Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 7.15.96oo BOCC 7/15196 PROJECT I]{FORMATION AND STAFF COMMENTS REQUEST:An exemption from the definition of subdivision. APPLICANT:Larry & Glenda Antonelli PLANNER:Ray Gilbert LOCATION:A tract of land located in Sections 5 and 8, T65, R92W of the 6th P M ; north of Highways 6 &. 24, approximately one mile west of the Town of Silt. SITE DATA:37 Acres WATER:Shared well SEWER:Individual sewage disposal systems (ISDS) ACCESS:Highway 6 &24, easements EXISTING ZONING:A/R/RD ADJACENT ZONING:North,/EastMest : A/R/RD South: A,rI I. RELATIONSHIP TO'THE COMPREHENSTVE PLAN The subject tract is locaterl within District C - Rural fueas/IVlinor Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1e81;1e84). tr. DESCRIPTION OF TIIE PROPOSAL Site Description. The 37 acre tract is located north of State Highways 6 &. 24, approximately one (l) miles west of Silt. It appears the majority of this land has historically been irrigated and is largely used for the production of hay. The tract is gently-sloped and accessed by a single lane, relatively unimproved driveway The I I A. o o Lower Cactus irrigation ditch flows along the southern portion of the tract. See vicinity map, page ^ b ' B. Adjacent Land Uses: Adjacent land uses are largely agricultural and residential on lots of varying sizes. See Assessor's Parcel Map, page Development Proposal: The applicants are proposing to subdivide, by exemption, the 37 acre tract into four (4) parcels of 3.7,5.0, 6.0 and25 acres each, more or less. The applicant proposes to retain the larger parcel and staff assumes the remaining parcels would be developed as single-family residential parcels. Itr. MAJOR ISSUES AND CONCERI{S 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 I , I 97 3, 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 higltway, County road or railroad) or rnnral feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural fealure, 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 (1) lot, parcel, interest or dwelling unit lim i tati on otherw i se app licab le ; " A Quit Claim deed submitted with the application indicates the property existing as of March 26, 1970, Book 408 Page 577, therefore, this request appears to comply with the provisions of Section 8.52 (A), as noted above. See deed, pages 8- to B Zoning. The property lies within the A/RIRD ,onflirtrict which mandates a minimum lot size of two (2) acres. All proposed lots are in excess of this minimum requirement. There are no excessive slopes on the property. C Water: Although it is not directly stated in the petition, it would appear the applicants are applying for an exempt domestic well that would be shared among three (3) of the lots that would be created. The applicants have applied for this well, see permit application, page Apparently, the water supply for the fourth lot would be provided under the terms of a West Divide Water Conservancy District water allotment contract, which has been issued. See contra.t, pug., lp - P Discussions with Water Resources suggests this scenario is legitimate and, unless something extraordinary occurs, the well permit for the exempt domestic well would be approved. It would be required that, prior to any final approval, all well permits be issued and all water supply line easements be shown on an exemption plat as well as create a water sharing declaration that should be recorded. C a- O At least one (1) well has been drilled as a monitoring hole, which was found to have a production rate of 12 gpm and, in the opinion of the individual conducting the test, the well is capable of producing in excess of l5 gpm, which should be a sufficient supply for the proposed uses, provided there is adequate storage. See the Aqua-Tec letter, page -dO ^ . Additionally, a water quality analysis for NitrateA.{itrite and coliform bacteria was conducted, indicating that the sampled water meets state standards. See water quality analysis, pug" -4/ - No information has been provided regarding exactly which lots would be served by the shared well system and which lot would be served by the individual well. Staff suggests that, at this time, it would be appropriate to speci$, which lots would be served in what manner. Sewer/Soils: The applicant proposes the use of individual sewage disposal systems (ISDS) as the method of waste water treatment for the lots that would be created. According to the Soil Conservation Service, there are a number of soils on-site, including, Arvada loam, Ildefonso stony loam, and Potts loam. when used for building site development, these soils are considered to have constraints that range from slight to severe. When used for the placement of ISD systems, these soils have constraints that vary from moderate to severe. Given the site specific nature of placing ISD systems, it is reasonable to assume that engineered septic systems may be required. Staffrecommends this determination be made at time of issuance of a building pPimit. Access: It appears that access to all lots is proposed to be from a shared roadway that would intersect with Highway 6 & 24. Staffsees no significant issues regarding this access; however, it would be required to survey and record the access easement. Additionally, staffassumes the proposed access would require an approved driveway permit issued by the state highway department. Staffrecommends that, as a condition of approval, the state highway department issue a driveway permit, expressly for the proposed uses. Fire Protection: The Burning Mountains Fire Protection District has issued a letter indicating the tract is within its response district and that the district does provide fire protection to the properry. See letter, page -aa - . Additionally, staffsuggests the inclusion of a plat note addressing wildfire mitigation. Easements: All required easements for access, utilities, water supply, etc.,will be required to be shown on an exemption plat. School Impact Fees: The applicant will be required to pay the $200 school impact fee, per lot ($600 00 total), for each lot created by this proposal. Potential Road Impact Fees: If or when the County adopts a road impact fee, the lots created by this exemption will be subject to paying that fee; paid at time of building o D E F G H I 3 O permit application, paid by the building permit applicant. This provision shall be included as a plat note. TV. SUGGESTED FINDINGS o I That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 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. 1 -)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 Staffrecommends 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. 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 ofup to one (l) year from the original date ofapproval. That the applicant shall submit $200.00, per lot, ($600.00 total) in School Impact Fees for the creation of all exemption parcels. 5. That the following plat notes be included "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for RuralHomeowners," (Colorado State Forest Service) shall be used to 2. 2 J 4 +- 6. o o determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "IJpon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "The individual lot owners shall be responsible for the control of noxious weeds. " That, prior to the authorization of an exemption plat, the applicants receive an approved driveway permit for the proposed access, from the State Highway Department. That all well permits be issued by the State Engineer's Office, prior to the authorization of an exemption plat and a water sharing declaration be recorded. 7 5 o o sECnoN E, 165, R92W 6TH P.M. .//I r/r- ! ,'__.'-\ I ,'.,\ (,o { /t-::--- -l 'I\ , I I ) I$ "& 4!13, r - \ \..+ 211 a ;6Ij, \ ft /,/ .r- ,/_r,, |-.=-)- lt I LI I \_\ ItI {rl N' il t t ?/ \ i'*rt" --,,t ,ttr ,i f:. -.)./ I /s. 6R ANDE R 42 VE r.t -- /t e gt-f 6rl Ii i--. E] HKJ(= t"-b ,\ 5.00 .\ u .'/'../ -- ttz .', 'I -1 ollS€RT suaoMstoN SEHPnONSILI COLORAN ,qN@IRD L EOISIN - Pndqol Land &nr+ort-t trn 177J 211 H,glt blor&(oru) sz6-.*tz ule 1n7n6 mto(w 6il.8&TDrro L. I I /'dd I riri4, ]o ro ?ol( o-o- \-=-E=-----\\ N 9 I L $J o- ;o Io F. l-{ (4 oN roo =f o)t- C\, o -:--.1 E, t N o) E. I (n a(!ld \Ho\ *--\ -T- r\ ;l N \-- (\__ =._ / I I e o3 I \ tl I o I t N ro oo sI FN GJ or^C t.L'aa .9.? 1fl<N I t! cr Q :E N UJ lrja t9Z !t r.-o trfo t @o o) F. N qk \ 0) aO)I I NI llt to O)n o3 s (.o @ rOo,Nv o rO$ o rr1 rO (t) (o r) r,Oo t lf)o rO rOo o sfo tf) N o- trj trJa j a ) a PU el;r o o? LF a?a (r ,al 6 a -+-al N +-' otoo@ N n !NN o(oo 1.- o) rO Nto tLb oI tal N 6 Io?o3co Iot- N $ @ c\, H-Z ro tr)o I o : N <. =5?ar)o I('! lr lr lrJ G' ?? t l' )l-a I ! o- to <fo J-U)3 H-Z p .R i\\: rO v- coLoRADo DrvrsroN oF wln REsoTJRCEs DEPARTMENT OF NATURAL ITES OT.IRCES 1313 SHERMAN ST., RM.818, DEr{yER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 NEW 35 + ACRE RESIDENTTAL Review rior to form o Water Well Permit pli ink cation edMust be co I 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) 6,1,'f'Name ot 80ro 5,ll- City (.-loStste qlbsaZip code A. Ordinary household purposes in up to 3 single-family dwellings, fre watering of domestic animals, and the irrigation of not more tfian one (1) acre of home gardens and lawns .fl B. tivestock wateriog (on farm/ranch/range/p86ture) ^ 7, WELL DATATelephone Number (includc area code) 2. TYPE OF APPLICATION MAXIMUM PRODUCTION RATE OF THE WELL SHALL NOT EXCEED 15 GPM 8. TYPE OF RESIDENTIAL SEWAGE SYSTEMCONSTRUCT A NEW WELL ON A TRACT OF LAND OF 35 ACRES OR MORE 3. REFER TO (if a icable) Monhoring hole acknowledgment , MH-;7?6a 4. LOCATION OF WELL $(Septic tank / absorption teach field E Central system District namc: E Othef (an"ch copy ol eogircerins design) fl Vault Location sewage to be haul€d to 9. PROPOSED WELL DBILLER (ootional)O.c .iS :" t Sr County O.uarte r/ qu ortc rA--Jr 1t4 Ou !rter Sr 1t4 7n <\ \-.r 10. SIGNATURE of appli I S_L entcant(si or authorized a Licenec numbar \S: (Scction5 Township N or S L trts Rang€ E or Wf.iotr Principal Meridisn I I ir\- i <Yo B rt. rrc- EI r.r El s "<ce .-a =F<S"i fr. from }{l E lJ W Distance ol weil ,rcm scqtion lines lddress, ii diftercnt lrom applicant address (if applicable) a?\ Well location l{w', L t The making of false statemerrts herein constitutes periury in the second degree. which is punisfuble as a c.lass I mis- demeanor pursuant to C.R.S. 244-1O4(13)(a). I have read the statements herein, know the contefts thereof and state that they are true to my knowledge. 5. TRACT ON WHId{WELL WILL BE LOCATED Must be Tirte /Date A. ATTACH LEGAL DESCRIPTION FoR 35 + ACRE TRACT E Development Name Lot no Unit # fi,otn., B. STATE PARCEL lD# (optionatl: C. # ases in rsct 37 THIS WILL BE THE ONLY WELL ON THIS TRACT D Oflice Use Only DWR Map No. DIV USE MD co WD BA - ll-N ir t11( y Form GWS-50 (12/95) o Contract N Map ID N A APPLICAIIIT Name Address Date Activated- APPLICATION AND DATA FORM TO TEASE WATER FROM WEST DIVIDE WATER CONSERVA}ICY DTSTRTCT a Telephone Number ?>O /Authorized Agent or Rep resentat ve. B. WATER RIGHT OWNED BY APPLTCANT Name of Right Type of Structure or Ri sht \n/ F LL Location of Po l-ntofD vers.]. 4.n iP H*/ Water Court Case No.Well Pernit No. C. INTENDED USE OF LEASED WATERLocation of Area of Use -t- A Descri ion of Number of DweTotal Acreage Proposed Potable Water S ystem I1ing Units I3z 4-\ /ft Proposed Waste-Water Treatment System L-e^.,\n L.o \r\ Projected Monthly Volume of Leased Water Needed inGallons: Jan. Feb. Mar. Apr. May Nov. Dec. Annual Total Gallons Acre Feet ( Maximum Instantaneous Demand t5 D. OTHER RE}4ARKS Date 4a 76 Siqnature -'/^ gpm S igna re o EXHIBIT XAII 6-92 Sec. 5: Satr Beg. aPo 37',16' Nly R. thence N.40c3 32013'2 See. 8:a Eact, cf laad o Ac. Beg. at a point on the Sec. line common to Sec. 5&6 rrhence the c3r. common to Sec. 4 ,5 , E &9 Bea:s S. 56052'50' E. 351.03' , thence s. 43o56'50' h'. 121,4E', t-herce -c. d9c act at ofint a1 l-. {ef trN. 87t2A 4' Etr)09'44' ESE (Net 36.38 Ac.) E(CEPTln the NI{NIdSESE cont. . 4 5 Ac . a polnt 216 I S . of t}re M{ the SESE, 'thence NE 29 8 | to 18 3. 7 ' E . ' of tie }irf ccr. cf so EXCEP? a t=act, ccnt. 3. 9 I 5.65' i3 e pcj--:t cE the . _ 1i.ae of U. S. 6 r 21, qc52 ' l{. 232,33' , C:ence" E. 154.29' , thence N. 283. 91' , t}ence N. 32oa3.79' t-hence N. 21055'5g-E. 206.45' rirence S. 26015'19.E. 3€.7Cthence S. 1540s. 78029'22', E5{'12'E. Zg.,:iine of Sec. 5 1'57 ' E. ).99 .22' th,ence. 90.i9' thence !i. 6Co -:'cc a pcin:-_cn U:eEIy , thence S.OL'41' E.i 3. 44' along Lbe Ely lj.ne f c Sec . 5tlerce s . 324L2 | 2L' h-. 3i . 23, thenceS..{3c56'50' h-. 38G.43't, t}:e F.O.E.a1rl a pucel j-a tra*, l8'ccni.--'.-82- Ac. Bgg. at a pcj.r,t on LreH. li^ne of SFS= whlnce tbe S=co=. of Sec. s Eea.rs s. -iio-- 56 | E. 1345 t the.cce' li- 2\Z, thenceS. 58010r lg. 397.5, tlence E, 33g.51to the P.O.g. csnt. 1.0 Ac. lylag X.6 aDC 21 lcTAI. 37. 3g Ac. 1r Lot, Iof U. S. -. 13- o o Concract, * Map ID I Date Act,ivated WEST DIVIDE WATER CONSERVANCY DISTRICT Wat,er Allotment Contract Name of Applicant Quantit,y of water in acre feet 1. Water Riqhts:Applicant shall own water rights ApPlicant, hereby applies to the west Dl.vide waterConservancy DisE,rict,, a polit.ical subdivision of the'SE,ate ofCoIorado, organized pursuant to and exisEing by virtue of C.R.S.1973, 37-45-I01, et seo., (hereinafter reeerred to as thenDistrict" ) for an alloEment contract to beneficially andperPetually use water or water ri.ghEs owned, leased, or hereaft,eracguired by the District. By executioo of E.his applicatj.on, and subsequent, delivery and use oe water, AppI:icant hereby agrees tothe following terms and conditj.ons: the point ofdivert sater,If Appllcant drversion here n lawf u11y ent, i t,1ing A PP edwhich will be supplenented by water leas!ntends t,o dlvert through a weI1, I 1 icant herein. mus t, at tr beunderstood by Applj.cant that no right to divert exists until avalid rel1 permit is obt,ained from the SEate Engineer. 2. Quantitv: water applied for by the Applicant inuhe a.Bount set-Em-ove shall be diverred ai lpgliclnt's pointoE diversion frcn the Districtrs direct flow water rights, and when Hater is unavailable for dj.version pursuant, Eo administrat,ionby the Colorado State Engineer during periods when said directflow rrater rl.ght is not in priority, Ehe D!strict sha1l releasefor the use of Aoplicant up to sa.i.d quanliEy in acre-feet per yearof storage rJaE,er olJned or controlled by Ehe District. It isunderstood that any guanLiE,y al,lotted from direc,. f1ow, storage orot.herwise, to the Apglicant by the District, will be linited by Ehepriorit,y oE Che District's decrees and by the physical and legalavailability of rrater frorn District's sources. Any guantity allotced wiII only be provided so long as water is available andthe Apglicant fu11y conplies wit,h aIl of the t,arrns and condiEionsof t,his contract. lhe District and Ehe Applicant recognize Ehatsone of the District,rs decrees rDay be in Ehe name of the ColoradoRiver waEer Conservation District, and the ability of the Districcto alLoE dj.rect flow rights co the ApplicanE may be dependent onthe consent of the Cclorado River Water Conserva!,ion District. If aE. anlr tine the Applicant, det,ernines iE, reguires !ess wat,er thanEhe amount herein provided, it may so notify t.he Districc inwriting, and the amount oE,*aE.er alloEEed under this cont,racEshal1 be reduced permanently in accordance with such not.ice.Rates shal.l be adjusted accordingly j.n following wat,er years only. 3. Beneficial Use and Location of Beneficial Use: Anyand all water al.IoEr,ed ApplicanE, by che Di.sBrict shall be used Eort.he following beneficial use or uses: Municipal, domestic andrelated uses, or irrigacion and commercial (except, Eo Ehe extent,that Ruedi water nay not be available f,or irrigation andcommercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 betlreen t,he United SEaE,es and the WesC Divide WaCer Conservancy Dist,rict). Applicanc's beneficial. use of any and allrrat,er allotted sha]I be within or through Eacilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Deliverv:Exchange releases made by the DisErict out of scorage fiom nuedi Reservoir, or oEher works or facilities oE the District, or from oEher sources available tot,he DlsErlct, shalI be del.ivered to t,he Appl IcanE at E.he ouElet,works of said storage faclliCies or at, E.he decreed polnE og )q -l- oo diversion f or sald- -ot"I sources, and release or del ivery of wat,erat' such our'1ers or -points-;h;Ii consriirr; ;".-;ormance of, rheDlstrictts totar ourigaiion.-"-6J:.ir"ry of water by the Dlstrictf rom Ruedi Reservolr'strart- ue-iuu:Lc't -t-o li"'oi"arrcr,s leasecontract wit,h the unired states Bureau of Reclamation. Releasesfrom 'orher faclliries auuiiJi" to oi"t.i"r-!-nlii'u" subjec. r,othe contracts' laeg, iui"",-1-nd regulations go-u-erntng releasesthererrom. Furrhernor";-ih: -oi-"tiiJt--t;;:;; Iiil"""ry reservegthe right to store ,ui"i--inJ-io make exchange rereases fromsErucrures rhar nray be .bui1r- "i "*ti"ii"o' or'1i'.= oi"ari"a in rhefuture' so long as the ,"i"i ."rni"" to- Ehe AppJ.icant pursuant toE'his agreement, is -not impii.ea- t-y saia actidn'.---iny guuntity oft,he Applicanr, rs allocation-""c-a"ii.""r"a -to-li' u"li by Applicanrby the end of each. sauei--v"ii i6ctou"r r), sharr. reverr r,o rhewater supplies of the oistfict. '!ucir ,"r"iiion s-rr-arr not ent,itreAppIlcanE t,o, any refund ot piyr"nimade Eor "";h ;;;;.. water service pr.o-vrded by the DistrrcE sha11 be liurltedEo .he a,oounr of warer uu'"i.r"-u-r-"- i;.p;i;.iii-;i-ii,i"lriginar polnror dlversron or rhe Disrri;a;;-;p;iil"oi"-"rcIi.iini, and nerF-herthe Distrlc:r no! those "ntili"o to utilize the Dlscrlcrrsdecrees' Bay carl-on any greater anount at new or arlernaEe pdintsof diversion. rhe Dilsiii"J-.rri-ir reguesr rhe col0rado sE,aEeEng lneer Eo estlT:re. "ny ."or*"yui-c" roi""" -o"ir1"-n- the originalpoint and any alternate ioine, ana sucir estlmate shall. be deductedfrom this atrounr in each;;;;'. -'ii. oi"tIi9r, or anyone using rheDisErictts decrees., tray carr on any addition.i-"oui""" of supplythat nay be availabte it ". "rrl.iire poinE oialrei"ion, (rhoughnot at the oriqinar. point oe aivers:,""1 ""rv-"-i-"9uin"t ,,aterrights whlch i." -lonioi-iJ ;;;'duE" of appricarion for r,healternate point of diversion.- 5 rna Po of DiverAuqmentation 3 cr ees or a Ee r na E.e Po nEs o vers oDisEricErG-E-cer r ights or sto rage waE,er nay be r equired -in order nan 1an AppI icsible one t lmeBoard of aubra 1E ted for Obla AppIiining cant Eo use the wat er service conE,ern plated hereunder.such decree is the exclusive E esponsibiliE,y or:Appl i canr .lhe District rese rves the exclusiv e rlghE to reviewand approve any conditions rhi.ch nay be aEt ach ed Eo judicial nt,enplaEed orapproval of said alternat,e po int of diversion.rs conecessary eo serrre Appllcantt s faci.liE,ies or 1 ands.acknowl edgesthe pr oced ur and ages and antrees that iE shall be soIeIy respon forlegal andchanges !n water r ighEs conEem costs necessary for an vn, and further a9rees totndemnify the Dis trlct froo any costs or losses related thereE,o.Applicant ls soIeI y responsib.Le forin,/divert, !,he waE,e providing works and faciliE.iesnecessaly to obta rs at said alt,ernate polnE ofcial use. diversion and de11 ver them to Applicant's intended beneflIrrespecrive of !he atrount o f rrat,er actually !!ansEerr ed ho theAppl.lcanE,'s poln E, of diversi oo, the Applicant shall.make anoualpayl8ents E,o the District bas ed upon the anount of wa ter al.loEtedunder this agreenent. engineeringplated herei In the evenE, the Appllcant tntends to apgly for analternate polnt of aiversi;"';'o'Jio deverop an augruentatlon planand inselEute I_e931 p.*"La-ing"' tor the approval of guchaugtrentatlon olan-to airo,r tire'epprrcanc to uiijire E,he wateral'toEred ro .lior.rcint-h;;;";;;rl'tu" Applrcanr sharr grve E,heDlstrlct wrtiten notlce oi-"uJi, lntent. rn the evenE t,heAppllcant develooa a1! adj"af".iIri lr" own augmen!,6rlon plan routlllze rhe waELr affoit'ea rre-iJina"r, Appllcan! eha.l.t noE, beobllgated to pay any atrounE, under Faragraph 1g beIow. In anyevenEr the Dtsrrtct Ehall have the rfsir.e io-L'ppiorJ or atsapprovethe Appllcant's augnen-tar,lJn prii-ond Ehe ApprlcanE, shar.r provldell_" _D1":r-tc_t 9oei9! of such pii, ""a of atl. pleadlngs and orherPaPers flred with the water "oo.t tn ctre adjudi,ca!,10n Ehereof. 6. Ccn!rac: , payment, Non_refundable,adnin ie r r a e 1 ve tiia r ge, -in-ETid-a-mo-un E de te rmlned by rheDlrec!ore of rhe oieerf "r iror-'il,i" to !lrne, ahall bewlth thts apptlcation -i;; ""-;-iiui'u'iion by Ehe Disr,rlcE. /9- o Annual paymenE for the water service described hereinshall be determined by the Board of Directors of the DislricE at apei acre-foot rate. rhe initial annual payment sha11 be made, infu11, within thirty (30) days after the date of notice to theApplicant, Ehat the initial payment i.s due. Said notice willadvise the. Applicant, among other things, of the water deliveryyear lo whieh the initial payrnent sharl apply and E,he price whiciis applicable to that year. Annual plymlnts for each yearthereafter shall be due and payable by the Applicant on or beioreeac.h January 1. rf an annual. payment, is not mlde by the due date,writE,en notice thereof will be sent by the Districl to t,heApplicanE, at such address as may be designJted by the Appricant inwriting.. (If !q address has been so de!ignatea in wriiing, thensaid notice.shalL be sent, to Applicant's ad-dress set forth lrerein.water use for any part of a water year sha11 reguire payment forthe entire water year. Nothing herein shalr be construed- so as toprevent Ehe District from adjusting the annual rate in its solediscretion for f.uture years on1y. I.f_ payment is not made wi.thin ten (10 ) days af ter thedate of said,rrit,ten notice, Apglicant shaIl at, District,s soleoption :have no further right, ti!.1e or interest under thiscontracF- without further notice and delivery may be i.mmediatelycurtailed; and the allotment of water, as herJin rnade, rnay bitransferred, leased, or otherwise disposed of aE the discretio-n ofthe Board of Directors of t,he District. 7. Securitv: As security to the Dist.rict, theforegoing covffirE- annual paymenls in advance of waterdelivery, will be fu1ly met, by annual budget and appropriation offunds from such sources of revenues as may be legaliy available Eothe Applicant. As addiE,ional security t,o tire 6istrict, theApplicant will hold harruless t,he District and any person,corporation, guasi-governmental entiEy, or other goverimentalenLity, for disccntinuance in service due to the failure -of theApglicant to naintain the paynents herein contemplat,ed on acurrent basis. Applicant agrees to de!ra1z any out,-of-pocket expensesincurred by t,he Distric: in ccnnect,ion wiltr E,he alfotment of waEerrights hereunder, incruding, but not limited to, reinbursement oflegal and engineering cosEs incurred in ccnnection HiEh any r,at,errights and adjudication necessary to al1ow Applicant,s use of suchalloEted eate! rights. 8. Assilnment: This agreeEenE shalI inure Eo thebenef it of the T'fficessors or issigns of the parties heret,o,except E,hat no assignment shal1 be perni.tEed in t,he event thewa:er right allotted he:eunde: is lo be used Eor the benefit ofland which will be subdlvided or oE.herwlse held or owned inseparate ownership interests by t,no (z) or more uaers of lhe wat,erright allotted hereunder. In no event ahall !he owner oE aPorEion, but less than all, of the Appllcant.rs properEy Eo beserved under this conEract, have any righEB hereunder. Anyassignrnent of the Applicant's r!ght,s under EhIe contract sharr bisubject to, and must comply nith, such reguiremenE.s as t,heDisEr ict may herearter adopc regard ing ass ignrnenE of contractrighEs and the assumpE,ion of contract obligatlohs uy assignees andsuccessors. NoEhi.ng herein shal1 prevent successors to a portionof Applicantrs properEy from applying to lhe Dj.strict Eorindividual and separate allotnent cont,ract,s. o 9.provisions of Other Rules:Applicant shall be bound by thet,he Water Conservancy Act of Colorado; by the rulesand regulations of the Board of Directors of Ehe District; and allamendment,s t,hereofapplicable 1aw. and supplemenEs thereto and by aL1 oEher 10.sha1l enCer in eration an Dlstrlct, under terms andDirectors of the District, nten nce A reemenE: n ena eementlon an ApplicanE " wiEh thecondit,ions determined by the Board ofif and when, the Board o( said DisEricE -l- -/b determines in lts sole dlscre!,ion that such an agreement isreguired. said agreernent may contain, but shall noc be lirnitedto, provisions for additional annual monetary consideration forextension oE DlsErict delivery servi.ces ind for additi.onaladministration, operatlonr dDd main!,enance cost.s; or for othercosEs Eo the DisEr_ict which may arise through services madeavailable Eo t,he Applicant r1. chanqe -of use, The District reserves the exclusiveright Eo revieriffiffi@r disapprove any proposed cninge -:.n use of Ehe water allotted hereuhder. Any use otner than that setforE,h herein or any Lease or sale of the water or waEer right.saLlotted hereunder "rithout the prior written approval 0f theDistrict shall be deerned !,o be a miterial breach or'lnis contract. 12. Use__en!_l_Lq!l of Use: Applicant agrees to use t,herrat.er in ehe ma@ty aiscribed in the documentssubmitted to Etie District at tie iime tiris agreement is executed ( said documents are incorporated herein by E.his referencethereto), or in any operation and.maintenance igreeraent providedby Applicant- Any use ot,her than as set forth chereon or anyI'ease or sale of the Hater or lrater rightE herein, other than aspernitted in paragraph I above, shalr be deemed Eo be a maE,erialbreach of this agreement. o o is understood and agreed Ehat not,hingto give t,he Applicant any eguiE,able orin or to any water or water rights 14. Conserrationj- Applicant, shaII use comruonly a c c e p t, e d c o n s eETG-n-!?l-rc i c e s'w i r h r e = p. " i - i o .- h ;, u r " ;-;; awater rights herein, and hereby agrees E,o be bound by anyconservaE,ion plan adopted hereafter by the DisErict for u!e oiDistrict owned or concrolled water or witer right.s 16. well___!_gIni!.: If Applicanc inEends to divertEhrough a well-EenE-p-ffi'Int musE, p-ioviae to Oiseij.ct a copy ofApplicant's varid well pernit before DisE,rict is obliqacid Eodeliver any water hereunder. 13. title: It.herein shal1 ue-iiEpretedlegaI fee t.it1e int.erestreferred to herein. 15. Restrictionsfo.L-ows ( Violation breach of un1 ess spec:.!rc waive Use Eo useh o 1d Domestic (includes larn)Livestock (catt,le )Irrigati.on of these resE.riction th is ag r eeraent . Appl icant sha11 res Er icr- uses asrs are appended Es th!,s agreement),s sha1l be deemed Eo be a materlaL Annual Maxlmum Dlverslon 1,/3 acre foot1-3acrefeet,l acre fooc,/100 head2-3acreEeeE/acre L7. ReDresentations: By execuEing this agreement,ApplicanE. agreeffiot relying 6n any -Ie9a1 orengi.neeri.ng advice that he may believe h! has received from theDistrict. Appricanc further acknowledges E,ha! he has obE,ained allnecessary legar and engineering advice from his own sources oEherthan the Dis.E,rict. ApplicanE further acknowledges E,ha! EheDistrict makes no guaran!.ees, warranEies, or assuiancis whaE,soeverabout t,he quantity or guality of water available pursuant Eo lhisagreement. should the oistrict be unable Eo pr'ovide Ehe waEercont(acted for herein, no darnages uray be assessed against theDiscricE, nor may Applicanc obEain a reiund from the oistrict. . 18. Cosl:__gf Wqler Court Filinq: Should the Disrrice,in it,s or.rn dis apfi1EinEi! ibnEatCrherein in a waEer court fiJ.rng for alternat,e point of diversionoI plan of augmenEat,ion, then AppIicanE hereby agrees Eo pay tothe District, when assessed, an addiEional. fei rlpresenci.ng EheDistrlct's acEual and reasonable costs and fees rirr Appri.cint,sshare of t.he proceeding. -4- )'7 oo 19. pi_ndinq Aqreement: fhis Agreement, shaLl noE becompreEe nor brndlng upon the District unless attached hereE,o isthe form entiEled nApplication for purchase of waters from thel{est Divide water conservancy DisE,rict," fulry compreted byAppli.cant, and approved by tire DistricE's e-rigineer. saidattachments shal1 by this reference theret,o be inlorporat,ed intothe te rms of t,h is ag reemen t . 20. w"lLi!q - IT IS rHE SOLE RESpONSIBILITy OF THEAPPLICANT TO O€_ETM_VAIID WELL PER!,ITT OR OTHER WATER RIGHT INORDER ?O DIVERT !{ATER, INCLUDING THE WATER ACQUIRED UNDER THISCONTRAC?. IT IS THE CONTINUING OUTY OF THE EPPT,TCEUT TO MAINTAINTHE VALIDITY OF THE WELL PERIIIT OR !{ATER RTGIIT INCLUDING PILINGFoR ExrENSroNs oF PERHrls, FTLTNG WELL cor'tplETroN REPORTS, FTLTNGSTATEUENTS OE BENEEICIAL USE, OR OTIIERWISE LAWFULLY APPLYII,iG fHEWATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOU? WASTE. APPLICANT:APPLI APPLI ADDRESS: Bo* Xo I STATE OF COLORADO COUNTY OF GARFIELD I TnFCr. 55 AC i{it::ess ray hand and of f icial seal. My commission expires:-?q C\EI owledged be on of'Directors of the westabove apglication, it isgranE.ed and this cont.ract S; - .the foregoing insCrument wasthis il)nd day of -rn-O ir , rilg, oy ,ORDER, After a hearing by the BoardDivide water Conservancy bistrict on E,hehereby ORDERED that, said applicaEion beshaLl be and is accept.ed by the Districr. WEST DIVIDE WATSR CONSERVANCY DISTRICT Bv Drad i J en E, SecreE ary uaEe contract, includes and isthe following documents Ehe t,e rms and accompany this This of subject towhich mustcondiE,ioos con t,ract : 1 ) Map showing locaElon oE poinE oE diversion ( use mapprovi.ded ) Application and s ig ned Data Form EuIly compleEed and 3. Othe r . /B' -)- ---! ----L 21 I I ?---- I I I I -+--- 2 \ Ai NEW CAS R92W R91W AE,EA A t.\V I I -L I I I I I I I I I I I 9 45 -l----- I I I t- I I I t7g -"t- 24 I I .t. I I I I I I .Y I I 1 )- RIFLE 6 2 I Ir I IItt.l J 44 iaoo I ----r I 19 I \v \--z J---- I I I I I I I I I T I I o 00 "d .h -i l!! i}o' .T \ {*P .l . rdtir!:\ d.,.J a\r Ii \z& ^c qv ( It .1 \, RIFLE GAP STATE RECREAT'ION AREA ---\ -/ -\ .. t9 R :q I I I I I I : 6$0 I illr l:iit \1l'.,.',: I -t ql. ot::{' J6 .: 'ta it zz L---- o l- 2 aia 115 o7 I I l6 1 E J6 A,1 45 4&130 SILT -l!; 6, 14il! 27,29 43 I I e ..\ ..5 r I :--fr--- I I i -l t I J-- 1 I I I -.1 I I I I -l 1 I I Ir I Ir 48 1 t I 1 1 1 1 84.63 i-l o 1+7 'r52 38 I I T- I I I I +--.1----:l ".1 J6 a-- .n I F'.l I j I I I I -l I I I I a I I I -1- I I I -l- I I I I r-t :'i-.i- .)o nirl -ri- - - !{; 'I \'.=| \:=-r- -t- -r:l I :l t,'t: -F-.:-r--... ) -+-F---- L t- I lJ1 I -l -.i '.1..\/--+ \J G I I I t ;N I at I I----t- I t..' - .a4F-\-Y..-" t L4r. F -'74 )- % r o oil AQUA TEC SYSTEMS, INC. P.O. BOX 488 GLENWOOD SPRTNGS. CO.81602 Telephone 97O$4(Bl'l Fax97G$4G12 sl28196 MR. RAY GILBERT 6689 RD.346 SILT, CO. 8I652 TO WHOM IT MAY CONCERN ON MAY 2T,1996 A FOUR HOI.IR WELL PUMPING TEST WAS PERFORMED AT RAY GILBERTS PROPERTY REFERRED TO AS A}ITONELLI'S PLACE ruST OFF UKELEY WEST OF T}M CITY OF SILT. TI{E STATIC WATER LEVEL WAS 51'-8- FROM THE TOP OF T}M WELL CASING. TI{E WELL WAS PUMPED AT A CONTINOUS RATE OF 12 GALLONS PER MINUTE. FINAL PUMPING LEVEL WAS 51'-10.5" WIilCH IT HAD DR.OPPED TO DI.IRING TI{E FIRST MINUTE. BASED ON THE ABOVE OBSERVATIONS IT IS MY OPIMON THAT TI{E WELL IS CAPABLE OF PRODUCING IN EXCESS OF 15 GPM. T}M, RECHARGE WAS TO WITHIN I" OF STATIC LEVEL IN 30 MINUTES, BASED ON THIS TEST RESULT IT IS OUR OPINION THAT T}IE WELL EXCEEDS THE REQUIREMENT FOR FOUR HOMES USAGE IF STORAGE IS PROVIDED. THIS DATA OBTAINED IS REPRESENTITIVE OF ONLY CONDITIONS OBSERVED ON THAT DATE AND DOES NOT ACCOLINT FOR POSSIBLE SEASONAL VARIATIONS IN THE AQUIFER NOR LONGER PI.]MPING DURATIONS. RESPECTzuLLY SUBMITTED, TOM PLATZER STATE LICENSE #1106 e0 JOHN C. KEPHART & CO. IflAl'lD IUNITION LABOflATOflII 433 NORTH AVENUE a PHONE 2a2-7618 o ANAIYTICAL REPORT AquaTee r LarrY FAx (?70)984-fi312 FO Box 4BE Gl errwood SPr i n96 r E0 B 15t)? GRAHO JUNCTIONt COLORA0o al30l o S Received fiErn: 1s;tE Cuetoms No. " " [rboretory No'- -- 3/?2/96 Dtrc Rcceivod Drte Rcpottcl water a/2A/9b I Sarnp I e Ni tr.ate (N) Ni trrte(N) Nitrate/Nitrate (N) TotorI Coli{orm Bacterla tE38itZttea 1:0(rF'14 Ray Gilbert, ft'1arf reld County' samp I er : Larr Y ; t) Ressi Cl , priv.ete: ArttuLtrJlli L'rrru-r 5i1tr Ctl 3. 89 mq/I O.OCr nq/I (':Cr.()1) 2.89 'ng/I O coloni e3/!r)r)nt1 sarnple (sa{e) A1r tests perf orrned 6n 3/2?,/q6. Ni trate/Nit'r te rrethod Df,BE7-clt.tB f rom ,,Arrnur:iI Booll of ASTM Stanclerrds. " Lor'rer I i mi t o{ dete;ti on i s C)' O1 nq/l Nr tr i te or. Ni tr-atB. Bacter i a method f roln "l-it andard Me'tl'rclcls { or the E>rami nati on of l,.later arrd t,^iaEtewatEt- t " lgtt'i Ed' r 1c;9fi ' me'ttroC +1S33?F' AII Lersts met drin[-ring water standarrds Drrectulr: E- Eaurer dt- lar O Burning Mountains a Fire Protection District B oxZ36 sitt, co 91652 Board Ross Talboct - Chairrran Joe lvlontover Sean lVlello Tomlbight Gordon Witzke Don Zordel - Chief Stu Cerise - Assist. Chie May 8, 1996 To Whom It May Concern: This is to inform you that the property owned by Ray Gilben at3Ii65 Hwy 6 &24,T65, R92W, SEl/4, SE1/4 Section 5 and NE1/4 NEl/4 Section 8, is within the Burning Mountains Fire Protection District and we do provide fire protection to same. Thank you, t'!**t' /1 Donald L.Zordel, Chief Burning Mtns., FPD -32 \a o B='rg Qqnqe.(,n\ {-*\. I ^s* t:t 't 3 rV' ui&e the- crr..lJc-fi,a S+ t\e- p(ocee&\17S,, (ope.c\s \^/<tl e,T Silt o$# H*v Ro, /Gilben\ <o,Tse-r.V +-p..pt") t 6+a s.-rb \. &. ,/ SE|I-LJTR DIV 5 TEL:303-!45-5665. Jul 12 96Gws€. f:j:tr?fl":Y,':#_:5,Yfff3",:ffH"* o (affi) s6e3s8t 8:35 N0.003 P.01 1095 APPLICANT FLAY GILBEFIT BOX 801 slLr co 8165e- (s70)876-2766 PERMITTO USE AN E(ISTING WEII. Lot: Blook: Fltlog: Subdful APPROVED WELL LOCATION GARFIELD COUNTY SE 114 SE 114 $ection Twp 65 RANGE g2W 5 6rh P.M DTSTANCES FHQM SECTTON LTNES 1240 Fr. from South Soction t_ine 1260 Ft. from East Section Ltne WELI. PERMTT NUMBEH DIV. 5 CNTY. 23 'l qR :?6 WD 89 DES. BAS]N MD ISSUANCE OF THIS PERMIT OOE$ NOT CONFER A WATER R]GHT c,oNDn-roNs oF APPBOVAT 1) This well slrall be used in such a way as to cause no matefiat injury to €xlsting water rights. The Iseuance of thopermit does not assure the applicant that no Injury will occur to anothor vesGo water?ight or preclude anothcrownBf of a vesred wat6r rlght from seeklng retief ln a civil court actlon. a Tha constructlon of this wellshall be in comptiance wlth the water woll construction Flules 2 ccR 402-2,unlessapproval of a varlance has been grented by tha $tate Board of Examlnsrs of water We1 Consruction and punrp lnstallation Contractors in accordanca with Rulo 19. 3) Approved pursuant to cRS a7-92-602(s)(b)(lD(4 as the only weil on a trec]t of tarrd of 36.3g acres descritred asthat portion of lho sE 7+, sE 7r, $ec. 5, Twp. 6 Sourth, Rng, Oa west, 6th p.M., Garfiero countv, mor* puru.rtrrtydescribed on thc attached exhlhit A. 4) Approved for the use of an extsting wett, oonstructod as a rnonitorlng and observation holo under flle no. MH-27962. 5) T.he.us-e of ground water from this well is lirnlted to fire protectlon, ordirrary householct purposes Inside up to Bsirtgle famlly dwellings, thB lrlgation of not more than one (1) acre of no*""giiJrns anct lawn6 and the watsflngof domestic anlmals, 6) Th6 maximum pumping rate shall not exc66d 15 GpM. n The return llow lrotn ttre usa of thls well must be through an individual waste weter disposal sy.tem of thenon-sveporative typ6 where the water Is returned to tha sime Stream systBm in which the well ls located.8) Thls woll shall be constiucted not more than 200 feet from rho location speclftod on tnis permit. - 778;F- Post-lt" Fax Note 7671 ib G-?Y4 L DIVISION CSPY ,^r, 2///>/tl B1pEga6 Ftom06-." // f'" f,^,L lllc d, ffi'lt 0o.Co./Depl. PhonF rlPhone #7 7I,t' ra,*y 4,f - 4*,t 7 Fax l, DArE tssuED JUt A J) ts9B By EXPIRATION DATE JULOI APPHOVED JD2 Slllo Eftolneef Hoceipt No. o4o1156 {>- COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT Local Jurisdiction: Dist/Section /Palrol DOT Permlt No.: Permit Fee: Date of Transmittal carf ield 03/32/Lo'396t99 100.00 Lo/t7/e6 No/MP/Side: E PERMITTEE; !i. 21,8 * .-+; Th/s 6'7 66z7aU'7rt9 )beII(J (RaZ94'7 v1o6790()II ItAnoneIrarry n otn bed loe wtatehocatiohtSehtateIhaadnUSnccetoSSvtncnoruStctgonteddrmosstSerehbrpevgntofhdnocdntioShthttereSmapermncacrdonaecmaitnIaednnaudsedcctedNSTTUhsabeaTheCCESSbhteuSSndkrevoeebamv grmettvacttamhens.I ste d pnadEScCoedHhWAStatehtegvncdu,Acng hT U eStthtecitindnsoontheofetm(aS d permndntSSEUoaatettedcacavESStemhteonhattautnypermaty CESScalattmidESnunarseareuedradescnaftdareqgnthASrSbarrissonstructnoSecwnrnacsS,ndadofnVAs LRcNooTRTFAFCRNUFoMNoLANUMAthehtwlmanorceonfcnt-oStatenhWhtn f-wayctinstrunogco hbe tdendmESeashaolednttnntdehupoydDtheertaevppagentsmThessulhautontypaPVrtIngcEVIES,D re it.mnthoferclxeofSEhteIenbdrpeasoadmseStUnuorroevfonrSeonalgrtyanstnaactojryppIhalessmpvag APPLICANT: Larry AntonelLi 1081- CountY Road silt, CO 8]-652 Ray Gilbert' P. O. Box 801 silt, co 8L652 LOGATION: On the nort.h side of Mile Post . 7'\' ' State Highway 6, a distance of f?so feet east from Single-Family Detached Housing (8.Each) ACCESS TO PROVIDE SERVICE TO:PERCENT 100.00 ? OTHER TERMS AND CONDITIONS: SEE ATTACHED SHEET (S) FOR TERMS AND COND]TIONS MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority Bv (x) --- Date Title J The person to ced attachments containedto the terms and conditions and referenof this permit the permittee agreesUpon the signing and safe manner and shall be finished within 45 days fromn shall be completed in an expeditiousherein. All constructio with the terms and conditions of the permit prior toaccess shall be completed in accordanceinitiation. The permitted Smithbeing used. The permlttee shall notlly wlth the Colorado Department ol Transportatlon ln wlthln the State Hlghway rlght-of-way.at least 48 hours prlor to commenclng conetrucllon 4 910-248-7360 access and have full Permittee (X) or legal representative of the property served by the permitted all it's terms and conditions. signing as the permittee must be the owner This permit is not valid until signed by a duly authorized representat TitleBv (x)Date ess Coordb tor ive of the Department. DEPARTMEY OF TRA (Date of issue) ATE OF COLORADOATIO Requiredi 1. District (Original) 2. Applicant 3. Stafl ROW Make copies as necgiirtarY tor; Local AuthoritYz' lnsPector MTCE Patrol Traflic Engineer Previous Editions are Obsolete and will not be COOT Form f1 01 7 /91 COPY DISTRIBUTION: The iollowlnj paragraph are pertln?rrlghllghts ol the State Hlghway Access "otn"." are provlded lor your convenlence but do not allevlate compllance wlth all sectlons ol the Access Code. A.copy ol the State Hlghway Accels Gode ls avallable lrom your local lssulng authorlty (local government) or the Colorado Departmenl ol Transportatlon (Department). When thls permlt wa! Issued, the lssulng authorlty made lts declslon based ln part on lntormallon submltted by the appllcant, on the acce88 category whlch ls aaalgned to the hlghway, what alternatlve access to other publlc roads and streets ls avallable, and salety and dealgn etandards. Ghanges ln use or deslgn not approved by the permlt or the lsoulng authorlty may cause lhe reyocatlon or cuspenslon ol the permlt. I Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditionS of the permit placed therein by the Department, an appeal must be f iled with the Colorado Transportation Commission within 60 days ol transmittal of the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Transportation Commission,42Ol East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. ll agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the original. application, proposed design or access use will normally require submittal ol a new application. 3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. lf the final action is not further appealed, the Department or local authority may record the decision with the County Clerk and Recorder. ll Congtructlon standards and requlrements 'l . The access must be under construction within one year ol the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to perrnit expiration. 2. The applicant shall notify the off ice specified on the permit at least 48 hours prior to construction. A copy of the permit shall be available for review at the construction site. lnspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. 4. lt is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. lf the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. lf any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. ln the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post bef ore the fence is cut to prevent any slacking of the remaining f ence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 6. A copy ol the permit shall be available for review at the construction site. lf necessary; minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. Theaccessshall beconstructedandmaintainedinamannerthatshallnotcausewatertoenterontotheroadway,andshall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at alltimes during access construction, in conformance with the Manual on Uniform Traff ic Control Devices for Streets and Highways. This may include the use ol signs, f lashers, barricades and f laggers. This is also requiredby section 42-4-501,C.R.S. as amended. 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. lll Changes ln use and vlolatlons 1 . lf there are changes in the use of the access, the access permit-issuing authority must be notilied of the change. A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit, may req uire the reconstruction or relocation of the access. Examples of changes in access use are; an increase in vehlcular volu me by 20 percent, or an increase by 20 percent of a d irectional characteristic such as a left turn. The issuing authority will review the original permit; it may decide it is adequate or request that you apply f or a new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs. 3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. lV Further lnlormatlon 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority. The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. 2. The permittee, his heirs, successors-in-interest, and assigns, ol the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain ln uni ncorporated areas the highway drai nage system, i ncl udi ng those cu lverts under the access which are part ol that system within the right-of-way. 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. 4. The Department may, when necessary lor the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written concurrence of the appropriate local authority, to be reconstructed or relocated to conlorm to the Access Code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway. operation; or at the expense oI the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the Access Code. #i#?,?3ffi'^T;U T OF TRANSPORTATION SS PERMIT 2/to 99 00 7/e6 Larry AntonelIi - (970) 876-2497 Ray Gilbert - (970) 816-2766 during access C CONTROLThe issuing ny action Io hts ranted torssron andconstruct Userebyperm se accessan theto tate h at eth olocati non tedghway b eloThaccessbehallmaconstructed,ntained usedand acctn anord witce theh term dan ondc tio n of his perm t,n clud the HStateng Ac Codecess dan tedshway ments.attach rh/ma be revoked tssuthe npermYby sAUitatmthsedessaccandhorityanypermitteitsseuoateolheteamscndndoonsitith isofany Th USEepermitadvanceo,warn n and cons cttru o SIn f las arnbsns,hers,andcades lla aers re reUi dss at tiall mesreq oconstructi withn n State ht-o conrnng anclorm withe MANthe UALf-way ON NU MIFOR FITRAF EVD PartICES,vt.orauth th Dee nt dan etrthitvpartme ted nt dan emappoindulyage beshall dhelployeesharmlessnstanaersooragapSUtainedin ju ry pertypro damage olreason th xerce tseby ol he t.perm PERMITTEE;APPLICANT Larry Antonell-i 1081 County Road 218 silr, co 8r.652 Ray GilbertP. O. Box 801 si1r, co 81552 On Ehe nort.h side of State Highway 6, Mile Post. 9i.'i/ a di-stance of feet east from LOCATION ACCESS TO PROVIDE SERVICE TO: PERCENT 100.00 tSingle-Family DeEached Housing (8 Sach) SEE ATTACHED SHEET(S) FOR TERMS AND CONDITIONS /trr 67, 17 ho OTHEB TERMS AND CONDITIONS: llornAl MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority Title _By (X) - oate compleled in an expeditious and safe manner and shall be tinished within 45 permittee wlth the Colorado Department o, Transportailon ln at laasl 48 houra prlor lo commenclng construcllon wlthln tho State Hlghway rlght-ol-way. Grand Junction 21 97 0 -248 -7360 legal to Upon the signing ol this permit ths agrees lo the terms and conditions and referenced attachments containedherein. All construction shall be days lrominitiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior tobeing used. The permlttee ahall noilly ,Tohn Smi r The person the permitte€ must be the owner or representative of the property serued by the permittedaccess and all it's lerms and conditions. Permlttee (X) Title Access Coordj.nator (Date ol issue) Date / b -2Ll This mitper ts otn valid u nti SI ned dua a ut hori zed SEre ativent thofbylyrep De en t.partm EPAD RTM F Ttoo AST OFTE COL OBADOEryT By (x) COPY OISTRIBUTION:R€quir6d; 1 Distnct lOrigrat) 2 Applrcant - 3. Srall ROW Make copies es n6cossary fo.; LocalAulhorily ln3pector MTCE Palrol Tral,ic Enginoer Pr6vrou3 Eddrons ar€ Obsolote and wrlt not & used COOT Form rl0l fl91 ,firro n Dritting Corp. o Name : clo'. Address : City, St, Zip Phone# : Ray Gilbert P.O. Box 1059 Basalt, Colo. 81621 (e70) e274182 Lic. # 1095 lnvoice # c-967 09/1 3/96 silt Date : Permit # LocationP O Box 801 Silt. Co. 81652 Hole Size Depth Type Casing lD Casing OD From-To 9.0 38 Steel 6.5 7.0 0-3E 6.5 80 Steel 5.0 5.0 19-63 (o70\ A76,-276, Perforated Ft Estimated . Static Level Total Drilled 2sft 10+ gpm37 ft 80ft * Recommended Pump Set Depth 60 Ft. Pumping 10 GPM. For Pump lnstallation We Recommend : Aqua Tec Pump Samuelson PumP J&MPumP Co Special lnstructions : Feet Feet 984-03'1 1 flom Platzer) 945-6309 (Raun Samuelson) 945-6159 (Rick Holub) Per Foot Per Foot @ @ $ $ =$=$Price Per Foot Conditions Of Payment Total lnvoice Minimum Charoe Aoolies oav $2.500.00 PLEASE READ THE FOLLOWING RECOMMENDATIONS 1. * WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH WE CANNOT DETERMINE WHILE DRILLING. 2. On Monitoring/Observation Holes (test holes) it is the customer's responsibility to obtaan the proper permit before thl well is put to beneficial use (within one year) or the State may require the hole be plugged and abandoned. We will be happy to assist you whenever possible in filling out the appropriate well application. 3. The tandowner is ultimately responsibte for the plugging and abandoning of dry holes or replaced wells, according to State Rules and Regulations. Please contact us for details and/or prices. 4. ALL TNVO|CES pUE ANp PAYABLE WITHTN 1O DAYS OF INVOICE pATE..gJ\ILESS PRIOR ARRAry9E-MSX XeruOUlnC CHRnOe peR uotrttx uav ae eooeo ts oRys rnou rtRST BILLING. Please call us if you have any questions $ fle c-( !r Joul 1-le'-\a:i <-c' f, iqci-- THAN K YOU oo WATER WELL COMMUNITY SHARING AND MAINTENANCE DECI,ARATION THIS DECLARATTON is entered into on the date set forth below to be effective January 1, L997, to be binding by and among ORVILLE GILBERT and SHERYL GfLBERT, whose address is P. O. Box 801, SiIt, Colorado, and their respective successors in interest in the ownership of Lot 2t Lot 3 and Lot 4, AntonelIi Subdivision Exemption, Garfield County, Colorado (hereinafter rrthe Lotsrr). WHEREAS, each of the parties and their successors in interest are to be the joint otners of WeII Permit Number L96L76 and shall be joint owners of a water well and casing . to be constructed and installed and the water to be diverted by said well system for providing domestic water to commercial uses on the respective properties of the parties; and WHEREAS, the weII and casing and pump shall be utilized by said owners as a lawful water right; and WHEREAS, the water weII and system will reguire d,ril1ing, completion and continuing maintenance and operation, the costs oi which must be borne by the owners and users thereof; and WHEREAS, the weII permit contemplates perpetual, though not constant, use and operation of the weIl, pump and the appurtenant structures; and WHEREAS, ORVILLE GILBERT and SHERYL GILBERT desire to make this Declaration for the purpose of clarifying respective rights and duties and establishing easements and procedures for jointly operating the water well and delivering water to the iroperliei of the owners, and for providing a method for eguitably aiviaing the water derived from operation of the system, and for eguitably allocating the shared paynent of costs of operation and miintenance of the water weII and its pump and other structures by aII of the parties. NOw THEREFORE, in consideration of the mutual obligations, promises, and covenants set forth herein, and the due perf5rrnance'thereof, and for other goqd and valuable consideration, Lfre receipt and sufficiency of which is hereby acknowledged, including but not limited to the acceptance of the benefits and detrimenf.s deriving herefrom, the above-named parties dedicate and agree as follows: l-. The respective owners of each of the Lots shall be deemed to olrn an undivided one-third (L/3) share of the subject well permit, weII, PumP, power Source for the pump, fittings at the welt head, meter (whether existing now or to be installed at a o o rater tine), pumphouse, foot varves, and any pipes or pipelines andany other structures that are jointly used. 2. No owners of the Lots are deerned to have anyownership right in and to any pipe, piperine or other structurEused or reguired sole1y by the owner of another of the Lots whichmay utilize any portion of the water flowing from this water weIIand its structures. This dedication and agreement does not intendto relate to such individually owned or used rights or structures.Nothing in this dedication shall be construed to give any party anyrights to such non-shared property of other parties nor to-obliqat!any party to pay any costs associated with non-shared structures. 3. The owners of each of the Lots shall cooperatewith each other at all tines in all matters necessary to pronotethe proper construction, completion and functioning and use of thewater system in such manner as to provide to their respectiveresidential uses an optimum water supply on demand at all timespossible based upon the natural availability of water. The partiesagree to not vaste water and to endeavor to use no more than arespective share of the available water. At this time it is agreedthat no individual water meters must be installed. If at any timeafter the date hereof, the otrners of at reast two of the Lotsdeternine that meters be installed, then the parties shall installmeters at the individual expense of each party. Waste or over-useshall be deemed to be a material breach of this Dedication forwhich the non-defaulting parties may seek remedy at raw or eguityfor damages or for injunctive relief, or both. 4. The actual and continuing costs of operation,maintenance, construction, extension, ,rpgradj_ng, Lfeaning,repairing and all other work required on sharLa components of thiswater system to cause the water at the well to beCome and remainavailable to deliver water to the parties shall be shared by theparties in proportion to their sharL in the well. This agrelmentshall relate only to costs incurred after the date hereof. Nothingin this Dedication sha1l require reimbursement by any party to anfother person or party for any costs incurred prioi Lo the datlhereof. 5. Subject to the provisions in paragraph 3 above,any party who has been using water from this system and at any timeelects not to share in costs, necessary repairs, mainteiance,rep'lacement and the like necessary to naintain the water well anddeliver the subject water, shall not receive water from the system.At such time as said electing party chooses to resume use of waterfrom the system said party nay do so upon reimbursement to theother users the fuII cost of said partyrs share of suchexpenditures with lega1 interest retroactive to the expendituredate. 2 o o 6. All natters affecting the werr and water systemsharr be jointry and unanimously naae rt"n possible but may be madeunder the control and supervision or sucn -person as a najority ofthe interests fron tiroe Lo tirne ,"v-.no"="] which person sharl bedesignated for thes-e purposes as the werl uanager. such controland supervision shall LxtLnd to, but not necessarily be Iinited to,the right and ob-rigation to make decisions about t-he type of workreguired to be donL on the system, the tining of such work, theacquisition or construction o1 additionar- structures, or devices,the performance. or hiring of such work to be done una irr"rrrring thecost thereof, times and dates of opeiation oe ite punp, and tocorlect from the. parties their r"=pL-.tl"" 'Ln-"i"J':"r such costs.Palment by parties sha1l be due wittrin i;--(l;i days afterreceiving written notice thereof from tt" w"tI Manager. should arnajority fail to authorize.-a_ werr-Manager, then a najority of theinterests sha11 be responsible ana trivE furr authority to nake alldecisions with respect- to the welr and system. The decisions ofthe well Manager, ot a najority "i-ini"rests acting in the absenceof a werl Manager, shari be'binti"g-"1 arr parties subject tojudicial review- for fairness. -and. compliance with the terms andreasonable interpretation of the intenTof this oedication. rf anajority cannot Lgree, then aty party may operate the system inorder to obtain witer for use 6y any'party who desires the waterand pays his share of the costs.- 7- The werl Manager,__or any party, sharl not incur anyexpense with respect to the well .o= =y-=ten-'in "*E=L of g2oo.oo(except in an emergency) without tirst g'iving ten (10) days writtennotice in advance of luch expenditur" -to arr parties who wilr beobrigated to share in such cost. - - unavoidabre and reasonabreexpenses incurred by the well-ltanager-or any party in an actualemergency, sharr be reimbursabre by alr .r"6r"--ir'proportion totheir ownership interest in the weI1. a. If a p3fty objects ^to -any non_emergencyexpenditure, -saia part| must deliver a writtenobjection and the -reasins therefor to the l{elrManager before th3 expiration "i- t"" (10) daysafter having received ihe notice. -ir ""y'p"ilvfails to sd objeci.-tten saia part, waives hisrigh!.to -object and is thereaftei uorina to tinerypay his share of the expenditor"". b. Upol. receipt of an objection, the WellManager or other party acting i" - Lrrit' ""p."iiv,shall reques-t approvit of ; n"l""ity of theinterests before -p.-roceeaing with afi;-;"penditure.If a majority approves the expenditure, the t{eIIttalasgr rnay proceed, and all p"iti"", i"dr"aing ih"objector, sharr be bound to t'inliv-piv iris share of!1. expenditures, except in urry-irr-=t'.rr"" in whichthe objector has oblained a j"ai"i"f d;;;;; 3 o o preventing the Well Manager or party fromproceeding. Without su.ch_ ,nJioriW approvat, theexpenditure sharl not bind iy-;;;iy nor agreeingtg !!". expendity.re. Any -party-n6t p.-'ying his shareof this expenditure sniri n6t ont-ai'n water untilnaking such palment. ATy^ non_payinf party may atany tirne seek judiciar interyention'to prevent anexpenditure n?t approved by tfre - maj ".-iiy - ;; t;reguire a repair ne-cLs=ary i6. ail; of,?ration of rhesystem. as bilred at:#!t#':*Ii !: illisi$I"'i"txr. ?'"ill"I; E:#i:i;county as a breach of this oedicaii"" nt i"rr itli-"" ."y be broughtby the welr.Manager oi-i'y non-defaulting- paity. Any judgrmentobtained against Juch p..iy- may be collecte-d irnaei then applicablecolorado raws for "oir""€i"r,'i{ ii!^sr""t=. The courr in itsdiscretion may award against said aLritrting party as part of thejudgrment an .amoun_t ."qolf-to the c""ri-costL and attorneyrs feesincurred by the plai;il* expended in obtaining such judgrment andcollecting payment thereon. t o s ra nr or. .n-r1] o" u t lli, 3x";T; ""t"ff:I";f , tl; T::, ;l ?+ : ::= ff :ffi lacross their Lots as necessar.y and sufficienu i;;-;;i= Dedicationto be performed for trre ulnerft oi u-rr -trr" parties as users of theshared pump and c-oTmo! piperin" oi-t.Jatnent any structures andshall be construed to be'-a- grant of an easement for non-shared orindividual pipelines;;;yi"g ,"t". ro the respective residentialLots, in rocations to be a;t#;i;;e "ro" conveyance of individualn"i3i.ll"3ili"lfr:l:"'*t .''a sHenii-ciisinr, "*L"pi-.J r.y already c on s r ru e d a s a.,i;. " IFll' :t !1,, r.._T. ff-. l? ;i t. i.= Blr, jJ, i"Tf"r", : ;waters as heretofo.. ""qrired 6r or."a fy *, p"i-til Each partyagrees to not interfere at any time ;id, ah'" -p.-";',; use by anyother party of its inteiest - _i" -i"v 'rit", structure and sharrindemnify and save harmless .11 gther parties and users from anvl-oss or damage or injury-caused uy the'acts of =.ia-indemnifyiniparty. Ll-. The term hereof sha1l be perpetual. to the benerit'j; "ltiir3"%"T"?."i :13':,i"?iiTiIg"HB:" # til:i:assignees or successors, and the "a="r"rrts and covenants granted oragreed to herein sha,l be deemed t"-."" with the rand and sha,lencumber the rand of eaeh party ror ttre-benefif ;f a; propertiesof the parties as descriUei herein. 4 r h e v a I i d i t y, " l i ;..tli u. xH J.r,,,."1", jj x.r" ;,nr, s.rr:;is:. iH ] t s ov e rn L4' This Dedication may not be modified in anymanner except by an instrume"t i"-rrtffig ;i;";; iiTrr"=s of ar,Lots in rhe Antonerri iuuJi"i=i"" i*iiitr"". o IN WTTNESSDeclaration on the tf; /i Orv I eG bert STATE OF COI,ORADO COUNTY OF GARF'TELD rt The fo instrument was acknowl edged before me o ,the parties have signed this , Lgg6. L996, by ORVILLE ) ) ) ss gl this , .-7 / daycTLBERT anffi-enyl, -c Witness ny hand and official seal. My Commission Expires: .1/.,,r: /-:,, Notaql Pub c t .--/7 : i/- 5 Form No. GWS-25 APPLICANT RAY GILBERT BOX 801 stLT CO 816s2- (970)876-2766 PERMTT TO USE AN E(ST]NG WEl.I oFFtcE oF THE StraTE ENGTNEER coLoRADO DMS! oF WATER RESOURCES |sft i;Sflgll Blds'' 13'13 sherman St., Denver, cotorado 80203 o aPPROVEp WELL LOCATTON GARFIELD COUNTY SE 114 SE 114 Section Twp 6S RANGE 92W Lot: Block: Filing Subdiv: 109s 5 6th P.M. DISTANCES FROM SECTION LINES 1275 Ft. trom South Section Line 25O Ft. from East Section Line WELL PERMTT NUMBER Dlv. s cNw. 2s 047545 -rF_WD 39 DES. BASIN MD 1) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER BIGHTCONDMONS OF APPROVAL This well shall be used in such a way as to cause no materiar iniury to existing water rights.permit does not assure the applicant tnai no injury wifl oc;;;i" another vested water rightowner of a vested water right fiom seeking rerief in a civir court action. The issuance of the or preclude another 2) s) The construction of this well shall be in compliance with the water weil construction Rures 2 cc. 4oz-z,unress;i.?jilff,j#:fl::.T,":::t::T1,jrJ3" s*nliit",i oie*,,iners or w,i", w"rr constru*ion ,n! pump Approved pursuant to cRS 37-go-137(2) for the use of well constructed as a monitoring hole (Fite No. MH-29148),appropriating ground water tribut"ry io the cororado nv"r, al an afternate point of diversion to the Avalanchecanaland siphon' on the conoition inai ine werrshall be op".t"o ontv when in" w""t Divide water conservancyDistrict's substitute watel supply plan, afproved by the siate EngiilJer, is in etreci ano when a water allotrnentcontract between the well owner and the west Diviie wrto con.]"*lv oi".i.ii";,n" rerease of repracementwater from Ruedi Reservoir is in effect, or under "n ,ppr*"d pran for augmentation. WDWCD contract#960s22RG(a). 4) The use of ground water from this well is limited to ordinau^household purposes inside one (1) single familydwelling' the irrigation of not more ihan t:,ooo "qr"i"i""i (o2g o{rn ,"i"ioiiome gardens and rawns, and the[:t:l!fl:,1,l|]Tj,""1]iffil* All use or this weil *itr oe crrtaired unress in" *"t", arotment contract or a pran 5) The maximum pumping rate shail not exceed 15 GpM.6) The average annual of amount of ground water to be appropriated shail not exceed one (1) acre-foot (g2s,gs.gallons). 7) A totalizing flow meter must be installed on this wefl and maintained in good working order. permanent recordsEl3',i,:'J:'r1#rfir]j: '"int'in"Jov,n" *"rr o*n"r liecoroeo at reast annuary) and submitted to the Division 8) The owner shall mark the well in a conspicuous place with w_eir permit number(s), name of the aquifer, and courtcase number(s) as appropriate' The owner shall take necessary means and precautions to prese,ve thesemarkings. t r1 r-.; .t\,1 I) i l;-;'*,i t DArErssuEDN0V 071996 3rr,*o,o* DArilOV 7 1997 \AAPPROVED KBM State Engineer Receipt No, 0406779