5 Proposed total depth (feet) : 100 Aquifer ground water is to be obtained from: Groundwater tributrary to Colorado River Owner's well designation Duplice Well A GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY no irrigation (0) (x) DOMESTIC (1) ( ) INDUSTRIAL (5) (x) LIVESTOCK (2) )X ) IRRIGATION (6) (X) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK I N (1 1) (4) DRILLER Name Shelton Drilling 20522 Hwy 82 Street 1_t. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the 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. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE 7. C • (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, (540 ;Icres) for the well location. } — — — - — 1 MILE, 5250 r -EE T -1 - -j- - - NUH IH SECTION LINE Y LTIIITZII I I Cll11TU CCn Tail n� � iw�L The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. 1 -i— (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 650 ft. from North (north or south) sec. line 600ft from \Jest sec. line (east or west) LOT 1 BLOCK FILING # SUBDIVISION Duplice Subdivision Exempt. (7) TRACT ON WHICH WELL WILL BE LOCATED Owner' Applicant No. of acres 4 Will this be the only well on this tract? Yes (8) PROPOSED CASING PROGRAM Plain Casing 6-5/8 in. from 1 ft to 30 ft 5-1/ 2 in from 30 ft to 100 ft Perforated casing in. from in from ft to ft ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Applicant No. of acres: 4 Legal description: See attached map (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. 2 residences with septic tank/leachfield, irrigation of up to 0.5 acres, commercial greenhouse and nursery, stockwater for up to seven head of livestock (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) West Divide Water Conservancy District contract Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. /C& C,q / C'6C� 3//!/'� S!2i1GATl/RF OF/APPI_IcANI(s) PARCEL lA. DESCRIPTION A -TRACT OF'tAND'. SITUATES ` IN.- PART OF GOVERNMENT LOT 11 AND PART OF THF NW1•/4' OF SECTION: 12,: TOWNSHIP:•6;.SOUTH;.'RANGE.92 'WEST OF THE 6TH. P.M., GARF1ELD,'COUN7,' COLORADO, . BEING MORE :PARTICULARLY.DESCRIBED AS FOLLOWS; BEGINNING AT THE . IORTTH .1/4: -CORNER .:OF SAID SECTION 12; :;THENCE 562'47'057W' 2612.70 FEET,, TO A POINT' ON.:TH . SOUTHERLY RIGHT-OF-WAY UNE OF INTERSTATE 70.. ;. THE ' TRUE POINT OF-BEG1NNIt ;` JHENCrE-ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE ThE. ' - FOLLOWING: COURSES •AND :DISTANCES; • N77103.30'E 84.38 FEET;;' -:THENCE S83 36'59" E 106.00 FEET; THENCE N77703'30'E .405.25. FEET; •THENCE- LEAVING .SAID SOUTHERLY RIGHT-OF-WAY UNE S00'00'00"W' 441.23 FEET; THENCE; N80 53'.5rW- 626.23 FEET; 'THENCE - NT4'50'20'E'215.92 FEET TO' THE TRUE POINT OF BEGINNING. SAID PROPERTY CONTAINING 4700 .'ACRES" AS' DESCRIBED. COUNTY' OF .GARFIELD STATE OF COLORADO asnJba/66696 uoi;wodeng puod Jo; no % (l4) (}} bs) Jo; uoi;eJodena puod (g) 0 o 01— 8 _SO O O _N V S 41 N o 01 00000 O S 0 0 (0 >_ r o d O — ' 'o I; m 0 0 • _ O m 0 () )1301S JO; no % (8) oRsawoa Jo; no % (L) S oaDO O• NO O N (0 D o SO• S 8NS 8 8 i D az OM > 11 C- 7 • m m o oto c c -A. 0 d MI 0 0 0 09 I 39 N 1• D (D IDD O' 0 O S '� m 0 0 0 0 0 0 cocoa O O 00000000o000 tD V O) V W V V Q) V O V 0) V .. 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 'O O N - 0 0 0 0 0 0 0 0 0 0 coo- 000000000000 DOv 000000000000 (71 O O N W W N 0 0 0 0 C.1 W p0 0 V (0 A W U) (0 0) 0 0 0... O 000000000000 O O O O O O O op O O 0 N J J J. J J J ▪ J 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00009000 W N A U) (0)1 A O N O J. bb -a, N J CO CO - J W U) O N U) 1 0 W 0 0 0 0 0 0 0 0 0 0 0 0 W (0 CO V 0 01 01 0 N • O] CO (0 A CO CO — J 41 U) O N 01 0 0 O O O O O O O O O O O O o O o0 000 O 000 O 00 O O0 b.: -.7i (D - • J (0 J (0 J (p J (p J (O O 0 0 0 0 0 0 0 0 0 0 0 0 ▪ 0 0 0 0 0 0 0 0 0 0 (0 0 0 (D - • 0 0 0 0 0 0 0 0 0 0 (D 0 o O o O o 0 0 0 0 op 0 000-•-•NNN_0000 O 0 0 0 0 0 0 0 0 0 0 O0 0 0 0 0 0 0 0 0 0 0 op o o in 0 0 0 0 0 0 0 0 0 0 0 0 0) 0101010101010101010 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 oosA00Lofw 1a U1 J CO 00 1 J W N 0 N 0 -• N 000000000000- W -+ V CO N O (0 A V 0 J N N N V CO 0 -• A A J J O) (O 0 5O 0 0 C 0) N M ID 5j CA O 0 7C m • 01 O = I0 M O m m 0 0) O 0 D N O 0 asnoH uaaJD -13 0 O a O = 0 (D O asn ani;dwnsuoa 96/bZ/50 :31`da (;aa; aloe LI! sanien) • A V M O D m r(11 rnrn `acv D m ...- • to • I. .:"J 1/111%:11Nisralkok ..441.111 RIFLE GAP STATE /;"F RECREATION AREA....r/Gkr 45 ilikk I p. i i 1 t /: ____;.AREA A'.•�__ III :� I , ...zr r- A, c �% I -11. I 24 1 19 I � I II i. 19241 t 1 1 , 1 1 1 1 6 •(-:-' I_--.I--i105:136,7 I 45 1100"-,_'115: 56' 147, 48 1 -I I x`55 50 11; .�13t5 $ 142,1143 1 I I 36 n•1 1 M� 1 ' I•y 312116127 I , i ` 107 1 /� ,28 J 1 ' 138 •I s TL T� 10 1 1 e 1 '' '; : 61 145 1121 15--L-14)-030 ___+.� --- `---- ----� ' • 84 I 146---4.-- -�-J• - I �� 26 ' SILT � ..,r ._101111.-- , �.i. --- 7 1G51 -RIFLE i ---� - 1�-----J' 46=g9' !- --- -- -� 162 I `� � 13 ��iiVl / _" 1 13 ,a`\ I , Ie ,, 13� to I I " _ I I AREA A R92W R91W ( t.kks — , .,, .� 1 --- .64L I-. �\ N� F T. • p 1 10 �_ i 1/r � I 1 I 1 I� E , 1 ` z 1 .% 7% ', 0! . - 1. , , I . 31 1 1 :. 1 DIVERSION -. 1 1 1 / 31 I 1 i.- I I POINT OF 1 Vi I I1 I 1�` 1 1 q 1 (di 1 ri ' '':1 � •t•: 531 _c :i :I- I 011 1 l•� 1 ;143(1°, .Ii • I , Ty -t % 1 I I : : I I.. / i _ , :1 0 •c diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. 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. The 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, (though 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. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and 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 its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove 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. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with this application for consideration by the District. -2- 7• 1 Annual payment Eor the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds Erom such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used Eor the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. 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. 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. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District -3- i determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery 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. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water 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. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre Eeet/acre 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Filing: Should the District, in its own discretion, choose to include Applicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. -4- • • 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the West Divide WaterConservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. APPLICANT: By APPLICANT ARESS: 1204 Grand Avenue Glenwood Springs, CO 81601 STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged be ore me on this // day of t' OK67) , 19 , by Sherry Cale/CL.- • Witness my hand and official seal. / My Commission expires 6/28/99 My commission expires: ORDER c.44€& After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By ATTEST: Secretary President Dat,�,� 3e � )�9t This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- • • GARFIELD COUNTY Building and Planning May 13, 1996 Mr. Walter E. Brown III Attorney At Law P.O. Drawer 2010 Glenwood Springs, CO 81602 RE: Duplice Subdivision Exemption Dear Walt, On Monday, May 13, 1996, the Board of County Commissioners approved your client's request for an extension of time to complete the water supply portion of her petition for an exemption from the definition of subdivision. The meeting has been continued to Monday, August 5, 1996, at 4:00 p.m. If you have any questions, please do not hesitate to call. Sincerely, Eric D. McCafferty Garfield County Planner 109 8th Street, Suite 303 94.5-8212/285-7972 Glenwood Springs, CO 81001 WALTER E. BROWN 111. ATTORNEY AT LAW 1 120 GRAND AVENUE P.O. DRAWER 2010 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-2361 FAX 945-8903 May 10, 1996 Garfield County Planning Department ATTN: Eric 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Proposed Exemption Application for Tamera Duplice Dear Eric: This letter shall serve as a request for an extension of the pending Exemption Application. We are attempting to finalize the water portion of this application. You should receive a letter from Attorney Sherry Caloia regarding what is necessary to do so. Thank you for your consideration. If I can help, please advise. Kindest regard Walter E. Brown III WEB/ds 41'n11�1 % 4:00 1 • CALOIA, Houvr & LIGHT, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT SAMUEL J. LIGHT May 10, 1996 Mr. Eric McCafferty Garfield County Regulatory Office and Personnel Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Tamara Duplice Subdivision Exemption Dear Eric: 11r 1+ L) Cr{lr! 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 VIA FAX Please consider this letter as a formal request for continuance of the upcoming hearing, which is scheduled for Monday, May 13, 1996, for the above -referenced matter. We have not yet obtained the contract and permit required to go forward. We anticipate receiving the well permit in the next 15 days. However, to ensure adequate time, we are asking for up to a 45 -day extension from today's date. Please let me know if you need any additional information, or if we will need to attend the hearing on Monday. Please call me with any questions. SAC:lln cc: Walter E. Brown, III, Esq. Tamara Duplice G:\WP51\DOCS\MCCAF.ILT Very truly yours, CALOIA, HOUPT & LIGHT, P.C. lO Sherry A. ' a oia Form No. ---OFFICE OF THE STATLENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT • pv LIC WELL PERMIT NUMBER 046710 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: A Block: Filing: Subdiv: DUPLICE APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 12 Twp 6 S RANGE 92 W 6th P.M. TAMERA D DUPUCE %CALOIA,HOUPT& LIGHT PC 1204 GRAND AVE GLNWD SPRINGS CO 81601- (970)945-6067 PERMfT TO CONSTRUCT A WELL DISTANCES FROM SECTION LINES 650 Ft. from North Section Line 600 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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 the 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 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #960311TD(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the irrigation of not more than 1/2 acre of home gardens and lawns, the operation of a 5,000 square foot commercial greenhouse and nursery, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 50 GPM. 6) The average annual of amount of ground water to be appropriated shall not exceed 5.0 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit and not less than 600 feet from any existing well owned by others. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. n� X3_96 APPROVED JD2 State Englneer Receipt No. 0397548 By DATE ISSUED JUN 17 1996 EXPIRATION DATE Ul7 1997 MAY -04-98 MON 16:02 WALTER E BROWN III FAX N0. 9709458903 P. 02 STAB COLOPADO 11;r. CCT — 8 1997 i ; I w'It68,C72�, 87d CALOIA & HOUPT, PC. OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866.3581 FAX (303) 866-3589 Travis Thornton Caloia & Houpt 1204 Grand Av - Glenwood Spgs CO 81601 October 6, 1997 Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson Sate EnSmeer RE: Well Permit No. 46710-F Dear Mr. Thornton: Your request for an extension of time to complete the referenced well and put water to beneficial use has been received and reviewed. You are hereby given notice that an extension of one year to June 17, 1998 has been approved by the State Engineer. A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37-90-137(3)(a)(I), additional extensions cannot be approved. Once the well is completed and the permanent pump is installed, well completion and pump installation reports including well and permanent pump test data must'be submitted to this office. After water from the well has been put to beneficial use and prior to the well permit expiration date, evidence of beneficial use must be received by this office. The well owner is responsible for submitting the evidence of beneficial use. A Statement of Beneficial Use form was provided to the applicant when the well permit was issued. Additional forms are available from, well contractors, pump installers, and Colorado Division of Water Resources offices. 1f you have any questions, please contact the Groundwater Information Desk of this office. Sincerely, SMJ/smj Enclosure Sandy Johnson Engineering/physics cience Asst. MAY -04-98 MON 16:03 WALTER E BROWN III Form No. G NS -25 APPLICANT FAX NO. 9709458903 P. 03 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 318 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 046710 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: A Block: TAMERA D DUPLICE %CALOIA,HOUPT& LIGHT PC 1204 GRAND AVE GLNWD SPRINGS CO 81601- (970) 945-6067 PERMIT TO CONSTRUCT A WELL Filing: Subdiv; OUPLICE APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 12 Twp 6 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 650 Ft. from North Section Line 600 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the 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. 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 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #960311TD(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single 'family dwellings, the irrigation of not more than 1/2 acre of home gardens and lawns, the operation of a 5,000 square foot commercial greenhouse and nursery, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 50 GPM. 6) The average annual of amount of ground water to be appropriated shall not exceed 5.0 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. The well shall be constructed not more than 200 feet from the location specified on this permit and not less than 600 feet from any existing well owned by others. The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. r) -, 3yL t s FSM i EXPIFATiON DATE EX T E:SDED TO APPROVED JD2 76 AL StmeEnginew Receipt No. 0397548 '.W x71997 DATE ISSUED JUN 1 7 1996 EXPIRATION DATE , Duplice SB -35 8/5/96 - 6/2/97 This 10 acre tract is located south of I-70, north of the Colorado river, approx. 2 miles east of silt. The tract is relatively level, pasture land and a portion of the tract has previously been raised with filldirt. An access road and the Silt Pump Canal form the southern boundary and another ditch runs along the northern boundary, parallel to the frontage road. The area is predominantly agricultural with a few single family residences located in the vicinity. The applicant proposes to divide by exemption the 10 acre tract into two parcels of 4 and 6 acres. The application does not address it directly, but a well permit for the smaller parcel, as well as the existing zoning, could allow a greenhouse. Staffs research into this application indicates the parent tract was created by an exemption sometime in 1979. Although staff has not been able to uncover a resolution to this effect, further research would indicate that one more exempt parcel may be allowed. Therefore, it appears this request is consistent with Section 8:52 A of the subdivision regulations. The subject tract is located in the A/I zone district and both proposed lots are larger than the 2 acre minimum lot size requirement. According to the floodplain maps of this location, portions of the tract are within the 100 -year floodplain of the Colorado river. The applicant has engaged an engineer to assess the impact of the floodplain on the property, which has been accomplished, with specific mitigational measures specified. According to the engineering analysis, the silt pump canal acts as a dam, which tends to impede water flow across the property. In the western corner, a 36 inch culvert has been installed and above the culvert, an access road tends to act as a spillway when the water level reaches approx. 5450 feet. Using this analysis, the engineering report concludes that the minimum finish floor elevation for structures be no less than 5453.5 feet. I will point out that this application is for a subdivision exemption and this analysis or decision by the Board does not constitute approval of a floodplain special use permit, which would be required if any development is proposed within the floodplain at a later date. The water supply for the proposal would come from individual wells that, at one time, were permitted. There is an existing household use only well on what would be the larger lot and the smaller lot would be served by a recently issued west divide contract and well that allows a water supply for two single family dwellings, as well as the operation of a 5,000 square foot greenhouse. The existing well has been pump -tested at least twice and found to produce between 4 and 20 gallons per minute. Apparently, the well had silted in which resulted in the lower production rate. Given the location of the property, staff contemplates that a physical water supply would be found. It looks like both well permits have expired, thus, staff recommends the wells be repermitted and to comply with regulations, the new well be drilled and pump -tested. The method of waste water disposal would be via ISD systems. According to the SCS, soils are characteristically deep and somewhat poorly -drained. When used for building site development and placement of ISD systems, the soils are considered to have severe constraints. Staff recommends a plat not address these limitations, noting that engineered septic systems are required. Access to both lots has been approved by the state, whereby the larger lot would utilize the historic access and the smaller lot is the subject of a recently issued access permit. The burning mountains fire protection district has responded, indicating the tract is within its district. Additionally, staff would recommend the inclusion of a plat note address wildfire mitigation. All required easements must be shown on an exemption plat, the applicant would be required to pay $200 in school site acquisition fees prior to final approval. The planning department has received photographs from a neighboring landowner, indicating that at certain times of the year, portions of the subject tract may be inundated by water. As discussed earlier, portions of the property are within the 100 -year floodplain of the Colorado River, which is a source of some of that water and it is probable that additional water may be flowing from adjacent land. In my opinion, the subject property is only marginally developable, due to the floodplain impacts. However, an engineer has provided a competent analysis of the site, concluding that portions of the site can, in fact, be developed outside the floodplain. Staff recommends that all mitigation and development of the property be in accordance to the engineering recommendations. Based on this analysis staff recommends approval of the petition, pursuant to the listed conditions STANDARD BACTERIOLOGICAL WATER TEST Colorado Department of Public Health and Environment 4210 East 11th Avenue • Denver, Colorado 80220 PWS ID (970 SAMPL TIME a 4,.. SUPPLYNAME OF L (XRAw ❑ FINISHED TYPE OF SAMPLE COUNTY--(�(-C"P�\& CHLORINE SAMPLER y7� REST UAL n MG/L E PRIVATE '.1'''6\ a%r ' ' `Q' N IP - ) / co e• - ;ADDRESS WHERE SAMPLE WAS TAKEN. PLEASE INCLUDE CIT 11 ECOMMUNITY SUPPLY 0 NON COMMUNITY E ROUTIN 770 REPEAT SAMPLE FOR MONTH OF SPECIAL PURPOSE SAMPLE RETOTURN 74+,r,,, eN.Ck 1-0 ADDRESS 170 31 (0 CITY fUO Q5 Y Q STATE "" ZIP 91(A-1 "NOTE IF ALL INFORMATION IS NOT SUPPLIED THE SAMPLE WILL BE DISCARDED SEE REVERSE FOR TIME LIMITATIONS. SAMPLING INSTRUCTIONS AND DEFINITIONS LAB -MICRO 106 (Rev 4/941 MPN LTB BGB 2+ Hy/ HRS AFFIX FEE PREPAID LAB STAMP HERE (If Applicable) --r0 r -Leal SEE BACK OF THIS COPY FOR EXPLANATION OF TEST RESULTS TEST RESULTS ARE. MEMBRANE FILTER .. ADJUSTED " COUNT COLIFORM/100 MI 0, -,MOST PROBABLE NUMBER ,. MPN COLIFORM/100 ML LABORATORY ANALYST EDENVER DURANGO iy.:1..... GRAND JUNCTION O F. I" Clay. fj� //vUll MElBRA ME FILTER O it AA VERIFIED CALOIA & HOUPT, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON October 24, 1997 Ms. Tamera Foster (f/k/a Duplice) P. O. Box 516 New Castle, CO 81647 Re: Approval of Well Permit No. 46710-F Dear Tammy: 37,157 .or 2..7 1997 ,� I 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Enclosed please find a copy of the extended well permit issued on this matter. I have tendered a copy to the County so they will have it. They tell me that the other well permit had not expired. I will be following up with that one when it is time. Please call with any questions. Very truly yours, CALOIA & HOUPT, P.C. Sherry A. Caloi SAC:sg Enclosure Cc: Mark Bean DUPLICE-ltr-3 1- STATEMENT STONEMAN DRILLING r To: 1550 Co. Road 293 Rifle, CO 81650 STATE LICENSE 78 BONDED WATER WELLS a J TEST HOLES OF ALL KINDS Date SIZE DEPTH CASING I.D. SIZE O.D. FEET PERF. SIZE PERF. WATER LEVEL ESTIMATED CAPACITY PER FT. PRICE 12,)$v fi c F ' -i- DAgLieyza -)ii cw, cote 1 .R/2,1• .0 ^._, ..- Ad/ ,.0 . 411. O'er �.�, :��-A„ :,,,,,•AA . .ILLS ._/ii”: / , ,Iry titILUZ-Z(757-)g Z8'44 a J ' 17 ,i9f---- 9ri 1 .. ,____)v_7_, 7 _ 11/2% interest per month after 30 days. GARFIELD COUNTY SURVEYOR'S OFFICE MAY 16, 1997 GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH STREET GLENWOOD SPRINGS, CO. 81601 ATTN: MR. MARK BEAN, DIRECTOR RE: COUNTY SURVEYOR REVIEW OF THE DUPLICE SUBDIVISION EXEMPTION PLAT DEAR MARK; I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING: 1) THE TIE SHOWN TO THE "TRUE POINT OF BEGINNING" OF PARCEL #2 DOES NOT GRAPHICALLY MATCH THE LOCATION AS SHOWN ON THE PLAT. 2) THE ACREAGE IN THE PARCEL "A" DESCRIPTION IS SHOWN AS 4.00 ACRES WHILE THE MAP GRAPHICALLY SHOWS 3.99 ACRES. 3) THE ACREAGE IN THE PARCEL "B" DESCRIPTION IS SHOWN AS 6.00 ACRES WHILE THE MAP GRAPHICALLY SHOWS 6.01 ACRES. 4) THE DATE IN THE EXEMPTION CERTIFICATE SHOWS 1995 AND SHOULD BE CORRECTED TO 1997. 5) IN THE TENTH LINE OF THE PARCEL "A" DESCRIPTION AND THE TENTH LINE OF THE PARCEL "B" DESCRIPTION SHOW A BEARING BETWEEN THE PARCELS OF S.12°11'25"W. WHILE THE MAP SHOWS A BEARING OF S.12°11'23"W. 6) THE PLAT NOTES, IF ANY, AS REQUIRED BY THE GARFIELD COUNTY PLANNING DEPARTMENT SHOULD BE SHOWN ON THE PLAT. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FR'.E,TO GIVE ME A CALL. S C RELY; CC: DON BAGENT, F.L.S. SCARROW AND WALKER, INC. 818 COLORADO AVE. GLENWOOD SPRINGS, CO. 81601 HAND DELIVERED COUNTY FILES MUEL PHELPS AS GARFIELD COUNTY SURVEYOR County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street , Ste. 210 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 /^<\1/4 Z414C4NELL4 ANn 4S5OCI4TE5, ENGINEERING C0NSULT411TS May 30, 1997 Mr. Eric McCafferty Garfield County Planning Department 109 - 8th Street, Suite 303 Glenwood Springs, CO 81601 (970) 945-5700 (970) 945-1253 Fax NAY 301997 GAFF JEW COUOTTYi4'; Li Via Hand Delivery RE: Tamera Foster (Duplice) Exemption - BOCC Meeting 2/21/96 and 8/5/96 Dear Eric: Zancanella & Associates, Inc. has been requested to investigate potential flooding concerns raised for the proposed Duplice Subdivision Exemption located near Silt, Colorado. Water ponding on the property was noted by an adjacent landowner as represented by pictures on file with the planning department photographed in April of 1996. Additionally, upon review of the property it has come to our attention that the property is within the 100 -year floodplain for the Colorado River. We have conducted engineering investigations related to local "on-site" drainage patterns as well as identifying building envelopes related to floodplain limitations. This letter has been prepared to summarize our investigations. The property consists of approximately 10.0 acres and is proposed to be spilt into two parcels varying in size between 4.0 and 6.0 acres. The property is located in NW1/4 of Section 12 Township, 6 South, range 92 West of the 6th P.M. approximately one and a half miles east of the Town of Silt as shown on the attached general location map (Figure 1). The property currently does not have any structures and has historically been utilized for agricultural purposes. Site visits have been conducted in September of 1996, April of 1997, and May of 1997. The property is bordered on the north by a concrete irrigation ditch lateral that runs in a westerly direction, on the south by the Silt Pump Canal, and on the west by a drainage channel as shown on the attached property schematic (Figure 2). The area near the canal sits on a bench approximately three feet lower than the rest of the property and includes three small ponds and a drainage ditch. This area drains to what is the current natural drainage channel for areas north of the interstate. This channel is located west of the property and discharges through a culvert under an access road of the Silt Pump Canal. Based on the disturbed soils, it appears that the culvert has recently been replaced as also evidenced by a damaged 36 -inch diameter culvert on site. Page -1- Local Drainage During the most recent field visit (May 28th), water was observed ponding on the property in the lower bench area similar to what was shown in the 1996 photographs. We observed the culvert under the Silt Pump canal to be operating near capacity under submerged flow conditions causing a backwater affect flooding the lower bench area on the Foster property. Based on the vegetation in the backwater areas we believe that the ponding has not been an historic condition which has existed since the construction of the canal in the mid 1960's. The recent backwater affect could either be caused by increased flows in the area tributary the natural drainage or by a reduction of capacity of the new culvert. A blocked culvert would back water up to the elevation of the canal access road which is approximately 1 -foot higher than the current water elevations at the property. The flooding from such an event would however be less than the 100 -year floodplain elevations at the site. We believe restrictions placed on the subdivision by the floodplain, as identified in this letter, will protect the proposed structures from any development from any existing ponding or potential future 100 year flooding. The second area of local drainage concern noted at the property is the potential inflow of flood irrigation water from the adjacent property to the east. The topography in this area forces water to flow in a southwestern direction as shown on Figure 2. We understand that fill material has been placed along the eastern property boundary to direct the irrigation flows to the drainage ditch on the southern end of the property. We recommended that a drainage ditch or swale be constructed between the fill area and the property boundary. The new drainage ditch has been constructed and field has been observed in the field to be operating properly. We have also recommend that the drainage ditch on the southern property boundary be cleaned due to years of low maintenance. This ditch cleaning has also been completed. 100 -Year Floodplain Inspection of available floodplain mapping from the Garfield County Building and Planning Department has indicated that a portion of the subject property is located within the 100 -year floodplain (Zone AE). The mapping was prepared as part of a joint study conducted by the U.S. Army Corp of Engineers and Colorado Water Conservation Board in approximately 1987 and is currently used by the county for floodplain management. The analysis utilized hydraulic modeling software and topography developed from 1982 aerial photos. We understand that the results of the analysis were not finalized in standard floodplain mapping panels typically prepared by the Federal Emergency Management Agency as part of the National Flood Insurance Program. Page -2- The available 100 -year floodplain mapping and water surface elevations near the property are shown on the attached Figure 3. As can be seen on Figure 3, the area upstream of the property has bank overtopping occurring along the Colorado River. The 100 -year flood flow exceeds the carrying capacity of the main river channel in this area resulting in shallow "flood fringe" depths. Upstream of the diversion point for the Silt Pump Canal the flood flows on the north side of the river channel are less than one foot of depth. Near the diversion of the canal (water elevation 5454) the depth is approximately 0.2 feet. The upstream canal bank at this location forces a portion of the 100 -year flood flows towards the subject property. The canal embankment acts as a restriction forcing the waters trapped behind the canal to stay higher than the main flood flow being carried in the main river channel. The approximate property location and floodplain limits are shown on Figure 4. The 100 -year floodplain should be identified on the subdivision plat. The water trapped behind the canal embankment flows in a northwesterly direction until it reaches the open natural drainage channel. The drainage channel is carried through a culvert under the canals access road as discussed previously. The area near the road controls the discharge back to the lower river water surface elevations. We believe the area behind the canal acts as a separate stream channel from the main Colorado River channel with inflow controlled by the upstream diversion above the Silt pump Canal and outflow controlled by the access road elevations located to the west of the property. Flood flows through the eastern portion of the property will have channel flow characteristics while the western area would experience a ponding effect. Future activities around the Silt Pump Canal should be monitored to insure negative affects to the floodplain (placement of additional fill) does not increase water elevations. It is our opinion that portions of the floodplain at the property are within the "flood fringe" area (less than 1 -foot of depth) and can be filled without affecting the water surface elevations of the 100 -year floodplain. We have identified these limits on Figure 4. Any structures constructed in these areas will require the placement of fill up to the floodplain water surface elevation. We recommend that structures constructed at the property should have a minimum floor elevation of 5453.5 feet. To insure that the placement of fill in the floodplain on Parcel B (east lot) does not create a backwater effect to the upstream land owner to the east, we recommend that any fill placed in the floodplain be borrowed from the area south of the fill zone. This will offset any cross sectional flow area lost to fill to be made up from the excavated area. We believe additional options exist at the property for improving the developable area but would require a more detailed hydraulic modeling analysis which is outside the scope of this review. Page -3- Conclusion Portions of the Foster property are within the 100 -year floodplain as a result of bank overtopping of the Colorado River. We believe there exists additional areas within the floodplain at the property which could be developed if desired by the property owners. These areas are within shallow flood fringe depths and would require the placement of fill to elevate any structures above the floodplain elevations. The lowest floor for any habitable structures at the property should be constructed at a minimum elevation of 5453.5 feet (no basements). Following conditions outlined in this letter, we believe there would not be any adverse effect to the existing floodplain water surface elevations resulting from placement of fill in the flood fringe areas. Additional areas could be potentially developed at the site but would require a detailed hydraulic modeling analysis. We believe that with proper maintenance of the drainage ditches at the property and a properly functioning culvert under the Silt Pump Canal there will not be chronic backwater flooding problems like those experienced recently on the lower bench area of the property. In the event conditions were to remain the same, or if backwater conditions were to increase as a result of the Silt Pump Canal access road culvert becoming plugged or partially blocked, the restrictions imposed by the 100 -year floodplain limits would protect any structures from localized flooding conditions. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Christopher Manera, P.E. Encl. cc: Ms. Tamera Foster Ms. Sherry Caloia L:\96338\GarCo2.wpd Page -4- )uplice Subdivision i "n00�\f V o ' r. a r�, --- t) N v• CD CD V (, CD HINDS 4.. Silt• • .II /II I II II Rio GR?� IVs AND •... %.... _LOWER""/ Approximate Pro • ert Location Silt Pum Canal J1 r.= 6m • 11 II I . it II Scale 1" = 2,000' 1 - o 1 5p0 IIpITGH —114 r II II/1/W • General Location Map SCALE. •- 2000' DRAVN BY. CM DATE. May. 1997 SHEET 1 OF 1 CHKD BY. CM APPD BY. TAZ PLAN NO. 98338\F1g1 ZANCANELLA AND ASSOCIATES INC POST (*TICE BOX 1908 - 1036 COOPER AVV&IE QE11M1 OCI SPRINGS. COLORADO 81002 (303) 048-57Oo FIGURE NO. PROJECT. 96338 ANC IMELL4 4t40 4S5OCL4TE5 Project !)yire e}C9mpT;o11 ENGINEERING CONSULT4NT5 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Phone (303) 945-5700 • Fax (303) 945-1253 Work Item DtGt n60 J Sheet / of I Date y - )7 -97 By j/ r__v 1-70 Fro _4,aiy. , P-41, �+ x r, x x x y x X y • �--- • �---•- •-' �-- l on t,c.,tclr_ Srr:5aiD i ►on c,hs t � LIA,coA. 1- • -___. • ._ PP, L. cue 4.0m -1-1.00t i W tic SQUIlsei\ DTtriAt{:�_ ■ Lei, Ovenck nfc°‘illkre,_ ri• Vete�-t 4 or wtis -h, bd.. rundve,ik 2 Li;4-h ivko4inAtilggtt_ 1 3 to b _C-on��Med 7111 II1.1 r I I ;: y avCZ v iv ,4t5 f SbS .v' voz • b'fS9 S•699C x 9 b -b :66 •am` 19'0 4 ZZS 9 19 DS 696 O1 -.DDS ) ' 741.. i N o6 o 1I 55'56 /i 8F ..ice .1 Siss- • \�' Y60 Figure 3 Duplice Subdivision Exemption Floodplain Mapping Available From Garfield County Zancanella & Assoc. Inc 5/97 #96338 td D --I P1 3 td D -< CJ M 0 td 2 D td MI td 0 n C K by (o w w a n 1- 3> z z 0 • II N 0 0 ti 0 D r rri d D P1 K 0 c< (0 c0 V 0 0 I I CD 0 CD -o 73 0 P1 0 co 0) w W Co -1a4SOd t JOWDi 4:. 'ON 32if19I3