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Home My WebLink About3.0 Satisfaction of Conditionso o THOMAS \^r'. STUVER DANIEL D. LEMOINE BARBARA L. CLIFTON STUVER, LeMOINE & CLIFTON, p.C. ATTORNEYS AT LAW I20 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO at650 October 4,2006 TELEPHONE 970 - 625-tAA7 FAX 970 - 625-444A Fred Jarman Garfield County Building and Planning 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 T?Ir.r.rlIE/ryn rji,i ,!l i ,r:1;t, , , '' - ...' ,,' ". .' :,1.,, i-uiii -r & FlLril,i;nr1,nO RE: Harris Subdivision Exemption Dear Fred: Enclosed are the final submittals for the Haruis Subdivision Exemption consistent with the Board of County Commissioners' approval on June 12,2006. Specifically, we have enclosed for your review copies of the proposed Exemption Plat, Declaration of Protective Covenants, Declaration of Well Water Use and Maintenance, and Declaration for Roadway Easement and Maintenance Obligations. The approval conditions identified in your June 14,2006 ietter are addressed as follows: I. The Applicant shall include the following text as plat notes on the final exemption plat: a. control of noxious weeds is the responsibility of the property owner. b. No more lots may be created by Exemption. c. One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owners property boundaries. d. No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (l) new solid fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. e. All exterior lighting shall be the minimum amount {recessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision, except that provision, -uy be rnade to allow for safety lighting that goes beyond the property boundaries. f. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities. sights, sounds and smells of Garfield County,s oo Garfield County Building and Planning RE: Harris Subdivisron Exemption Page 2 agricultural operations as a nornal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non-negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as apart of a legal and non-negligent agricultural operations. g. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance offences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and Iandowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is'A Guide to Rural Living & Small Scale Agriculture-"put out by the colorado State university Extension office in Garfield county. h. All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado. i' Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home shall be posted to clearly identifu each address. Letters are to be a minimum of 4 inches in height, Y2 inch in width and contracts with background color. j. Driveways shall be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather condition. k Combustible materials shall be thinned from around structures so as to provide a defensible space in the event of a wild land f re; and I . Due to the lack of current fire protection water supply and travel distance to the area, the Rifle Fire Protection District would likely experience difficulties in extinguishing a large fire. m. The mineral rights associated with this property (also known as Parcels A & B of the Harris Subdivision Exemption) were leased as of June 12,2006 allowing natural resource extraction on the property. n. Driveway permit shall be obtained from the County Road and Bridge Department prior to the oo Garfield County Building and Planning RE: Hanis Subdivision Exemption Page 3 issuance of a building permit for Parcel B. Response: These plat notes are included on the proposed exemption plat. IL . Priorto the signing of the plat, all physical water supplies shall demonstrate the following as part of the final plat submittal: a. That a four (4) hour pump test be performed on the well to be used; b. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; e. An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f. The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g. A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. Response: The well completion report and well permit are enclosed. A review copy of a Declaration of lMell Use and Maintenance also is included. The remainder of the documents are have been requested and should be forthcoming. III. Due to the lack of fire protection water supply in the areaand the travel distance for emergency response to the area, the Applicant shall explore the feasibility of a fire protection water supply in the area such as ponds, irrigation canals, etc. in concert with the District. The Applicant shall have a meeting with the District in order to determine what alternatives may be available, in addition to those listed in plat notes i through I above, for the provision of fire protection water. Response: A site visit with the RiJle Fire Proteclion District has been scheduled. IV. The property appears to lie within the RE-2 School District. As such, the Applicant shall be required to pay $200 for the creation Parcel B. This fee shall be paid at the time of final plat. o Garfield County Building and Planning RE: Hanis Subdivision ExemPtion Page 4 Response: A checkfor $200for the school impactfee is enclosed- V. The Applicant shall be required to obtain a driveway access permit from the Road and Bridge Departmeni for the access easement as it connects to CR 3 0 I which will include a paved or concrete apron and a new culvert to replace the existing one. An on site meeting will be required prior to installation of the improvements and reviewed and approved after installation. Response: Applicant agree to obtain such a driveway permit. This condition of approval also is identified as o plat note on the exemption plat. VI. The existing septic system location shall be determined to veri!, that there are no conflicts with setbacks for the proposed Parcel B. Response: The existing septic system is located on the exemption plat. I will submit the remaining information as soon as I receive it. Please feel free to contact me should you have any questiom oiif you need additional copies of any of the submittal information' Very truly yours, STUV OINE & CLIFTON, P.C. Barbara L. Clifton cc: Andy and ShirleY Harris Trey Harris o