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BOCC 9/20/93
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Larsh Subdivision Preliminary Plan
APPLICANT: Ed Larsh
LOCATION: A parcel of land located in a portion
of Sections 19 and 20, T.7S. R88W;
more practically described as a tract
of land located between State
Highway 82 and The Roaring Fork
River, between Glenwood Springs
and Carbondale.
SITE DATA: 14.726 acres.
WATER: Wells
SEWER: I.S.D.S. system.
ACCESS: Access easement from SH 82
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD & Aspen Glen PUD
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in District C - Rural Areas Minor Environmental
Constraints, District D - Rural Areas Moderate Environmental Constraints, and
District F - River/Floodplain Severe Environmental Constraints as shown on the
Garfield County Comprehensive Plan Management Districts Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is bound on the southwest by the Roaring Fork
River and on the northeast by the Rio Grande Railroad and State Highway 82.
To the northwest is an agricultural property owned by Mr. Richard Burry, and
the proposed Aspen Glen development is located directly across the Roaring
Fork. Access to the site is provided via an access easement through the Burry
property and across the railroad. A vicinity map is included in the applicant's
submittals, which are attached in the Board packet.
• •
The property gently slopes to the Roaring Fork River at approximately 12
percent grade, and the slope decreases to approximately 4 percent as the
property approaches the river. Vegetation includes native grasses in the historic
pasture areas, with Cottonwoods along the banks of the river. The regulated
floodplain is contained within the bank system, and will not impact any future
dwelling units within the subidivision. The only structures on the property is
Mr. Larsh's residence, a red caboose, and a detached garage/studio.
B. Mr. Larsh is proposing to split the 14.726 parcel into four (4) parcels of 6.4, 2.6,
2.6 and 2.9 acres in size. Mr. Larsh intends on retaining the 6.4 acre parcel with
the existing structures. All of the lots would utilize the existing easement
through Mr. Burry's property. The existing driveway will be improved to
County Road standards. Domestic water will be provided by individual wells
augmented by Basalt Water Conservancy contracts. Copies of the contracts
were submitted at Sketch Plan. Shares in the Glenwood Ditch will be
transferred to each lot on a proportional share basis. Mr. Larsh's well has
historically produced dependable water.
Sewage disposal will be handled by ISDS. The predominate soils on the site
include the Mussel type, which only has moderate restrictions for ISDS systems.
Two (2) percolation tests have been performed on the property, and the
Geotechnical Study (within the application) indicate that ISDS are feasible on
the site.
III. REVIEW AGENCY COMMENTS
Division of Wildlife- At sketch plan review, the DOW noted methods of protecting the
riparian habitat adjacent to the site, and suggested mitigation to protect the Bald Eagle
site south of the Larsh property (see letter page -/9 ).Based on converstations with
the applicant's consultant and staff, Kevin Wright revised his comments (see 8-17-93
letter on pages (01(- 0,1 / ), primarly due to extensive revisions to the design since the
sketch plan submittal.
The closest building site to the eagle nest adjacent to Aspen Glen is in excess of 1000
feet. In addition, the nest is not visible due to terrain and vegetation. The Division of
Wildlife originally requested that no construction be allowed from February 15 to May
1st if eagles are present, and that no public or private fishing be allowed except for float -
through traffic from January 1 through May 15.
Staff has always supported DOW efforts to protect the eagle nest during the Aspen Glen
hearings, however, staff agrees that the construction limitation is not warranted, due to
distance and topography in relation to the eagle nest. The maintenance and
preservation of the cottonwoods, in addition to the setback restrictions recommended
by DOW have been met by the applicant with the revised design.
Garfield County has historically limited dogs in development located in winter range
or critical habitat for elk and deer. The Larsh property is not located within these
designations. In staff's opinion, dog restrictions are not necessary in this case.
Colorado State Forest Service: The Forest Service has not responded in writing to the
proposal, but verbally approved the project due to lack of wildfire danger in the area.
• •
State Engineer's Office: The State Engineer's Office has approved the project based on
water allotment contracts with the Basalt Water Conservancy District. Permits
(#42570-F, #42568-F and #43569-F) have been issued to ensure sufficient water for the
project. Two (2) of the permits allow for only one (1) family unit, with one well required
for two dwelling units on lot 1 and one unit on lot 2 (see 9-3-93 letter from Jeff
Deatherage on pages A2a 0? 3 ).
No other agencies have commented on the project to date.
IV. STAFF COMMENTS
A. Comprehensive Plan Compliance: During the Sketch Plan review process, staff
and the Planning Commission agreed that the project was in general compliance
with the Garfield County Comprehensive Plan, 1984. Staff suggests that the
retainment of open space adjacent to the Roaring Fork River, as well as the
identification of non -buildable areas, brings the project further in compliance
with the Comprehensive Plan.
B. Soils/Topography: As was the case at the adjacent Aspen Glen site, the property
includes sinkholes that have formed in the alluvial fans in the field area of the
southwest part of the property. No residential structures are proposed in
sinkhole areas. The Preliminary Plan includes "unbuildable area" designations,
consistent with the geotechnical report included in the application,.
C. Roads/Access: As noted earlier, all lots access off of an existing easement
through the Burry property. Plans submitted with the application confirm that
the road design is consistent with County standards. Staff still has significant
concerns regarding the ability of Mr. Larsh to utilize the Burry easement for the
additional parcels. The easement recorded with the County (Book 497 Page 220)
describes an 18 foot easement for utility and access purposes. In order to meet
Subdivision Road Standards, a 40 foot ROW would be required.
The applicant has contacted the Burry's regarding the need to amend and record
another easement (see Richard Burry's letter on page c ). Current
County Road Standards does not have a process to request a variance to the
ROW requirements. The applicant intends on resolving the easement with Mr.
Burry, probably by recording a revised easement agreement, prior to the
recording of a Final Plat.
The crossing of the railroad is in the from of a deeded crossing without any use
limitations. ROW limitation through the section of SH82 ROW is not within
the jurisdiction of subdivision regulations.
D. Fire Protection: The subject property is within the Glenwood Springs Rural Fire
Protection District. The fire district has not commented on the proposal.
E. Lot Design: Significant changes in lot design have occurred in response to
comments from the Planning Commission during Sketch Plan review and the
findings of the geotechnical report. Specific changes include the following:
• Areas considered unbuildable have been identified and graphically
depicted on the plat;
- /(9
• •
• An open space easement, confined to portions of the lot to be retained by
Mr. Larsh, has been identified on the plat. Staff suggests that very
specific language be included at the time of final plat regarding the
accessibility of the easement to future owners within the subdivision.
• The original proposal was designed around all lots having river frontage.
The only drawback to this design configuration is that the lots were quite
narrow, approximately 100 to 130 feet wide in the area most likely to
include building sites (i.e. next to the river). This also reduced the
horizonal separation between future structures within the subdivision,
and conflicted with riparian protection goals advovated by the Division
of Wildlife and the Garfield County Comprehensive Plan.
In staff's opinion, the revised design is superior than the sketch plan configuration.
V. RECOMMENDATION
On September 8, 1993, the Planning recommended approval (8-0) of the Preliminary Plan
subject to the following conditions:
1. That all representations of the applicant, either within the application or stated
at the public hearings before the Planning Commission and the Board of County
Commissioners shall be considered conditions of approval, unless stated
otherwise by the Planning Commission and the Board of County
Commissioners.
2. The Homeowner's Association, or other appropriate legal entity, shall be
incorporated in accordance with Colorado Revised Statute requirements.
3. The applicant shall prepare and submit a Subdivision Improvements Agreement
addressing all on-site improvements, prior to the submittal of a fmal plat.
4. The applicants shall submit improvement plans for all roads, utilities, fire
protection, improvements, signage and drainage structures prior to the submittal
of the fmal plat.
5. That all proposed utilities shall be placed underground.
6. That the applicant shall demonstrate that procedures are established for the
maintenance of all roadways, including snow removal, through the
Homeowner's Association, or other appropriate legal entity.
8. That the applicant shall pay $200 per lot in School Impact Fees prior to the
approval of the Final Plat.
That the following plat notes shall be included on the Final Plat:
a. All residential structures shall be constructed consistent with the
recommendations of The Preliminary Geotechnical Study prepared by
Hepworth - Pawlak Geotechnical, Inc. (July 2„ 1993).
b. No open-hearth solid -fuel devices will be allowed anywhere within the
• •
Larsh subdivision.
All dwelling units will be allowed an unrestricted number of natural gas -
burning fireplaces or appliances.
d) All dwelling units will be allowed one (1) new woodburning stove as
defined by CRS 25-7-401 et. seq., and the regulations promulgated
thereunder.
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10. Prior to the approval of the Final Plat, the Applicant shall submit approved well
permits, consistent with the Basalt Water Conservancy Contracts providing for
a legal water supply for the Larsh Subdivision. The Basalt Water Conservancy
District Water Allotment Contract and the water rights associated with the
s together with well permits, shall be transferred by the developer to a
homeowner's associatio& which shall have the power and the duty to enforce
compliance by lot owners with the terms and conditions of the augmentation
plan. Appropriate Protective Covenants shall further require compliance with
the terms and conditions of the augmentation plan.
11. That the applicants shall prepare and submit protective covenants, articles of
incorporation and other Homeowner's Association documents including by-laws
will be submitted for review by the County Attorney prior to the approval of the
Final Plat.
12. That the plat and covenants will provide that there will be no resubdivision of
the lots.
13. That all roadways shall be constructed in accordance with the design standards
in effect at the time of submittal of the Final Plat.
14. The Final Plat shall include the same unbuildable designations as shown on the
Preliminary Plan, in conformance with the recommendations ofthe geotechnical
report. This requirement shall be incorporated into the restrictive covenants.
15. That adequate easements for wells, waterlines and other attendant facilities shall
provide on the Final Plat.
16. Prior to the the signing of a Final Plat, the applicant shall submit to County
legal staff evidence that the applicant has legal right to use the easement through
the Burry's property for all lots created by the subdivision, consistent with
County Road Standards.
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1)EPAII I MEM. Or NA I UIIA(. IIESOUIICFS
DIVISION OF WILDLIFE
AN EOUA1. 01P0(1111 ITY EMPLOYER
Pony 0. Olson, Uhoclor
6060 Broadway
Denver, 60101800 80216
1 olophona: (303) 29/-1192
8-17-93
Garfield County Planning
109 8th St., Suite 303
Glenwood Springs, CO 81601
Dear Dave:
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For People
I refer you to my 3-30-93 letter to you regarding the proposed
Larsh Subdivision. I would like to point out that recommendations
made to minimize impacts were not just for the bald eagle nest site
but also for the bald eagle's use of the riparian/cottonwood zone
along the river. I agree with Mr. Liston that these comments were
not consistent with Aspen Glen's; they were less restrictive
because of this subdivision's location. Fiomesite construction
period as recommended in #4 of my letter could be relaxed if
recommendation #2 is implemented.
In reference to fishing on the Roaring Fork River, we need the
cooperation of the County, applicant, and potential homeowners.
The bald eagles have shown AND demonstrated their sensitivity to
wading/walking fishermen by abandonment of the nest site. We are
not asking the applicant or homeowners to patrol the river, but are
recommending a restriction be placed on the homeowners' use of the
river during a sensitive period for the eagles. Maintain
recommendation #5 but strike the word "public". We feel it is
entirely appropriate to make this recommendation.
Thank you for the opportunity to comment. If you have any
questions, please give me a call.
Sincerely,
i
Kevin Wri• t
District Oildlife Manager
Carbondale
DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director
NILDLIFE COMMISSION, William R. I-legberg, Member • Eldon W. Cooper, Member • Felix Chavez, Member • Rebecca L. Frank, Member
Louis F. Swift, Secretary • George VanDenBerg, Chairman • Arnold Salazar, Member • Thomas M. Eve, Vice Chairman
SIF OF COLORADO
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3-30-93
Garfield County Planning
109 8th St., Suite 303
Glenwood Springs, CO 81601
Dear Dave:
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For People
On 3-29-93 I inspected the Larsh Subdivision proposal. The
property does not lie within any winter range designations for deer
and elk but does lie adjacent to critical winter range and winter
range across Highway 82 to the northeast and across the Roaring
Fork River to the southwest. Wintering mule deer and elk will
occasionally utilize the property as is evidenced by their
droppings. The property contains valuable cottonwood riparian zone
along the Roaring Fork River and lies north of a bald eagle nest
site. These cottonwoods along the lower portion of the property
are valuable wildlife habitat to a variety of species but are also
very important as a screen between homesite development and the
eagle nest and adjacent feeding and roost sites. It is important
that this zone of cottonwoods be protected.
The following will help minimize impacts to wildlife. Most of
these recommendations emphasize measures which will minimize
impacts to the bald eagles.
1. Maintain and preserve the cottonwood riparian zone (i.e.-
no removal of cottonwoods, no livestock or horse grazing
within this zone)
2. Homesites be constructed on the upper 1/2 of the lots with
a 100 yard setback from the river bank and cottonwoods. This
would also keep homes away from what appears to be some active
sinkhole activity in the lower portions of the lot.
3. Limit dogs to 1 dog/home with dogs kenneled or chained.
Kennel be constructed before C.O. is issued.
4. No construction activity from Feb. 15 - May 1 if eagles
are present. This is less restrictive than Aspen/Glen due to
this subdivision's distance and elevation from the eagle nest.
5. No public or private fishing on the Roaring Fork River,
except float through traffic only, from Jan. 1 - May 15. once
eagles abandon or leave the area for the year fishing may
continue.
DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director
WILDLIFE COMMISSION, William R. Hegberg, Member • Eldon W. Cooper, Member • Felix Chavez, Member • Rebecca L. Frank, Membei
Louis F. Swift, Secretary • George VanDenBerg, Chairman • Arnold Salazar, Member • Thomas M. Eve, Vice Chairman
• •
In addition, if homeowners have livestock or horses, winter feeding
will attract deer and elk causing game damage problems. in
addition, it may also draw more animals across Highway 82 and
increase animal/car collisions. To minimize this we recommend that
homeowners be required to fence their stackyards with 8' game proof
fencing. We can provide fence specifications upon request.
Thank you for the opportunity to comment. If you have any
questions, please feel free to give me a call.
Sincer ly,
Kevin Wright
District Wil ife Manager
Carbondale
OFFICE OF THE STATE ENGINEER
1 )ivisicrn c I Water Resuur( es
I )v1)0'1 111(411 (rt Natural ResOurc cis
1 31 4 Sherman Street, Room 818
Denver, Colo' ado 802(73
Thune (1031866-1581
FAX 11011866-3589
STATE OF COLORADO
September 3, 1993
Mr. Dave Michaelson
Garfield County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Larsh Subdivision
Sections 19 & 20, T 7 S, R 88 W, 6TH P M
Division 5, Water District 38
Dear Mr. Michaelson:
Roy Romer
Governor
Ken Salazar
Executive Director
I lal 1). Simpson
State Enginevi
We have reviewed the above referenced proposal to subdivide a 14.72 acre parcel into four
single family residential lots of 6.44 acres, 2.56 acres, 2.89 acres, and 2.64 acres. The proposed
water supply is indicated as individual wells operating pursuant to water allotment contracts with
the Basalt Water Conservancy District. We have previously reviewed this proposal (see enclosed
letters dated April 15, 1993 and September 30, 1992) and indicated that once the existing well
permit, no. 148415, was amended, additional well permits could be issued pursuant to Basalt
contracts.
As per section 30-28-136 (11)(I), C.R.S. 1973, the State Engineer's Office offers the following
opinion for your consideration regarding material injury to decreed water rights and the adequacy
of the proposed water supply of the subject subdivision:
1. On July 23, 1993, three well permits were issued for use on the four lots in the Larsh
Subdivision. Permit no. 42570-F was issued to expand the use of permit no. 148415 to
serve ordinary household purposes inside three single family dwellings. Two dwellings are
to be located on lot 1 and one dwelling is to be located on lot 2. Permit no. 42568-F was
issued for use on lot 3 and permit no. 42569-F was issued for use on lot 4. Each of these
two permits limit use of the wells to ordinary household purposes inside one single family
dwelling only. Outside use for lawn and garden irrigation or livestock is prohibited.
Prospective lot purchasers should be made aware of the limitations on water use and other
information contained in this letter. We recommend that a copy of this letter be given to
lot purchasers.
• •
Dave Michaelson Page 2
September 3, 1993
2. The well located on lot 1, permit no. 42570-F, is to be shared between a total of three
dwellings located on lot 1 and 2. In order to assure that a permanent water supply will be
available on an equitable basis to either lot, we recommend the following:
A) The well should be located on an outlot owned in common by all property
owners using the well. Access to the well and the right to establish and maintain
a pipeline shall be provided by easements where necessary.
B) The well should be jointly owned by the lot owners.
C) Recorded covenants and/or other mechanisms should establish a lot owners
association with powers to make decisions concerning management and operation
of the well. A joint maintenance agreement is a required part of such an
association.
3. The water supply appears adequate as long as the limitations on the well permits are not
exceeded. No material injury to decreed water rights should occur as long as the permit
limitations are not exceeded and water allotment contracts with Basalt are maintained, and
as long as these wells are operated pursuant to an approved substitute water supply plan
or an approved plan for augmentation.
Please let us know if you have any further questions.
Sincerely,
Jeff Deatherage
Water Resource Engineer
JD/jd
larsh.rev
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner
File
• •
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BOCC 9/20/93
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Larsh Subdivision Preliminary Plan
APPLICANT: Ed Larsh
LOCATION: A parcel of land located in a portion
of Sections 19 and 20, T.7S. R88W;
more practically described as a tract
of land located between State
Highway 82 and The Roaring Fork
River, between Glenwood Springs
and Carbondale.
SITE DATA: 14.726 acres.
WATER- Wells
SEWER: I.S.D.S. system.
ACCESS: Access easement from SH 82
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD & Aspen Glen PUD
L RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in District C - Rural Areas Minor Environmental
Constraints, District D - Rural Areas Moderate Environmental Constraints, and
District F - River/Floodplain Severe Environmental Constraints as shown on the
Garfield County Comprehensive Plan Management Districts Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Descri ion: The property is bound on the southwest by the Roaring Fork
River and on the northeast by the Rio Grande Railroad and State Highway 82.
To the northwest is an agricultural property owned by Mr. Richard Burry, and
the proposed Aspen Glen development is located directly across the Roaring
Fork. Access to the site is provided via an access easement through the Burry
property and across the railroad. A vicinity map is included in the applicant's
submittals, which are attached in the Board packet.
SIAIF Or COLonnDO •
!toy 'Wino', Govornor
UEPAIIIMENI' or NAIUIIAt. ItESOU1tCFS
DIVISION OF WILDLIFE
AN EQUAL OI'r'On141011Y EMPLOYE11
Pony 11 Olson, Director
(3060 Broadway
Denver, Colorado 80216
Telephone: (30:1) 297-1192
8-17-93
Garfield County Planning
109 8th St., Suite 303
Glenwood Springs, CO 81601
Dear Dave:
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lin' People
I refer you to my 3-30-93 letter to you regarding the proposed
Larsh Subdivision. I would like to point out that recommendations
made to minimize impacts were not just for the bald eagle nest site
but also for the bald eagle's use of the riparian/cottonwood zone
along the river. I agree with Mr. Liston that these comments were
not consistent with Aspen Glen's; they were less restrictive
because of this subdivision's location. Homesit:e construction
period as recommended in #4 of my letter could be relaxed if
recommendation #2 is implemented.
In reference to fishing on the Roaring Fork River, we need the
cooperation of the County, applicant, and potential homeowners.
The bald eagles have shown AND demonstrated their sensitivity to
wading/walking fishermen by abandonment of the nest site. We are
not asking the applicant or homeowners to patrol the river, but are
recommending a restriction be placed on the homeowners' use of the
river during a sensitive period for the eagles. Maintain
recommendation #5 but strike the word "public". We feel it is
entirely appropriate to make this recommendation.
Thank you for the opportunity to comment. If you have any
questions, please give me a call.
Sincerely,
i
Kevin Wri. t
District ^ildlife Manager
Carbondale
DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director
VILDLIFE COMMISSION, William R. l Iegberg, Member • Eldon W. Cooper, Member • Felix Chavez, Member • Rebecca L. Frank, Member
Louis F. Swift, Secretary • George VanDenBerg, Chairman • Arnold Salazar, Member • Thomas M. Eve, Vice Chairman
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3-30-93
Garfield County Planning
109 8th St., Suite 303
Glenwood Springs, CO 81601
Dear Dave:
�.I f 1 ! IIj I. I r.
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/'m. People
On 3-29-93 I inspected the Larsh Subdivision proposal. The
property does not lie within any winter range designations for deer
and elk but does lie adjacent to critical winter range and winter
range across Highway 82 to the northeast and across the Roaring
Fork River to the southwest. Wintering mule deer and elk will
occasionally utilize the property as is evidenced by their
droppings. The property contains valuable cottonwood riparian zone
along the Roaring Fork River and lies north of a bald eagle nest
site. These cottonwoods along the lower portion of the property
are valuable wildlife habitat to a variety of species but are also
very important as a screen between homesite development and the
eagle nest and adjacent feeding and roost sites. It is important
that this zone of cottonwoods be protected.
The following will help minimize impacts to wildlife. Most of
these recommendations emphasize measures which will minimize
impacts to the bald eagles.
1. Maintain and preserve the cottonwood riparian zone (i.e.-
no removal of cottonwoods, no livestock or horse grazing
within this zone)
2. Homesites be constructed on the upper 1/2 of the lots with
a 100 yard setback from the river bank and cottonwoods. This
would also keep homes away from what appears to be some active
sinkhole activity in the lower portions of the lot.
3. Limit dogs to 1 dog/home with dogs kenneled or chained.
Kennel be constructed before C.O. is issued.
4. No construction activity from Feb. 15 - May 1 if eagles
are present. This is less restrictive than Aspen/Glen due to
this subdivision's distance and elevation from the eagle nest.
5. No public or private fishing on the Roaring Fork River,
except float through traffic only, from Jan. 1 - May 15. Once
eagles abandon or leave the area for the year fishing may
continue.
DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director
WILDLIFE COMMISSION, William R. Hegberg, Member • Eldon W. Cooper, Member • Felix Chavez, Member • Rebecca L. Frank, Member
Louis F. Swift, Secretary • George VanDenBerg, Chairman • Arnold Salazar, Member • Thornas M. Eve, Vice Chairman
• •
In addition, if homeowners have livestock or horses, winter feeding
will attract deer and elk causing game damage problems. in
addition, it may also draw more animals across Ilighway 82 and
increase animal /car collisions. To minimize this we recommend that
homeowners be required to fence their stackyards with 8' game proof
fencing. We can provide fence specifications upon request.
Thank you for the opportunity to comment. If you have any
questions, please feel free to give me a call.
Sincer ly,
Kevin Wright ife
District WilManager
Carbondale
OFFICE OF THE STATE ENGINEER
1 )ivitiion ()I Water R('Suul(r'S
1 )C1),111nu'n1 of N,11ur,)I R('soulc eS
I SI t Sh(ml II1 Street, Room 1318
I )enver, Colorado 8(32(13
Phone 131) 3) 1366-3581
FAX AXI 30 3) 866- 3589
STATE OF COLORADO
September 3, 1993
Mr. Dave Michaelson
Garfield County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Larsh Subdivision
Sections 19 & 20, T 7 S, R 88 W, 6TH P M
Division 5, Water District 38
Dear Mr. Michaelson:
Roy Romer
Governor
Ken Salazar
Executive 1)ireclor
I lal D. Simpson
Slate Engineer
We have reviewed the above referenced proposal to subdivide a 14.72 acre parcel into four
single family residential lots of 6.44 acres, 2.56 acres, 2.89 acres, and 2.64 acres. The proposed
water supply is indicated as individual wells operating pursuant to water allotment contracts with
the Basalt Water Conservancy District. We have previously reviewed this proposal (see enclosed
letters dated April 15, 1993 and September 30, 1992) and indicated that once the existing well
permit, no. 148415, was amended, additional well permits could be issued pursuant to Basalt
contracts.
As per section 30-28-136 (H) (I), C.R.S. 1973, the State Engineer's Office offers the following
opinion for your consideration regarding material injury to decreed water rights and the adequacy
of the proposed water supply of the subject subdivision:
1. On July 23, 1993, three well permits were issued for use on the four lots in the Larsh
Subdivision. Permit no. 42570-F was issued to expand the use of permit no. 148415 to
serve ordinary household purposes inside three single family dwellings. Two dwellings are
to be located on lot 1 and one dwelling is to be located on lot 2. Permit no. 42568-F was
issued for use on lot 3 and permit no. 42569-F was issued for use on lot 4. Each of these
two permits limit use of the wells to ordinary household purposes inside one single family
dwelling only. Outside use for lawn and garden irrigation or livestock is prohibited.
Prospective lot purchasers should be made aware of the limitations on water use and other
information contained in this letter. We recommend that a copy of this letter be given to
lot purchasers.
• •
Dave Michaelson Page 2
September 3, 1993
2. The well located on lot 1, permit no. 42570-F, is to be shared between a total of three
dwellings located on lot 1 and 2. In order to assure that a permanent water supply will be
available on an equitable basis to either lot, we recommend the following:
A) The well should be located on an outlot owned in common by all property
owners using the well. Access to the well and the right to establish and maintain
a pipeline shall be provided by easements where necessary.
B) The well should be jointly owned by the lot owners.
C) Recorded covenants and/or other mechanisms should establish a lot owners
association with powers to make decisions concerning management and operation
of the well. A joint maintenance agreement is a required part of such an
association.
3. The water supply appears adequate as long as the limitations on the well permits are not
exceeded. No material injury to decreed water rights should occur as long as the permit
limitations are not exceeded and water allotment contracts with Basalt are maintained, and
as long as these wells are operated pursuant to an approved substitute water supply plan
or an approved plan for augmentation.
Please let us know if you have any further questions.
Sincerely,
r-/`
Jeff Deatherage
Water Resource Engineer
JD/jd
larsh.rev
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner
File
• •
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