HomeMy WebLinkAbout2.0 BOCC Staff Report 04.01.1996REQUEST:
APPLICANT:
LOCATION::
r ..
BOCC 4/1/96
PROJECT INFORMATION AND STAFF COMMENTS
An exemption from the definition of
subdivision.
Arthur & Elke Jowell (Represented by Terry
and Matt Harrington)
A tract of land located in a portion of Section
33, T7S, R87W of the 6th P.M.; located
approximately four (4) miles east of
Carbondale along State Highway 82.
SITE DATA: 9.09 Acres
WATER: Individual wells
$EWER: Individual sewage disposal systems
ACCESS: Direct access to SH 82; easements
EXISTING ZONING• A/R/RD
ADJACENT ZONING: A/R/RD
1. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within the Low Density Residential Proposed Land Use
District (10+ acres/dwelling unit), as designated by the Garfield County Comprehensive Plan
for Study Area I.
11. DESCRIPTION OF THE PROPOSAL
A. Site Description. This 9.09 acre tract lies on the south side of the State Highway 82
frontage road,. approximately four (4) miles east of Carbondale. The land slopes very
gently from the frontage road down to the Roaring Fork River, where portions of the
property are within the designated floodplain of the river. The land is traversed by
two (2) irrigation ditches, the Patterson -Cummings Ditch, located on the northern
portion of the property and the Basin Ditch, located on the southern portion of the
property. Vegetation consists, generally, of pasture -type grasses occupying the
majority of the tract, with cottonwoods the major vegetation near the river. The tract
has an existing single family dwelling and is home to a number of domestic animals.
See vicinity map, page Cj
B. Adjacent Land Uses; The adjacent land uses are primarily residential, on lots of
varying sizes, with a limited amount of agricultural land uses in the vicinity.
C. ;Proposal; The applicants propose to divide, by exemption, the 9.09 acre tract into
three (3) parcels of 2, 3 and 4 acres each. Parcel B, the four (4) acre parcel, would
consist of the existing home and, staff assumes, Parcels A and C would eventually be
developed as single family homesites. See sketch map, page 6
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 I, 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 (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable;"
Deeds submitted with the petition indicate the applicants purchased the property in
August, 1983, from owners who had previously acquired the property in June, 1972.
See deeds, pages 7 - . It appears the property has remained in the same
configuration as it was in 1972; therefore, it appears this request complies with
Section 8:52 (A) of the subdivision regulations.
B. Zoning: The subject property is within the A/R/RD zone district which mandates a
minimum lot size requirement of two (2) acres. All proposed lots are in excess of this
minimum requirement.
C. Water, The applicants are proposing the use of individual wells as the water supply
for all lots. There is an existing well on what would be Parcel B, which apparently is
being late -registered with the Division of Water Resources. This well is the subject
of a water -rights decree (Case No. W-1256, attached on page /() ) and the
remaining, proposed wells, will be guaranteed by Basalt Water Conservancy District
contracts, which were recently issued. See Resource Engineering letter and contracts,
pages (1— 17 . The existing well was recently pump -tested, forming the conclusion
that the well is capable of producing 25 GPM with minimal drawdown. The individual
conducting the pump test speculated that there should be no problem with a physical
water supply for the additional wells and that no wellsin the area would be harmed.
See pump test and other information, pages f$ - / q .
D. ,Sewer/Soils: The intended method of waste water disposal is the use of individual
sewage disposal systems. According to the Soil Conservation Service, there are four
(4) different classifications of soil. When ISD systems are used in these soils, all soil
types are considered to have severe constraints, generally due to the soil being a poor
filter. When used for building site development, constraints are considered to vary
between slight and severe. Staff recommends the inclusion of a plat note to address
these limitations.
E. Access: Access to the three (3) parcels is proposed to be via a new access along the
western property boundary. The petitioners have made application to the Department
of Highways regarding this access. See application, page 2-0 . There is an
existing driveway that intersects with State Highway 82 frontage road, located along
the eastern boundary of the property that is currently used for access to the tract in
question, as well as access to the adjacent parcel, located east of the applicant's
property. In the event the proposed access is not granted, the petitioners have
submitted an application to the Colorado Department of Highways to amend the
existing permit for the proposed uses. See the permit application, page Z f .
No matter what access is decided upon, it will be necessary to dedicate easements,
on an exemption plat, across what would be Parcel A to provide access to parcels B
and C. Staff recommends a favorable response be received from the Department of
Highways and access easements be recorded, prior to the authorization of an
exemption plat.
F Fire Protection: The Carbondale & Rural Fire Protection District has responded to
this request indicating the property is within its district. The District further states
that response time to the property is between 10 and 15 minutes and that an impact
fee of $235 per lot ($470 total) is due prior to the authorization of an exemption plat.
See letter, page 7 7i . Staff recommends the inclusion of a plat note addressing
wildfire mitigation.
G Roaring Fork River Floodplain; Portions of the tract exist within the designated, 100 -
year floodplain of the Roaring Fork River, specifically those areas generally south of
the Basin Ditch. See floodplain map, page 23 . The majority of the floodplain
designation in this ares is "Flood Fringe," which may be built upon with the proper
permitting by the County and, if applicable, the Army Corps of Engineers. At this
time, staff is not aware of any plans to build within the flood fringe; however, staff
recommends a plat note address the limitations caused by the floodplain designation.
H. Easements: Staff has received comment regarding the easement for the Basin Ditch,
requesting a dedicated 40 foot easement and wording that no structures or pipes be
constructed in or over the Ditch without approval by the ditch owners. See letter,
page 2 . Rocky Mountain Natural Gas Company's transmission line occupies
a portion of what would be Parcel A and instructs that, according to the easement, no
structures shall be built on or across the pipeline. See letter, page ZS^ . Staff
recommends these concerns be made conditions of approval and included as plat
notes. Any additional, required easements for drainage, utilities, access, irrigation
ditches, 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 ($400.00 total) created by this exemption.
J. Potential Road Impact Fees: Upon 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.
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 APPROVAL of the application, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access or utilities.
3 That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00, per lot ($400.00 total), in School Impact
Fees for the creation of all exemption parcels.
5. 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."
"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."
"Portions of this property lie within the designated, 100 -year floodplain of the Roaring
Fork River. If any development is proposed for the area within the designated
floodplain, it will be subject to applicable County, State and Federal review and
permitting."
"The grantors of the Rocky Mountain Natural Gas pipeline easement shall not build
or construct nor permit to be built or constructed any building over or across the
existing pipeline. This easement is 25 feet on either side of the pipeline, as built and
in place."
"The provisions of the existing easement for the Basin Ditch shall be respected at all
times by current or future owners of any lot created by this exemption. No structure
or pipes shall be put into or over the Basin ditch without prior approval of the Ditch
owner(s)."
6. The control of noxious weeds shall be the responsibility of the landowner.
7 Final approval by the Colorado Department of Highways regarding the proposed
access, either the new, proposed access or the amended, existing access.
8. All well permits for the additional lots created by this exemption shall be issued by the
Division of Water Resources, prior to the authorization of an exemption plat.
9. The applicant shall pay the Carbondale & Rural Fire Protection District impact fees
of $235.00, per lot ($470.00 total), prior to the authorization of an exemption plat.
10. All lots created by this exemption shall be no less than two (2.0) acres in size and shall
conform to all provisions of the Garfield County Zoning Resolution of 1978, as
amended, at time of building permit submittal.
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MEMORANDUM
TO: Board of County Commissioners
FROM: Eric McCafferty 6
RE: Jowell Subdivision Exemption (April 1, 1996)
DATE: March 28, 1996
The information attached to this memorandum was submitted after the completion of the staff report;
however, it should be considered along with the other material and staff comments. In short, the
attached information discusses the physiographic nature of the property and specifies design and siting
of ISD systems, drawing the conclusion that the lots, as proposed, would provide adequate areas for
the construction of appurtenant, residential structures.
Additionally, a signed application for state highway access is attached, which refers to the new,
proposed access that would be located along the western property boundary of the tract in question.
The application included within the staff report had not been signed by the current owners of the
property. The application should be substituted for page 20 of the staff report.
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
113 9TH STREET, SUITE 214
P.O. 130X 1458
GLENWOOD SPRINGS, COLORADO 818021458
Pt-IONE: (970) 945-2550 FAX: (970) 945-1410
March 27, 1996
Terry Harrington
79 Ute Ave.
Carbondale, Colorado 81623
970-963-2447
Re: Site Investigation for Parcel Located at 1 7605 Highway 82 Frontage Road;
Carbondale, Colorado 81623
Dear Mrs. Harrington:
In accordance with your request, Jerome Gamba & Associates, Inc. conducted a site
investigation of the parcel of land located approximately 1 .5 rniles east of Catherine's Store
on the south side of Highway 82. The site investigation was performed on March 20,
1996. The purpose of the investigation was to determine the feasibility of dividing the
parcel into three lots and providing each lot with a septic system. We did not conduct a
survey of the site, but from maps and plans provided by you, we were able to determine
the approximate location of the proposed lot lines and possible septic system locations.
The following report discusses our findings and our recommendations for the site.
Beginning at the Roaring Fork River at the south end of the site, the topography of the site
consists of a series of three benches running up to the Highway 82 Frontage Road. The
first bench being the lower bench is approximately 5 feet above the river level at the time
of the investigation and consists of the land between the river and the Basin Ditch. The
second bench being the middle bench is approximately 6 feet above the first bench and
includes the land between the south edge of the Basin Ditch and a retaining wall just south
of the existing residence. The third bench being the upper bench is approximately 8 feet
above the second bench and includes the land between the retaining wall and the north
edge of the property.
A man-made pond exists on the middle bench of Lot B, and a pit had been excavated on
the middle bench of the adjacent property to the east. In both cases, ground water was
found approximately four feet below the existing ground surface.
Jowell/Harrington Subdivision Exemption
March 27, 1.996
Page 1 of 3
The site is approximately 1450 feet long and 292 feet wide with the long direction running
generally north and south. The proposed lot lines provide a lot of approximately 2 acres
along the north boundary (Lot A), a lot of approximately 4 acres in an L-shaped
configuration (Lot B), and a rectangular lot of approximately 3 acres in the south west
section of the Parcel (Lot C). The existing residence is located on Lot B.
The Lot lines as proposed divide the Parcel along some existing natural boundaries and
provide a division of the land which mitigates the impacts to the adjacent lots. We would
however recommend that the lot line running north and south between Lots B and C be
moved to the east to provide more middle bench area for Lot C.
An approximate location of the 100 Year Floodplain was determined for the site using the
Colorado River and Tributaries FLOOD PLAIN STUDY maps (see FIGURE 1). Only a portion
of the lower bench is located within the 100 year floodplain.
Lot A is located completely on the upper bench. The existing residence along with the
existing well and septic system are located on the upper bench section of Lot B. The
remaining undeveloped portion of Lot B contains a section of both the middle and lower
benches. Lot C is located on the middle and lower benches.
According to the Colorado Department of Health (CDOH) and the Garfield County ISDS
regulations, the topography, groundwater conditions, and the proximity to adjacent wells
and septic systems easily facilitates the construction of a single-family residence, domestic
well, and septic system on Lot A.
As stated above, Lot B contains the existing house, well, and septic system. Further
development or improvements on Lot B are not anticipated.
With the relocation of the lot line between Lot B and Lot C as recommended above, Lot C
would have adequate area (approximately 0.5 acres) of developable land for the
construction of a single-family residence and septic system on the middle bench which is
not within the floodplain. There is also buildable area within Lot C located on the lower
bench. If the building site on the lower bench is within the floodplain, a special use permit
would be required.
The general septic system design we would recommend for the two new residences would
consist of a septic tank, a dosing or pumping chamber to regulate the outflow, and a
leaching bed using infiltrator units. These designs would be prepared in accordance with
the Colorado Department of Health and Garfield County ISDS regulations. In accordance
Jowell/Harrington Subdivision Exemption
March 27, 1996
Page 2 of 3
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
with these regulations, at the time of design, the ground water table would have to be
determined under the proposed leaching areas and incorporated into the design. Similarly,
percolation tests and soil profiles would have to be performed within the proposed leaching
areas. ISDS design criteria state that the leaching surface of a leachfield be a minimum of
4 feet above the mean high ground water table. The design criteria also states that the
soil material between the leaching surface and the groundwater table have a percolation
rate no faster than 20 minutes per inch in order to adequately filter and treat the septic
effluent. These design criteria may require the construction of Wisconsin Mound type
leach fields and/or the importation of adequate filtration material.
As stated above, the lots as proposed would provide adequate area for the construction of
septic systems, domestic wells, and single-family residences which would comply with all
applicable state and county regulations. If you have any questions, please call.
Sincerely,
Jerome Gamba & Associates, Inc.
Nathan Bell, Design Engineer
Attachment: FIGURE 1
S:\96484\INSP-RPT.WP6
Michael Gamba, P.E. 28036
Jowell/Harrington Subdivision Exemption
March 27, 19.96
Page 3 of 3
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
100 YR FLOODWAY BOUND RY
ADDENDUM
To: Board of County Commissioners
From: Planning Department
Re: Jowell Subdivision Exemption (Continued from April 1, 1996)
Date: April 29, 1996
As the Board will recall, this petition for exemption was continued to allow the proponents time to
address various concerns raised by adjacent landowners and other interested citizens, specifically due
to the citizen's claims that they had not had sufficient time to review changes that were made in the
applicant's file. Staff notes; however, that all changes to the file were as reported in the Staff Report
presented on April 1, 1996. The specific changes that were points of concern were:
1) The change from a shared well to individual wells to serve each proposed parcel (for which
the applicants have received water allotment contracts from Basalt Water Conservancy
District);
2) A potential change in the proposed access from the existing access, located along the eastern
portion of the subject property, to the western boundary of the subject property. Staff notes
that the applicants have indicated the access (to all proposed lots) would remain along the
eastern property line, as it presently exists;
3) Sight distances and viewplanes that could be affected by future development in the meadows
on the north and south sides of the property, as well as potential building envelopes;
Information that was presented at the time of the meeting that was not reviewed by staff or contained
within the original staff report is attached, herewith. This information includes:
1) An aerial photo (date unknown) of the subject tract and the vjcinity, depicting the spatial
arrangement of the existing land uses, attached on page 7
2) A color depiction of parcels in the vicinity (made from an Assessor's Map), their relative sizes
and configuration, attached on page 27
3) The easement for the Basin Ditch, circa 1887 (The applicants have recently submitted a
Ditch Improvement and Easement Agreement, which stipulates certain improvement criteria
and defines the width of the easement as 20 feet on either side of the centerline of the Basin
Ditch, attached on pages 30 -3 L/)
4) Three (3) letters submitted by concerned neighbors/citizens generally addreing floodplain,
septic, water supply and neighborhood issues, attached on pages 3.S 3
Staff still recommends APPROVAL of the application and feels the recommendation is appropriate,
especially since the petitioners have submitted a detailed application that discusses the pertinent
issues, in-depth, and that the proposal complies with the underlying, A/R/RD zoning, which stipulates
minimum lot sizes of two (2) acres.
•
BO(C 4/1/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Arthur & Elke Jowell (Represented by Terry
and Matt Harrington)
LOCATION: A tract of land located in a portion of Section
33, T7S, R87W of the 6th P.M.; located
approximately four (4) miles east of
Carbondale along State Highway 82.
SITE DATA: 9.09 Acres
WATER: Individual wells
SEWER: Individual sewage disposal systems
ACCESS: Direct access to SH 82; easements
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RI)
1. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within the Low Density Residential Proposed Land Use
District (10+ acres/dwelling unit), as designated by the Garfield County Comprehensive Plan
for Study Area I.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: This 9.09 acre tract lies on the south side of the State Highway 82
frontage road, approximately four (4) miles east of Carbondale. The land slopes very
gently from the frontage road down to the Roaring Fork River, where portions of the
property are within the designated floodplain of the river. The land is traversed by
two (2) irrigation ditches, the Patterson -Cummings Ditch, located on the northern
portion of the property and the Basin Ditch, located on the southern portion of the
property. Vegetation consists, generally, of pasture -type grasses occupying the
majority of the tract, with cottonwoods the major vegetation near the river. The tract
has an existing single family dwelling and is home to a number of domestic animals.
See vicinity map, page 5 .
B. Adjacent Land Uses: The adjacent land uses are primarily residential, on lots of
varying sizes, with a limited amount of agricultural land uses in the vicinity.
C. Proposal: The applicants propose to divide, by exemption, the 9.09 acre tract into
three (3) parcels of 2, 3 and 4 acres each. Parcel B, the four (4) acre parcel, would
consist of the existing home and, staff assumes, Parcels A and C would eventually be
developed as single family homesites. See sketch map, page .
• •
W. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision
Regulations states that "No more than a total of jbur (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 statural. 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 (4) lot, parcel, interest or dwelling unit
limitation othenvise applicable;"
Deeds submitted with the petition indicate the applicants purchased the property in
August, 1983, from owner who who had previously acquired the property in June, 1972.
See deeds, pages. It appears the property has remained in the same
configuration as it was in 1972; therefore, it appears this request complies with
Section 8:52 (A) of the subdivision regulations.
B. Zoning: The subject property is within the A/R/RD zone district which mandates a
minimum lot size requirement of two (2) acres. All proposed lots are in excess of this
minimum requirement.
C. Water: The applicants are proposing the use of individual wells as the water supply
for all lots. There is an existing well on what would be Parcel B, which apparently is
being late -registered with the Division of Water Resources. This well is the subject
of a water -rights decree (Case No. W-1256, attached on page ?" f1) ) and the
remaining, proposed wells, are the subject of Basalt Water Conservancy District water
allotment contracts, which were recently issued. See Resource Engineering letter and
contracts, pages /1 "' % 7 The existing well was recently pump -tested, forming the
conclusion that the well is capable of producing 25 GPM with minimal drawdown.
The individual conducting the pump test speculated that there should be no problem
with a physical water supply for the additional wells and that no wells in the area
would be harmed. See pump test and other information, pages /g " / 7 .
D. Sewer/Soils: The intended method of waste water disposal is the use of individual
sewage disposal systems. According to the Soil Conservation Service, there are four
(4) different classifications of soil. When ISD systems are used in these soils, all soil
types are considered to have severe constraints, generally due to the soil being a poor
filter. When used for building site development, constraints are considered to vary
between slight and severe. The applicants have engaged an engineer to evaluate the
site and make recommendations concerning ISDS siting and design. The engineer
states that the proposed lots would be adequate for the provision of septic systems,
wells and residences, which would comply with state and county regulations. See
letter, pages 2.0 - 13 . Staff recommends the inclusion of a plat note to address
the soil limitations.
E. Access: Access to the three (3) parcels is proposed to be via the existing driveway,
which intersects with State Highway 82 frontage road, and is located along the
eastern boundary of the property. The driveway is currently used for access to the
subject tract, as well as access to the adjacent parcel, located east of the applicant's
property. The petitioners have submitted an application to the Colorado Department
of Highways to amend the existing permit for the proposed uses. See the permit
application, page 214/ . It would be necessary to dedicate easements, on an
exemption plat, across what would be Parcel A to provide access to parcels B and C.
Staff recommends that access easements be surveyed and recorded, prior to the
authorization of an exemption plat.
• 1
F Fire Protection: The Carbondale & Rural Fire Protection District has responded to
this request indicating the property is within its district. The District further states
that response time to the property is between 10 and 15 minutes and that an impact
fee of $235 per lot ($470 total) is due prior to the authorization of an exemption plat.
See letter, page .2-5 . Staff recommends the inclusion of a plat note addressing
wildfire mitigation.
G. Roaring Fork River Floodplain: Portions of the tract exist within the designated, 100 -
year floodplain of the Roaring Fork River, specifically those areas generally south of
the Basin Ditch. See floodplain map, page ''�,, . The majority of the floodplain
designation in this ares is "Flood Fringe," which may be built upon with the proper
permitting by the County and, if applicable, the Army Corps of Engineers. At this
time, staff is not aware of any plans to build within the flood fringe; however, staff
recommends a plat note address the limitations caused by the floodplain designation.
Easements; The applicants have entered into a Ditch Improvement and Easement
Agreement with the Basin Ditch owners, which sets forth certain criteria in
improvements and other matter. The Agreement specifically states the width of the
easement to be 20 feet on either side of the centerline of the Basin Ditch. See
Agreement, page 36 - 3 `/ . Rocky Mountain Natural Gas Company's transmission
line occupies a portion of what would be Parcel A and instructs that, according to the
easement, no structures shall be built on or across the pipeline. See letter, page
2 i . Staff recommends these concerns be made conditions of approval and
included as plat notes. Any additional, required easements for drainage, utilities,
access, irrigation ditches, etc., will be required to be shown on the exemption plat.
I. School Impact Fees: The applicant will be required to pay school impact fees of
$200, for each lot ($400.00 total) created by this exemption, prior to final approval.
J. Potential Road Impact Fees: Upon 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.
IV. SUGGESTED FINDINGS
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 APPROVAL of the application, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00, per lot ($400.00 total), in School Impact
Fees for the creation of all exemption parcels.
5. 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 buildingermit applicant." f W'� - Ae eE�^ 126)
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i.o�f Ov✓N6e5 ca etc" vocri-1 4CL SI:4(C AC-W-1,dbcio^'S
"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."
"Portions of this property lie within the designated, 100 -year floodplain of the Roaring
Fork River. If any development is proposed for the area within the designated
floodplain, it will be subject to applicable County, State and Federal review and
permitting." bt V t),) C°'f /VIA i? A,.c,►, 4 re -S tia^1 7
(� Tco Sr�C, L S ( ll,�2n.4\ i 4,1P .,--r-L44;11 i
ko-biks-i c; y
"'Thi g'rantor o t Ro ky"l�Iountam atm_ aT bas pi, e.Che �asement'shall not build
or construct nor permit to be built or constructed any building over or across the
existing pipeline. This easement is 25 feet on either side of the pipeline, as built and
in place."
"The provisions of the existing easement for the Basin Ditch and the Patterson -
Cummings Ditch shall be respected at all times by current or future owners of any lot
created by this exemption. No structure or pipes shall be put into or over the Basin
Ditch without prior approval of the Ditch owner(s)."
6. The control of noxious weeds shall be the responsibility of the landowner.
7. All well permits for the additional lots created by this exemption shall be issued by the
Division of Water Resources, prior to the authorization of an exemption plat.
8. The applicant shall pay the Carbondale & Rural Fire Protection District impact fees
of $235.00, per lot ($470.00 total), prior to the authorization of an exemption plat.
9. All lots created by this exemption shall be no Tess than two (2.0) acres in size and shall
conform to all provisions of the Garfield County Zoning Resolution of 1978, as
amended, at time of building permit submittal.
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Recorded tt(•>)•
R•.►pilor, tin ..
Kte thio•-� ]nth .lay of Aut4u(tt 1'f13.
'Tal" 1)r.cn.
hateseen AS1111 C1V:IlJ11( `ill;'1'(JLr (7t1«'A�i . INC..
sr
;147` ire
itllli :1;) lyt.�.�
n rn R•nr A+inn d .It ora trier,.
and r•.i•Itoe uoA,•t anal by • nm• .•( the lam • of the Stale .d (bl01 "ilt
Arthur P. end !Ulu` II. ,lour.-'$ •nr 1.h. /lost part, and f4/"'.•3',i ( l 711._ /Qs •, r L O. / i/ 2
V• snarly of (lief ii 1d
of the
t nd slot,. of eolnr Alla, n Ihr r e4,4r.,i roar,: /
11'ITNl:y,..iT11: That the .old party of the fltal part. for mini In ran• It
rldrrnt,nn of lb. «tm Il.l 1X711 A1ZC (510.00) and other pond and vnluable c aiders
In It In hand paid hr the .nil p•rlle• ar ler ..•ennA pari. 1h.• r.relp1 ..11.•renr la hereby crnf..tad and aeknoreledired.
and 1 these pn.rnl■ dura bran!, bargain. Sell, convey and tnnflrm oats
I ..1•
has ((1,4 par es ofnthed, •rel and conveyed • r pint tenAnet, the Irtlr,'Irnr of them, their Malan• {i •
the •Std parties ^( the aernnd part. not In lrnancs In common M11 In 1 Acrel of land, Sterid, lifeltf .•v�•e
B lot et p 1
IAA the 11•1 Fit and aaal(rna uf rich aurvlem forever,
Co all t of following
Carf lel rite and State of Colorado. W wit
County a 87 iket�;
Std Mini In the Sect i' 33, 3ltunshlo 7 South, RAng. LJ
A tract of lane! situated in Lots 7 ant; J ire
6th P M described as beRlnntng ata nolnt in the Southerly right-of-way fence �li+a of r '
P.AngColorado Vtte (ih P. 1.t bears S 63' whence 8' fhcSE 4.926.225rof feet;ethencetion 35,02 2J'02' E.`315.139-
feet;
1h 139
f e t e £7 leVest, G1.}1 a c
feet: t:hlslc:e S t12'58' W. 121.612 fee r.; tl)e1c. 02°49'42" 1'. 370.576 feet to the a°;r icer
2line
9 4170 feet
theSSouth67 Feet line ofto the Ehnid Lot lt8; thenceth lbie fi0said
01.15'Lot
C.;thence S 1, ?15 feet�t0 the.'
29u 170her yet Siate righway 00. 82;
Southerly etFalc'ng-ofoline ofht ofrw:ay fence line of Coloradothence State } 72'09 uh ay Uo'.82 ,)
285.270 feet along the Southerly rig 1y1
to the int of (',E:riminf.
1. ,e1 1 Ir 1 w .,�
' - tyk.0
seder. { 1 .. 1i
INC fTAtlP
pmfao
VOL 10(13
elate Dae. Pie .
TOG rill Ell with all and 10n11{{ular the heredtlarnenta and appurtenance. the, 'unto b.InnnI0 , or In •nyW(
appertaining. and the revcraion and reversions. rrmalndeI and r,n,nlndet, rent., t•n'r• nn,( profits, thereof: and all
third •t of. In and (1, •%,e above boraainlpremi•rs, wirth thelher..I'tamrnl. and of th, sold appurtenanctty or eaftrat part. either In law or
e,1. y with the appurtenances. unto tea
TO 11.11' I AND 70 1101.1) the Arid of of n Shave ra signs. and thecheir, har assigns
said harlira n( ter second part, Ihr aun;vor of teem, their asai(p,I, and the heir► anA aadKnt of wee prul•atror for
per. And the said party of the firs. part. for RAclf. it• euro' ,.ora ami assltns. does etnennnl grant, l(sin and
of •oohnsurs with the or, that At11thettirne n' the nst,ll g ardhd•liveryt'f ►f them their these prear nta"tllrna x well Prized nfstheand
prtmlees
(shoo" e•mtvr-yed. its of bond. sure. 'erint. at••^tut 1n `•unit' felroblc.earllte of convey the In law. ANIMA In In fee mp earl nnA forty
har plod rizht, full pr,,•'er And lawful authority tont., bargains. salu. lie loxes, so.
afnreaAld. an.: that the Dame are 'sere and clear frim All fornlrr ae9,f11(ltl. grant.,
b1. tilxes for i�8� yob
0tenment. and encumbrance, of rhatrvr kind •,r nature soever 1.-M-1-1 l
193!; oil, gas and other minerals, as reserved in Book 225 at Page 148; the Len o
certain deed of trust to the Public Trustee of Garfield County. Colargdo recorded
481 at Page 683-6H5 as Reception No. 270801. securing a pranieSory note, payrlent o
by its teams has Leen and by this instrument
ais�hereby assumed by y thepartiea of
o
part, the present principal balance being S
rand 1c 1.'.+'' tareain,JI p,emi e.t .Sthe Coo,.i1.,d peseta:'e7ro . on ufth �d parties s ofithe tecrndepark,the
a,ln'Ivnr +.1 them. their a.rlgna and ll•o heirs and 1' AP 'r'. of a., h s,ur'i.vr, Attnin•t ail and everyperson nr pPr Ons
In' fully tlnlminu or to claim the who, ut an; part (herrn'. the said party' of the• float part shall And ,It WARRANT
,1..111 I'mp'ish:R IiFFK:v11,
IN ' 1T"Ia,F N IIFIt1'OF. The •.aid party of the first part has caused Its corporate name to be h•rtunto out.
xr1br,p t.v N.
tie - 1'rrriil.•rt and its rorp,nrnle 1,01 to be hereunto affixed. Attested by ..I
S.rrrinry, 1I,• dn' sad )rar first eltnvr +rr,tten.
A,SI'Ll 1 C1 IA'11 A JY, LUI:1C,,ACE (XI'4'A! 1.Y , INC.,
<t Colorado Corporation
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A:-.4)1:21 G1A U.AUX I OK"Il'ItU. (11.11'ANY , 1 (C . ,
'\ •• _ fly notarial eaminllllnn ...Oreme 7 3
Witness my hand •n.1 tiff •
e•
day .. r / r 1 71.
a, Vile- tresidont and
Secretary of
o corporation.
61
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1 N TW.; 1)1:;'t'lltc;T C.Oi1J2'f IN AND FOR
WATER 1)1 V i 1(: I W. 5
STATE (11' CO1.ORAIX)
IN THE IM'1`1'Isil OP '1'1Ir'
APPLICATION FOR
WATER RIGHTS or
PAUL 0. Ni'1"1'L ES
IN T;IE. ROARING FORK
RIVER OR I'1'..) TRIBUTARIES
TRI13U'1'A.ItY INVOLVED
IN GAR1'ILLD COUNTY
CASE NO. W- .l 25 6
1 1
1• i ... ,
If
Cifz'L�.Ic.J
RULING OI' 'i'llls Rfa't:f(lal` c
_ AI3 SOLUT s nrx;;:I i FOR
UNDER GROUND WATER RIG=
And the 1?cferee having; made tho investigations required
by Article 21 of Chapter 1118, C.R.S. 196,5, us amonded dons hereby
mice the following; ruling„ to wit:
This application was referred to the Water Referee of
Water Division No, 5 on the 12(11_ day of __July
Paul 0, Nettles
Routh 1, Rox 112-D
Carbondale; Colorado
2. The mune of the structure isI'1 �•
'eLt.1c,, tJu1.1,
3. The Leg;al description o!' Lilo structure is: The we11 is l_oeat_ed
in Lot 7, Section 33, T, 7 S., R. 87 W. of the 6th P.M.
at a point whence the Southeast Corner of: said Section 33
bears S, 67°561 I!;, 4932,03 foot,
4. The depth of the we 11 is
1. Name of Applicant
Address,
(16I feet:,
5. The date of initiation of appropriation is October 7<
.l )63,.
6. The Iunount of WaLer claimed is 0.0'1.3 cubic foot: per
6ecollci of time,
?. The use of the water is domestic,
8. The State Engineer'snumber i i
I I O I I e ,
9. The Priority date is OC(OL;t'I: 7, .1963,
10, The date of the application waL, June, 30, 1972,
It is the ruling; of Lilo Referee that the statements in the
application are true and that the above described water richt
approved and granted the indicated priority; :subject., however, to
call earlier priority rights o!' others.
It is accordingly ordc;rud that this ruling; shalt become
effective; upon filing; with the Water Clerk, :subject Lo .Juclicini roviry
n:: provided by law,
/4A Done at. the: City of Glenwood Springs, Colorado this;
day of 1.9'1.1.:,
ra pretest 1:03 filod to th1 r:rt.to;
Th., forot;oinfi bill: Is oonfIrr,od
an a1:1'roved, and le made the
Juu6ment and Deere° of this oeurt.,
Water Jude
.' �� /
% I'/:It:r Divi:;icrn No. 5
. 1.:, t c` of 0 .1(1 :,c1!
' COLORADO DIVISION OF WA"IT•.ESOUItCES
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM. 818, DENVER CO 80103
phone - info: (303) 866-3687 main: (303)866-3581
'iENERAL PURPOSE
r
r'Ieaso note: other forma aro available for specific uses including - re
Review instructions prior to completing form
1. APPLICANT INFORMATION
Water Well Permit. Application
oidentiul, livestock, rnorutorinp/obsorv., gravel pita, registration of old weilr,)
Must be completed in block ink or typed
6. USE OF WELL (please attach detailed desciiptiolt)
❑ INDUS i RIAL 1 UTI LER:
COMMERCIAL
O M• UNICIPAL
❑3 IRttIGA1It.)N
LJ F• EED LO r number of tread :
7. WELL DATA
IA \AJrrNen pumping 111*
(Lama of •eoI<enl
Arthur F. & EJ.ke H. Jowell
Al •il�nQ Addrer.
17605 Highway 82
City
Carbondale
Slate Zr, Code
CO 81623
T dcpnorra numb.' Ondudi erns cod.J
(970) 963-0364 or
970) 925-7301
2. TYPE OF APPLICATION (check applicable boic(es))
❑ Construct new well
LJ Replace existing well
❑ Change (source) Aquifer
t� Other:
❑ Use existing well
()7 Change or Increase Use
❑ Reapplication IaApired yermit)
3. REFER TO (if applicable):
water court case l
W-1256
Permit l
unperllliLLed
Totd d..yur
Domestic use,
3 single family
dwellings with
irrigation
Nrrl� I1mor/rrt
151- (Win 2 . 1 acre-feet
Ar,Jfw
`I `l feet Roaring Fork A11u 'tum
8. LAND ON WHICH GROUND WATER WILL BE USED
A. LEGAL DESCRIP110N (Wray be provided ss an ettechlnentl:
same as Its, see attached for
metes and hounds description
pf used for crop Inrdalicsn. ettech cr.aloJ reap [flat thows bligalad oroa 1
B. 1 *cryo 1 C. Owner
9) . 1 Applicant
tetvercy Verbal 1
-V E-
1Ye11 normo or 1
MonrtorinQ hole o<Arwwic(Iv ment d
MII-
D. Lir% ony other walls or vitro, rights used on Ws lend:
(3.25 cis Patterson & Cummings Ditch
Nettles
9. PROPOSED WELL DRILLER (optional)
4. LOCATION OF WELL
County
Garfield
Section
33
Town...hip N or S
7 ❑
Distance of well from section fines
1853 ft from ❑N[3s '1571 f1:EUw
Ydl Irn:\pon rakLgt. it d /Ierarrt from •ppacant ...scow" GI OPpaaoW.I
Quarter/quarter
NW
Range E or W
_87_ [] [7
I';xlstinc) Wel l
()trailer
`i l!
Pri,te.el 174..Iwl
ri,
6Lh
Sante as Applicant.
For repArc+rnent wells ority - drvaur• •nd dllcoan horn old w.!I to 1..- .of
feet direction
5. TRACT ON WHICH WELL WILL BE LOCATED
A. LEGAL DESCRIPTION Imay be provided as an attachment!:
Lots 7 & 8, Section 33, '1'7S, R87W
6th P.M. (see attached)
B. STATE PARCEL
IO loptiunell•
acro 1r Vrdt
9.1
D. Ovnw[
Applicants
E. Will this be the only well on this trectl
0 YES ❑ NO (i( outer wells are un this tract, see insiruct;ons)
t cn,,-e rxwnt.v
10, SIGNATURE of applicant(s) or authorized aljent
The making of false statements herein constitutes perjury
in the second degree, which is punishable as a class 1 mis-
demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read
the statements herein, 10 %V the contents thereof, and state
that they are true to my knowledge.
mint Lt Oe rye..d uQna not
1. l(/
.. �C.(C-1 1
T.u.
OPTIONAL INFORMATION
0505 , up mune i D\Nrl map no. Su. t.,e dr+.
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liosc)ick.03 Eil[Jille111111c), 1110:11110, 11l. your t:quest, iiivt,i9iu;11(01 110; po(unti01 I )1 pi ovidint n VVII Of
supply fur 11000 11111910 family 100110s on 0 91 iit..1u, trout ()I 1;001 111 (10(1101(1 t..:(0)11ty.; the 1 1019311y
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is (01-(091y t)vvne(I by Ai thui mid [Il) .Jowt:11 0nif Is 1(0090(1 iii 910: N\kV,11 SW1/4; S ::ti(:: 33,
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I owitship / South, lialitn; ili VV(09, titli 1).M. ; ' 1 1 1 ,:, 1 ' ' ;
-Diu Jowell iusit1010:0 exists (01 1110 1001001y incl is sw v(01 1)y (1113 1\1i:11los vvell vvI1ic.:11 is a (10010(3d
water riilit (Caso Nu. W- 1 25(3). •1 Ito w011 is '1,1 3001 (101:1) [111(1 9(1) 011111(; watt.), lovul 1)01010pumpin(J
vvas 12.0. III() vv,:ii was i00(01lly 1)111111) 1(lt;10(11)Y(2ol(iiii; 1)ri)liiili; Co. 19 0 poili(ing int(iWtis 15
91)111 fui a durzition ()I il 110100. '.' A tuba (110w(1(0ivii 19 ()illy h i111:10:0 vvii:; olisuiv(01 whi(:11 st)11.)iliz(-3(1
,
of
(or 1001 111111111(1 of ptImpinci. 110(:v01y, 00)) 11(1 ir1111101110101y: upon complution of hu111111119
a00(.0-cliiat (1) 11113 (0111101 (1190. 1 110 tund amount 5111119101 vviis 3,(19l) (p.1(1(013; vvIiir.lt is (9111ivnlunt
to at 100st :3 days (9 \Nato( (1(01000.1 (1111019 thesu(flniur iiiiwItiur; :0.01'.0,11 tilid ( 3)(1)1y:) supply 90,1111)
t :1 , . l; • i 1 1 .:1.-.,,1';-,1 1.! •'! 1.;
he vvi111(!r. .. ,•••:1 1 1'11;111'11'11 1',1••': ; ' 1 ••• '' ,• ' ' i • 1 1 1
. 1 . i
1ti I ,. '..H ;, ',I • ?1 . .
i I
' ( . I • / i .1 • ' I
• .
' I , . . ! • . H I
‘. .
Base(1 111/011 1110 01/1/Vt! 1111(1111111111)11 11111.1 1101 11;X1)(111011(;11 w1111 1)0101 N11111/1111 V1/111111 1111t111S 1111)(1,
including sow() with 1100;11 ji()&itei pumpinli 1(11110 0101 total (1000)11(1, vvo 1:01i0vo that Mt; I\Juttlos wall
rxr
ili
:1 111,1
: ,•.1 ;;{.':;;J;;If1 ,:, . 1 11
i 1 • Fi t .;,:. !'..1.04
Mitt (tit 2.1 0:-1
i.',,,it9i,.J,(3
1
1 ; j '41' *431'..1,I4 tl •',.' - I ..
1.) .;..."..:':
1 )i'.•I''..:.i'.:.,i.',I.,j;:l:,:.
!HI;
1111,rI';
1t1'
(.I
.,t 1.1
31,i
•
- will continue to piovido 011 0(1091990 vviltor- supply 101 111(331)1111113frimily 110111u.,
, , , I i• , 1, . .., ., . .; .
. .• . ; 1 " 1 ,
Similarly, we holiove that tvvo mom \Nulls (,)1 word ciipiicily mid yiuld (00) 110 iluvulup(01 011 this 9,1
acie property sullicielit to solve two 0(1(19101)011;111910 kindly 111)1110s encli with up to 5,000 square
foots of 51W11 and ctardontritiati(0). Wull pelinit ripplii:ntionsIiiivu howl sulimittod to tht: Colointlu
Division of Water liosouroos for 1111011,m:11s on tho propotty,011011 loi ono sin(1)0 kindly 10.110.•*1 110
wells am suppurtud 1)y f111 0111/10V1111,V1/111 01 SO1V100 001111i10.1 W1111 1110 iii111011 V1//1101 (:01100IVOI1CY
1)isIiict 111 1110 amount of 2.1 10;10 foot 1111(1 ,15 111011 (0. / mat: 1019 01111 15 (111111 (00:1)). Wo oxpuot
the State Enuilluoi's 0111(0: (S1-10) to 1001111 W011 1)3111(1(0 VV1111111 1/0 dilys. In 0(00);(1010:0 vvitli 1110 550
.1110111010191(1111 dated 1V101(:11 20, 1992; Sulduct 1110:101110100tiou (9 I Iowa: Hill 92 (9(91; 600 lout
waivers are not roquiled lor thusu wells, , ' . )
In stiminiiiy• it kr u(11 upiiii()I1 1)101 hoth 0 10001 )1011 physi())11 MOW supply crlii 1:0 (10v01(0001 (in thil
.._1()vvoll plopolty 1(11 1113) 111101:,1110()(1:001 011 lo 111111ily homes. ,
C.'',': , ! ! : ''
1 , — ..t, , , 1: , .. I.' , ih i .
! i
1
:;iiit:eit3ly, . i: i , , . ,
11
,--- ,
''- 13ES03111,E 1.1N(31NEE1111\1(.3, INC.
.. :
- ,
S.
_,, -------i‘:;:.(..:'•(./ ....,e)e..ed,./''.,•1 3...._.( 11
c._-...).-- .. ; : --• .._
• : VV03(0• fi(!sc)(11•(:0:; 13 0010301 ' •1
.11
S. 9 ,ssono, 9.5. '; • • ; ' ' ::
9333/111111in
.•., 1)93- 1 .0 ihy,:fir.;;;; 6;11i ; i 1 1i
1,
1'•: '',I.,:1i
. • ;;;;;1-$ ) ; • 1! 1 1, '1.
, •1, iliiir . , 1 ,
1 'il
Elic;loniros 1 1
. .
11:c:1101 10;0 i Li i( (00)0 0)1(11 ly1111111 JuiHt...;
. •
%q ( ;111.11 I,/ \/1 I( )1 I ;I 11 '11 I! pi, ( ,i ) i i i ( 1( ) 11 i:FI P.- i /1 9 ! 1. ii.) i ; ; / ./ / . kl
i
1
: •
• •
BASALT WVA'l'Elt CONSERVANCY DISTRICT
WATER A1_,LOTMLN'I' CONTRACT
Pursuant to C.R.S. 1973, 37-415-131
Arthur F. .lowell and like Il. Jowell (hereinafter collectively "Applicant') has applied
to We Basalt Water Conservancy District (Iicreitialtci the "District"), a political subdivision of
the State of Colorado, organized pulsuaot to and existing by virtue of CColoradu Revised Statutes,
1973, 37-u15--101, el sett., for an allotment ('unlract for beneficial use of water rights owned,
leased, or hereafter acquired by the District. Uy execution of this Contract, Applicant agrees
to the following terms and conditions:
1. OUAN'1'1'1'Y: In consideration ul the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic foot of water per
second front the District's direct flow rights and 0.1 acre foul per year (il storage water owned
Of controlled by the 1)istrict.
2. SOURCE 01: ALLOTTED 1. W/\'1'1 R Water tights allotted put suanl to (his
Contract shall be front the District's wafer rights decreed to IIu: Basalt ("multi!, 1,anelis ('anal,
Stockman's Ditch Extension, or other decrees or water tights hereafter accluited by the Dist'icl,
including the District's contractual right to receive stutage water from Ine(Ii Reservoir. The
1)istrict shall have the right to designate the water right or I)cctce of the 1)islricl from which the
Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all pants and conditions imposed by the Water ('curt on the
use of lite District's said rights. N.xchange releases made from the District's storage rights in
Rucdi Reservoir or (tther works and facilities of the I)istricl shall he delivered to the Applicant
at the outlet works of said storage. facility and teleasc of water at such outlet works shall
constitute fall performance of the District's delivery obligation. Delivery of water hoot the
District's storage rights in Ruedi Reset von shall be subject to Ilse I )islt k:('s lease ('unload( 'illi
UR; United States Bureau of li.eelalnation and any toles and 'cgtlations I,tuntulgateel putsoanl
thereto.
3. 1)1W OSE AND LOCATION c)1' tI5i : Applicant will use We 'dices herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon lands owned, operated, or served by
Applicant, which lands are described as )arcel "A" on kxhibit "A" attached hetet(); provided
that the location and purpose of Applicant's use of said waler s ut l be legally recognized and
permitted by the applicable governmental aulhoi ity having:an isdiction over the property served.
Applicant's contemplated usage for the water allotted hereunder is for the following use or uses:
X 1)untestic/hvlouicipal
Other
ludusttial/('ununetcial Agtieullurtl
Applicant acknowledges that usage of the I)islrict's wale' rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaioittg. or adjudicating, on its own, the right
to use certain waters. 11. is acknowledged that certain locations within the I)istricl ntay not be
it UMOLWIINUWIUI N4111 0111
1
AtA.1)0 DIVISION ()
DEPARTMENT OF NATURAL RES ICES
1313 SIIERMAN ST., RM. 818, DENVER CO 80203
phone - info: (303) 866-3587 main: (303) 866-3581
RESIDENTIAL
(Note: You may oleo use this form to apply to
'eview instructions prior to completing form
1. APPLICANT INFORMATION
11.rne or applicant
•
ri„e•toCk vreterlrrq) Water Well Permit Application
Must be completed in black ink or typed
6. USE OF WELL (check appropriate entry or entries)
See inattuctiona to detetnline uae(al for which you may qualify --
Li Ordinary household use in one single-family dwelling
(N(1 uurshio use)
LJ tr. Ordinary household use in 1 to 3 single -tastily
dwellings:
Number of dwellings: (2!I(.2
>Cil
Home garden/lawn irrigation, not to exceed 1 acre:
area irrigated 5,Ut10 [�l sq. ft. [1 acre
13 Domestic animal watering -- (non-commercial)
Arthur 1'. & Like 11. ,io'i'.I
nn>,l"NI"'Jdref,•/e) R'ItiLI. & 'I'er'1'y iIr11•I'i111;L(
/9 U
City
State
Carle (..) 81623
zip code
TNwtaoe N,•nbu GnchW0 sue+ code)
I 117(1Lllf6 1- I'll JI 7
2. TYPE OF APPLICATION
or 1",-" 5-7:301
(check applicable box(es))
I1 Construct neW well
❑ Replace existing welt
L7 Catange (source) aquifer
Cl Other:
3. REFER TO (if applicable)0
Water Court case /
N/A
Verbal i
❑ Use existing well
❑ Change / Increase Use
[J Reapplic:anonle>p:e,l l.'''°)
LJ c. Livestock waLei inO (on tarrnl/lallch/rilllge/pasture)
7. WELL DATA
M.as.nt•n pun p;nO.,•w
15
gpnl
Arxx,•1 ar,<.urtt to b• witfxbewn
Pernrit 1
IV1%A
-VE-
Monitoring holt. acknowledgment 1
Mi I -
well name or
Ilar1: itlt)Lon We 1. 1/\_
1.. LOCATION OF WELL 1112i2,5 Illc.lh\,(ay 111
County Lar.I)ai)da Le, (;O
Gal: field
Section I Township N or S
(lumber/quarter Quarter
.JW Yi
1 atd depth
0.1
Aquilbot
acle-feet
tee' 1(Uc11 111(1 Fork Al 1 uvium
0. TYPE OF RESIDENTIAL SEWAGE SYSTEM
El<Sep1ic: tank / absorption leach field
❑ Central system
t)irarict name:
[1 Vault
Locution sewol)e to be ItaLJICd 10: _ -_ _
L_1 Other (attach copy of engineering dee:iyn)
9. PROPOSED WELL DRILLER (optional)
Flange E or W
_
33 _� 7 C) [}l (17 [❑ El
Distance of well hon section lines`
2200 It. front ❑ N lA S 11'490 ft. hunt l E (..l w
Well b<41i0,, .d.l,eas, i1 diflu oar from .opbcaii1 Midi era 1,1 apnlM_.l,l<I
61h
:ialtll' its AI )1) _
Poi ,n, o -,u tory it .+cfl t only - dilta.K-c r., d,,.v_n.x, liar,, p10 ',cif In ors, v+ell
feet duel -non
5. TRACT ON WIIICII WELL WILL BE LOCATED
A. You nnJct Ick one of the following - bee inf:uuctinre;
1'r c))x.): ec_1
Kai Subdr\iision: Name — 1[i1rL111S)t i)11-- -- ----
Lot no. A Block no. Filing/Unit
l...l
County exemption (attach copy of county approval & survey)
Name/no.I fact no.
EJ Mining claim (attach copy 111 uclJ ur survey)
Name/no. _
Li Other (attacr, legal description to application)
I,i(Alt ;etl Ct)lot oilO Dr111,it.
E3. STA i E PAI10EL
1 [) iopuon.,n: — - - — —
a acrpa in tract D. Are you the owner of thi. property%
I_
2.0 I5;,YES LI NO (it no - sec u,suucuons,
E_ Will this be the only well on this tract?
)iYES 1.-1 NO til ocher wells arc on this tract- sec instructions)
_1 Ixure rtanbtt
10- SIGNATURE of applicant(s) or authorized agent
lhr_ making of false statements herein constitutes perjury
in the secorn) degree, which is punishable as a class 1 (mis-
demeano, Ixtlsuant to C.R.S. 24 -4- 11)4(1 3)(a). I have read
the statements herein, know the contents thereof and state
that they are title to Iny knowledge.
(t)i f-<<-�
itlt,
L/qLi
•
I_
/
Miut .eit.:.•r•itp.n.e
l
lhq1)('i
OPTIONAL INFORMATION
LJS(iS lust) rxxne D0/11 n'.1, rw I S,ntace des
Office l)Sc Only
01V
CO
WD
BA
USE MD
Putin GWS -.1-1 (11/95)
• •
BASALT WATER CONSERVANCY DIS'1'R1C`1'
WATER ALL( )'1'M ENT CON'1'ItAC'I'
Pursuant to CALS. 1973, 37-45-131
Arthur F. Jowell and Eike 11. Jowell (hereinaflet collectively "Applicant") has applied
to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision ol-
die date of Colorado, organized pursuant to and existing by virtue ol-('olorado Revised Statutes,
1913, 37-415- 101, el seq., for an allotment Contract for beneficial use of water lights owned,
leased, or hereafter acquired by the District. Ily execution of this Contract, Applicant ;!grecs
to the lolIoNving terms and conditions:
1. (2.UAN'.1'I'1'Y: 111 consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to benelieial use 0.033 cubic foot of water per
second from the 1)istrict's direct flow rights and 0.7 acre loot per year of storage water owned
or controlled by the 1)istrict.
2. S011lt('1_? 01; Ala.(Yl'1'I.1) Wi1IIIZ: Waley rights all(itted pursuant to this
('ontract shall be born the District's water rights decreed to the llasalt Conduit, 1.andis ('acral,
Stockman's 1)itch Extension, or other decrees or water lights hereafter ac(luiied by the District,
including lite Dist icl's contractual light to receive slortge water I coni ltuedi Reservoir. The
1)istricl shall have the right to designate Ilse water right or I)cc'tce (1I the I)istrict horn whi(11 the
Applicant's allotted rights shall he obtained. "I'he Applicant's use oI any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Waley Court on the
use of the District's said rights. Exchange releases made Irony the District's slot age rights in
Rucdi Reservoir or other works and facilities oI- the Dist ict shall he delivered to Ilhc Applicant
at the outlet woiks of said storage facility and ►elcasc of water at such outlet works shall
constitute full performance of the District's delivery obligation. Delivcty of water from the
1)ist-ict's storage rights in Rucdi Reservoir shall he subject to the District's lease Contract willt
Me limited States Bureau of Reclamation and any !tiles 111(1 1egulatious promulgated pursuant
thereto.
3. 1'IIIZI'OSI; ANI) I.O('A'IION l)I' !UNI?: Applicant will use tl,e \valets herein
granted for beneficial purposes limited to the augmentation oI existing and While wells and olhei
water sources, within ur through flcililies or upon I;utds owned, operated, of served by
Applicant, which Iauds are described as parcel "11" on I?xhibil "A" apache(' hetet(); provided That
the location and purpose of Applicant's use ()f sane waters tall he legally rccogniz.ed and
permitted by Ilse applicable governmental author ily having; jurisdiction over the property served.
Applicant's contemplated usage for the water sdlolled hereunder is for the following use or uses:
X Dortnestic/M(uiciptl 111dustt i;d/('unuucrcial
Other
I\gt icullo,al
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaining or aeljudicatiug, on its own, the tight
to use certain waters. ll is acknowledged that certain locations within the District may not be
1
Section
Garl_i.el d
Township N or S
J ;OLOR-A)O DIVISION OF \'VA.1'1 SOURUE5
DEPARTMENT OF NATURAL RESW&CES
1313 SIIERM.AN ST., RM. 818, llENVER CO 80203
phone - info: (303) 1366-35137 main: (303) 866-35131
RESIDENTIAL
Review instructions prior to completing forth
1. APPLICANT INFORMATION
�(
(Note: You may elco use this 101111 t0 npply lo
N.onc of •ppltcanl
ArL1i u- 1'. 1' lter.: du\AmJ31
r livestock waterirtO)
Mrro,rl/irp/r) l�":4il:1. �,- 'le1'1'y ll�ll'I'l11",Li)li
79 11 Le
tarty
Carlxnulale CO 6162
dcprar.e Nrn..,rr (11,c/„de .un. coalcl
2. TYPE OF APPLICATION (check applicable hox(es))
❑ Construct new well El Use existing well
❑ Replace existing well [7 Change / Increase Use
❑ Change (source) aqui1et U 1 teapplication(a.( .r,d ( +,ntat)
O Other:
3. REFER TO (if applicable)0
Water court cake 1
W--125(1
0---------
-VE-
Water Well Permit Application
Must be completed in black ink or typed
6. USE OF WELL (check appropriate entry or entries)
See inatructiorts to determine uaels) for which you may qualify --
A. Ordinary household use in one single-larnily dwelling
IN(1 outside use)
11 B. Ordinary household use in 1 to 3 single-family
dwellings:
Number oI dwellings:
It] 110113c garden/lawn irrigation, not to exceed 1 acre:
area irrigated ),O1)U E..) sq. ft. ❑acre
LA animal watering -- ((ton -commercial)
[� (:. Livestock water lnu (on Lunt/ranch/range/pasture)
)1112
7. WELL DATA
Moat, p,•nrnrp rnt•
10301 d.ptlr
1'2
g(nn
n
A,+wa.l rnr.wnt 0, b. rill+frown
0 . 1
acre-feet
I rj leer
furril•r
I4)<11 incl Fur lc Al1uviurn
I'cnttit F
Ilult(:11111ttc(I
Monitor iIQ Yule ac.l,uv:led(lrn-nf $
M1
B. TYPE 01= RESIDENTIAL SEWAGE SYSTEM
Well name or 1
Net- L1(,s Well 17605 Ilic1h(ray 1(2
4. LOCATION OF WELL Carbon da Le, Cu 01.62
Cut.rnty
Quarter/4u art et (-ill art cr
3.
NW Y4
:;1J
<
1i) - ptic tafik / absorption leach field
Li Central system
Dintnet name:
[_I Vault
1 ooati,n sewaoe to he hauled 10: _--
1L_1 Other (attach copy of engineering design)
9. PROPOSED WELL DRILLETi (optiotlal)
nm,pc E or W
Pn� wroxl 1.1n id,wr
.7 ❑ 1 _Lilt
It
Distance of well hunt section lines
05:3 ir. from 0 N 1s /1.„...1111 11.Innn 44Ei_lw
Well locat,on addros, if difle,o,t lion% a,elicor1 ...Mros til •t,ulicablcl
L-aliie aS A).4)I.1.cant-
r•ur 3epla0una,l wolfs only - . 1.103.. c 003 dircot,on b0311 old w311 (0 :rev, ,ucll
feet
(111er(iun
5. TRACT ON WIIICI I WELL WILL BE LOCA1 ED
A. You must epee( one of the following - see instructions,
11 sol)( )Se
® SubdivISion: Name lIaL11.11�J1.V11.__...__._. Lot (10. 13 Block no. sitting/Unit
Ll
J County exemption (attach copy of county a(,(rlovalL •.tIl Vl: yl
Name/no. __ __ __ ._ I tact ITU
r 1 ur
t_. Mining claim lanacn copy <,r need ,� vevl
Name/no.
L7
Other (attach legal ticscllpuun lu appht:iwon)
B. STATE PARCEL
ID# Icpuooan: _0.
a acral in 13001 D. Alt: you the Owner of (hit; (,ro(,el tyf
4 1 {[l 1_.1 NO (i) no - see 11,S tl t; 1. (In135,
E. Will [itis be the only well till 11(15 tract)
T LYES 17 NO Of uth11 wells are on this (fact sec insllllC flu nG)
I Xeric 111A nbv
Iluu.
I;xi:sl ilul bit I I
10. SIGNATURE of applicant(s) or atithorized agent
The staking of false statemeirts herein constitutes perjury
in the second degree, which is punishahlc as a class 1 mit;
demeanor putso:rnt to C.R.S. 24 4104 (13)(a). I have read
the statements hett:io, know the contents thereof and state
that they are true to lily knowledge.
title
( YvJ 111 •
(� Li `'t
NI
r I Date
1 /(/i
OPTIONAL INFORMATION
i
11505 rnnn i.a,03
'1)0-0 1)0: Only
S ur1o<c e1N
t.)IV
(CO
WO
BA
USE MU
1'0111) G'WS-4.1 (11/),)',)
• •
BASALT \YA'1'ER CONSERVANCY DISTRICT
WATER ALLOTMENT C(.)NTRA('I'
Pursuant to C. R.S. 1973, 37-45-131
Arthur 1'. .Jowell and Eike II..Iowcll (hc'cin;dier collectively "Applicant") Inas applied
to the Basalt Warr (fonservancy I)istrict (hereinafter 11tc "I)islnict"), a political subdivision of
the State of ('olorado, organized pursuant to and existing by virtue of ('olorado Revised Statutes,
1973, 37-45-101, et seq., for an allotment ('ontract for beneficial use of water rights owned,
leased, or hereafter acquired by the District. lay execution of this ('outset, Applicant agrees
10 lite following lernts and conditions:
1. QtJ,\1" i I'I'Y: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.033 cultic foot of water per
second front lite District's direct flow rights and 0.7 acre fool per year of storage water owned
or controlled by (1►e 1)islrict.
2. S(.)111(:1.,O1i\1,I,O't"1'l l) WA'I'I;R: \'eater rights allotted putsuan1 10 this
Contract shall he from lltc 1)i.sn'ict's water rights decreed to the Basalt (_'ortduit, Landis ('anal,
Stockman's Ditch Extension, or other decrees or \valer rights hereafter acquired by the 1)islric(,
including the District's contractual right to receive storage water from IZueeli Resci volt.. The
District shall have lite right to designate the water right or 1)ectee of the 1)islricl from which the
Applicant's allotted rights shall he obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water (_'curt 011 the
use of the District's said frights. Exc:hauge releases made from Iltc District's storage, rights in
1Zuedi Reservoir or other works and facilities of tIle I )ist icl shall be (Ielivcted to die Applicant
at the outlet works of said storage facility and release of water al such outlet works shall
constitute full performance ul the District's delivery obligation. Delivery 01 \valet from lite
District's storage rights in Ruedi Reservoir shall be subject to the District's lease ('(nlract with
the United Stales Bureau ul Reclamation and any tiles and regulations pnontulgated pursuant
thereto.
3. 1)1MI1O_ SI ANI) I,O('A'I1ON l)I 1 Sli: Applicant will use the wale's hetciu
granted for beneficial purposes 1inuiled (o the augmentation of existing and haute wells and other
water sources, within or lluough facilities or upon lands owned, opctalcd, or served by
Applieaut, which lauds are described as parcel "(' un kxhibil "A\" attached hereto; provided
that the location and purpose of i\pplicaiTrs use of said water shall be legally recognized and
permitted by the applicable governmental authority having jurisdiction over Inc piopurly served.
Applicant's cunicntplaled usage for the \valet. allolled hetcundcr is for Ilne li,lluwiug use or uses:
__X 1)outcstic/Municipal
Other
lndusltial/('onuucrcial Apr icultural
Applicant acl:uuwledges that usage of the 1)islt io('s wales nights as hcnein contemplated
shall be in lieu of or supplemental (0 Applicant obtaining or adjudicating, on its own, Ilse right
to use certain waters. It is acknowledged that certain locations within lie I)istric( may not he
,.,,*:,il.,C,n,,,w .,,A ,S„ 1
;f 1 )Lo1 ADO DIVISION OF WA'IRESOUIt(^E'S
DEPARTMENT OF NATURAL RESOURCES
1313 SIII;RMAN ST., R21'I. 818, DENVER CO 80203
phone - info: (303) 866-3587 (lain: (303) 866--3581
RESIDENTIAL
(Note: Yu„ ntay oleo use this turn, to apply for
Teview instructions prior to co_r1Pletinq form
1. APPLICANT INFORMATION
N.rrie of •pplic.nt
At t bur I". & I? I Ice I I . rlOwe l I
Mad rq Address
o IVri.t 1, L rE 'I'(:r•r y Ilttr ( i (1 ' (011
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City
State
t_ El t I.x.)I )da J. e CO 8162.3
Telco/so', Number 6nclewe .re.ei
(`)1(11tJEll 211 7 t)1 9l;" x—,)..301.
2. TYPE OF APPLICATION
Construct new well
❑ Replace existing well
❑ Change (source) aquifer
D Other:
3. REFER TO (if applicable(0
Waicr court case A
NOA
Verbal D
(deck applicable box(es))
CI Use existing well
CI Change / Increase Use
❑ iteap)>)ication(axl,„r,<Ilxrnniu
Permit
N /A
MunitonnU hole acknu wlcdg rnent 1
-VE- MH-
11/MIC
H-
I I c or 1
11a rr.i ny LC.)1l We] 1 C.
LOCATION OF WELL. J. 7Ei )5 Ili c)11t/
(,a r 1)otld a .le , 00 Quarte,fqu,,tr
Gaff ielc1 alta Y.
flange E or W
I section
3.3
1
lownship N or S
C] C�1
Dist a,ce of well born section lines
1.61 (1 tt. from ❑N ❑.s /1 ')l)1)
wall loe..t:on «fdro , i1 dello Q,f fr ora anol,cra,1 Machma ti it -_—^
pnl:.:ablel
8 / L 1 Lel
it. twin L',J[LI y
For replacement v,dl. only - distance rwl d;re>t,oet 601
11 well to „r-,,, ,,;ell
feet
tail eclioi l
5. TRACT ON WHICH WELL WILL E3E ti LOCATED
A_ You 101111 c)1rck one of the fullowint! - see incut•lior,
_`
1)1 0.1 x);::c_
K3 Subdivision: Name
__llaLi iu��
Lot no. C Block no. i iliny/lJnit
County exemption (attach copy of county app oval & survey)
Name/no.
l fact 11(J.
0 1 mining clad( (atlacr) copy of aced uI survey)
Name/no.
❑ Other 'attach Ic1Jal description to applicaliunt
!i. STATE PARCEL --
10# leptioaap:
•
live.tock waterintl) Water Well Permit Application
6. USE OF WELL (check appropriate entry or entries)
See instructions to de.tennine me(s) for which you lilIly ttttalify __
CI A. Ordinary huusehuld use in one single-family dwelling
(NO oursidu use/
LI Ii. Ordinary )uusahultl use in I to 3 single-family
dwellings:
Number of dwellings: pi
:(2 I Iun)c garden/lawn IInq;Jlion, not to exceed 1 acre:
ants irrigated '),000
IL sq. ft. ❑acre
L3 Domestic :tninlal watering (non-conm)ecial)
LI c. I.Iyustuck Watering Ion tans/ranchairti e/Jit:lure)
7. WELL. DATA
Must be corn rleted in black ink ort )ed
f.les.a.i,e.n pe•„pinJ rn t•
Total rl.prh
n.prl•r
ar„,00,, w t.. ,aiIid,awrt
O . / acre-feet
tri)
feet ku,L Ills{ 01 k 111 IttyI111lt
8. TYPE OF RESIDENT IAL SEWAGE SYSTEM
I.:Snptic tan): / absorption leach field
LI Central system
Dic:uict uanle;
Li Vault
Location sewa(J to be hauled to:
❑ Other (attach copy of engineering design)
J. PROPOSED WELL DRILLER (optional)
I,11't:ll:itY1 Cult)! cid() I,1 II HI
10. SIGIVAi URE of applicant(s) or authorized agent
1)e making of false :statements herein constitutes perjury
it the sccu:II dcylee, which is punishable as 0 class 1 mis-
lenleanor pursuant to C.R.S. 74 4 104(13)(a). I have read
he statements herein, know tlu contents thereof and stair.
hal They are nue to my knowledge.
tice•.t..e ra.r,aer
Must be tarynraif . arr•trec
1)vill
OPTIONAL INFORIVIAIION —�
1/SGS ilia( ',rune I ,
()Wil Wit rt,<
01li,.e 11,,e Only
acre. in tract D. Areou the owner mer
Y of thisproperty%
—"YES 0 NO lit no - see Insiwctlo,l
�- Wili this be the only well on this tract? s
) IYES 0 NO (ir other wells ate on this tr
del- sec utsuuctic,Ils)-. -- -
)
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CO
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USN 51D
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COLIANS IMILLING
IK) Box 0516
Cat bumble, Colo! ado 8162 k
901-281? •
915 41)70
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• •
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
113 91H STREET SUITE 211
PO BOX 145X
GLENN/OOH SPRINGS COI OHAUU Xfl» 11'11
PHONE 19701 9.15-2550 FAX 07111 Sf is NW
March 27, 1996
Terry Harrington
79 Ute Ave.
Carbondale, Colorado 81623
970-963-2447
Re: Site Investigation for Parcel Located at 17605 Highway 82 Frontage Road;
Carbondale, Colorado 81623
Dear Mrs. Harrington:
In accordance with your request, Jerome Garnba & Associates, Inc. conducted a site
investigation of the parcel of land located approximately 1.5 miles east of Catherine's Store
on the south side of Highway 82. The site investigation was performed on March 20,
1996. The purpose of the investigation was to determine the feasibility of dividing the
parcel into three Tots and providing each lot with a septic system. We did not conduct a
survey of the site, but from maps and plans provided by you, we were able to determine
the approximate location of the proposed lot lines and possible septic system locations.
The following report discusses our findings and our recommendations for the site.
Beginning at the Roaring Fork River at the south end of the site, the topography of the site
consists of a series of three benches running up to the Highway 82 Frontage Road. The
first bench being the lower bench is approximately 5 feet above the river level at the time
of the investigation and consists of the land between the river and the Basin Ditch. The
second bench being the middle bench is approximately 6 feet above the first bench and
includes the land between the south edge of the Basin Ditch and a retaining wall just south
of the existing residence. The third bench being the upper bench is approximately 8 feet
above the second bench and includes the lard between the retaining wall and the north
edge of the property.
A man-made pond exists on the middle bench of Lot B, and a pit had been excavated on
the middle bench of the adjacent property to the east. In both cases, ground water was
found approximately four feet below the existing ground surface.
Jowell/Harrington Subdivision Exemption
March 27, 1996
Page 1 of 3
• •
The site is approximately 1450 feet long and 292 feet wide with the long direction running
generally north and south. The proposed lot lines provide a lot of approximately 2 acres
along the north boundary (Lot A), a lot of approximately 4 acres in an L-shaped
configuration (Lot B), and a rectangular lot of approximately 3 acres in the south west
section of the Parcel (Lot C). The existing residence is located on Lot B.
The Lot lines as proposed divide the Parcel along some existing natural boundaries and
provide a division of the land which mitigates the impacts to the adjacent lots. We would
however recommend that the lot line running north and south between Lots B and C be
moved to the east to provide more middle bench area for Lot C.
An approximate location of the 100 Year Floodplain was deterrnined for the site using the
Colorado River and Tributaries FLOOD PLAIN STUDY maps (see FIGURE 1). Only a portion
of the lower bench is located within the 100 year floodplain.
Lot A is located completely on the upper bench. The existing residence along with the
existing well and septic system are located on the upper bench section of Lot B. The
remaining undeveloped portion of Lot B contains a section of both the middle and lower
benches. Lot C is located on the middle and lower benches.
According to the Colorado Department of Health (CDOH) and the Garfield County ISDS
regulations, the topography, groundwater conditions, and the proximity to adjacent wells
and septic systems easily Facilitates the construction of a single-family residence, domestic
well, and septic system on Lot A.
As stated above, Lot B contains the existing house, well, and septic system. Further
development or improvements on Lot B are not anticipated.
With the relocation of the lot line between Lot B and Lot C as recommended above, Lot C
would have adequate area (approximately 0.5 acres) of developable land for the
construction of a single-family residence and septic system on the middle bench which is
not within the floodplain. There is also buildable area within Lot C located on the lower
bench. If the building site on the lower bench is within the floodplain, a special use permit
would be required.
The general septic system design we would recommend for the two new residences would
consist of a septic tank, a dosing or pumping chamber to regulate the outflow, and a
leaching bed using infiltrator units. These designs would be prepared in accordance with
the Colorado Department of Health and Garfield County ISDS regulations. In accordance
Jowell/Harrington Subdivision Exemption
March 27, 1.996
Page 2 of 3
Z/
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
• •
with these regulations, at the time of design, the ground water table would have to be
determined under the proposed leaching areas and incorporated into the design. Similarly,
percolation tests and soil profiles would have to be performed within the proposed leaching
areas. ISDS design criteria state that the leaching surface of a leachfield be a minimum of
4 feet above the mean high ground water table. The design criteria also states that the
soil material between the leaching surface and the groundwater table have a percolation
rate no faster than 20 minutes per inch in order to adequately filter and treat the septic
effluent. These design criteria may require the construction of Wisconsin Mound type
leach fields and/or the importation of adequate filtration material.
As stated above, the Tots as proposed would provide adequate area for the construction of
septic systems, domestic wells, and single-family residences which would comply with all
applicable state and county regulations. If you have any questions, please call.
Sincerely,
Jerome Gamba & Associates, Inc.
Nathan Bell, Design Engineer
Attachment: FIGURE 1
S:\96484\INSP-RPT.WP6
Michael Gamba, P.E. 28036
Jowell/Harrington Subdivision Exemption
March 27, 1996
Page 3 of 3
2
JEROME GAMBA & ASSOCIATES. INC.
CONSULTING ENGINEERS & LAND SURVEYORS
•
•
100 YR FLOODPLAIU
100 YR FLOODWAY BOUNDARY
LOIIADO DEPARTMENT OF HIGI
PPLICATION FOR STATE HIGHWAY ACCESS PERMI
00•0004 01*
00.00401.00000 00/
Issuing authority
application acceptance
date
Instructions:
- contact the Department of Highways or your local government to determine your Issuing authority.
• contact the Issuing autholrIty to determine what plans and other documents aro required to bo submitted with your
appliC01100.
- complete this form (some questions may not apply to you) & attach all necessary documents and submit 11 to the
Issuing authority. Submit an application for each access requested' Plaaao print or typo
- Ifyou have any questions contact the issuing authority.
..00..00100.01000.0000
Properly owner (PormItlee)
1 r-GcAc.( E. JWeII r_ Iie-e [I . JuwryI1
2) Applicant
(1.(1 Actr F. ,Iowa II th1k.-e it. JovaIl
set address, city,
street address, city, ,
LZIJSS li (w -- y f�7�
1L05 f '/Y1)�1�/�(,!'�1II�V�/et-y
y _
sto & zip �a
/prcc�Co el (7z3
Phone 8
r io . `763 JG(-
st 10 ft./zip Phone N
Zoor'a& (f /6z-, 1970.963.0.3b
Address of properly to be served by permit (il known)
Legal description
,only ( (
of properly:
subdivision block lot�% Q
I 1 1(
I section township ( / I range
L -3--i 7 tJoU1F''t 1_d 7 (Ut✓5
J -(-r l LCL
l/1,Qyla, 1
Sl
highway?
What stale highway aro you fsquosting access Irons?
6) What side of the
0 N XS ❑ E 13 W
1-10NVmany lees Pe the proposed access libin the nearest mile post or cross street?
cii
from (.{ r-2Li 00
__>IQ.2(2O feet ( N S E W ) QL(,41:(
Check here If you are requesting a
❑ new access ❑ temporary access )Improvement 10 existing access 0 change In I(CCes9 use
What Is thepr xirnale etc y u Inter 1 to begin construction?
d0 CL -Fg, a/- ./j(l-S l.144P. have a Interest.
0) Do you have knowledge of any Stale Highway access permits serving this properly, of for adjacent properties In which you property
and/or, date
fl yes 0 no If "yes" - what are the permit number(s)? __________._..___-- permit
1; )es the properly owner own or have any interests in any adjacent property?
0 yes kr no II "yes" - please describe:
bor<el 1 I Or wllhln the properly?
2) Aro there existing or dedicated public streets, roads, highways or access easements ng
Byes 0 no 11 "yes" - Ilsl them on your plans and Indicate the proposed and existing access points.
3) II you oro requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square
footage of each?
business
square footage
business
square footage
4) II you aro requesting agricultural field access
- hOw many SCrtS will (he HCC095 servo?
5) 11 you 0r0 requesting residential development access, - what Is the typo (single family, apartment, townhouse) and number of units?
11U1111)er of units
type number of ur1119
6) Provide the loliowing vehicle count esllnlotes for vehicles Mat will 1
your counts are peak hour volumes 0 or average daily volumes
N of multi unit trucks
of pessenpnrs cars and lioht•IruckS
type
1
so the access Leaving properly then returning Is IwO COMM. Indicate if
N of other vehicles
nl a.tnolo r1nit v=.hIcle! in encase of 30 11
r -
M 01 farm vahlcloa (field equipment)
Total Count of All Vehicles
7) Check with the Issuing authority 10 determine which
(pten ei,nuld 1,0 nn 'Pryer Then 24" - 36')
a)
b)
c)
of the following documents are required 10 complete the review of your application.
Highway and driveway plan and pronto,
Drainage plan showing impact to the highway 1ighl.o1-way
.
Map and letters detailing utility locations belore and alter
development In and along the right-of-way.
Slrh(lvleton, zonings, or development plan.
o)
g)
I)
Properly reap indicating other access, bordering roads and streets
Proposed access design.
Parcel and ownership neaps Including easements.
Signing and striping plans.
T19111c control plan
Proof 01 liability Insurance
• ,_.-.,.0.....,..,,... .0.0.0.0_ _ __ *1
) 1 an access purr -nil is issued to you it will state the terms and conditions for its use. Any changes in the use of the
permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of
lite permit.
THE APPLICANT DECLARES UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER
APPLICABLE STATE OR FEDERAL LAWS, THAT ALL INFORMATION PROVIDED ON THIS FORM AND
SUBMITTED ATT CH,M- TS ARE TO THE BEST F 1-IIR KNOWLEDGE TRUE AND COMPLETE. (�
• �-- t L l Dale ; +.2. .;-2/ -' &
r,nPcnnt signature .-. 1..-(' �� a'.('- 7 / `1rr `Iv / f �� .r� l
( �� ` '`G � ? -tl d _ /
-(:?---t (_. ir.( L.' �' ' ,-'r , -((/' CC/P' • 7
rt we require this appiica ion also to bo signed by the property owner or
It the applicant lariat the owner ofyh property, q
their legally authorized ropresentatrve /or other acceptable written evidence). This signature shall constitute
agreement with this application by all owners -of -interest unless staled in writing. II a permit Is authorized, the
property owner wIl .lzke Isted u he permittee. 2
operty owner signature t (° (-) ` -ee, ' I, 7\) / c��'
_0400,1 ..� y%szc.� c� P (e 2:1 /, f r. s_ if .
sy rriclous ed one may he used iinlii teepees ere s ht ietsd
Data- =.Z •.1/ .�'r"
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• •
('. rbundole. 4k Rural hire i'rotection District
30(1 Meailowood Drive
Carbondale, Colorado 81623
Phone (970) 963-2491
FAX (970) 963-0569
February 29, 1996
Mark Bean
Garfield County Planning Department
109 8111 Street
Glenwood Springs, CO 81601
RE: Jowell Subdivision Exemption - 17605 Highway 82.
Dear Mark,
t i.1 i7 -7(r -fir 1`►' 1 r-
. _ tp .,Af4u_04.1996
i,,,._
I would like to oiler the Billowing continents iegaiding lire protection lift the .lowell property located
at 17605 1 lwy 82.
Access to the propel ty off Old 1 lighway 82 appears to he adequate. Any new driveways should be
according to Garfield County Road Standards to insure adequate access for enieigency vehicles on
a year round basis.
Water for lire protection would be supplied with w"valci cashed on ilio IIIc aplriu�itus, which is
approximately 7000 gallons.
Response time to the properly for both iiie and medical enieigcncies is approximately 10-15 minutes
with first response coming Boni the, Station No. I located in Carbondale
'l'he District will require the payment ol development impact Ices in the amount of 1;215.00 per lot,
for a total of$z170.00 as approved by the Gat field County Commissioners. This payment is due prior
to the recording of 11 ie linal plat.
Please contact nie ifyou have any questions
Sincerely,
13i11 (_layette
Fire £'l a rshal
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• •
DITCH IMPROVEMENT AND EASEMENT AGREEMENT
This Agreement is made and entered into this day of April, 1996 by and between 'PERRY
and MATTHEW HARRINGTON ("Grantors") and JEAN M. AND DEE BLUE (the
"Grantees").
RECITALS
A. Grantors are purchasing approximately 9.09 acres of land more particularly described
in Exhibit A, attached and referred to herein as the "Parcel A".
B. Grantees are the owners of a neighboring parcel of land comprising approximately 374
acres, more particularly described in Exhibit B, attached hereto and referred to herein as "Parcel B",
as well as water rights decreed to the Basin Ditch.
C. A portion of the Basin Ditch is located on property to be owned by Grantors upstream
of Parcel B.
D. Grantors anticipate the potential need for the placement of improvements in or on the
Basin Ditch where it crosses Parcel A and desire to convey to Grantors an easement to continue
without interference their historic use, maintenance and operation of the Basin Ditch across Parcel
A.
E. Grantees desire to consent to all such necessary and reasonable improvements in or
on the ditch upon the following terms and conditions:
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Responsibility With Respect to Work Involving the Basin Ditch. Grantors shall bear
100% of the cost involved with any work which they undertake associated with the Basin Ditch on
the Parcel A and shall pursue such work diligently to completion. Prior to the commencement of any
work involving the Basin Ditch, Grantors shall present Grantees with plans and specifications for such
work and a schedule for the completion of such work so that Grantees may assure themselves that
the contemplated work will not violate any of Grantors' obligations with regard to the Basin Ditch.
Grantees shall have 15 days after receipt of said plans to review and approve said plans which
approval shall not be unreasonably withheld. If Grantees fail to respond within said 15 days, consent
to the work as proposed shall be presumed. In the event of disapproval, the parties shall thereafter
meet and resolve any issues. No work performed by Grantors on the Basin Ditch, while in progress,
shall diminish the flow of water available to down -stream users of the Basin Ditch during the
irrigation season. Furthermore, upon completion of any work by Grantors associated with the Basin
Ditch on Parcel A, the Basin Ditch shall at a minimum be physically able to carry and deliver a
minimum of 45 cfs of water.
• •
Ditch Improvement and Easement
Agreement
Page 2
2. Conveyance of Easement Deed. Upon their purchase of Parcel A, Grantors shall
survey the Basin Ditch where it crosses Parcel A and shall execute and deliver to Grantees an
easement deed conveying an easement measuring 20 feet on either side of the centerline of the Basin
Ditch for the carriage of water and the operation and maintenance of the Basin Ditch.
3. Operation and Maintenance of The Basin Ditch. Grantees shall have the right to go
upon the easement for the Basin Ditch to be conveyed to Grantees under this Agreement and to
operate, clean and maintain the Basin Ditch as they have historically done.
4. Survival of Terms/Entire Agreement. All of the terms in this Agreement are intended
to benefit Parcel B and burden Parcel A, shall constitute a covenant running with the title to both
Parcels A and B, and shall survive the exchange of the deed provided for in paragraph 3 above. This
Agreement constitutes the entire agreement between the parties related to the subject matter
contained herein, and supersedes all prior agreements between the parties with respect hereto. All
terms of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and
their respective representatives, successors and assigns.
6 Interpretation. This Agreement is made under and is to be construed and enforced
in accordance with the laws of the State of Colorado. In the event there is ever a question about the
meaning or interpretation of this Agreement, it is the intention and understanding of the parties that
Grantees shall incur no shortage of water when needed by virtue of the development of Parcel A.
8. Notices. Notices hereunder shall be provided to the parties as follows:
If to Grantors:
Terry and Matthew Harrington
17650 Highway 82
Carbondale, CO 81623
If to Grantees:
Jean M. and Dee Blue
0404 County Road 104
Carbondale, CO 81623
or such subsequent addresses as each party shall designate in writing to the other from time to time.
2
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Ditch Improvement and Easement
Agreement
Page 3
This Agreement is hereby entered into this day of April, 1996.
Terry Ilan ington
Matthew I larrington
Jean M. Blue
Dee Blue
• Exhibit; A •
LEGAL DESCRIPTION
A tract of /and situated la Lots 7 and 8 in Section 33, Township
7 South, Range 87 west, 6th P.M. described an beginning at a
point in the Southerly right-of-way fence .line of Colorado State
Highway No. 82 from whence the SS Corner of section 33,
Township 7 South Range 87 West, 6th P.M. bears S 63 degrees 29'
28' E. 4,926,225 feet;
thence 5 02 degrees 29'02' S. 315.139 feet;
thence S 02 degrees 58' W. 122.612 feet;
thence S 62 degrees 49'42' W. 370.576 feet to the South line of said Lot 7;
thence S 546.67 feet to the South line of said Lot 8:
thence 5 89 degrees 08' W. 292.370 feet along the South line of said Lot 8;
thence N 01 degrees 15' S. 1,446.215 feet to the Southerly right-of-way fence
Iine of Colorado State Highway No., 82;
thence S. 72 degrees 09'58' 8. 285.270 feet along the Southerly right-of-way
fence line of Colorado State Highway No. 82 to the point of
Beginning.
COUNTY OF GARFIELD
STATS OF COLORADO
J )
• Exhibit B •
LEGAL DESCRIPTION FOR SUNNYSIDE RANCH
JEAN M. BLUE
0404 ROAD 104
CARBONDALE, COLORADO
Section 25, Township 7, Range 88:
Government Lot Acres
1 34.0
2 23.0
5 17.25
6 10.85
7 6.0
8 39.65
9 47.33
10 51.23
11 56.11
14 9.84
15 17.31
16 5.43
Section 36, Township 7, Range 88.
2 and 3 20.50
Lot splits in 25-7-88
Lot splits in 25-7-88
Lot splits in 25-7-88
2.020
31.370
2.00
Total Acres 373 89, more or less
March 25,1996
TO: Garfield County Commissioners
108 9 Glenwood Springs
Garfield County,Colorado 81602
RE: Lot Split Exemption at Jowell Property -17605 Highway 82
Dear County Commissioners,
As an adjacent property owner of the proposed Jowell Exemption,
questions have been raised if all requested submittal requirments
concerning pertanent data addressing an updated map from the
Corp of Engineers defining the 10 and 100 year flood plain as
it presently exists to Lot C.My property upstream has eroded
and formed a major headcut and rechannelized the Roaring Fork
River to flow directly on the North side and strip all vegetation
to protect the river bank from further erosion.
Possibly a request for a 1041 study should be in order for lot C
targeting the impacts of sewage disposal conventional system vs
advanced waste mechanical treatment clue to a high ground water
table.
Access points to the property has not been shown and the applicant
has indicated 6 traffic counts,in reality 5 properties and there
friends would be using the egress on and off the service road,impactin<
the integrity of the existing road.
The building sizes are an unknown and placment of a septic system
on Lot A shall affect my domestic water well as well as Mr. and Mrs.
Hammonds on the other side of the Jowell residence.
The general consensus of the neighbors affected by the proposed lot
split'of a negative response,sightinq loss of existing river views,
potential health hazards,settinq precedent, for higher density 011
traditional 4 to 10 acre lots, t.a oaf f icy and dust. problems,and generally
changing the character of the neighborhood.
• •
As a matter of public record,let it be known that Jan and
Kelly Gessele are against the proposed lot dissection in
its present submitted form to the Commissioners,I believe
more infomation must be addressed to the board before any
consideration for approval of this exemption is finalized.
Yours Truly,
Kelly and Jan Gessele
17607 Hwy, 82
Carbondale,Colorado 81623
April 1, 1996
To: Garfield County Board or Commissioners
From: Joseph B. & Gerry L. Zamora
17453 Highway 82
Carbondale, Colorado 81623
Re: Jack & Elke Jowell Property
17605 Highway 82
Carbondale, Colorado 81623
Recently we were advised that there is a proposal to subdivide the Jowell property into
three parcels. The following are our concerns:
1) Approximately one week ago we were requested to sign a statement waiving our
rights to object to the issuance ol'a well permit for the Jowell property. We
received no documents to support their theory that this would in tact not have an
affect on our water supply and yet their intention is to add two new wells to the
property. As there is a possibiltiy that this project could could have an impact
on our water supply we feel we should have the opportunity to review the projected
plans for the sites as to the location of the wells as well as the size of the homes
that are being proposed.
2) It is our impression that the building site to the rear of the property is in a hood
plain and will require an elaborate septic system. We feel that we have a right
to review the plans For that system as i1' it is inadequate there is the potential of
contamination to our wells.
3) It is also our concern that subdividing this property into acreage that is not in
context with the surrounding, properties may change the existing land use of our
arca and encourage further exploitation of our neighborhood. 'I.his could also
have an impact 011 the density of our wildlife.
4) Because of the short notice we have not had the opportunity to consult with our
attorney in order to review the projected development. We have not been
furnished a copy of the appplication and have not been advised oI' any restrictions
governing the size of the homes to be built on these sites.
As these factors could have an impact on our property we 11eluld like to request that you
allow us additional time and delay your decision.
J ,
r
` f
h B. & terry L. Zamora
• •
April 1, 1996
County Commissioners
Garfield County
Glenwood Springs, Colorado
Re: Arthur & Elke Jowell Application
for Subdivision Exemption
Greetings:
As adjoining property owners at 17527 Highway 82, we would like to express our
concerns and objections.
1. Will the drilling of two new wells affect the quantity and quality of our water?
Our well is 14 feet from the west property line; the water table on this part of the
property is approximately 9 feet.
We have a real concern about location of another well as well as the location of
a septic system.
2. The lower parcel of property which benches down and levels off to the river, where
the water table is about one foot especially when the Basin Irrigation Ditch is
running, is a real concern. It will have to have an "engineered" sewer disposal
system. Does this mean we will be looking at a "mound" - or hearing a
bubbling/gurgling monster that covers up the tranquil sound of the running river?
3. The effect of two additional houses - with children - pets - and "normal" living
noises will have an adverse effect on the wildlife in this area - deer, foxes, eagles,
owls, etc.
4. Everyone in the neighborhood bought these parcels of property as agriculture -
we have livestock, open space and access to the Roaring Fork River.
5. This is an "exemption" which means they do not have to abide by regulations for
subdivisions.
Does this mean we will have 20 people and cars living in one house? Or one
"house" converted into several apartments? Or noisy, rowdy parties down by the
river??
We believe that everyone should have the right to do with their property as they see fit,
but not at the expense of their neighbors or their neighborhood.
• •
We have appeared before the Garfield Planning & Zoning on two separate occasions to
voice our objections to high density building in our neighborhood (which were under
Subdivision Regulations). Both times they were withdrawn or denied because of
neighborhood objections.
If this "Exemption" is allowed, it will set a precedent as to the development of other
properties in this area and lead to high density, high traffic, and general destruction of
the rural tranquility of this neighborhood.
We paid top dollar for this privilege and pay high taxes to continue to live here.
We urge you not to grant an exemption and destroy what the rest of us have worked
hard for.
Respectfully,
Howard H. Hammond
Benita A. Hammond