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HomeMy WebLinkAbout2.01 BOCC Staff Report 08.05.1996BOCC 2/21/96 8/5/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Tamera Duplice LOCATION: A tract of land located in Section 12, T6S, R92W of the 6th P.M.; approximately two (2) miles east of Silt, south of Interstate 70, along the I-70 frontage road. SITE DATA: 10.0 Acres WATER: Individual wells SEWER: Individual sewage disposal systems ACCESS: I-70 Frontage Road EXISTING ZONING: A/I ADJACENT ZONING: A/I I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located within District D - Rural Areas/Moderate Environmental Constraints and District F - Floodplain/Severe Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map. I1. DESCRIPTION OF THE PROPOSAL A. Site Description: This 10.0 acre tract is located south of Interstate 70 and north of the Colorado River, approximately two (2) miles east of Silt. The tract is quite level, pasture land with an existing well and the extreme eastern portion of the tract has been raised with fill -dirt. An access road and the Lower Cactus Valley Ditch run along the southern property boundary and another ditch runs parallel with the frontage road, along the northern edge of the tract. See vicinity map, page i; . B. Adjacent Land Uses: The area is predominantly agricultural; however, there are a few single family homes scattered in the vicinity. C. Proposal: The applicant requests to subdivide, by exemption, the 10.0 acre tract into two (2) parcels of 4.0 and 6.0 acres. Although it is not explicitly stated in the application, the existing zoning and the recently issued well permit would allow single family dwellings on both parcels and a 5,000 square foot greenhouse on the westerly parcel. See sketch map, page III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (l) lot, parcel, interest or dwelling unit limitation otherwise applicable;" It appears the subject property was created, in 1979, from a larger tract by an approved exemption. Research by staff has not been able to uncover a Resolution for this exemption; however, the Planning Department does have a file and correspondence indicating the approval of the request, creating three (3) parcels of 10, 10 and 22 acres. A check of Assessor's records indicates no other exemptions have been sought on any of these lots; therefore, it appears this request complies with Section 8:52 (A) of the subdivision regulations. See deeds and supporting information, pages � 0 . B. Zoning: The subject property exists within the A/I zone district, which designates a minimum lot size of two (2) acres. All proposed lots are in excess of this minimum lot size requirement. Given the location of the subject property, floodplain maps were consulted and it appears the property 's not within the floodplain of the Colorado River. See floodplain map, page ' C. Water: The water supply for this proposal would be individual wells that have been permitted by the State Engineer's Office. The larger lot has an existing, household use only well (See Permit No. 177828, page 1 ) and the smaller lot is the subject of a recently issued pen -nit that would allow for up to two (2) single family dwellings and th operation of a 5,000 square foot greenhouse. See permit No. 046710-F, page . When the existing well was drilled, it was found to produce a sustained yiel of 60 gpm, during a 4.5 hour test, so it appears that ample, physical water exists. See pump test information, page J . As a condition of approval, staff recommends that the well on the smaller parcel be drilled and pump -tested, prior to final approval. D. Sewer/Soils: The method of waste water treatment is proposed to be the use of individual sewage disposal systems. According to the Soil Conservation Service, soils on-site are predominantly of the Wann sandy loam classification, characteristically deep and somewhat poorly -drained. When used for building site development and placement of ISD systems, these soils are considered to have severe limitations, chiefly due to excessive wetness. Staff suggests a plat note be included to address these limitations. E. Access: It appears access has been granted to the 0.0 acre parcel by the Colorado Department of Highways. See permit, page . Both proposed lots would be accessed from this singular access point; there ore, it will be necessary to develop easements for the access and be shown on an exemption plat. F. Fire Protection: A letter from the Burning Mountains Fire Protection District has been submitted with the application, indicating the property is within the fire district. See letter, page. Staff recommends the inclusion of a plat note to address wildfire mitigation. G. Easements: Any required easements for drainage, utilities, access, water supply, etc., will be required to be shown on the exemption plat. School Impact Fees: The applicant will be required to pay school impact fees of $200, for each lot created by this exemption. Potential Road Impact Fees: Upon the adoption of a road impact fee, the lots created by this exemption will be subject to paying that fee; paid at time of building permit application, paid by the building permit applicant. This provision shall be included as a plat note. Comments Received: A neighboring landowner has submitted photographs, dated April 14-16, 1996, showing a substantial amount of water standing on the property. As mentioned earlier, the floodplain map for the subject area does not show this parcel as existing within the floodplain of the Colorado River. Staff has attempted to ascertain the origin of this water and the nature of the flooding. Given the topography of the site, it is staffs opinion that the water is originating from the irrigation ditches that flow along the northern and southern portions of the tract and from adjacent land to the east. Staff does have concern that this situation is a chronic, yearly occurrence, and if not adequately mitigated in specific terms, severe problems could arise. Staff recommends that a qualified engineer evaluate the site and propose specific mitigating procedures that would enable development of the site. Given the nature of the water on the site, staff suggests this be done during the high-water season when water is standing on the site. According to the date on the photographs, this should occur around the middle of April or when standing water is identified on the site. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends the public meeting be continued to allow the petitioner time to have an engineer evaluate the flooding situation specific to the subject property. Upon the applicant satisfactorily demonstrating the above or if the Board feels that all questions have been answc1-ed, staff recommends APPROVAL of the application, pursuant to the following conditions: That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. A Final Exemption Plat shall be submitted. indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way. and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of all exemption parcels. That the following plat notes be included: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Upon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, an I.S.D.S. design, and a grading and drainage plan prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such measures, which shall be a condition of the building permit." "No further divisions by exemption from definition of subdivision will be allowed." A\ The control of noxious weeds shall be the responsibility of the landowner. // The applicant shall receive any necessary driveway permits, for each lot created, from the appropriate authority. Criteria for demonstrating the quality, quantity and dependability of a well or a well system: 1 a) A well be drilled and a 4 hour pump test shall be performed; b) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; d) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; e) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. That the petitioner engage a qualified engineer to evaluate the nature of the flooding on the parcel and designate specific mitigational criteria that would allow development consistent with the existing zoning. This shall be completed prior to the authorization of an exemption plat. crTl n u�� Oc-i- 6c n 191 _ 5 2 00 pi i iI I Filed for record the day of ,A.D. 19 , at o'clock 1. Reception No. RECORDER. By DEPUTY. THIS DEED, Mede this day of JUne 01, 1994 between GD:RCM F. FIELDS of the County of GARFIELD and State of Colorado of the first part, and IAMERA D. DUPLICE Flinn STAMP 1219 116 ROAD whose lege( address Is GLENWOCD SPRna3�Bll_�o81601 of the County of t.� RFIDand State of Colorado, of the second WITNESSETH, That the said party of the first part, for and In consideration of the sum of (****S42,000.000 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 GARFIELD and State of Colorado to wit: E SEE U '721IT nt ATTACKED HERETO AND MADE A PART i:ERDOF: ALSO CONVEYED, WITHOUT WARRAN'T'Y, A 60 CPM WELL. also known as street number VACANT LAND TOGETHER with all and singular and hereditaments and I,Fpurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder end 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 eduity,of, in and to the above bargained uremises, with the hereditaments and appurtenances. TO HAV: .'J:0 TO HOLD the said premises above bargained a.d described, with the appurtenances, unto the said party of :he 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 agrre to end 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 end lawful authority to grant, bargain, sell and convey the some 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 SUBSEOUENT TEARS, 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. %j' STATE OF COLORADO County of GARFIELD ss. The foregoing instrument was acknowledged before me on this day of Tune 01, 1994 by GEORGE F. FIELDS My commission expiTes'DeCallber 23, 1996 Witness my hand and official seal. 5 . 9/. Form WD WARRANTY DEED''=' For Photographic Record CW2604.2604 GW2604 ( Notary •ublic (SEAL) (SEAL) (SEAL) 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 COLnRADO =__ A F -P,2 7 '94 02:43 PM 820H0P1 CONS 1 RUC 1 l Ilt! GARFIELD COUNTY BUILDING AND PLANNING April 13, 1994 George Fields 3220 Howard Court Clifton, CO 81520 Dear Mr. Fields: Poye Based on the Garfield County Board of County Commissioners minutes of September 10, 1979, it appears that the Board approved an exemption from the definition of subdivision to create three tracts of 10, 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 verify the action. Regardless, it is apparent that the 10 acre tract you purchased from Mr. Peterson is one of the 10 acre tracts approved by the Board in 1979. Based on the above statements, this orrice can issue building permits for structures allowed in the Agricultural/Residential/Rural Denity zonedistricl. lfyou have any additional question,, you may call or write to this ollice. Sincerely, /jai �w'1•�-.�. Mark L. Bean, Director Building and Planning M LB/;a Post -It ` brand lax t)ansm tial memo 7671 . of p.ge6 -.4' • Phone 4 Fax r Dart Fa, w t% /, t 109 8TH STREET, SUITE 303 - 945-82121025-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 8160 .ORt2 CONTRC Z r-' o •T u L z " • a N O ¢ a 0 t L 000'CC9 N ot 0 .Jr.FOUtiO 1:7r U� 8 u Z O u z W W n � Y m � •cT U J ‘1'22 7 O 0 o Cc a I/nu1 ▪ 0 O 8 COLORADO RIVER AND T GARFIELD 6 MESA COUNT!! Z 0 SEO-u1TP DIV 5 TEL :50-3-945-5665 Feb 16 96 11 :24 No .003 P.04 WATER RES. TEL:303-866-3589 Feb 16 96 9:41 No,008 P.04 Form No. OFFICE. OF THE STATE ENGINEER GWWS.26 , COLORADO DIVLSION OF WATER RESOURCES 616 Centennial Bldg., IJ13 Sherman 81., DEN*, Ooiorseo &240 C3031864-3,381 APPLICANT GEORGE F FIELDS 3220 HOWARD CT CLIFTON CO 81620 ( 303)434-1412 LIC WELL PERMIT NUMBf 177h28 DIV. 6 GNTY. 23 WO. 39 DES. BASIN MD Lot: 1 Biopic Filing: BubdN: PETEABON EXEMPTION APPROVED WELL LOCATION( GARFIELD COUNTY SW 1/4 NW 1/4 Section 12 Twp B S RANGE 92 W 6th P.M. DCPAMSION OF USE OF AN EXISTING WELL ;I$TANCES FROM SFCT(9N LINES 1425 Ft. from North Section Una 1200 Ft. from West Section Line ISSUANCE OF TH18 PERMIT DOE3 NOT CONFER A WATER RIGHT CON _0P APPROVAL, This wall shall be used In such a wiry 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 preakxie another owner of a vested water right from croaking renal Ina 0v4 court action. 2) The conntn,cllon c rbcs wall shall oe In compliance with the Water Wel Conetruotion and Pump Instat{atlon Rules 2 CCR 402.2, unieva approval of a vaianoe has been granted by the State Board of Examiners of Water Wall OonstruaIon and Pump Installation Contractors In iccordance with Rule 17, 3) Approved pursuant to CRS 37-92-602(3)(b)(f) and the August 30, 1979 letter from this office to the Garfield County Planning Department regarding the Peterson Exemption. Approved as Ina onty wall on a treat of land of 10 acres described as that rx+r'tlon of rhe NW 1(a of Ben, 12. Twp. 6 South, Rng, 92 West of the 6111 P.M., Garfield County, being more particularly described on the attached taxhiblt 'A' as Treat 1 of the Peterson Exemption. t) Approved for the expansion of use of an existing wall, constructed under permit no. 108197 (canceled). The iasuenoe of thla permit hereby cancels penmlt no. 108197. 6) Tarr use of ground water from thls well Is Ifrmltod to firs protec.-tian, ordinary household purposes Inside one (1) single family dweiltng, the Irrigation of not more than one (1) sore of tome gardens and fawns and the watering of dornestb A*ntils, 6) The maximum pumping rate shall not exceed 16 GPM. 7) Thls well shall be located not more than 200 NMI from the location spootflod on this pormlt. ("I)5-9 t APPROVED JD2 ww inglnM: laeoeipt No. 0387720 DATE I8OUED -vr7 !fry EXPIRATION DATE MAY 10 1996 Form No."—JFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT 's GOPY LIC WELL PERMIT NUMBER 046710 -F___ - DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: A TAMERA D DUPLICE %CALOIA,HOUPT& LIGHT PC 1204 GRAND AVE GLNWD SPRINGS CO 81601- (970)945-6067 PERMIT TO CONSTRUCT A WELL 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. 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 ii to State Board of Exat t �;r- ers of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construcl.on 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. 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. a_D 6 -13-96 APPROVED JD2 -13- State En©ineor Receipt No. 0307548 nATF I I I kl 1 -7 inns ��----moi By ink- ^ n'M vntf A'Tt lAt r,�rr— Jnk- 7 lon-1 October 7, 1996 Garfield County Commissioners 109 8th Street, Suite 300 Glenwood Springs, CO 81601 4 Re: BOCC 2/21/96/BOCC 8/5/96 meetingS - Tamera Duplice SB35 exemption from the definition of subdivision regulations, project information and staff comments. The Honorable County Commissioners of Garfield County, Colorado: This letter is informational in advance of the next BOCC hearing scheduled October 14, 1996 at 2:00 p.m. and is an effort to address the issues that were raised during the hearing of August 5, 1996. My absence at the August 5 hearing was due to circumstances beyond my control but I was represented by Walter E. Brown, III. Multiple complications and cash flow constraints caused by my pending divorce proceedings are making it very difficult to comply with the requests of the Commission in this matter prior to the October 14 hearing. It appears the issue of most concern to you is the standing water in the photographs mentioned in Section III (J). During June and July of this summer, it was necessary for me and my children to live on the subject property. It became clear at that time and since, that Peterson's irrigation water was running in great excess all over my property as well as on his. None of his ditches had been maintained other than to dam the ditch to flood his property. There was no apparent effort made by him to control the water directing it to the ditch on the south side of our properties. We cleaned the cement ditch in order to receive my share of the water. This ditch runs the full length of both properties on the north side. It appears the lack of maintenance of the ditch is historic and flooding from the ditch has occured on both his land and my property for many years. The subject photographs were taken during high water in April. Due to the silt deposits from lack of ditch maintenance, the water appears to be standing because there is no ditch to carry it off at the present time. Mitigation of this problem will be the restoration of the ditch lines and increasing the pond surface area and depth. The fill dirt I used for the access road actually mitigates part of the problem because it diverts his water to the south ditch then to my ponds and then to the river. I have watched this property for two years so I am aware of the changing conditions caused by the water overflow. It is possible to regenerate this land and make it a viable and useful piece of land but it will take a good amount of cooperative effort, time and expense to solve the water problem. I have the expertise and the time to mitigate the water problems but the money it will take is not available at this time due to the divorce proceedings pending between myself and my husband. My assets will not be freed up until that matter is completed. I have attached a historical description of my activity on this land for your information. Although detailed, it will furnish you with some idea of the problem and what I have done to mitigate it. Sincerely, Tamara Duplice Section III A - Subdivision, Exemption, Purchase and Duplice SB35 Filing History. I contacted Brent Peterson shortly after he obtained the property upon his father, John Peterson's, death and subsequent to closing on my property. George Fields was the prior owner of the subject 10 -acres and he obtained it when John Peterson subdivided it. Brent informed me that the property had not been plowed or used except for cattle grazing since he was a teenager. He told me this when I decided to fence off my property from his cattle use. I was unsure if there was another source of water for the cattle other than the ponds on my property. I wanted to make the land use change transition as smooth as possible by giving enough notice so Mr. Peterson could make other arrangements to supply water for his cattle. Brent informed me there was no problem since there was access to the river. The access onto the properties is a joint access with 20 feet on Peterson's property and 10 feet on mine and sets in the right-of-way of the Grand River Ditch Company on state property. In the process of the purchasing my property, I discussed with John Peterson the possibility of getting a legal joint right-of-way on this access. He stated the six-inch pipe going from my head gate to where it empties into the concrete ditch is also in that right-of-way. This pipe carries my one share of water to my property. Therefore, he stated, there was no problem with my using it. He suggested that if I finished putting that underground pipe to my property, I might have enough pressure to run a sprinkler system. The shared the access has not been pursued since his regretful passing away. In October 1994, I erected a fence across my far eastern property line. Then I rented out pasture to make the property pay for itself. At this time I began receiving daily phone calls (more frequently at times) from Brent Peterson complaining that the animals were not being fed - that he was feeding them or they had gotten out. He told me I was responsible for the abuse of the animals or would be liable if they caused an accident. He also said that he had never seen anyone there feeding the animals and was going to inform the sheriff of the alleged abuse. On each of these complaints I called the lessor inquiring about the care of the animals. The lessor informed me that he trucked the hay into the animals daily so storage on the property was not necessary. He stated he was not about to "...change his feeding times to accommodate a nosey neighbor that didn't have enough to keep himself busy to keep him from interefering with other people's business." These complaints and interchanges persisted for about six weeks and I made several personal trips from Glenwood Springs to the property to make sure the animals were being fed. I checked for fence holes for the protection of Mr. Peterson's calves and to keep my lessor's sheep from escaping or getting hung up in the fence. There was always evidence of the animals being fed because of the tracks of hay on the property. There was plywood placed at the bottom of the gate and fence where it crossed the ditch on both north and south to keep the animals from any chance of escape. My lessor found another pasture for his animals since he "...never has as much trouble pasturing them before..." nor had he ever been accused of abusing his animals before." It may be necessary for you to know the historic problem with Brent Peterson in trying to use my property. Every Spring and Summer from 1994 to 1996, the concrete ditch across the Peterson property and my property has been cleaned by myself and my sons in order to irrigate for pasture grass or for a crop. Knowing the history of the flooding and the obvious condition of the property, I needed to learn the flow of the water and what needed to be done to control it properly. I had scattered pasture grass seed together with placing grass plugs from another pasture to see what would grow. At summers end I had tall grasses mounding and a fair stand of cattails that had drifted onto my property from the stand developed by a beaver dam at the culvert which allows the water to go to the river from Silt Mesa on the west end of my property. We did our best to discourage this blockage by constantly breaking down the dam without success. This backed -up water along with the deposit of silt and the historic lack of care that the existing drainage ditches received created a large spill over onto my property. This problem did not exist in 1994. All the above is what prompted me to make plans to redevelop the existing ponds, drainage ditches, access roads and to improve the percolation of the soil by changing its disposition, texture and elevation with additives and use. It was decided that we needed to turn in mulch, gypsum and fertilizer to lower the PH factor while loosening the compaction of the soil over the next few years. Farming equipment was purchased for this purpose. At present I cannot use this equipment until my divorce proceedings are complete. A series of five -gallon fruit trees were planted along the fence line. A driveway was placed with fill -dirt onto the property so we could begin the restoration process as well as create a diversion for moving the runoff water back to the original runoff ditch. There was, at one time, a house on the property that must have burned or was demolished so we cleaned up that area saving the stone, brick and truss' to use for an out building or hay cover. The driveway back fill was taken to the edge of the original ditch line on the south side of the property to raise the north edge of the ditch level that had eroded from lack of care. This drive will be approximately 24 feet wide. A series of culverts is planned to be placed in the south ditch to allow access to the road that will be redeveloped for utility maintenance. Enough fill was brought in to raise the elevation of the land to possibly build a house or modular next to the east pond. We started to redevelop this pond to contain the runoff water from the Peterson property and redirect a controlled flow to the west end of my property into the ditch that carries the Silt Mesa water to the Colorado River. We were informed that we needed to obtain a permit to continue work on the pond so work was tentatively postponed until the Spring of 1996 for further planning and gathering information on the need and how to apply for a permit. The beaver continued to be a problem so I talked to the Public Service Employees that work at the pump station located on the Lower Cactus Valley Ditch System to see if they knew who was in charge of the care of the ditch where the beaver were causing the problem at the ditch culvert. They referred me to the U.S. Bureau of Reclamation who told me that the land was part of the meandering river property deeded to the B.L.M. by John Peterson when he subdivided. Since he retained the right to use it, the responsibility was his to maintain the ditch. My divorce status has made it impossible to continue with my plans to subdivide and redevelop the property this spring and summer. Mr. Peterson's constant deluge of water has not been any help either. It is his right to flood irrigate even to the detriment of his own property. My sons and I, armed with hoes and shovels, could not control the amount of water pouring in on our property. This deluge was so severe that the pump plant people had to bring in equipment to clean out the ditch to save the plant from flooding. This really helped me since it gave a place for the water to go and the beaver moved on. Section III C - Water There has been a permit issued to drill an individual well named, "Duplice Subdivision Well 'A' located on the proposed four acre tract. However, as I mentioned previously my assets and funds are unavailable at this time to drill the well. The well permit was issued to drill but I will need an extension until my funds are available and can move to comply with the condition to drill, water test and pump -test the well for final approval. Section III D - Sewer/Soils The issue of the wetness of the soil for the use of I.S.D. systems should become less of a concern as the characteristics of the soil changes with the addition of mulch, decomposition and usage. It has been my experience with poor soil from my floral landscape work that as the soil improves in quality, production and use, it tends to have a natural rise in elevation and less compaction which allows for better percolation of water and air through the soil. This process alone leads me to believe that it would be reasonable to expect the same in this situation. This would allow for better leeching of the I.S.D. systems. Section III E - Access A road cut access permit has been issued by the C.D.O.T. for accessing the four - acre tract. I do not have the funds available to put the access into place at this time. The access being least costly, I would strive to complete it first. This would eliminate the need for easements for access. Section III J - Comments Received As I had addressed earlier in this information letter the water standing in the photographs submitted by a neighboring landowner shows there was a problem with the water standing for the 1996 spring and summer. In the past there has been occasion of water not passing through as it should caused by lack of care and natural causes such as the beaver. With the increasing knowledge I am gaining, I have become aware that I will need to make the ditches deeper to accommodate the excess water flow. The plan I had originally had to address the poor soil condition and water when running off another property were as follows: SUMMARY OF PLANNED MITIGATION 1. Restore what appears to be the original roadways from the highway access along the east and south fence lines to access for ditch/fence maintenance and utility servicing. 2. Reestablishing desired ditch lines on the south end of the property that were established at one time by increasing their depth, the use of fill -dirt and culverts for crossing the ditches to enable the flow of water from the neighboring irrigation runoff. 3. Increase the depth and surface area of the ponds allowing containment of excess water and continued natural runoff to the Colorado River through the Lower Cactus Valley Ditch system on the west end of my property. 4 Use of back -filling to create desired containment of the ponds, roads and ditches to service my needs and carry off excess water. The intended increased size of the ponds locations also happens to be where the standing water is in the photographs. However the areas where the water stands next to the fence line is where the old road has erooded and will be redeveloped. 5. Increase the composition quality of the soil with adding items such as mulch, compost, gypsum rock dust, fertilizers, etc.. To this end I have begun to receive the materials from saw mills, tree removal contractors, and animal stables in the area. The stable refuse is important in both the ease of decomposition as well as its acid content to balance the PH factor of the soil while fertilizing it at the same time. As the soil improves , I expect an increased soil elevation of at least one foot or more over a period of two to four years. This is based on what happened with the random scattering of grass seed and plugs as they took and grew. There was the effect of mounding where growth occurred. I plan to control this mounding effect by plowing and tilling in the organic materials. This will also eliminate the low areas for water to stand in. 6. Control the over flow of water from the west end of my property with the use of fill dirt and rocks to increase the height of the present ditch banks. This would prevent flooding of any structures that may eventually be erected on either of the proposed tracts. With the increase of soil quality and elevation either through fill -dirt or natural causes, I believe this should eventually remedy the standing water problem. Your request for me to have an engineer evaluation during high water can only be accomplished during Springs thaw which make it impossible for me to comply at this time. It should be highlighted that the complete planned mitigation process will take a three to five year time frame to see any results given the conditions that exist and the availability of refuse for decomposing. Respectfully, Tamera D. Duplice Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DMSION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Q TS COPY LIC WELL PERMIT NUMBER 046710 DIV. 5 CNTY. 23 WD 45 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: DUPLICE 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 CONDf1lONS 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 WeII 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. 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. J) /3-96 APPROVED JD2 State Engineer Receipt No. 0397548 DATE ISSUED JUN 1 7 1996 EXPIRATION DATE JUS' I 7 1997 SH No/MP/Side: 70N/099.050/RIGHT COLORADO DEPARTMENT OF TRANSPORTATION Local Jurisdiction: Garfield STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 03/32/10 DOT Permit No.: 396114 Permit Fee: 100.00 Date of Transmittal: 06/25/96 THE PERMITTEE; APPLICANT: Tamera D. Duplice Tamera D. Duplice P. 0. Box 516 P. 0. Box 516 New Castle, CO 81647 New Castle, CO 81647 Tamera D. Duplice - (970) 945-7800 Tamera D. Duplice - (970) 945-7800 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 Coce and listed attachments. Tht(s 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-of-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. LOCATION: On the south side of Stat, highway 70 Frontage Road, a distance of 264 feet east from Mile Post 59. ACCESS TO PROVIDE SERVICE TO: PERCENT Single -Family Detached Housing (2 Each) 50.00 0 Nursery(Garden Center) (2 Acres) 49.00 a General Light Industrial (4 Acres) 1.00 96 OTHER TERMS AND CONDITIONS: SEE ATTACHED SHEET(S) FOR TERMS AND CONDITIONS MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. 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 accordance with the terms and conditions of the permit prior to being used. The permittee shall notify John Smith with the Colorado Department of Transportation in Grand Junction at 970-248-7360 at (east 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitt•d access and haye full authority to accept the permit and all it's terms and conditions. Permittee (X) o,vv�2,,--c:, k.. (--) Date This permit is not val'. until signed by a duly authorized representative of the Department. DEPARTM •. OF "A : • a RTATION STATE OF COLORADO 7 i /c? By (X) iPDate / - T -(' Title Access Coordinator (Date of issue) equired; L.— Make copies as necessary for; 1. District (Original)— Local Authority Inspector 2. Applicant ✓ MICE r' 'aik Traffic Engineer 9 4'alr pnw Previous Editions are Obsolete and will not be used CDOT Form #101 7/91 DATE: June 17, 1996 ACCESS PERMIT NUMBER 396114 - SHEET 2 ISSUED TO: Tamera D. Duplice TERMS AND CONDITIONS 1 If there are any questions regarding this permit, please contact Charles Dunn at (970) 248-7234. 2. The Permittee shall refer to all additional standard requirements on the back of this permit and any enclosed additional terms, conditions, exhibits and noted attachments. 3. This permitted access is only for the use and purpose stated in the Application and Permit. 4. Water, sanitary, sewer, gas, electrical, communication, landscaping, and telephone installations will require individual additional permits. 5. The Permittee is responsible for obtaining any necessary additional federal, state and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Petuiittee. 6. Any work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment shall be off the highway BEFORE 3:30 P.M. each day. 7. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way at this access. location. Any livestock that does enter the highway right-of-way shall be the sole responsibility of the Permittee. 8. A FULLY EXECUTED COMPLETE COPY OF THIS PERMIT MUST BE ON THE JOB SITE WITH THE CONTRACTOR AT ALL TIMES DURING THE CONSTRUCTION. FAILURE TO COMPLY WITH THIS OR ANY OTHER CONSTRUCTION REQUIREMENT MAY RESULT IN THE IMMEDIATE SUSPENSION OF WORK BY ORDER OF THE DEPARTMENT INSPECTOR OR THE ISSUING AUTHORITY. 9. Survey markers or monuments must be preserved in their original positions. Notify the Department at (970) 248-7220 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. 10. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of-way. Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Permittee. Any damage or disruption to any utilities during the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. 11. Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. 12. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their origional conditions, to insure proper strength, drainage and erosion control. DATE: June 17, 1996 ACCESS PERMIT NUMBER 396114 - SHEET 3 ISSUED TO: Tamera D. Duplice TERMS AND CONDITIONS (CONT'D) 13. Any incomplete construction activity on the State Highway that must be left overnight, shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. 14. Open cuts which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way will not be left open at night, on weekends, or on holidays. 15. No more than 6 feet of trench areas shall be opened at any one time. Open trenches and other excavations within the State Highway right-of-way shall be backfilled.and/or paved before 3:30 P.M. of each working day or be protected in accordance with the M.U.T.C.D.. 16. The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and re -seeded in accordance with the Department standard specifications. 17. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department. 18. All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of the Occupational, Safety and Health Administration (OSHA), Colorado Industrial Commission, Colorado Division of Mines or the Colorado Department of Transportation, whichever applies. 19. The access shall be constructed 35 feet wide, with 50 foot radii. 20. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 50 feet, and shall slope down and away from the adjacent pavement edge at a rate of 296 grade for a minimum of 20 feet. If curb and gutter are present, the slope shall be calculated from pan line to pan line. Any revisions to this requirement shall be subject to Department review and approval prior to commencement of any work within the highway right-of-way. 21. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 22. Pursuant to section 4.10.2 of the State Highway Access Code, the access roadway shall not exceed a maximum grade of 10 percent within the highway right-of-way, as measured 50 feet beyond the pavement edge and extending to the right-of-way line. The access vertical grade shall be designed and constructed in conformance with the Department M & S standard M-203-1. 23. The design of the horizontal and vertical sight distance shall be no less than the minimum requirements, as provided in section 4.9 of the State Highway Access Code, 2 CCR 601-1 24. All required access improvements shall be installed prior to the herein authorized use of this access. DATE: June 17, 1996 ACCESS PERMIT NUMBER 396114 - SHEET 4 ISSUED TO: Tamera D. Duplice TERMS AND CONDITIONS (CONT'D) 25. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 26. Compaction of subgrade, embankments and backfill shall be in accordance to section 203.07 of the Department's standard specifications with the test results sent to and approved by the Department inspector. 27. The surfacing shall meet the Department's specifications with the following material placed for final grade: 12 inches ABC, Class 1 and 6 inches ABC, Class 6. 28. Slopes shall be at a 6 to 1 ratio on the roadway and a 6 to 1 ratio on the approach. 29. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee may be required to detain all drainage in excess of historical flows on site. 30. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 31. All culverts installed in open ditches shall have flared end sections.